Wehby wants SOE court case resolved quickly
KINGSTON, Jamaica — Government Senator, Don Wehby, is hoping for a speedy resolution of the court case regarding the legality of the states of emergency (SOEs), so that the security forces can have access to another tool in their crime fighting kit.
Wehby made the comments on Friday as he opened the 2021/2022 State of the Nation Debate in the Senate.
“I understand the legality issue regarding detention under the states of emergency and I respect that there is a court case. I am hoping the matter will be dealt with quickly so we can ensure we are using all the tools required to fight against the crime monster,” Wehby remarked.
Although the SOEs that were declared by the Government were in force for up to two years in some instances before a September 2020 Supreme Court decision found that they were unlawful and unconstitutional, Wehby acknowledged that they were not a long term solution to the crime problem.
“It is a tactical and strategic tool which serves a particular purpose. It is one means to an end,” he argued.
Continuing, he said: “I have to rely on the expertise of the Jamaica Constabulary Force and the Jamaica Defence Force, and I have a lot of confidence in them. The current Commissioner of Police (Major General Antony Anderson) indicated that the states of emergency “enable the security forces to undertake critical activities that they would not have been able to do previously and based on the statistics I have seen it has been an effective tool in crime fighting.”
The September 2020 landmark ruling by the Supreme Court against the extended detention of five men under the SOEs dealt a body blow to the government’s main crime fighting tool.
While the SOEs were suspended in August 2020 ahead of the September 3 general election, they were never reinstituted because of the Supreme Court ruling and the matter is now before the Court of Appeal.
In his ruling, Supreme Court Judge, Justice Bertram Morrison declared as unconstitutional and unlawful, the detention of five men — Nicholas Heath, Gavin Noble, Courtney Thompson, Courtney Hall and Everton Douglas — under the SOEs.
According to court documents, Heath was held in custody for 361 days, Hall for 395 days, Noble for 431 days, Thompson for 365, and Douglas for 177 days.
They were released from custody on August 17, 2020, just one day before Nomination Day activities for the general election.
In his 64-page judgment, Morrison argued that there were no justifiable grounds for holding the men for such extended periods. He noted that during their detention no charges were brought against them.
“It is quite remarkable, having regard to the fact that none of them had been charged for any offence in law,” Morrison stated. He also took issue with the detention orders under the SOEs issued by the national security minister which he also deemed to be unlawful.
Justice Morrison said the use of the orders to detain the men for criminal cases without proper review breached the doctrine of separation of powers.
Meanwhile, Prime Minister Andrew Holness has said that the government has not abandoned SOE’s as a crime fighting tool.
“Let me be very clear to all Jamaicans listening, if there occurs a situation, in which we (the government) clearly see that there is a threat to life, community and property that rises to the level that satisfies the constitutional requirement, we will declare a state of public emergency,” Holness said.
He was addressing journalists during last Sunday’s virtual press conference at Jamaica House, where he declared a Zone of Special Operation for the community of Norwood in St James.