LOCAL PROSECUTORS and Resident Magistrates have expressed confidence that a greater number of successful prosecutions of cases involving money laundering would now occur, as the techniques to better prosecute these cases were strengthened, following a recent workshop in Kingston.
Some 58 prosecutors, headed by the Director of Public Prosecutions (DPP), Kent Pantry, Resident Magistrates and Clerks of Courts, as well as the Chief Justice of Jamaica, Lensley Wolfe, participated in the two-day workshop to examine The Money Laundering Act, 1998 and The Drug Offences (Forfeiture of Proceeds) Act, 1994. The seminar, held at the Jamaica Conference Centre, ended on September 14.
The workshop was organised jointly by the Ministry of Justice and the Caribbean Anti-Money Laundering Programme (CALP), with the main presentations led by noted British attorney-at-law, Andrew Mitchell Q.C.; Fitzroy Drayton of CALP and banking lawyer, Mrs. Shirley Ann Eaton, of Jamaica.
Chief Justice Wolfe said that the composition of the audience was deliberate, as it would assist in expediting matters in the nation's courts. "It was yet one more way of seeking to improve the administration of justice, and so this is a trend which will be continued for future training," he added.
Attorney-General and Minister of Justice, A.J. Nicholson, who also participated on the first day, said that the country must fight back against the wave of drug trafficking and the attendant ills which continue to threaten social stability.
He urged participants to remain steadfast against the other challenges which confront the nation's justice system, citing the absence of police and civilian witnesses and trial by press, as examples.
One of the more resourceful legal techniques brought out in the seminar was the need for criminal prosecutors to exercise the range of legal instruments available in civil proceedings.
In his presentation, Mr. Mitchell urged prosecutors to make greater use of restraint orders, which are provided for in the laws, and which have proven very effective in bringing drug traffickers to book, in other jurisdictions. He also cited another useful civil proceeding the issuing of Pecuniary Penalty Orders which, he said, occurred daily in the United Kingdom.
Turning to the forfeiture of assets derived from illegal activity and money laundering, Mr. Mitchell expressed the view that seizure "was important to our democratic life, as the proceeds can be used for proper and sensible purposes," such as drug rehabilitation.
He assured local Prosecutors and Resident Magistrates that the forfeiture of assets from criminals was not a violation of human rights. However, where third parties are adversely affected, such as children, judges must exercise discretion, he added. Mr. Mitchell said that while forfeiture "can be cumbersome, money laundering ought not to be tolerated as for every dollar laundered, someone else suffers." Furthermore, "the more you use the tools available to you, the more these people will get the message, and court revenues will increase," he argued.
In her address, Mrs. Eaton, who is also the Executive Director of the Jamaica Institute of Bankers, said there has been no indication that the Jamaican banking sector is being used to launder money, as these institutions continue to improve the checks and balances to ensure integrity of the country's banking system. What seems to be the preferred means for laundering money locally, is "the penchant for acquisition of assets, especially luxury vehicles and grand homes," she added.
