THE EDITOR, Sir:
I USE this medium to voice my concern regarding the recent raid on the offices of two attorneys-at-law reportedly under the cloak of The Mutual Assistance (Criminal Matters) Act. This represents a most serious trespass on the hallowed, ancient and judicially protected (up to now) public interest principle of the confidentiality which must be maintained for communication between lawyer and client.
Although referred to in terms of lawyer/client, it really exists to protect the public at large and to preserve the rule of law and due process of law, which is the twin fundamental principle on which our law and our democracy is built. This includes the presumption of innocence and its implications for a fair and procedurally wholesome trial.
If these rights are not closely guarded and vigorously defended in the individual cases, then God help us all because otherwise, we lie at the mercy of arbitrary actions. Remember, if they come for me in the morning, they will surely find you in the evening!
I have, for myself, avoided getting into the logistical details of how these raids were conducted. They are no doubt relevant but there is a real danger of clouding the central and fundamental issue by the minutiae.
What is in a client's files, in a lawyer's filing cabinet in a lawyer's office, must be presumed to contain professional confidences. The proper way to challenge this must involve a hearing by a judicial officer enjoying the independence protected and guaranteed by our Constitution with both sides putting forward their positions.
We cannot sit by and permit it to be undermined by some Central Authority (however well meaning) acting in secret and behind closed doors with a Magistrate (however well introduced).
This is not just a lawyer's issue; this is not just a litigant's issue; it is the nation's prerogative.
I am, etc.,
JACQUELINE SAMUELS-BROWN
Attorney-at-Law
Chambers, Barry Street
Kingston
