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Interception Act amended

Published:Friday | July 15, 2011 | 12:00 AM
Chuck

JUSTICE MINISTER Delroy Chuck wasted no time in his new capacity in Gordon House as he piloted the Interceptions of Communications Act, which received the nod from his colleague lawmakers on Wednesday.

Chuck, who resigned as Speaker of the House to take up his new position opened the debate on the bill on Tuesday, and returned the following day to conclude deliberations at the committee stage.

The bill was passed without amendment.

Changes have been made to the Interception of Communications Act, clearing the way for intercepted communication to be disclosed to a foreign government, or any agency of such government with a proviso.

The memorandum of objects, and reasons indicates that intercepted communication could be shared with a foreign government, where Jamaica has an agreement with that country for mutual exchange of that kind of information, and the minister certifies that it is in the public interest that such disclosure be made.

Another stipulation is that the communication be used solely for the purpose of the prevention, detection or prosecution of a criminal offence.

The amendment of the Interception of Communications Act comes in the wake of a recent submission in the report of the Manatt-Dudus Commission of Enquiry.

The commissioners recommended that the Interception of Communications Act should be amended.

Lawyers representing alleged drug lord Christopher 'Dudus' Coke have indicated that the wiretap information tendered as evidence by United States (US) prosecutors in the case against Coke was obtained illegally and in breach of the Jamaican Constitution.

They argued that the wiretap information should not be admissible in the trial.

The US judge presiding over the trial has reserved judgement on whether to admit the evidence or to throw it out.