Police must seek, respect AG's advice
Published:Saturday | July 6, 2013 | 12:00 AM
THE EDITOR, Sir:
In the case of Gary Hemans vs The Attorney General of Jamaica, delivered on May 31, 2013, which has sparked a flood of reaction from the public - and the police, in particular - Mr Justice Batts, at the end of the judgment, said, "I have directed the registrar of the Supreme Court to send a copy of this judgment to the Office of the Commissioner of Police and to the commissioner of INDECOM for such action to be taken as they may deem fit."
The police have reacted by quoting from a number of laws where they seem to be maintaining that they have, in their own discretion, the power to conduct searches. In paragraph 7 of his judgment, Mr Justice Batts observed that, with respect to the lawful reason to request a search, "... the attorney-at-law representing the (police), when asked, stated that reasonable cause was the fact that the police were conducting random searches for guns and drugs".
He continued to make the observation that "it is the casual attitude by the defendant and its witnesses (the police) to the individual's right to freedom of movement, freedom of the person, and freedom from search that has caused me to restate the source of those rights and the history of struggle to attain them."
The police must uphold the law, irrespective of their personal feelings on its correctness. Where searches are deemed to be illegal, it is the taxpayers' hard-earned dollars that are paid out in millions, by way of judicial awards.
It is, therefore, my humble view that, in light of all I have stated above, bearing in mind that this is a matter of great public interest, the honourable and proper course that the Police High Command should take is to request that the attorney general give his advice on the matter, and then commit to abide by his advice, whatever it turns out to be.
BERT S. SAMUELS
Attorney-at-law