Private lawyers kicked out of Tribunal hearings

A dispute is brewing in the legal fraternity regarding the hearing of cases brought before the Emergency Powers Review Tribunal which commenced sittings Wednesday.

The Jamaican Bar Association is taking issue with the position taken by personnel from the Solicitor-General's Office that private lawyers who are not involved in the cases should not be permitted to attend hearings.

The Association has written to Solicitor-General Douglas Leys expressing shock and disagreement.

In the letter dated June 30, President of the Association, Jacqueline Samuels Brown said a representative of the Solicitor-General's Office indicated that attorneys not representing specific clients should not attend the tribunal hearings which are being held in camera.

An in camera hearing means that members of the public are not allowed to observe the proceedings.   

However, Mrs. Samuels Brown is insisting that it has long been established that attorneys as officers of the court can attend in camera hearings.                                         

The Association has declared that barring a specific ruling it will assert the right of its members to attend the Review Tribunal hearings.

The Tribunal, which is hearing objections from persons who have been detained since the State of Emergency was declared more than a month ago, is scheduled to continue sittings at 10 o'clock on Thursday morning.

It is scheduled to deal with four more cases.

And human rights lobby group Jamaicans for Justice is supporting the stance being taken by the Jamaican Bar Association.

Executive Director, Dr. Carolyn Gomes, says the group maintains that the Tribunal's hearings should not be held in camera.

Dr. Gomes believes this will ensure that cases are handled in a transparent manner.

“Yes we are very concerned and support the Bar Association on this. We must support the Bar Association calling for an end to in camera hearings where not even attorneys unless you actually represent the person can sit in. we go from bizarre to bizarre and from acceptable to unacceptable. Why are we holding these hearings in camera, what are we hiding?” Dr. Gomes said.