No laptop ban

Commissioner of Corrections Brigadier Radgh Mason has insisted that lawyers have not been barred from entering correctional facilities with electronic devices and says notices will be posted to ensure attorneys are allowed access to consult with their clients.

He made the statement while addressing the Home Circuit Court after being invited by Justice Dale Palmer to respond to concerns raised by defence attorneys about alleged restrictions on lawyers taking laptops and tablets into correctional facilities.

Mason said that, following meetings with stakeholders, including the Jamaican Bar Association and the Office of the Chief Justice, correspondence was issued to the relevant bodies in early March, clearly outlining the Department of Correctional Services’ position.

“The correspondence would have made it very clear that all our superintendents were given clear directives verbally and in writing that it is the constitutional right of inmates to receive legal counsel and, as such, there should be no fettering or hindrance to legal counsel providing representation to their clients,” he said.

Furthermore, he said that to prevent future difficulties, systems were put in place to allow direct communication between attorneys and the superintendents of correctional facilities by telephone and email. He added that, under the Corrections Act, an assistant superintendent is the lowest-ranked officer authorised to handle such matters.

According to the commissioner, since the directives were issued, he has received no formal complaints of lawyers being denied entry with their electronic devices.

“When the issue was brought to my attention, enquiries were made, including checks of entry registers and CCTV footage,” Mason said, adding that those reviews did not support claims that attorneys were barred from entering facilities with their devices.

He acknowledged recalling informal concerns from two attorneys but stated that no official reports had been lodged with his office.

Mason also promised to post notices at correctional facilities, while acknowledging that this would ensure frontline staff are aware that attorneys are permitted to enter with approved electronic devices, without the need to seek clearance from specific officers who may be off duty.

The issue resurfaced during the anti-gang trial involving alleged Clansman Gang leader Tesha Miller and 25 co-defendants, after defence attorney John Clarke and other lawyers complained to the court that some inmates were unable to view statements and other material because lawyers were allegedly prohibited from taking electronic devices into prisons. He also argued that, based on the volume and format of the disclosure, printing would not be practical.

Prosecutors in the matter had applied for a six-month adjournment, which was rejected earlier this week by Justice Dale Palmer.

The trial involves allegations that Miller and the other accused were members of the Clansman Gang and engaged in a range of criminal activities in St Catherine between 2017 and 2022, including murder, attempted murder, robbery with aggravation, and illegal possession of firearms.

In the meantime, lead prosecutor in the matter, Deputy Director of Public Prosecutions Janek Forbes, informed the court that the Communication, Forensics and Cybercrime Division has promised to have the outstanding reports ready in six weeks, while the DNA analysis process will take 16 weeks. In addition, a peer review process upon completion of the analysis will take another two to three weeks.

Forbes also informed the court that since the last hearing on Monday, he has received several statements relating to expert witnesses and scene of crime officers.

In the meantime, he expressed the Crown’s willingness to agree to statements with the defence and indicated that the prosecution is open to meeting with defence counsel individually to go through the material and discuss possible agreements.

He also encouraged defence lawyers to bring to the Crown’s attention any material they wish to discuss for possible agreement.

The matter will again be mentioned on Monday for the judge to decide the length of the adjournment and the new starting date of the trial.

The accused, all of whom appeared via Zoom, except for Dr Paul Robinson, whose bail was extended, were remanded.

Prosecutors allege that the accused were members of the Clansman Gang and engaged in multiple criminal acts in St Catherine between August 2017 and August 2022.

The charges include murder, conspiracy to murder, attempted murder, robbery with aggravation, illegal possession of firearms, and illegal possession of ammunition.

tanesha.mundle@gleanerjm.com