Glenroy Sinclair Staff Reporter
CHURCHILL NEITA, Q.C., the attorney-at-law representing Matthews Lane strongman Donald 'Zekes' Phipps, is threatening to take legal action against the police, if they do not return his client's more than $9 million.
"I have given the police three days for them to return the money. If they do not, then I will be initiating the appropriate action," Mr. Neita told The Gleaner yesterday.
Phipps, who is scheduled to return to the Corporate Area Criminal Court today to answer charges of illegal possession of and dealing in ganja, unlawful possession of pharmaceutical items and unlawful possession of ammunition, was arrested and charged three weeks ago. He was picked up during a massive raid in the Matthews Lane area of west Kingston. The more than $9 million, US$43,000 and J$6.3 million, was found packed in two knapsack bags inside premises on Matthews Lane.
CONDUCTING INVESTIGATIONS
According to Mr. Neita, the police questioned his client about the money shortly after he was arrested. When he contacted the police again yesterday, he said they were still conducting investigations. "For them to detain such large sums of money, the police must have reasonable grounds to suspect that the money in his possession was unlawfully obtained," said Mr. Neita.
Under Section 2B of the Unlawful Possession of Property Act, the person must have in his possession or under his control, in any place, any thing including an article of agricultural produce, under such circumstances as shall reasonably cause any constable or authorised person to suspect that, that thing has been stolen or unlawfully obtained.
A part of Section 5 of the said act reads: "as soon as possible after the arrest of the suspected person, the constable or authorised person making the arrest shall bring the suspected person, together with anything found in his possession or under his control, which is reasonably suspected to have been stolen or unlawfully obtained, before a resident magistrate sitting in court."
According to attorney-at-law Wentworth Charles, the practice by the police of holding large sums of money found in people's houses is wrong, "unless they have reason to believe that such money is the proceeds of illegal activities".
He said persons who had large sums of money removed from their homes can initiate action to recover their money, including taking legal action against the police.
