Neita

At least two prominent attorneys-at-law are questioning the legality of the actions of the police in St. James who detained 109 persons during a pre-dawn operation at a party in Montego Bay, St. James, yesterday morning.

Between 3:00 a.m. and 5:00 a.m., members of a police team reportedly went to a rooftop venue at a building on Barnett Street in Montego Bay, where 'ExactMondays' was in progress.

Rounded up

The men were rounded up, and 177 parcels of ganja, 21 knives as well as three machetes were recovered at the venue.

"We have arrested and charged two of the men for shooting and robbery committed in hot-spot areas," commented Superintendent Steve McGregor. "We can't release their names at this time as they are to face identification parades."

However, attorney K. Churchill Neita told The Gleaner yesterday that, though the police - under the law - could detain persons on reasonable suspicion or if they were involved in a criminal offence, he doubted the legality of how the Tuesday morning operation was carried out.

"My own view is that I don't think that it is within the bounds of legality to just go in and take up people indiscriminately," he said. "An operation ought to be focusing attention on somebody who they have information about or who is involved in crime. It ought to be intelligence driven."

In agreement, Public Defender Earl Witter said there was no lawful sanction of the police practice of rounding up persons for processing.

"It is quite unlawful. I repeat, the police may only arrest citizens upon reasonable suspicion of having committed a criminal offence, or by reasonably having committed a criminal offence in the presence of the arresting officer," said Mr. Witter, also an attorney.

Charge or release them

Both attorneys-at-law stressed that the police would have to charge persons detained within 48 hours or have them released.

"Many constables are equating arrests with the laying of a charge. They are distinct steps in the process of the criminal law," said Mr. Witter.

"If, without lawful justification, police raided the session and scooped 109 people up and took them anywhere for processing, or for checking them out or purportedly in search of wanted men and firearms, the citizen ought not be deprived of his/her liberty (in that circumstance)."

Up to last night, more than 64 of the detainees had been interviewed and released by the police.

The police have also indicated that the promoters of the weekly party could find themselves in trouble with the law, as they had no permission from the authorities to host the event.