Phipps says Minister of (IN)Justice misleading public

[Lazie]

published: Thursday | March 22, 2007 <DIV class=KonaBody>


Phipps

Prominent Queen's Counsel Frank Phipps has accused Minister of Justice and Attorney-General, A.J. Nicholson, Q.C., of giving misleading statements to the public to divert fault from himself for his "unseemly haste" in extraditing two Montego Bay businessmen to the United States.

Leebert Ramcharan and Donovan 'Plucky' Williams lost their appeal on Friday afternoon and were flown out to the United States on Sunday morning. They are to face trial for conspiracy to import, possess and distribute cocaine in the U.S.

A simple call

Mr. Nicholson had said in a statement Tuesday that all the lawyers needed to do was to make a simple telephone call to him or other government officials to the effect that further proceedings were contemplated.

"It is misleading to give the impression that a telephone call to named officials was necessary to halt the minister's action when all the named persons already knew that the Attorney-General and themselves are parties to the case that is at present before the Privy Council, " Mr. Phipps said.

He said Mr. Nicholson "cannot plead ignorance of what the Attorney-General knows, which should require that further extradition should be put on hold. A Jamaican man is challenging the Extradition act before the United Kingdom Privy Council on the grounds that the act was unconstitutional. Mr. Phipps said in a statement on Monday that the minister should have awaited the outcome of that case before extraditing the men.

Two months to consider

Mr. Phipps said the minister had two months in which to consider whether he should extradite a citizen after the court proceedings were exhausted. He said it was misleading for the minister to give the impression that a lawyer could take action on behalf of his client without receiving instructions.

"It is not the first time that this Government is accused of employing "Gestapo tactics" against its citizens," Mr. Phipps said. He stressed that to send away his client Williams, without allowing him time to consult with his lawyer or speak to his family was "the use of power typical of what takes place in a totalitarian state".</DIV>

[Briggie]

RE: Phipps says Minister of (IN)Justice misleading public

Phipps is lucky that he isn't being sued for malpractice. On friday afternoon when the decision came down Phipps should have left the fancy lunch he was eating at the Terra Nova, skipped his plans to head out earlyto his country home in Ochie for the weekend and rushed to his office and prepared the application for a stay or at minimum ask the court per an emergency application for a stay whilst he prepared the full papers laying out his legal argument. It is preposterous that he is laying the blame at his adversary, who had been seeking this result for the past two to three years. His reliance upon the AG to protect his client's rights is ridiculous. What did he think he was being paid the big money for. Bottom line the AG acted in accordance with the law and Phipps failed to act in his client's best interest and is now bawling and seeking to displace his inadequacies.

[Lazie]

RE: Phipps says Minister of (IN)Justice misleading public

I think you're being unreasonable Briggie. The ruling was 2:30 Friday afternoon the man dem get shipped off Sunday morning the Injustice Minister acted in haste.

[Briggie]

RE: Phipps says Minister of (IN)Justice misleading public

After the AG's office fought for years with Phipps over this issue and Phipps exhausted the options alloed to his client's I'm sure they were in haste to get this over and done with. This sets a precedent that once an order is issued defense counsel has to move quickly to preserve any other options available to their client's. If things moved this efficiently in other sphere's of life in Ja things would be much better. Phipp's was caught off-guard but that is still not the fault of the AG.

[Lazie]

RE: Phipps says Minister of (IN)Justice misleading public

I wonder if it was someone dear to you if you would be singing the same tune? Thats one thing I've always said when injustice happen to smady a St. Thomas people inna the rest of the country couldn't careless but as soon it reach dem, dem want support. Careful bredren.

If Anti Justice Nicholson can deprive a Jamaican of his rights, why should we be upset if the American gov't did the same to any of us?

[Briggie]

RE: Phipps says Minister of (IN)Justice misleading public

Lazie you keep on saying that AJ denied the defendant's their rights which is totally incorrect. His actions may have caught Phipp's by surprise but it was totally within the right's of the government to proceed as they did. If they didn't your man bruce would have been making up plenty noise. Perhaps the Attorney General should employ a mind reader so he can tell what are the intentions of a defendant's attorney without it being disclosed to him. You can characterize AJ's action in a number of way but stating that he denied the defendant's their rights is totally inaccurate. Lazie acknowledge the truth, for only it can set you free.

[Rockman]

RE: Phipps says Minister of (IN)Justice misleading public

Considering AG isn't the one that initiated the extradition request(the USA did)what is his role in the legal proceedings?

Anyone that is extradited from Yard..... is invariably convicted.What if they were whisked off to Merika minutes after the rulings, would you have a problem with that?Also, if in lieu of going to Ochie...the necessary papers should've been filed...,then doesn't that suggest all appeal process was not exhausted, hence AG warp speed response...was premature?

Blessed