ANTI-CORRUPTION STRATEGY: DIRECTOR OF PUBLIC

UNCLAS KINGSTON 000389 SIPDIS SENSITIVE SIPDIS STATE FOR INL/LP (BOZZOLO),INL/C (KOHN) AND WHA/CAR (BUDDEN) TREASURY FOR OTA (BORAKOVE) JUSTICE FOR OPDAT (LIPMAN) E.O. 12958: N/A TAGS: KJUS SNAR KCOR JM SUBJECT: ANTI-CORRUPTION STRATEGY: DIRECTOR OF PUBLIC PROSECUTIONS ¶1. (U) Begin Summary: On March 8, Acting Narcotics Affairs Director (NASDIR) met with Kent Pantry, Jamaica's Director of Public Prosecutions (DPP),principally to acquaint him with the embassy's interest in assisting the Government of Jamaica to fight official corruption. NASDIR also wanted to get a better understanding of the operations of the DPP's office, as well as the DPP's position with regard to potential interagency training on financial crime. NASDIR took the opportunity to get an update on the status of the Plea Bargaining Act and the Witness Protection Program. End Summary ¶2. (U) The conversation began with NASDIR's statement that the embassy wanted to focus on helping the GOJ to more effectively crack down on government corruption. In particular, NAS and others may be able to assist GOJ entities that are key to this effort to improve their investigative capacities. NASDIR said it would be important for such entities to present solid cases to the DPP for timely prosecution. Without duplicating anything that may be provided in future to the DDP's office under the Canadian Justice Sector Improvement Project, Pantry was asked if he needed assistance in the near term that we could consider. He responded by saying his office was at that moment installing software for their new case tracking system. However, they would need six lap top computers for prosecutors who routinely attend to circuit court work which requires travel outside of Kingston for at least three weeks. The lap tops would enable them to access information and enhance their case preparations and presentations. ¶3. (U) In addition, the DPP said he was always interested in training. He said his office loses an average of five prosecutors a year (there are a total of 38 including himself). Currently, there are ten new people. He assigns the prosecutors to special functions such as extradition, money laundering, and anti-corruption, but he also rotates them back to general work after two years, ideally. There is a Financial Crimes Unit within his office and the Financial Investigations Division lets him know when slots are available to include prosecutors in training opportunities. Pantry particularly requested training in the areas of money laundering, mutual legal assistance, intellectual property rights, trafficking in person, extradition and corruption. ¶4. (SBU) Asked if he was comfortable with prosecutors participating in courses aimed at an interagency group, he indicated he had no problem with that as long as the courses had a legal component to make it relevant to prosecutors. He noted that judges in Jamaica are "particular" about participating in mixed training because they view themselves as "apart" (read "above") from others in government. But, Pantry said he could not assign prosecutors to physically become part of task forces. He continued that prosecutors are made available to consult with task forces or others, but he does not want them directly involved in investigations or operations which might result in prosecutors being called to testify as witnesses in court cases. According to the DPP, the Constitution prohibits a direct role by prosecutors. He also noted that change was possible if the GOJ decides it wants to so amend the Constitution. In that regard, he said there is some talk of an amendment to place the DPP's office under the Minister of Justice as was done in the UK (currently the DPP is independent from any ministry). 5.(U) On the status of the Plea Bargaining Act, Panty advised that both houses passed it and the Governor General signed it last year. However, it has not become law. It is sitting with the Ministry of Justice's Legal Reform office, which is supposed to draft implementing regulations. Until that is completed, the Minister cannot set the date when the law goes into effect. That date is published in the Gazette. 6.(SBU) Having noted that a problem inhibiting prosecutions of sensitive cases often involves intimidation or killing of witnesses, NASDIR asked the status of the Witness Protection Program. Pantry explained that it is difficult for the program to operate effectively. One problem is that the government is supposed to protect the witness and his/her immediate family. In Jamaica, that means protecting nearly 40 people in each case. The reason for the high number is the practice of males who tend to have multiple "baby mothers" with whom they have children. So, all of the children and the girlfriends must be protected. It is an expensive and difficult undertaking. Another problem is that when witnesses are relocated, employment must be found for them in their field. If the person had been the principal of school, a similar job would need to be found. In an island environment, it would be difficult to hide the identity of such a person in that profession. Finally, there was the problem of determining how long the person must remain in the program. ¶7. (U) Conclusion: NAS will try to respond to some of the DPP's assistance requests. A course is currently being designed to provide training regarding financial crime. As long as there is a role for prosecutors, the DPP's office should be included. Apart from that, the embassy is open to suggestions on other areas of requested training. JOHNSON