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