Identifier
Created
Classification
Origin
08NASSAU899
2008-12-19 18:15:00
CONFIDENTIAL
Embassy Nassau
Cable title:  

DRUG CASE CHALLENGES CONSTITUTIONALITY OF BAHAMIAN

Tags:  SNAR PREL UK BF 
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TelegramC O N F I D E N T I A L NASSAU 00000899 
VZCZCXYZ0000
PP RUEHWEB

DE RUEHBH #0899 3541815
ZNY CCCCC ZZH
P 191815Z DEC 08
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC PRIORITY 5993
INFO RUEHLO/AMEMBASSY LONDON PRIORITY 0196
RUEABND/DEA HQS WASHDC PRIORITY
RUCOWCV/CCGDSEVEN MIAMI FL PRIORITY
RUEABND/DEA FIELD DIVISION MIAMI FL PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
C O N F I D E N T I A L NASSAU 000899 

E.O. 12958: DECL: 12/16/2018
TAGS: SNAR PREL UK BF
SUBJECT: DRUG CASE CHALLENGES CONSTITUTIONALITY OF BAHAMIAN
WIRE TAP LAW

Classified By: AMBASSADOR NED L. SIEGEL FOR REASONS 1.4 (B) AND (D).

C O N F I D E N T I A L NASSAU 000899

E.O. 12958: DECL: 12/16/2018
TAGS: SNAR PREL UK BF
SUBJECT: DRUG CASE CHALLENGES CONSTITUTIONALITY OF BAHAMIAN
WIRE TAP LAW

Classified By: AMBASSADOR NED L. SIEGEL FOR REASONS 1.4 (B) AND (D).


1. (C) SUMMARY: Accused drug trafficker and former fugitive
Melvin Maycock Sr. has challenged the constitutionality of
the Bahamian Listening Devices Act in an attempt to undermine
the evidence against him and to thwart attempts to extradite
him to the United States. Maycock's argument was rejected by
the Bahamian Supreme Court, however, his lawyers have stated
their intention to appeal the decision to the Court of
Appeals and, if necessary, to the Privy Council in London. A
repudiation of the Listening Devices Act would jeopardize
other extradition requests pending in Bahamian courts as well
as handicap ongoing Royal Bahamian Police Force (RBPF) and
U.S. Drug Enforcement Administration (DEA) investigations.
Convictions obtained in Bahamian courts under the current law
would also be called into question. GCOB officials are
confident the constitutionality of law will be upheld, but
they are making plans for less favorable contingencies. END
SUMMARY.


2. (C) Accused drug trafficker and former fugitive Melvin
Maycock Sr. has challenged the constitutionality of the
Bahamian Listening Devices Act in an attempt to undermine the
evidence against him and to thwart attempts to extradite him
to the United States. In addition to charges of drug
smuggling and illegal weapons possession in The Bahamas,
Maycock is wanted in connection with an April 2004 indictment
on drug smuggling charges in the Southern District of
Florida. His argument against the Listening Devices Act is
based on its lack of provisions for judicial review. Under
current law, only the recommendation of the police
commissioner and the approval of the minister for national
security are required to intercept the communications of
subjects of interest to law enforcement. In practice, the
police commissioner makes these decisions with only slight
oversight.


3. (C) Maycock's argument was rejected by the Bahamian
Supreme Court on November 18, however his lawyers have stated
their intention to appeal the decision to the Bahamian Court
of Appeals and to the Privy Council in London, if necessary.
(NOTE: The Court of Appeals is the highest court resident in
The Bahamas. Its decisions may be appealed to the Judicial
Committee of Her Majesty's Privy Council, which acts as the
court of last resort for The Bahamas. END NOTE). Though no
date has been set, GCOB officials expect the case to come
before the Court of Appeals in late January or early
February. Assuming the Supreme Court's decision is upheld,
the Privy Council could take up the case as early as the
summer of 2009.


4. (C) Though officials involved in the Maycock case have
told EMBOFF they expect the Court of Appeals and the Privy
Council to uphold the Listening Devices Act, the GCOB is
quietly drafting a new electronic surveillance law for
parliament's consideration should the current law be found
unconstitutional. Though very much in the notional stages,
the new law would include some form of judicial oversight,
possibly modeled on the U.S. Foreign Intelligence
Surveillance Act (FISA) court.


5. (C) COMMENT: While our GCOB interlocutors believe the
Listening Devices Act will be upheld, it is worth considering
the consequences of the law's invalidation. Until a new law
could be enacted, RBPF and DEA would be without their most
potent tool for investigating and tracking drug smugglers
operating in The Bahamas. Such a disruption would also
negatively impact DEA investigations outside of The Bahamas
since information obtained through Bahamian wire taps
frequently informs and guides investigations in Colombia,
Venezuela, the U.S. and elsewhere in the region. Convictions
based on evidence obtained under the current law could be
called into question and would cause further delays for the
sluggish Bahamian criminal justice system. END COMMENT.
SIEGEL