Investigation into Lyn suspects lawyer debate
December 29, 2006
Executive Director of the Legal Aid Council, Glen Cruickshank, Q.C., said yesterday he would be investigating the circumstances which left two suspects, in the disappearance of Mandeville couple Richard and Julia Lyn, without legal representation for almost two weeks.
"I am trying to get to the bottom of it," Mr. Cruickshank told The Gleaner yesterday.
The two suspects, Kevin Powell and Lennox Swaby, were held on December 16, along with Swaby's mother June White, but did not retain legal counsel until Tuesday.
A disagreement has developed between Assistant Commissioner of Police Les Green and a group of Mandeville lawyers over the police claim that lawyers from the parish appeared "reluctant" to represent the suspects.
Mandeville lawyers not contacted
The Mandeville lawyers have complained that they were not contacted and, therefore, had been unfairly accused of disregarding their obligation.
The elderly couple went missing from their home in Manchester on December 10
Mr. Cruickshank, in giving an address at a function put on by the Phillippo Baptist Church Legal Aid Clinic earlier this month, said the council had received frequent calls from parents, relatives and friends of persons in custody, who claimed the police had been reluctant to call lawyers to represent them.
Mr. Cruickshank said although the Police High Command had issued a directive on the matter in the form of what was known as a Force Order, there were still problems with legal representation during detentions. He said legal representation at the early stage of detention was a most important service as, in most cases when persons are placed in custody without the benefit of legal advice, they are taken advantage of or sometimes incriminate themselves out of fear or ignorance.
Mr. Cruickshank said the absence of a lawyer from the initial stage could cause police officers who were overzealous to forget their training.
Author: Barbara Gayle
Source: Jamaica Gleaner
