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Proceeds of Crime Act passed

January 25, 2007

The Proceeds of Crime Act, which gives legislative power to the state to forfeit property and seize proceeds obtained through drug trafficking and money laundering, was passed by the House of Representatives on Tuesday with 55 amendments.

Debate on the far-reaching piece of legislation, however, took an unusual twist after Member of Parliament for West Central St. James, Clive Mullings, cautioned against provisions in the proposed law, which he said overturned "all the notions of jurisprudence honed over centuries". His position, however, was challenged by his Opposition colleague, Ernest Smith, who is an attorney-at-law.

Visibly Upset

Opposition Spokesman on Justice, Delroy Chuck, who was a member of the Joint Select Committee which reviewed the bill for over a year, appeared visibly upset after Mullings' presentation and was seen in an animated discussion with his colleague as he sought to explain sections of the bill.

Mullings, also an attorney, said he believed the members of the Joint Select Committee who deliberated on the bill were "well-intentioned" in their quest to draft legislation that would effectively address serious crimes affecting the country. However, he warned his parliamentary colleagues on both sides of the political divide to be cautious about provisions in the law which could breach the rights of Jamaicans.

He argued that the legislation sought to convict persons for what was deemed to be a criminal lifestyle, but the proposed law did not interpret what was a criminal lifestyle.

Mr. Mullings, who said he would not support the bill, urged members of the Senate to look "keenly at the law".

Author: Gleaner Reporter
Source: Jamaica Gleaner

 

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