INDECOM wins court case to execute search warrant at Up Park Camp
Published:Monday | July 30, 2018 | 6:07 PM
Livern Barrett, Senior Gleaner Writer
The Supreme Court has given the Independent Commission of Investigations (INDECOM) the green light to execute a search warrant at the Jamaica Defence Force (JDF) headquarters at Up Park Camp in St Andrew as part of its probe into the May 2010 police-military operations in west Kingston.
In a 2-1 majority decision handed down today, the Supreme Court refused an application by the JDF to quash the search warrant that was obtained by INDECOM in January 2016.
It was one of 14 orders handed down by the Full Court comprising Justices Courtney Daye, Sharon George, and Carol Lawrence-Beswick.
The Court also rejected an application by the JDF to quash notices that were served on key military personnel to give statements about their roles in the 2010 operations.
“An order of prohibition to prohibit INDECOM from commencing a search [of Up Park Camp] is refused,” the panel ruled.
Lawrence-Beswick wrote the dissenting voice in both cases.
The court also refused the JDF’s application for a declaration that its members are restricted from providing evidence under oath which reveals information in breach of the Official Secrets Act.
The sole victory for the JDF was the unanimous decision to block INDECOM from gaining access to the operational orders that guided the west Kingston incursion.
“A declaration that information relating only to the operational orders requested in the [INDECOM] warrant set out in the certificate of the Minister of National Security dated January 13, 2016, is protected by Public Interest Immunity is granted unanimously,” the judges ruled.
More than 60 civilians and one member of the JDF was killed in the operation aimed at capturing drug lord Christopher ‘Dudus’ Coke, who was wanted on an extradition warrant.
At the time, Coke was wanted in the United States on drugs and firearm charges.
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