Cleansweep accused not getting fair deal, defence lawyers say
Two defence lawyers yesterday slammed the legal system's treatment of alleged drugs offenders arrested in Operation Cleansweep.
Defence lawyer Marc Telemaque yesterday expressed his concern about the tendency by Magistrates to lump Cleansweep defendants together.
Mr. Telemaque also said he worried that those accused would not receive fair trials as the brand of Operation Cleansweep had the potential "to pollute the jury pool.'' He even proposed that the words Operation Cleansweep be "omitted from evidence'' in the trials.
Mr. Telemaque was in court representing Elroy Kelly, 21, of Ord Valley Lane in Warwick, who denied three counts of supplying, two involving cannabis and the other crack cocaine.
Mr. Telemaque said he wanted his client to be dealt with on an individual basis claiming that "whether he is part of Operation Cleansweep is irrelevant.'' "The prejudicial effects of the name may cause greater damage than we may now know,'' he added.
But Senior Magistrate Will Francis reminded Mr. Telemaque that the brand Operation Cleansweep was merely a code name for the narcotics operation.
Mr. Telemaque said the drugs crackdown was "pursued by politicians and diplomats as Bermuda's salvation'' which inflicted an immediate interpretation of guilt by the public.
And he pointed out that individuals arrested for other drugs offences had been granted bail, while that was not the case of the defendants of Operation Cleansweep.
Defence lawyer Elizabeth Christopher criticised the quality of evidence gathered against the alleged drug dealers -- including video evidence.
She said: "This country has been seriously misled regarding the quality of evidence in these cases.'' Mr. Francis remanded Kelly in custody for trial set down for two days -- September 22 and 23.