Lawyer Hall accused of money laundering
was alleged in Supreme Court yesterday.
Solicitor General Mr. Barrie Meade said a Police investigation into alleged money laundering by Mr. Hall led to the execution of two search warrants at his Front Street law office on October 22.
But Chief Justice the Hon. Mr. Austin Ward said that he had a problem with the warrants and on what basis they were issued.
Mr. Hall, a former PLP MP, has applied to quash the warrants. Earlier, Mr.
Justice Ward ordered that items seized in the day-long search be secured at the Supreme Court until he ruled on whether the warrants and search were legal.
Mr. Robin McMillan, who represents Mr. Hall, has argued the warrants were invalid. Magistrate the Wor. John Judge, who issued the warrants, did not consider whether items sought would be subject to solicitor-client privilege, he said.
Mr. McMillan also alleged the appearance of bias by Mr. Judge. In an affidavit, Mr. Hall said he had frequently criticised Mr. Judge in public for having "a racially prejudiced and insensitive attitude.'' Yesterday, Mr. Meade said the Hall matter was "a very peculiar case,'' and the application to quash the warrants was "nothing but a smokescreen to prevent the completion of a legitimate investigation'' under the Drug Trafficking Suppression Act.
Normally, a lawyer's office might come to the attention of Police because of the conduct of a client.
But "what happens when the gamekeeper turns poacher?'' he asked. If "the lawyer himself is deliberately and with intent assisting the drug runner to hide his money by the vehicle of the company, then there is no ...privilege,'' Mr. Meade argued. "It is a conspiracy to commit crime.'' And Mr. Judge was satisfied that was the case when he issued the search warrants.
But Mr. Justice Ward said he wanted to know on what material Mr. Judge based his decision to issue the warrants. "I would expect that I would see full notes of everything that was done,'' he said. "For an application of such gravity to be dealt with in the absence of notes is of itself somewhat unusual.'' And legal privilege was attached to the client, not to the lawyer, he said.
For Police to search the file of a lawyer's client was "like putting a tape recorder in the confessional, and saying, yes, I got you, because you told the priest you stole the chicken.
"Lawyers from the nature of the businesses they operate, from time to time have to advise criminals,'' he said. "They have to listen to those people and advise them. They do not take part in the criminality.'' The court was told that Police arrived at Hall and Associates on Front Street at 8.40 a.m. and produced the warrant obtained from Mr. Judge a day earlier.
The warrant sought any material related to Elmshurst Productions and Elmshurst Products, as well as Mr. Hall's appointment books and telephone diaries from 1986 to early 1991.
In an affidavit, office financial controller Mr. Stephen Gibbons said he spoke by telephone to Mr. Hall after Police Supt. George Rose served the summons.
Mr. Hall said he did not think there were any files under the name Elmshurst, but if there were, Police could take them. He asked that they leave a record of what was taken.
Mr. Gibbons said he was surprised to quickly locate an Elmshurst file, which he gave to Police and said there was nothing else.
Police said they wanted to search the computer system for information related to Elmshurst and do "a complete search of the file room'' to assure nothing was "misfiled or put in the wrong place''.
Officers then performed a "speed scan'' of files in the file room. Mr.
Gibbons said he complained on more than one occasion when he saw officers reading unrelated files, such as one headed Larry Ebbin.
Police also searched Mr. Hall's office and an adjoining room, and the desk of his secretary, Ms Stephanie Butler, the court was told.
While other officers continued to search, Supt. Rose appeared before Mr. Judge again and obtained a second warrant. The magistrate was told that while executing the first warrant, Police had noticed other records they believed were "likely to be of substantial value'' to their investigation.
The second warrant entitled Police to search for information related to Larry Ebbin, Dexter Dillas, Rosalva Miranda, Daniel Latini, Gregory Wales, Peter Woolf, Thaddeus Ted Ming, Amulion Investments Ltd., Vulture Holdings NV, Suisse Francais Treuhand Holdings Co. Ltd., Safaris Investments Inc, Citco Curacao International Trust Co. NV, and Fulham Holdings NV.
The Chief Justice questioned why Police did not end their search after they were handed files related to Elmshurst. "That seems to be most unusual, that when you get the material you're asking for, you can still prolong the search,'' he said.
Mr. Meade said Police had a duty to search the offices. "The Police were very careful to confine their search to those aspects of the premises used for Mr.
Hall's business dealings,'' he said.
Mr. Judge was apprised of the information Police had, but public interest demanded it be kept secret, Mr. Meade said. "All of the information that you've had is all of the information that could possibly have been given to your Lordship without putting on notice the other side to the precise state of the Police investigation.'' The hearing continues today.