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Jun 4, 2019

Was Communications Intercept on Andrew Bennett Done Unlawfully?

Richard 'Dickie' Bradley

According to Bradley, the issue of Bennett’s constitutional rights will be heard in the Supreme Court.

 

Richard ‘Dickie’ Bradley, Attorney-at-law

“From what the lawyers have said to the Chief Magistrate, one of that violation has to do with Mr. Bennett‘s correspondence, his communications.  Apparently there are lots of information on WhatsApp between Mr. Bennett and an agent of the United States of America, either drug enforcement or money laundering or whatever, but that you can only use information from a person‘s telephone or text or any form of communication in accordance with the law of Belize, which is contained in the Interceptions of Communications Act.  Can’t just bruk eena wahn man phone and seh aha, look ya, or whatever it is.  There is a procedure to get into phones. In fact, I am glad I am in front of you.  The police like grab dehn lee bwai and take dehn phone and start to di go ina it or keep it for a week or two weeks and take out all information. All of that is illegal.  You can only go into a person’s telephone by getting an order from the Supreme Court in which an application has to be made and reasons have to be given and the court will make and order to B.T.L. or to Smart to allow the police or the authorities to look into a person’s phone records.  Yo cyant just go grab people phone and go look een deh and got it fi three or four weeks and go mek list and all kinda thing.  In this case they are saying, the American agents want to use communication information against Mr. Bennett and that they may have obtained that information in violation of the law and that the law only allows a certain procedure but that that law is also a part of the constitutional right to privacy and to the protection of your correspondents.  So that is a violation of one’s constitutional rights that citizens, including Mr. Bennett, has.  And so the lawyers are saying, “Chief Magistrate do not proceed with this extradition hearing because a constitutional is involved at this early stage and we wish for the Supreme Court to clear that up before we proceed, because if the Supreme Court strikes it down and the evidence or the information is based solely on what was happening with the WhatsApp communications, the extradition case could very well fall apart.”


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