VZCZCXYZ0022
RR RUEHWEB

DE RUEHKG #0389/01 0791924
ZNR UUUUU ZZH
R 201924Z MAR 07
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC 4504
INFO RUEATRS/DEPT OF TREASURY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS KINGSTON 000389 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR INL/LP (BOZZOLO), INL/C (KOHN) AND WHA/CAR 
(BUDDEN) 
TREASURY FOR OTA (BORAKOVE) 
JUSTICE FOR OPDAT (LIPMAN) 
 
E.O. 12958: N/A 
TAGS: KJUS SNAR KCOR JM
SUBJECT: ANTI-CORRUPTION STRATEGY: DIRECTOR OF PUBLIC 
PROSECUTIONS 
 
 
¶1. (U) Begin Summary: On March 8, Acting Narcotics Affairs 
Director (NASDIR) met with Kent Pantry, Jamaica's Director of 
Public Prosecutions (DPP), principally to acquaint him with 
the embassy's interest in assisting the Government of Jamaica 
to fight official corruption. NASDIR also wanted to get a 
better understanding of the operations of the DPP's office, 
as well as the DPP's position with regard to potential 
interagency training on financial crime.  NASDIR took the 
opportunity to get an update on the status of the Plea 
Bargaining Act and the Witness Protection Program.  End 
Summary 
 
¶2. (U)  The conversation began with NASDIR's statement that 
the embassy wanted to focus on helping the GOJ to more 
effectively crack down on government corruption.  In 
particular, NAS and others may be able to assist GOJ entities 
that are key to this effort to improve their investigative 
capacities.  NASDIR said it would be important for such 
entities to present solid cases to the DPP for timely 
prosecution.  Without duplicating anything that may be 
provided in future to the DDP's office under the Canadian 
Justice Sector Improvement Project, Pantry was asked if he 
needed assistance in the near term that we could consider. 
He responded by saying his office was at that moment 
installing software for their new case tracking system. 
However, they would need six lap top computers for 
prosecutors who routinely attend to circuit court work which 
requires travel outside of Kingston for at least three weeks. 
 The lap tops would enable them to access information and 
enhance their case preparations and presentations. 
 
¶3. (U) In addition, the DPP said he was always interested in 
training.  He said his office loses an average of five 
prosecutors a year (there are a total of 38 including 
himself). Currently, there are ten new people.  He assigns 
the prosecutors to special functions such as  extradition, 
money laundering, and anti-corruption, but he also rotates 
them back to general work after two years, ideally.  There is 
a Financial Crimes Unit within his office and the Financial 
Investigations Division lets him know when slots are 
available to include prosecutors in training opportunities. 
Pantry particularly requested training in the areas of money 
laundering, mutual legal assistance, intellectual property 
rights, trafficking in person, extradition and corruption. 
 
¶4. (SBU)  Asked if he was comfortable with prosecutors 
participating in courses aimed at an interagency group, he 
indicated he had no problem with that as long as the courses 
had a legal component to make it relevant to prosecutors.  He 
noted that judges in Jamaica are "particular" about 
participating in mixed training because they view themselves 
as "apart" (read "above") from others in government.  But, 
Pantry said he could not assign prosecutors to physically 
become part of task forces.  He continued that prosecutors 
are made available to consult with task forces or others, but 
he does not want them directly involved in investigations or 
operations which might result in prosecutors being called to 
testify as witnesses in court cases.  According to the DPP, 
the Constitution prohibits a direct role by prosecutors. He 
also noted that change was possible if the GOJ decides it 
wants to so amend the Constitution.  In that regard, he said 
there is some talk of an amendment to place the DPP's office 
under the Minister of Justice as was done in the UK 
(currently the DPP is independent from any ministry). 
 
5.(U) On the status of the Plea Bargaining Act, Panty advised 
that both houses passed it and the Governor General signed it 
last year.  However, it has not become law.  It is sitting 
with the Ministry of Justice's Legal Reform office, which is 
supposed to draft implementing regulations. Until that is 
completed, the Minister cannot set the date when the law goes 
into effect.  That date is published in the Gazette. 
 
6.(SBU)  Having noted that a problem inhibiting prosecutions 
of sensitive cases often involves intimidation or killing of 
witnesses, NASDIR asked the status of the Witness Protection 
Program.  Pantry explained that it is difficult for the 
program to operate effectively.  One problem is that the 
government is supposed to protect the witness and his/her 
immediate family.  In Jamaica, that means protecting nearly 
40 people in each case.  The reason for the high number is 
the practice of males who tend to have multiple "baby 
mothers" with whom they have children.  So, all of the 
children and the girlfriends must be protected.  It is an 
expensive and difficult undertaking.  Another problem is that 
 
when witnesses are relocated, employment must be found for 
them in their field.  If the person had been the principal of 
school, a similar job would need to be found.  In an island 
environment, it would be difficult to hide the identity of 
such a person in that profession.  Finally, there was the 
problem of determining how long the person must remain in the 
program. 
 
¶7. (U)  Conclusion: NAS will try to respond to some of the 
DPP's assistance requests.  A course is currently being 
designed to provide training regarding financial crime.  As 
long as there is a role for prosecutors, the DPP's office 
should be included.  Apart from that, the embassy is open to 
suggestions on other areas of requested training. 
 
JOHNSON