Dawn Satterswaite and 2 others (Respondents) v Bobbette Smalling (Appellant) (Jamaica)
Case ID: JCPC 2020/0030
Jurisdiction: Court of Appeal of Jamaica
Case summary
Issue
Whether certain items seized pursuant to a warrant from the premises of the First Respondent, an attorney-at-law, were outside the scope of the warrant or covered by legal professional privilege (LPP), such that their unsealing and examination by Jamaica’s Major Organised Crime and Anti-Corruption Agency (MOCA) should not have been permitted and/or whether only information and material arising after 30 May 2007 could lawfully be subject to a search and seizure warrant under the Jamaican Proceeds of Crime Act 2007.
Facts
The Appellant is a police officer working within MOCA and involved in a joint investigation between that agency and US authorities in connection with money laundering by an individual named Andrew Hamilton. The First Respondent was Mr Hamilton’s attorney-at-law while the Second and Third Respondents are his sisters. Each of the three (and others) were alleged to have been involved in the Jamaican side of Mr Hamilton’s money laundering activities. A search and seizure warrant was obtained for and executed upon specified premises the Respondent’s home and business premises. The First Respondent asserted that items seized were covered by LPP, so all of the material was bagged and sealed.
The Respondents further argued that a search and seizure warrant issued under the Jamaican Proceeds of Crime Act 2007 could not lawfully be made in respect of information or material arising prior to 30 May 2007. In due course, an order was sought before Straw J for the court to examine the material, determining what fell within the scope of the warrant and what nonetheless was not to be examined by MOCA due to its being covered by LPP. Straw J made the orders sought, but the Respondent appealed and was successful in arguing that certain material should be immediately returned as it could not pertain to “criminal conduct” within the meaning of the Proceeds of Crime Act 2007 (POCA). The Appellant seeks leave to appeal to the Board from that decision.
Parties
Appellant(s)
Bobette Smalling
Respondent(s)
Dawn Satterswaite
Appeal
Justices
Lord Hodge, Lord Briggs, Lord Hamblen, Lord Burrows, Lord Stephens
Hearing start date
21 June 2022
Hearing finish date
21 June 2022
| Watch hearing | ||
|---|---|---|
| 21 Jun 2022 | Morning session | Afternoon session |
Judgment details
Judgment date
17 November 2022
Neutral citation
[2022] UKPC 44