In 2017, the US Government initiated proceedings to extradite attorney Andrew Bennett. Almost 10 years later, and the case is now at the CCJ where the matter is being appealed. Bennet, and his attorneys Ed Fitzgerald and Hector Guerra are appealing the extradition request pursued by the USA and the Attorney General of Belize.
Arguments were heard yesterday in Port of Spain, Trinidad where Fitzgerald argued that evidence of WhatsApp conversations between Bennett and a confidential informant about money laundering was illegally obtained and should not be admitted.
Ed Fitzgerald, KC, Attorney for Andrew Bennett
"A WhatsApp message is prima facie a private message to the the recipient. In " this case, the recipient not only receives it acting as an agent but then extracts it. He solicits the receipt of the WhatsApp by entering into the relationship."
"He receives it and then extracts it for the purposes of prosecution. We say that that is a violation of the rights under section 9 and 14 of the Constitution. So it's a law enforcement exercise from the start."
"It's conducted by an agent of a foreign power. And our respectful submission is that you have a reasonable expectation that when you engage in a WhatsApp conversation, that WhatsApp conversation will be private."
"The law enforcement officer intends all along to use it as evidence against the person. He does so without any judicial authorization, without any legal framework within which he's operating at all, and without any clear guidance, Belize."
"Now, we say, though it did not violate an in-force statute, it did violate fundamental constitutional rights."
Samantha Matute, Deputy Solicitor General
"The appellant would be aware that the nature of what he was being asked to do was criminal in essence."
"He was being asked to launder money and he was providing that service to do so, which would be an unlawful act, not only in the United States, but also in Belize. And respectfully, we say that when you look at what is before the court in terms of the nature of the offense, we respectfully submit that it's a serious offense and it's something that the region grapples with, money laundering."
"And so because of that, there has to be that consideration, that public interest consideration, that these matters are taken seriously and that persons who are accused of engaging in these types of activities are in fact brought to justice."
The matter was heard by a full panel of 7 judges and a decision will be announced at a later date.
