Constitutional Law-Fundamental rights and freedoms-Mutual legal assistance in criminal matters-Request of foreign state for taking of evidence from witness in Jamaica-Witnesses refusing to co-operate-Application of central authority for order for witnesses to give evidence on oath-Order granted-Whether order an abuse of process-Whether order breached constitutional rights of witnesses-Rights to equitable and humane treatment-Right to be free from discrimination on political grounds-Rights to fair hearing-Right to due process-The Mutual Assistance (Criminal Matters) Act 1995, ss. 6; 9; 16; 20 (1); 20(3) 21; 25(2); 25(3)-The Mutual Assistance (Criminal Matters) (Foreign States) Order, 2007; The Charter of Fundamental Rights and Freedoms (Amendment) Act, 2011 ss, 13 (3) (H); 13 (3) (H) (I) (II); 16 (3); 19 (1); 19 (3)
Court:
Supreme Court
Catchwords:
Year:
2013
Suit/Claim number:
2011 HCV 07019
Neutral Citation:
[2013] JMFC Full Crt. 4