20469: Esser: Haitian bodyguard's lawyer fumes at treatment (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: D. Esser torx@joimail.com

The Star
http://www.thestar.com

Mar. 16, 2004

Haitian bodyguard's lawyer fumes at treatment
CANADIAN PRESS

A senior Haitian security official wanted on drug charges in the
United States made a brief court appearance today as his lawyer fumed
about the way the case has been handled.

Oriel Jean has never been charged with anything before and the United
States is using "trumped up" charges to try to "pump" him for
information, said defence lawyer Guidy Mamann.

Mamann speculated American officials are digging for dirt on the
former Haitian government of Jean Bertrand Aristide.

"The Americans have a vital interest in knowing everything they can
know about former president Aristide," Mamann said in an interview
from his Toronto office.

"Basically if they have evidence (against Jean), they're not sharing
it."

Jean was once head of security to the ousted Haitian president and
worked for Haiti's government for a dozen years.

He was detained when he arrived in Toronto for a visit last week and
was handed over to the RCMP on Monday pending the outcome of the
extradition process.

The U.S. Drug Enforcement Agency said if extradition is successful,
Jean would be taken to Fort Lauderdale, Fla., to face the charge, but
American authorities had little other comment when contacted Tuesday.

"We have a warrant in the U.S. for him and we have obtained a
provisional arrest warrant for his extradition, that's all I can tell
you," said Rusty Payne, a spokesman for the agency in Washington.

The U.S. Attorney's office in Florida did not return phone calls
Tuesday.

Mamann also demanded answers from the Canadian government about his
client's treatment.

Jean was denied legal counsel for two days last week and he was
interrogated by a U.S. drug enforcement agent without a lawyer
present, said Mamann.

"That is what is frightening," said Mamann, who added jail officials
had never denied him access to a client during his 17 years as a
lawyer.

Jean was detained last Wednesday and should have had an immigration
hearing by Friday morning, said Mamann. Instead, lawyers weren't
allowed to see him Friday or Saturday, he said.

Jean has been made aware of his right to remain silent, but Mamann
expressed concern Tuesday that his client might be interrogated
without legal counsel.

"When you are surrounded by beefy RCMP agencies, representatives of
foreign governments and they're threatening you . . . it's very, very
intimidating," said Mamann.

"I want to know who was it that told (the jail) not to allow him
access to his lawyer and to deny his lawyer access to him," said
Mamann.

Allowing U.S. authorities to question Jean is normal procedure, said
Deputy Prime Minister Anne McLellan, who is also responsible for
public safety.

Canadian authorities are often allowed to interrogate individuals in
American custody and can seek the extradition, she added.

"It works both ways," McLellan said Tuesday in Edmonton. ``There's
nothing unusual about that at all. That's how our criminal justice
system operates."

McLellan refused to comment on the specifics of the case, but she
said Jean would be treated fairly.

"Clearly there are issues in relation to this gentleman's
activities," she said. "Those will be pursued and they will be
pursued in a way that is respectful of due process."

A Toronto judge adjourned the extradition matter until March 23 so
his lawyers could have more time to prepare their case.

Meanwhile, two Russian-built cargo planes were to deliver vehicles
and supplies to Canadian troops already in Haiti, then return to CFB
Gagetown in New Brunswick to pick up 170 more soldiers, who were
expected to arrive in Haiti on Wednesday.

Also on Tuesday, the Quebec government announced $1 million in
humanitarian aid for Haiti, noting that thousands of Haitians now
make the province their home.

The money will be spread over two years and is on top of $50,000 the
province has already given the strife-torn country.
.