GIFFORD. a claim will be made in writing to the commissioner of Customs

Less than a week after it was formed to combat organised crime, Operation Kingfish is set to face its first legal battle from two Montego Bay businessmen whose boats were confiscated during a raid in western Jamaica on Sunday.

Attorney Lord Anthony Gifford, whose law firm is representing Noel King and David Chin, said a claim will be made on behalf of his clients for the return of 12 boats, a jet ski and a case of documents. The paperwork, he said, shows the ownership and origin of the boats, which were seized by the Jamaica Customs Contraband Enforcement Team (CET).

According to Lord Gifford, the items were seized under a warrant pursuant to Section 203 of the Customs Act, which authorises seizure of uncustomed and illegal imports.

He is, however, filing a claim under section 215 of the same Act on the basis that the warrant was improper. His clients' property were neither uncustomed nor illegally brought into the island, he said, and one of the boats had actually been bought from the state at a 1999 Customs auction.

"The businessmen point out that the vessels in question were either made locally, or purchased from reputable dealers, or brought into the island after proper Customs procedures, with duty paid where required by law," Lord Gifford said in press release.

A claim, he said, will be made "in writing" to the Commissioner of Customs by tomorrow. The Commissioner, the attorney said, must "either return the goods or take proceedings for their forfeiture and condemnation".

The law firm Gifford, Thompson and Bright has hinted that their clients' constitutional rights may have been breached.

"The attorneys-at-law observe that their clients reserve the right to take further proceedings for breach of their constitutional rights, and to claim appropriate damages," said the release over Lord Gifford's and Hugh Thompson's signatures.

Their clients' property were part of a batch of items seized after Operation Kingfish team members raided sections of Trelawny and St James on Sunday. In total, 28 go-fast boats, which the police suspect are used to smuggle drugs, and arms were confiscated, said the police's official information arm, the Constabulary Communication Network. There were six arrests. The equipment and weapons are to undergo forensic testing.

There is no legal argument being made by the law firm at this time, on whether or not the boats were used for any illegal activity.

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