Chairman of the Police Complaints Authority (PCA), former Chancellor of the Judiciary, Cecil Kennard says that the police report into the killing of Buxtonian, Donna Herod should have been sent to his office first before it went to the Director of Public Prosecutions (DPP).
Justice Kennard who was out of the jurisdiction when Herod was killed told Stabroek News on Friday that he had not seen any report from the police in connection with the case, neither did the relatives of the deceased lodge any complaint at his office. He however noted that even if the dead woman’s relatives did not lodge a complaint with his office, according to the law, after the police would have completed their investigation a report is to be forwarded to his office. The police are allowed to recommend what action should be taken in the case, although the PCA could uphold it or recommend another action. The PCA would also peruse the statements submitted by the police and along with its own investigations determine what charge is to be filed or action taken. Following the PCA’s ruling the file is then forwarded to the DPP who will make a final decision. It is unclear whether the DPP has made a final decision in the case more than two weeks after the file was sent to that office.
Commissioner of Police (ag) Henry Greene had told this newspaper two weeks ago that ballistics tests conducted on all of the police weapons used in the Buxton operation in which Donna Herod was killed, concluded that the police did not fire the fatal bullet. He also noted that the Office of Professional Responsibility of the Police Force had completed an investigation into the incident and the file was sent to the DPP for advice. Stabroek News was unable to solicit a comment from the Police Force as to why the file was not sent to the PCA first. Reports reaching this newspaper state that the OPR after completing its investigation recommended that a Coroner’s Inquest be held into the shooting to death of Herod. Relatives of the dead mother of nine are adamant that the police were responsible for the woman’s death, but the force has vehemently denied this, saying that their weapons did not kill her. Police had said in an earlier statement that ballistics tests done so far had not matched the warhead recovered from Herod’s body to shells retrieved at previous scenes involving Buxton gunmen.
Greene had told this newspaper previously that the police on the operation were heading in a different direction from where Herod was shot. He said the police were heading south in pursuit of the wanted men when they heard that someone had been shot in the other direction. He said that on hearing this, the policemen retreated, picked the woman up off the road and took her to the hospital. He also had told this newspaper previously that the most he could say was that Herod was probably shot in the crossfire. Sources have said the bullet that killed Herod could have been fired from a weapon that was not previously used by the gunmen or it could have been the police.
In a statement, police had said that ranks had crossed over the embankment going south when they came under fire and they returned fire. The statement said ranks continued moving towards the identified targets and came under fire again while giving chase behind 11 men who ran into the bushes in the backlands area.
The police said the bullet that struck her could have been fired either from an AK-47 or M-70 rifle. Both of these high-powered weapons are used by the police as well as by gunmen. Greene said the incident was very unfortunate and he had called on those who had witnessed the shooting to come forward and make a statement to the police.
Stabroek News understands that residents who witnessed the shooting gave statements to a lawyer representing the family. The death of Herod had sparked outrage in the Buxton community and several organizations and political parties had issued statements condemning the operation and called for an independent investigation to be conducted.
The Guyana Human Rights Association (GHRA) in condemning the killing of the 47-year-old mother said that the police operation in the village was ill-conceived, badly executed and poorly led. The association said the Guyana Police Force and the government need to move decisively to erase any impression that they were dissembling or evading responsibility for what it termed a bungled operation. “Nothing which has emerged thus far is encouraging,” the GHRA said.