The Police Complaints Authority (PCA) has concluded that the evidence is not clear as to who inflicted injuries on James Nelson, who was discovered dead in the Brickdam Police Station lock-ups last month and while recommending that an inquest be held, the ultimate decision will rest with the Director of Public Prosecutions (DPP).
The PCA completed its report last week and that along with the file was sent to the DPP for advice.
In the meantime, the man’s widow remains convinced that Nelson was a victim of police brutality which resulted in a ruptured spleen among other serious injuries that caused his death.
A source close to the PCA recently told Stabroek News that the persons who were in the cell with Nelson, said in their statements that they did not see anyone inflicting injuries on him.
It was pointed out that when the man was arrested inside the Ministry of Home Affairs compound, a police officer threw him on the ground and he may have sustained some injuries at this point.
The source said there was evidence, according to the statements submitted by the other detainees, that Nelson was misbehaving while in the lock-ups and at some point his cellmates requested that he be removed.
“The evidence is not clear as to who inflicted the injuries….There is no evidence that the injuries were inflicted by the police,” the source said.
Further, Stabroek News was told that after reviewing the police’s file on the matter, the PCA suggested that an inquest be held as is the case with all unnatural deaths where there is no clear- cut evidence as to who is responsible.
While noting that an inquest ought to help in pointing out the perpetrator(s), the source said “the ultimate decision is in the hands of the DPP to determine whether an inquest should be held or anyone should be charged”.
Nelson, 47, called ‘Jimmy,’ of Stanleytown, West Bank Demerara, was found dead in a cell at the lock-ups on October 31.
Acting Commissioner Henry Greene recently told this newspaper that the policeman, who was held one week after the man’s death, was released from custody pending the outcome of the investigation.
The police launched an investigation to determine what had transpired and several officers were questioned.
Nelson’s son, who was the first to see the body, told relatives that the man’s face and hands were swollen. In addition, there were marks on his hand and a gaping wound to the back of the head.
Police initially said that according to the information they received, Nelson had been banging his head on the wall of the lock-ups. However, relatives disputed that the man could have done this and pointed out that that did not account for the wounds he had.
The police said Nelson was arrested a day earlier after he entered the compound of the Ministry of Home Affairs and began behaving disorderly, allegedly over money owed to him by a contractor who had sent him off the job. He was spoken to by a Special Constabulary officer on duty but continued to behave in a disorderly manner and had to be restrained. The rank subsequently arrested him and handed him over to a police patrol that had been summoned. He was placed in a cell with 20 others but was discovered dead the following morning with a bruise over the right eye and a small cut over the left eye.
Still grieving
While stressing that she and the couple’s 15-year-old son are still affected by the situation, Gloria Nelson told Stabroek News that she doesn’t know where or who to turn to. She said there was no doubt in her mind that the police were responsible for his death. “I know that he died as a result of police brutality. They [the police] never contacted me and I never contacted them. I was never faced with a situation like this and I just don’t know what to do,” she said, grief evident in her voice.
The woman told this newspaper that her son, the youngest of Nelson’s three children, is still asking her questions and he is afraid to sleep in his own room. She recalled that following the funeral, the boy could not sleep alone.
She explained that every day she remembers him and whenever her son is alone he just remembers his father and it is unbearable. She said too that though she and Nelson were separated the manner in which he died has affected her a lot because they “still had a good, friendly relationship and were still in close contact.”
Recalling her husband, she said that although he suffered bouts of mental illness, he would return to his normal state within a week once he got his treatment. She said she did not believe that anything would come out of the matter because of the police’s attitude. “I observed that after this thing happen, the police were covering for themselves…. A boy who was in the cell said that when they brought him late that day he was almost dead,” she said.
Gloria said that though Nelson would “talk up” when he was having mental episodes, he was not a violent person. She pointed out that the ranks, after arresting him, secured him in handcuffs “so he wasn’t no threat to them.”