The Hustle, the “Runnings”
It was just six months ago that I wrote about an issue I described as the “Enforce-ment hustle”. I am going to risk a boast today: I feel, I know myself to be an informed layman with a keen sense of observation, based on years of studying the decline of Guyanese behaviour and morals.
Re-read the latter portion of the latter sentence, if you will.
I have to repeat my strongly held views of last November: Firstly, I submit that the authorities inability to enforce laws, by-laws, regulations and rules – all enacted by a well-meaning parliament, a court of law, the Church, a school, company or club – is a major reason for, the cause of the breakdown of good, desirable social order in our society. Further, lack of enforcement, when it is terribly necessary, also contributes to the current (on-going) deterioration of legal, social and moral standards, When laws are repeatedly ignored and broken, enforcement is vital. There are times when “flexing” or mercy might be recommended but there must be enforcement first. I dare anyone to contradict or contest my contention meaningfully! I felt constrained to return to this issue because of a simple, but, to me, significant short letter in the press recently as well as an important consultation/workshop mounted by “the authorities” last week-end.
An anonymous letter writer proclaimed that “If the law is seen as a toothless tiger, it will be flouted”. My sentiments exactly, as expressed herein last November. The writer mentioned his indignation over the few successfully prosecuted after caught stealing electricity; the scores of employers who ignore payments to the National Insurance Scheme (NIS) and the contempt for noise nuisance legislation, even the flouting of court orders.
Being a graduate of the University of the Streets, I know how enforcement is compromised. Some of the guilty when caught escape enforcement by inducing a willing cop to accept a top-up to his meagre salary. Some law enforcement officers enforce the law selectively. They target innocent persons, they harass for minor mistakes whilst purposely overlooking daily violations. Senior municipal and police force authorities are not consistent about what the ranks must do routinely. There is inconsistency and uncertainty – as it affects street–vending, tinted car windows, the wearing of helmets or even obstruction on the sidewalks. Citizens are “related” to policemen in some way. The list is much longer, but you get the idea!? Compromise replaces enforcement. What a sad society.
The enforcement “Hustle”
I repeat these points, as background: Because of the goings-on, during the PNC regimes of the late sixties to 1992 – rigged elections, discrimination, sharp practices, endemic corruption – then the gradual and burgeoning executive lawlessness and structured, systematic financial mischief now extant within this administration’s watch, we have inherited a legacy of cancerous, near-terminal lawlessness, corruption and hustle. It is now a generational inheritance where the young sees how the quick dollars could be accessed. No matter the often dire consequences.
All the “Laws” remain on paper. On/in the “books”. For who will enforce them in an environment characterized by institutional crookedness and corruption? The young policeman? The city constable? The customs/GRA officer? The sanitary inspector? The food and drug official? The labour inspector? The NDC overseer?
This is not the time to denigrate our good policemen who put their lives on the line against murderous, get rich-quick criminals. Or who charge their own – and crooked government, white-collar officials. But the traffic officer who takes a raise; the city constable who allows pavement chaos for some “goods” and Customs officer who make millions through well-structured fraud, are all subverting good order and justice in this society.
The Police Commissioner asks victims to come forward to identify crooks caught; to testify in court after the good police put their lives on the line. But fear is the key. Our corruption holds sway. Either way, we the public, do not play our desirable roles enough to assist the honest enforcers. We must not litter, steal electricity or offer bribes, Oh, but the cancer has enveloped us in some way, has it not?
Knowingly, or unwittingly, we mix with and support the drug barons’ enterprises and events. My morals, your values are thus compromised. Church, family and conscience? Gone to the dogs, beyond. Discuss!
Praying for professional prosecution
In my small crime-ridden society, I will be slow, if not outright reluctant to appreciate the guidance of David Fraser, the CARICOM Legal Officer at the week-end Guyana Modernisation of Justice Administration Programme. Among wise professional things he explained was that: “That prosecutor’s role is to present fair and balanced evidence to the court – not to necessarily strive for a conviction – (But) to put the evidence before the Court so that the appropriate verdict can be made.”
Look I know that hundreds of laws exist on the books of this Westernised law-and-order society besieged by crooks. I know the magistrate and judge must follow the laws; must decide whether prosecutor or defence was either correct – or more convincing. But I want conviction, Dammit! Too many crooks walk free these days! Even when eye-witnesses saw them commit and evidence abounds. So despite Mr. Fraser’s niceties, I want the crooks convicted!
That’s why I regard that workshop, which brought together our Police Prosecutors, senior detectives and other police investigators, the Director of Public Prosecutions and her staff, veteran prosecutors and senior retired officers of the Court to be one of much hope. The interaction should be so powerfully useful. Oh but we are so blighted a place!!
Ponder…
*1) Against all the above, consider plea-bargaining. Then consider last week’s case now typical of four Canadians found with narcotics, one pleaded guilty claiming all the possession, and responsibility for the eye-pass crime. He was jailed and the other fled.
Tell me: are they now innocent? No longer guilty? You understand why professional criminals sometimes love the law? And I sometimes love community justice in Sudan, Nigeria or Thailand?
*2) Coming soon: Guyana as a colony – 1970 to 1990. Would life have been so miserable here? Before the current crises? Stand by. With your facts, your opinions and your conscience.
*3) Should I even consider such a question (as at *2)? Why not?
*4) Do you realize that our relative, under-developed backwardness at Lethem could be a national embarrassment in the face of Brazilian “co-operation”? Brazilian goodwill there (again) could compromise all the laws in the face of our realities – and needs.
*5) We all will still love Guyana – from afar. Farewell Tony V. Hail a new VCT?
‘Til Next Week!
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