The outcome of the Commission of Inquiry (COI) into the July 18, 2012 Linden protestors’ shooting will be based solely on the evidence provided, Chairman and former Chief Justice of Jamaica Lensley Wolfe said yesterday.
“We, as commissioners, we are not going to prejudge any situation. We will make our decision based upon the evidence and the evidence alone,” Wolfe told a press conference that was held to give an update on the work of the commission, which will inquire and report on the circumstances surrounding the shooting to death of Allan Lewis, Ron Somerset, Shemroy Bouyea and the injury of several others at the Mackenzie-Wismar Bridge.
The commission is made up of Wolfe, Senior Counsel K.D Knight, both of Jamaica, Senior Counsel Dana Seetahal of Trinidad and Tobago and Justice of Appeal Claudette Singh and former Chancellor of the Judiciary Cecil Kennard of Guyana. Kennard, who is out of the country on annual vacation, is expected to be sworn-in soon after his return to the country next week, with the others having been sworn-in on Wednesday by President Donald Ramotar.
Attorney Ronald Burch-Smith was yesterday identified as the Secretary to the Commission of Inquiry, with attorneys Euclin Gomes and Ganesh Hira as the legal counsel and engineer Hugh Denbow as the administrator.
Specifically, the inquiry will look at which unit was deployed at the scene at the bridge and what was its composition and at its training, individually and collectively, in preparation for the crowd control operation. It will also determine whether the fatal shootings were committed by the police deployed on the bridge and, if so, who gave the order to fire and whether the police had justification for the use of lethal force at the scene.
The instructions given to the detachment as well any instructions that may have been given by the Home Affairs Minister to the police force to maintain law and order in Linden immediately before, during and immediately after the events on July 18, form part of the terms of the inquiry as well.
Apart from the shooting, the commission’s mandate includes inquiring into the nature of the violence and destruction and its perpetrators that immediately followed the July 18 shooting. Further, it is to make recommendations to assist the Guyana Police Force in “effectively and professionally discharging their responsibilities for the maintenance of law and order” in Linden and other communities without endangering their own safety and that of innocent persons. They also include making recommendations for compensation where necessary for injury, loss or damage as a consequence of the events of July 18.
The police force was criticised for the use of force after ranks opened fire on residents protesting near the bridge, despite its claims that they were provoked.
Evidence
Wolfe, when asked if the commissioners have already been exposed to reports from Linden and how it could influence their work, said that they were not yet in possession of any statements in relation shootings. Even if they were, he added, they will not at influence their decision at this stage. “Our decision will be influenced by the evidence on oath or affirmation by witnesses,” he emphasised.
Any person who has knowledge of what took place at the time of the shootings can give a statement and based on an examination of the submission the commissioners would collectively decide whether such a person is invited to testify at the inquiry’s public hearings. The hearings will be opened to the public, including the media, although the commission will cater for situations where evidence may have to be taken in-camera, in which circumstances the public and media will be excluded.
According to Wolfe, the Minister of Home Affairs Clement Rohee, the acting Commissioner of Police Leroy Brumell and ranks who were on the ground at the time of the shooting will be called to testify, only if the commissioners are of the view that such persons can assist in the resolution of the issues which the commission must decide. Asked if Rohee will be asked to step down during the life of the commission, as the inquiry is to look at what specific instructions he may have given in relation to Linden, Wolfe maintained that it is not a decision for the commission. “That would be an internal decision. The Ministry of Home Affairs of the Cabinet will have to make that decision,” he said.
Further pressed about how the commission would guard against potential interference with evidence, Wolfe said that they are relying on the integrity of the persons in office. “If there is any hanky-panky, then evidence will have to be adduced before us to say this is happening and that is happening. Unless it is brought to our attention, there is nothing we can do about it. When it is brought and if it is brought then we and decide what steps ought to be taken,” he added.
Seetahal also noted that there will be counsel present for the interested parties and witnesses will be cross-examined. She said that if a witness may seek to hide or misrepresent matters and might contradict what other witnesses said, the commissioners would embark on a fact-finding mission to determine what is true and what is not. Singh also noted that the commissioners will be free to ask questions as well, in order to arrive at the truth.
Information from websites or the internet will not be used by the commission because that would be considered “hearsay evidence,” Wolfe also said, explaining that a witness will have to make reference to this and the person who did the actual collection of that evidence would have to be the person to come and testify in relation to it. “Nobody who is at home viewing it would be allowed to give evidence,” he added.
Addressing compensation for injury, loss or damage, Wolfe also said that it would be based on the evidence will have to be adduced to see what is the extent of the damage suffered. It was noted that those persons who suffered an injury as a result of the shooting will be represented by a counsel, who would present various legal arguments which will guide the commissioners in their decision regarding compensation.
Although government has said it hopes the commission’s work could be wrapped up in a month, Wolfe said that the sitting of the commission may not be continuous, while noting that they may be conducted for two or three weeks and then there will be a break before there is resumption. The commission is also expected to visit Linden as needs be. Reporters were told that visits to other regions would be based on the relevance of evidence presented.
Wolfe was also asked about compensation for serving on the commission but he said that that issue was irrelevant at the moment. Knight, who has severed on at least five commissions over the years, added that the question is a matter for the political directorate at the appropriate time.
Rules
Meanwhile, Burch-Smith yesterday said following Wednesday’s swearing in ceremony, the commissioners met to commence the deliberations on the Rules of Procedure that are to be adopted by the commission, subject to the Commission of Inquiry Act.
He said that it is expected that once Kennard becomes available, those rules would be finalised and made public through the media. Among the things expected in the rules, he explained, will be how the inquiry would be conducted and the provisions for how persons who may have information of relevance to the commission should communicate this. To this end, within the next few days, Burch-Smith said, the commission will be issuing advertisements that set out the locations for persons to deliver statements that they wish to be considered. He said that it is expected that there will be persons who will be unable to prepare statements on their own and that the commission’s legal counsel will available in Georgetown to help them.
Burch-Smith also revealed that there is a plan to set up “a branch office” in Linden, where on specified days the commission will be present to assist persons who have information to write their statements. It was noted that it is expected that the information in the statements will have some relevance to the Terms of Reference of the inquiry.
