The compensation recommended for the families of the three men killed and for those injured in July 18, 2012 police shooting at Linden is reasonable, according to former Chancellor and Commission of Inquiry (COI) member Cecil Kennard, who says that the government could adjust the amount paid out.
Kennard says that the level of compensation recommended is fair in light of the testimony presented to the COI and the fact that it was found that the police did not intend to kill anyone.
“We did not take a shortcut. We looked at the evidence and made a decision as to what we felt was right,” Kennard told Stabroek News, in response to growing criticism that the compensation recommended, particularly for the relatives of the dead men, was unjust and a slap in the face.
Kennard served on the commission along with Senior Counsel K.D Knight, of Jamaica, Senior Counsel Dana Seetahal of Trinidad and Tobago, former Justice of Appeal Claudette Singh and former Chief Justice of Jamaica Lensley Wolfe, who was the Chairman.
In the report on its findings and recommendations, which was handed over to President Donald Ramotar last week, the COI found the police responsible for the deaths. It also said that the discharge of ammunition was justified as the police were confronted by a hostile crowd and noted that there was no clear intention to kill or injure anyone.
Part of the COI’s mandate included making recommendations for compensation where necessary for injury, loss or damage as a consequence of the events of July 18, 2012, but the sums recommended for the families of the dead and some of the injured have been criticised as inadequate.
Stabroek News was unable to get a reaction from government as it regards some of the criticisms being made about the level of compensation.
When contacted on Monday, Attorney General Anil Nandlall said that he could not comment on the issue and directed this newspaper to the Office of the President. Efforts yesterday to make contact with presidential advisor Gail Teixeira were futile.
Kennard, when asked about the issue, said that he and the other commissioners looked at all the circumstances, including the fact that the police did not set out to kill. He also said that they applied the legal principles before coming up with what was contained in the commission’s final report.
The commission found that the police ranks on the day in question were executing their order to clear the Mackenzie-Wismar Bridge, which is a major link to the interior. He said that the experience and knowledge of each of his colleagues played a part in determining the amount of compensation that was recommended.
“We all considered that it was not an easy matter. We had several meetings because we intended to do what was right. We knew people would not have been satisfied. We took everything into consideration,” Kennard said, while stressing that some of the persons seeking compensation “might have gone overboard.”
He reiterated that based on what was presented to the commission, there was no clear intention by the police to cause injury; rather, the ranks wanted to scare the protestors.
‘Conscience
is clear’
Asked about the compensation recommended for the relatives of Allan Lewis, Shemroy Bouyea and Ron Somerset, and whether the figures could be altered by government, Kennard said that the sums were just a recommendation and it is now up to the government.
The commissioners analysed the contributions in terms of earnings made to their families by the three deceased men and recommended compensation of $3 million to Bouyea’s estate, $3 million to Lewis’ estate and $2 million to Somerset’s estate.
Asked why the compensation recommended for Somerset’s family was lower than the others—the figure was increased from $1M to $2M just before the report was handed over—he said that this was based on what the man’s mother told the commission and doubt that he was employed at the time of his death.
Nigel Hughes, attorney for the relatives of the dead men, had said that he was disappointed with the compensation awarded, since he had expected nothing less than between $10 million and $15 million each for his clients.
Region Ten Chairman Sharma Solomon has also expressed shock at the amounts awarded to not only the relatives of the slain but also those who sustained injuries in the confrontation with police.
He also said that there is a trend in Guyana and across the Caribbean that “fantastic amounts” are not awarded to persons killed under circumstances similar to what took place in Linden.
Kennard said that he had noted the comparison that is being made with the case of the teenager who was tortured by police and subsequently awarded $6.5 million by the courts. He pointed out that in that case, the police ranks involved had set out to commit the act, while the same cannot be said for the ranks at Linden.
He added that the commissioners knew that they would have been criticized for the contents of the final report and noted that “you can’t please everyone.”
A total of 13 persons were also recommended to receive compensation for injuries they sustained during the shooting and this range from the sum of $50,000 to $1.5M.
Kennard said that the commission at points was also confronted with issues surrounding the credibility of the injured persons. “We have done our job and our conscience is clear. I wouldn’t bother with the criticism… We spent hours looking at it (the issue of compensation) and it was not an easy task,” he said, adding, “We (the commission) are happy about the compensation awarded.”
The COI report called the compensation recommended a gratuity rather than a legal obligation. “In making our recommendations we considered all the circumstances in which persons suffered losses,” the report said.
