Don’t Stop? Don’t Search? Don’t Detain? The High Court Judge’s ruling tended to confuse my poor layman’s mind. I read the newspaper’s report twice, thrice. I then underlined certain sections of the Judge’s comments and findings on specific sections and charges which were instituted by the Police – all as reported by the Sunday Kaieteur News. I later discussed the case with friends not unfamiliar with aspects of law and some judicial decisions.
Now I can’t wait for responses from my Commissioner of Police, his legal advisers, civil society groups including the local Human Rights Outfit. Within the context of the reality that it is the good cops of the Guyana Police Force on whom we depend for our domestic safety and protection.
So what am I going on about today? All this has to do with the ruling and judgment handed down by Justice William Ramlal with respect to a lawsuit filed by an Attorney-at-Law (now a Judge himself) in October of seven years ago. Reportedly, for a minor traffic offence the Plaintiff/Attorney’s vehicle was stopped, detained, then searched by belligerent police-ranks who broke many rules.
The accused/complainant who sued the police claimed that during his ordeal he was detained, threatened with a rifle by one rank, assaulted, detained for hours at the station, had his vehicle searched in his absence then finally charged with driving an uncertified motor vehicle, dangerous driving, using indecent language and negligently interrupting the free flow of traffic. That was in May 2006. But after another month the Police dropped all four charges. The accused, Navindra Singh, was freed. And free to sue; which he did!
Some findings that puzzle
Remember I’m a layman-citizen of average intelligence, with a few “legal” friends, but still perplexed by a few of Justice Ramlal’s rulings and observations with respect to police powers/authority as regards specific actions they may or may not take.
The judge awarded the Plaintiff more than two million dollars in various damages. I will now record a few of the Judge’s findings which still challenge me, as I remain concerned about the lawful ability of the good, honest law-enforcement investigators as they go about protecting me – – and all of us.
One, reportedly, to summarise here, the Judge did find that the Police Act allows the Police to stop, search and detain any person. But only if that individual is reasonably suspected of having or conveying…anything stolen or unlawfully obtained. It must be a situation whereby an offence has already been committed! In other words(?) the police must have “reasonable grounds for suspicion…or credible and reliable information, before stopping, searching, arresting and/or detaining…”
Huh? So, under “campaigns” and specific circumstances, “emergencies” (?) can’t police roadblocks stop and search – as they do sometimes nightly? Personally, I welcome sudden or strategic roadblocks.
Two, the Judge declared that a certain regulation does not provide for any charge having to do with “negligently interrupting the free flow of traffic”, just the length of trailers. Get legal direction Police! From the DPP’s brighter boys and girls.
Thirdly, the Court questioned whether those ranks – in October 2006 – were empowered to search the plaintiff’s vehicle for guns and ammunition when the law directs that a policeman – not below the rank of inspector – has to be present when such a search is being conducted. My Lord! We have to have numerous inspectors on spot lest suspects with hidden guns escape.
The judge declared on many other charges arising out of this lawsuit – “obstruction” not being an “arrestable offence”, driving an uncertified motor-vehicle not justifying the “stop” instruction by the police, etc. etc. – but I’m certain this judgment will occasion much sunlight scrutiny on matters of police powers and people’s rights.
Enlightenment, assurance
And I’m certain too, that in any ensuing relevant debate, I will be educated, even enlightened about the legality of police procedures and the intricacies of law in terms of human rights.
My concern is that the very law(s) can inhibit the police’s ability to pre-empt dangerous scenarios and to protect us. Then again, Frankly Speaking, it often boils down to the naked, crude aggression by rogue cops even when intending to arrest and detain very bad guys known to them. The judge has to be right about some policemen’s malice and abuse of power.
But me? I still support sudden stop, search, cordoning off of certain premises, fetes and events. Illegal weapons abound! Find laws that accommodate the good police. And our safety!
Tony’s insights, Moses’ comments
Under the caption “The High Sugar Cost” on December 04 last, experienced Sugar Sector analyst Tony Vieira discussed the very high cost of producing one ton of cane sugar here these days. He argues the case for mechanization as against the still labour-intensive situation wherein even cane-harvesters are hard to find.
Simply put: who can dare argue against the fact that GuySuCo’s Board and management seem either stubborn or ashamed to admit that the Industry cannot continue to produce “labour-intensive” sugar uneconomically then demand billions from Parliament and the people to subsidise mismanagement!
Mr Vieira’s warning is clear-and-fair: The Glory Days of Guyana’s Sugar are over!
My oh my! How frank was former Information Minister Moses Nagamootoo when he challenged the current Public Service Minister Westford to live on the typical nurse’s monthly salary.
The now AFC man recalled his PPP ministerial status and perks: “… If a minister does not own a home one is rented for him or her” (those nurses and other taxpayers foot that bill!); “elite public servants benefit from additional allowances”; “Public Servants – policemen, nurses, teachers – don’t get lump-sum allowances for travel, nor are they provided with maids, chauffeurs and gardeners” – all paid for by the State’s poor taxpayers.
Great stuff from the former Minister! Frankly Speaking, some Public Servants do not enjoy what certain Ministers’ drivers receive, or what Minister Jenny Westford pays for her several, colourful hairpieces!
Yuletide musings…
*1) What did the Baby Jesus’ parents do when they escaped to Egypt in Africa?
*2) Did the teenaged or adult Jesus exhibit extravagant lifestyles? Name-brand apparel or expensive gifts?
*3) Do not overspend in His Holy Name to celebrate in a month that he was not even born in, but celebrate reflectively. Have fun and plan for 2014 realistically.
*3b) “Just imagine” says the TUC “President Ramotar was a Trade Unionist with GAWU and the original FITUG – – and Minister Westford was once an activist for the GPSU!!“ Now they say 5%! When you lose your humanity!
*4) Towards a cleaner Christmas. You can contribute. Manage your own waste at home or work-site.
*5) Pity the PNC/APNU couldn’t go to Sunday’s Final Farewell for Nelson Mandela.
Mr Ramotar should have taken along David Granger, Robert Corbin and Eric Phillips. The PNC did their best to fight the White Settler Apartheid in South Africa.
Ruel Johnson is right. After Cheddi, this bunch has no legitimacy claiming Mandela’s Spirit. It’s like Blasphemy!
Y’all be prudent preparing for “The Season”.
Til next week!
(Comments? allanafenty@yahoo.com)
