Attorney Nigel Hughes says that the family of Orin Boston, the Dartmouth businessman who was shot and killed by a policeman at his home close to two weeks ago is giving the police “reasonable” time to complete the probe while noting failure to do so can lead to private criminal charges.
“We afforded the police what we consider a reasonable time to conclude the investigation. In the event that they fail to conclude the investigation, we have, we believe sufficient evidence to commence private criminal charges,” Hughes told Stabroek News yesterday in an invited comment.
Hughes could not give a timeframe for what he considers “reasonable” time. “You will get an indication when we believe that the time has ran out,” he said.
Boston, 29, of Hoppie Street, Dartmouth was shot and killed on September 15 during what was said to be an anti-crime operation.
The police in a statement had said that ranks were conducting the operation at around 4.40 am during which they went to the home of Boston to conduct a search.
During the search, the police said there was a “confrontation” between Boston and the police resulting in him being shot.
Boston was rushed to the Suddie Hospital where he was pronounced dead on arrival. An autopsy later revealed that Boston died as a result of haemorrhage and shock due to gunshot injuries to the chest.
Boston’s widow, Feona Boston had previously told reporters that the police kicked down their back door, went into their bedroom and shot the businessman. She said that ranks were all over the house with guns and her two children, ages 6 and 7, witnessed the entire ordeal.
Boston was shot with a rifle. The policeman who allegedly shot Boston remains under close arrest.
The file in the matter was sent to the Police Complaints Authority (PCA) for “review” last week. There has been no feedback on whether the file was returned to the police.
Asked on the sidelines of an event on Saturday, Commissioner of Police (ag) Nigel Hoppie told Stabroek News that the file is still with the PCA.
The investigation is being spearheaded by the Police Office of Profes-sional Responsibility (OPR).
Under its governing Act, the PCA is mandated to undertake a probe of all fatal police shootings. It is however not required to review the internal police probe.
The usual procedure has been for the police force to send its file to the Chambers of the Director of Public Prosecutions for a decision on prosecution. It remains unclear why this has not been done in this instance.
Recently, President Irfaan Ali said that there will be a thorough and impartial investigation into Boston’s killing.
Last Monday, Minister of Home Affairs, Robeson Benn visited the family and promised that all efforts will be made to ensure his death is “thoroughly” investigated.
On Sunday, A New and United Guyana (ANUG) called for a Coroner’s Inquest into Boston’s death.
In a statement, ANUG said that the Inquest should be conducted by the district magistrate as coroner, adding that the coroner is empowered to summon reputable residents of the neighbourhood to act as jurors during the inquest, and to subpoena witnesses and hear evidence.
It said that the Coroner’s Inquest should be open so that the public, the media and the entire country can be advised of the following: (i) what ‘intelligence’ the SWAT team acted on to break into Boston’s home; (ii) why they did not have a search warrant to enter the premises; (iii) whether their forced entry into those premises was lawful; (iv) what circumstances necessitated the use of deadly force by twelve trained and armed men to subdue one man in his bedroom.
