Police Personnel Wanted: Humans Need Not Apply…

A look at the Mario Deane case in Jamaica, the Michael Brown case in the US and the fundamental questions they raise about the Police as a viable, functional arm of governance globally.

Video above features Mario Deane’s parents and Jasmine Rand,one of the lawyers representing the family of slain Florida teen Trayvon Martin, now on the legal team representing Mario Deane along with Michael Baden, an internationally known forensic pathologist who examined Michael Brown’s body in Ferguson.

On the 6th of August, Jamaica’s 52nd anniversary of independence, a young citizen named Mario Deane died while in the custody of Jamaican police. A Montego Bay construction worker, Deane had been detained by Jamaican police for possession of a Ganja spliff or joint on August 3rd. Despite a relative arriving to bail him within a few hours, the police, in what can only be interpreted as an act of malice, denied him bail–a decision that would cost the young man his life. Deane ‘s crime? Supposedly he had insulted the force by saying that he didn’t like the police.

Deane’s death by savage beating–exactly at whose hands is unclear since the first police report said he had died of injuries sustained from a fall from his bunk. This story was later amended with police now reporting that two mentally ill cellmates had administered the fatal beating. From Sunday to Wednesday Deane remained in hospital under heavy police guard, finally succumbing to his injuries on Independence Day.

Jamaican media carried shocking images of Mario lying in hospital with his face swollen beyond recognition and TV and radio interviews with his family members roused the country as no other death in police custody had done before. It wasn’t as if Mario Deane was the first person to lose his life due to the callousness or viciousness of the police, but he was the first to galvanize the nation into a loud and angry refusal to accept what the state was offering in the name of policing.

What makes a particular case pivotal in inciting public protest is always somewhat of a mystery. In India the boiling point was reached in December 2012 with the gruesome gang rape of young Jyoti Singh. The fury with which the public reacted, with middle and upper class women flooding the streets with placards and processions, took everyone by surprise. Foreign commentators mistakenly jumped to the conclusion that the victim must have been middle class, hence the unprecedented public rage. But she was nothing of the sort. What infuriated urban women was the fact that they identified with her, they all had taken buses at one time or another, nothing could have been more innocent than a young woman’s desire to get home safely and her violation hit home like no other case did. It reminded women of how fundamentally unsafe they were, of what a savage and uncaring society they lived in.

Similarly I think the Mario Deane case is one that resonates deeply with many Jamaicans who are moved to think ‘there but for the grace of God go I’. Two decades of campaigning by Jamaicans for Justice, an NGO that militates on behalf of human rights, had never achieved such a unified response although they must be given credit for having prepared the ground by their systematic highlighting of police abuses.

In the public’s view Mario Deane was no criminal, never mind that ganja possession is a crime on the books here. It is so much a part of Jamaican culture that no one views it as a serious infraction. In fact the government is about to decriminalize possession of small amounts such as the spliff Mario was carrying. Identification with Deane was therefore high, he was merely a hard-working construction worker going about his business whose life had been rudely, and permanently, interrupted by the police.

Mario Deane died on August 6. On August 9 an American teenager named Michael Brown was shot down by police in Ferguson, Mississippi.  He was black. The city erupted in fury and for days US news channels focused on little else but the teenager’s death. The fallout from the Mario Deane case was now reinforced by this surprising evidence of virtually identical police brutality in the land of the free and the brave. As Kellie Magnus @kelliemagnus tweeted “sad and odd that this case and mike brown case in US happening same time. Black in US = poor in ja.”

For once the USA found itself on the back foot, promoting human rights globally, but practicing the opposite at home. Critics such as Amnesty International were quick to point this out tweeting that the US couldn’t tell countries to improve their records on policing and peaceful assembly if it didn’t clean up its own human rights record. “Your work has saved far fewer lives than American interventions” shot back The Center for Strategic & International Studies (CSIS) which was soon forced to withdraw its snarky retort. “Our sincerest apologies to @amnesty & our followers. Our last tweet was sent in error. We’re reviewing internal policies for social media,” it tweeted.

The discomfiture of the Americans resonated in Jamaica where only a few weeks ago the Police Commissioner had been forced to step down, it was widely believed at the behest of the USA. How could the Americans tell Jamaica how its police force should be staffed without putting their own house in order?

Meanwhile on Facebook a friend, Olu Oguibe, wrote a punchy update, pointing out the comparatively similar behaviour of police everywhere. “…cops are a united nation unto themselves,” he said:

A Murder in Ferguson

One of my favorite movie moments of all time is in Shrek 2 when police pull over Donkey and Puss in Boots, played by Antonio Banderas, and a police officer puts his hand in Puss’s pocket and comes up with drugs. Realizing he’s just been framed, Puss moans helplessly. “That’s not mine, officer”, he begs, “I swear it, that’s not mine.” You never can win against the police, can you? It’s a policeman’s world.

No sooner it became clear that the officer who choked Eric Garner to death in New York last month might be charged than the guy who recorded the incriminating viral video was suddenly arrested for drug dealing and his girlfriend booked for possession. Now, as Ferguson police reluctantly name the cop who shot young Mr. Brown, under obvious pressure from Washington, they simultaneously tell us the youth was recorded a short while earlier robbing a Deli. He isn’t that nice, innocent lad y’all are shouting about, Police Chief Jackson seems to be saying: he’s just a common criminal and that gives us the right to murder him in cold blood. Sure!
It doesn’t matter what country you’re in, cops are a united nation unto themselves. You never win against cops.
8.15.14

New York Mayor de Blasio’s stipulation following Eric Garner’s death “When a police officer comes to the decision that it’s time to arrest someone, that individual is obligated to submit to arrest,” gave rise to derisive responses such as this one from writer Marlon James:

I think he should go further and give a live demonstration on how a black person, whether it be a robbery suspect or a female University professor should not resist arrest, because clearly the original model, dropping to your knees, holding your hands up, and/or screaming “I’m not resisting,” isn’t working so hot. Perhaps his wife can volunteer to demonstrate it.

Regarding Michael Brown’s murder Marlon James had the following to say:

And yet we all know how this is going to play out, or are we waiting for The Onion story to confirm it? It worked before and will work again and again. Put the black kid on trial for his own murder.

Meanwhile back home in Jamaica the Sunday Gleaner published an expose on what exactly goes on in police detention centres. The description seems to lend credence to police claims that Mario Deane was beaten to death by inmates. Which inmates though? After reading the following account it seems highly unlikely that two mentally challenged inmates would’ve undertaken to beat a fellow inmate to death. And of course it still doesn’t exonerate the police and the country’s justice system. Why are Jamaican citizens being made to risk their lives in such death traps? Why is the police looking the other way while such brutal behaviour goes on under its nose? Whatever happened to the notion of restorative justice?

Detained in a death trap
Gary Spaulding, Aug 31, 2014
According to Brown, the obvious ‘Don’ in the cell instructed the other inmates to, “show dem how we welcome visitors in here”.
“What took place was known as ‘feathering’ or a beating. A horrendous activity any first-timer must face,” said Brown.
“The feathering beating continued throughout the night, but there was no police personnel coming to my rescue. After the welcome, the don instructed the others to give us time to settle in as ‘we ago try dem case lata’,” recalled the still-shaken Brown.
“We – the other newcomers and I – stood there for another 35 minutes hoping that the awful experience would end, but no such luck,” said Brown as he noted that the respite was because the don was on his ‘bird’ or telephone with his girlfriend.
$10,000 to sneak in a phone
Brown said he later learnt that it had cost $10,000 to have the phone sneaked into the cell, one cigarette cost $100 while a small bag of ganja which would sell for $50 on the streets was sold for $300 in the cell.
“With the telephone conversation done, we were asked why we were in jail … the first guy scuffled his way up to the front of the cell and explained, he was feathered to the point of tears. He was later kicked, slapped in the face, and beaten by the cellmates for showing emotions.” All that time, there was no response from the police who are mandated to keep prisoners safe.
Then it was Brown’s turn to ‘take the stand’ and the first question from the don was if he had ever killed anybody. “I said no and was asked why are you here then”.
As Brown explained why he was behind bars, he was instructed to stand before being hit in the chest. Six pairs of hands then started to beat him before they were ordered to stop by the don.
Attention turned to another of the newcomers who told the inmates that he was involved with guns and knives during a robbery in his area.
“He immediately gained some amount of respect and was not feathered during my time there,” said Brown.
“There were 19 of us at the rear of the cell where we slept. It was like an organisational chart in a workplace and you had to work our way to the top.”

On the eve of a new police commissioner being appointed in Jamaica the public must ask if he or she will put a stop to such barbaric behaviour at precincts under control of  the police. Do police personnel here and elsewhere realize what human rights are? Nix that, do they even know what it means to be human?

 

 

Red Alert: Yet another Police killing in Jamaica

Noting with alarm another tragic and completely avoidable police killing in Jamaica.

I was just getting ready to write a rare pro-Police post, after listening to Police Commissioner Owen Ellington on one of the morning programmes; he was describing in detail the gang structures the police are trying to dismantle and what a Sisyphean task they face. Listening to the calm, rational voice of Commissioner Ellington I actually wondered if sometimes we aren’t unfair to the Police when we protest so vigorously against their unnecessarily life-threatening tactics. Then I listened to the 5 pm news on Nationwide Radio and found myself seething with rage at yet another wanton, vicious police killing.

Two 16-year old cousins in Hanover were riding a motorbike when police ordered them to halt. Afraid because they weren’t licensed to ride the bike the boys took off with the police in hot pursuit. Having blocked them successfully after a chase the police are alleged to have beaten them to a pulp. How dare they disobey the Police? This would teach them to do such a thing again. Well if there’s one thing the Police seem to excel at, its the application of violence to hapless youths (not the apprehension of real criminals judging by the 5% conviction rate for murders and the rising number of kidnappings, robberies and murders we hear about daily). So soundly were the boys beaten that one of them succumbed to his injuries yesterday and the other remains critically injured.

Tell me how this is acceptable Commissioner Ellington? How can you expect the rest of us to sit idly and watch this brazen brutality continue? If the police involved in this boy’s death are allowed to go unpunished aren’t you sending a message to other cops with no respect for human rights, especially the rights of the poor, that they have a license to behave like this? how many other youngsters will meet their deaths at the hands of uncontrollable policemen? Why are none of them ever found guilty and punished?

I’ve met so many really good police men and women over the years. Especially officers, some of whom are or were students at the University. I’ve always been amazed at how civil and considerate most of them seem. But where are they now? Why aren’t they speaking up when these atrocities happen? Why aren’t they stopping them? How much longer will this wanton bloodletting be allowed to go on? If you, the good police, don’t put your collective foot down you surely will be considered to be aiding and abetting in some of the most inhumane policing tactics in the region. Please. Say something. Do Something. Stop the killing.

What the Police Can’t Do…

Jamaican Police’s power to stop and search is challenged by a Supreme Court judge.

Poster by Michael Thompson, Freestylee
Poster by Michael Thompson, Freestylee

In Jamaica its so normal for the police to stop your car and search it if they want that the ruling of a judge saying there is no legal basis for such police action comes as a thunderclap. According to Barbara Gayle, writing in the Gleaner:

A Supreme Court judge has ruled that the police have no power, under the Road Traffic Act, to arbitrarily stop and search motor vehicles, opening the door for a flood of lawsuits.

The police have repeatedly argued that the law gives them the power to stop and search vehicles, and that this has resulted in the apprehension of criminals, the recovery of stolen vehicles and stolen farm produce.

But Justice David Batts says the police are abusing this power.

Batts made the ruling when he ordered the Government to pay $2.8 million in damages to a motorist who was assaulted by the police when he was stopped in St Catherine in May 2007.

The judge’s statement has been refuted by the Police Commissioner who insists that the Police do have the power to stop and search members of the public. On the Jamaica Constabulary Force’s Facebook Page the laws as the Police understand them are set out:

Police Powers to Stop and Search
by Jamaica Constabulary Force (Notes) on Monday, 1 July 2013 at 20:07

The Police High Command takes note of public reaction to comments attributed to High Court Judge, Mr. Justice David Batts on the powers of the Police to conduct stop and search operations, which were published in the Sunday Gleaner on June 30, 2013. The Judge’s remarks will be examined by the High Command, to determine whether they have implications for how personnel operate on the front line.

In the meantime, the High Command wishes to remind the public and members of the Force of powers given to the Police to conduct stop and search operations as part of their effort to control criminal activities, especially in instances where public thoroughfares are used.

Powers to Stop and Search Vehicles and Occupants (Broad Powers)

Section 19 of the Constabulary Force Act empowers the Police to stop and search, without warrant, vehicles and the occupants thereof, known or suspected to be carrying stolen or prohibited goods, as well as any dangerous or prohibited drugs and gambling materials.

Powers to Stop and Search for Firearms

Section 42 (1) and 42 (2) of the Firearms Act empowers the Police to, without warrant stop and search any vehicle and its occupants on reasonable suspicion that firearms and/or ammunition is being unlawfully conveyed therein.

Four more instances are laid out under which the Police have the power to stop citizens and search them: to verify agricultural produce was legally reaped; under the Customs Act; for goods unlawfully possessed; and under the Offensive Weapons (Prohibition) Act.

By a startling coincidence, the very day after this was made clear to the public the Police stopped a van on the North Coast of Jamaica and found that it was stuffed with lethal weapons, allegedly imported from Haiti. This reinforces the rationale for giving police such extra-judicial powers, a move supported by many citizens on the grounds of security. The problem is that there seem to be no checks and balances for the many occasions on which the police abuse these powers.

Meanwhile let’s go back to Justice Batts for a moment. Interestingly he had once wanted to join the police force but decided against it, becoming a lawyer instead (see quote below). His ruling which in effect is a move to police the police, has not gone unnoticed and unappreciated by those of us who demand that the wanton killing and maiming of innocent citizens by the Police be stopped forthwith.

Law was not my first choice at all,” Batts said.

“For a long time, and up to the time I entered Sixth Form, my desire was to serve my country as a police officer or in the military. But I never joined the cadets because they required a clean haircut and in high school I sported an afro,” Batts said.

Please note that clean haircuts are highly over-rated and don’t necessarily  go hand in hand with ethical behaviour. See photo below of two eminent Nobel prize winners, Rabindranath Tagore and Albert Einstein, who clearly didn’t bow to the cult of  ‘clean haircuts’.

Ja Blog Day 2013: Police & Security Force Abuse–“wi a pay unno fi murder wi!”

Poster by Michael Thompson, Freestylee
Poster by Michael Thompson, Freestylee

policeabuse

Mark Shields @marxshields
So NYPD, Boston PD and London Met Police, plus 1,000s more police depts ALL use Twitter. Come on #JCF – keep up. No cost, just results.

Mark Shields @marxshields
#JCF seethis “@NYPDnews: Male wanted for armed robbery, demanded cash, W 26 St & 9 Ave 5/19 1:20pm #10Pct #800577TIPS ”

RMA#872-13 ROBBERY 10PCT 5-19-13 (1).jpg

 

Mark Shields @marxshields
#JCF and this: Officers investigating disorder during FA Cup Semi-Final at Wembley Stadium have released 16images flickr.com/photos/metropo…”

Michael Mitchell @MichaelAssured
@marxshields @MizDurie As long as they focus on crime-fighting instead of crime-solving, #JCF will NOT see [or] appreciate benefits of Twitter.

I open this post by quoting Mark Shields, the colourful English policeman who was loaned to the Jamaican police force some years ago, along with several of his colleagues, in a vain effort to combat the Jamaica Constabulary Force’s chronic problems with corruption, rogue cops and inefficacy to the point of stultification. Let’s get a sense of the depth of the problem by looking at this quote from the British policeman:

“When I first got here, there was a very inward-looking, nepotistic culture. They were hated by most of the public in Jamaica, because fatal shootings were running at a ridiculously high rate, corruption was out of control, from top to bottom. Anything from allowing drugs to be brought on to the island, and turning a blind eye for a cut, to police officers contracted to kill other criminals, anything you can think of, they did.”

Even the officers trying their best were struggling in a system that would have looked old-fashioned a century ago. “It was appalling. An exhibit such as a bullet fragment would be put into a paper brown envelope, and then they would get a red wax seal and stamp it on the back like something out of the Napoleonic war. I’m serious. So you would have this old envelope with a Napoleonic seal on the back, and that’s your exhibit.” Fingerprints were stored on cards, with no digital database; crimes were laboriously recorded by hand in big old dusty ledgers. “They would just say, that’s how we do it…”

As you can imagine there was a lot of resistance to the British imports into the JCF. Most of them have served their time and moved on but Shields, known as @marxshields on Twitter, is still here working privately as a security consultant. Ever one for upgrading to new technologies, in recent times he has been urging the JCF to start using DNA testing and Twitter, the detective’s tool par excellence, one i myself have been recommending to both my academic colleagues and the journalistic community in Jamaica for years. The reason? It’s the latest, most innovative means of news and information-gathering, like tapping into a vast reservoir, a virtual motherlode of data waiting to be mined; at the same time it offers conduits to reach multiple networks, to crowdsource whatever it is you need or just to transmit your message far and wide.

Has anyone seen this ‘Male wanted for armed robbery’? Here’s the picture we have of him. or Does anyone know where this place is? with a photo attached to it will bring in valuable responses that may very well help solve your research problem if you’re an academic or the crime if you happen to be a member of the Police Force. If you wanted to know for instance how many police forces around the world are already using Twitter you would post a tweet like this: Are the #police in YOUR country using Twitter yet? Please use #smartpolicing when replying. The hashtag ‘smartpolicing’ would collect answers from all around the world which could then be separately verified for accuracy.

But as @MichaelAssured pointed out the JCF will only realize the value of Twitter if they accept that their mandate is crime-‘solving’ rather than crime-‘fighting’.

With crime as rampant as it is in Jamaica and the Jamaican police specializing in crime-fighting you would think that they’d be experts at it now, neatly taking out criminals as they encounter them but no! Unfortunate citizens who happen to be in the vicinity of suspects will be taken out too; when questions are raised ‘collateral damage’ will be mentioned as in Tivoli Gardens three years ago to the day, when local security forces (army and police with benign technical assistance from the US) breached the barricaded community in search of the most wanted Don in the history of Jamaica–Christopher “Dudus” Coke.

In the days that followed 73 plus civilians were killed, no Don was found and despite claims by the armed forces that they were fighting heavily armed gangs loyal to Dudus only 6 guns were recovered. But let’s not rehash history. We are using the unfortunate events of May 23rd to catapult this first Ja Blog Day and to focus collectively on the problem of policing here and the wanton slaughter of Jamaican citizens.

The extra-judicial killings are too numerous to itemize here. I will pick just one to focus on because it illustrates the problem really well. It’s the case of Matthew John Lee, a generous young middle class boy, who gave two less fortunate friends a ride one day. The police descended on them as they drove through an affluent community many of us traverse daily and after the usual controversial ‘encounter’ all three were shot dead in broad daylight. I won’t repeat the details here because they were very well captured in this video footage of a show called Impact in which journalist Cliff Hughes explored the case with family members and the President of Jamaicans for Justice, Carolyn Gomes.

I deliberately cite the case of Matthew Lee because he was not a ghetto youth, the perennial victims of encounters with the police. He was a young middle class youth, a former junior hockey champion, a citizen in good standing, yet the police didn’t bat an eyelid in killing him. This suggests that a new frontier has been reached and those of us who think our elite status will give us immunity from the violence that stalks the land please take note. They came for Keith Clarke in the wee hours of the morning, they came for Matthew Lee in broad daylight and they will come for you and me whenever they please. Welcome to a reality the poor in Jamaica have always known–the Police/Armed forces are not in control–they are completely OUT of control. “Wi a pay uuno fi murder wi,” as one such hapless citizen remarked.

I close with an extended quote from a former policeman who has penned a tell-all book, soon to be published, which tells it like it is from the inside. I won’t disclose his name right now but do read the excerpt below. The incident described happened in the 90s. I warn you that it contains material that may not be suitable for children or the squeamish. It’s a measure of the problem we now face.

Most cops see the ghetto man as wicked, murderous, and criminal. And so he greets him with that mindset. He doesn’t see conditions; he sees an obstruction to peace and quiet. He sees the ghetto man as an animal that should be slaughtered as soon as possible. I was one of those cops. I was especially resentful of ghetto dwellers when I had had a few drinks. I abused them, kicked them, punched them and made them crawl in the gutters. I was indoctrinated not just by other police officers but by society at large. I did not like these youths who dressed outrageously and smoked weed and bleached and twisted their hair and wore earrings and nose rings. I was programmed to see them as nonentities, but the intelligence and wit of the ghetto man, his will to survive, his courage to face the bullets, baton and jailhouse was enough to open my eyes.

Sometimes it takes the death of another to open your eyes. I witnessed the killing of a ghetto man by one of my patrol member and it changed my perception of people from ghettos forever. That martyr’s death was the beginning of the end for me as a police officer. It wasn’t going to be the last of such incidents I would see but it remains the most senseless act of wanton cruelty I have ever experienced. The incident keeps replaying in my mind year after year and up to this day I feel motivated to speak out against it, to bring closure to this tragedy, to have that murderer in uniform face the Courts, to have the family of that young man compensated and consoled for what I consider a calculated, pre- meditated, cold blooded murder.

It was about midday when I received a call on my portable radio to assist another patrol in my vicinity. Along with my three army personnel, we covered ground quickly. On reaching we saw a young man with a broken machete in his waist trying to elude the grasp of some angry soldiers. It was in the Coronation Market area and the higglers were shouting to the cops and soldiers that the man was mentally challenged. The man seemed to be in his early twenties and was dressed in a pair of dirty short pants. The only weapon he had was the machete in his pants waist.

The soldiers from the other patrol tried surrounding him, but every time one grabbed at him he would step into the running sewage by the side of the road. Suddenly I saw a soldier take aim at him with his SLR rifle and open fire. The man fell into the sewage with half his face blown away. I saw one of the soldiers in my team holding his neck. The bullet had gone on to graze him. I watched the sewage turned red. As the bloody liquid passed me I saw the front teeth of the dead youth along with gum and top lip drifting along. I watched in shock as the young man’s body quivered and he clawed the ground trying desperately to hold onto a life that had long left him. Some people were shouting, “murder” and others were just screaming. Market stalls were overturned as people ran in all directions, some running towards the scene and others running away from it. I remembered just standing there staring, immobilized by this display of wanton cruelty. I looked at the soldier who had fired and I could see the fear in his eyes. He was swinging the rifle from left to right as if he expected the crowd to storm him. I crouched and walked away, but looked again at the body of the young man in his half pants, the machete still in his waist.

His killing did something to me; it tore me apart, for I was a part of this unwarranted and brutal abuse. I represented the group the soldier came from and I felt shame, anger and confusion all in one. The victim was mentally challenged, he was ill, he was helpless and he was murdered for it. I felt sick to the pit of my stomach. The soldier with the grazed neck was beside me and he was still touching the spot where the bullet had grazed him. He too was muttering his disapproval of the killing.

When I returned to our base in downtown Kingston I saw the soldier who had pulled the trigger. I walked straight up to him, looked him in the eye and asked him why. He never answered. I don’t even know if he heard me. But the real shocker came when I discovered that I was perhaps the only one there who didn’t think he was a hero. Everyone else was congratulating and cheering him on. I was told later that this was not his first killing or murder, as one officer audaciously put it. By now rioting had started and we were summoned to the streets again, this time to quell the rioting.

I looked at the killer once more but he didn’t look at me. He pretended to be distracted by the noise outside. He was sweating, and there was fright in his eyes. This was the first time I was looking in the eyes of a murderer, and he didn’t have twisted hair or earrings, he wasn’t dressed outrageously, or have bleached skin. He was a soldier, not the usual demonic ghetto inhabitant.

It was painful to use physical force to disperse the mob that had gathered outside our command post but I had to do it. It was painful because I understood their hurt, their anger. They cursed me too, they called me ‘dutty murdering police bwoy’; some accused us of having strength only for ‘mad’ people and I will never forget the female voice that shouted above the rest “wi a pay unno fi murder wi,” That was the statement of the day, for it was true, it was shamefully true.

I left the scene that evening with my team, found a bar and drank for the rest of the afternoon. Later that night there was a news report that a man of ‘unsound mind’ was killed when he attacked members of the security forces with a machete. That was the moment it dawned on me that something was very wrong with the approach and conduct of the security forces. It was the beginning of the end for me.

What the Police can do: Michael Sirjue, Cary Lyn-Sue and the quality of justice in Jamaica

 
Opening of SALISES 5050 conference with St Lucian Prime Minister Kenny Anthony who urged Jamaican judges to be less timid in their interpretation of constitutional rights, Feb 2, 2012

What a day, what a day. While i was busy taking in various activities at the SALISES 5050 Law and Justice Conference today news broke that a fugitive cop, Detective Sergeant Michael Sirjue, had fled the island after it was established in court that he had forged a witness statement in a case involving alleged leader of the Montego-Bay based Stone Crusher gang, Eldon Calvert and his brother, Gleason Calvert, and Michael Heron for the 2006 murder of cook shop operator Robert Green.

Apparently the witness statement was first flagged as false by handwriting expert and author Beverley East and corroborated by another expert who is actually a member of the police force. The witness in question, Artly Campbell, had been shot and killed. The discovery of the forgery has persuaded Director of Public Prosecutions Paula Llewelyn “that in the future she will ensure that statements are examined in cases, where the witness is dead or cannot be located.”

Now what’s interesting about all this is that the very first piece i posted when i created Active Voice in January 2008, my inaugural post as it were, involved another policeman, Detective Constable Cary Lyn-Sue, who had confessed to having not only manufactured a witness statement but the witness as well. What is really interesting is that Lyn-Sue’s supervisor was the self-same Det Sergeant Sirjue who is now absconding.

Fascinating isn’t it? With what passes for law and justice in this country is it any wonder that this is such a violent society? A lot of the crime plaguing us is the result of people taking the law into their own hands because the extant justice system just isn’t delivering.This is what gives rise to vigilante justice or informal justice systems presided over by dons.

Complementing this is a dishonest, unreliable police force that doesn’t hesitate to resort to criminality in the name of policing. A recipe for disaster that makes you wonder how many innocent people are languishing in prison today. It might interest you to read my post about Lyn-Sue…

An ‘Inconvenient Truth’?

Detective Constable Cary Lyn-Sue. The name will probably go down in Jamaican history in years to come; Thirty-one year old Lyn-Sue put the cat among the pigeons last week by doing something revolutionary. He told the truth. The detective constable confessed in the Montego Bay Resident Magistrate’s Court that he had fabricated witness testimony in the trial of 22-year old Jason James, allegedly a member of the Killer Bee gang.

Well, I didn’t even know such a gang existed. Lyn-Sue openly admitted that it was frustration that had driven him to invent a crown witness complete with incriminating testimony when fear prevented any actual witnesses from testifying. He was aware of various crimes committed by the accused, he said, and thought that getting James off the streets even for a day would be doing society a favour.

Speaking on Nationwide Radio’s This Morning programme the emotional constable said that he realized that his motive did not justify his deed and that he was perfectly willing to face the consequences for his crime of perjury. However he had recently converted to Christianity and found it increasingly difficult to live with what he had done. Owning up to his misdeed had made him feel good, and he felt a sense of relief, he said, even though he realized that the consequences would be dire.

There was something moving, if not awe-inspiring, about this extraordinary admission by the young policeman whose voice vibrated at times with the tension he was obviously feeling, having decided to take this lonely step of owning up to his misconduct, in a culture which appears to prefer to keep the truth behind bars or six feet under while making the sign of the cross and singing sankeys.

to read more go here

PS: As i write this I’m watching Mavado tell Entertainment Report on TVJ about his friend who was shot by a policeman some months ago at a nightclub. To date no investigation has been announced and no action taken against the policeman. Nor is any explanation forthcoming.

What law! what justice Jamaica enjoys after 50 years of independence!

“Out and bad”? The politics of homosexuality in Jamaica

A response to the statement by Senior Jamaican police officer Bailey about the role of homosexuals in crime here.

Clovis, Jamaica Observer, July 13, 2011

The news media in Jamaica continues to score high on the #fail scale. Yesterday several media entities reported that Senior Superintendent Fitz Bailey had announced that young gay men were behind most organised crime in Jamaica. If you watch the video below you will hear Bailey explaining that what he said was that 80-90% of the culprits arrested for the infamous lottery scam which has generated an alarming number of murders in recent years were homosexuals.

Bailey never said anything about organized crime. He was very specific, he was talking about the Lottery Scam and the high number of homosexuals implicated in it.

“I have empirical data to support that. We have the responsibility to investigate these cases (and) we’re not targeting any specific group or saying people should go and attack anyone. All I’m talking about is the profile of the individuals (involved in the lottery scam) just like we talk about the profile of persons who are involved in child sexual exploitation,” SSP Bailey stated Tuesday evening, July 12, on RJR’s daily current affairs discussion programme Beyond The Headlines.

What empirical data is he talking about? According to an interview Bailey gave on Newstalk 93FM this morning the criminals self-identify as homosexual when they are charged so that they can be protected from hostile, gay-hating inmates in prison. Bailey said there was even one ‘area leader’ or don who declared his sexuality openly when arrested. For some reason this puts me in mind of something Marlon James told me in an interview I did with him on The Silo six or so months ago–that he was fascinated by the idea of balletic young [Jamaican] men dancing, machine gun in hand as it were. Here’s a few outtakes from that interview:

–you need the person firing the short sharp shots–the jackhammer–but you also need the person who can survey coz jackhammers can’t heal–

–you need the nuanced take as well…the nuanced take is just as important as the polemic…

–my new novel is about killers, in fact its about the killers of killers…something i’ve always been fascinated by–the people who do the actual killing, not the ones who decide on a hit–

–its funny–you go to Passa Passa (the most hardcore event on the dancehall calendar), there was one guy–you know jamaican dancehall moves are very sort of graceful,  almost effeminate, i know i’m going to get killed for this but its very  ornate and very delicate…and somebody pointed him out to me and said y’know that’s one of the biggest gunmen out here–this whole idea of the super graceful killer, i find it fascinating, you know? almost like a ballet dancer who kills on the weekend…

So its not true that Bailey’s statement, abhorrent as it may seem, was based on observing such superficial tendencies as clothing, mannerisms and speech patterns on the part of the criminals the police had apprehended in the Lottery Scam or the credit/debit card scams–it was based on the high number of those arrested who told the police that they were gay! And as Bailey further explained this was not surprising because if gay prisoners are not kept separate from the straight prisoners it could result in tragedy as it did in 1997 when 16 homosexual prisoners were brutally killed in anti-gay prison riots.

This morning I recieved an email from an old friend. I quote it verbatim for what its worth:

Remember that 60s slogan “I’m Black and I’m Proud?”
Its back with a twist.re: Policeman’s statement that gays are open about their orientation and not hiding it. He said they are major players in lottery scam and Credit Crad/Debit card scam. Also said last kidnapped victim was tortured:

I do believe that the gays are “Gay and Proud” and not afraid to flaunt it.

They are not hiding anymore, at least not the younger, effeminate ones.

We had a couple in our community who would flaunt it in your face, sat on verandah in female panties and bra, ran down one another with machete, had female names for each other, had male only parties, cross dressed, made passes at the census taker and the male teens, prostitution.

Anyway they were sent on their way.
Sure others are still here, male and female but those behave without violence toward one another nor threats to the neighbours.
They moved nearby and started the whole thing all over again so the neighbours marched on their residence.

The situation has changed so Gomes/Jamaicans for Justice must keep up.

I think that before we can proceed all sides need to be heard. The gay rights position has been articulated loudly, clearly and frequently, bolstered by the muscle of international gay rights organizations. It’s time to listen to what some Jamaicans are saying about why they are often driven to hostile thoughts and actions. The fact is that the behaviour described in the email above would attract the same reaction were it heterosexuals who were causing such problems instead of homosexuals.

I end by quoting the kind of nuanced take Marlon James probably had in mind when he mentioned it in that interview. It’s by my dear friend Kei Miller, whose sharp new blog Under the Saltire Flag  has considerably enriched the blogosphere in recent times:

Elephant Man’s 2001 hit ‘Log On’ has always seemed to me to contain contradictory instructions. On the one hand he encourages us to ‘log on’ – to actively participate in the new virtual world of the internet, and perhaps more broadly, to sign up to the future (quite literally, for the act of logging on often requires a name and a password). On the other hand he asks that we ‘step pon chi-chi man’ – that we continue in a posture of virulent homophobia, a regressive attitude which most will agree is incompatible with this other idea of progress.

Unsurprisingly, the song drew the ire of international human rights activists. Yes yes – that again! If you’ve begun to roll your eyes, I can forgive you, because it truly is a tiresome issue. About this, I have always been conflicted. On the one hand I support the idea that basic human rights should be extended to each and every citizen, and wherever this is culturally ambiguous, the law should be made to underline these rights clearly.

On the other hand I feel that a lot of the international human rights campaigns have been compromised by a deep contempt for the societies on whose behalf they campaign.

Look – people are not idiots. There is what a man says, and then again, there is what he actually means. Most people are fully capable of hearing beyond the noise of the first, to the subtlety of the second. So when an activist, in London for instance, says, ‘Oh this is outrageous! Jamaica really ought to protect the rights of its most vulnerable citizens, especially members of the glbt community!’ … what Jamaicans actually hear (and they are usually right) is:  ‘Oh Jamaica, how I pity you! You primitive, savage and barbaric people! Also, I would like you to know that I am better than you!’

You know, it really is contemptuous that a country that took a few hundred years to ‘progress’ in its own attitudes should feel that the rest of the world (very often her former colonies saddled with her discarded laws and her old ideas of morality) should be ‘up to de time’ as soon as she is. And it is a very hard thing for the people of a former colony to accept lessons in human rights from people who for centuries had denied them theirs.

Jamaican attitudes towards homosexuality are shifting. Those who militate on behalf of gay rights here and elsewhere need to respond to this, rather than to non-existent straw men.