{"id":111033,"date":"2020-05-25T14:14:00","date_gmt":"2020-05-25T18:14:00","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=111033"},"modified":"2020-05-25T14:14:13","modified_gmt":"2020-05-25T18:14:13","slug":"commentary-detained-disappeared-dead-culpability","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-detained-disappeared-dead-culpability\/","title":{"rendered":"COMMENTARY: Detained \u2013 Disappeared \u2013 Dead – Culpability"},"content":{"rendered":"
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BY RAWLSTON POMPEY<\/p>

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Restrictions placed upon the citizenry, due to the lethality of the \u2018Coronavirus,\u2019 have changed the full enjoyment of \u2018life and liberty.\u2019 In all these, it was the \u2018freedom of movement\u2019 that may have been seen as the most problematic. This may have shown manifestations when \u2018Falmouth resident Bruce Greenaway\u2019 had been cold-bloodedly murdered. To his distraught family and members of his community, his demise has been captured in the captioned words, \u2018…Detained-Disappeared-Dead and Culpability.\u2019 These words meant; (a)<\/strong> \u2018…anxieties not knowing of his whereabouts; (b)<\/strong> …uncertainties not knowing whom he may have encountered or what he may have endured; and (c)<\/strong> …a life to be endured with everlasting haunting memories.\u2019<\/p>\n

CARDINAL MISTAKE<\/p>

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The latter came when his \u2018…partially decomposed body was reportedly found on the shoreline of Indian Creek\u2019 [April 13, 2020]. His apparent \u2018Cardinal Mistake\u2019<\/strong> may have been the breaching of the \u2018CBH imposed-Curfew and attendant \u2018Emergency Regulations\u2019 [March 26, 2020]. Stricken with sorrow and grief, his family and members of his community, have been asking for answers regarding his \u2018detention, whereabouts and death.\u2019 Yet no information came from those who may have been well-positioned or deemed to know, or may have been reckless not to know. Irrefutably true is the clich\u00e9, \u2018…Dead men tell no tales.\u2019 It now begs the critical question, \u2018…Who killed Bruce Greenaway?\u2019<\/p>

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PERSPECTIVE<\/strong><\/p>\n

Anguished over his detention and sudden disappearance, a family and community were not only left to mourn, but also to grieve eternally over his \u2018untimely, unexpected and unexplained death.\u2019 It specifically looks at the fundamental issue of \u2018Criminal Culpability\u2019 for his death. Still shrouded in complete secrecy, the deceased\u2019s \u2018detention; …disappearance and death,\u2019 speaks to; (i) …premeditation; or (b) …behavioral recklessness.\u2019 What shall be ascertained is who might be held \u2018Criminally Culpable.\u2019 Moreover, it speaks to who might be charged with the heinous crime of (a) \u2018Murder or the lesser crime of (b) \u2018…Manslaughter.\u2019 This commentary looks at the; (i)<\/strong> \u2018…Detention, lawful or unlawful: (ii)<\/strong> …Disappearance and mysterious death of Falmouth resident Bruce Greenaway; and (iii)<\/strong> …Who might be made amenable to the criminal law.\u2019<\/p>

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LIVING NIGHTMARES<\/p>\n

Through the years, the nation and people have experienced the wrath of nature\u2019s most destructive elements. While the loss of life may have been negligible in numbers, nature\u2019s fury had left many lives distraught. For many people, life became a \u2018Living Nightmare.\u2019<\/strong> After the pandemic \u2018Coronavirus or Covid-19 showed evidence of wreaking havoc within the \u2018community of nations,\u2019 the approximately 100, 000 population of the tiny \u2018Caribbean nation of Antigua and Barbuda\u2019 was made to prepare for its deadly onslaught. Unscheduled and unexpected visits by the dangerous virus were imminent. It was on its way to see what might be done to reduce the population and economic health of the nation.<\/p>

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CONTINGENCIES – STATE RESOURCES<\/p>

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The \u2018Virus of all Viruses,\u2019 was considered more destructive to human life, than has been a \u2018Category 5 Hurricane.\u2019 Fear and anxiety gripped those who felt that they were likely to be sent to \u2018Glory.\u2019 Recognizing the carnage in other nations, the Gaston Browne-led administration not only assessed the situation, but also put \u2018Contingencies\u2019<\/strong> in place. These were for the purposes of mitigating the immediate and long term consequences to the health of the citizenry, and by extension, the nation\u2019s well-being. Consequent upon these, \u2018State Resources\u2019<\/strong> were wisely utilized. The primary purposes for the measures considered and taken, were; (i)<\/strong> \u2018…Preventing; and (ii)<\/strong> …Containing and controlling the spread of the deadly \u2018Coronavirus or COVID-19.\u2019 For their \u2018preventive usefulness,\u2019 several agencies were mobilized to patrol the communities.<\/p>\n

DISCERNING SPIRIT<\/p>\n

More of a \u2018Discerning Spirit\u2019 than possessing \u2018psychic powers,\u2019 Prime Minister Gaston Browne may have anticipated that the; (a)<\/strong> …Proclamation of a State of Public Emergency,\u2019 life for the citizenry will have come with some measure of hardship and difficulties. These were situations that the populace would find inescapable. When Governor General, His Excellency Sir Rodney Williams KCN, MBBS acted upon his advice and so declared a \u2018State of Public Emergency\u2019 [CO: 1981: Section 20]; and (b)<\/strong> …the CBH Board\u2019s imposed a nation-wide Curfew [SI: Nos. 16 & 27 of 2020], \u2018Emergency Powers\u2019 fell into the hands of members of the \u2018Security Forces.\u2019<\/p>\n

USING DISCRETION<\/p>\n

Crisis or no crisis, it has often been the case when the overzealous becomes reckless and their actions become uncontrollably erratic. Conscious of the unpredictable nature of man and anticipating that the citizenry might be faced with \u2018Collateral Horrors,\u2019<\/strong> the Prime Minister appealed in earnest to the \u2018Security Forces\u2019 to \u2018Use their Discretion\u2019 [May 27, 2020]. Though he may not have feared there would be; (a)<\/strong> \u2018…weeping and mourning; (b)<\/strong> …endless sorrow and a lifetime of grief,\u2019 in the currency of the situation, there was good reasons to appeal to their sense of understanding of what was facing the citizens, their sense of wisdom and good judgment.<\/p>\n

COMBINED SECURITY FORCES<\/p>\n

When he implored members to \u2018use their discretion,\u2019 he was speaking to the commanders of the \u2018Combined Security Forces.\u2019 He was in fact speaking to; (i) …The Military; (ii) …Police; (iii) …ONDCP; (iv) …Immigration Department; and (v) …Customs Department.\u2019 He expected that the personnel of these agencies shall not become overly aggressive, intimidatory or abusive when exercising \u2018Emergency Powers.\u2019 Even with such an appeal, the apparent ill-mannered and poorly trained or operationally-untrained members,\u2019 demonstrated little or no understanding of the existing situation.<\/p>\n

STATE OF WAR<\/p>\n

Many have shown no appreciation to the dignity and worth of the human person. Moreover, many appeared to have lacked the understanding; (i)\u2019…The nation was not in a \u2018State of War; (ii)<\/strong> …that the citizens were not enemy-combatants; (iii)<\/strong> …that there were no internal disturbances; and (iv) <\/strong>…that there was no imminent threat to governance and National Security.\u2019 Had there been any of these situations, then there may not have been no \u2018window of opportunity\u2019 to facilitate affected citizens in leaving their residences to obtain essentials, such as food, water or medicine, while under lockdown or national Curfew.<\/p>\n

STATE OF UTOPIA<\/p>\n

Through the \u2018Spirit of Discernment,\u2019 he may have also anticipated that the actions of a few might not only compromise citizen\u2019s safety, but may also become cause for \u2018national concern.\u2019 While he and his administration, together with \u2018Health Minister Molwyn Joseph\u2019 intended no harm to the \u2018health of the nation\u2019 by the pandemic \u2018Coronavirus,\u2019 globally called \u2018COVID-19,\u2019 both neither intended any physical harm to be inflicted upon the citizenry by any agent of the State. Though not harboring thoughts of being in a \u2018State of Utopia,\u2019 some \u2018gun-toting members of the \u2018Security Forces,\u2019 seemed to have become more of a threat to the safety of the citizens, equally as much as that posed by the deadly \u2018Coronavirus.\u2019<\/p>\n

FRAUGHT WITH DANNGER<\/p>\n

Then there was the issue of the \u2018Eustace \u2018Tiko\u2019 Lake-led Central Board of Health (CBH) Regulations. Little did the administration may have realized that the \u2018Drafters\u2019 had inserted a \u2018Clause\u2019 that seems \u2018Fraught with Danger.\u2019 The dangerous Clause\u2019 has the inserted words \u2018…Use of force, if necessary.\u2019 <\/strong>Had this been a \u2018Bill\u2019 tabled for Parliamentary debate and consideration, two of the more keenly observant legislators, the apparent transformed \u2018Dean Jonas and the precocious Asot Michael\u2019 may have readily pointed out the \u2018Dangerous Clause\u2019<\/strong> to \u2018House Speaker Sir Gerald Owen Anderson Watt KCN, QC.\u2019 Even so, it may have been the latter who may have been speaking \u2018passionately, purposefully and persuasively\u2019 to sitting Members to \u2018revisit and remove the \u2018troubling words.\u2019<\/p>\n

CONTROVERSIAL REGULATIONS<\/strong><\/p>\n

Interestingly, the \u2018Controversial Regulations,\u2019 appeared to have been unsuspectingly foisted upon \u2018Health Minister Molwyn Joseph\u2019 who affixed his signature. These Regulations may have been completely repealed and replaced. Instructively, though it was only Regulation 5A that had been \u2018repeal and replacement,\u2019 the \u2018Antigua and Barbuda Official Gazette,\u2019 makes reference to the \u2018Principal Regulations\u2019 [SI: No. 16 of 2020]. To all intents and purposes, it speaks only to Section \u2018…5A\u2019 as having been repealed and replaced. Thus, it refers to, \u2018…Special measure applicable to the period\u00a0 9th<\/sup> April, 2020 to 16th<\/sup> April, 2020 for the further control of the\u00a0 spread of the dangerous infectious disease \u2018COVID-19\u2019 [VOL: XL: No. 21: April 7, 2020].<\/p>\n

BOARD\u2019S DIRECTIONS<\/p>\n

It further states, \u2018…These special measures shall take effect from 6am on Thursday 9th<\/sup> April, 2020 to 6am on Thursday 16 April, 2020.\u2019 Ironically, the \u2018CBH Board\u2019 (not Cabinet), \u2018…directs that the following special measures be observed throughout Antigua and Barbuda.\u2019 The Regulations speaks to (i<\/strong>) …The duration; (ii)<\/strong> …Restriction of freedom of movement; (iii)<\/strong> …Mandatory Curfew; (iv)<\/strong> …Social distancing; (v)<\/strong> …Wearing of mask in public; (vi)<\/strong> …Education and religious instructions; (vii)<\/strong> …Restrictions on social gathering; (viii)<\/strong> …Restriction on road traffic; (ix)<\/strong> …Restriction on Children; (x)<\/strong> …Closure of businesses; and (xi)<\/strong> …Closure of beaches\u2019 [Statutory Instrument: Nos. 16 & 27 of 2020].<\/p>\n

ENFORCEMENT CLAUSE<\/p>\n

The Drafters seemingly anticipated that some citizens will be suspected of being afflicted with \u2018COVID-19. Thus, as contained in the \u2018Principal Regulations,\u2019 the \u2018Enforcement Clause\u2019 states; \u2018…The Board may by force, if necessary, enforce any Order given under these Regulations.\u2019<\/strong> Thus, members of the \u2018CBH Board\u2019 were empowered to act appropriately. It further states, \u2018…A person who refuses to comply with an Order may be taken into quarantine under such conditions and in such place as the Board may approve for the quarantine of persons\u2019 [Statutory Instrument: No. 16 of 2020: Section 6].<\/p>\n

EMERGENCY POWERS<\/p>\n

Clearly not guided by the enforcement of \u2018Emergency Powers\u2019 [CO: 1981: Section 17], the Security Forces\u2019 appeared to have concerned themselves only with the respective \u2018Ministerially-signed and \u2018Eustace \u2018Tiko\u2019 Lake-led 9-member Central Board of Health (CBH) made and signed \u2018Regulations.\u2019 The regulations were legitimized by two \u2018Statutory Instruments,\u2019 fictionally considered to have been given legislative status\u2019 [Nos. 16 & 27 0f 2020]. The mischief aimed by the \u2018CBH Board,\u2019 was primarily to ensure that; (i)<\/strong> …The citizenry behaved responsibly and act in compliance with stipulated conditionalities of; (a) \u2018…Social distancing; and (b) …Wearing of masks in the public domain; and (c) …Remain at their residence during the nighttime Curfew.\u2019<\/p>\n

ZEAL AND STUPIDITY<\/strong><\/p>\n

Drafters of the \u2018Constitution Order\u2019 anticipated that there might be situations that may require urgency of attention and appropriate measures to address them. They also anticipated that those \u2018Enforcing Emergency Powers\u2019 <\/strong>might also be reckless, even when there were \u2018Foreseeable Consequences\u2019 of their action. The framers also anticipated that as opposed to using a \u2018commonsense approach to sensitive situations, \u2018Zeal and Stupidity\u2019 <\/strong>may impair the judgment of some members of the \u2018Security Forces.\u2019 It may have been for their insights and collective wisdom, that they have inserted these safeguards in the \u2018Constitution.\u2019<\/p>\n

RIGHT TO LIFE<\/strong><\/p>\n

It states, \u2018…Except as otherwise expressly provided\u00a0 in this Constitution, no law may; (i)<\/strong> …Abrogate; (ii)<\/strong> …Abridge; (iii)<\/strong> …Infringe the fundamental rights and freedoms of the individual hereinbefore recognized and declared\u2019 [CO: 1981: Section 19]. In short, the \u2018Constitution\u2019 makes it sufficiently clear that no law may \u2018authorize the abrogation or abridgment or the infringement of, or \u2018Deprivation of life.\u2019 <\/strong>Thus, this provision expects even; (i) \u2018…The State; (ii) …Its agencies; and (iii) …Its agents\u2019 to respect the \u2018Sanctity of Life\u2019 <\/strong>by ensuring the \u2018Right to Life\u2019 [CO: 1981: Section 4].<\/strong><\/p>\n

RESTRICTIVE MOVEMENT<\/p>\n

Then there was the critical issue of \u2018Enforcement\u2019 of the \u2018Board\u2019s Regulations and Curfew.\u2019 Though these were not specifically intended to be enforced by members of the \u2018Security Forces\u2019 Commanders of the identified agencies, shared responsibility for enforcement. Given the intent and purpose for \u2018Restrictive movement,\u2019 one of the Regulations states, \u2018…Except as provided herein, every person shall remain confined to his or her place of residence to avoid contact with others who do not form part of his or her immediate household occupant\u2019 [Statutory Instrument: No 27 of 2020: Section 2 (2)]. This appeared \u2018pregnant with enforcement problems\u2019 that may have manifested when \u2018Falmouth resident Bruce Greenaway\u2019 was reportedly \u2018detained and released from safe custody, only to be found dead\u2019 some four days later.<\/p>\n

CRACK OF DAWN<\/p>\n

By the \u2018Crack of Dawn,\u2019<\/strong> Thursday, April 9, 2020, the \u2018CBH Board\u2019s Regulations and Curfew\u2019 took effect. By twilight, as the shadows lengthened, marking the end of daylight; feathered stock wend their way to their nests; …roaming and domesticated animals retreated to their places of rest; while nocturnal animals advanced from their resting places to rummage for foods. Then as darkness descended upon the nation members of the \u2018Combined Security Forces\u2019 combed the streets. They were to ensure that citizens were compliant with the \u2018Curfew and Regulations.\u2019 The \u2018non-compliant were reportedly nabbed and taken into custody.\u2019 Given one of the mischiefs aimed in the Regulations- prosecution, this necessarily meant formal charges of \u2018Breaching Curfew\u2019<\/strong> [SI: Section 5 (i) (c): No. 16 of 2020].<\/p>\n

HORRIBLE AND PAINFUL DEATH<\/p>\n

Violators would have been readied for Court appearances by \u2018…9am the following day. Facing the hefty \u2018Fixed Penalty of EC$5, 000,\u2019 those defaulted, would have faced penal residency of six months\u2019 [Section 7]. Though \u2018Falmouth resident Bruce Greenaway\u2019<\/strong> was reportedly detained by members of the \u2018Security Forces,\u2019 he was neither slapped with a \u2018Breaching Curfew Charge,\u2019 nor readied for a following-day Court appearance before the \u2018Magistrate\u2019s Court.\u2019 These three little words; (i) \u2018…Detention; (ii) …Disappearance; and (iii) …Death;\u2019<\/strong> meant that \u2018Tragedy had Struck.\u2019 Without harboring pre-conceived ideas or arriving at pre-mature conclusions, the circumstances under which he came to his death and where it appeared that force or violence may have been brutally or mercilessly used meant a \u2018horrible and painful death.\u2019<\/p>\n

FUNDAMENTAL QUESTIONS<\/strong><\/p>\n

The detained \u2018Curfew Violator\u2019 reportedly \u2018disappeared\u2019 from his family and community. Four days later, as \u2018blue flies reportedly buzzed busily and noisily\u2019 around his lifeless and partially decomposed body, it was obvious that he had met a mysterious, but violent death\u2019 [Between April 9 and 13, 2020]. There are still other \u2018Fundamental Questions;\u2019 (i)<\/strong> …Was the deceased lawfully detained? (ii)<\/strong> …When, where and how he was detained? …By whom he was detained? (iii)<\/strong> …Did he submit peacefully to detention? (iv)<\/strong> …Was the detainer assisted by any other person? (v)<\/strong> …If so, by whom? (vi)<\/strong> …Was he detained alive? (vii)<\/strong> …Was he conveyed to a Police Station\/Command Post? (viii)<\/strong> …Does the official records reflect his detention, detainer and reasons; (ix)<\/strong> …Was the detainee released alive? (x)<\/strong> …Was he conveyed or escorted to his home?\u2019<\/p>\n

ARREST OR DETENTION<\/strong><\/p>\n

Under the \u2018Eustace \u2018Tiko\u2019 Lake-led Central Board of Health Board (CBH)\u2013made Regulations,\u2019 that which shall be clearly understood is that such Regulations provide no \u2018…Powers of Arrest or Detention\u2019 [Statutory Instrument: No. 27 of 2020]. Consequent upon the deceased detention, be it under the constitutional provisions or any law made by Parliament, he was owed the \u2018protection of the Security Forces, and by extension, the law. This is not only contained in the Constitution, but also in the \u2018Universal Declaration of Human Rights.\u2019 Such declaration states inter alia, \u2018…All are equal before the law, and are entitled without any discrimination to equal protection of the law\u2019 [Article 7].<\/p>\n

CULPABILITY<\/strong><\/p>\n

Any death that does suggests \u2018Unnatural Causes,\u2019 there has always been the all important question of \u2018Culpability.\u2019 <\/strong>Though not necessarily easy, this can still be resolved by proper investigation into the circumstances surrounding the \u2018Detention and Release.\u2019 In the instant case, an important aspect of the investigation will most certainly be to ascertain whether or not the deceased was (i)<\/strong> \u2018…Detained as constitutionally provides under the \u2018State of Public Emergency.\u2019 If so, why he may not have been kept safely detained at the official \u2018Command Post\u2019 he was reportedly taken and for reasons of accountability, officially processed [CO: 1981: Section 17 (i) (a)].<\/p>\n

WHO STRANGLED BRUCE GREENAWAY?<\/strong><\/p>\n

Privileged information, a \u2018Pathologist Report\u2019 suggested \u2018Strangulation\u2019 as the \u2018Cause of Death.\u2019 Any person, who might be involved, whether directly or indirectly, shall be held \u2018criminally responsible\u2019 <\/strong>for his \u2018unexplained demise.\u2019 It is the professional experience that incidents like these, the shrewd investigators know that it is of paramount importance to conduct thorough and extensive investigations,\u2019 particularly as it relates to the conduct of; (i) \u2018…A Coroner\u2019s Inquisition; or (ii) …Institution of Criminal proceedings.\u2019<\/strong> The all important question however, is; \u2018…Who strangled Bruce Greenaway?\u2019 <\/strong>\u00a0Most importantly, as the pathologist\u2019s \u2018Report\u2019 suggests a \u2018Cause of Death\u2019 as due to \u2018Strangulation,\u2019 \u2018…Who shall be held culpable for his death?\u2019<\/p>\n

CULPABILITY<\/strong><\/p>\n

As far as an Inquisition is concerned, the \u2018Coroners Act\u2019 speaks to such \u2018Causes\u2019 this way, \u2018…Unnatural Death\u2019 includes every case of death of any person which; (a)<\/strong> \u2018…Occurs in a sudden, violent or unnatural manner; (b)<\/strong> …Where a dead body is found; (c)<\/strong> …In which\u00a0 any reasonable suspicion exists that the death has not arisen from \u2018Natural Causes;\u2019<\/strong> and (d) …In which reasonable suspicion exists that any person is criminally responsible for such death\u2019 [Coroners\u2019 Act: Chapter 105: Section 2]. There is hope in knowing what may have occurred on the night the deceased took the fateful walk onto the \u2018Falmouth Public Road\u2019 [April 9, 2020]. Where a death occurred \u2018unnaturally,\u2019 the \u2018Coroners Act\u2019 states, \u2018…A Coroner shall hold an Inquest as to the cause and circumstances of such death\u2019 [CA: Section 9].<\/p>\n

CONSTITUTIONAL PROVISIONS<\/p>\n

It is the professional knowledge that persons, whether lawfully or unlawfully detained under a \u2018State of Public Emergency and Curfew\u2019 are to be kept in the \u2018safe custody of the detainer.\u2019 Thus, persons acting in violation of a \u2018Curfew\u2019 shall not be released back onto the street and into the \u2018restricted period of time\u2019 they are required to be confined at their residences or places of abode as stipulated by the Regulations\u2019 [SI: No. 27 of 2020: Section 2].<\/p>\n

CONCLUSION<\/p>\n

From a professional perspective, the decision to release a detainee \u2018from the safe custody of a detainer,\u2019 speaks to nothing short of; (a) \u2018…Callous disregard for the mischief aimed in the Regulations; and (ii) …Lack of concern for the safety of the detained.\u2019 In the existed situation, specifically under a; (i) \u2018…State of Public Emergency; (ii) …Under Curfew restrictions; (iii) Enforcing Emergency Powers,\u2019 releasing any \u2018detainee\u2019 from the safe custody of Security personnel, exposing him to foreseeable or unforeseen danger, speaks not only to gross dereliction of duty,\u2019 but also negligence, capable of being described as \u2018professional recklessness.\u2019 Given the unfortunate tragic loss of life, it begs the questions; (i) \u2018…What compelling reasons prompted or influenced the release of detainee Bruce Greenaway; (ii) …Who might be held accountable for such decision? (iii) Whether directly or indirectly, \u2018…Who might be held culpable for the cold-blooded and senseless killing of Bruce Greenaway?\u2019<\/p>\n

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BY RAWLSTON POMPEY Restrictions placed upon the citizenry, due to the lethality of the \u2018Coronavirus,\u2019 have changed the full enjoyment of \u2018life and liberty.\u2019 In all these, it was the \u2018freedom of movement\u2019 that may have been seen as the most problematic. This may have shown manifestations when \u2018Falmouth resident Bruce Greenaway\u2019 had been cold-bloodedly […]<\/p>\n","protected":false},"author":3,"featured_media":111034,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-111033","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Detained \u2013 Disappeared \u2013 Dead - Culpability - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-detained-disappeared-dead-culpability\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Detained \u2013 Disappeared \u2013 Dead - Culpability\" \/>\n<meta property=\"og:description\" content=\"BY RAWLSTON POMPEY Restrictions placed upon the citizenry, due to the lethality of the \u2018Coronavirus,\u2019 have changed the full enjoyment of \u2018life and liberty.\u2019 In all these, it was the \u2018freedom of movement\u2019 that may have been seen as the most problematic. 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