{"id":124719,"date":"2021-03-02T08:16:46","date_gmt":"2021-03-02T12:16:46","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=124719"},"modified":"2021-03-02T10:44:38","modified_gmt":"2021-03-02T14:44:38","slug":"commentary-behavior-of-state-agencies-and-agents","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/","title":{"rendered":"COMMENTARY: Behavior Of State Agencies And Agents"},"content":{"rendered":"
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by Rawlston Pompey<\/strong><\/p>

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The \u2018Coronavirus,\u2019 <\/strong>reasonably suspected to have originated in the \u2018Far East,<\/strong>\u2019 has escaped from \u2018Wuhan City, China\u2019 <\/strong>to the\u2018West.<\/strong>\u2019 Likened to other nations, it has wended its way across frontiers onto the shores of \u2018Antigua and Barbuda.\u2019<\/strong> It has unleashed upon the citizenry, collateral and \u2018Innumerable Difficulties.\u2019 <\/strong>Foremost, it has altered; (a) \u2026Normality in life and socialization; (b) \u2026Wreaked havoc on global economies. and (c) \u2026Caused and continue to cause immense and complete miseries, particularly for people in close proximity or living at the \u2018Edge of Poverty.\u2019<\/strong> In their lives, it has replaced whatever little glimmer of hope with sorrowful and painful hopelessness.<\/p>\n

OVERWHELMED<\/strong><\/p>

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Many places have been said to have been \u2018Overwhelmed.\u2019<\/strong> The spread may very well have started with \u2018Home Self-Quarantine.<\/strong>\u2019 The accommodating capacity of; (a) \u2018Quarantine facilities; (b) \u2026Isolation centers; (c) \u2026Hospitals; (d) \u2026Undertakers; (e) \u2026Grave diggers; and (f) \u2026Cemeteries,\u2019 have now been begging for space. <\/strong>Consequent upon the need to prevent infections of; (i)<\/strong> \u2018\u2026Family; (ii)<\/strong> \u2026Religious and Learning institutions; (iii) <\/strong>\u2026General public; (iv)<\/strong> \u2026Business establishments; (v)<\/strong> \u2026Communities; (vi)<\/strong> \u2026Sports facilities: and (vii)<\/strong> \u2026Cinemas and entertainment houses,\u2019 tight containment measures have been implemented.<\/p>

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SAFER AT HOME<\/strong><\/p>\n

It has been well over eleven months since the deadly descended upon the impoverished tiny twin-island nation, and it appears not in not to be in any hurry to leave. This virus, like humans often behave in two strange ways- \u2018Attack and Kill.\u2019<\/strong> Unlike \u2018Fleecing Fugitives Fleeing,\u2019<\/strong> from international justice, any place is home. Respecting the \u2018Coronavirus,\u2019 not even the virus could keep it out of the lungs of people or out of \u2018Antigua and Barbud. Besides, there is really no place to run, and no haven to hide. Fugitives or not, infections or exposure or not, the only way to avoid it, is at home. Follow the established protocols. Now; Wear masks; \u2026Wash hands; \u2026Keep away from clusters; \u2026Keep away from Ticketers.<\/strong> Avoid confusing this word with picketers. Be at home before 6 pm.\u2019 Avoid being \u2018Quarantined or Isolated,\u2019<\/strong> be it at home or away from home.<\/p>

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CURFEW DETENTION- DEATH BY STRANGULATION<\/strong><\/p>\n

When Falmouth resident \u2018Bruce Greenaway,\u2019<\/strong> sequentially reported; (i)<\/strong> \u2018\u2026Detained for Curfew violation: (ii)<\/strong> \u2026Taken to a Security Forces\u2019 Outpost Post; (iii)<\/strong> \u2026Released back into the Curfew period; (iv)<\/strong> \u2026Reported missing [April 9, 2020]; and (v)<\/strong> \u2026Partially decomposed body found at the water\u2019s edge at the \u2018Indian Creek Bay,\u2019 <\/strong>the family wept, mourned and grieved, while the nation revulsed [April 13, 2020]. Fearing public wrath, the authorities prudently gave assurances that these rather suspicious developments would be criminally investigated. Eventually, closure was brought when \u2018one Police officer and three Military personnel\u2019<\/strong> of a then isolated \u2018Security Forces Outpost\u2019 <\/strong>overlooking the \u2018Nelson Dockyard\u2019<\/strong> were duly charged with his \u2018Strangulation Murder\u2019<\/strong> [CMC: June 8, 2020]. Thenceforth, the citizenry became mortally afraid of the name called \u2018Security Forces.\u2019 <\/strong>Learn from his experience. Stay at home.<\/p>

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DUSK-TO-DAW CURFEW<\/strong><\/p>

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This incident, occurring early in the declared \u2018Dusk-to-Dawn Curfew,\u2019 <\/strong>saw melancholic feelings gripped the entire nation by a criminal act so heinous as to have caused angst against the Law enforcement community [March 9 & 13, 2020].<\/strong> The ensuing periods, then became \u2018Nights of Horror.\u2019 <\/strong>The gravity of the apparent brutal murder also prompted a cautionary response from area representative, \u2018E.P. \u2018Chet\u2019 Greene.\u2019<\/strong> Speaking to the incident, without rancor, yet with resolve, indirectly he cautioned \u2018Commanders of the Security Forces,\u2019 not to \u2018Trespass upon the patience of the bereaved family and people of the Falmouth and surrounding communities\u2019 [May 15, .2020].<\/strong> That which this incident has evoked was that which history has archived for posterity.<\/p>\n

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

This commentary, focuses on the behavior of; (i) \u2026Magistracy as if affects the \u2018Pastor Uriah Taylor\u2019s inordinate trials delay and (ii) The \u2018Behavior of the Security Forces.\u2019<\/strong> It also looks at; (a)<\/strong> \u2018\u2026Advocacy for stiffer penalties; (b) \u2026Cabinet\u2019s disapproval.\u2019 An observable \u2018Enforcement Blunder\u2019<\/strong> duly pointed out and featured in commentaries in mainstream and on social media, has been \u2018Power of Arrest.\u2019 <\/strong>Harboring the view that a \u2018Body Corporate\u2019<\/strong> can and does make \u2018Statute Law,\u2019 <\/strong>is to believe that a \u2018Pig danced a jig for a fig\u2019<\/strong> [Mighty Sparrow]. For reasons of applicability no \u2018Body Corporate\u2019s\u2019 shall make its own Regulations and empower a caused to be reside in a law enforcement personnel \u2018Powers of Arrest.\u2019 <\/strong>The enactment of laws has always been the \u2018Legislative Function\u2019<\/strong> within the Chambers of Parliament.<\/p>\n

NON-CRIMINAL BEHAVIOR<\/strong><\/p>\n

Undoubtedly, the global pandemic has been victimized, and continues to victimize the health of people. Conscious how it may have started, Prime Minister Gaston Browne was first to indicate that the Virus spread started during the Yuletide Season when \u2018\u2026some 1200 returning nationals who were self-quarantined had violated the quarantine\u2019 <\/strong>to intermingle with residents of their communities. While States have not only taken restrictive measures against their nationals for breaches, law enforcement have been busily making people criminals for \u2018Non-Criminal Behavior.\u2019<\/strong><\/p>\n

PHYSICAL DISTANCE BY TICKET<\/strong><\/p>\n

Those being so made amenable, know that the penal institution was not only over-crowded with convicted criminals, but also overran and overwhelmed with; (a)<\/strong> \u2018\u2026Curfew breakers; and (b)<\/strong> \u2026Covid-19 protocol violators.\u2019 Seemingly, when the Virus knocked down a few of the apparent \u2018overly-officious enforcers,\u2019 it dictated a \u2018Social; Na-a-ah! Violators never \u2018Socialize\u2019 with those that seeks to further pauperize or Quarantine them at the lone penal institution. The adopted approach \u2018Physical Distance by Ticket.\u2019 This too, became a \u2018Virus\u2019 to violators, whose \u2018Quarantine and Isolation Centers\u2019<\/strong> became the \u2018Magistrate\u2019s Court and Prison.\u2019<\/strong><\/p>\n

TICKETING VIRUS<\/strong><\/p>\n

Within this jurisdiction, Law enforcement personnel are guided by no other statutory enactment, but the \u2018Police Act\u2019 [Sections 22 & 23: Chapter 330].<\/strong> Some officers were known not to have positioned themselves as to be properly informed of their; (i) \u2026Powers; (ii) \u2026Duties; and (iii) \u2026Responsibilities.\u2019<\/strong> Frequently, some danced faster than the music they would have heard playing. Some have danced to the wrong beat. <\/strong>Unless, there was \u2018Cross-Fertilization of Agency\u2019<\/strong> roles,\u2019 the \u2018Public Health Act\u2019 [Chapter 353],<\/strong> guides those within the \u2018Central Board of Health (CBH).\u2019 It may not necessarily have been the extremity of the \u2018Measures\u2019<\/strong> citizens have been worrying about, but the approach and attitude encountered by them. This may have been manifested when statistics suggested that the indigent violators have been sweltering from the infections of a \u2018Ticketing Virus.<\/strong>\u2019 Cost of a Vaccine EC$500.\u2019<\/strong><\/p>\n

NORMALITY v EMERGENCY<\/strong><\/p>\n

The discussion begins right here. In a democracy, though in a state of \u2018Normality,\u2019<\/strong> \u2018States\u2019<\/strong> invariably behave in peculiar ways. In a \u2018State of Public Emergency,<\/strong>\u2019 expect \u2018States\u2019 to behave in ways that marvels. The abnormal situation \u2018Covid-19\u2019 has caused globally, \u2018States,\u2019<\/strong> out of expediency are often forced to suspend democratic \u2018Constitutions\u2019 in which the \u2018Protection of the fundamental rights and freedoms of the individual\u2019<\/strong> are enshrined [CO: 1981: Chapter 2]. Yet this is what the State has declared; \u2018\u2026No person is permitted to; (i) \u2018\u2026Be in any motor vehicle; (ii) \u2026Supermarket; (iii) \u2026Market; (iv) \u2026Street; or (v) \u2026Public place without wearing a face mask\u2019<\/strong> [Statutory Instrument: Section 7 (2): No.27 of 2020]. By such instrument, the \u2018Regulations\u2019<\/strong> have the force of law.<\/p>\n

PENALTY – HARDSHIP – MISERY<\/strong><\/p>\n

That which may have been viewed as most distressing, if not petrifying were quotes by mainstream media attributed to the livid Minister. He intimated propositions to Cabinet, saying; (i) \u2018\u2026We will increase the fines two-fold to hurt them where it matters most; and that (ii) \u2026When people are convicted, they get a \u2018Criminal Record\u2019 and that may affect their chances of being considered for gainful employment [Observer: February 2, 2021].<\/strong> Though not necessarily brutal in nature, such thinking and such rationale brought vividly into focus grim reminder of that which was then obtained under those brutal regimes.<\/p>\n

GOODLY MINISTER<\/strong><\/p>\n

Interestingly, where the \u2018Goodly Minister\u2019<\/strong> saw a stiffer penalty, the \u2018Cabinet\u2019<\/strong> saw extreme hardship and chronic financial misery. Recognizing the currency of the situation and appreciating that in better times, there may have been no need to tighten restrictions on the populace, \u2018Cabinet\u2019<\/strong> would have none of it. Wisdom prevailed over sentiments apparently spurred by emotions. Realizing that which was proposed could have been called draconian, men of wisdom and understanding, reason and conscience, yielded not to the temptations of the devil. It may be reasonably assumed that \u2018Members of Cabinet\u2019<\/strong> were very much aware of the acuteness with accommodation and the sub-human conditions existed. This has been made sufficiently clear to every member of Cabinet by \u2018Prison Reform Activist, Jessica Thompson.\u2019<\/strong><\/p>\n

HAWK-LIKE PREYING INSTINCT<\/strong><\/p>\n

Seemingly out of enthusiasm or environmental pressure, enforcers have been likened to the preying instinct of \u2018Chicken hawks.\u2019 <\/strong>Known more for their rigidity than for their empathy they continue to swoop down on members of the public with \u2018Hawk-like Preying Instinct.\u2019 <\/strong>As a consequence, their wrath has been descending upon those, opportunistically, barely eking out a livelihood. This may have been the experience of a \u201819-year-old youth.\u2019 <\/strong>He had merely crossed the street, not for mischief, but out of necessity, to fetch a disposable receptable of food. This was in satisfaction of his physiological need, instructively, costing less than \u2018EC$15.00.\u2019 <\/strong>He reportedly possessed no more than\u2018EC$20.00,<\/strong>\u2019enough for a satisfying meal and ground transport.<\/p>\n

FOR THE KILL<\/strong><\/p>\n

Though he possessed a face mask, it was not at the time being worn. Mild-mannered and smartly attired, as he reportedly, in purposeful haste stepped across the public road from his workplace, adversity came upon him. Notwithstanding the role, sometimes made difficult by the citizenry, members of the \u2018Security Forces\u2019<\/strong> shall not ignore the fact that the relationship between \u2018citizen and State,\u2019<\/strong> is dependent upon the way those wielding power or exercising authority, relate or treat the citizenry. Reports suggested that while scurrying back across the street to have his \u2018Fill,\u2019<\/strong> overzealous members of the \u2018Security Forces,\u2019 <\/strong>with no appreciation for the \u2018Spirit of Law\u2019<\/strong> or a reasonable and justifiable use of discretion, moved right in for the \u2018Kill.\u2019<\/strong>Without asking if he possessed the requisite mask, he was slapped a \u2018Fixed Penalty Ticket of EC$500. 00.\u2019<\/strong> This had not only killed both his spirit and appetite, but also drained the pockets of his \u2018financially-challenge parents\u2019<\/strong> [St. John\u2019s: February 15, 2021].<\/p>\n

DEVASTATING AND DISHEARTENING<\/strong><\/p>\n

Likened to the adversities faced by on world populations, a people\u2019s health and wellness, along with a fragile tourism-based economy, continue to reel under its adverse effects. The overall impact has been as \u2018Devastating\u2019<\/strong> as it has been \u2018Disheartening.\u2019 <\/strong>Consequent upon its rapid spread and deadly consequences, in preventing population spread,\u2019 it became more than necessary for restrictive measures to be imposed upon the nation. Though concentrated areas have not been officially identified, likened to a tidal wave, the virus, said to be making its presence felt and the non-compliant people feel.<\/p>\n

PENALTY SECTIONS<\/strong><\/p>\n

It has also been the same period of time that practicing attorney-at-law, \u2018Charlesworth Tabor\u2019<\/strong> has reportedly been endeavoring to engage the attention of \u2018CBH Board Chairman, Eustace \u2018Tiko\u2019 Lake.\u2019 <\/strong>He has made observations of certain variances contained in the \u2018Statutory Instruments.\u2019<\/strong> One that obviously cannot be successfully argued as being lawful has been the \u2018Penalty Section\u2019 <\/strong>enacted in the \u2018Principal Act\u2019 [Section 177: Public Health Act: Chapter 353] under which the Regulations were made and that at variance with hat contained in the \u2018Statutory Instruments<\/strong>-amended and that currently exists [SI: No. 10 of 2021]. His efforts at alerting the \u2018CBH Board\u2019 of the \u2018Flaw-In-Law\u2019 appeared to have been futile.<\/p>\n

BELATEDLY RECOGNIZED<\/strong><\/p>\n

It can be said without another contradictory \u2018Parliamentary Enactment,\u2019<\/strong> that the imposable fine of \u2018EC$500\u2019<\/strong> stipulated in the law [Section 177: PHA: Chapter 353], is as genuine as the \u2018Moderna Vaccine\u2019<\/strong> \u2018Prime Minister Gaston Browne\u2019 reportedly submitted himself for inoculation. The issuance of a \u2018Fixed Penalty Ticket of EC$500\u2019<\/strong> for non-wearing of face masks, now manifestly appear to lend legitimacy to such \u2018Fixed Penalty. Though \u2018Belatedly Recognized,\u2019 <\/strong>and ironically, \u2018Masked\u2019<\/strong> in an implementable \u2018Enforcement and Administration\u2019 <\/strong>exercise, it is still commendable that the \u2018CBH Board\u2019 has approached the enforceability <\/strong>as obtained in; (i)<\/strong> \u2018\u2026The Vehicle and Road Traffic Act\u2019 [Chapter 461]; and (ii) \u2026Litter Control and Prevention Act\u2019 [No. 3 of 2019].<\/p>\n

IMPREGNATE WITH DECEPTION<\/strong><\/p>\n

It appears that an attempt was being made to \u2018Impregnate with Deception\u2019<\/strong> a \u2018Conflict\u2019 with some identifiable aspect in previous \u2018Statutory Instruments (SI)<\/strong>, inclusive of \u2018SI: No.16 of 2020.\u2019 <\/strong>That being the case, none may argue, neither with the \u2018Drafters,\u2019 <\/strong>nor the \u2018CBH Chairman.\u2019<\/strong> It is posited that no conflict within \u2018Statutory Instruments\u2019<\/strong> (by a Body Corporate) is fatal to each other. That which remains conflicting to \u2018Section 177\u2019 under which the Regulations were made and extremely fatal to violators of the \u2018Covid-related Regulations.<\/strong>\u2019 has clearly been the \u2018Penalty Sections\u2019<\/strong> of the previous \u2018Statutory Instruments.\u2019<\/p>\n

FATAL INCONSISTENCY<\/strong><\/p>\n

Credit shall be accorded to practicing attorney \u2018Charlesworth Tabor\u2019<\/strong> who has rightly detected a \u2018Fatal Inconsistency\u2019<\/strong> in the \u2018Regulations\u2019 Penalty Sections\u2019 [<\/strong>SI: No. 1, 2, 3, 4, 5. 6. 7\u2019<\/strong> with that contained in the \u2018Statutory Enactment\u2019 [Parliament: Supreme Law: Section 2: CO 1981]. <\/strong>Baring \u2018Student\u2019s\u2019<\/strong> comprehension difficulty, Parliamentarians have made it sufficiently simple for even Principals to comprehend and teach \u2018First Formers\u2019<\/strong> at the \u2018Antigua Girls\u2019 High School (AGS). <\/strong>The law states; \u2018\u2026Regulations made under this Act may provide for the imposition on offenders against the same of penalties not exceeding five hundred dollars ($500)<\/strong> for each offence\u2019 [Section 177: Public Health Act; Chapter 353].<\/p>\n

CO-EXISTENT INSTRUMENTS \u2013 No. 16 of 2020 & No.10 of 2021 <\/strong><\/p>\n

Among the observations made in the \u2018Statutory Instrument\u2019 containing the \u2018Principal Regulations\u2019 were (i) \u2018\u2026The \u2018Over-regulated and unlawful penalty of EC$5-, 000- or 6-months imprisonment; and (ii) \u2026Misguided and unlawful arrest of violators on account of Regulations made by a\u2019 Body Corporate or Statutory Corporation.<\/strong>\u2019 No matter the size of their membership, no civilian Board has ever been so authorized, to empower a statutorily established \u2018National Police Service.\u2019<\/p>\n

STARVED OF KNOWLEDGE<\/strong><\/p>\n

Now, keeping the \u2018CBH Board members\u2019<\/strong> out of the apparent \u2018Starved of Knowledge\u2019 \u2018Regulations enforcers, Chairman, \u2018Senator Eustace \u2018Tiko\u2019 Lake, member \u2018Kente Semper,\u2019<\/strong> are all cleared of any suggestion of usurping the authority of \u2018Commissioner of Police, Atlee Rodney.\u2019 <\/strong>Therefore, when \u2018Attorney-at-law Charlesworth Tabor\u2019 made <\/strong>his observations, he was not alone. From a professional prosecutorial perspective, the \u2018Over-regulated penalty, bears neither legality nor \u2018Magisterial Jurisdiction.\u2019 Moreover, the unlawful \u2018Statutory Instrument\u2019 that speaks to \u2018Principal Regulations\u2019 and contains the original and current penalties, still exists. With no repeal or replacement, those amended and the current \u2018No. 10 of 21,\u2019 merely co-exist.<\/p>\n

WIELDING STATE POWER<\/strong><\/p>\n

Given the unpredictable nature of man and his predictable and unpredictable and impulsive behavior, framers of the \u2018Constitution Order\u2019<\/strong> anticipated the unexpected happened. Some by fellow citizens and some by the \u2018State.\u2019 They also anticipated that some \u2018Wielding State Power,\u2019<\/strong> if the end justifies the means, it will be wielded with telling effect; repressively; financially; embarrassingly and humiliatingly.\u2019 This has been a universal phenomenon. Contained in the Constitution are, two principles in particular. They are people-oriented, yet often not remembered.<\/p>\n

CONSTITUTIONAL PRINCIPLES<\/strong><\/p>\n

Sequentially these read; (i)<\/strong> \u2018\u2026Whereas the people of Antigua and Barbuda\u2026to the extent of their capacity play some part in the national life; and (ii)<\/strong> \u2026Recognized that the law symbolizes the public conscience; and (ii) \u2026That every citizen owes to it and undivided allegiance.\u2019<\/strong> Anticipating that the \u2018State\u2019 may make citizens \u2018Hop and Yap\u2019 (vernacular), framers inserted this behavioral command (iii) \u2018\u2026The State is subject to the law\u2019<\/strong> [CO: No. 1106: 1981: Principles C & D]. It may have been from this perspective and a willingness to offer or improve the legal understanding of the citizenry, that has often prompted responses by practicing Attorney Charlesworth Tabor.<\/p>\n

FLAWS-IN-LAW<\/strong><\/p>\n

Apart from \u2026[ABCRE) weekly<\/strong> radio programme and Attorney Charlesworth Tabor, few others have taken time to assist in the enlightenment and or sensitization of the citizenry on issues pertinent to the law. Thus, when the voices of others remain in \u2018Deafeningly Silence,\u2019<\/strong> though at the risked of being considered provocative and contentious, his unmistakable voice frequently echoed across the nation. In spite of persistent efforts to cause \u2018Flaws-In-Law\u2019<\/strong> amended to give legitimacy to imposition to penalty, some practicing attorneys continue to subject clients to \u2018Guilty Pleas and advance \u2018Pleas in Mitigation.\u2019 Those engaging in such practice run the risk of being engaged in a nefarious practice capable of being called; \u2018Fleecing the Client.\u2019<\/strong><\/p>\n

ALLEGIANCE AND SUBJECTION<\/strong><\/p>\n

Now, those familiar with the \u2018Founding Principles\u2019<\/strong> in the Constitution may have seen what the framers also anticipated. They anticipated that; (i)<\/strong> \u2018\u2026The State may tinker with the law; (ii)<\/strong> Its Statutory Agencies might be exploited; and (iii) \u2026Agents may harbor belief that they are an island unto themselves<\/strong>; and (iv), \u2026They have placed both \u2018State and Citizens\u2019<\/strong> under \u2018Allegiance and Subjection.\u2019<\/strong> It may have been for this reason that prudence dictated that several founding principles were so enshrined. Pertinent to this commentary is the principle that states; \u2018\u2026Whereas the people of Antigua recognize that; (a)<\/strong> \u2018\u2026Law symbolizes the public conscience; (b)<\/strong> \u2026That every citizen owes to it \u2018an undivided allegiance; (c)<\/strong> \u2026It is not to be limited by any private views of justice or expediency; and that (d) \u2026The State is subject to the law\u2019 [CO: 1981: Principle (d)]<\/strong>.<\/p>\n

VISITATION BY THE JUDICIARY<\/strong><\/p>\n

Several citizens have caused the \u2018Judiciary\u2019<\/strong> to be visited upon the \u2018State\u2019<\/strong> for its repressive or vexatious actions and egregious behavior.\u2019 Testament of these might be seen from referred Cases on point; If it were not so, the \u2018Antigua Power Company\u2019<\/strong> could not have litigated against the \u2018Antigua Public Utilities Authority (APUA).<\/strong>\u2019 Neither current Attorney General Steadroy \u2018Cutie\u2019 Benjamin\u2019 <\/strong>could have appealed against a \u2018High Court Judge who had made an unfavorable ruling against him[UKPC: 0083: 20ii].<\/strong>\u2019 So too would have been the case of current \u2018House Speaker, Sir Gerald O. Watt KCN, QC\u2019<\/strong> could have done so. Escaping from a Tribunal, the undaunting, feisty and indomitable was prepared to show \u2018former Prime Minister Baldwin Spencer\u2019 that he had heard bigger dogs barked. Adamant and resolute in his conviction that \u2018Sir Gerald\u2019<\/strong> must go, with lightening speed, by a \u2018Bill\u2019<\/strong> egregiously tabled in Parliament, before then \u2018House Speaker D. Gisele Isaac\u2019<\/strong> could declare; \u2018The Ayes have it,\u2019<\/strong> he was effectively stripped of the Chairmanship of the \u2018Antigua and Barbuda Electoral Commission (ABEC) [ANUHCV:2011\/0025].<\/strong><\/p>\n

AFFLUENT AND INDIGENT<\/strong><\/p>\n

Through no fault of neither one, while the \u2018Affluent\u2019<\/strong> lives life in luxury, the \u2018Indigent\u2019<\/strong> wallow in squalid condition and lives in constant and complete misery. In the current situation many, either out of \u2018ignorance, temptation, calculated risk, defiance or necessity,\u2019 the indigent are mostly the ones that are often taken into police custody. Even the Police have statistically boasted on State media of the number of citizens that have been heavily penalized for breaches related to; (a)<\/strong> \u2018\u2026Curfew; and (b) \u2026Covid-related Protocols.\u2019 The statistics (unavailable) have revealed that those in the lower strata of society known either to be of meager means or no means that have been either; (a) \u2018\u2026Arrested and prosecuted for Curfew violations; or (b) \u2026Issuance of \u2018Non-wearing of Mask Tickets.\u2019 <\/strong>From reports, none is spared the apparent spurred drive to enforce the Regulations without favor or affection. As for \u2018Malice or ill-will\u2019 victims have their own stories.<\/p>\n

REGULATORY FRAMEWORK<\/strong><\/p>\n

Respecting the \u2018Regulatory Framework,\u2019 <\/strong>while pockets of resistance exist, most citizens have considered it as one of absolute necessity. Though restrictive in context of existing situation, it enjoys the effect of law. Thus, situationally, it is considered justified by people who wish to enjoy longevity. Most importantly, there has been clear understanding among the citizenry now at serious risk of \u2018Exposure, Infection and Death.\u2019 <\/strong>\u00a0While it was not necessarily designed to penalize the fully compliant, citizen shall understand that the non-compliant runs the risk of incurring consequences that shall be prudently avoided. Though some members of the \u2018Security Forces\u2019 <\/strong>and some public officials embraced the \u2018Regulations\u2019<\/strong> for that which they are intended, others welcomed it for its outrageous and apparent obscured intent and punitive effect.<\/p>\n

ADMINISTRATIVE CHALLENGES<\/strong><\/p>\n

History has revealed that among the administrative challenges facing Police administrators, has been the dangers posed by selected groups to operate parallel to their \u2018National Police Service.\u2019 <\/strong>Frequently, they roam like beast in the \u2018Wilds of Africa.\u2019 <\/strong>Writing without prejudice, yet in \u2018Defence\u2019<\/strong> of the \u2018Police Service\u2019<\/strong> often unfairly comes under public attack for the behavior of some personnel within the \u2018Security Forces,<\/strong> now comprises of; (i) \u2018\u2026Police Service; (ii) \u2026Defence Force; and (iii) \u2026ONDCP.\u2019 <\/strong>The selected personnel are currently assigned to, or headquartered at the American Road \u2018National Office of Disaster Services (NODS).<\/strong>\u2019 It is apparent that prudence may have dictated the withdrawal of \u2018Customs and Excise and Immigration\u2019<\/strong>from the notoriety earned by the then 5-agency \u2018Security Force.\u2019<\/strong><\/p>\n

PARALLEL GROUPS<\/strong><\/p>\n

None may assert that the \u2018Security Forces\u2019<\/strong> have not been performing their assigned duties. However, the aggressive, hostile and impolite attitude toward members of the public, have given many law-abiding citizens reasons to harbor \u2018Fears and Concerns\u2019<\/strong>for their personal safety. It has been the citizen\u2019s experience that likened to a \u2018vicious pack of hungry hyenas,\u2019<\/strong> some members of these \u2018Parallel Groups\u2019<\/strong> have mercilessly attacked both guilty and innocent, non-violent, hapless and defenceless citizens. The reasonably suspected \u2018kidnapping, disappearance and murder\u2019 of Falmouth resident \u2018Bruce Greenaway\u2019 speaks to citizens fears.<\/strong>This sent not only a family into sorrow and grief, but also a community into bewilderment, as shock waves rippled across nation.\u2019<\/p>\n

DANGEROUS GROUPS<\/strong><\/p>\n

Its evoked memories of the behavior of certain \u2018Dangerous Groups\u2019<\/strong>; (i) \u2018\u2026The Toton Macoute of Haiti; (ii) \u2026The Mongoose Gang of Grenada; and; (iii) \u2026The \u2018Special Police (SP\u2019s) of Antigua and Barbuda.\u2019<\/strong> In short, they were as reckless as they were brutally mercilessly and ruthless and repressive.\u2019 S<\/strong>upported officially, their behavior speaks to terror and horror. Even with existed law enforcement agencies, they reigned supreme in these nations. In Haiti, impunity had been bestowed upon this notorious group by former \u2018President Francois \u2018Papa Doc\u2019 Duvalier\u2019 [refWorld: UNHCR: 1959-1970]; <\/strong>In Grenada by former Prime Minister Sir Eric Matthew Gairy [1967-1979];<\/strong> while in this jurisdiction, former Home Affairs Minister Donald Halstead [1971-1976].<\/strong> The notoriety that characterized these dangerous groups, include; (a)<\/strong> \u2018\u2026Remorseless for the atrocities committed, such as; assassination and disappearance.\u2019<\/p>\n

SURVIVAL OF THE SUFFERER<\/strong><\/p>\n

With specificity, citizens have been expressing serious concerns over the behavior of Agencies\u2019<\/strong> charged with enforcing \u2018Special Covid-related Measures.\u2019<\/strong> These were widely accepted as countermeasures necessary to address not only the health and wellness of the citizenry. Most were not unmindful of the grave economic consequences posed of the deadly and destructive \u2018Coronavirus.\u2019<\/strong> The \u2018Public Health Act,\u2019 contained such provision. Situationally, as the \u2018Covid-19 Pandemic\u2019 demanded immediate \u2018Protection of the National Health.\u2019 Thus, with this foremost in mind, containment of its spread dictated \u2018Special Covid-19 Counter-Measures.\u2019<\/strong> Even when freedoms, rights and liberties shall be infringed or curtailed, for the situation then existed, these might be considered as a small price to pay for human survivability.<\/p>\n

SNATCHED FROM PULPIT<\/strong><\/p>\n

Firstly, when armed police appeared to have been led by \u2018Satan,\u2019 they reportedly Church leader and Pastor Uriah Taylor\u2019 <\/strong>the \u2018Bolans New Testament Church of God\u2019<\/strong> conducting<\/strong> \u2018Divine Service\u2019<\/strong> [Dominica News Online: March 29, 2020]. Holy Baptism of a<\/strong>n innocent infant in arm had barely completed. The congregation reported to be more than \u2018twenty-five (25) persons,\u2019<\/strong> were then jolted into disquiet. Frightened, bewildered and confused, they prudently avoided entanglement with the devil. When he was about to be \u2018Snatched from the Pulpit,\u2019<\/strong> the \u2018Spirit of God,\u2019<\/strong> appeared not to strive among the congregants. Scriptural edification suggested that \u2018God\u2019 had left. Congregants, then in unison, vociferously and repetitively chanted, \u2018Touch not the Lord\u2019s anointed.\u2019 <\/strong><\/p>\n

FLAWS- IN- LAW<\/strong><\/p>\n

That clearly was not enough to prevent those that may have been dispossessed of \u2018God\u2019s Spirit,\u2019 hurriedly carted the Pastor and two \u2018intervening congregants\u2019 away from the rest of congregational flock. In living memory, it was the first occurrence such incident within this jurisdiction. The \u2018Statutory Instrument\u2019 appeared; (i) \u2018\u2026Starved of legality as required by the Principal Act.<\/strong> (ii)<\/strong> \u2026Want of enforcement by the CBH Board; (iii)<\/strong> \u2026Want of Magisterial Jurisdiction;<\/strong> (iv)<\/strong> \u2026Short on specifics, particularly as they relate to; (a)<\/strong> \u2026Stipulated number of persons; (b)<\/strong> \u2026Specific congregational Distance; and (iv)<\/strong> \u2026Over-regulated penalty of EC$5, 000\u2019<\/strong> that has been at variance with the EC$ 500\u2019<\/strong> stipulated in the parliamentary enactment\u2019 [Section177:<\/strong> Public Health Act: Chapter 353].<\/p>\n

HRROR OF DELAYS<\/strong><\/p>\n

While the behavior of the \u2018Security Forces\u2019<\/strong> speaks rigidity and hostility, that of the \u2018Magistracy,\u2019 speaks to the \u2018Horror of Delays.<\/strong>\u2019 After several adjournments, one year has almost elapsed with no apparent end in sight of an uncomplicated summary trial. Even as the trial has been reportedly given a fixture, given the maxim, \u2018Justice delayed is Justice denied,\u2019<\/strong> the \u2018Behavior of certain adjudicators within the Magistracy\u2019<\/strong> may necessitate the invited attention of the judicial authority. Specific to this Case,<\/strong>\u2019 none may be so gross as to indicate, neither to the Court, nor the media, that the incident is still under investigation. Whichever, way it may be viewed as scandalous for any \u2018Press Liaison Officer\u2019 to inform mainstream\/social media that the \u2018arresting officer has contracted \u2018Corona\u2019 or that the \u2018Court\u2019 has been infected with it.<\/p>\n

BLUNDERS OF DRAFTERS <\/strong><\/p>\n

This appeared to have manifested itself, when under a legally \u2018Flawed Statutory Instrument\u2019 [No.16 of 2020], <\/strong>saw the occurrence of two incidents- one extremely harrowing and the other grievously tragic. Then there has been the observable \u2018Drafter\u2019s Blunder\u2019 <\/strong>in a regulatory offence with the penalty \u2018EC$5, 000 or Six months or both fine and imprisonment\u2019<\/strong> as opposed to the stipulated fine of \u2018EC$500\u2019<\/strong> contained in the law under which the Regulations were purportedly made. It will have been seen that in the principal Act provides no punishment of imprisonment the \u2018Statutory Enactment of 1957: Section 177.\u2019<\/strong>[No. 16, 27 of 2020 & No. 10 of 2021].<\/strong><\/p>\n

PUNITIVE MENTALITY<\/strong><\/p>\n

Though the population has been cowering under \u2018Covid-19\u2019 stranglehold and <\/strong>the nation\u2019s economy for reason of growth stagnation, try as they may, public administrators have been struggling to bring respite to the citizenry. Then there have been other viruses spreading across the nation, specifically in financially depressed communities. Though they may be no vaccines, it has the general perception that State agencies, identified as the \u2018- Security Forces and the Magistracy\u2019<\/strong> had been used to make up for the shortfall or economic stagnation. Even as the virus continues to impact the national health and livelihood, citizens under severe financial stress, have seen the enforcing agency as showing no intention of tempering their punitive mentality and repressive actions, with any degree of discretion.<\/p>\n

HORRORS OF SURVIVABILITY<\/strong><\/p>\n

In the instant situation, citizens most affected have been the impoverished. There have been increasing observations of their concentrated enforcement drive particularly, in the depressed communities of \u2018Pointe and Villa and Grays Farm and Hatton.\u2019 Unemployed and facing daily inescapable \u2018Horrors of Survivability,\u2019 <\/strong>most residents have their meagre means comparably evaporated like the surface water in the \u2018Potworks Dam.\u2019<\/strong> The social impact on the lives of the citizens, has been painfully overwhelming. Likened to those languishing in penal institutions, the citizenry, though in a far better position, yet for various reasons, have been placed in \u2018Great Distress.\u2019 <\/strong>Contributing to this situation, was said to have been the behavior and attitude of a small minority within the membership of the \u2018Security Forces.\u2019<\/strong><\/p>\n

CONCLUSION<\/strong><\/p>\n

While Commanders of the \u2018Security Forces,\u2019<\/strong> slept, purposefully roving around the periphery of the City of St. John\u2019s was \u2018Principal Legal Adviser\u2019<\/strong> to the Government; \u2026Attorney General; \u2026Public Safety; \u2026Prison; and …Police Minister,\u2019 \u2018Steadroy \u2018Cutie\u2019 Benjamin,\u2019 patrols. <\/strong>He had reportedly observed what members of the \u2018Security Forces\u2019 <\/strong>and their \u2018Commanders\u2019<\/strong> may not have seen. Except, Lucifer, he made startling revelations of that which he observed; (i) \u2018\u2026Motorists breaking the Curfew; (ii) \u2026Bars in operation during the Curfew period; (iii) \u2026Clustered gatherings; and (iv) \u2026Patrons without face masks\u2019 [ABS TV].<\/strong> A case had to be made out to Members of Cabinet. Clearly placing Commanders of the \u2018Security Forces\u2019<\/strong> under \u2018Ministerial Pressure,\u2019 he warned citizens that violators of the \u2018Covid-19 Protocols\u2019 will be; (i) \u2018\u2026Detained; (ii) \u2026Brought before the Court; and (iii) \u2026Charged\u2019<\/strong> [ABS TV: February 2, 2021]. The intent is clear. Though not necessarily influenced by these statements, the actions of enforcers are unmistakably profound and clear. These, therefore, speak to the \u2018Behaviors of State-Agencies and Agents.\u2019<\/strong> Likened to the \u2018Deadly Coronavirus,\u2019 Both infects and kills. Keep a safe distance. ***<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

by Rawlston Pompey The \u2018Coronavirus,\u2019 reasonably suspected to have originated in the \u2018Far East,\u2019 has escaped from \u2018Wuhan City, China\u2019 to the\u2018West.\u2019 Likened to other nations, it has wended its way across frontiers onto the shores of \u2018Antigua and Barbuda.\u2019 It has unleashed upon the citizenry, collateral and \u2018Innumerable Difficulties.\u2019 Foremost, it has altered; (a) […]<\/p>\n","protected":false},"author":3,"featured_media":109023,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-124719","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Behavior Of State Agencies And Agents - 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-behavior-of-state-agencies-and-agents\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Behavior Of State Agencies And Agents\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey The \u2018Coronavirus,\u2019 reasonably suspected to have originated in the \u2018Far East,\u2019 has escaped from \u2018Wuhan City, China\u2019 to the\u2018West.\u2019 Likened to other nations, it has wended its way across frontiers onto the shores of \u2018Antigua and Barbuda.\u2019 It has unleashed upon the citizenry, collateral and \u2018Innumerable Difficulties.\u2019 Foremost, it has altered; (a) […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/\" \/>\n<meta property=\"og:site_name\" content=\"Antigua News Room\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/antiguanewsroom\" \/>\n<meta property=\"article:published_time\" content=\"2021-03-02T12:16:46+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-03-02T14:44:38+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/mlavawteztbj.i.optimole.com\/w:auto\/h:auto\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2020\/03\/curfew-2.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"600\" \/>\n\t<meta property=\"og:image:height\" content=\"421\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:site\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"21 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/\"},\"author\":{\"name\":\"Editor\",\"@id\":\"https:\/\/antiguanewsroom.com\/#\/schema\/person\/36cac05ef6398fe56ae3e6317f8535c5\"},\"headline\":\"COMMENTARY: Behavior Of State Agencies And Agents\",\"datePublished\":\"2021-03-02T12:16:46+00:00\",\"dateModified\":\"2021-03-02T14:44:38+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/\"},\"wordCount\":4639,\"commentCount\":7,\"publisher\":{\"@id\":\"https:\/\/antiguanewsroom.com\/#organization\"},\"image\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/mlavawteztbj.i.optimole.com\/w:600\/h:421\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2020\/03\/curfew-2.jpg\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/\",\"url\":\"https:\/\/antiguanewsroom.com\/commentary-behavior-of-state-agencies-and-agents\/\",\"name\":\"COMMENTARY: Behavior Of State Agencies And Agents - 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