{"id":125874,"date":"2021-03-23T07:47:04","date_gmt":"2021-03-23T11:47:04","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=125874"},"modified":"2021-03-23T11:01:10","modified_gmt":"2021-03-23T15:01:10","slug":"commentary-acrimonious-nature-of-the-human-heart-rawlston-pompey","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-acrimonious-nature-of-the-human-heart-rawlston-pompey\/","title":{"rendered":"COMMENTARY: Acrimonious Nature Of The Human Heart"},"content":{"rendered":"
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by Rawlston Pompey<\/p>

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It has been said that \u2018All things work for \u2018God\u2019s Glory.\u2019<\/strong> Conversely, there have been some things that have brought upon humans untold and endless misery. In living memory, there has human desperation as there has been opportunistic exploitation<\/strong> of the human mind and person. These are daily features within the wider society. These have been occurrences within many organizations, formal or informal. Thus, as has often been the case in social organizations,\u2019 the same have occurred in formal and disciplined organizations.\u2019 These include many international Law enforcement agencies. The national Police Service of \u2018Antigua and Barbuda\u2019 <\/strong>is no exception.\u00a0\u00a0 Instructively, the simpleton, na\u00efve, the stupid and those cultured into a \u2018State of Docility,\u2019 would deny that humans are not used as tools, if the \u2018End justifies the means.\u2019<\/strong> This has always been part of the human experience.<\/p>\n

FATE OR MURPHY\u2019S LAW<\/strong><\/p>

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Not infrequently, either \u2018Fate<\/strong> or Murphy\u2019s Law\u2019<\/strong> dictates that something tragic shall occur. It is inevitable, as it is inescapable. With \u2018Fate\u2019<\/strong> it happens and with \u2018Murphy\u2019s Law\u2019<\/strong> it is both phenomenal and dictatorial. It states; \u2018\u2026Whatever is to happen, will happen.\u2019 <\/strong>Given the experiences of former Commissioner \u2018Wendell Robinson, <\/strong>Barrister-at-law,\u2019 situationally, likened to \u2018Martial Law,\u2019<\/strong> \u2018Murphy\u2019s Law\u2019<\/strong> was made applicable. If it were not so, then after dark tonight, every practicing male attorney may be at some \u2018Spanish Night Club.\u2019 <\/strong>The facts are undisputable. After (i) \u2018\u2026Thirty-two (32) years in the Police Service;<\/strong> (ii)<\/strong> \u2026Unproved allegations of inappropriate conduct; (iii)<\/strong> \u2026Constitutional right of the presumption of innocence; and (iv) \u2026Denial of natural justice.\u2019<\/strong><\/p>

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SACKED WITHOUT BENEFITS<\/strong><\/p>\n

His days of glory, turned into misery when \u2018practicing attorney, former Acting Judge and Police Service (PSC) Chairman, \u2018Kelvin John,\u2019<\/strong> denied him of a position, thereby deprived him of a fully-served tenure. Either with unanimous concurrence of \u2018five (5) other members or by majority decision,\u2019<\/strong> his \u2018Pen\u2019<\/strong> became mightier than the \u2018Sword.\u2019<\/strong> The former Commissioner was \u2018Sacked without Benefits.\u2019 <\/strong>This not only speaks to his professional and personal demise, but also to the acrimonious nature of a \u2018Commission\u2019<\/strong> comprised of men with hearts clearly filled with \u2018Acrimonious Evil\u2019<\/strong> [November 25, 2019].<\/p>

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

The \u2018Antigua and Barbuda Constitution Order\u2019<\/strong> [N0. 1106 0f 1981], incidentally not widely read or called the \u2018Supreme Law,\u2019<\/strong> has shown that men endowed with ability to foresee future occurrences. They appeared to have possessed a keen sense of anticipation. Somehow, they believed that people placed in certain \u2018privileged positions,\u2019 may do the unthinkable or caused the unthinkable to be done. This commentary looks at the \u2018Procedural Cul-de-sac,\u2019<\/strong>encountered by \u2018Commissioner of Police Atlee Rodney QPM,\u2019 <\/strong>pertinent to an incident involving his \u2018Operations Deputy Albert M.P. Wade.\u2019<\/strong> It looks not at the \u2018merit or demerit\u2019<\/strong> of the incident, but primarily at certain procedural provisions contained in; (a)<\/strong> \u2018\u2026The Police Act [Chapter 330]; (b) \u2026The Civil Service Regulations [No. 1 of 1993]<\/strong> and (c)<\/strong> Constitutional provisions [1981].<\/p>

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CROOKED AND STUPID<\/strong><\/p>

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In organizations where members opportunistically forego their allegiance and loyalty to them, likened to ships encountering turbulent seas or an airborne aircraft encountering turbulence, there are two possibilities; (i)<\/strong> \u2018\u2026The ship is bound to rock; while (ii)<\/strong> \u2026The latter is likely to fall from the sky.\u2019 In Law enforcement agencies, their membership will have seen; (i) \u2018\u2026The Good; (ii) \u2026Bad; (iii) \u2026Ugly; (iv) \u2026Crooked; and (v) \u2026Stupid.\u2019<\/strong> Framers of the nation\u2019s \u2018Constitution Order\u2019 [Antigua and Barbuda: 1981] <\/strong>anticipated that people with \u2018Unsecured Tenure\u2019<\/strong> might be expediently or conveniently used as; (a) \u2018\u2026Rabbits; (b) \u2026Guinea Pigs; and (c) \u2026Monkeys.\u2019<\/strong> Framers also believed that depraved public officials may wish to use; (i) \u2018\u2026State Power; (ii) \u2026State Agencies; and (iii) \u2026State Resources\u2019<\/strong>to cause certain biddings.<\/p>\n

DISCIPLINED FORCE<\/strong><\/p>\n

For want of knowledge, there are those that appeared not to have properly read and understood the \u2018Constitution Order\u2019<\/strong>[Antigua and Barbuda: 1981].\u00a0 Consequently, it appeared that those that are constitutionally-positioned to advise or guide, have caused to be ingrained into the minds of decision-makers a false sense of belief. Not infrequently situations were allowed to develop in organizations that were clearly inimical to the interests of the membership and the very organizations. Invariably, situations so suffered and having been so festered, had caused discord among, and rifts in the membership. This has been the case of many \u2018Disciplined Forces.<\/strong>\u2019 In this context, and for this commentary the \u2018Disciplined Force\u2019<\/strong> herein refers is the \u2018Royal Police Force of Antigua and Barbuda.\u2019<\/strong><\/p>\n

COMMISSIONS\/PERMANENT SECRETARIES<\/strong><\/p>\n

There are \u2018Commissioners of Police\u2019<\/strong> with apparent harbored belief that they are in fact \u2018subordinate to \u2018Commissions or Permanent Secretaries.<\/strong>\u2019 There are \u2018Commissioners,\u2019 seemingly starved of administrative knowledge that often seek to influence \u2018Permanent Secretaries\u2019<\/strong> to commit cardinal sins. The suspicious and alert often shied away. Likened to language signifying authority that resides with the \u2018Public and Police Service Commissions,<\/strong>\u2019 the \u2018Constitution Order\u2019 also sets out the authority of the \u2018Police Service Commission (PSC).\u2019<\/p>\n

BUTTING HEADS<\/strong><\/p>\n

Even as the \u2018Constitution Order\u2019 interprets \u2018Disciplined Forces,\u2019<\/strong> and defines \u2018Disciplinary Law,\u2019<\/strong> most members of both \u2018Commissions\u2019 and of the \u2018Gazetted Rank,\u2019<\/strong> continue to harbor with erroneous belief that senior officers are \u2018Civil Servants.\u2019 <\/strong>If it were so, there may have been no need for the \u2018Police Act\u2019<\/strong> that guides the; (i)<\/strong> \u2018\u2026Status; (ii) \u2026Powers and duties; (iii)<\/strong> \u2026Role and functions of Police officers\u2019 [Sections 18: 22 & 23: Chapter 330]. A Commissioner of Police \u2018Butting head\u2019<\/strong> with the \u2018Heads\u2019<\/strong> of other Government departments runs the risk of being seen in want of \u2018Administrative Skills.\u2019<\/strong> This is likely, particularly if the \u2018Butted Heads\u2019 <\/strong>specifically relates to investigative and disciplinary procedures.<\/p>\n

DISCIPLINED FORCES<\/strong><\/p>\n

Instructively, the \u2018Disciplined Forces\u2019<\/strong> contained in the constitutional provisions are identified as; (i) \u2018\u2026Naval, Military or Air Force; (ii) \u2026Police Force; and (iii) \u2026Prison Service.\u2019<\/strong> Recognizing that there shall be \u2018Good Conduct\u2019<\/strong> within the \u2018Disciplined Forces,\u2019<\/strong> the framers of the \u2018Constitution Order\u2019 also wisely inserted into it provisions affecting the conduct of members seen as far removed from \u2018Good Discipline.\u2019 <\/strong>More importantly, it speaks to \u2018Member\u2019 that includes \u2018\u2026Any person who, under the law regulating the discipline of such Force, is subject to that discipline\u2019 [CO: 1981: Section 21 (i)]. In the case of the Military, those subject to \u2018Military Discipline,\u2019<\/strong> measures necessary to address indiscipline are contained in the \u2018Defence Act\u2019 [No. 10 of 2006].\u00a0 In the case of \u2018Prison Discipline,\u2019<\/strong> this is governed by \u2018Prison Regulations\u2019<\/strong> as contained in the \u2018Prison Act\u2019 [Section 12: Prison Rules: Chapter 341].<\/p>\n

PRIVATE WHISPERINGS<\/strong><\/p>\n

As it relates to disciplinary investigation, the provisions contained in the \u2018Constitution Order,\u2019 limits the \u2018Police Service Commission\u2019<\/strong> to \u2026Disciplinary control (superior ranks). <\/strong>This speaks to \u2018Referrals\u2019<\/strong> formally made to it by the \u2018Commissioner of Police\u2019 only for \u2018Hearing and Determination\u2019 [Section 105].<\/strong> It shall be told that neither; (a)<\/strong> \u2018\u2026The Attorney General; (b)<\/strong> \u2026Police Service Commission; nor (c)<\/strong> \u2026Public Service Commissions,\u2019 are investigative or advisory bodies on \u2018Police Discipline.\u2019 <\/strong>While there have been \u2018Private Whisperings<\/strong>,\u2019 Attorney General, Police Minister and Principal Legal Adviser to the Government, \u2018Steadroy \u2018Cutie\u2019 Benjamin\u2019<\/strong> [CO: 1981: Section 82], has distanced from recent developments within the \u2018Police Service.\u2019<\/strong><\/p>\n

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

It may have been purely for \u2018democratic reasons\u2019 that the framers of the \u2018Constitution Order\u2019 had inserted this Section. The other logical reason may have been to avoid \u2018Administrative Confusion.\u2019 <\/strong>Another reason may have been their anticipation that people placed in \u2018privileged position\u2019 may exploit those that are strategically positioned to be exploited and\/or unfairly treated.\u2019 These were often the; (i)<\/strong> \u2026Loyalists and faithful; (ii)<\/strong> \u2026Compliant fearful; and (iii)<\/strong> \u2026The innocent and docile stupid.\u2019 The naive have often deviated from roles and functions distinctively sectionalized and identified by two watchdog Commissions; (a) \u2018\u2026The Public Service Commission (PSC<\/strong>);<\/strong> and (b) \u2026The Police Service Commission (PSC).<\/strong><\/p>\n

MEASURE OF PROTECTION <\/strong><\/p>\n

In the case of both Commissions,<\/strong> the Constitution used the same language; \u2018\u2026The power to; (a)<\/strong> \u2018\u2026Appoint persons to hold or act in offices in the public service; (b)<\/strong> \u2026Including the power to make appointments on promotion and transfer and to confirm appointments; and (c)<\/strong> \u2026The power to exercise disciplinary control over persons holding or acting in offices; and (d)<\/strong> \u2026To remove such persons from office shall vest in the Public Service Commission\u2019 [Section 100]. Persons appointed by the \u2018Commissions and Governor General\u2019<\/strong> and aggrieved by any adverse decision, enjoy some \u2018Measure of Protection\u2019<\/strong> [Sections 107 & 108].\u2019 This is available to employees within the \u2018Civil and Police Services\u2019<\/strong>[Section 99 & 105].<\/p>\n

WADE\/RODNEY DRAMA<\/strong><\/p>\n

Though not necessarily \u2018Covid-related Protocol,\u2019<\/strong> Attorney General, Principal Legal Adviser to the Government [CO: 1981: Section 82] and Police Minister \u2018Steadroy \u2018Cutie\u2019 Benjamin\u2019<\/strong> has distance himself from offering or tendering advice of any form to \u2018Commissioner of Police Atlee Rodney.\u2019 He has ensured that he is not fingered in the \u2018Wade\/Rodney Drama,\u2019<\/strong> as attempts were being made to subject him to similar experience of \u2018former Commissioner Wendel Robinson,\u2019<\/strong> However, that which appeared most intriguing, was the fact that on the one hand \u2018Commissioner Atlee Rodney,\u2019<\/strong> said to have given \u2018Deputy Commissioner Albert Wade\u2019<\/strong> assurances that he was not on a \u2018witch-hunt,\u2019 but reportedly have been surreptitiously consulting with certain bodies and a possible civilian team of investigators.<\/p>\n

THE BODIES<\/strong><\/p>\n

The bodies so identified have been; (a) \u2018\u2026The blunder-prone Police Service Commission (PSC), chaired and led by eminent former \u2018Acting Judge and distinguished practicing attorney \u2018Kelvin John;\u2019<\/strong> (b)<\/strong> \u2026Permanent Secretary in the Ministry of Legal Affairs; and (iii) \u2026The Magistracy.\u2019<\/strong> Those familiar with organizational discipline and procedure, know that neither of these august bodies have locus standi in the investigation into; (i) \u2018\u2026Report; (ii) \u2026Allegation; or (iii) \u2026Complaint <\/strong>received by the Commissioner of Police [Disciplinary Offences: Section 4: Police Act: Chapter 330].<\/p>\n

SETTLED LAW – ANSWERABILITY<\/strong><\/p>\n

It is to be understood that neither of these bodies shall render unsolicited advice, dictate, order, direct or instruct a \u2018Commissioner of Police,\u2019<\/strong> how he may or may not perform his duties. This has been settled law. It was made sufficiently clear by eminent British Jurist \u2018Lord Alfred Thompson \u2018Tom\u2019 Denning\u2019 [1899-1999],<\/strong> in his dicta that; (a) \u2018\u2026No Minister of the Crown and no Police authority<\/strong> can tell the Commissioner how he\/she shall perform his duties; and (b) \u2026He is answerable to the law, and only the law\u2019 [Regina v Metropolitan Police Commissioner: Raymond Blackburne ex-parte: 1968: 1 AER: 763]. Management principles dictate that the appropriate course of conduct for such bodies, has always been to \u2018\u2026Stay in their own lanes\u2019 <\/strong>[former \u2018ABTB\u2019<\/strong> Manager Harry Josiah: March 20, 2021].<\/p>\n

THE FIASCO<\/strong><\/p>\n

Consequent upon existing situation, it may neither have been seen or called the \u2018Albert Wade Atlee Rodney Fiasco.\u2019<\/strong>Few may deny that a very simple incident and a clear attempt to cause punishment to be visited upon the former of the two most senior officers. Either one could see the end of misery, or the ushering in of a new, but gloomy day looming just beyond the horizon. Full of enthusiasm, fearless and purposeful, he left a comparatively \u2018safe open environment\u2019<\/strong> to undertake a \u2018Seconded Assignment\u2019<\/strong> within a \u2018dangerous enclosed environment.\u2019 <\/strong>The latter had not relinquished his status as conferred upon members of the \u2018Police Service\u2019 <\/strong>[Section 18: Police Act: Chapter 330].<\/p>\n

REASONABLE EXPECTATIONS<\/strong><\/p>\n

Unlike the \u2018Soldier Crab\u2019<\/strong> that embodies itself in any fitly shell, there comes a time when a \u2018male crab\u2019 believes he owns the only crab hole. Humans have not only made the flesh of crabs a delicacy, but have also mimicked their behavior. With such \u2018Crab-like Syndrome,\u2019<\/strong> there comes a time when the person occupying certain positions, believes that only he\/she is not only best suited for the position, but also capable of performing any kind of role. This often meant that likened to \u2018an intrusive Crab,\u2019<\/strong> there will be jostling for positions. From the perspective of professional development and advancement, the ambitious often holds high hope and \u2018Reasonable Expectations.\u2019<\/strong> These are consistent with the \u2018Founding Constitutional Principle.\u2019<\/strong><\/p>\n

CULTURAL PRACTICE<\/strong><\/p>\n

Principal of the \u2018Principal of the \u2018Princess Margaret School (PMS),\u2019<\/strong> Dr. Colin Greene, instructed \u2018Form Twoers\u2019<\/strong> that; \u2018\u2026Whereas the people of Antigua and Barbuda respect the principle of \u2018Social Justice,\u2019 that there shall be opportunity for advancement on the basis of; (a) \u2018\u2026Recognition of merit; (b) \u2026Ability; and (c) \u2026Integrity.\u2019 <\/strong>These were more often evident by (i) \u2018\u2026Cronyism; (ii) \u2026Insularity; and (iii) \u2026Nepotism.\u2019<\/strong>\u00a0 Such has been an unfriendly environmentally-imposed \u2018Cultural Practice\u2019<\/strong> in some organizations.<\/p>\n

HELL, BROKE LOOSE<\/strong><\/p>\n

Reflecting upon living memory, there came a time when \u2018Hell Broke Loose\u2019<\/strong> within the Police Service. To all intents and purposes, this occurred under the \u2018command, superintendence and tenure of \u2018Truehart O.M. Smith QPM\u2019 [2002]. <\/strong>Then holding the enviable position of \u2018Commissioner of Police,\u2019 with \u2018Elton Martin QPM\u2019<\/strong> as Deputy Commissioner,\u2019 \u2018Satan\u2019<\/strong>appeared to have walked through and split the rank and file. Respecting the former, though he was not flirtatious with evil or danger, by a \u2018Police Service Commission (PSC),\u2019 <\/strong>then comprised mostly of \u2018Minions of the Devil.\u2019<\/strong><\/p>\n

GOD v SATAN<\/strong><\/p>\n

Most neither possessed \u2018Godly\u2019 <\/strong>virtues nor \u2018Satanic\u2019 <\/strong>tendencies,\u2019 but exhibited \u2018Jekyll and Hyde\u2019 <\/strong>personalities. If any of these two senior officers were \u2018God,\u2019<\/strong> he may have had some subordinates capable of being called, \u2018Saints of God.\u2019<\/strong>Conversely, if the other was \u2018Satan,\u2019<\/strong> he had more followers that may have been, rightly or wrongly, called \u2018Minions of the Devil.\u2019 <\/strong>From a deceptive and acrimonious perspective, men who serving on the \u2018Police Service Commission,\u2019<\/strong> were clearly not endowed with \u2018reason and conscience.\u2019 <\/strong>Most were known to have engaged in treachery, thereby promoted \u2018Organizational Cannibalism. Showing heartlessness,\u2019 t<\/strong>hereby causing \u2018Commissioner Truehart Smith QPM\u2019<\/strong> much pain and misery.<\/p>\n

BLACK BALL-POINT PEN (BBPP)<\/strong><\/p>\n

From professional knowledge of the unfolding events, the situation had more to do with; (i) \u2018\u2026Long-running personality Conflict; (ii) \u2026Ambitions; and (iii) \u2026Aspirations.\u2019 <\/strong>By the time the clock struck 4pm, his bright sunny Friday afternoon turned weatherly gray.<\/strong> By the stroke of then \u2018Chairman\u2019s Joseph Laurent \u2018Ball-Point Pen,\u2019<\/strong> the walls of his world collapsed. The novelty of the position was given no time to wane. Before he may have said \u2018Bold Face,\u2019<\/strong> his hope for a tenure of longevity abruptly. This was when the \u2018Pen\u2019<\/strong> was shown to be mightier than the \u2018Sword.\u2019<\/strong> Instantly, then \u2018Chief of Staff, Senator Asot Michael\u2019<\/strong> may have been sipping something with \u2018Elton Martin <\/strong>and Prime Minister Sir Lester Bryant Bird KCN\u2019<\/strong> [2002-2005].<\/p>\n

HELL, BROKE LOOSE<\/strong><\/p>\n

It may have all been started when then \u2018Superintendent Albert M.P Wade\u2019<\/strong> seized the opportunity to show his human worth. This occurred when \u2018Hell Broke Loose\u2019<\/strong> within \u2018Her Majesty\u2019s Prison.\u2019 <\/strong>It shall now be seen that where \u2018Police Angels\u2019<\/strong> fear danger, he showed grit and adventurism. Taking up that which seemed troubling for policy-makers and daunting to those that valued their personal safety, he had psychologically prepared himself for any eventuality within the confines of the nation\u2019s penal institution. When \u2018Commissioner Wendell Robinson\u2019<\/strong> found himself looking into the Police Service, the then \u2018Superintendent\u2019 <\/strong>not only found himself looking out of a red-painted Prison Gate.\u2019<\/p>\n

LOST INTO OBLIVION<\/strong><\/p>\n

That which may have been lost into oblivion, was that with a \u2018conjoin loyalty,\u2019<\/strong> he performed his role within the \u2018Prison and Police Services.\u2019 <\/strong>The assumed responsibility entailed superintendence of an institution not only \u2018infested and over-populated with brazen creepy rodents, but also some of the nation\u2019s most notorious criminals. Compounding such tenure were conditions deemed \u2018Sub-human,\u2019<\/strong> and conducive only to penal escape or insurrection. Incarcerated, he had not only established an open line of communication, but also a bond of friendship with most residents and officers.<\/p>\n

DANGEROUS – DEADLY – DREADED<\/strong><\/p>\n

None had given him illegitimate reasons to cause the \u2018Police and Military\u2019<\/strong> to seek out their whereabouts. To his subordinates, he was \u2018Deputy Commissioner.\u2019<\/strong> Formally, he was \u2018Superintendent,\u2019 <\/strong>while fondly to some, \u2018Super.\u2019 <\/strong>He respected their human dignity and reportedly won the hearts of the most \u2018Dangerous, Deadly and Deadly\u2019 <\/strong>convicts. Many gravitated to his mannerism. As hardened as some may have been, several reportedly openly wept when he was due to return to active \u2018Police Duties\u2019<\/strong> [November 21, 2014 – February 2019]. Those reportedly discharged from the penal institution have neither lost respect for, nor contact with him.<\/p>\n

ADVANTAGEOUSLY POSITIONED<\/strong><\/p>\n

Positionally, \u2018Deputy Commissioner of Police, Albert M. P. Wade\u2019<\/strong> may have been awkwardly displaced, while \u2018Deputy Commissioner Atlee Rodney\u2019<\/strong> found himself \u2018Advantageously Positioned.\u2019 <\/strong>Both senior officers were not only as loyal as they were committed to the \u2018Police Service,\u2019 <\/strong>but have also proved themselves professionally competent. From professional observations, the former was the \u2018Information and Technology\u2019<\/strong> officer, while the latter was not only professionally competent, but also displayed good investigative skills.<\/p>\n

COMMONALITIES<\/strong><\/p>\n

Their approach to their work spoke to a good sense of judgment, purpose and direction. Among the \u2018Commonalities\u2019<\/strong>they appeared to have shared was an uncanny and jovial mannerism. Organizationally, both were well known and respected by \u2018rank and file members.\u2019 They were mild-mannered and influential. Neither had dispositions that may have caused disaffection, nor provoke disharmony among the rank and file. Naturally, subordinates gravitated to the one with whom they felt more approachable, comfortable and easy to communicate. For reasons of \u2018welfare and representation,\u2019 the former will have had greater influence in boosting morale, improved disciplinary behavior among their subordinates.<\/p>\n

MANY INDIANS \u2013 ONE CHIEF<\/strong><\/p>\n

Professionally wounded and left to grieve with tears on his pillow and pain in his heart, this had never been the experience of \u2018former Commissioner Wendell Robinson, Barrister-at-law.\u2019 <\/strong>Yet, before he could complete a line in \u2018Nap Hepburn\u2019s Christmas song; \u2018\u2026Listen Mama; \u2026I want you to tell Santa Claus to bring\u2026.,\u2019 <\/strong>his Deputy Commissioner Atlee Rodney was already singing; \u2018\u2026Listen Kelvin; \u2026I want you to thank Santa Clause for the\u2026.; \u2026Man you don\u2019t know how happy your friend will be\u2019 <\/strong>[April 5, 2018]. Ironically, speaking to the media Chairman Kelvin John contended that the axed-Commissioner did not; \u2018\u2026Possess the suitability of temperament that accords with the office of Commissioner of Police, and that under the Constitution, it was in the public interest\u2019<\/strong> [OMG: November 26, 2019].<\/p>\n

POWER WITHOUT KNOWLEDGE<\/strong><\/p>\n

This had never the experience of former Commissioners; (i)<\/strong> \u2018\u2026Sir Wright Fitzhenly George KCN, CVO, QPM; (ii)<\/strong> \u2026Edric K. Potter QPM; (iii)<\/strong> \u2026Alvin Goodwin QPM; (iv)<\/strong> \u2026Delano Christopher QPM; (v)<\/strong> \u2026Gary Nelson; and (vi)<\/strong> \u2026Vere Browne.\u2019 Endowed with a keen sense of perception and a unique ability in assessing Subordinates, Sir Wright F. George had often reminded officers; \u2018\u2026There might be \u2018Many Indians,\u2019<\/strong> but there is only \u2018One Chief.\u2019<\/strong> The this would follow with; \u2018\u2026Knowledge is power, but some of you want power without knowledge\u2019<\/strong> [Sir Wright F. George: 1974 – 1990].<\/p>\n

WINDOW OF OPPORTUNITY<\/strong><\/p>\n

Fate then provided a \u2018Window of Opportunity\u2019 <\/strong>to the former to be elevated to the top position. Mandatory retirement of several senior officers, saw consequential, whereby several juniors catapulted to senior positions seemingly far beyond their professional competencies. The latter\u2019s \u2018Secondment\u2019<\/strong> to the \u2018Prison Service\u2019<\/strong> may have factored into the equation. When fate visited upon the tenure of \u2018Commissioner Wendell Robinson,\u2019<\/strong> with no consideration to insularity, guided by the constitutional provisions, \u2018Prime Minister Gaston Browne\u2019<\/strong> signified approval that \u2018Deputy Atlee Rodney,\u2019 <\/strong>to assume superintendence of the \u2018Police Service\u2019 [CO: 1981: Section 105 (3): November 2019].<\/strong><\/p>\n

PREJUDICIAL TO GOVERNMENT<\/strong><\/p>\n

Members of the \u2018Public Service Commission (PSC)\u2019<\/strong> shall know that when the \u2018Civil Service Regulations,\u2019<\/strong> that which governed officers within the \u2018Civil Service of Antigua and Barbuda\u2019<\/strong> interprets \u2018Public Interest,\u2019<\/strong> this is what it states; \u2018\u2026In these Regulations, it means that the continued service of duties that is prejudicial to the Government\u2019 [CSA: No. 1 of 1993: Section 85 (1)]. In the case of a Police officer, no matter how reckless or negligent it may appear, the \u2018Discharge of a Firearm\u2019<\/strong> wherever, could never be deemed to be \u2018Prejudicial to the Government.\u2019 <\/strong>Contrastingly, discipline within the \u2018Police Service,\u2019<\/strong> speaks to conduct that may be deemed \u2018Discreditable\u2019 or likely to bring discredit to its reputation\u2019 [Scheduled Offences: Police Act: Chapter 330].<\/p>\n

POLICE FORCE DISCIPLINE<\/strong><\/p>\n

The applicability of the \u2018Disciplinary Rules\u2019<\/strong> respecting imposition of punishment, resides with the \u2018Prison Superintendent.\u2019 Where such punishment appears inadequate, by the \u2018Prison Visiting Committee (PVC).\u2019 Incidental to security operations, not then existed, no reference could have been made to the \u2018civilianized-staff\u2019 of the \u2018Office of National Drug Control Policy (ONDCP). Conversely, as it affects \u2018Police Force Discipline,\u2019<\/strong> control is exercisable by both the \u2018Police Service Commission (PSC)\u2019 <\/strong>[CO: 1981: Section 105] and by the Commissioner of Police of the two lowliest of ranks- \u2018Corporals and Constables\u2019<\/strong> [CO: 105 (5) & Police Act: Chapter 330: Volume VII]. Moreover, it neither made references to (a) \u2018\u2026The Civil Service; (b) \u2026Civil Service Act; (c) \u2026Civil Service Regulations; (d) \u2026Permanent Secretary; nor (e) \u2026Public Service Commission (PSC).\u2019 <\/strong><\/p>\n

DISCIPLINARY OR CRIMINALLY<\/strong><\/p>\n

The \u2018Disciplinary Code\u2019<\/strong> sets out specific offences. These range from serious to the most minor of breaches. Dependent upon the seriousness, offending officers may be cited for calculated recklessness or gross negligence.\u2019 Administratively, these are capable of being looked at from one of two perspectives; (i) \u2018Disciplinary; or (ii) \u2026Criminally.\u2019<\/strong> Should the conduct allegedly exhibited have always been looked at gravely. Thus, if the conduct alleged tilted too far away from the \u2018Disciplinary Regulations\u2019<\/strong> and so outrageous to the public conscience, offending officer runs the risk of being subjected to \u2018Criminal Prosecutions.\u2019<\/strong><\/p>\n

PREJUDICIAL TO DISCIPLINE<\/strong><\/p>\n

The most serious among the \u2018Scheduled Offences\u2019 is that of; \u2018Discreditable Conduct.\u2019 <\/strong>The language contained in the \u2018Disciplinary Law,\u2019 as alluded to in the \u2018Constitution Order\u2019 [Section 21],<\/strong> though partially subjective, yet precise and discouragingly serious.\u2019 It states; \u2018If a member acts in; (i)<\/strong> \u2018\u2026Disorderly manner; or (ii)<\/strong> \u2026Any manner \u2018Prejudicial to Discipline;\u2019<\/strong> or (iii)<\/strong> \u2026Likely to bring discredit on the reputation of the Police Service\u2019 [Disciplinary offences: Section 6 (a): Police Act: Chapter 330]. Should the offending officer find no favor with the decision of a \u2018Commissioner- delegated Trial Officer,\u2019<\/strong> he\/she faces penalties ranging from; (a) \u2018\u2026Dismissal;<\/strong> to (b) \u2026Reduction in rank; to (c) \u2026Reduction in salary; to (d) \u2026A fine of EC$200;<\/strong> to (e). A reprimand\u2019 [Police Disciplinary Code].<\/p>\n

DISCIPLINARY CODE<\/strong><\/p>\n

There may have been very good reasons for the deliberate omissions of the latter. For the purposes of disciplinary hearings, it anticipates that a \u2018Court\u2019 <\/strong>shall be established. In its interpretation it states, \u2018\u2026It means a Court established by a disciplinary law.\u2019 That it defines as \u2018\u2026A law regulating the discipline of such Forces.\u2019 Thus, the discharge of a \u2018Service Firearm\u2019<\/strong> by a \u2018Police officer,\u2019 <\/strong>even when not acting in the \u2018Execution of Duty,\u2019<\/strong> could never be equated with a public officer positioned within the Gaston Browne-led administration and connivingly and covertly or overtly derailing or obstructive to the policies, plans and programmes of the Government.<\/p>\n

ADVERSE EFFECT<\/strong><\/p>\n

These appear more in keeping with the term \u2018Prejudicial to Government\u2019<\/strong> as contained in the \u2018Civil Service Regulations.\u2019 Having regard to the organizational status of \u2018Deputy Commissioner of Police Albert Wade.\u2019<\/strong> as a serving member of the \u2018Police Service,\u2019<\/strong> mockery may have been made by a \u2018Police Service Commission,\u2019 in taking a decision to suspend him. It shall never be \u2018unreasonably inferred\u2019 that any person taking critical decisions have consumed more than the decriminalized \u201815 Grammes\u2019<\/strong> of the vegetable substance for \u2018Recreational Use\u2019<\/strong> and consumable at home, but instead consumed at the office. However, no decision that may have \u2018Adverse Effect;\u2019<\/strong> (a) \u2018\u2026Career; (b) \u2026Tenure; (c) \u2026Livelihood; and (d) \u2026Life,<\/strong>\u2019 shall be taken without consideration to the effect such decision may have upon the \u2018psychological, mental, emotional and financial\u2019 <\/strong>well-being of the individual.<\/p>\n

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

In the \u2018Supreme Law\u2019<\/strong> of the nation, framers of the \u2018Constitution Order,\u2019<\/strong> seemingly harbored belief that in view of the unpredictable nature and erratic behavior of humans, members of certain \u2018Commissions\u2019 may not only express themselves acrimoniously, but also caused them to be victimized by the majority. This is not without merit or legitimate reasons. Recognizing these truths, very prudently and purposefully, they inserted a most fundamental \u2018Proviso.\u2019<\/strong> It states, \u2018\u2026In the performance of its functions, the \u2018Public Service Commission (PSC)\u2019 shall act in a manner consistent with the \u2018General Policy of the Government\u2019 <\/strong>as conveyed to the Commission by the Prime Minister\u2019 [Section 100 (6)].<\/p>\n

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

Anticipating interference and offering some measure of protection some office-holders, framers of the \u2018Constitution Order\u2019<\/strong> purposefully inserted a \u2018Protective Provision.\u2019<\/strong> It states,\u2019 This Section shall not apply in relation to certain offices namely; (i) \u2026The Director of Public Prosecutions (DPP);<\/strong> (ii)<\/strong> \u2026Director of Audit; (iii) \u2026The Attorney General;<\/strong> (iv)<\/strong>\u2026Supervisor of Elections; and (vi) \u2026Any office of the Police Force.\u2019 <\/strong>Reasonable inferences might be drawn, that they also believed that certain office-holders shall not only be treated fairly and gracefully, but shall be accorded respect to the \u2018Dignity and worth of the human person\u2019<\/strong> [CO: 1981: Founding Principle (a)].<\/strong> Among the offices constitutionally identified are; (i)<\/strong> \u2018\u2026Permanent Secretary;<\/strong> (ii)<\/strong> \u2026Office of Magistrates; (iii) \u2026Registrars of the High Court; <\/strong>(iv) \u2026Legal officers within the office of the Attorney General and Director of Public Prosecutions\u2019 [Sections 100 (3): 101 and 103].<\/strong> There shall be no reason for those with responsibility for \u2018Disciplinary Control\u2019<\/strong> of persons in these offices not to be positioned to make \u2018Informed Decisions.\u2019 There shall also be no reason for any decision=maker to be seen as administratively incompetent or seen as \u2018\u2026Square pegs in round holes\u2019 [Pointe FM: Prime Minister Gaston Browne].<\/strong>***<\/p>\n

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

by Rawlston Pompey It has been said that \u2018All things work for \u2018God\u2019s Glory.\u2019 Conversely, there have been some things that have brought upon humans untold and endless misery. In living memory, there has human desperation as there has been opportunistic exploitation of the human mind and person. These are daily features within the wider […]<\/p>\n","protected":false},"author":3,"featured_media":125188,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-125874","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Acrimonious Nature Of The Human Heart - 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-acrimonious-nature-of-the-human-heart-rawlston-pompey\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Acrimonious Nature Of The Human Heart\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey It has been said that \u2018All things work for \u2018God\u2019s Glory.\u2019 Conversely, there have been some things that have brought upon humans untold and endless misery. 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