{"id":143321,"date":"2021-12-14T07:46:46","date_gmt":"2021-12-14T11:46:46","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=143321"},"modified":"2021-12-14T07:46:46","modified_gmt":"2021-12-14T11:46:46","slug":"commentary-criminal-investigators-dangerous-investigative-trend","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-criminal-investigators-dangerous-investigative-trend\/","title":{"rendered":"COMMENTARY: Criminal Investigators – Dangerous Investigative Trend"},"content":{"rendered":"
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by Rawlston Pompey<\/strong><\/p>

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In recent times, law enforcers appear to have indulged themselves in a practice that appears fraught with danger. Such danger is often posed to the liberty of citizens, alleged by \u2018Third Parties\u2019 <\/strong>of running afoul of the law. The most vexing has been cases involving issues of consensual and non-consensual sexual escapades. Then either by physical presence, acquaintanceship, companionship or association, many have been implicated in sexual acts of, or bordering criminality.<\/p>\n

PERSPECTIVE<\/strong><\/p>

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This commentary looks at the culture and behavior of the modern Police officer. Secondly,\u2019 it seeks to put into perspective, a particular disturbing trend that seems far removed from professional law enforcement training and practice. Thirdly, it looks at a rather peculiar \u2018Telegraphic Media Release.\u2019<\/strong> That which shall be told, is that earlier law enforcement training sought to impress upon the minds of law enforcers, is that deprivation of personal liberty by effecting \u2018Arrest or Detention,\u2019<\/strong> shall; (i) \u2018\u2026Not be treated punitively or acrimoniously; and (ii) \u2026Shall always show legal justification,\u2019 particularly as it affects \u2018Third Party Allegations or Charge of a Third Person.\u2019 <\/strong>In these Cases, Crown Prosecutors have been constantly challenged for \u2018Corroborative Evidence.\u2019<\/strong><\/p>

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SURROGATE ACCUSERS\/WITNESSES<\/strong><\/p>\n

Likened to members of the wider society, there are those in Law enforcement that are vulnerable to environmental influences. Then there are those for reasons of docility often display gross stupidity. Likened to women that have reportedly contracted their womb for childbearing for those lacking fertility necessary to be impregnated, there are persons ever willing to be used, either as \u2018Surrogate Accusers\u2019 or \u2018Surrogate Witnesses.\u2019<\/strong> Criminal investigators shall know that lest they are deceived or fooled by sentimentality, they shall always be alert to persons making \u2018Third Party Allegations\u2019<\/strong> that may not only beg for truth, but also \u2018Corroborative Evidence.\u2019<\/strong><\/p>

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TREACHEROUS AND DANGEROUS<\/strong><\/p>\n

Humans, well known for their \u2018Vulnerability, Exploitability and Docility,\u2019 were often used to entrap the unsuspecting. Thus, l<\/strong>ikened to people reportedly afflicted with underlying health conditions, and said to be vulnerable to the \u2018Covid-19 Pandemic,\u2019 <\/strong>so too are minions \u2018Positioned for Exploitation.\u2019<\/strong> They are as \u2018Treacherous,\u2019<\/strong> as they are \u2018Dangerous.\u2019<\/strong> That which might also be said, is that law enforcers are not exception. Facts be presented, the overwhelming majority are guided by professional training, knowledge, the law and \u2018Dictates of Reason and Conscience.\u2019<\/strong><\/p>

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CULTURAL PROCLIVITY<\/strong><\/p>

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Not infrequently, without conducting formal investigation and criminal investigators have no \u2018Reasonable Grounds\u2019 <\/strong>for suspecting a person of committing a criminal act, many were reported to have been unlawfully deprived of their personal liberty. Not infrequently, persons were asked to visit Police precincts, only to be subsequently caged in an overcrowded Cell of detainees. Relating harbored fears and concerns or premonitions of embattled \u2018Member of Parliament Asot Michael,<\/strong>\u2019 and recent allegations made by a \u2018Third Party\u2019<\/strong> and \u2018Releases\u2019 <\/strong>to the media with hope and \u2018prosecutorial expectations\u2019 [ANR: December 10, 2021],<\/strong> he may have been given \u2018Treacherous Reasons\u2019<\/strong> to believe in what appears to have been a developed \u2018Cultural Proclivity\u2019 <\/strong>within the national Police Service.<\/p>\n

CHARGE OF THIRD PERSON<\/strong><\/p>\n

From the expressed views of many criminal suspects and law-abiding citizens, this has not only been particularly troubling, but also vexatious to the human spirit. Invariably, the very nature, explanation and theorized motive, demands thorough, skillful and careful investigation. That which suspects have found disconcerting, has been a clearly misguided practice by criminal investigators by \u2018Arresting and Charging\u2019 <\/strong>suspects, and investigating after. The Cases of; (i) \u2018\u2026Prime Minister Dr. Ralph Gonsalves; and (ii) \u2026Former Education Minister Michael Browne\u2019<\/strong> are just among many other Cases that have been the result of \u2018On Charge of a Third Person.\u2019 <\/strong>These Cases have suffered prosecutorial or judicial consequences.<\/p>\n

PROSECUTORIAL POSITION<\/strong><\/p>\n

Early in his prosecutorial tenure, \u2019Director of Public Prosecutions (DPP), Anthony Armstrong\u2019<\/strong> had taken the \u2018Prosecutorial Position\u2019<\/strong> that criminal investigators shall, at all material times ensure that there is overwhelming \u2018Prima Facie Evidence\u2019<\/strong> necessary to establish a \u2018Prima Facie Case.\u2019 <\/strong>This came in the wake of the heinous criminal act that resulted in the \u2018Unsolved Murder\u2019<\/strong> of a \u2018young, innocent and defenceless 10-year-old TN Kirnon student, Jemuel Samuel\u2019<\/strong> [Islandmix: June 27, 2006]. Hasty police \u2018Detention and Arrest\u2019<\/strong> of a 12-year-old male student, languished on prison remand for some 9 months. There was no bail and no trial. Fortunately, the lack of \u2018Prima Facie Evidence,\u2019 <\/strong>required to bring the accused to trial and justice, appeared to have been far from the reach of criminal investigators.<\/p>\n

PROTECTION AND REDRESS<\/strong><\/p>\n

Instructively, the \u2018Constitution Order\u2019[No. 1106],<\/strong> anticipates abuses by the improper exercise of \u2018Police powers.\u2019<\/strong> Thus, it was clearly for such reasons that framers inserted a most important \u2018Clause for Protection and Redress.\u2019 <\/strong>Mistake-prone officers shall be encouraged to familiarize themselves with this sometimes costly \u2018Liberty Protection Clause.\u2019 <\/strong>The \u2018Clause\u2019 <\/strong>unambiguously states: <\/strong>\u2018\u2026Any person who is unlawfully arrested or detained by any other person, shall, subject to such defences as may be provided by law, be entitled to compensation for such unlawful arrest or detention from the person who made the arrest or detention from any person or authority<\/strong> on whose behalf the person making the arrest or detention was acting or from both\u2019 [CO: 1981: Section 5 (7)].<\/p>\n

PRESUMPTION OF INNOCENCE<\/strong><\/p>\n

This may have been attributable to lack of procedural compliance or guidance. Such has seen: (i) \u2018\u2026Suspects being detained with regularity, even before a victim\/virtual complainants and witness statements have been recorded:<\/strong> (ii)<\/strong> \u2026Before investigators availed themselves time to develop reasonable suspicion: and (iii)<\/strong> \u2026Without suspects being accorded the right of consultation with an attorney or given the benefit of the constitutional right of the \u2018Presumption of Innocence\u2019 [CO: 1981: Section 15 (2) (a)].<\/strong> The recent experience of \u2018Kevin Samuel\u2019<\/strong> that a misguided \u2018Wanted Police Bulletin\u2019<\/strong> in which criminal investigators appeared to have harbored the erroneous belief, that he possessed \u2018\u2026useful information to further assist them in certain investigation.<\/strong>\u2019<\/p>\n

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

. As luck often had it, he and another \u2018Wanted Suspect\u2019<\/strong> were released from detention without charge [CO: 1981: Section 5 (5) (b)]. In search of \u2018Prima Facie Evidence,\u2019<\/strong> they were detained for 48 hours [ANR: December 5, 2021]. Suffering the indignity of being caged in a \u2018Detention Cell,\u2019<\/strong> this has not only vividly made evident the assertion of deprivation of liberty, but also the development of a disturbing and disconcerting \u2018Investigative Practice\u2019 <\/strong>on the part of some criminal investigators. Though not necessarily, trigger-happy, it clearly suggested behaviors obtained in some jurisdictions by \u2018overzealous cops.\u2019 <\/strong>They were often accused of exhibiting roguish, brutish and unprofessional behaviors and lewd discourse.<\/p>\n

DRAMA AND BAD PUBLICITY<\/strong><\/p>\n

Invariably, in disciplinary organizations, some exhibited behaviors were borne out of professional ignorance, errancy and sheer human stupidity. There are those, for reasons of want of professional guidance and strict supervision, were often seen as savoring the moment for \u2018Drama and Bad Publicity.\u2019<\/strong> Consequently, and irrespective of disciplinary consequences, these individuals appear always ever ready to do the unthinkable or say the unexpected. This may have been manifested when there was the apparent casual use of \u2018Pussy Language\u2019 <\/strong>in a \u2018Voice Message,\u2019 <\/strong>This has been circulated on social media, thereby generated wide and negative public discussions.<\/p>\n

\u2018PUSSY\u2019 REPORTING COP<\/strong><\/p>\n

The context in which it reported and the expressions used, clearly showed discipline, command and control.\u2019 This was said to have been a Police officer\u2019<\/strong> reporting the \u2018State of affairs\u2019 to a \u2018Superior officer.\u2019 <\/strong>In the \u2018Chain of Command,\u2019 <\/strong>a time immemorial reporting procedure has been established. Thus, \u2018Subordinates\u2019 <\/strong>are required to report to Superiors. <\/strong>From a professional perspective, such lewd and callous way of reporting is suggestive of several possibilities: (i) \u2018\u2026Breakdown in discipline; (ii) \u2026Over familiarity that often leads to lack of respect for supervisory authority: <\/strong>and (iii)<\/strong> …Signals scant or total disregard to organizational discipline.\u2019<\/p>\n

PUBLIC TRUST AND CONFIDENCE<\/strong><\/p>\n

More vexing, has been the circulation on social media of that which was officially reported. Such not only has \u2018Serious Implications\u2019<\/strong> for disciplinary action being instituted against both officers, but also consequences for \u2018Public Trust<\/strong> and Confidence.\u2019 <\/strong>These are critical to the reputation of the Police Service. It may have been for these reasons and exhibition of good discipline by word or conduct that the \u2018Police Disciplinary Regulations\u2019<\/strong> have been formulated. While the \u2018Disciplinary Code\u2019<\/strong> speaks to \u2018Discreditable Conduct,\u2019<\/strong> it also speaks to \u2018Breach of Confidence.\u2019 <\/strong>Such is explained hereunder.<\/p>\n

BREACH OFPOLICE DISCIPLINE<\/strong><\/p>\n

Therefore, given the need to ensure compliance to the \u2018Police Discipline Regulations\u2019<\/strong> and to maintain \u2018Force Discipline,\u2019 a Commissioner of Police and superior officers would be considered grossly reckless not to remind themselves to be familiar with particularities contained in these Regulations. Consequent upon that which has been reportedly emerged, those with authoritative powers may wish to visit the Regulations that clearly states; (i)<\/strong> \u2018\u2026If a member of the Force divulges any matter which is his duty to keep secret; <\/strong>or (ii)<\/strong> \u2026Without proper authority communicates to the public press or to any unauthorized person,<\/strong> any matter connected to the Force\u2019 commits a breach of discipline\u2019 [Police Discipline: Chapter 330: Paragraphs (f) (1 and 3)].<\/p>\n

PRINCIPLES OF DEMOCRACY<\/strong><\/p>\n

Even as human civilization improves and the \u2018Principles of Democracy\u2019<\/strong> are constantly preached, there appears to be more breaches to the \u2018Fundamental Rights and Freedoms\u2019<\/strong> of the Individual,\u2019 than that being preached. As it affects \u2018Law Enforcement,\u2019 <\/strong>this has been a universal phenomenon. As far as restraining a liberty is concerned, the properly trained law enforcement officers have been constantly instructed that with or without Warrant, there are three foundations on which an arrest or detention may be made. These, the \u2018National Law Enforcement Training Manual\u2019<\/strong> refers to as: (i) \u2018\u2026On view: (ii) \u2026Reasonable suspicion: and (iii) \u2026On the Charge of a Third Person.\u2019 <\/strong><\/p>\n

IGNORED PROCEDURE<\/strong><\/p>\n

It has been the latter of these foundations that seemed to have been religiously ignored. Moreover, the ignored procedure has not only been seen as a threat to citizen\u2019s liberty, but also to public confidence, cooperation, respect and support in the fight against crime and violence. Thus, such evidence shall, on its own, speak to its credibility and irrefutability, and more particularly the veracity and character of the source\/s. Speaking to the \u2018Charge of Third Person,\u2019<\/strong> this legal term speaks to specific situations that are not within the personal knowledge of any law enforcement personnel. That is to say, where an officer had not in actuality witnessed the commission of a crime.<\/p>\n

THIRD PARTY ALLEGATIONS<\/strong><\/p>\n

Those that have conceptualized the term \u2018Charge of a Third Person,\u2019<\/strong> appeared to have been aware of the propensity of humans to create and make mischief and\/or spurious or baseless allegations. This term has been classified as \u2018Third Party Allegations.\u2019 <\/strong>It has been the professional knowledge and experience that overwhelming evidence often guides determination of the appropriate criminal charges and successful prosecutions. With some degree of insistency, very strong on these points, has been \u2018Director of Public Prosecutions (DPP), Anthony Armstrong.<\/strong>\u2019<\/p>\n

CHARGE OF THIRD PERSON<\/strong><\/p>\n

For the procedural guidance of criminal investigators, those conceptualized and coined the term, \u2018Charge of A Third Person,\u2019<\/strong> prudently and purposefully inserted such clause to aid unbiased criminal investigation, non-judgmental and rational decision-making. Such \u2018Charge\u2019<\/strong> is simply where a person: (a) \u2018\u2026Makes a Complaint: or (b) \u2026Report: or (c) \u2026By a third party making an allegation\u2019<\/strong> that an identifiable or non-identifiable person, perpetrated a criminal act against him\/her.\u2019 Conversely, for an understanding or academic interest, \u2018Prima Facie Evidence\u2019<\/strong> is simply evidence on the \u2018face\u2019 of which, suggests the involvement of a suspect in the alleged crime. Law enforcement training guides non-hasty and non-contemplative \u2018Detention or Arrest,\u2019<\/strong> particularly, when the \u2018Charge\u2019 <\/strong>appears not \u2018Well-Founded.\u2019 <\/strong><\/p>\n

FRAUGHT WITH DANGER<\/strong><\/p>\n

While the legal term \u2018Charge of A Third Person\u2019<\/strong> has its place within the Judiciary, it is one that is \u2018Fraught with Danger.<\/strong>\u2019 This is particularly so for those victimized by criminals. The danger so posed has to do with the determination of \u2018Crown Prosecutors\u2019<\/strong> in engaging the attention of a \u2018Jury.\u2019 From this perspective, they shall make final \u2018Prosecutorial Determinations.\u2019 <\/strong>They shall be satisfied that there is; (i)<\/strong> \u2018\u2026Sufficiency of evidence prosecutorally necessary to establish a prima facie case; and (ii)<\/strong> \u2026There is reasonable prospect of conviction.\u2019<\/p>\n

CORROBORATIVE EVIDENCE<\/strong><\/p>\n

Therefore, whatever the criminal nature or gravity of the third party \u2018\u2026Complaint: \u2026Report: or \u2026Allegation,<\/strong>\u2019 these shall not only be promptly dealt with, but also thoroughly investigated. This is not only of vital importance, but shall also be evidentially substantiated in moving to the prosecutorial stage. Therefore, where \u2018Corroborative Evidence\u2019 is<\/strong> so critical in \u2018Third Party Allegations,\u2019<\/strong> in some material particular, such shall be independently corroborated. The private\/criminal alleged sexual molestation instituted by a female police officer against a \u2018Regional Prime Minister\u2019<\/strong> makes the point\u2026<\/p>\n

PROSECUTORIAL INTENT\/PURPOSES<\/strong><\/p>\n

To all \u2018Prosecutorial Intent and Purposes,\u2019<\/strong> exercising powers constitutionally vested in his office, then \u2018Director of Public Prosecution (DPP) Collin Williams\u2019 <\/strong>(now His Lordship within the Eastern Caribbean Supreme Court (ECSC) not only took over the proceedings, but also discontinued the matter before advancement to the \u2018Preliminary Inquiry\u2019<\/strong> stage. A regional news portal reported the \u2018DPP\u2019 as saying that; \u2018\u2026The allegation raised would not have been able to stand in a Court of law, and consequently dismissed the matter\u2019<\/strong> [SKBVibes: September 23, 2008].<\/p>\n

DECISION TO DROP CHARGE<\/strong><\/p>\n

The case, instituted by the 36-year-old female Police Officer, victim and virtual complainant, was one filed by her attorney on the basis of a \u2018Third Party Allegation.\u2019<\/strong> As factual as some incidents may be, the lack of \u2018Corroborative Evidence,\u2019<\/strong> often posed grave prosecutorial difficulties. The said news portal reported that \u2018\u2026PM Gonsalves fervidly denied the charge.\u2019 Stating further, he reportedly said that; \u2018\u2026It was merely an attempt by his opponents to damage him politically and discredit him.<\/strong>\u2019 Another news portal quoted the ironical response to media questions by the \u2018DPP.\u2019 as saying that the \u2018Decision to Drop\u2019<\/strong> the matter was \u2018\u2026In the best of justice\u2019 <\/strong>[Jamaica Gleaner: February 5, 2006]. Yet another quoted the \u2018DPP\u2019 as saying \u2018\u2026The claim was groundless, and lacked medical or genetic evidence\u2019 [Jamaica Observer: February 6, 2008].<\/p>\n

MERE ALLEGATIONS<\/strong><\/p>\n

Today, \u2018Mere Allegations,\u2019<\/strong> seem to have befuddled the investigative mind. Invariably, criminal investigators appear to have been led to believe that suspects of whatever class or status, have committed the criminal acts alleged by \u2018Third Parties.\u2019<\/strong> Thus, such allegations and such belief often provide the basis for immediate \u2018Arrest or Detention\u2019<\/strong> before the investigative process produces \u2018Prima Facie Evidence.\u2019 The \u2018Well-Founded Charge\u2019<\/strong> shall be so well grounded that it creates no doubt whether or not to restrain the liberty of a suspect. In such case, the evidence shall inform the astute criminal investigator in making well-informed professionally-guided decisions.<\/p>\n

LIBERTY v TYRANNY<\/strong><\/p>\n

In researching for this commentary, the most unlikely bit of information has emerged on social media. In speaking to such information, it brought to mind this quote: \u2018\u2026When Government<\/strong> fears the people, there is \u2018Liberty.\u2019<\/strong> Conversely, it has also been said that \u2018\u2026When the people fear Government,<\/strong> there is \u2018Tyranny\u2019 [Thomas Jefferson: 3rd<\/sup> US President: 1801-1809].<\/strong> In most democracies, there is a bit of both. That which is to be developed is the headlined news story that states: \u2018\u2026Response by the Government to the false claim being spread by Mr. Asot Michael\u2019 [ANR: December 10, 2021]. <\/strong>It is evident that such response was made to an alleged offender in the personal capacity of an ordinary citizen. This appears opposed to his \u2018Parliamentary Membership.\u2019<\/p>\n

MOST DAMNING \u2013 MOST TROUBLING<\/strong><\/p>\n

That which appears \u2018Most Damning,\u2019<\/strong> is part of the contents that clearly and factually states: \u2018\u2026This is not the first time that Mr. Michael has been accused of sexual violations, involving our youth.\u2019<\/strong> This clearly suggests serious litigious implications for \u2018Diminution of Character.\u2019<\/strong> Then there appears to be the \u2018Most Troubling\u2019 <\/strong>statement publicly directed for the attention of \u2018Commissioner of Police Atlee Rodney QPM\u2019<\/strong> and \u2018State Prosecutor Director of Public Prosecutions (DPP), Anthony Armstrong.\u2019 <\/strong><\/p>\n

CALLOUS \u2013 RECKLESS AND PURPOSEFUL<\/strong><\/p>\n

In private conversations, some legal luminaries have not only drawn reasonable inferences, but also asserted that the unidentified author\/s, have impliedly telegraphed a very \u2018Callous: \u2026Reckless: and Purposeful\u2019 <\/strong>message through the \u2018Media Release.\u2019 It unambiguously states: \u2018\u2026My Government expects the Police and prosecuting authorities to do all they can within the law to protect our youth from sexual predators and to ensure that the perpetrators are brought to justice\u2019<\/strong> [ANR: December 10, 2021: Paragraph 2]. Holders of these offices shall know that they shall not be cowed under any kind of pressure. Thus, in the performance of their respective duties, even as they face the possibility of \u2018direct or indirect\u2019 exploitation, they shall not be influenced, neither by the environment nor by extraneous matters.<\/p>\n

CLARITY OF UNDERSTANDING<\/strong><\/p>\n

Given the expectations contained in the \u2018Release\u2019 to the media [ANR: December 5, 2021], for the avoidance of doubt and \u2018Clarity of Understanding,\u2019 Lord Denning\u2019s dicta clearly states:\u00a0 \u2018\u2026The Commissioner of Police is responsible to the law and the law alone\u2019<\/strong> [1968: Regina v Metropolitan Police Commissioner Raymond Blackburn ex parte:2 QB: 118: 134-136]. The Cases of: (i) \u2018\u2026APC v APUA [2013: UKPC: 23: No. 0063 of 2012]: and (ii) \u2026Attorney General v Steadroy \u2018Cutie\u2019 Benjamin\u2019 [2014: UKPC 8: No. 0083 of 2011], also make the point.<\/strong><\/p>\n

MINISTER OF CROWN AND POLICE AUTHORITY<\/strong><\/p>\n

From professional learning,<\/strong> procedural knowledge and settled law, prominent \u2018British Jurist \u00a0and Master of the Roll, Lord Alfred Thompson \u2018Tom\u2019 Denning\u2019<\/strong> has made it sufficiently clear for every practicing attorney, including the well-learned \u2018Samantha Marshall\u2019<\/strong> and well-read \u2018Student of American Law,<\/strong> Lionel \u2018Max\u2019 Hurst\u2019 that they may further apprise themselves that his dicta states: (a) \u2018\u2026No Minister of the Crown: and (b) \u2026No Police authority\u2019 <\/strong>shall dictate to a Commissioner of Police anywhere within the \u2018British Commonwealth,\u2019 including this democracy, how he\/she may perform his \u2018Law enforcement Duties.\u2019<\/strong><\/p>\n

CONSTITUTIONAL POSITION OF DPP<\/strong><\/p>\n

Then for \u2018Prosecuting authorities,\u2019 every practicing attorney and every \u2018half baked\u2019 student of law, may have been considered reckless not to have exhibited familiarity with the \u2018Constitutional Position of the Director of Public Prosecutions (DPP).<\/strong> For ease of reference, citizens only need to visit the \u2018Constitution Order of Antigua and Barbuda\u2019 [CO: 981: No.1106]. With some degree of \u2018pellucidness\u2019<\/strong> [Sir Lester Bryant Bird KNH], it provides unfettered powers to the office holder.\u2019 It states: \u2018\u2026The powers conferred on the Director of Public Prosecutions shall be vested in him to the \u2018EXCLUSION\u2019<\/strong> of any other person or authority\u2019 [Section 88 (2)]. Even with loose or gallery talk,\u2019 likened to the \u2018Lord\u2019s Anointed,\u2019<\/strong> none may also touch the \u2018Constitutionally Appointed.\u2019<\/strong><\/p>\n

LITIGIOUS ASSERTIONS<\/strong><\/p>\n

That which all students of law shall know, is that which the \u2018Constitution Order\u2019<\/strong> provides for the office of \u2018Attorney General.\u2019 Thus, they shall familiar themselves with the Section that states; \u2018\u2026There shall be an Attorney General of Antigua and Barbuda.\u2019<\/strong> Moreover, they shall know that the constitutional position of the holder of such office is that he\/she shall be; \u2018\u2026The principal legal adviser to the Government\u2019 [Section 82 (1)]. <\/strong>Such \u2018Legal Adviser\u2019 <\/strong>will have been considered grossly reckless to have advised and\/or authored a \u2018Media Release,\u2019 that seemed pregnant with \u2018Litigious Assertions.\u2019 <\/strong>On the contrary, where there may have been no legal input or scrutiny, not only an Attorney General would be placed in an invidious position, but also forced to defend the indefensible.<\/p>\n

LEGAL ADVICE TO GOVERNMENT<\/strong><\/p>\n

Even as the \u2018Media Release\u2019 <\/strong>refers to \u2018My Government,\u2019<\/strong> its content and construct speak to an author that has scant regard for the \u2018Ministry of Justice and Legal Affairs.\u2019 <\/strong>Except so sanctioned, including the Cabinet, not may offer \u2018Legal Advice\u2019<\/strong> to the Government. With a legal practice of longevity, such Release may never have escaped the attention of \u2018Attorney General and Justice and Legal Affairs Minister, Steadroy Cutie\u2019 Benjamin.\u2019<\/strong> Without trepidation or contradiction, with his legal knowledge and familiarity with the \u2018Constitution,\u2019<\/strong> one may assert that such \u2018Media Release,\u2019 <\/strong>appeared to have been starved of his expertise, authorship and ministerial scrutiny.<\/p>\n

INSULTS TO INJURY<\/strong><\/p>\n

Many in other jurisdictions have been frequently accused of shooting suspects, then asked the fearful law-abiding citizens questions of incidents outside their personal knowledge. The apparent investigative tendency has often been compounded by the \u2018Adding more Insults to Injury.<\/strong>\u2019 It is to the knowledge of many persons, and not the least the \u2018Magistracy and office of Crown Prosecutors,\u2019 that before martialing evidence, suspects are hastily and prematurely arrested and charged with criminal offences, while investigations were said to be in progress. The Case involving the brazen daylight kidnapping and cold-blooded murder of former Customs officer \u2018Nigel Christian,\u2019 <\/strong>from his Mc Kinnon residence, by four men, makes the point [July 10, 2020].<\/p>\n

UNAVAILABILITY OF CASE FILES<\/strong><\/p>\n

Then there has been the vexed issue of \u2018Unavailability of Case Files.\u2019<\/strong> It is to public knowledge that invariably, \u2018Police Court Prosecutors\u2019 have been awkwardly placed to inform Magistrates that the criminal investigation has been incomplete and that they possessed \u2018No Case Files.\u2019<\/strong> While some accused persons continued to languish on remand in jail, others with the ability to secure bail, continue to face inordinate trial delays.<\/p>\n

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

Finally, as it relates to \u2018Third Party Allegations or on Charge of a Third Person,\u2019<\/strong> acute prosecutorial consideration shall always be given to the evidence obtained. Therefore, criminal investigators shall be guided by \u2018Criminal Evidence and Procedure\u2019<\/strong> and that contained in the \u2018Judges Rules.<\/strong>\u2019 Moreover, \u2018Arresting officers\u2019<\/strong> shall inform themselves \u2018that the Law <\/strong>merely permits an arrest when \u2018Power to Arrest\u2019<\/strong> is statutorily provided. They shall also know that among the considerations for arrest are: (i)<\/strong> \u2018\u2026The gravity of the charge, and increased likelihood of absconding: (ii)<\/strong> \u2026In the interest and protection of the suspected person from potential physical or moral danger: (iii)<\/strong> \u2026The interest of the public in removing a danger from the citizenry; (iv)<\/strong> \u2026Preventing suspects from defeating the ends of justice; i.e. providing opportunities to dispose of evidence- stolen property or warning accomplices; (v)<\/strong> \u2026To obtain evidence where the possibility exists that stolen property is concealed: (vi)<\/strong> \u2026Where a Summons would be ineffectual: and (vii) \u2026Where there is need for Corroboration.\u2019<\/strong> This relates to the physical condition of suspects. \u00a0***<\/p>\n

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by Rawlston Pompey In recent times, law enforcers appear to have indulged themselves in a practice that appears fraught with danger. Such danger is often posed to the liberty of citizens, alleged by \u2018Third Parties\u2019 of running afoul of the law. The most vexing has been cases involving issues of consensual and non-consensual sexual escapades. […]<\/p>\n","protected":false},"author":3,"featured_media":6246,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-143321","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Criminal Investigators - Dangerous Investigative Trend - 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-criminal-investigators-dangerous-investigative-trend\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Criminal Investigators - Dangerous Investigative Trend\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey In recent times, law enforcers appear to have indulged themselves in a practice that appears fraught with danger. 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