{"id":148699,"date":"2022-03-28T08:00:58","date_gmt":"2022-03-28T12:00:58","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=148699"},"modified":"2022-03-28T08:00:58","modified_gmt":"2022-03-28T12:00:58","slug":"monkey-climbing-up-the-wrong-tree","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/monkey-climbing-up-the-wrong-tree\/","title":{"rendered":"Monkey Climbing Up The Wrong Tree?"},"content":{"rendered":"
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by Rawlston Pompey<\/strong><\/p>

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Not infrequently, \u2018Monkeys\u2019<\/strong> were known to have mimicked humans. Not infrequently too, humans were seen mimicking \u2018Monkeys.\u2019 <\/strong>Likened the ape-like animals, humans have found themselves \u2018Climbing Up into the Wrong Tree.\u2019 <\/strong>In most institutionalized agencies for social and behavioral control, as Law enforcement, there is a time when it appears that ignorance seems so bliss, and incompetence so rife, citizens found no difficulties in comparing human behavior to \u2018Monkeys\u2019<\/strong> endeavoring to play with the \u2018Cubs of lions.\u2019<\/strong> Unsuspectingly, they have been stimulating the instinctive and voracious appetite of another species.<\/p>\n

ILLUSIONS OF GRANDEUR<\/strong><\/p>

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In that \u2018Kingdom,\u2019<\/strong> that which some animals do not know, is that which they see as \u2018Fun,\u2019<\/strong> other carnivorous species see it as \u2018Food.\u2019<\/strong> Such animals never knew that they were flirting with danger. In the context of Law enforcement officers, there are those that have been seen as savoring \u2018Illusions of Grandeur.\u2019 <\/strong>Though in reality it does not appear so, there has been the \u2018Presumption\u2019<\/strong> that every citizen has \u2018Knowledge of Law.\u2019<\/strong> Thus, invariably, some appeared to have harbored strong beliefs that they are \u2018Towers of Strength,<\/strong>\u2019 and that citizens, including practicing attorneys, were also under monarchial survey. While many have so savored, such has never been the case. In fact, they too would have been flirting with litigious danger.<\/p>

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REALM OF LAW<\/strong><\/p>\n

For, law enforcers more than the common citizen, shall not only function within the society, but also perform their duties and conduct themselves within the \u2018Realm of Law.\u2019 <\/strong>Some have also given the impression that they have only peaked in satisfaction and delight in glory, by doing the unthinkable. They shall know that in discharging their operationally assigned duties, they are held highly \u2018Accountable\u2019<\/strong> for their individual and collective action, over-reaction or inaction.\u2019 Though not in the snow, two officers will know where barley do not even grow.<\/p>

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

From the perspective of enforcement officers, unlike the citizenry whose presumption is premised on the promulgation and publication of the law, officers are not only trained, but also deemed to know the law. This may have been the reason for the doctrine \u2018Ignorance to law is no excuse,\u2019<\/strong> Latin; \u2018Ignorantia Juris Non Excusat.\u2019 <\/strong>If it were not so, then \u2018Rogue Cops\u2019<\/strong> would rove and hold citizens at gunpoint, robbed them of \u2018Vegetable Substances\u2019<\/strong> then go and puff or sell freely.\u2019 This has not been the judicial practice nor understanding of \u2018Her Ladyship, Justice Ann-Marie Smith\u2019 [ANR: March 25, 2022]. <\/strong><\/p>

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PERSPECTIVE<\/strong><\/p>

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This commentary however, looks at; (a)<\/strong> \u2018\u2026The intimidatory tenor of a \u2018Letter\u2019<\/strong> purportedly authored by an apparent misguided \u2018Assistant Superintendent of Police,\u2019<\/strong> addressed, and \u2018Hand Delivered\u2019<\/strong> to a practicing attorney and a female client\u2019 [Ref: CID\/P 03\/22: March 22, 2022]<\/strong>; (b) \u2026Sections- \u20184: 18: and 26\u2019<\/strong> of the \u2018Electronic Crimes Act\u2019 <\/strong>as they affect \u2018Investigative Police procedures (ECA)\u2019 [No.14 of 2013].<\/strong> and (c) <\/strong>\u2026Authoritative position of the \u2018Director of Public Prosecutions (DPP).<\/strong><\/p>\n

REASON AND CONSCIENCE<\/strong><\/p>\n

In modern civilization, and in the context of socialization, except a person was known to have possessed \u2018Inferior intellect,\u2019<\/strong> it shall not only be seen that such person is in want of learning, but also of knowledge and commonality of understanding. Conversely, those considered of possessing \u2018Superior intellect,\u2019<\/strong> doing the unthinkable, was often considered abhorrent and inexcusable. Whether or not it has been so accepted, it has been said that every human being is endowed with \u2018Reason and Conscience.\u2019<\/strong> Frequently, these appear not to have resided in some law enforcers, and generally the lawless members of society.<\/p>\n

LEADING FROM BEHIND<\/strong><\/p>\n

Relating this to the attitude of some \u2018Criminal Investigators,\u2019<\/strong> evidence suggests that particular courses of action often tend to show a developed and unwholesome pattern of investigative behavior. In criminal investigation, as in any law enforcement operation, placing a smart \u2018Murder Accused\u2019<\/strong> likened to the fox-like cunningness of the social media-called \u2018Vampire Killer,\u2019<\/strong> \u2018Delano Forbes\u2019 positioned<\/strong> to lead and traverse a footpath through unfamiliar bush-density and rocky terrain [ANR: February 12, 2018]. <\/strong>Such error in \u2018Operational Judgement\u2019<\/strong> will not only be seen as fraught with \u2018Operational Danger,\u2019<\/strong> but also has potential for inviting embarrassment to superiors that pushed subordinates in front, while they \u2018Lead from Behind.\u2019<\/strong><\/p>\n

PARLIAMENTARY MISCHIEF<\/strong><\/p>\n

Given the widespread use of social media and easy accessibility of electronic devices, the \u2018Mischief Aim by Parliament,\u2019<\/strong> is that no person shall ; (i) \u2018\u2026Intentionally: or (ii) \u2026Without lawful excuse; or (iii) \u2026Justification,<\/strong>\u2019 send information that might be considered by any person, and by extension, law enforcers as either, (a) \u2018\u2026False: or (b) \u2026Intended to cause annoyance;<\/strong> (c)<\/strong> \u2026Inconvenience; (d)<\/strong> \u2026Danger; (e)<\/strong> \u2026Obstruction: (f)<\/strong> \u2026Insult; (g)<\/strong> \u2026Injury; (h)<\/strong> \u2026Intimidation; (i) \u2026Enmity;<\/strong> (j)<\/strong> \u2026Hatred; or (k)<\/strong> \u2026Ill-will\u2019 by persistently make use of such electronic system.\u2019 <\/strong>By any of these, such person commits an offence under the \u2018Dreaded Act\u2019 [ECA: Section 4 (1): No. 14 of 2013].<\/strong><\/p>\n

DRACONIAN CONSTITUTION<\/strong><\/p>\n

Consequent upon the severe nature of the imposable punishment, many citizens and legal practitioners appeared to have been impelled to equate the penalties with those of the \u201819th<\/sup> Century Unforgiven Law.\u2019<\/strong> Research has shown that such law was contained in the \u2018Draconian Constitution,\u2019 <\/strong>dated back to \u20187th<\/sup> Century BC\u2019<\/strong> [Wikipedia]. The regulations contained in the \u2018Electronic Crimes Act\u2019<\/strong> appear not to have embraced the nation\u2019s concept of a \u2018Free people and free institutions as contained <\/strong>in the Constitution Order\u2019 [1981: CO: No. 1106: Principle: A]. Neither do the statutory penalties for \u2018Non-offences Against the Person and Non-Property Acts\u2019 [Chapter 300], reflect modern civilization. Neither does it \u2018\u2026Symbolize the public conscience.\u2019<\/strong> Notwithstanding the overwhelming majority of the populace has given the \u2018Law\u2019<\/strong> their \u2018undivided allegiance\u2019 [CO: Principle: D].<\/strong><\/p>\n

COMPULSION BY ARREST<\/strong><\/p>\n

Controversy reigned, while consternation sunk deep into the hearts of many practicing members of the legal fraternity, none more so than attorney-at-law, \u2018Wendell Robinson.\u2019<\/strong> That which investigators appeared not to have known is that except by arrest on reasonable grounds of suspicion, \u2018No person is obliged to voluntarily or willingly submit him\/herself to any Police station.\u2019<\/strong> Even more fundamental to any \u2018Compulsion by Arrest,\u2019 <\/strong>no person may implicate him\/herself in any criminal wrongdoing. Thus, not only has the \u2018Constitution\u2019<\/strong> [CO: 1981: Section 15],<\/strong> provides for the \u2018Presumption of Innocence,\u2019<\/strong> but also the universally known \u2018Legal Maxim\u2019<\/strong> that states; \u2018\u2026He who asserts \u2018MUST\u2019 prove.\u2019<\/strong> This has been borne out in the Cases, \u2018Banane v Banane\u2019<\/strong> [SCA: 29\/2018].<\/p>\n

MISGUIDED LETTER<\/strong><\/p>\n

Consequent upon such command, reasonable inferences might be drawn that lack of \u2018Procedural Knowledge\u2019 <\/strong>as provisionally contained in the \u2018Act,\u2019 <\/strong>may have been the primary reason for the \u2018Misguided Letter.\u2019 <\/strong>The provision simplified for easy comprehension by students at the \u2018Five Islands University.\u2019<\/strong> Thus, it unambiguously states; \u2018\u2026If the disclosure is required for the purpose of; (a) \u2018\u2026Criminal investigation; or (b) \u2026Prosecution of a criminal offence, a \u2018Police Officer\u2019 may apply to a \u2018Magistrate or Judge\u2019 sitting in Chambers for a \u2018Production Order.\u2019 <\/strong>A person so ordered or compelled could be imperiled by \u2018Fine of EC$100, 000\u2019<\/strong> or a \u201812-month Custodial Sentence\u2019<\/strong> for refusing to submit the specified data in that person\u2019s possession or control, and stored in an electronic system\u2019 [ECA: No. 14 of 2013: Section 18 (1)].<\/p>\n

COMMANDINGLY AND INTIMIDATINGLY<\/strong><\/p>\n

The Letter \u2018Commandingly and Intimidatingly\u2019<\/strong> states; <\/strong>\u2018\u2026You, along with your client are hereby \u2018formerly\u2019 (formally) informed and instructed to make \u2018your selves\u2019 (yourselves) available at the \u2018Regional Cyber Lab located at Langford\u2019s Police Station on Thursday 24th<\/sup> March 2022 at 11.00 AM in the forenoon\u2019<\/strong> to produce the above information as required by law.\u2019 Ensuring that the contents of the inconsequential \u2018Letter\u2019<\/strong> were understood by both \u2018Attorney and Client,\u2019 its contents further states; \u2018\u2026Your refusal or failure to do so, the police won\u2019t hesitate to prefer the necessary charge(s) against you and take you before the Court to answer to the Complaint(s).<\/strong><\/p>\n

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

Having clearly shown investigative partiality and ill-will and the pre-determined course of action to be followed, yet with some measure of cordiality, it ends; \u2018\u2026Respectfully; \u2026Cordell O\u2019Garro; \u2026Assistant Superintendent of Police;<\/strong> For Officer i\/c CID, CRO, Youth Intervention & Narcotics.\u2019 The contents of the \u2018Letter,\u2019 looked at from the perspective of the conduct of investigation that may or may not show that \u2018an Electronic Crime,\u2019 has been committed, such \u2018Letter\u2019 may have been seen as counter-productive to that being evidentially sought. Moreover, it may also be described as inexplicably bad for publicity, police\/public partnership in crime fighting, and perilous to citizens trust, confidence and community relations.<\/p>\n

ANTI-SOCIALLY DREAD<\/strong><\/p>\n

The \u2018Electronic Crimes Act,\u2019 <\/strong>not only provides for the prevention, but also penalization of those that intentionally, mischievously by reckless and callous social media comments or postings, and seen to have run afoul of the law. Consequent upon conviction, are frightening \u2018Hefty Fines,\u2019 <\/strong>with alternative terms of imprisonment. A \u2018Magistrate,\u2019 <\/strong>considering him\/herself \u2018Anti-Socially Dread,\u2019 <\/strong>defendants \u2018Summarily\u2019 convicted\u2019<\/strong> face a \u2018Fine of EC$200, 000<\/strong> or 3-years imprisonment\u2019 or both fine and confinement. Conversely, those indicted, tried and convicted by a \u2018Judge Alone <\/strong>or Judge and Jury,\u2019 <\/strong>the statutory stipulated penalty is \u2018EC$500, 000 or 7-years imprisonment\u2019<\/strong> or both\u2019 [CCA: Section 4 (3)].<\/p>\n

EXCESSIVE BAIL – BAIL BLUES<\/strong><\/p>\n

It is beyond question that a person so arrested and charged with an offence under \u2018Section 4,\u2019<\/strong> could become horror-stricken and face \u2018Bail Blues.\u2019<\/strong> This is likely to be so, since among the bail conditions Courts may order, a \u2018Cash Component.\u2019<\/strong> Conscious of this, and recognizing the need for the constitutionally-presumed person to enjoy some liberty, albeit restrictive, framers of the \u2018Constitution\u2019 <\/strong>carefully inserted this provision. It states; \u2018\u2026Where a person is arrested, \u2018Excessive Bail\u2019 shall not be required in those cases where bail is being granted\u2019 [CO: 1981: Section 5 (4)]. <\/strong>Frequently, however, when Bail was offered, financial constraints<\/strong> have almost always militated against it being immediately granted.<\/p>\n

TARGETS – LIKELY OFFENDERS<\/strong><\/p>\n

Until very recently, the citizenry appeared to have been least concerned about the offences contained in the \u2018Electronic Crimes Act.\u2019 <\/strong>Many became aware of its legislative object and purpose, when a female and male have been made aware of the legal consequences that may come upon any person using any \u2018Electronic Device\u2019<\/strong> recklessly and irresponsibly. Given the advent of, accessibility to information and technology and its intended use, it shall be obvious to both users of \u2018Electronic Devices\u2019<\/strong> and \u2018Service Providers\u2019<\/strong> whom the legislation sees as possible \u2018Targets and likely offenders.\u2019<\/strong><\/p>\n

LEGAL IMPLICATIONS<\/strong><\/p>\n

\u00a0<\/strong>Now, as it affects recent enforcement developments, many citizens, particularly, social media visitors, now understand the \u2018Legal Implications\u2019<\/strong> and statutory punishing nature of offences allegedly committed against the \u2018Electronic Crimes Act.\u2019<\/strong> Incidentally, its enforceability and applicability, are geared toward preventing or prosecuting persons sending messages to others through any electronic or any communication devices. Even in the \u2018Evidential Requirement\u2019<\/strong> of the most critical element of \u2018Persistency\u2019 [Section 4 (1)], <\/strong>investigators have so far, instituted criminal proceedings against one person.<\/p>\n

ACRIMONIOUS ENFORCEMENT<\/strong><\/p>\n

While there may not have been many aggrieved citizens, those that have reportedly considered themselves victims of its apparent \u2018Acrimonious Enforcement,\u2019<\/strong> have been identified as; (i) \u2018\u2026Social and community activist and social media personalities Mary John; and (ii) <\/strong>\u2026Talk Radio show caller, the \u2018Washington Emanuel Bramble 42.\u2019 <\/strong>He is more widely known, and fondly called \u2018Washie; or Comrade Washie; <\/strong>or the effeminate \u2018Dame Sherese Bramble\u2019 [HuffPost: December 8, 2016]. <\/strong>With varying commonalities of interest, these personalities may not only have been given reasons to harbor feelings of discrimination, but also harbor feelings of trepidation by the apparent acrimonious ways the \u2018Electronic Crimes Act\u2019<\/strong> has been enforced against them.<\/p>\n

ELECTRONIC DEVICES<\/strong><\/p>\n

The \u2018Act\u2019<\/strong> interprets this as, \u2018\u2026Any hardware that accomplishes its functions using any form or combination of electric energy.\u2019<\/strong> Ensuring that users of whatever device have a legal understanding, the \u2018Act\u2019<\/strong> interprets \u2018Function\u2019 <\/strong>of the device, as including; (a)<\/strong> \u2018\u2026Logic: (b)<\/strong> \u2026Control; (c)<\/strong> \u2026Arithmetic; (d) \u2026Deletion: (e) \u2026Storage; (f) \u2026Retrieval and communication; <\/strong>or (g)<\/strong> \u2026Telecommunication to, or from or within an electronic system\u2019 [ECA: Section 2].<\/strong>\u00a0 The \u2018Electronic Crime Act,\u2019<\/strong> though not necessarily half as \u2018Dread\u2019<\/strong> as the \u2018Dominica Dread Act\u2019 [1974:<\/strong> Dominica], many people have also looked at it in similar light to that of the notorious \u2018Gun Court\u2019 [1974: <\/strong>Jamaica].<\/p>\n

JOHN AND BRAMBLE<\/strong><\/p>\n

For instance, whereas for the same offence, with similar facts or evidential requirements and whereas Cases can be expedited \u2018Summarily,\u2019<\/strong> seemingly aiming at heftier penalty, prosecutorial agencies have decided that \u2018Mary John\u2019<\/strong> shall face \u2018Trial by Jury.\u2019<\/strong> Though not jointly charged, both \u2018John and Bramble\u2019<\/strong> were reported to have run afoul of the law. Both were alleged to have posted information on social media, said to have been either false, implicatory to, and injurious to the character and professional integrity of others. The former was accused, arrested and charged with sending offensive messages through social media\u2019 [ANR: January 4, 2022].<\/strong><\/p>\n

COMMITTAL PROCEEDINGS<\/strong><\/p>\n

The case is currently pending \u2018Committal Proceedings.\u2019 <\/strong>Except for the completion of certain investigative formalities, no charges have been preferred against the latter\u2019 [ANR: March 8, 2022].<\/strong> These personalities were not alone, as criminal investigators, now have the \u2018Investigative Radar\u2019 on another female. She was also accused to have communicated messages deemed in breach of the \u2018Electronic Crimes Act.\u2019<\/strong> Likened to the \u2018Covid-19 Omicron Variant\u2019 <\/strong>that has gripped the nation, given the attitude of certain criminal investigators.<\/p>\n

VEXATIOUS\/ACRIMONIOUS ABUSE<\/strong><\/p>\n

While the legislation has been purposefully given legislative consideration, with a spirit of discernment, the legislators anticipated that the \u2018Electronic Crimes Act\u2019<\/strong> might likely to be subjected to \u2018Vexatious and\/or Acrimonious Abuse.\u2019 <\/strong>Consequent upon their foresight, they have inserted a provision for the prevention of such likely abuse. The provision States; \u2018Criminal Proceedings\u2019<\/strong> shall not be instituted under this Act, except with the consent of the \u2018Director of Public Prosecutions (DPP)\u2019 [ECA: Section 26]. <\/strong><\/p>\n

INTIMIDATORY TACTICS<\/strong><\/p>\n

Though it has always been the prosecution\u2019s duty to prove its Cases, not infrequently, criminal investigators appeared always to be employing \u2018Intimidatory Tactics\u2019<\/strong> against the timid \u2018Criminal Suspects,\u2019 <\/strong>as well as \u2018Attorneys\u2019 <\/strong>not sufficiently versed in \u2018Criminal Practice.\u2019 <\/strong>Frequently, this happened when attempts were made, either to influence suspects to waive the constitutional right to the \u2018Presumption of Innocence\u2019 <\/strong>or to persuade, trick or cause suspects to implicate themselves in criminal wrongdoing. Though infrequently, there are \u2018Attorney\u2019<\/strong> that are as fearless in protecting the interest of their \u2018Clients\u2019<\/strong> with the fierceness of a tigress protecting its cubs.<\/p>\n

DICTUM LORD HOFFMAN<\/strong><\/p>\n

That which attorneys in criminal practice shall be cognizance, is the \u2018Dictum of Lord Leonard Hubert Hoffman [1995-2009].\u2019 <\/strong>Such \u2018Dictum\u2019<\/strong> shall have usefulness in the defence of \u2018Mary John and Washington Emanuel \u2018Washie\u2019 Bramble\u2019 and members of the wider society. It states; \u2018\u2026If a legal rule requires proof (Fact in Issue), a Judge and Jury must decide if it happened<\/strong>\u2019 [Suleman Ors v Joubert and another; <\/strong>SCA: 27\/2010]. Here again, the poorly trained or ill-informed or ill-advised or incompetent criminal investigator appears not know that no form of intimidation and no \u2018Hand Delivered Letters,\u2019<\/strong> bears legitimacy of compellable authority, for any criminal suspects to voluntary submit him\/herself at any \u2018Police Station.\u2019<\/strong> Such speaks to the apparent existence of a very lax investigative attitude that seemed to have degenerated into pathetic state of affairs.<\/p>\n

OPERATIONALLY GUIDED<\/strong><\/p>\n

Undoubtedly, with a senior officer in charge of the \u2018Criminal Investigations Department (CID),\u2019 <\/strong>outside of professional ignorance and zeal, a veteran police officer appeared to have been unsuspectingly tricked or exploitatively used to convey a perverted concept of investigative procedures. Those that appear to have not outlived their \u2018Organizational Usefulness\u2019<\/strong> and seem in dire need of professional guidance, shall not only be supervised, but also \u2018Operationally Guided.\u2019 <\/strong>Still, no matter how expedient it may become, it has been the professional knowledge, practice and experience, that only the most efficient, competent and proficient personnel shall be positioned to manage and lead.<\/p>\n

SQUARE PEGS -ROUND HOLES<\/strong><\/p>\n

Given these developments, and consequent upon him demitting such office [November 25, 2019],<\/strong> many officers shudder to reflect upon the \u2018Professional Competence\u2019<\/strong> of others that have been elevated to positions with knowledge of, or familiarity with \u2018Electronic Crimes Act.\u2019<\/strong> Though former \u2018Commissioner of Police Wendell Robinson\u2019 <\/strong>neither uttered, nor provided critique, he may have been given good reasons to believe that the \u2018Police Service\u2019 appears to have positioned officers beyond their capacity to function effectively. Such could easily fit the idiomatic expression f having \u2018Square pegs in round holes.\u2019<\/strong><\/p>\n

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

For this commentary, given an apparent, but peculiarly developed behavioral pattern among law enforcers, citizens may find it helpful in understanding the nature and entailment of \u2018Arrest Without Warrant.\u2019<\/strong> Such often allowed for the possibility of abuse. Legally, \u2018\u2026An arrest is when a person is totally deprived of his personal freedom to go where he wishes.\u2019<\/strong> This in effect, means \u2018Restraint on Liberty.\u2019<\/strong> Dependent upon the circumstances or situations, it might be seen as \u2018Lawful\u2019 or False.\u2019 <\/strong>This occurs when criminal suspects are taken into Police custody and confined to a \u2018Police Detention Cell\u2019<\/strong> for a period of no more than \u2018least 48 hours\u2019<\/strong> [CO: 1981: Section 5 (5)]. Such period may not always be the case, as the Constitution anticipates that persons will be \u2018Detained or Arrested\u2019<\/strong> on \u2018Sundays and Public Holidays\u2019<\/strong> when the \u2018Courts\u2019<\/strong> are on \u2018Recess.\u2019<\/strong><\/p>\n

DETAINED OR ARRESTED<\/strong><\/p>\n

Thus, on a week-end when Courts are closed on \u2018Fridays,\u2019<\/strong> and with one or two intervening \u2018Public Holidays,\u2019<\/strong> could see the time extend to \u2018Tuesday or Wednesday.\u2019 <\/strong>From professional training, knowledge and practical enforcement of law, \u2018an Arrest\u2019 may be made when a Police officer has \u2018Personally Viewed\u2019<\/strong> for himself the; (a)<\/strong> \u2018\u2026Actual or attempted commission of a crime or offence; (b) …On reasonable suspicion that a person has, or about to commit an offence; or (c)<\/strong> \u2026On charge of a third person.\u2019<\/strong> Endowed with the \u2018Spirit of Discernment,\u2019<\/strong> Parliament anticipated that the latter of the three could be problematic for those enforcing the law.<\/p>\n

PUBLIC MISCHIEF- POLICE ABUSE<\/strong><\/p>\n

As persons may use the \u2018Act\u2019 to commit \u2018Mischief\u2019 <\/strong>against innocent members of the public, then subject it to \u2018Police Abuse,\u2019<\/strong> Parliament qualifies it by stipulating; \u2018\u2026Where the charge is well founded.\u2019 <\/strong>Incidentally, today, whether or not; (i) <\/strong>\u2018\u2026Reports or allegations are vexatiously or mischievously made; and (ii) <\/strong>\u2026Whether or not the \u2018\u2026Charge is well founded,\u2019<\/strong> the tendency of seemingly overly-officious officers, is to \u2018Arrest Without Warrant.\u2019 <\/strong>These officers know that no right-thinking \u2018Magistrate\u2019 <\/strong>would issue \u2018Warrants in The First Instance,<\/strong>\u2019 for the arrest of any person, without first test the veracity and character of the \u2018Informant\u2019 on subscription to the \u2018Oath or Affirmation.\u2019<\/strong><\/p>\n

BOUNDARY OF JUSTIFICATION<\/strong><\/p>\n

Framers of the \u2018Constitution\u2019<\/strong> had foresight that enforces, starved for professional competency or guidance.<\/strong> They anticipated that Law enforcers may zealously or egoistically step outside the \u2018Boundary of Justification.\u2019 <\/strong>thereby exercised \u2018Powers of Arrest,\u2019 <\/strong>without reason or justification. For this reason, as well as for protecting the innocent, they have inserted this section that states; \u2018\u2026Any person who is \u2018UNLAWFULLY\u2019 arrested or detained<\/strong> by any other person, subject to such defences as may be provided by Law.\u2019 It also addresses the issue of \u2018Compensation\u2019<\/strong> from the person wo arrested or effected the detention from the authority on whose behalf the arrest or detention from any person or authority\u2019 [CO: 1981: Section 5 (7)]. <\/strong><\/p>\n

EVIDENTIAL REQUIREMENT<\/strong><\/p>\n

Frequently, aggrieved persons from depressed communities, have not the financial capability to engage the legal services of \u2018Defence Attorneys,\u2019<\/strong> let alone filing \u2018Compensatory Civil Claims.\u2019<\/strong> There is deterrence, for misleading the Court. For instance, should the issuing \u2018Magistrate\u2019<\/strong> harbor reasons to believe that the information sworn to, was \u2018False and Misleading,\u2019<\/strong> such officer could be criminally prosecuted for the indictable offence of \u2018Perjury.\u2019 <\/strong>Perilously looms are a \u20187- year- term of imprisonment\u2019<\/strong> to be descended upon any person so convicted by Judge or Jury\u2019 [Perjury Act: Chapter 324: Section 2].\u00a0 <\/strong><\/p>\n

IMPETUOUS LETTER<\/strong><\/p>\n

Apparently exposing his professional ignorance to a member of the legal fraternity, an apparent \u2018Impetuous Letter\u2019 <\/strong>purportedly signed by \u2018Assistant Superintendent of Police, Cordel O\u2019Garro\u2019<\/strong> was reportedly \u2018Hand Delivered\u2019<\/strong> to \u2018former Commissioner of Police Wendell Robinson.\u2019<\/strong> Not only was the apparent non-scrutinized and non-vetted letter seen as grossly inept, but also seen as one that may have been impetuously authored.\u2019 <\/strong>Ensuring that they were fully compliant, it also stipulated \u2018Insidious Threats\u2019 of criminal prosecution. This was dependent upon himself and his client chose to be non-compliant with the \u2018Lettered Instructions.\u2019<\/strong><\/p>\n

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

These instructions showed clearly, an intent to intimidate him, as well as to inject \u2018Prosecutorial Fear\u2019 <\/strong>in the heart of a client. However, clearly familiar with the \u2018Procedural Provisions\u2019 stipulated in the \u2018Act,\u2019 <\/strong>he may have pitied the author\u2019s \u2018Simplicity or Stupidity,\u2019<\/strong> completely ignored it.\u00a0 That which may not have been considered was the constitutional provision that states; \u2018Any person who is arrested shall have the \u2018RIGHT,\u2019<\/strong> at any stage to retain and instruct without \u2018DELAY;\u2019<\/strong> (i) \u2018\u2026A legal practitioner of his\/her own choice; and (b) \u2026To hold private communication with him\/her\u2019 [CO: 1981: Section 5 (3)].<\/strong><\/p>\n

THE USELESS LOT<\/strong><\/p>\n

Not infrequently, these constitutional provisions were reported to have been observed more in \u2018Breach\u2019<\/strong> than \u2018Practice.\u2019<\/strong> \u00a0Incidentally, the featured contents speak to; (a) \u2018\u2026An instruction; (b) \u2026An ultimatum; and (c) \u2018\u2026Prosecutorally-threatening.\u2019 <\/strong>These appear to have fitted the suggestion; \u2018If the ends justify the means,\u2019<\/strong> any police personnel, irrespective of rank or physical stature, shall be exploitatively used.<\/strong> While some members of the \u2018Antigua and Barbuda Bar Association (ABBA)\u2019<\/strong> have quietly expressed dismay over the instructional and threating letter, the umbrella body, along with its \u2018Bar Council\u2019s Executive,\u2019 <\/strong>remains deafeningly silent. The Association, said to have been composed of supposedly highly intelligent men and women. They appeared non-responsive. Previously, they had prompted \u2018Sir Gerald Anderson Watt, KCN, Queen\u2019s Counsel\u2019 <\/strong>to describe the \u2018Executive\u2019<\/strong> as a \u2018Useless Lot\u2019 [Observer News: September 6, 2018].<\/strong><\/p>\n

ONE MONTH LATER<\/strong><\/p>\n

Interestingly the \u2018Warrant-issuing Magistrate,\u2019<\/strong> has now become the \u2018DPP,\u2019<\/strong> the person statutorily authorized to \u2018Give Consent\u2019<\/strong> for criminal proceedings to be instituted\u2019 [ECA: No. 14 of 2013: Section 26: ECA].<\/strong>\u00a0 Neither Parliament, nor the \u2018Act\u2019 envisaged these developments. More than \u2018A Month Later,\u2019<\/strong> it appeared either a procedural blunder appeare<\/strong>d to have been made appeared to have emerged. For on the one hand, the issuing Magistrate has since assumed the position of \u2018Director of Public Prosecutions (DPP)\u2019<\/strong> from whom \u2018Consent\u2019<\/strong> shall now be obtained for the institution of criminal proceedings. Neither the \u2018ECA\u2019 nor Parliament nor a Magistrate, nor DPP envisaged that a functioning \u2018Magistrate\u2019 <\/strong>[MCPA: Chapter 255], would have been performing the \u2018Constitutional Duties\u2019<\/strong> of the \u2018DPP\u2019 [CO: 1981: Section 88].<\/strong><\/p>\n

DICHOTOMIC SITUATION <\/strong><\/p>\n

Instructively, in her magisterial capacity then \u2018Chief Magistrate Joanne Walsh\u2019<\/strong> reportedly issued a \u2018Warrant to Search\u2019<\/strong> the premises of a female, alleged to have posted on face book certain derogatory remarks about another female. Back then, criminal investigators would have required the consent of then active and substantive constitutional holder of the office of \u2018Director of Public Prosecutions (DPP) Anthony Armstrong\u2019 <\/strong>to proceed and where evidence was unearthed, institute criminal proceedings where necessary.\u2019 Consequent upon a letter addressed to \u2018former Commissioner of Police Wendell Robinson,\u2019<\/strong> practicing attorney and a female client, it appeared that no such consent had been sought from the statutory authority. The development, now presents a \u2018Dichotomic Situation.\u2019 <\/strong>One can neither be \u2018Magistrate,\u2019 <\/strong>nor \u2018Director of Public Prosecutions (DPP)\u2019 <\/strong>at the same time.<\/p>\n

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

In the case of the apparent ill-advised authored and misdirected \u2018Letter,\u2019<\/strong> not only has it appeared that the author\u2019s knowledge of law and legal procedures may have been unwittingly brought into question, but also his investigative competence may now be the subject to supervisory scrutiny. Undoubtedly, acting under the \u2018Electronic Crimes Act,\u2019<\/strong> it may have been unthinkable that course of action improperly initiated, the author may find it difficult in convincing the addressee and\/or his supervisors, that it was not vindictively nor environmentally influenced. Those that may not be easily so easily persuaded that he possesses certain skill-set may very well be; (i) \u2018\u2026Attorney Wendell Robinson: (ii) \u2026Acting Director of Public Prosecutions (DPP), Joanne Walsh: (iii) \u2026Mary John; (iv) \u2026Washington Bramble:<\/strong> (v)<\/strong> \u2026General public: and (vi) \u2026 of the Officer i\/c of the \u2018Criminal Investigations Department (CID), Assistant Commissioner of Police Clifton Cabral.\u2019 <\/strong>That which might also be said is that the \u2018Goofy Letter\u2019 and delayed investigation appeared to have created a \u2018Dichotomic Situation.\u2019<\/strong> Then officers seen as exhibiting instinctive behavior associated with that of \u2018Monkeys,\u2019<\/strong> run the risk of being told that they are \u2018Climbing up the Wrong Tree.\u2019 \u00a0***<\/strong><\/p>\n

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

by Rawlston Pompey Not infrequently, \u2018Monkeys\u2019 were known to have mimicked humans. Not infrequently too, humans were seen mimicking \u2018Monkeys.\u2019 Likened the ape-like animals, humans have found themselves \u2018Climbing Up into the Wrong Tree.\u2019 In most institutionalized agencies for social and behavioral control, as Law enforcement, there is a time when it appears that ignorance […]<\/p>\n","protected":false},"author":3,"featured_media":148539,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-148699","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nMonkey Climbing Up The Wrong Tree? - 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\/monkey-climbing-up-the-wrong-tree\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Monkey Climbing Up The Wrong Tree?\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey Not infrequently, \u2018Monkeys\u2019 were known to have mimicked humans. 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