{"id":157777,"date":"2022-08-15T19:03:29","date_gmt":"2022-08-15T23:03:29","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=157777"},"modified":"2022-08-15T20:18:40","modified_gmt":"2022-08-16T00:18:40","slug":"rubbery-disaster-smoke-to-remember","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/rubbery-disaster-smoke-to-remember\/","title":{"rendered":"Rubbery Disaster – Smoke To Remember"},"content":{"rendered":"
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Not infrequently, law enforcers have been seen as trespassing on the tolerance of members of the society. This may have been the case when the organizers had complied with statutory requirements and applied on \u2018July 20, 2021\u2019 <\/strong>for a permit to march on \u2018August 8, 2021.\u2019 <\/strong>It has been long recognized that those who enforce law have invariably been accused of excesses or have exercised authority stupidly and with impunity. That which has been proven might be discern from this statement; \u2018For every action, there is an equal, but opposite reaction.\u2019<\/strong> Though this has been a term associated with physics, applied to conformity with law, it could make the actions of a \u2018Commissioners of Police\u2019<\/strong> look grossly incompetent or totally ignorant.<\/p>

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SUSPECT REFUSAL<\/strong><\/p>\n

Last \u2018Monday, August 8, 2022,\u2019<\/strong> marked one year since the atmosphere in, and around the \u2018City of St. John\u2019<\/strong> was fumigating and stiflingly choking from smoke emissions. The eventful day saw scores of protesting citizens, showing defiance and dissatisfaction with the \u2018Suspect Refusal\u2019<\/strong> by \u2018Commissioner of Police, Atlee Rodney QPM,\u2019<\/strong> in granting \u2018Freedom Fighters\u2019<\/strong> organizers \u2018Donette Simon 34 and Shenel Williams 29,\u2019<\/strong> a Permit to march along the streets of St. John\u2019s When defiant protesters gathered in \u2018St. John\u2019s,\u2019 the response by the \u2018Police Tactical Unit\u2019<\/strong> was swift, decisive and dramatic. This was made very evident when \u2018Vaccines Protesters\u2019<\/strong> converged on St. John\u2019s\u2019 [Sunday: August 8, 2021].<\/strong><\/p>

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HUMAN DIGNITY<\/strong><\/p>

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Identified as leaders of the \u2018Freedom Fighters, Donette Simon 29 and Shenel Williams 34,\u2019 <\/strong>came to the attention of law enforcers. On \u2018Monday August 9, 2022,\u2019<\/strong> it also marked one year since Organizers of an unauthorized public march have been arrested. Incidentally, before the residual teargas fumes had dissipated from the \u2018Market Square\u2019<\/strong> and periphery of the southern city environs, the two females were facing criminal charges under the \u2018Public Order Act.\u2019 Over one year later, for the simple Summary offences, t<\/strong>he trial is yet to complete. Both were said to have been senselessly bounded hand and foot in metal restraints by overzealous officers. Whisked away from the comfort of their St. John\u2019s homes, they were reportedly accommodated in sub-human conditions then existed in the \u2018Police Holding Cells\u2019<\/strong> [ANR: Tuesday, August 10, 2021].<\/p>\n

PERSPECTIVE<\/strong><\/p>

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As citizens continue to reflect on the harrowing experiences and ordeal, there appeared to have been nothing to discourage them from describing the ill=fated gathering as \u2018Smoky Sunday.\u2019 <\/strong>Firstly, this commentary briefly looks at the impact of measures for the prevention and spread of the \u2018Covid-19 Pandemic\u2019 that led to protestations. It looks at; (a)<\/strong> \u2026The unfolding events of \u2018Teargas and Rubber Projectiles; (b) \u2026Public Order Act\u2019 [Chapter 357]; (c) \u2026 <\/strong>Requirements of persons applying for permission to hold public march and\/or meetings; (d)<\/strong> Duty and administrative responsibilities of the Commissioner of Police: and<\/strong> (e)<\/strong> \u2026Appellate provision as contained in the said Act.\u2019<\/strong> It also looks at; (f)<\/strong> \u2026The apparent \u2018Perjurious Behavior\u2019<\/strong> of Law enforcers; and; (g)<\/strong> The apparent \u2018Unlawful Arrest\u2019<\/strong> of the two females; (i) \u2018\u2026Donette Simon;<\/strong> and (ii) Shenel Williams.\u2019 <\/strong><\/p>\n

RESTRICTIONS\/REPRESSION<\/strong><\/p>

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When the \u2018Caronavirus-19 Pandemic\u2019<\/strong> visited upon the nation, it was more than tragically eventful. It saw \u2018Restrictions,\u2019 <\/strong>as well as the \u2018Repressive Behavior\u2019 <\/strong>of certain members of the \u2018Security Forces. <\/strong>Given its deadly nature,\u2019 understandably so, the citizenry saw the implementation of several stringent measures. They have seen the compulsory wearing of face masks in public spaces. They have also seen physical, social and religious distancing being reduced to six feet. In some instances, they have seen curtailment on gatherings and the reduction to 10, the number of persons that may be in a group.<\/p>

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VACCINE MANDATE<\/strong><\/p>\n

Though they have seen restrictions on their freedom of movement, resulted from a \u2018Dusk-to-dawn Curfew,\u2019<\/strong> few queried the reason. Even so, given the purposes for the measures, citizens in significant numbers, fully appreciated the need for their implementation. The administration\u2019s position on the \u2018Vaccine Mandate\u2019<\/strong> and protection of the national health, were well and widely known. This necessarily meant that citizens were to be vaccinated in order to access certain governmental institutions and\/or to retain their public service jobs. There was widespread hesitancy, as there were objections and protestations.<\/p>\n

EXTRA-JUDICIALLY PUNISHING<\/strong><\/p>\n

While the \u2018Vaccine Mandate\u2019<\/strong> became a hotly-debated issue, citizens became more mortally afraid of the behavior of some members of the \u2018Security Forces\u2019 <\/strong>than of the deadly \u2018Coronavirus.\u2019<\/strong> This has not only caused disquiet among the citizenry, but also seen as among their worst fears. Firstly, the citizenry has seen Churches being forced under lock-down. They would have heard of the experiences of \u2018Church Pastor Uriah Taylor\u2019<\/strong> as having been \u2018Snatched\u2019 <\/strong>from the pulpit, and congregants from the Church. They were accounted for in Police holding cells\u2019 [March 29, 2020].<\/strong><\/p>\n

MYSTERIOUS DISAPPEARANCE<\/strong><\/p>\n

Incidentally, when \u2018Falmouth resident Bruce Greenaway\u2019 \u2018Mysteriously Disappeared,\u2019<\/strong> having been taken into custody for a \u2018Curfew Violation.\u2019 <\/strong>When his lifeless body ended up on a beach in the surrounding area of his community, the citizenry became perturbed and outraged [March 9, 2020]. <\/strong>The members of the \u2018Black Squadders\u2019<\/strong> continue to give citizens reasons to feel that their \u2018Actions\u2019 <\/strong>have been overbearingly repressive and \u2018Extra-Judicially Punishing.\u2019 <\/strong>Such feelings appeared to have been increased when \u2018Bruce Greenaway\u2019s\u2019<\/strong> partially-decomposed body was discovered at the remote and desolate \u2018Indian Creek Beach\u2019 shoreline [April 13, 2020].<\/strong><\/p>\n

SANCTITY OF LIFE<\/strong><\/p>\n

Such discovery was made some \u20183 miles\u2019<\/strong> from his \u2018Falmouth Residence,\u2019<\/strong> and \u2018some 2 miles\u2019<\/strong> from the secluded \u2018Security Outpost\u2019<\/strong> he was reportedly taken after his detention. Media reports suggested that he was temporarily held by a unit that brought notoriety to the combined \u2018Security Forces-Police: Military; Customs; and Immigration.<\/strong> Even as three members of these agencies<\/strong> have been charged with his death [ANR: June 4, 2020],<\/strong> it has brought little comfort to his bereaved children, family, friends, members of the surrounding communities, and those with high regard and respect for the \u2018Sanctity of Life.\u2019<\/strong><\/p>\n

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

When citizens speak to the \u2019Rule of Law,\u2019<\/strong> they speak to a concept and principle, where in a democracy, a \u2018State, its citizens, institutions, agencies and agents\u2019<\/strong> are subject to the dictates of Law.\u2019 From this perspective, human civilization and the unpredictable nature and behavior of man, dictates that there shall be measures for \u2018Social Control.\u2019<\/strong> None shall deny that enforcement of law necessarily involves two concepts: (i) \u2018Letter of Law;<\/strong> and (ii) Spirit of Law.<\/strong>\u2019 It has been for these reasons that the concept \u2018Rule of Law,\u2019<\/strong> shall prevail in all democratic and civil societies. This nation is no exception. \u00a0In the case of the \u2018Letter,\u2019<\/strong> it is expected that when Law is disobeyed, the \u2018Law\u2019<\/strong> might be enforced as intended and statutorily enacted.<\/p>\n

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

Conversely, in the case of the \u2018Spirit of Law,\u2019<\/strong> this speaks to a functional approach to enforcement, tempered with tolerance, restraint and professional discretion. This is so, when the nature and gravity of a criminal act does not, in a significant way, outrage the public conscience or offend public interest, safety and order. The citizenry was often seen as being subjected to the wrath of the untrained, uncouth and overly-officious and obnoxious law enforcer. These were often the ones often seen as among the most dangerous threat\u2019 to; (a) <\/strong>\u2018Citizen existence; (b) <\/strong>Personal liberty; (c) Freedoms- <\/strong>expression; movement and association; (d) <\/strong>Safety and protection and by extension, the \u2018Rule of Law.<\/strong>\u2019<\/p>\n

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

As it relates to law enforcers, irrespective of rank, be it \u2018Constable or Commissioner,\u2019<\/strong> the Statute compels law enforcers to act within the \u2018Realm of Law.\u2019<\/strong> From professional knowledge, these were either the ones not sufficiently familiar with provisions contained in law, or when positionally placed, allowed themselves to be subjected to manipulation. Invariably these law enforcers, for reasons of uncertainty of tenure and a desire to remain relevant or to be in \u2018Good Graces,\u2019<\/strong> often abandoned professionalism to serve interests not contained in the \u2018Sacred Oath of Office.\u2019<\/strong> In developing this point, it was considered useful to look at the \u2018Subscriptive<\/strong> Oath\u2019<\/strong> for all serving members within the nation\u2019s \u2018Police Service.\u2019<\/strong><\/p>\n

INSULATED BY OATH<\/strong><\/p>\n

Few law enforcers appeared to have stopped for a moment to think of the \u2018Oath of Office.\u2019 <\/strong>That which most appeared not to know, is that they have been \u2018Insulated by Oath\u2019<\/strong> from the dictates of those in control of the political environment. Likened to all other \u2018Commissioners of Police,\u2019 <\/strong>in clearly defined and understandable language, the Oath states; \u2018I Attlee Rodney do swear, that I will well and truly serve \u2018Our Sovereign Lady the Queen,\u2019 without favor or affection malice or (d) Ill-will.\u2019 <\/strong>Ensuring that law enforcers understand their role and responsibility, it continues; (a)<\/strong> \u2018\u2026I will cause Her Majesty\u2019s Peace to be preserved; (b)<\/strong> \u2026I will prevent to the utmost of my power, offences against the same; and (c)<\/strong> \u2026I will to the best of my knowledge and skill discharge all the duties thereof, according to LAW\u2019 [Section 17: Police Act: Chapter 330].<\/strong><\/p>\n

RIOTOUSLY COMBATIVE<\/strong><\/p>\n

The \u2018Riot Squads\u2019<\/strong> were said to have been more \u2018Riotously Combative\u2019<\/strong> than the missile-throwing protesters. Observingly, the \u2018Squadders\u2019<\/strong> have not only displayed expected tactical traits, but seemingly with inferential excess zeal, intolerance and insensitivity, aggressively pursued and unleashed a fury, consistent with that reportedly exacted upon the people of \u2018Grenada\u2019<\/strong> by the notorious \u2018Sir Eric Matthew Gairy Mongoose Gang\u2019 [Grenada: 1967-1979].<\/strong> Instructively, in the event of violence or other infractions of law, necessitating criminal prosecutions, \u2018Banners\u2019<\/strong> displayed may have been seen as an ineffective means of communication. Unexpectedly, the protesters and -on-lookers were on the receiving end of the \u2018Tactical Fury\u2019 <\/strong>of the \u2018riot-ready personnel.\u2019<\/p>\n

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

Instructively, even with physical evidence of injuries, \u2018ABS TV News\u2019<\/strong> anchors merely reported that \u2018protesters had an array of grouses including opposition to wearing of masks and nightly curfew\u2019 [May 10, 2020]. <\/strong>Demonstrating a pre-planned intentional act of \u2018Aggression and Excesses,\u2019 the \u2018Police Tactical Unit\u2019<\/strong> was well prepared and ready to \u2018Move Mountain.\u2019 <\/strong>This was made abundantly clear that \u2018Disproportionate Force\u2019<\/strong> was to be used against unarmed citizens, peacefully, yet defiantly gathered downtown. Whether or not by calculation, common design or inadvertence, a \u2018Commissioner\u2019s role, function and responsibility are clearly defined in the \u2018Public Order Act.\u2019<\/strong> Whether or not persons on the trucks or on the streets were \u2018Literate or Illiterate,\u2019<\/strong> it was made very clear that those gathered would suffer physical consequences.<\/p>\n

LITERATE OR ILLITERATE<\/strong><\/p>\n

There were to be discomfort and pain. Though the truck engines intimidatingly revved and appeared not to have caused panic, they indeed, brought terror and injected fear into the hearts of those gathered downtown [August 8, 2021]. <\/strong>Video footage showed the trucks bearing \u2018Banners\u2019<\/strong> tersely worded for all to see, but only for the literate to read- \u2018Disperse.\u2019 <\/strong>As the trucks reportedly closed in on the protesters and onlookers, the cracking sounds of \u2018Police Teargas Guns\u2019 <\/strong>deafeningly rang out. They emitted fire, chemicalized fumes and smoke. The smoke-filled atmosphere seemingly ill-advisedly created under the guise of maintaining \u2018Public Order,\u2019<\/strong> has long been dissipated.<\/p>\n

PRESENCE AND WRATH<\/strong><\/p>\n

This occurred when the \u2018Police Riot Squad\u2019<\/strong> reportedly discharged several volleys of \u2018Tear Gas and Rubber Projectiles\u2019<\/strong> into the gathered protesters. That which seemed to have provoked angst in the citizenry has been the apparent heavy-handed and brutal behavior of \u2018Squadders.\u2019<\/strong> When the \u2018Police Riot Squad\u2019<\/strong> let its \u2018Presence and Tactical Wrath\u2019<\/strong> felt, it was the day– \u2018Sunday 8, 2021,\u2019<\/strong> they moved in to disperse those gathered for a possible \u2018Unauthorized March.\u2019 <\/strong>That day, pandemonium broke out around the \u2018Sir Vere Cornwall Bird Bust.\u2019<\/strong> Resting peacefully at the \u2018Tomlinson National Heroes Park,\u2019<\/strong> he could neither have moved, nor could his \u2018Market Square Bust\u2019<\/strong> prevent that which was to be descended upon defiant protesters and innocent and curious by-standers.<\/p>\n

TACTICAL WRATH<\/strong><\/p>\n

The smoke-filled atmosphere was attributed firstly to fumes emitted from the exhaust systems of two heavy-duty-diesel-fueled dump trucks. These were being used by the now fearsome \u2018Police Tactical Unit.\u2019 <\/strong>Frightened and terror-stricken protesters and curious onlookers of men, women, several said to have been in a state of pregnancy, and children quickly ran for cover. Even as they were forcibly made to vacate the Square, in hot pursuit, they were reportedly \u2018Peppered with Rubber Projectiles.\u2019<\/strong> On that day, in a rather extra-ordinary show of strength, resolve and force, the \u2018Police Riot Squad,\u2019<\/strong> under the command of \u2018Assistant Superintendent James \u2018Jimmy\u2019 Tongue,\u2019<\/strong> ensured that no activity not approved by \u2018Commissioner of Police, Atlee Rodney QPM,\u2019<\/strong> took place.<\/p>\n

DRAMA AND CONFUSION<\/strong><\/p>\n

Adding to the Sunday afternoon \u2018Drama and Confusion\u2019<\/strong> were said to have been several uniformed officers initially deployed on crowd control duty. Caught between the protesters and \u2018Riot Squads,\u2019<\/strong> was said to be a small contingent of \u2018Crowd Control Officers.\u2019<\/strong> With burning and reddened eyes, tripping and falling on each other, everyone, protesters, by-standers and \u2018Crowd Control Police officers, reportedly ran in all directions. Overwhelmed by the fumes of teargas fumes and searching for escape routes, those officers reportedly ran as quickly as hares trying to escape the deadly jaws of a pack of hungry lions.<\/p>\n

WRATH OF RIOT SQUAD<\/strong><\/p>\n

Overwhelmed by choking fumes of tear-gas, saw persons of all ages frantically scattered in all directions in desperate attempts to escape the \u2018Wrath of the Riot Squad.\u2019<\/strong> Instructively, protesters reportedly running from the \u2018Tactical Fury\u2019 of the \u2018Market Square,\u2019<\/strong> were said to have been under hot pursuit. Angry protesters were alleged to have retaliated with whatever missiles were available to halt its advances. Peppered with \u2018Rubber Projectiles,\u2019<\/strong> protesters reportedly lit used tires, thereby creating the spectacle of a glowing inferno in downtown, St. John\u2019s. Today, that which transpired on the \u2018Event-filled Sunday,\u2019<\/strong> continues to evoke memories in those that still feel deeply aggrieved over the repressive action of the \u2018Police Tactical Unit.\u2019<\/strong><\/p>\n

AGGRESSION AND EXCESSES<\/strong><\/p>\n

Instructively, even with physical evidence of injuries, \u2018ABS TV News\u2019<\/strong> anchors merely reported that \u2018protesters had an array of grouses including opposition to wearing of masks and nightly curfew\u2019 [May 10, 2020]. <\/strong>Demonstrating a pre-planned intentional act of \u2018Aggression and Excesses,\u2019 <\/strong>the \u2018Police Tactical Unit\u2019<\/strong> was well prepared and ready to \u2018Move Mountain.\u2019 <\/strong>This was made abundantly clear that \u2018Disproportionate Force\u2019<\/strong> was to be used against unarmed citizens, peacefully, yet defiantly gathered downtown. Whether or not by calculation, common design or inadvertence, a \u2018Commissioner\u2019s role, function and responsibility are clearly defined in the \u2018Public Order Act.\u2019<\/strong><\/p>\n

CHAOS AND CONFUSION<\/strong><\/p>\n

In the heat of excitement and amidst, \u2018Chaos and Confusion,\u2019<\/strong> an overall commander shall maintain control of his \u2018Tactical Units.\u2019<\/strong> This, of course comes with exposure to the requisite \u2018Tactical and Use of Force Training.\u2019<\/strong> Such training is of critical importance, particularly in dealing with non-violent protesters. This is so especially when protesters, though boisterous, angry or rowdy, but unarmed. This necessarily calls for civility, flexibility and restraint. These often avert untoward events, regrettable actions and criminal and litigious consequences. Moreover, these may ultimately avert culpability that may result from; (a) \u2018Coroner\u2019s Inquisitions; (b) Public Inquiries; and (c) Criminal Trials.\u2019<\/strong><\/p>\n

MISUSE OF PROCESS<\/strong><\/p>\n

Not infrequently, the \u2018Magistracy\u2019 <\/strong>has been accused of allowing egregious \u2018Misuse of Process,\u2019<\/strong> by law enforcers, starved of professional ethics and scruples. Even more \u2018Stranger than Fiction,\u2019<\/strong> their homes had been rummaged by officers far removed from the protestation. Though \u2018Warrants to Search\u2019 <\/strong>were issued, it may have been under circumstances that begged for \u2018Truth and Justification.\u2019<\/strong> The issuing \u2018Magistrates\u2019 <\/strong>may have been \u2018Unsuspectingly Duped.\u2019<\/strong> It was obvious that officers applying for, and obtaining the \u2018Warrants to Search\u2019 <\/strong>their premises, had committed the serious \u2018Act of Perjury.\u2019 <\/strong>This has often been the case, when \u2018Magistrates\u2019<\/strong> failed to grill officers on the veracity of the \u2018Information\u2019<\/strong> to be sworn.<\/p>\n

UNSUSPECTINGLY DUPED<\/strong><\/p>\n

A circumspect and discerning \u2018Magistrate\u2019<\/strong> shall have seen a disconnection between; (i) \u2018A public order offence\u2019 [Chapter 357]; (ii)<\/strong> Firearm and ammunition offence\u2019 [Chapter 171]: and (iii)<\/strong> Illegal possession of controlled drug offence.\u2019 A Magistrate may have been \u2018Unsuspectingly Duped.<\/strong>\u2019 \u00a0Acting on \u2018Sworn Information,\u2019 <\/strong>if so sworn, had reportedly issued a \u2018Warrant to Search.\u2019 <\/strong>It is usually actions like these that not only provide for crooked cops, but also perjurious and roguish behavior. None may deny that there have recently been manifestations of such, when two law enforcers have been charged, prosecuted and properly convicted of \u2018Corruption in Public Office\u2019 [ABS TV\/Radio: May 13, 2022]. <\/strong><\/p>\n

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

None of the items sworn to were found and no charges relating to illegal possession were slapped against those identified as organizing the gathering. In fact, no march had even commenced. An applicant so sworn to such information knowing that he was dealing with matters of \u2018Public Order and Public Safety,\u2019<\/strong> may have committed the serious indictable criminal offence of \u2018Perjury.\u2019 <\/strong>From professional law enforcement practice and familiarity with the \u2018Public Order Act,\u2019<\/strong> when the suspected organizers were arrested, neither had contravened any of the provisions contained in the Act. Besides neither was anywhere near, at or in the vicinity of the \u2018Sir Vere Cornwall Bird Bust at Market Square\u2019<\/strong> [Monday, August 9, 2021]. Thus, the arresting officer runs the risk of being cited for \u2018Perjury,\u2019 should he testified on Oath to the events of Sunday [August 8, 2021].<\/p>\n

CUFFED HANDS – SHACKLED FEET<\/strong><\/p>\n

The two female defendants may have been given reasons to feel distraught over the indiscretions and insensitivity<\/strong> shown by the arresting officer, denying them opportunities to feel hygienically fresh. Additionally, the indignities and humiliation suffered and psychological harm and anxieties experienced, were more of concerns to the citizenry, than of that which prosecutorally looms. Compounded these were the \u2018Cuffed Hands and Shackled Feet.\u2019<\/strong> Such treatment could easily be frowned upon as that the \u2018Constitution Order\u2019 <\/strong>prohibits. This speaks to \u2018\u2026Degrading and inhuman treatment\u2019 [CO: 1981: Section 7]. <\/strong>Criminal investigators know that such restraining instruments are applied only to the hands that are violent and feet that seem as quick as those of renowned \u2018Jamaica and Olympic Sprinter, Usain Bolt.\u2019 <\/strong><\/p>\n

NON-VIOLENT OFFENCE<\/strong><\/p>\n

Instructively, the two females \u2018Donette Simon and Shenel Williams\u2019<\/strong> have been charged with committing offences under the \u2018Public Order Act.\u2019<\/strong> Yet their respective homes were searched for items not connected to \u2018Public Order or Public Safety\u2019 [POA: Section 12]. <\/strong>The search for items unrelated to the public march included; (a) \u2018Illegal concealment of Firearms and Ammunition; and (b) \u2026Unlawful possession of Controlled Drugs.\u2019<\/strong> Yet \u2018Unlawfully Arrested,\u2019<\/strong> the two females said to have been suspected of organizing what was intended to be a public march, suffered indignities and inhuman treatment when they hand and foot-cuffed for a \u2018Non-Violent Offence\u2019 [August 9, 2021].<\/strong><\/p>\n

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

It is to public knowledge that some law enforcers, smarting under the guise of \u2018Law enforcement,\u2019 have done the unthinkable. Thus, with punishing spite and impunity, a small minority, without justification, have brought unbearable pain and discomfort to the law-abiding, and not so law-abiding citizens. The recent complaints of gun assault, brutalization and \u2018Unlawful Arrests\u2019<\/strong> by \u2018Police officers\u2019 on \u2018Sister-Isle Barbuda\u2019<\/strong> by the son of \u2018Woman Police Constable Bonnie John-De Souza, Kenny Morris 22 and fellow-Barbudan Shackeal Yearwood 24,\u2019<\/strong> make the point\u2019 [Observer: June 25, 2022].<\/p>\n

JUDICIAL NOTICE \u2013 COMPENSATORY JUSTICE<\/strong><\/p>\n

The allegations have been given \u2018Judicial Notice\u2019<\/strong> by \u2018Chief Magistrate Joanne Walsh.\u2019<\/strong> Appearing on trial for \u2018Suspect Charges\u2019<\/strong> of \u2018Beating and Resisting Police,\u2019<\/strong> the \u2018Court reportedly found no merit. Consequently, the charges were dismissed, thereby opening an avenue for \u2018Compensatory Justice.\u2019 <\/strong>The constitutional provisions states; \u2018Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation for such unlawful arrest or detention from any person or authority <\/strong>on whose behalf the person making the arrest or effecting the detention was acting, or from them both\u2019 [CO: 1981: Section 5 (7)]. <\/strong>This has been a judicial route successfully traveled by attorney-a-law \u2018Vere Bird III\u2019 <\/strong>for \u2018Unlawful Arrest. <\/strong>He was awarded \u2018Judgment\u2019 <\/strong>in the hefty sum of EC$150, 000 [\u2026].<\/strong><\/p>\n

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

As it affects the \u2018Public Order Act,\u2019<\/strong> it might easily be inferred that \u2018Parliament Anticipated\u2019<\/strong> that an applicant may instantaneously wish to \u2018Organize a Public March.\u2019<\/strong> The Parliamentarians knew that a \u2018Commissioner of Police,\u2019 necessarily needs time for consideration, planning and deployment of a sufficient number of personnel to ensure; (i) \u2018The preservation of public order; and (ii) Interest of public safety.<\/strong>\u2019 Parliamentary wisdom caused them to insert; \u2018Any Persson who desires to organize any public march, shall, at least 3 days before the day of such march, apply to the \u2018Commissioner of Police for a permit\u2019 [POA: Section 11].<\/strong> Only a docile, exploitable and figurehead Commissioner of Police, may not understand this provision.<\/p>\n

GRANT OR REFUSE: GROUNDS<\/strong><\/p>\n

The \u2018Act\u2019<\/strong> makes it sufficiently clear for even a \u2018Rookie Constable\u2019 <\/strong>to understand, and at all material times, to act lawfully, professionally and responsibly. An applicant that wishes to; (a) \u2018Organize: (b) Lead: or (c) Take part in any public march,\u2019 shall first obtain a permit to be issued by the \u2018Commissioner of Police\u2019 [Section 10: Public Order Act: Chapter 357].<\/strong> The \u2018statutory provisions allow a discretionary power for a \u2018Commissioner of Police\u2019<\/strong> to grant or refuse a permit. That which shall be given acute considerations are: (i) \u2018Public order: and (ii) \u2026Interest of public safety\u2019 <\/strong>[Section 5: Public Order Act: Chapter 357].<\/p>\n

DISSATISFACTION AND DEFIANCE<\/strong><\/p>\n

Lest it be misunderstood, the \u2018Public Order Act\u2019<\/strong> provides for a \u2018Commissioner of Police\u2019<\/strong> to \u2018Grant or Refuse\u2019<\/strong> a permit to any law-abiding citizen to; (i) \u2018\u2026Hold public march; (ii) \u2026Hold public meeting; or (iii) \u2026Use a public address system.<\/strong>\u2019 Identified as the organizers, \u2018Donette Simon or Shenel Williams\u2019 <\/strong>were said to have been fully compliant with the law\u2019<\/strong> [Section 11]. <\/strong>Consequently, the Organizers contended that the \u2018Refusal\u2019<\/strong> in granting a permit [Section 12],<\/strong> together with the denial of an opportunity to file \u2018an Appeal\u2019 [Section 40],<\/strong> the decision of \u2018Commissioner of Police Atlee Patrick Rodney QPM,\u2019<\/strong> had fueled \u2018Dissatisfaction and Defiance.\u2019<\/strong><\/p>\n

REFUSAL AND DENIAL<\/strong><\/p>\n

It has been felt that it was the last-minute \u2018Refusal and Denial\u2019<\/strong> of the opportunity to appeal the decision of the Commissioner of Police\u2019 [Section 40]. Such was said to have incensed both the organizers and protesters. This may have been easily discerned from this statement; \u2018It is apparent that his late response was a calculated and deliberate act by the Police Commissioner, since he knew that his decision can be appealed to the Minister responsible for the Police\u2019<\/strong> [Barbados Today: August 8, 2021]. <\/strong>That statement was said to have been contained in a letter to the media by the \u2018Freedom Fighters.\u2019<\/strong><\/p>\n

STATUTE-BAR<\/strong><\/p>\n

In the event a \u2018Commissioner of Police\u2019 <\/strong>shall have been influenced by the environment, or for reasons known only to himself, conscientious Parliamentarians carefully inserted into the Act and \u2018Appellate Provision.\u2019 <\/strong>It states; \u2018Any person who is dissatisfied with the refusal of the Commissioner of Police to grant a permit under this Act, or with the terms of such permit, may within \u20187 DAYS,\u2019 of being notified of the decision,<\/strong> \u2018APPEAL\u2019<\/strong> in writing to the Minister\u2019 [Section 40].<\/strong> A Commissioner of Police\u2019 shall know that such period is \u2018Statute-Barred.\u2019 Therefore, he\/she shall respond in a timely manner.<\/p>\n

MULTIPLE POSITIONS<\/strong><\/p>\n

Instructively, the \u2018Minister\u2019<\/strong> with responsibility for \u2018Public Safety\u2019<\/strong> may have found himself in the most awkward, if not complex situations. Such awkwardness and such complexity seemed to have resulted from the multiple positions then held. For instance, he was the nation\u2019s; (i) \u2018Attorney General: (ii) \u2026Principal Legal Adviser to the Government: (iii) \u2026Minister of Justice and Legal Affairs: (iv) \u2026Minister for the Police; (v): Minister for the maintenance of \u2018Law and Order [POA: Section 2]; and (vi) \u2026Acting Prime Minister.\u2019 <\/strong><\/p>\n

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

Professionally viewed from two perspectives; (i)<\/strong> \u2018Administrative; and (ii) Enforcement,\u2019 <\/strong>the turn of events, undoubtedly, speaks to defiance to the \u2018Rule of Law.\u2019 <\/strong>Even more troubling may have been the delayed response that effectively denied the organizers an opportunity to appeal to the \u2018Public Safety Minister Steadroy \u2018Cutie Benjamin.\u2019 <\/strong>Consequent upon the behavior of the \u2018Police high command, it appeared inexcusable, having received the application [July 20, 2021]<\/strong> for the organizing and holding a \u2018Public March.\u2019<\/strong> For instance, having prepared the dated letter of \u2018August 5, 2021\u2019<\/strong> and delivered on \u2018Friday August 6, 2021,\u2019<\/strong> such speaks to nothing short of a \u2018Serious Administrative Glitch.\u2019 <\/strong><\/p>\n

CORRUPTIBLE PREGNANT<\/strong><\/p>\n

Responding merely two days before the event, even \u2018Balaam Donkey\u2019 <\/strong>[NIV: Numbers 22: 21] may have argued that it was outrageous, unacceptable, unethical. In other quarters, this may have been seen as a decision \u2018Corruptible Pregnant.\u2019 <\/strong>Instructively, holding these positions, \u2018Public Safety Minister,<\/strong> \u2018Steadroy \u2018Cutie\u2019 Benjamin\u2019<\/strong> may not have been properly positioned to entertain an appeal. Had the appellate course been pursued the \u2018Dissatisfied Appellants\u2019<\/strong> would have been appealing in futility to; (i) \u2018The principal legal adviser to the Government; (ii) Police Minister; and (iii) Acting Prime Minister.\u2019<\/strong> The additional positional resulted when the substantive holder of the office, \u2018Prime Minister Gaston Browne\u2019<\/strong> was reported to have travelled overseas on a working vacation.<\/p>\n

SECURITY BRIEFING<\/strong><\/p>\n

In fact, media reports indicated that the \u2018National Security Minister\u2019<\/strong> had travelled to the neighboring island of St. Lucia\u2019 [Government Website: August 5, 2021].<\/strong> Such travel was dual-purpose. Firstly, he was to attend the swearing-in ceremony for newly-elected \u2018St. Lucia Prime Minister Phillip Joseph Pierre.\u2019<\/strong> Then at the end of which, he along with wife Maria Browne<\/strong> and \u2018Member of Parliament\u2019<\/strong> were to proceed on a one-week vacation.\u2019 The same news report states; \u2018Before departing, Prime Minister Browne received a \u2018Security Briefing\u2019<\/strong> from \u2018Commissioner Atlee Rodney and Deputy Chief of Defence Staff of the Antigua and Barbuda Defence Force, Lieutenant Trevor Pennyfeather\u2019 <\/strong>[GOVT Website: August 5, 2021].<\/strong><\/p>\n

DISTANCING AND COUNTENANCING<\/strong><\/p>\n

Instructively, \u2018Prime Minister Gaston Browne,\u2019<\/strong> who has ministerial responsibility for \u2018National Security,\u2019<\/strong> sought to \u2018Distance\u2019<\/strong> his administration from the actions of \u2018Commissioner of Police Atlee Rodney QPM.\u2019<\/strong> In a social media video-recorded statement, he may have unwittingly \u2018Countenanced\u2019<\/strong> the use of \u2018Teargas\u2019<\/strong> against the protesters. He pointed out that \u2018While government officials did not give an order for the use of teargas,\u2019 \u2018It was warranted due to what was happening on the ground\u2019 [Observer: August 12, 2021]. <\/strong>Interestingly, several days after the protestation he revealed on radio \u2018graphic threats being made on social media against his \u201810-month-old baby daughter Peace Marie Xandra Browne, his family and himself\u2019<\/strong> [Pointe FM-99\/ANR: August 12, 2021].<\/p>\n

PUBLIC INQUIRY<\/strong><\/p>\n

Every \u2018Commissioner of Police\u2019<\/strong> and \u2018Tactical Unit Commanders\u2019<\/strong> shall know, that public officials have always distanced themselves from anything dastardly \u2018Crooked; Smoky; Rubbery\u2019 and\/or anything called \u2018Public Inquiry.\u2019<\/strong> This may have been made evident at the \u2018Medical Benefit <\/strong>Scheme (MBS) Inquiry\u2019 [2002]. The use of aerosolized canisters of irritating chemicals and \u2018Tear Smoke Solids,\u2019<\/strong> not only caused burning sensation to sensitive areas of the body, resulting in teary-eyes and temporary blindness, but also produced heart palpitation, hysteric coughing and difficulty breathing. The rubber bullet-injuries reportedly sustained by those protesting against the mandatory vaccine regime, as well as the innocent and curious onlookers, have long been healed.<\/p>\n

PROJECTILE-BATTERED<\/strong><\/p>\n

Today, in a \u2018Public Inquiry,\u2019<\/strong> a \u2018Commissioner of Police\u2019<\/strong> may find it painfully difficult to justify the actions of his deployed \u2018Tactical Unit.\u2019<\/strong> Save as the immediacy of the situation or as circumstances may dictate, civil force \u2018On-the-ground commanders\u2019<\/strong> are required to act swiftly and firmly, yet sensibly, civilly and with tact and decisively. In the instant situation, by the time the tear gas fumes<\/strong> had dissipated into the atmosphere and the \u2018Rubber Projectiles\u2019<\/strong> had stopped raining down on protesters and by-standers, several persons were either left \u2018Projectile-Battered\u2019<\/strong> and bruised or panting for breath.<\/p>\n

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

From professional knowledge, \u2018Tactical Warnings\u2019<\/strong> to protesters were to be delivered by \u2018Tactical Unit Commander.\u2019<\/strong> Protesting citizens shall verbally be warned. This might be aided by the use of a public address system. Such warning had long been formalized method; \u2018Disperse and go about your lawful business.\u2019 <\/strong>Force to be used is situational and may be: (i) \u2018\u2026Batons and Shields\u2019<\/strong> (if attacked with missiles-bottles\/stones).\u2019 If such may not be effective; (ii) \u2026Irritant, Smoke-Tear Gas; or (iii) <\/strong>\u2026If attacked with firearms this shall be measured: \u2026I shall fire upon you.\u2019 <\/strong>Whether or not so degreed, a \u2018Commissioner of Police\u2019<\/strong> of average intelligence shall know the stipulations contained in the law he enforces. Moreover, likened to the citizens, he shall not only be seen as showing undivided allegiance, but also \u2018Obedience to Law.\u2019<\/strong> The \u2018Constitution Order,\u2019<\/strong> speaking to itself as the- \u2018Supreme Law,\u2019 has been unambiguous in its contents [CO: 1981: Section 2].<\/strong> One of the \u2018Founding Principles\u2019<\/strong> states that; (a) \u2018\u2026Every citizen owes to it an undivided allegiance. (b) <\/strong>This shall not be limited by private views of justice or expediency<\/p>\n

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Not infrequently, law enforcers have been seen as trespassing on the tolerance of members of the society. This may have been the case when the organizers had complied with statutory requirements and applied on \u2018July 20, 2021\u2019 for a permit to march on \u2018August 8, 2021.\u2019 It has been long recognized that those who enforce […]<\/p>\n","protected":false},"author":3,"featured_media":134601,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-157777","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nRubbery Disaster - Smoke To Remember - 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\/rubbery-disaster-smoke-to-remember\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Rubbery Disaster - Smoke To Remember\" \/>\n<meta property=\"og:description\" content=\"Not infrequently, law enforcers have been seen as trespassing on the tolerance of members of the society. 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