{"id":172456,"date":"2023-04-19T09:34:19","date_gmt":"2023-04-19T13:34:19","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=172456"},"modified":"2023-04-19T09:34:19","modified_gmt":"2023-04-19T13:34:19","slug":"ssu-booby-alley-rubber-bullet-eviction","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/ssu-booby-alley-rubber-bullet-eviction\/","title":{"rendered":"SSU: Booby Alley Rubber Bullet Eviction"},"content":{"rendered":"
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SSU: Booby Alley Rubber Bullet Eviction<\/p>

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Rawlston Pompey<\/p>\n

It has long been the experience that in human socialization, there has been; (a) Invasion of space; Intrusion of privacy; and those brave enough to protest, know of certain inevitabilities. One of which has been \u2018Deprivation of Liberty.\u2019 Speaking to \u2018Protection of Space,\u2019<\/strong> when a \u2018Chinese Balloon\u2019 reportedly entered the United States \u2018Airspace,\u2019 quickly scrambled \u2018Fighter Jets\u2019 took it down. Most intriguingly, when Parliamentary colleagues and incumbents, met in a small \u2018Village Space,\u2019<\/strong> had the \u2018Spirit of the Living God,\u2019 removed its invisible presence, then taking offence, most certainly, \u2018Prime Minister Gaston Browne,\u2019 may have \u2018Thump him down\u2019 [Loop: January 1, 2023]. The song both of them may have sung, was \u2018Satan Coming Down\u2019 [Dean of Calypso: Rupert Philo: Mighty Swallow: YouTube].<\/p>

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GASPING FOR BREATH<\/p>

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In their eyes and minds, the citizenry appeared to have become \u2018Mortally Afraid\u2019 of the \u2018Contingency Unit,\u2019 called \u2018Special Services Unit (SSU),\u2019 now seen to be spiraling out of command and operational control. The nation might now be facing a dangerous set of \u2018Rubber Bullet-prone to use Police \u2018SSU\u2019 officers. That which suggests such inclination, could easily be reflected upon from the events of \u2018October 8, 2021,\u2019 and the recent development in the \u2018Pointe\/Booby Alley\u2019 [April 4, 2023]. Respecting the former, \u2018Anti-vaccine protesters,\u2019 were reported to have been dispersed by this \u2018Unit.\u2019 Several protesters were not only reportedly left battered, but also bruised. In the teargas-filled atmosphere, many people were reportedly being peppered with \u2018Rubber Bullets\u2019 by the \u2018Police Tactical Unit,\u2019 many protesting and non-protesting citizens were left \u2018Gasping for Breath.\u2019<\/p>\n

BRUTAL COERCION<\/p>

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In recent times, it appears that it was the \u2018Police Service\u2019 that has been \u2018Gasping for Public Confidence.\u2019 Guided by the Law enforcement subject, \u2018Powers of Observation,\u2019 well-taught by the highly venerable \u2018Sir Wright Fitzhenly George, KCN, MVO, QPM, CPM,\u2019 and professional experience, a \u2018Police Service\u2019 staffed with some of the nation\u2019s most committed; devoted and dedicated\u2019 men and women, now breathlessly \u2018Gasping for Public Respect.\u2019 The enforcers of criminal law, that know the difference between; (a) \u2018Service and servitude: (b) Dignity and indignity; (c) Gentle persuasion and \u2018Brutal Coercion; (d) Tactful approach; and aggressiveness; and most importantly, know the difference between (e) Civility and incivility,\u2019 shall know that to every action, there is an equal, but opposite reaction.<\/p>\n

PERSPECTIVE<\/p>

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Considered among the most reliably informed and easily the most up-to-date and \u2018Reliable News Portal,\u2019 has been the \u2018Antigua News Room.\u2019 A screen shot has shown unmistakably, shown telling evidence of \u2018SSU Excess.\u2019 Publishing \u2018Cabinet Notes, for Thursday, April 5, 2023,\u2019 it made \u2018Startling Revelations.\u2019 <\/strong>This commentary looks at inter alia, (a) The said situation; (a) Apparent excesses of the \u2018Special Services Unit (SSU)\u2019 by the use of the \u2018Tactical Weapon- First Responders Gear (FRG); (b) Functional role of the Police: (c) Oath of Office; and (d) Functional role of the Court-appointed Bailiff, Roydon Joseph\u2019 as it affects those developments.\u2019 It also looks at Sections of the \u2018Police Act\u2019 as they relate to the statutory-stipulated duties and responsibilities\u2019 [Police Act: Chapter 330: Sections 18: 22: & 23].<\/p>

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FUNCTIONALLY STUPID<\/p>\n

When it comes to apportioning blame, when things seemed to have gone \u2018radically or stupidly wrong,\u2019 many among the citizenry seemed unable to make distinction in dishing out blame. That which the environment often seemed to have done, was attracting the most ignorant and incompetent, law enforcers to be subjected either to subserviency, or to exploitation or manipulation. Not infrequently, when civil authority has exhibited conduct capable of being described as functionally stupid, blame was often apportioned to a nation\u2019s leader. In the sensitive and troubling \u2018Residential Eviction Debacle\u2019<\/strong> between the \u2018Gaston Browne-led administration and the \u2018Pointe\/Booby Alley Community,\u2019 seemingly crawling like crabs often found at the Gutter-side, the Police have now found themselves in a pot of steaming boiling water.<\/p>\n

EXECUTIVE DISGUST<\/p>\n

It may have been for reasons of \u2018Executive Disgust,\u2019 that Members of the \u2018Cabinet\u2019 decided and \u2018Agreed\u2019 that \u2018an Assistant Commissioner\u2019 shall be invited to accompany the \u2018Minister at the Cabinet Press Briefing.\u2019 In fact, he was called upon to perform the role of; (i) Commissioner of Police Atlee Rodney; or (ii) Justice; Police; Public Safety and Law and Order, Steadroy \u2018Cutie\u2019 Benjamin.\u2019 Seizing the opportunity, he sought to show justification for; (i) \u2018The unlawful trespass on private property; and (ii) Unnecessary exercise of authority\u2019 by \u2018FRG-equipped officers of the \u2018SSU.\u2019 Seemingly, administrative unfamiliarity\u2019 may have caused much trepidation and\/or embarrassment.<\/p>\n

SUSPECT AREA OF GRAY<\/p>\n

While \u2018Pathologist Dr. Lester Simon\u2019 may speak to \u2018Monkey on Mountain,\u2019 he could never have accused Assistant Commissioner of Police, Clifton Cabral\u2019 of delivering a \u2018Eulogy of Nonsense.\u2019 While there appeared to have been a suspect area of gray that the house dweller Joel O\u2019Marde\u2019 had been armed with an offensive weapon in his own home, he may have given the very opposite of \u2018Untruthful.\u2019 Even so, given the benefit of inadvertence that which a particular paragraph in the \u2018Cabinet Notes\u2019 appeared to have touted. d, was that \u2018Police officers\u2019 do not enforce \u2018Litigious Court-Issued Eviction Orders.\u2019 Should it have been for reasons of obscurity, the omission was intended to deceive the media, then \u2018Cabinet Press Briefing-invitee, \u2018Assistant Commissioner of Police Clifton Cabral\u2019s account would have made the \u2018Notes of Cabinet\u2019 suspect.<\/p>\n

BRUTES AND THUGS<\/p>\n

Appearing on State-owned media and perhaps, on the same \u2018Lane,\u2019 yet he was clearly, not in the same league and language as that of the eloquence and articulation of the \u2018Cabinet Spokesperson. It was apparent that the \u2018Pointe\/Booby Alley Police Eviction,\u2019 speaks to inter alia; (a) \u2018Inadequacy of professional training; (b) Lack of role and procedural understanding; and (c) Starved for supervision,\u2019 had outraged the entire community. This occurred when misguided members of the \u2018Police Tactical Unit\u2019 resorted to the use of painful force. Clearly a misnomer, smarting under the name \u2018Special Services Unit (SSU),\u2019 as in some regional jurisdictions, such \u2018Units\u2019 were often staffed with \u2018Brutes and Thugs and Extrajudicial Killers.\u2019<\/p>\n

UNLAWFUL ENTRY\/MALICIOUS DAMAGE<\/p>\n

Though seemingly ill-advisedly participating in a \u2018Cabinet Press Briefing,\u2019 Assistant Commissioner, Clifton Cabral\u2019 appeared to have given a \u2018Truthful Account\u2019 of the unfolding events. Clearly unwittingly, but truthful, he spoke to applicable force by an apparent \u2018First Responder Gear (FRG)\u2019 trigger-happy \u2018Special Services Unit (SSU)\u2019 officers. In clearly purposeful; destructive and devastating mode. He made two confirmations. These speak to; (i) \u2018Committing Violence (Malicious Damage) to a backdoor to effect and gain \u2018Unlawful Entry;\u2019 and (ii) An unprovoked and bruising \u2018Rubber Bullet\u2019 assault against the non-combative \u2018Booby Alley\u2019 resident,\u2019 whom he reported had ran back into the dwelling house of which the Police had \u2018no \u2018Powers of Eviction\u2019 and outside the realm of \u2018Criminal Jurisdiction\u2019 [ABS: April 6, 2023].<\/p>\n

ORGANIZATIONAL RESPONSIBILITY<\/p>\n

If for reasons of expediency or subserviency, a \u2018Commissioner of Police or an Assistant Commissioner\u2019, shall harbor certain belief, they would have been grossly reckless not to know that; \u2018No statutory authority resides with the enforcers of the \u2018Criminal Law\u2019 to perform the \u2018Functions of Court Bailiffs.\u2019 Nowhere in the \u2018Police Act,\u2019 does it refer to \u2018Court Bailiff\u2019\u2019 [Section 22 & 23: Police Act: Chapter 330]. That which shall be said is that those holding \u2018Organizational Responsibility,\u2019 shall know that anything that goes wrong, they are responsible.<\/p>\n

CLASH WITH POLICE<\/p>\n

Those with some familiarity with; (a) \u2018Police work; (b) Police Operations-Criminal investigations and; (c) Situational use of \u2018Tactical Weaponry,\u2019 knew that something appeared to have been; (i) \u2018Fundamentally wrong; (b) Radically reckless; and (c) Factually misleading.\u2019 When \u2018Cabinet Notes\u2019 revealed, inter alia, states; That members of the \u2018Royal Police Force\u2019 who (a) \u2018Acting on a Court Order;<\/strong> and (b) A male who had occupied a wooden house in \u2018Booby Alley refused to exit,\u2019 it may have been misguided. When it also speaks to a \u2018Clash with the Police,\u2019 its members may also have been wrongly briefed on what really may have transpired. [ANR: April 6, 2023: Paragraph 1],<\/p>\n

TYRANNY – BRUTALITY – MURDER<\/p>\n

In both seniors and subordinates, many appeared not to have learned lessons from; (a) \u2018The tragic and unlawful trigger-happy Police killing of \u2018Denfield \u2018Tody\u2019 Thomas\u2019 at his \u2018Liberta\u2019 residence and home [ANR: October 2018]. Incidentally, the \u2018unnecessary; unjustified; and unlawful killing,\u2019 saw, then \u2018Area Representative \u2018Elliston \u2018Namba\u2019 Adams\u2019 former Member of Parliament,\u2019 and then rival, now \u2018Area Representative, E. Paul Chet Greene,\u2019 responsibly mobilizing the angry community. Such was intended to fight against, and bring awareness to the populace of \u2018Police Excesses\u2019 of \u2018Tyranny; Brutality; and Murder\u2019 [October 24, 2006].<\/p>\n

BRUTAL ABUSE<\/p>\n

When \u2018Law Enforcers\u2019 become confused with \u2018Enforcement of \u2018Court-Eviction Orders,\u2019 there is the likelihood of such officers exercising authority not so residing in them. Equally as much, the citizenry is not only likely to be subjected \u2018Brutal Abuse,\u2019 but also unlawful deprivation of their freedoms and liberty. The experiences of \u2018Pointe\/Booby Alley,\u2019 resident Joel O\u2019Marde\u2019 makes vividly attest to this truth. The citizens have been given a grim reminder of the \u2018Seed of Oppression.\u2019 They now know that which is trending. They know that when the Judiciary has failed, the use of \u2018Rubber Bullets\u2019 is likely to be used by \u2018Police Eviction officers,\u2019 Even as he made a valiant attempt, he appeared to have wobbled over the issue of a \u2018Knife on Table.\u2019 That which he shall have known or reckless not to known, was that though \u2018Cutlery\u2019 can be used at any place \u2018Offensively,\u2019 in the privacy of a citizen\u2019s dwelling house, it can also be used \u2018Defensively.\u2019<\/p>\n

JUDICIALLY- ORDERED EVICTION<\/p>\n

That which was organizationally known was that \u2018Routine Request,\u2019 when formally made to the \u2018Office of Commissioner of Police\u2019 for \u2018Police\u2019 presence, usually: (i) \u2018To provide prevent likely \u2018Breaches of the Peace; and (ii) General maintaining order.\u2019 The same applies to \u2018Bailiffs of the High Court of Justice or the Magistracy.\u2019 As an inter-agency cooperation and service, a small contingent of Police officers,\u2019 was often deployed to offer protection to the \u2018Court-assigned Bailiff.\u2019 As there was no Criminal or Civil Jurisdiction,\u2019 such contingent was often briefed of their presence and role. In whatever the functions to be performed by any such \u2018Bailiff,\u2019 \u2018Protection officers\u2019 were not to be seen as \u2018Police\u2019 interventionists, as to anger affected \u2018Litigants\u2019 or those subjected to \u2018Judicially-Ordered Eviction.\u2019<\/p>\n

FUNCTION OF BAILIFFS<\/p>\n

That which some \u2018Commissioners of Police and Assistant Commissioners of \u2018Police\u2019 appeared not to have known, was that, in litigious proceedings and resultant issuance of \u2018Court Orders,\u2019 enforcement of such is \u2018Sole Function\u2019 of \u2018Court-appointed Bailiffs\u2019 [Magistracy\/High Court of Justice]. In their official capacity as members of the \u2018Police Service,\u2019 and in the discharge of their individual and collective \u2018Statutory Duties,\u2019 the membership does not litigate against, or on behalf of the citizenry for \u2018Tortious Wrongs.\u2019 The simple reason is are that \u2018Torts are \u2018Civil wrongs.\u2019 Though some might be both \u2018Private and Criminal,\u2019 they provide no \u2018Civil jurisdiction to Police officers to intervene criminally.<\/p>\n

ILLITERACY AND IGNORANCE<\/p>\n

In his heyday, \u2018Slinger Francisco, \u2018Mighty Sparrow,\u2019 arguably the world\u2019s most prolific and revered social commentator, sought to enlighten and encourage the people of the Eastern Caribbean. A most telling line of the lyrical contents of the social commentary \u2018Education\u2019 says; \u2018Ignorance impedes progress\u2019 <\/strong>[Song: Education: YouTube]. \u00a0Performing to audiences, he saw that which often bring adversities, human tragedies and miseries as: (i) \u2018Illiteracy; and (ii) Ignorance.\u2019<\/strong> \u00a0In their application to some regional Police Services, \u2018Ignorance and Incompetence\u2019 appears rampant. The keenly observant may clearly see that these do not impede the progress of those environmentally considered the \u2018Golden Boys of Docility.\u2019<\/p>\n

IGNORANT AND INCOMPETENT<\/p>\n

Today, across the sub-region, as it is in this jurisdiction, evidence has shown that while the competent were left hopelessly depressed, the \u2018Ignorant and Incompetent,\u2019 kept moving to ranks, like \u2018Eagles\u2019 soaring in the skies under the \u2018Golden Sun.\u2019 Given recent developments in the \u2018Pointe\/Booby Alley Community,\u2019 had the venerable members of the \u2018Police Service Commission (PSC),\u2019 viewed the State- media-video \u2018Cabinet Press Briefings,\u2019 except for \u2018self-conceit, insularity, hypocrisy and vulgarity,\u2019 they will have seen what they have done to \u2018Superintendent of Police, Lisbon Michael.\u2019<\/p>\n

LEADERLESS SSU<\/p>\n

Reportedly often avoided \u2018Police Media Briefings on Crime and \u2018Statistical Data\u2019 on successful: (a) \u2018Solving of murders: (b) Apprehension of accused murderers; and (c) Prosecutorial success.\u2019 Instructively, in an incident far removed from his areas of responsibility, \u2018Assistant Commissioner Clifton Cabral\u2019 was either; (a) \u2018Selected by the environment; or (b) Directed by Commissioner of Police Atlee Rodney.\u2019 Little did the substantive \u2018Head of Special Branch (HSB)\u2019 and \u2018Figure Head of the Criminal Investigations Department (CID)\u2019 knew, was that he was in fact divulging information on an apparent \u2018Unauthorized Tactical Operation.\u2019 Little he may have known that the apparent \u2018Leaderless SSU,\u2019 was not acting in the \u2018Lawful Execution of Duty.\u2019<\/p>\n

BARRICADING RESIDENT<\/p>\n

That which was widely and universally known, was that \u2018Rubber Bullets\u2019 were used only to; (i) \u2018Public Order was threatened or occasioned; (ii) Dispersing attacking rioting crowds or violent and unruly mobs; and (iii) Dispersing rioters from the public streets. \u2018These are among the several justified reasons. From law enforcement perspective, clearly, a \u2018Resident Barricading\u2019 him\/herself in their dwelling houses, as \u2018Assistant Commissioner of Police, Clifton Cabral revealed; (i) \u2018Committed no crime: (ii) Breached no Peace; and (iii) Posed no threat to; (a) His community: (b) The safety of Court Bailiffs; nor (c) Posed no danger to the interventionists law enforcers, that neither appeared to have possessed; (i) \u2018No legal authority: nor (ii) An open or extended invitation.\u2019<\/p>\n

LAWFUL FUNCTION<\/p>\n

Undoubtedly, when \u2018High Court Bailiff Roydon Joseph\u2019 presented himself at the \u2018Pointe\/Booby Alley\u2019 community, it was for the legitimate purpose of evicting himself and other family members. Failing to secure the cooperation in a judicially-ordered; (a) \u2018Eviction from; (b) Demolition of a dwelling house; and (c) Causing the removal of debris,\u2019 most wisely retreated. Even with \u2018Security Protection of the Police, as he sought to perform a \u2018Lawful Function.\u2019 But encountering a \u2018Contemptuous Resident, Joel O\u2019Marde.\u2019 Seemingly, agitated and riled-up, he barricaded in his \u2018Living Space,\u2019 members of the rapidly gaining notoriety- the \u2018Special Services Unit (SSU)\u2019 flattened him with a single \u2018Rubber Bullet\u2019 [April 4, 2023].<\/p>\n

POLICE CONTINGENT<\/p>\n

Had the escorting \u2018SSU Officers\u2019 understood the punishable act and offering advice to the \u2018Bailiff,\u2019 except for violent \u2018Community Protestation,\u2019 there may have been no need for the use of \u2018Rubber Bullets.\u2019 Before the \u2018Pointe\/Booby Alley Resident\u2019 could have said, \u2018Hail Mary, Full of Grace,\u2019 two belligerent and misguided \u2018SSU\u2019 personnel reportedly entered \u2018Unlawfully and Forcefully,\u2019 with a single \u2018FRG-discharged Rubber Bullet,\u2019 reportedly demolished the back door of his dwelling house. He was reportedly accompanied by a \u2018Police Contingent.\u2019 Such comprised, and led by a \u2018Sergeant: Corporal and Constable.\u2019 Their \u2018Role\u2019 was primarily the maintaining order and ensuring the \u2018Rule of Law\u2019 prevails.\u2019<\/p>\n

PUBLIC TESTIMONY<\/p>\n

Seemingly \u2018Fixated\u2019 on eviction and use of force, albeit, non-lethal,\u2019 yet \u2018Begging for Justification, little he may have known, he was giving \u2018Public Testimony.\u2019 Exhibiting unfamiliarity with the statutory duties contained in the \u2018Police Act,\u2019 [Sections 22 and 23], saw the \u2018Assistant Commissioner\u2019 unconvincingly sought to show justification use of the \u2018Tactical Weapon- First Responders Gear (FRG).\u2019 against the resident of \u2018Pointe\/Booby Alley community. If it helps clarity of understanding of both Law enforcers and the citizenry, the \u2018Tactical Weapon\u2019 that has recently came under intense public scrutiny has been the weapon called, \u2018First Responder Gear (FRG).\u2019 Universally, it was used to suppress street rioters. There was no revelation that \u2018Joel O\u2019Marde\u2019 was so rioting.<\/p>\n

SOLE FUNCTION OF BAILIFFS<\/p>\n

That which some rank-and-file personnel appeared in serious want of procedural knowledge, was that, in litigious proceedings that resulted issuance of \u2018Court Orders,\u2019 enforcement of such is \u2018Sole Function\u2019 of \u2018Court-appointed Bailiffs\u2019 [Magistracy\/High Court of Justice]. In their official capacity as members of the \u2018Police Service,\u2019 and in the discharge of their individual and collective \u2018Statutory Duties,\u2019 the membership does not litigate against, or on behalf of the citizenry for \u2018Tortious Wrongs.\u2019 The simple reason is are that \u2018Torts are \u2018Civil wrongs.\u2019 Though some might be both \u2018Private and Criminal,\u2019 they provide no \u2018Civil jurisdiction to Police officers to intervene criminally.<\/p>\n

ROUTINE SERVICES<\/p>\n

Many among the rank and file appeared not to be able to distinguish their statutory role from those administratively considered as; \u2018Routine Services.\u2019 Such services were often rendered to \u2018Court-appointed Bailiffs,\u2019 and by extension, members of the wider society. It was within administration and public knowledge that some officers were, and are fully engaged in rendering \u2018Security Protection Services\u2019 to business operators, such as; (a) \u2018Hotels and Guest Houses: (b) Night and Strip-Tease Clubs: (c) Casinos: (d) Supermarkets: (e) Carnival and socially-organized fetes, parties and dances; (f) Sports events; (g) Escort of Government revenues; (h) Static duties at trouble-prone educational institutions; as well as (i) Providing escort services to members of the corporate citizens of their Bank deposits, as well as bereaved and grieving families.\u2019<\/p>\n

OPERATIONAL FACTS<\/p>\n

Though the \u2018Cabinet\u2019 avoided the identity of the accompanying officer, seemingly seized of \u2018Operational Facts,\u2019 logic dictates that he may have been considered for the \u2018Press Briefing.\u2019 Even as its members were reportedly collectively briefed by \u2018Justice and Police Minister Steadroy \u2018Cutie\u2019 Benjamin,\u2019 when Cabinet took the \u2018Decision\u2019 that \u2018an Assistant Commissioner of Police\u2019 should speak at the \u2018Press Briefing,\u2019 realizing that rank-and-file officers\u2019 may have been circumspect over the \u2018Decision,\u2019 skillfully, the \u2018Cabinet Notes\u2019 refer to \u2018an Agreement.\u2019 Such speaks to no representation, neither of the \u2018Commissioner of Police Atlee Rodney QPM,\u2019 nor of the \u2018Police and Justice Minister.\u2019<\/p>\n

SCREEN SHOT<\/p>\n

It has been said that a \u2018Picture is worth a thousand words.\u2019 The advent of, and improvement in technology, has vastly improve human understanding of that which was then not universally widespread to the average people.\u00a0 From a particular published screen shot for the citizenry to view, it has vividly shown; (i) \u2018A male (Joel O\u2019Marde) from shoulder to head, sitting at a window of his dwelling house: (ii) His right-hand clasping that of a female looking up at him from beneath the window; (iii) His left hand visibly resting upon the window-sill facing the camera.<\/p>\n

MOST OBSERVEABLE<\/p>\n

Brutal Police behavior and deadly consequences have shown which was then left to imagination. That which was \u2018Most Observable,\u2019 were (iv) \u2018Another female was standing on the verandah next to the window; while (v) An identifiable uniformed \u2018SSU\u2019 member, seemingly engaging him \u2018Peacefully and Fearlessly\u2019<\/strong> standing on the threshold immediately in front of the window.\u2019 Though not necessarily his assigned professional and statutory duty to enforce \u2018Court-Issued Eviction Orders,\u2019 that which may have been discerned, was that this officer, commendably so, may have been using his wit in seeking to gain the male\u2019s cooperation in vacating the dwelling house.<\/p>\n

SUBDUE – EVICT – ARREST<\/p>\n

Research has revealed that non-communication and request from the \u2018Registrar of the High Court\u2019 to Commissioner of Police Atlee Rodney QPM,\u2019 supervision, command and control,\u2019 saw a contingent of \u2018Special Service Unit (SSU)\u2019 responding to a call by the said \u2018Court-appointed Bailiff.\u2019 Considering the \u2018Role\u2019 of the \u2018SSU officers\u2019 and the \u2018Function\u2019 of \u2018High Court Bailiff, Roydon Joseph,\u2019 the questions an informed \u2018Commissioner of Police,\u2019 might wish to ask an \u2018Assistant Commissioner,\u2019 are; (i) \u2018Was there sufficient cause for the unsupervised officers, the most senior rank a \u2018Corporal of Police\u2019 to\u00a0 take over the \u2018Function\u2019 of the Bailiff?;\u00a0 (ii) By using \u2018FRG-discharged Rubber Bullet,\u2019 was such violent act necessary to: (a) \u2018Subdue; (b) Evict: and (c) Arrest; and (d) Whose authority influenced the\u00a0 use of the \u2018FRG\u2019?\u2019<\/p>\n

STATE SUBJECT TO LAW<\/p>\n

Whether or not, obedient and disobedient, law-abiding and lawless. the \u2018Constitution Order\u2019 guides the citizenry in language that even \u2018Devon Benjamin, the 11-year-old grandson\u2019 of \u2018Principal Legal Adviser to his Government and Police Minister\u2019 to understand. Even before he was conceived, the apparent studious and erudite pre-teen understood that; \u2018The State is subject to the Law\u2019 [Founding Principle: \u2018D\u2019: CO: No. 1106: 1981]. Additionally, those that have been degreed \u2018Students of Law\u2019 and have joined the \u2018Legal Profession,\u2019 namely; (i) Defence Attorneys; (ii) Magistrates; and (iii) High Court Justices,\u2019 have informed themselves of this \u2018Founding Constitutional Principle.\u2019 Even for benefit those delivering \u2018Monkey Eulogy\u2019 [Dr. Lester Simon], and those delivering \u2018Judicial Decisions\u2019 that invariably beg for rationality, the overwhelming majority knows this particular provision.<\/p>\n

FORCEFULLY SUBDUED<\/p>\n

From a professional perspective, the interventionist actions appeared; (a) \u2018Operationally unlawful; and (b) Committing the cardinal mistake. They will have committed a tactical, but grievous mistake in using \u2018Rubber Bullets\u2019 against a male occupant of his dwelling house that the \u2018Assistant Commissioner\u2019 revealed to have \u2018Ran back into, and barricaded himself in the house\u2019<\/strong> [ABS TV: April 6, 2023]. With or without authorization by; (i) \u2018Commissioner of Police, Atlee Rodney QPM: (ii) Deputy Commissioner Albert Wade QPM; or (iii) Reverend Deputy Everton Jeffers or himself, such has been the type of weaponry available for use in times of rioting citizens.<\/p>\n

ROUTINELY-RENDERED SERVICES<\/p>\n

Many personnel among the rank and file appeared not to be able to distinguish their statutory role from those administratively considered as; \u2018Routine Services.\u2019 Such services were often rendered to \u2018Court-appointed Bailiffs,\u2019 and by extension, members of the wider society. It was within administration and public knowledge that some officers were, and are fully engaged in rendering \u2018Security Protection Services\u2019 to business operators, such as; (a) \u2018Hotels and Guest Houses: (b) Night and Strip-Tease Clubs: (c) Casinos: (d) Supermarkets: (e) Carnival and socially-organized fetes, parties and dances; (f) Sports events.<\/p>\n

ESCORT<\/p>\n

As it relates to \u2018Escort of Government Revenues;\u2019 (h) Static duties at trouble-prone educational institutions; as well as (i) Providing escort services to members of the corporate citizens of their Bank deposits, as well as bereaved and grieving families.\u2019 As the name suggests, the \u2018SSU,\u2019 has a supporting role to play within the wider society. They perform services that are not necessarily stipulated by \u2018Statute Law.\u2019 For instance, though not necessarily detailed and dispatched to perform \u2018Bailiff Duties,\u2019 inter-agency cooperation, demands that Governmental departments were readily provided \u2018Security Escort Assistance.\u2019<\/p>\n

BARRICADING RESIDENT<\/p>\n

That which may have been made obvious to residents of the \u2018Pointe\/Booby Alley\u2019 community, as well as persons who may have viewed the online video, the \u2018Police Rubber Bullet Victim-Joel O\u2019Marde,\u2019 appeared not to have posed danger to; (a) Residents; (b) Public safety; nor (c) The lone \u2018SSU\u2019 member, peacefully, yet watchfully, stood in close proximity of the occupant of the house. From law enforcement perspective, clearly, a \u2018Resident Barricading\u2019 him\/herself in their dwelling houses, as \u2018Assistant Commissioner of Police, Clifton Cabral\u2019 revealed; (i) \u2018Committed no criminal act: (ii) Breached no Peace; (iii) Posed no threat to; (iii) His community; and (iv) By extension, members of the public.\u2019<\/p>\n

CONTEMPTUOUS RESIDENT<\/p>\n

Consequent upon the recent developments in the \u2018Pointe\/Booby Alley Community,\u2019 when \u2018High Court Bailiff Roydon Joseph\u2019 lawfully presented himself to perform his lawful function, he reportedly encountered a \u2018Contemptuous Resident, Joel O\u2019Marde.\u2019 Seemingly, agitated and riled-up and barricaded in his \u2018Living Space,\u2019 members of the rapidly gaining notoriety- the \u2018Special Services Unit (SSU)\u2019 flattened him with a single \u2018Rubber Bullets\u2019 [April 4, 2023]. Failing to secure the cooperation in a judicially-ordered; (a) \u2018Eviction from; (b) Demolition of a dwelling house; and (c) Causing the removal of debris,\u2019 most wisely retreated.<\/p>\n

JURISDICTION AND JUSTIFICATION<\/p>\n

Notwithstanding safety concerns, there was no immediate threat to the \u2018High Court Bailiffs; nor (c) Posed no danger to the interventionists law enforcers. They neither appeared to have found the \u2018eventual Rubber Bullet Victim\u2019 committing a crime. Moreover, they possessed; (i) \u2018No Legal authority: nor (ii) Had an open or extended invitation to enter upon private property.\u2019 The statutory duties contained in the \u2018Police Act,\u2019 are well described [Sections 22 and 23]. An Assistant Commissioner that lacks familiarity, may find it difficult in navigating himself out of any \u2018Press Conference. Though, unconvincingly, he sought to show justification use of the \u2018Tactical Weapon- First Responders Gear (FRG),\u2019 when in fact there was no Jurisdiction and Justification for the action against the resident of \u2018Pointe\/Booby Alley community.<\/p>\n

UNLAWFULLY AND FORCEFULLY<\/p>\n

Before \u2018Pointe\/Booby Alley\u2019 resident \u2018Joel O\u2019Marde,\u2019 could have said, \u2018Hail Mary, Full of Grace,\u2019 two belligerent and misguided \u2018SSU\u2019 personnel reportedly entered \u2018Unlawfully and Forcefully,\u2019 with a single \u2018FRG-discharged Rubber Bullet,\u2019 reportedly demolished the back door of his dwelling house. Before, he could have said; \u2018Jack Rabbit,\u2019 he was reportedly fell with a single \u2018Rubber Bullet\u2019 [April 6, 2023]. These have been the officers that have been widely viewed by the majority of the populace as combative, and mercilessly brutal. There has been as much quiet whispering, as there have been open public consternation of their \u2018Intimidatory Tactics\u2019 and religious public brandishing of such weapons.<\/p>\n

MADDENED RESIDENTS<\/p>\n

Showing solidarity, scores of angry reportedly residents converged at \u2018the home of the \u2018Rubber Bullet\u2019 battered and bruised, \u2018Joel O\u2019Marde\u2019 [ABS TV: April 6, 2023]. The residents were \u2018Maddened.\u2019 Though they have not publicly voiced consternation and abhorrence, privilege information revealed that the \u2018Area Representative, Prime Minister Gaston Browne\u2019 and Attorney General; Principal Legal Adviser\u2019 to his government; Justice; Public Safety and Police Minister, \u2018Steadroy \u2018Cutie\u2019 Benjamin\u2019 appeared displeased with the clearly unlawful \u2018SSU\u2019 intervention and intrusion, on private property without proper legal authority. They run the risk of incurring litigious and disciplinary consequences.<\/p>\n

POLICE DISCIPLINE CODE<\/p>\n

Parliament had long anticipated that \u2018Bullets-Metal Jacket and Rubber,\u2019 that even when unnecessary and without justification, the irresponsible, ignorant and reckless will discharge \u2018Bullets\u2019 recklessly. It also anticipated that the reckless shall be made amenable to the \u2018Police Discipline Code.\u2019 Parliament also anticipated that which also occurred at the private residence of \u2018former Government Minister, Dean Jonas,\u2019 as well as many other indigent members of society. Moreover, Parliament anticipated that which reportedly occurred in the \u2018Pointe\/Booby Alley\u2019 community. Consequent upon such anticipation, Parliament empowered the \u2018Minister with responsibility for the \u2018Police Service\u2019 to make regulations for \u2018Disciplinary control of its members,\u2019 particularly those of, and have shown evidence and a propensity in exhibiting \u2018Roguish and Brutish Behaviors.\u2019<\/p>\n

STATUTORY AUTHORITY<\/p>\n

That which the \u2018Cabinet Spokesperson\u2019 appeared not to have known, was that Law enforcers have no \u2018Statutory Authority\u2019 or \u2018Civil Jurisdiction in enforcing \u2018Civil Court-Issued Eviction Orders.\u2019 He may not have been alone. The \u2018Police\u2019 contended that he had failed to exit the \u2018house,\u2019 after they had persuaded him so to do. Such was not, and has never been their function, or \u2018Role.\u2019 Both the \u2018Assistant Commissioner\u2019 and \u2018STRATCOM Press Release sought to impress upon the \u2018Mind of the Nation,\u2019 that the apparent misguided and overzealous officers were \u2018Acting in the executing of Duty.\u2019<\/p>\n

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

In fact, guided by professional, administrative and operational knowledge of the \u2018Police Service\u2019 and stipulated; (i) Duties: (ii) Powers; and Authority,\u2019 as contained in the \u2018Police Act,\u2019 the \u2019SSU\u2019 personnel appeared to have acted more outside the \u2018Realm of Law,\u2019 than of the purpose for which they were requested.\u00a0 That which the \u2018Cabinet Spokesperson\u2019 appeared not to have known was that Law enforcers have no \u2018Statutory Authority\u2019 or \u2018Civil Jurisdiction\u2019 in enforcing \u2018Civil Court-Issued Eviction Orders.\u2019<\/p>\n

EXECUTION OR EVICTION<\/p>\n

Both the \u2018Assistant Commissioner\u2019 and \u2018STRATCOM Press Release\u2019 sought to impress upon the mind of the nation, that the apparent overzealous officers were acting in the \u2018Execution of Duty.\u2019 They were not concerned with \u2018Crime Detection, but seemingly with \u2018Eviction.\u2019 \u00a0It needs no Court Decision to know they were misguided. It was within administrative and operational knowledge of the stipulated; (i) Duties: (ii) Powers; and Authority\u2019 [PA: Sections 22 & 23]. Clearly, their apparent questionable actions or direction, took them outside the \u2018Realm of Actual Police Duties.\u2019 Thus, seeking to \u2018Defend the Indefensible,\u2019 appeared rather unconvincing.<\/p>\n

DEFEND THE INDEFENSIBLE<\/p>\n

That which was widely and universally known, was \u2018Rubber Bullets\u2019 was used only to; (a) \u2018Disbursing attacking rioting crowds or mobs; and (ii) Dispersing rioters from the public streets. Such weapon was reportedly used for two purposes: (i) \u2018Breaking the Backdoor of his dwelling house; and (ii) Used forcefully to \u2018Subdue\u2019 him with a single \u2018Rubber Bullet\u2019 [ABS TV: April 6, 2023]. Such course of action not only incensed members of the \u2018Point\/Booby Alley\u2019 community, but also a number of deceased \u2018Cabinet Ministers\u2019 laid to rest at the \u2018St. John\u2019s Public Cemetery.\u2019 The citizens being constantly placed under \u2018SSU Radar,\u2019 were known to have been indigent members of depressed communities.<\/p>\n

DISCIPLINARY OFFENCE<\/p>\n

This particular provision states; \u2018If a member of the Police Service; (i) \u2018Without good or sufficient cause, makes any \u2018Unlawful or Unnecessary Arrest; or (ii) Uses any unnecessary violence to; (a) Any prisoner; or (b) Other person whom he may be brough into contact in the execution of HIS DUTY,\u2019 commits a breach of discipline [Schedule Disciplinary Offences: Paragraph (h) (i) and (ii)]. Some disciplinary hearings will be done by the \u2018Commissioner of Police,\u2019 while some of higher ranks will be performed by the \u2018Police Service Commission (PSC). This august body, its membership comprised some of the most brilliant minds, were said to have caused more disaffection among members of the \u2018Police Service,\u2019 by the \u2018Choice of Pegs\u2019 they put in some holes.<\/p>\n

TROUBLING BAIL ISSUES<\/p>\n

Though not necessarily the jurisdictional concern of the \u2018Magistracy,\u2019 that which may have been prosecutorally withheld from \u2018Magistrates\u2019 when objecting to \u2018Bail\u2019 were that \u2018Police officers often had; (i) \u2018No reasonable suspicion that some Defendants had committed the offence charged: or (ii) Possessed Court-issued \u2018Warrant in the First Instance;\u2019 or (iii) Warrant issued by the \u2018Bench\u2019 to arrest persons and bringing them directly to the Magistracy,\u2019 many were inevitably faced with certain issues pertaining to \u2018Bail.\u2019 These often included; (i) \u2018<\/strong>Prosecutors objection to Bail: (ii) Stringent Bail Conditions; and (iii) \u2018Deprivation of Liberty.\u2019<\/p>\n

WANT OF RATIONALITY<\/p>\n

Some \u2018Magistrates\u2019 run the risk of being seen as making \u2018Mockery of the Magistracy.\u2019 Apparently influenced by the \u2018Dean Jonas Home Arrest Syndrome,\u2019 minor summary offences- \u2018Complaint without Oaths\u2019 were reportedly filed with the \u2018Magistracy\u2019 with \u2018Reckless Disregard\u2019 to provisions contained in the \u2018Criminal Prosecutions Service Act\u2019 [CPSA: Section 27 (2)]. Improperly and magisterially filed, some \u2018Bail Conditions\u2019 were often said to be in \u2018Want of Rationality.\u2019 That which were seen as being treated as a \u2019Crime\u2019 included; (i) \u2018Threatening Language; (ii) Indecent Language: (iii) Armed with Offensive Weapon; and (iv) Disorderly Conduct\u2019 Then prompting negative perceptions has been an apparent useless, unnecessary and vulgar cash component of \u2018EC$ 300.00.\u2019 This was said to represent the \u2018Principal sum of \u2018EC$2, 000.\u2019<\/p>\n

MORTAL FEAR OF ABSCONSION<\/p>\n

Instructively, such was ordered payable to the Magistrate Court\u2019 for the expressed purposes of; (a) \u2018Securing a Defendant\u2019s liberty; and (b) Ensuring that there was no \u2018Absconsion\u2019 from the Court\u2019 Jurisdictions\u2019 [April 6, 2023]. A Defendant, struggling under a \u2018Court-issued Eviction Order,\u2019 appeared to have experienced more adversities than of the reasonably suspected deceived and defrauded \u2018African Migrants.\u2019 Adding further \u2018Misery and Insult to Injury,\u2019 for \u2018non-indictable or hybrid criminal offence,\u2019 apparent \u2018Mortal Fear of Absconsion,\u2019 saw not a Defendant being ludicrously and irrationally ordered to; (i) \u2018Surrender Travel document to the Court: and (ii) Report twice-weekly on Mondays and Saturdays\u2019 to a designated Police Station.<\/p>\n

JUDICIAL RESPONSIBILITY<\/p>\n

Unlike the \u2018Magistracy,\u2019 indigence has often seen persons unable to meet certain \u2018Bail Conditions,\u2019 being remanded to custody. Should Bail be denied, indigence also militates against their liberty. Seemingly, among the \u2018Learned Justices\u2019 who appear to have familiarized themselves with those living in depressed communities and living at the edge of poverty may have been \u2018Their Lordship and Ladyship,\u2019 Justices Colin Williams and Ann-Marie Smith.\u2019 Both seemed to have taken a revolutionized \u2018Bail.\u2019 From their individual perspective and through eyes and minds, they have been able to distinguish justice, injustice and hardship. Both not only understand their \u2018Judicial role, function and responsibilities.<\/p>\n

DEAN JONAS: INDIGNITIES<\/p>\n

When law enforcers visited the privately-owned residential property of \u2018Dean Jonas,\u2019 a former Parliamentarian; Deputy Hose Speaker and Government Minister, they had; (i) \u2018No reasonable suspicion that he had committed a crime or offence; (ii) and that they were not executing in the lawful execution of duty.\u2019 In fact, they appeared to have \u2018stepped outside the \u2018Realm of their Authority.\u2019 Aware that they had no jurisdiction in; (a) \u2018Child paternity; and Child custody,\u2019 when they were lawfully requested to do so, they stupidly and blatantly refused to depart. Then, seemingly for reasons of lack of procedural knowledge of non-law enforcement matters, he was arrested, handcuffed and also slapped with four summary charges.\u2019 Incidentally, though not necessarily the same members, it was the same \u2018Special Services Unit (SSU); that reportedly subjected him to such indignities\u2019 [ANR: February 23, 2023].<\/p>\n

MACOUTES \u2013 MONGOOSE GANG – DEATH SQUADS<\/p>\n

Consequent upon the course of action taken by members of the \u2018Special Services Unit (SSU),\u2019 officers now run the risk of being seen as exhibiting \u2018Mental Traits\u2019 capable of being likened to those of the notorious and disbanded; (a) \u2018Haitian Francois \u2018Papa Doc\u2019 Duvalier Tonton Macoute\u2019 [Wikipedia: 1958]; (b) The disbanded infamy-acclaimed by the \u2018Grenadian Sir Eric Matthew Gairy Mongoose Gang\u2019 [Wikipedia: 1967 to 1979]; (c) The disbanded Guyana (i)\u00a0 ; Phantom: (ii)\u00a0 Black Clothes Police; and (iii) Death Squad\u2019 [Stabroek\/Guardian: 1999\/July 22, 2015]; and\u00a0 (c) The St. Lucia Death Squad.\u2019<\/p>\n

FEAR OF SQUAD v FEAR OF DEATH<\/p>\n

Research revealed that between \u20182010 and 2012,\u2019 this Squad reportedly caused some 12 funerals, resulting from \u2018Extrajudicial Killings.\u2019 Each deceased reportedly suffered from multiple gunshots\u2019 [Associated Press: SLU: March 9, 2015]. Then there was Jamaica \u2018Most Feared,\u2019 the disbanded \u2018Dirty Harry Death Squad\u2019 that was officially called \u2018Crime Management Unit (CMU)\u2019 [Jamaica Observer: December 3, 2003]. This was led by the fearless, \u2018colorful and controversial Superintendent Renato Adams.\u2019 The \u2018Crawle Bay\u2019 community saw this \u2018Unit\u2019 removing some 7 of its male residents in a single operation.\u2019 Slapped with \u20187 Murder Charges,\u2019 reported \u2018Fear of the Squad and Death,\u2019 in witnesses and lack of evidence, saw \u20185 \u2018Unit\u2019 members escaped sure conviction. At a time when this nation was beginning to see the ugly head of a small, but equally \u2018Notorious Unit,\u2019 that unofficially called itself \u2018The Enforcers,\u2019 adversity saw its head \u2018beheaded.\u2019<\/p>\n

CONCLUSION<\/p>\n

In the instant case, there may be no doubt of the abuse of authority and an arrest that begs for justification and lawfulness. Instructively, yet repetitively, \u2018Head of the Police Strategic Communications and Press Liaison Officer, Inspector Frankie Thomas often informed the media that; \u2018Investigation will be conducted. Instead, it was the \u2018Rubber Bullet\u2019<\/strong> victim who was slapped with four charges. Contrasting to those disbanded across the region, the \u2018SSU,\u2019 appears to have developed a pattern of behavior that could see attitude changed from that which has caused pain and embarrassment to that which has the potential for bereavement, if the lowly-ranked members continue to be left unchecked and unsupervised. To all grievous intents and purposes,\u2019 when \u2018High Court Bailiff Roydon Joseph\u2019 appeared to have failed in his attempt to effect enforcement of a judicially-made \u2018Eviction Order,\u2019<\/strong> \u2018Joel O\u2019Marde\u2019 was forcefully removed from his \u2018St. John\u2019s Street residence to the \u2018Sir Lester Bird Mount St. John Medical Center.\u2019 His removal reportedly was done by clearly misguided, over-officious, overzealous and unsupervised members of the \u2018Special Services Unit (SSU).\u2019 A single \u2018Rubber Bullet\u2019 discharged from a \u2018First Responders Gear (FRG), saw his \u2018Eviction by the Police\u2019 at his residence and in a dwelling house occupied by his family.\u2019 He reportedly sustained bodily bruises. This was confirmed by \u2018Assistant Commissioner of Police Clifton Cabral\u2019 [ABS TV: April 6, 2023]. ***<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

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SSU: Booby Alley Rubber Bullet Eviction Rawlston Pompey It has long been the experience that in human socialization, there has been; (a) Invasion of space; Intrusion of privacy; and those brave enough to protest, know of certain inevitabilities. 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