{"id":173155,"date":"2023-05-02T07:06:21","date_gmt":"2023-05-02T11:06:21","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=173155"},"modified":"2023-05-02T07:06:21","modified_gmt":"2023-05-02T11:06:21","slug":"no-murder-no-crime-sankey-of-the-environment","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/no-murder-no-crime-sankey-of-the-environment\/","title":{"rendered":"No Murder – No Crime \u2013 Sankey Of The Environment"},"content":{"rendered":"
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Rawlston Pompey<\/strong><\/p>

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It is sometimes \u2018Intriguing; Sometimes Amusing; and Sometimes Befuddling to the mind, how Law enforcement project themselves, and by extension the reputation of the \u2018Police Services.\u2019 As it relates to their role and functions, some law enforcers delight in making self-serving and self-gratification statements. That which shall be known, is that today\u2019s enlightened people are neither fooled by \u2018Sentimentality or Gibberish.\u2019 Besides, members of society, particularly those of peripheral-depressed city communities, appear far more intelligent and more informed of occurrences, in and out of their residential spaces.<\/p>\n

SANKEY OF THE ENVIRONMENT<\/p>

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Though most have very little to be deprived of, they are equally as concerned about acts of criminality that threaten, not only their communities, but also the rest of society. The citizenry also knows when \u2018Law Enforcement\u2019 come out singing \u2018Sankey of the Environment.\u2019 If they \u2018Fiddle with Truth,\u2019 that they also know. As the title of this commentary suggests, those left in a state of timidity, yet showing a peculiar sense of humor, have coined it; \u2018No Murder; No Crime; Only Shootings; Rape and Robberies.\u2019 <\/strong>More ironically, yet humorous, many has said that every \u2018Murder\u2019 prevented in \u2018St. Lucia,\u2019 is also a \u2018Murder\u2019 the dispatched \u2018Antiguan and Barbudan Police officers and Military personnel,\u2019 may have been prevented in their crime-ridden nation of \u2018Antigua and Barbuda.\u2019<\/p>

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PERSPECTIVE<\/p>\n

The news portals shall be credited for informing the citizenry on crime, not only within their \u2018Residential Spaces,\u2019 but also extended to the wider communities. As the nation has seen a \u2018Spate of Robberies\u2019 being perpetrated against the business community, they are expecting those charged with the \u2018Prevention of Crime,\u2019 to let their presence felt and their actions known. In spite of the apparent \u2018unchecked, uncontrolled and distressing acts of criminality being perpetrated against defenceless citizens, this commentary primarily looks at; (i) \u2018Police Shootings and Killings; and (ii) The apparent inability of the multi-tasked \u2018Magistrates,\u2019 acting as; (a) \u2018District Magistrates; and (b) District Coroners.\u2019 It looks at those \u2018Killings\u2019 that have been reasonably suspected, and believed in some quarters to have been \u2018Executions\u2019 that are capable of being cited as \u2018Extrajudicial Killings.\u2019<\/p>

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GUN-TOTING-ROBBERS<\/p>\n

At a time when the unarmed and defenceless citizens were wincing under the \u2018Criminal Escapades\u2019 of \u2018Gun-toting Robbers,\u2019 Law enforcement appeared to have been wilting under their pressure. The citizenry, left to experience horror, terror and trauma, due to the frequency of robbery attacks, Clearly, they have shown, and continue to show that with impunity and mercilessly the hapless citizens. This state of affairs greatly contrasted; (i) \u2018Jamaica: (ii) Trinidad and Tobago: (iii) St. Lucia; nor (iv) St. Vincent and the Grenadines\u2019 that have seen serious and violent crimes on the rise in their respective jurisdictions.<\/p>

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BRANDISHING GUNS \u2013 WIELDING KNIVES<\/p>

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Given the currency of the terrifying situation, reasonable inferences may have been drawn that Law enforcers were concerned only with the heinous crime of \u2018Murder.\u2019 That which they may have failed to consider, has been \u2018Public Perceptions\u2019 of an apparent Law enforcement inability in bringing respite to an uneasy, frightened and fearful populace. While they \u2018Gloated and Boasted\u2019 of \u2018No murder in the First Quarter-2023\u2019 [ANR: April 9, 2023], robbers; (i) \u2018Brandishing Guns;\u2019 and (ii) Wielding meat cleavers and knives.\u2019 Captured on \u2018close circuit television cameras,\u2019 saw robbers attacking business operators, more than people being rushed to \u2018Medical\u2019 facilities to be treated for \u2018Heart Attacks.\u2019<\/p>\n

STATE OF TIMIDITY<\/p>\n

From a professional perspective, these criminal acts have not only seen unprecedented terror being unleashed on members of society by armed robbers and rapists, but also their increasing frequency have left many victims traumatized and mortally afraid. Then there has been the psychological impact on other members of the society. Since no citizen knows who may become the next robbery or rape victim, many law-abiding and vulnerable citizens, continue to harbor a sense of uneasiness and uncertainty as they go about, or attend to their personal affairs and lawful businesses. Many have now been left in a \u2018State of Timidity.\u2019<\/p>\n

COWBOY LAW<\/p>\n

Constitutionally, it speaks to the \u2018Law\u2019 as \u2018symbolizing the public conscience\u2019 [CO: 1981: Principle: \u2018C\u2019]. It is not only to be seen as a \u2018Symbol of Authority,\u2019 but also demand respect by both \u2018Citizen and State.\u2019 Unfortunately, certain agencies and agents of the \u2018State,\u2019 have made it look like \u2018Cowboy Law.\u2019 In most of today\u2019s democracies, though many \u2018Police Groups\u2019 have been formed within most of the regional \u2018Police Forces,\u2019 the name; \u2018Special Services Units (SSU),\u2019 has shown a marked difference, and a departure from the \u2018Spirit of Law.\u2019 Today, the way they operate and purposes intended. That which appears most troubling to the citizenry, and particularly those that have been insensitively left bereaved and still grieving and mourning, has been the lack of; (i) \u2018Accountability; (ii) Criminal liability.\u2019<\/p>\n

SANCTITY OF LIFE<\/p>\n

Research has shown that within the \u2018Organization of Eastern Caribbean States (OECS)\u2019 Police Services, the \u2018Special Services Units (SSU\u2019s),\u2019 were not just created, but purposefully so. These \u2018Units\u2019 shall strike fear in those with the propensity to commit crime. In these jurisdictions, lawful or unlawful; or justified or unjustified, \u2018Police killings\u2019 are never called; (a) \u2018Murder;\u2019 nor (b) Homicide.\u2019 Clearly, with administrative sanctions and \u2018State-sponsored acts of terrorism, members of some regional \u2018Police Units\u2019 have reportedly shown scant regard to human dignity, as well as gross lack of respect for the \u2018Sanctity of Life.\u2019<\/strong><\/p>\n

MORE OF EVERYTHING<\/p>\n

Today, such \u2018Units\u2019 appear; (a) \u2018More hostile; (b) More intolerant; (c) More insensitive; (d) More oppressive; (d) More combative; (e) More brutal; (f) More reckless; (g) More trigger-happy; and (h) More deadly.\u2019 It may have been observed that under the guise of; (a) Suppression of criminal activities; (b) Seeking to capture prison escapees; or (c) Seeking to restrain the mentally-challenged,\u2019 these appeared much easier to be achieved with the use of \u2018Police-issued Firearms,\u2019 than with tact and discretion and gentle persuasion. Thus, it is little wonder that persons identified as; (i) \u2018Criminal suspects; (ii) Prison escapees; and (iii) Being Mentally-challenged,\u2019 were subjected to \u2018Lethal Force.\u2019 Those that can easily be referred to, includes; (i) \u2018Kurt \u2018Shabba\u2019 James [2016]; (ii) Travis \u2018Ten Pound\u2019 Martin [2017]; (iii) Jamele \u2018Marlo\u2019 Hurst [2017]: (iv) Shanell \u2018Mabz\u2019 Thomas [2022]; and (v) Andrew Noyce\u2019 [2022].<\/p>\n

PROSECUTORIAL CONSEQUENCES<\/p>\n

It may have been seen, that in these jurisdictions, particularly, those \u2018Copy-Cat Jurisdictions,\u2019 there were those with the harbored, but misguided belief that \u2018Extrajudicial Police Killings\u2019 were the answer to the curtailment of serious crimes. That which remains attestable, was that trigger-happy law enforcers appeared to have been encouraged that as \u2018State-established Units,\u2019 they could \u2018Shoot and Kill\u2019 with impunity.\u2019 This was made obvious by those that are yet to grasp and understand the \u2018Legal Concept – Homicide.\u2019 That which they shall know, is that such \u2018Killings\u2019 have \u2018Prosecutorial Consequences.\u2019<\/p>\n

JUSTIFICATION \u2013 EXCUSABILITY<\/p>\n

In this very jurisdiction, there were strong sentiments against the behavior of these \u2018Units.\u2019 Though \u2018Coroner\u2019s Inquisitions\u2019 appear rare, it is these proceedings that \u2018Coroner\u2019s Juries\u2019 are expected to return verdicts that speak to; (a) \u2018Accountability; (b) Justifiability; and (c) Criminal liability.\u2019 For the citizen\u2019s understanding, as known throughout the then \u2018British,\u2019 and now \u2018Commonwealth,\u2019 instructional guidance speaks to the concept \u2018Homicide\u2019 as the \u2018Killing of a human being by a human being.\u2019 <\/strong>The improperly or poorly trained and starved for knowledge Law enforcers appeared never to have stopped to think or seek to guide courses of action that often begged for \u2018Justification or Excusability.\u2019<\/p>\n

LITMUS TEST<\/p>\n

That which appeared to have been often ignored by \u2018Law enforcement Special Services Units,\u2019 have been actions that have failed the \u2018Litmus Test\u2019 of justification. In a; (i) \u2018Coroner\u2019s Inquest; and (ii) Criminal trial,\u2019 that which speaks to \u2018Justification,\u2019 have always been; (a) \u2018When the law enforcer; (a) \u2018Attempted to arrest a violent suspect; and (b) A course\/s of action necessary for defence against attack\u2019 [Criminal Law Handbook: Baker and Wilkie\u2019s: 1978: P 72]. \u00a0Consequent upon the need for reaching and returning informed verdicts, \u2018Coroners and Trial Judges,\u2019 are legally-bound to explain these to their Juries.<\/p>\n

CRIMINAL SUSPECTS<\/p>\n

When the two most feared \u2018Units\u2019 within the Police Service reportedly lay in an ambush at \u2018East Light Foote, \u2018Cultural Operational Understanding\u2019 was that; (i) \u2018The then Rapid Response Unit (RRU); and (ii) Special Services Unit (SSU),\u2019 were on an apparent fatal mission. The news headline; \u2018Suspects killed \u2013 Residents at ease,\u2019 speaks to an operation that continue to demand a \u2018Coroner\u2019s Inquisition.\u2019 Such headline, speaks to the way the Editor saw the apparent \u2018Extrajudicial Killing\u2019 of two young men. Though two young men were reportedly dropped off at \u2018Vema Lane,\u2019 could not have been reasonably considered \u2018Criminal Suspects,\u2019 when no known criminal acts were about to be committed.<\/p>\n

REMARKABLE AND REPETITIVE<\/p>\n

Though members of these \u2018Units\u2019 of explicable \u2018Perceived Infamy\u2019 may have possessed certain \u2018Criminal Intelligence,\u2019 there may still have been no reasonable grounds to suspect that a crime was, in fact, was about to be committed. Frequently, Law enforcers hide and influenced the media to publish the \u2018Remarkable and Repetitive\u2019 \u2018Police media headlines \u2018Shootout with Police.\u2019 Though such suggests; (a) \u2018Fired upon by assailants; (b) Returning fire on assailants; and (c) Lunging at the Police.\u2019 Seemingly, always guarded by \u2018Angels,\u2019 only the latter invariably escaped death or injuries.\u2019<\/p>\n

FALSE SENSE OF BELIEF<\/p>\n

Even so, media professionals appeared always to have been guided to a \u2018False Sense of Belief,\u2019 that once the person \u2018Killed by Police,\u2019 may have been; (a) \u2018Criminal suspect; (b) Robber; or (c) Rapist; or Mental defective,\u2019 such provides justifiable or excusable reasons for that which, otherwise would have been considered; \u2018Extrajudicial Killing.\u2019 This term speaks to \u2018Killings or deliberate Executions\u2019 of persons by agents of the State. These, without judicial process, have never been sanctioned or ordered by the \u2018Judiciary\u2019 [Wikipedia]. That which shall be uncontradictory said, these \u2018Killings\u2019 are subject to \u2018Coroner\u2019s Inquisitions.\u2019 Additionally, these are among those statutorily clustered as \u2018Unnatural Deaths\u2019 [Interpretations: Coroner\u2019s Act: Chapter 105].<\/p>\n

SUDDENLY \u2013 VIOLENTLY – UNNATURALLY<\/p>\n

Among those so specified include death which occurs; (i) \u2018Sudden; (ii) Violent; or (iii) In an unnatural manner.\u2019 Though specified differently, when \u2018Police Killed\u2019 a person, it has all these elements. Invariably, it occurred \u2018Suddenly; Violently; and Unnaturally.\u2019 Research for the purposes of obtaining statistical data for this commentary, was futile. Reasonable inferences drawn suggested inter alia; (i) \u2018Poor record keeping; and (ii) An unwillingness to be obligingly helpful.\u2019 That which was publicly and nationally known, was that most cases pending \u2018Coroner\u2019s Inquisitions\u2019 were reportedly those involving; (a) \u2018Police Shootings; (b) Deaths in Police Cells; (c) His Majesty\u2019s Prison; (d) Traffic accidents; (e) Suspect suicidal hanging; (f) Drowning and (g) Bodies found in divers places.\u2019<\/p>\n

VERSIONS OF EVENTS<\/p>\n

That which may not be particularly helpful to the apparent \u2018cold-blooded, trigger-happy \u2018Unit Members,\u2019 is the instructional guide, necessary to show justification. When there were no \u2018Versions of Events,\u2019 that speak to attempting to arrest the person killed, a \u2018Coroner\u2019s Court and Jury,\u2019 shall not discern that it was necessary to \u2018Kill\u2019 to prevent the commission of; (i) \u2018A forcible and atrocious nature; and (ii) The force used was not excessive, but reasonably necessary to achieve the arrest\u2019 [Police Promotion Handbook: Baker & Wilkie\u2019s: 1978: Page 72]. That which was considered \u2018excessive was the Case of \u2018Constable Kevil Nelson\u2019 [2006].<\/p>\n

SHOOTOUT – VEMA LANE<\/p>\n

Seemingly, acting \u2018Under Pretext\u2019 of crime fighting, the lives of; (i) \u2018Travis \u2018Ten Pound\u2019 Martin-Bailey; and (ii) Jamele \u2018Marlo\u2019 Hurst\u2019 have been snuffed out. A news portal graphically wrote; \u2018Two male criminal suspects were shot dead and left lying on the side of \u2018Vema Lane in Light Foote East\u2019 for hours, following a shootout with Police.\u2019 In an apparent unusual, if not insensitive pattern of behavior, the two \u2018criminal suspects\u2019 reportedly killed by the identified \u2018Units,\u2019 \u2018Shootout Scene,\u2019 their bullet-riddled bodies, reportedly remained at the \u2018Shoutout Scene\u2019 on the side of \u2018Vema Lane\u2019 until 8 am\u2019 [Observer News: October 6, 2017].<\/p>\n

POLICE INVESTIGATION – TRANSPARENCY<\/p>\n

Further chronicling the unfolding events, the news portal continued; \u2018The shootout reportedly commenced at \u20181. 30 am\u2019<\/strong> as residents recounted, it lasted for some \u201810 to 15 minutes.\u2019 <\/strong>Quoting an unidentified on scene \u2018Top-ranked officer, the news portal reported; \u2018As with every case involving Police shootings, an investigation will be done to determine whether the Police acted lawfully.\u2019 Most importantly, to show \u2018Transparency\u2019 not only in addressing \u2018Police Killings\u2019 and bringing judicial closures, but also to guide the apparent discriminate use of \u2018lethal force\u2019 against unarmed criminal suspects and non-violent prison escapees.\u2019<\/p>\n

PROSECUTORIAL IMPLICATIONS<\/p>\n

Most \u2018Police Press Releases\u2019 on \u2018Police Killings,\u2019 and the case of \u2018Shanell \u2018Mabz\u2019 Thomas34\u2019 makes the point. In the most graphic of reporting, that clearly has \u2018Prosecutorial Implications\u2019 for \u2018SSU Personnel,\u2019 it factually states; \u2018Police Report: (i) \u2018Shanell Thomas, who escaped from Prison authorities was shot following an encounter with the Police.\u2019 The only word that appeared to have been omitted was the operative word \u2018Dead.\u2019 Seemingly carefully avoided the \u2018dark, dreary and dense vegetation\u2019 where he was reportedly \u2018Shot and Killed,\u2019 the \u2018Police Press Release\u2019 placed him in the \u2018Vicinity of Stables Night Club.\u2019<\/p>\n

SERIOUS CONCERNS – DIVINELY SUBDUED<\/p>\n

In the \u2018Tragic Demise\u2019 of \u2018Shanell \u2018Mabz\u2019 Thomas 34,\u2019 Prison Visiting Committee and Counselor, Bishop Charlesworth Browne,\u2019 had expressed serious concerns over the tactics used by the law enforcement \u2018Special Services Unit (SSU).\u2019 Given the fatal consequences that often follow the term; (a) \u2018Wanted: (b) Armed and Dangerous; (c) Shootout with Police,\u2019 that which appeared to have irked him. Clearly \u2018Divinely Subdued,\u2019 he spoke to; (a) \u2018The \u2018purposeful\u2019 aggression; (b) Its active pursuit; (c) The man hunt; and (d) Apparent poor administrative communications\u2019 to subordinate members of the \u2018Special Services Unit (SSU)\u2019 [Observer: February 22, 2023].<\/p>\n

CONTRADICTORY EVIDENCE<\/p>\n

The \u2018Press Release\u2019 continues; (ii) \u2018The Police identified themselves to him and ordered him to surrender; (iii) Instead he withdrew an object from his waist and advanced towards them; (iv) The Police took defensive action and shot him\u2019 [Observer: February 10, 2022]. Misleadingly, the \u2018Press Release\u2019 concluded; (v) \u2018He was \u2018Transported\u2019 to the \u2018Sir Lester Bird Medical Center\u2019 where he was \u2018Treated and later succumbed to his injuries.\u2019 At a \u2018Coroner\u2019s Inquisition,\u2019 the \u2018Coroner\u2019s Jury\u2019 may hear \u2018Contradictory Evidence.\u2019 They may hear that his mother, \u2018Winifred Thomas\u2019 immediately rushed to the scene to view her son\u2019s \u2018suspected lifeless body.\u2019 Medically, the only evidence the \u2018Coroner\u2019s Jury\u2019 will ever hear, will come from the \u2018Medical officer\u2019 who reportedly pronounced Death in the Police vehicle at the \u2018SLBMC\u2019 [February 9, 2022].<\/p>\n

STRATCOM SINGS<\/p>\n

The Police \u2018Strategic Communications\u2019 Unit (STRATCOM) shall know that Law enforcement officers do not \u2018Shot and Killed,\u2019 then rushed the dead to the hospital for medical treatment. Moreover, \u2018STRATCOM\u2019<\/strong> shall know that when a reported \u2018Mental Defective Andrew Noyce 41,\u2019 was reportedly \u2018Shot Dead\u2019 at the \u2018St. John\u2019s Vegetable Market,\u2019 Police reportedly rushed him to the \u2018Sir Lester Bird Medical Center\u2019 for medical treatment.\u2019 It was reported by the Police that he was \u2018armed with two knives and lunged at them.\u2019 Then with the same refrain, \u2018STRATCOM SINGS;\u2019 \u2018He was shot and subsequently transported to the \u2018SLBMC\u2019 where he succumbed to his injuries\u2019 [Observer News: April 11, 2022]. Incidentally, \u2018Drs. Bertrand O\u2019Mard and Sir Prince Ramsey\u2019 could render him no medical treatment,\u2019 because they too, were dead.<\/p>\n

REMOVAL OF DEAD BODIES<\/p>\n

That which appeared to have been inconsistent with the law, was the removal of dead bodies from the scene where they were either; (i) \u2018Killed; (ii) Disposed of, or purposefully concealed.\u2019 The Law has made it sufficiently clear for \u2018Special Services Units (SSU)\u2019 members and \u2018District Coroners\u2019 to know that; \u2018A body, in respect of which \u2018Notice\u2019 is given, \u2018SHALL\u2019; (a) \u2018Not be removed; or (b) Have its position altered, except so far as is necessary for the safe custody thereof.\u2019 Mindful of \u2018Criminal Liability,\u2019 the provision continues; \u2018Provided that any Medical Practitioner, who has been called in case of \u2018Unnatural Death,\u2019 may where there are \u2018No circumstance of Suspicion,\u2019 may order its removal\u2019 to a named and designated place [CA: Section 5 (3)].<\/p>\n

JUST ONE LOOK \u2013 LAST REQUEST<\/p>\n

The Jury may also hear that before his removal from the scene, his hysteric and frantic mother, was denied several requests and pleadings to get \u2018Just One Look.\u2019<\/strong> They may also hear evidence from; (i) \u2018Bishop Charlesworth Browne and Chairman of the Prison Visiting Committee and Prison Counselor; and (ii) Commissioner of Police, Atlee Rodney QPM.\u2019 The Jury shall hear testimony of the deceased \u2018Shanell \u2018Mabz\u2019 Thomas\u2019; (a) \u2018Last Request; and (b) Confirmed arrangements for his voluntary return to Her Majesty\u2019 Prison.\u2019 Even at \u2018Coroner\u2019s Inquisitions, this ultimately, is the type of evidence, necessary to ensure the administration of justice.<\/p>\n

HOMICIDE<\/p>\n

Those with professional \u2018Law enforcement Training\u2019 know that \u2018Homicide\u2019 may either be; (i) \u2018non-criminal; or (ii) Criminal.\u2019 In the case of \u2018non-Criminal,\u2019 it may either be; (a) \u2018Justifiable; or (b) Excusable.\u2019 These speak to the carrying out of the \u2018Order of the Court\u2019 for \u2018Legal Executions;\u2019 and for \u2018Excusable,\u2019 Criminal Courts recognize it as; (a) Misadventure\u2019 as in the recent case of Movie Producer Alec Baldwin]; and (b) In Self-defence.\u2019 Conversely, those involved acts of criminality, includes; (i) \u2018Murder (Malice aforethought): (ii) Manslaughter (Without Malice).\u2019 They are simply referred to as \u2018Police shot and killed,\u2019 invariably a \u2018criminal suspect.\u2019<\/p>\n

ACCOUNTABILITY – LIABILITY – TRANSPARENCY<\/p>\n

Either of these, however, is not necessarily dependent upon the account given in reports to their superiors, and\/or \u2018Police Press Releases\u2019 disseminated to the media. These, speaks to \u2018Accountability; Liability; and Transparency,\u2019 before; (i) Coroner\u2019s Court and Jury: or (ii) If criminally charged, prosecuted; and a verdict to be considered by a properly directed Jury.\u2019 In the case of then \u2018Police Constable Kevil Nelson\u2019 and the \u2018Tragic Shooting Death\u2019 of Liberta resident, \u2018Denfield \u2018Tody\u2019 Thomas,\u2019 there was no \u2018Coroner\u2019s Inquisition.\u2019 Grievously weak Police administrators saw such \u2018Shooting and Killing\u2019 being wrested from the \u2018District Coroner.\u2019 In the capacity of \u2018Coroner,\u2019 there are statutorily-imposed duties on every \u2018District Coroner.\u2019 They are duty-bound to hold \u2018Coroner\u2019s Inquisitions,\u2019 particularly, into \u2018Police Killings\u2019 and other \u2018Homicides,\u2019 bordering criminal liability.<\/p>\n

CRIMINALLY CHARGED<\/p>\n

Likened to the common criminals, he was hastily and \u2018Criminally Charged.\u2019 He appeared to have been; (a) Fairly tried by a Jury, yet not of his \u2018peers;\u2019 (b) Unanimously convicted; and (c) Legally and harshly incarcerated with an imposed sentence of 22 years\u2019 [Offence: October 24, 2006: Convicted: December 11, 2009]. As fate sometimes has it, a final \u2018London Privy Council Appeal,\u2019 saw the varied sentence, then reduced by \u20182 years by the Eastern Caribbean Supreme Court (ECSC),\u2019 slapped back on against him.<\/p>\n

SUSPICIOUS DEATH<\/p>\n

In the more recent case of \u2018Police Constable Jason Modeste,\u2019 seemingly vexing public and \u2018Environmental Pressure,\u2019 a perfectly legal and procedural option of a \u2018Coroner\u2019s Inquisition,\u2019 also saw him being treated in a like manner. He was accused of the \u2018Unlawful Killing\u2019 of Falmouth resident \u2018Bruce Greenaway.\u2019 Then denying the quartet accused the opportunity to have the clearly \u2018Suspicious Death\u2019 looked into by a \u2018Coroner\u2019s Inquisition,\u2019 the four accused were slapped with the charge of \u2018Murder\u2019 [April 13, 2020]. Their joint-trial with three military personnel for murder is currently underway.<\/p>\n

SERVE AND PROTECT<\/p>\n

Irrespective of the change of these \u2018Special Services Units (SSU),\u2019 names, the connotations, appeared far removed from the concepts \u2018Serve and Protect.\u2019<\/strong> That which Police authorities appeared reckless not to have recognized or understood, was that merely changing the name of an organization, does not necessarily change the cultural landscape or institutionalized mindset. Conversely, it does change the hostile attitude and aggressive behavior of its members.\u2019 Not infrequently \u2018Unit Members\u2019 were seen to have exhibited behaviors associated with grievous acts of brutality.<\/p>\n

IDEALISM – FUNCTIONAL REALITY<\/p>\n

Respecting \u2018Police Shootings and Killings,\u2019 it has been suggested that; \u2018Comprehensive autopsies to establish \u2018Cause of Death\u2019 are vital to ascertain whether a person was killed as a result of the justifiable use of lethal force.\u2019\u00a0 The \u2018Human Rights Organization-Amnesty International\u2019 believes that; \u2018A Police Service that is closer to the community, is less likely to commit human rights violations.\u2019<\/p>\n

PROPENSITY FOR VIOLLENCE<\/p>\n

In some Law enforcement operations, some courses of action were well known to have resulted in tragedy, grief, sorrow and funerals. Thus, \u2018Police Services\u2019 with \u2018Special Units\u2019 with a \u2018Propensity for Violence,\u2019 using \u2018Metal Jacketed-Bullets and Rubber Bullets,\u2019 makes such virtually impossible. Whether or not in other regional jurisdictions or in this jurisdiction, this speaks more to \u2018Idealism,\u2019 than of functional reality. This organization further expressed the view that when law enforcers acted outside the realm of law, \u2018the Police lose their moral authority\u2019 to enforce criminal law. [AI: Index: 38\/005\/2003].<\/p>\n

MAGISTERIALLY-ISSUED WARRANTS<\/p>\n

When law enforcement entered the Carlisle apartment then occupied by Dominican national, \u2018Kurt \u2018Shabba\u2019 James,\u2019 little did he know that would have been his last day. Law enforcement personnel spoke to a \u2018Shootout\u2019 that have raised questions even among their colleagues. Except for the use of \u2018Smart Guns\u2019 and \u2018Laser-guided Bullets,\u2019 it boggled their minds as to how the deceased could have been peppered with bullets by those on the outside of his apartment. Even with reported \u2018Shootouts,\u2019 the records appeared not to have reveal injuries sustained by any of the operations personnel.<\/p>\n

SHOT DEAD – SHOT DOWN<\/p>\n

In the case of \u2018Kurt \u2018Shabba\u2019 James,\u2019 reportedly \u2018Shot Dead\u2019 inside his apartment, yet a questionable \u2018Police Press Release\u2019 claimed that there was a \u2018Shoot out\u2019 at his apartment [DNO: January 3, 2016]. Though assurances have been given of \u2018Investigations,\u2019 these too, appeared also to have been \u2018Shot Down\u2019 by \u2018Police authorities.\u2019 That which could be troubling, may very well be a \u2018Magisterially-issued Warrants\u2019 to Enter and Search or Arrest.\u2019 There will most certainly, be none to \u2018Shoot and Kill.\u2019<\/p>\n

ASSESSMENT AND DETERMINATION<\/p>\n

From professional knowledge and administrative experience, when there was \u2018Tragic Loss of Life,\u2019 such investigation speaks to inter alia; \u2018Ascertaining whether or not the operation was properly authorized. They allow for \u2018Assessment; Determination; and where necessary, Initiate corrective actions for effective command and control. These are looked at from the perspective of; (a) \u2018Debriefing; (b) Authorization; (c) Designated senior operations commander; (d) Number of Personnel: (e) Type of weaponry and caliber of firearms and ammunition issued to individual personnel; (f) Necessity and justification of use; (g) Security of firearms so used; (h) Recovered \u2018Spent Shells for \u2018Ballistic analyses; and most of all; (i) Accountability and transparency.\u2019<\/p>\n

ADMINISTRATIVELY\/OPERATIONALLY<\/p>\n

That which remains \u2018Administratively and Operationally\u2019 troubling, appears to have been an inability to complete investigations and submit properly prepared \u2018Coroner\u2019s Files\u2019 for the conduct of \u2018Coroner\u2019s Inquisitions.\u2019 Instructively, over five years later, there appears to have been two fundamental neglects. These affects; (i) \u2018The usual \u2018Investigation.\u2019 As the \u2018Top-Ranking officer\u2019 reportedly told the news portal [Observer News]; and (ii) Allowing for the holding of \u2018Coroner\u2019s Inquisitions.\u2019<\/p>\n

TWO DAYS – TWO NIGHTS<\/p>\n

The prisoner, while then engaged in farming at the rural \u2018Diamond-located Prison Farm\u2019 under the supervisory control of two \u2018Prison officers,\u2019 institutionalized resident, \u2018Shanell \u201cMabz\u2019 Thomas\u2019 reportedly seized the opportunity to escape. Likened to a \u2018Cat on a hot tin roof,\u2019 stealthily, he wended his way through the thick vegetation, He regained his liberty, and was on the run for only \u2018Two days and Two Nights,\u2019 such liberty was short-lived.<\/p>\n

CALL OF NATURE<\/p>\n

When tragedy struck, his mother \u2018Winifred Thomas\u2019 appeared not to have been the only person to have spoken to him. An apparent treacherous friend and informant whose cellular phone he had reportedly used to communicate to her from the bushes, may have been the last to have seen him alive and well. With no accessibility to a modern amenity or portable facility, the nearby dense vegetation provides for; (i) \u2018A \u2018Call to Nature; and (ii) Opportunity to regain judicially-restrained liberty.\u2019<\/p>\n

HAIL OF BULLETS<\/p>\n

Residents of the \u2018Cassada Garden\u2019 community, may have heard a \u2018Volley of Gunshots\u2019 that then rang out in the bushes under cover of darkness. When it subsided braving a visit to the area from where he communicated and gunned-down immediate vicinity of their homes [February 9, 2022]. This reportedly came as a result of a \u2018Deadly Manhunt Operation\u2019 conducted by a team of the \u2018Special Services Unit (SSU).\u2019 Then incarcerated at \u2018His Majesty\u2019s Prison (HMP),\u2019 the \u2018Prison-Farm Escapee\u2019s life was reportedly snuffed out cold-bloodedly in a \u2018Hail of Bullets.\u2019<\/p>\n

WILL TO LIVE<\/p>\n

These were reportedly discharged from the smoking guns of the rapidly-gaining notoriety of the \u2018Special Services Unit (SSU)\u2019 [ANR: February 9, 2022]. Reportedly, having narrowly escaping a hail of \u2018Police\u2019 bullets, the previous night, the Deceased Prisoner,\u2019 seemingly had a \u2018Will to Live.\u2019 He wanted to return to \u2018Legal Confinement.\u2019 On the following night, as fate sometimes has it, before he could have said, \u2018Good Night Mama,\u2019<\/strong> another \u2018Hail of Bullets,\u2019 reportedly from an identified member of the \u2018Special Services Unit (SSU), saw his life being instantaneously snuffed out\u2019 [February 9, 2022].<\/p>\n

THWARTED BURIAL – SINISTER ATTEMPT<\/strong><\/p>\n

Disheartened, depressed, disturbed and dejected, yet still in touch with reality, a \u2018Call of Despair\u2019 by mother, Winifred Thomas,\u2019 saw the timely \u2018Divine Intervention.\u2019 This came through \u2018Prison Visiting Committee Chairman and Prison Counselor, Bishop Charlesworth Browne.\u2019 Positioning himself and observing every procedural step, he successfully; (a) \u2018Averted misinformation being documented to the \u2018Registry of Births and Deaths.\u2019 Consequent upon an apparent observable \u2018Sinister Attempt\u2019 to have the deceased \u2018Shanell Thomas\u2019 \u2018Police Shooting Death\u2019 registered as a \u2018COVID Death,\u2019 he \u2018Thwarted\u2019 the deceased prisoner\u2019s \u2018Burial.\u2019 This was when he instrumentally and persuasively succeeded in causing an autopsy to be performed on \u2018prison-escapee\u2019s bullet-riddled body.\u2019<\/p>\n

LEGALCONFINEMENT<\/p>\n

Though he was then in \u2018Legal Confinement\u2019 for inter alia offences \u2018Kidnapping,\u2019 the deceased resident had not in actuality broke out of the prison facility.\u2019 Privilege information revealed that whether in actuality or feigning a \u2018Subterfuge,\u2019 the prisoner sought and obtained permission to respond to a \u2018Call by Nature.\u2019 Then he reportedly escaped through dense vegetation. Long funeralized, his distraught mother, \u2018Winifred Thomas\u2019 not only continues to mourn his tragic loss, but also to seek answers. Even as the Law so dictates, she remains deeply perturbed that no \u2018Coroner\u2019s Inquisition\u2019 has been held to ascertain the circumstances surrounding his Tragic Death\u2019 [Section 10: Coroner\u2019s Act: Chapter 105].<\/p>\n

MAGISTRATES AND CORONERS<\/p>\n

None may deny the critical role of \u2018Law enforcement.\u2019 None may also deny that their task is only to ensure \u2018Social Control\u2019 among the citizenry,\u2019 but also the enforcement of criminal law to ensure their safety, protection and security. As it relates to the \u2018Magistracy,\u2019 its role and functions are supplemental. They are as critical to civil behavior, as they are to public order and the \u2018Rule of Law.\u2019 Those functioning as \u2018Magistrates and Coroners\u2019 appeared seriously constrained in holding and completing \u2018Coroner\u2019s Inquisitions.\u2019 Thus, bringing closure to the innumerable incidents in which lives were tragically loss to the \u2018Smoking Guns\u2019 of Law enforcement, seems a long way off.<\/p>\n

CORONER\u2019S INQUISITIONS<\/p>\n

Not only the \u2018Coroner\u2019 may deny having been formally submitted a copy of the \u2018Completed File,\u2019 but also the deceased prisoner\u2019s mother, \u2018Winifred Thomas,\u2019 may also inform that the investigator has yet to record a \u2018Statement\u2019 from her. It would be considered vulgar to say the investigation into this, and other \u2018Tragic Police Shootings\u2019 completed. That which those starved for procedural knowledge shall inform themselves, is that \u2018Coroner\u2019s Inquisitions\u2019 are not held at \u2018Funeral Homes; Parlors or Mortuaries or Morgues.\u2019 Such are held only in a \u2018Court Setting.\u2019 Thus, \u2018Inquisitions\u2019 are held only in a Court room within the \u2018Magistracy.\u2019 There is a \u20185-member Coroner\u2019s Jury.\u2019<\/p>\n

INQUEST WITHOUT REPORT<\/p>\n

Legislators anticipated that some \u2018Medical or Pathologists Reports\u2019 might delay proceedings, they further inserted this provision that states; \u2018Whether the District Medical officer does, or does not make a \u2018Report\u2019 thereon,\u2019 such \u2018Inquisition\u2019 shall still be held\u2019 [Section 10: Coroner\u2019s Act: Chapter 105]. Such shall eliminate the myth that a \u2018Coroner\u2019s Inquisition\u2019 may not be held without a \u2018Pathologist Report,\u2019 regarding \u2018Cause of Death,\u2019<\/strong> may have been due to misunderstanding of the statutory provisions of Law. That which may bring further enlightenment is the provision that states; \u2018A Coroner, where there is in his District the body of any person who died; (i) \u2018In any Prison or as to whose death an Inquest is prescribed; and shall (ii) \u2018Hold an Inquest\u2019 as to the cause and circumstances of such death.\u2019<\/p>\n

MEDICAL EVIDENCE<\/p>\n

Notwithstanding, non-adversarial witnesses are called to testify on that which was within their personal knowledge. The Jury will hear no evidence from any \u2018On Duty\/Call Medical Practitioner\u2019 that has rendered or administered medical attention to save his life. Neither will there be evidence of any \u2018Emergency Surgical Procedures\u2019 conducted on his reported bullet-riddled lifeless body. Given the conduct of a \u2018Post Mortem or Autopsy,\u2019 they will not only hear of the \u2018Cause of Death\u2019 from \u2018Pathologist, Dr. Petra Miller-Nanton,\u2019 but also the number and bodily-positions and nature of the bullet injuries reportedly sustained.<\/p>\n

BENEFIT OF KNOWLEDGE<\/p>\n

Counsels and Solicitors shall know that \u2018Right of Appearance\u2019 are statute-barred. For the \u2018Benefit of Knowledge,\u2019 the law states; \u2018No Counsel or Solicitor shall be entitled as of right to appear in any proceedings before a \u2018Coroner\u2019s Court.\u2019 However, \u2018The Coroner may, if he\/she shall think fit, on application, permit such appearance\u2019 [Section 24: Coroner\u2019s Act: Chapter 105]. Since \u2018Coroner\u2019s Inquisitions\u2019 are not criminal trials or litigious proceedings, there are no accused or defendants. Still, Lawyers might be discretionarily permitted to sit in on \u2018Watching Brief.\u2019 They shall have no participatory role in the proceedings.<\/p>\n

FACTS \u2013 KNOWLEDGE – EXAMINATION<\/p>\n

That which shall be further known is this; \u2018The Coroner shall, at the first sitting of the Inquest; (i) \u2018Examine on Oath touching the death, all persons who tender their evidence respecting the facts; and (ii) He\/she shall, if considered expedient, examine all persons having knowledge of the facts\u2019 [CA: Section 25]. If only for academic interest, the formalities included; (a) \u2018Summoning a 5-member Coroner\u2019s Jury: (b) Visiting with the Coroner and viewing the body at Barnes Funeral Parlor; (c) Giving final instructions; advise of subsequent notification by the Police of the date for the holding of the \u2018Coroner\u2019s Inquest.\u2019 Both \u2018Coroner and Jury then depart.<\/p>\n

FORMALITIES<\/p>\n

The most important of these \u2018Formalities\u2019 are; (d) \u2018Conduct and completion of the \u2018Postmortem Examination\u2019 by a \u2018Pathologist.\u2019 This is the \u2018Expert\u2019 that determines \u2018Cause of Death.\u2019 In the instant case, the engaged \u2018Government Pathologist\u2019 was identified as \u2018Dr. Petra Miller-Nanton.\u2019 Most of the \u2018District Coroners\u2019 may refute suggestions that they were the ones delaying the proceedings. That which shall be understood, is that no proceedings shall commence without the submission of a \u2018Completed File\u2019 to the \u2018Coroner. Such submission positions the \u2018District Coroner\u2019 to give; (i) \u2018Directions to Police authorities; (ii) Instructions to Coroner\u2019s Juries; and (iii) Finalizing a \u2018Fixture\u2019 for the commencement of the proceedings.\u2019<\/p>\n

DISADVANTAGES OF DELAY<\/p>\n

Except for; (a) \u2018Completion of investigation; and (b) Fixture given for holding the \u2018Coroner\u2019s Inquisition,\u2019 all other formalities were reported to have been completed. Clearly, by the time these \u2018Files\u2019 are submitted, investigators may encounter difficulties reaching the witnesses. Such has always been among the \u2018Disadvantages of Delay.\u2019 Apparent lack of procedural knowledge may have confused even those responsible for investigating and martialing the facts on the \u2018Police Killings.\u2019 That which the apparent misguided law enforcers have regarded as the commencement of a \u2018Coroner\u2019s Inquisition,\u2019 and have led media practitioners to so believe, were merely the \u2018Formalities.\u2019<\/p>\n

LIABILITY OF CORONER<\/p>\n

The Legislators knew that some deaths might provoke \u2018Suspicions\u2019 and sought to ensure that \u2018Coroner\u2019s Inquisitions\u2019 were held. The \u2018Mischief\u2019 seemingly aimed by Parliament, was that whenever \u2018Unnatural Deaths\u2019 occurred, they shall be \u2018Purposefully\u2019 inquired into, and with \u2018Expedition.\u2019 Conscious of human nature and fallibility, the \u2018Act\u2019 contains a penal position for \u2018Coroner\u2019s to be constantly circumspect. The provision unambiguously states; \u2018A Coroner who is guilty of: (a) \u2018Extortion; or (b) Corruption; or (c) Willful neglect of duty; or (d) Misbehavior in the discharge of his\/her duty\u2019 shall be held; (i) Guilty of a Misdemeanor; and (ii) Shall be liable to a fine not exceeding five thousand dollars\u2019 [Coroner\u2019s Act: Chapter 105: Section 4].<\/p>\n

FAMILY – TRAFFIC – CORONER<\/p>\n

None may deny the importance of \u2018The Magistracy\u2019 to behavior that speaks not only to civility, but also to good and an orderly society. Most importantly, none shall disregard its primary purpose and the function of those so appointed to administrate and dispense justice. Given the current state of affairs, likened to the newly established \u2018Family and Traffic Courts,\u2019 there shall be little doubt that the time has come for a \u2018Fully Functioning Coroner\u2019s Court.\u2019 Given the functions of those within the \u2018Magistracy\u2019 with; (a) \u2018Summary; (b) Civil; and (c) Criminal jurisdictions, time constraint has not only made the dual-function \u2018Magistrate\/Coroner\u2019 tasks tedious and arduous, but also mentally stressful.<\/p>\n

OVERWHELMED AND OVERSTRETCHED<\/p>\n

As far as \u2018Coroner\u2019s Inquisitions,\u2019 are concerned, those appointed to the \u2018Magistracy\u2019 appeared both \u2018Overwhelmed; Overstretched; and Overworked.\u2019 For instance, those that are multi-tasked with; (i) \u2018Adjudicating criminal trials; (ii) Hearing civil or litigious hearings; or (iii) Conducting Committal proceedings; or (iv) Licensing Magistrates\u2019 function as \u2018Magistrates.\u2019 When tragic death occurs, as in \u2018Tragic Incidents\u2019 of; (a) \u2018Police killings; (b) Drowning; (c) Hanging; (d) Fire; or (e) Traffic accidents,\u2019 they are statutorily required to act in the capacity of \u2018Coroner.\u2019 None may deny that such multi-tasking not only requires, inter alia; (i) \u2018Professional knowledge and competence; but also (ii) Adequacy of time\u2019 to conduct \u2018Coroner\u2019s Inquisitions.\u2019<\/p>\n

CONCLUSION<\/p>\n

Not only were Law enforcement personnel appeared in desperate need of professional training, guidance and leadership, but also a \u2018Change of Narrative\u2019 to appear relevant, current and useful. Then there were the \u2018Police Excesses\u2019 of violence. Clearly not supported by any legal authority, as it pertains to \u2018Criminal Jurisdiction,\u2019 a small, but overzealous minority, appeared to have ventured outside the \u2018Realm of Law.\u2019 Respecting their \u2018Magisterial\u2019 functions and role as \u2018District Coroners,\u2019 those so appointed will have seen their \u2018Cups\u2019 grew fuller of \u2018Woes and Sorrows\u2019 than of \u2018Wines and Roses.\u2019 Even with their \u2018Magisterial\u2019 competence, they will have been made to appear impotent and non-functional. Among their difficulties, however, is that which speaks to \u2018Inadequacy of Time.\u2019 This appeared to have gravely militated against the completion and closure to the several \u2018Questionable Police Killings,\u2019 as well as other deaths that demand expedition of \u2018Coroner\u2019s Inquisitions.\u2019 \u00a0***<\/p>\n

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

Rawlston Pompey It is sometimes \u2018Intriguing; Sometimes Amusing; and Sometimes Befuddling to the mind, how Law enforcement project themselves, and by extension the reputation of the \u2018Police Services.\u2019 As it relates to their role and functions, some law enforcers delight in making self-serving and self-gratification statements. That which shall be known, is that today\u2019s enlightened […]<\/p>\n","protected":false},"author":3,"featured_media":152897,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-173155","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nNo Murder - No Crime \u2013 Sankey Of The Environment - 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\/no-murder-no-crime-sankey-of-the-environment\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"No Murder - No Crime \u2013 Sankey Of The Environment\" \/>\n<meta property=\"og:description\" content=\"Rawlston Pompey It is sometimes \u2018Intriguing; Sometimes Amusing; and Sometimes Befuddling to the mind, how Law enforcement project themselves, and by extension the reputation of the \u2018Police Services.\u2019 As it relates to their role and functions, some law enforcers delight in making self-serving and self-gratification statements. 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