{"id":192414,"date":"2023-12-18T07:13:32","date_gmt":"2023-12-18T11:13:32","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=192414"},"modified":"2023-12-18T07:13:32","modified_gmt":"2023-12-18T11:13:32","slug":"commentary-donette-simon-and-shenel-williams-victims-of-perjury-and-inefficiency","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-donette-simon-and-shenel-williams-victims-of-perjury-and-inefficiency\/","title":{"rendered":"COMMENTARY: Donette Simon And Shenel Williams Victims Of Perjury And Inefficiency"},"content":{"rendered":"
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RAWLSTON POMPEY<\/p>

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Consciously, unsuspectingly or innocently, it is incumbent upon \u2018District Magistrates\u2019 not to be facilitators of \u2018Perjury,\u2019 through unsuspected roguish and corrupt behavior in law enforcers. Such, however, is avoidable, only when \u2018Warrant -issuing Magistrates\u2019 become more circumspect. Specific to the issuance of \u2018Warrants to Search\u2019 premises, they may wish to pay more attention to details and that issuance, shall pass the \u2018Litmus Test of reputational credibility, probability and veracity.\u2019<\/p>\n

LETTER AND SPIRIT OF LAW<\/p>

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Half of the citizens troubles and half of Police difficulties, could be attributed to the State agents and citizens that seems not to have familiarity with this \u2018Principle.\u2019 Invariably, when the \u2018Attitudes and Actions\u2019 of law enforcers were seen or perceived to have been\u00a0 influenced by the environment, this appeared evident in courses of action. Some have constantly showed lack of sensitivity.\u2019 The rigid enforcement of the Law, often reflects the \u2018Letter of Law.\u2019 This was in contrast to tempering their actions with discretion that shall reflect the \u2018Spirit of Law.\u2019<\/p>

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BENEFIT OF KNOWLEDGE<\/p>\n

That, which this category officers care not to know is the \u2018Founding Constitutional Principle (FCP)\u2019 that speaks to the \u2018Law.\u2019 For the benefit of knowledge, that principle states; \u2018Whereas the people of Antigua and Barbuda recognizes that the Law; (a) \u2018Symbolizes the public conscience; (b) That every citizen owes to it an undivided allegiance; (c) It shall not to be limited to any private views of justice or expediency; and (d) The State is subject to the Law\u2019 [FCP: \u2018D\u2019].<\/p>

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UNLAWFUL ARREST<\/p>\n

In criminal prosecutions under the \u2018Public Order Act,\u2019 these constitute \u2018Prima Facie Evidence.\u2019 The prosecution of the two Defendants, \u2018Donette Simon and Shenel Williams\u2019 reportedly emanated from \u2018Police\u2019 allegations and evidence.\u2019 For the defendants, \u2018Donette Simon and Shenel Williams,\u2019 it all started with the apparent \u2018Unlawful Arrest\u2019 by \u2018an Arresting officer\u2019 who was reportedly; (a) \u2018Never \u2018On-Scene; (b) Had not witnessed that which may have transpired; (c) Could not have been of evidential value to the Prosecution; nor (d) Of assistance to Court.\u2019<\/p>

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PERSPECTIVE<\/p>

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This may have been evident at Lower Market Street, in the vicinity of the \u2018Sir Vere Cornwall Bird Bust\u2019 on \u2018Teargas and Rubber Bullets Sunday\u2019 [August 8, 2021]. That was the \u2018Smoky Sunday.\u2019 It has been the unfolding events that this commentary, now reflects upon. It speaks to the discharge of teargas and rubber bullets upon that which was claimed to have been a \u2018Peaceful Protestation\u2019 by man, woman and child. It looks at (a) \u2018The \u2018Public Order Act; (b) Ensuing, suggestive; (a) \u2018Discriminatory arrests of only two females Donette Simon and Shenel Williams\u2019 reasonably suspected \u2018Selected\u2019 criminal prosecutions.\u2019<\/p>\n

PROCEDURES AND RESTRICTIONS<\/p>\n

The nation of \u2018Antigua and Barbuda,\u2019 founded, and administrated upon the \u201cPrinciples of Democracy\u2019 makes it no exception for the citizenry to express dissent or exhibit dissatisfaction with governance. The \u2018Lasses\u2019 were neither an organized group, nor an organization of militancy. They have done what obtains in most civil societies. Inspired to move at what may have been considered a \u2018Noble Cause,\u2019 they chose to challenge \u2018Health\u2019 authorities on the \u2018Corona Virus-19 Vaccine Mandate.\u2019<\/p>\n

LASSES OF SOCIAL ACTIVISM<\/p>\n

Seen as the \u2018Lasses of Social Activism,\u2019 two females, \u2018Donette Simon and Shenel Williams,\u2019 had found themselves defending their \u2018Freedoms and Liberties.\u2019 Called the \u2018Freedom Fighters of Antigua and Barbuda (FFAB),\u2019 they became the \u2018Female Atlases.\u2019 They had not taken on the universe, but of\u00a0 the small space within its vast expanse of land. They took on, and carried upon their shoulders the heart-filled and burdensome grievances of those opposing to be Vaccinated.\u2019<\/p>\n

COMMONALITY OF INTERESTS<\/p>\n

Moved by \u2018Commonality of Interests,\u2019 the \u2018Defendants\u2019 influentially caused others to wend their way to, and converged upon the \u2018Sir Cornwall Bird Bust.\u2019 Such was said to have been for a protestation against the \u2018Mandatory-made Vaccine Regime.\u2019 Such mandate required civil servants working at, and other citizens wishing to access services at offices conducting public administration. Likened to many other citizens, both believed that their freedom to choose or not to choose had been seriously curtailed. There were legal \u2018Statutory Instruments\u2019 that contained both \u2018Procedures and Restrictions.\u2019<\/p>\n

RISKING LIBERTIES<\/p>\n

Though they were not \u2018Civil Servants,\u2019 they knew that they were \u2018Risking their Liberties\u2019 for \u2018Public Service Employees.\u2019 They were not only restricted, but also criminalized.\u2019 They were restricted to set even one foot upon the premises of their workplaces, unvaccinated. In an attempt to force submission, \u2018Health\u2019 authorities stipulated; \u2018An employee who is required by these regulations to remain at home, commits an offence if; (a) \u2018He\/she attends the workplace in breach of these regulations\u2019 [SI: No. 85 of 2021].<\/p>\n

CRIMINAL LIBILITY<\/p>\n

The \u2018Interpretation Act (IA),\u2019 makes it clear that; \u2018Whenever in any law a penalty is provided for an offence against that Law, such provision shall, unless the contrary intention appears, be construed as fixing the maximum penalty for that offence\u2019 [IA:\u00a0 Chapter 224: Section 48]. The \u2018COVID-19 Regulations\u2019 provided a \u2018Fixed Penalty. It states; \u2018After an employee being requested to leave the premises, fails or refuses, he\/she commits an offence. There can be no offence without consequence.<\/p>\n

LEGAL DURESS<\/p>\n

The penalty then to be imposed was; \u2018EC$ 500. 00.\u2019 In default of payment, to be imprisoned up to one month\u2019 [OG: 67: SI: No. 85\u00a0 of 2021]. Employees placed under rigid restrictions and \u2018Legal Duress,\u2019 became distraught, In the wider society, their grievances and concerns were similar. Law enforcers had made enforcement both \u2018Indiscreetly rigid and mercilessly brutal. Not infrequently, they had shown that they were starved for \u2018Reason and Conscience. Invariably, a small minority has shown that \u2018Crab has eaten their consciences.\u2019<\/p>\n

TREMENDOUS CHALLENGES<\/p>\n

The framers of the \u2018Constitution Order\u2019 knew that some citizens will be \u2018non-conforming; non-compliant; and disobedient.\u2019 Left to the citizenry themselves. Thus, as far as the protection of these \u2018Freedoms\u2019 were concerned, these were likely to pose tremendous challenges to all a sundry. For instance, those that shall have full enjoyment may encounter difficulties, as well as those with responsibility for \u2018Public Safety and Public Order.\u2019<\/p>\n

PROTECTIVE PROVISIONS<\/p>\n

Consequently, they inserted this provision; \u2018Nothing contained in, or done under the authority of any law shall be held to be inconsistent with, or in contravention of this Section to the extent that the law makes provisions. Most prudently, these \u2018Protective Provisions\u2019 were then inserted to be in the interest of; (i) \u2018Defence; (a) Public order; (b) Public morality; or (c) Public health; (ii) for the purpose of protecting the rights and freedoms of other persons.\u2019<\/p>\n

DEMOCRATIC SOCIETY<\/p>\n

That which some people appeared not to have properly grasp, has been this insertion: \u2018Except that provision, or as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a \u2018Democratic Society\u2019 [CO: 1981: Section 13 (2) (b)]. Parliament had long anticipated that there will be dissatisfied citizens. They anticipated that unhappy with public administration, some citizens might be compelled to mobilize others into protestations.<\/p>\n

PUBLIC MEETINGS – PUBLIC MARCHES<\/p>\n

The Parliament also anticipated that members of the society might be compelled to; (a) \u2018Call together Public Meetings; and (b) Organize Public Marches.\u2019 Such might be said for the purposes of showing disapproval of that which might be experienced financial miseries. Some might be for reasons of rising crimes and ineffective policing. These will have been seen as having negative impact on their safety and protection and generally the quality of life.<\/p>\n

FUNDAMENTAL RIGHTS<\/p>\n

Mindful of that which negatively impact, inter alia; (i) \u2018\u2026Social Justice: (ii) Freedom of Speech; (iii) Association; and (iii) Freedom of Assembly,\u2019 The citizens know of certain; (a) \u2018Fundamental Rights; (b) Freedoms; and (c) Liberties,\u2019 enshrined and guaranteed by the \u2018Constitution Order\u2019 for every individual [CO: No.1106: 1981]. These are not only to be protected, but also respected by; (i) \u2018Every citizen; (ii) Public administrators; and (iii) State agencies.\u2019<\/p>\n

CONSTITUTIONAL PROVISION<\/p>\n

One such \u2018Freedom\u2019 is that of \u2018Assembly.\u2019 The \u2018Constitutional Provision\u2019 states; \u2018Except with his own consent, no person shall be hindered in the enjoyment of; (a) \u2018His freedom of peaceful assembly and association; and (b) Providing clarity of understanding, that is to say;\u00a0 (i) \u2018His\/her right peacefully to assemble freely; and (ii) Associate with other persons for the promotion and protection of his\/her interests\u2019 [CO: 1981: Section 13 (1)].<\/p>\n

PUBLIC JUSTICE<\/p>\n

There appears to be little justice for the common and indigent citizens. Their only crime has been chronic poverty. People positioned to enforce criminal law, as well as those charged with responsibility for the administration and dispensation of \u2018Public Justice,\u2019 shall have some familiarity of the \u2018Interpretations of Law,\u2019 above and beyond that of lay persons. For equally as much it has been said of the citizenry that; \u2018Ignorance of the Law is no excuse,\u2019 so too, it shall be said of law enforcers, Police Court Prosecutors and Adjudicators.\u2019<\/p>\n

MEETINGS AND MARCHES<\/p>\n

Respecting; (i) \u2018Organizing: (ii) Leading: or Taking Part\u2019 in unauthorized-Meetings and Marches; and \u00a0(iii) Dispersing persons participating in such activities, the law provides for the \u2018Knowledge\u2019 of the Barbudan \u2018Land Turtles.\u2019 These turtles shall know that they shall not \u2018March\u2019 from \u2018Two-Foot Bay to Codrington,\u2019 lest they fall into cooking pots.<\/p>\n

APPLICATION TO CITIZENS<\/p>\n

In any enactment, that may impact these, \u2018Adjudicators\u2019 are duty-bound to look at the \u2018Mischief Aimed by Parliament.\u2019 The \u2018Public Order Act,\u2019 might just be one such enactment. The \u2018Public Order Act\u2019 in its \u2018Application to the Citizens,\u2019 the law states; \u2018Any member of the Police Force not below the rank of a Corporal may, in relation to any \u2018Meeting\u2019 being held in contravention contained in the law, \u00a0shall act appropriately.<\/p>\n

PHYSICAL PRESENCE<\/p>\n

From professional knowledge and practical experience, the law requires the \u2018Physical Presence\u2019 of a Police officer not below the \u2018Rank of Corporal\u2019 to take appropriate action, if necessary.\u00a0 For clarity of understanding,\u2019 those likely to make; (a) \u2018Enforcement blunders; and (b) Travesties of Justice,\u2019 \u00a0are usually those with little, or no familiarity and\/or working knowledge of the provisions contained in the \u2018Public Order Act (POA)\u2019 [POA: Chapter 357]. These are usually; (i) \u2018Law enforcers; and (ii) Adjudicators.\u2019<\/p>\n

IMPOSED DUTY TO DISPERSE<\/p>\n

Given these assertions, \u2018Adjudicators\u2019 shall be mindful of this, as it constitutes the \u2018Imposed Statutory Duty\u2019 upon law enforcers of, and above the rank of Corporal.\u2019 Such ranks include that of: (i) \u2018Corporal to the Commissioner of Police.\u2019 In the instant case among the ranks reportedly present were; (a) \u2018Three Assistant Superintendents.\u2019 These are personnel expected to appear, if any, instituted criminal proceedings against person viewed committing breaches against the \u2018Public Order Act.\u2019<\/p>\n

POLICY AND PRACTICE<\/p>\n

As a matter of administrative \u2018Policy and Practice,\u2019 the \u2018On-Scene- Commanders\u2019 are placed into the hands of a responsible \u2018Gazetted Police officer.\u2019 These are the ones known for their leadership capacity. He\/she is, knowledgeable, competent and firm and decisive, yet rational in his\/her actions.\u2019 Though not necessarily angrily, confusion reigned in the \u2018Mind of the Nation.\u2019 Such came as a result of an apparent \u2018Questionable Conviction.\u2019 Research has revealed that the \u2018Police Tactical Unit (PTU),\u2019 then under the \u2018On-Scene Command and control of an Assistant Superintendent of Police<\/p>\n

ASSEMBLED AT \u2018PAPA\u2019S BUST\u2019<\/p>\n

Either misunderstanding or unlawful enforcement of law; or misinterpretation of\u00a0 provisions contained in the \u2018Public Order Act.\u2019 At the center of these, had been two females; (i) \u2018Donette Simon and Shenel Williams: (ii) The Police; and (iii) The Magistracy.\u2019 Then reportedly being \u2018Assembled at the Bust\u2019 of National Hero, Sir Cornwall Bird,\u2019 the \u2018Police Tactical Unit\u2019 gave the would-be protestors no time to\u00a0 march one foot away from the \u2018Market Square\u2019 [August 8, 2021].<\/p>\n

SINGLED-OUT DEFENDANTS<\/p>\n

When the two lasses recently appeared before \u2018His Worship, Magistrate Conliffe Clarke,\u2019 seemingly as \u2018Singled-out Defendants,\u2019 the Court appeared not to have made such an observation. They had been charged, not with a crime, but with several Summary \u2018Offences Against Lawful Authority.\u2019 The offences were those criminally classified as: (i) \u2018Organizing; and (ii) Taking Part in an Unauthorized Public March.\u2019 Law enforcers, ensuring that one of the charges won the \u2018Court\u2019s\u2019 Consideration,\u2019 reportedly dropped a third charge on the duo.<\/p>\n

MINDBOGGLING CONVICTION<\/p>\n

The apparent brutal approach by the \u2018PTU,\u2019 had provoked angry reactions by every freedom and peace-loving and law-abiding citizen. That which had triggered public discussions, was when it was reported that the Defendants were not convicted for; (i) \u2018Organizing; or (ii) Taking Part\u2019 in an unauthorized \u2018Public March; but \u2018Mindbogglingly,\u2019 for \u2018Unlawfully \u2018Taking Part\u2019 in a \u2018Public Meeting\u2019 [August 8, 2021]. These offences fall under the notorious \u20181972 Public Order Act\u2019 [POA: Chapter 357].<\/p>\n

SELF-CORROBORATION<\/p>\n

Incidentally, at trial, that which appeared to have captured and captivated magisterial attention, had been evidence of an unauthorized \u2018Public Meeting\u2019 in which the Defendants allegedly took part. However, safe or unsafe, or \u2018Justice or Travesty,\u2019 by the time evidence was taken from two senior Police officers and a subordinate Police officer, that reported \u2018Corroborated\u2019 only themselves,\u2019 the Defendants were \u2018Found Guilty.\u2019<\/p>\n

LOGICALLY AND EVIDENTIALLY<\/p>\n

Respecting the \u2018Conviction,\u2019 the questions that may be \u2018Logically and Evidentially\u2019\u00a0 posed are; (i) \u2018What may have prompted the Unit\u2019 to go into \u2018Tactical Action; (ii) What informed the decision to disperse the people assembled with teargas and rubber bullets? (iii) Who or what may have impressed the Court\u2019s mind, with \u2018Evidence of Fact? and (iv) Was public order or Public Safety under threat? And (v) What may have informed the decision to convict the Defendants?\u2019<\/p>\n

INTERPRETATION<\/p>\n

As it a \u2018Public Meeting,\u2019 the \u2018Interpretation,\u2019 states; \u2018Meeting means; (a) \u2018Any assembly; or (b) Gathering of persons for the purpose of the transaction of matters of public interest; or (b) For the discussion of such matters; or (c) For the purpose of the expression of views on such matters\u2019 [POA: Chapter 357: Section 2]. In the case that had been the subject of criminal prosecutions and convictions, the Court may have heard evidence that hundreds of people were in attendance.<\/p>\n

COURT PROSECUTORS<\/p>\n

Parliament was very clear that should citizens be prosecuted and convicted for \u2018Taking Part\u2019 in an Unauthorized Public Meeting,\u2019\u00a0 Court Prosecutors, shall evidentially substantiate the charge with the interpretation contained in the \u2018Public Order Act.\u2019 Such Interpretation\u2019 was intended, even for clarity of understanding by the \u201810-year-old grandson, Devon Benjamin\u2019 of\u00a0 Police and Public Safety Minister, Steadroy \u2018Cutie\u2019 Benjamin.\u2018<\/p>\n

QUESTIONS<\/p>\n

While there may have been many, it begs these \u2018Questions;\u2019 (i) \u2018Were the Defendants the only\u00a0 two persons participating in the \u2018Public Meeting? (ii) Were they only people known to the \u2018On-Scene Commanders and their subordinates? And (iv) Who, if anyone, were they addressing?\u2019 Undoubtedly, these apparent grave \u2018Evidential Omissions,\u2019 must prompt adjudicating questions to the Magistracy.<\/p>\n

EVIDENTIAL ASSISTANCE<\/p>\n

That which reportedly had not failed to generate internal discussions among rank-and-file members, over the omission of the \u2018Police Tactical Unit Commander\u2019 from the criminal proceedings. Most were wondering whether or not he was a \u2018Court Dodger\u2019 or prosecutorial decision to hide him from rigid \u2018Cross Examination. Given his omission from the criminal proceedings, it begs the Adjudicating Question;\u2019 \u2018What may have informed the Adjudicator not to require this vital witness to render \u2018Evidential Assistance\u2019 to the Court?\u2019<\/p>\n

EVIDENCE: ON-SCENE-COMMANDERS<\/p>\n

The instant conviction of the two female defendants shall have required \u2018Evidence\u2019 from at least two \u2018On-Scene-Commanders,\u2019 namely; (i) \u2018Crowd Control Commander: and (ii) The Police Tactical Unit.\u2019 These are the ones charged with \u2018Operational Commands,\u2019 and empowered with statutory authority to call for \u2018Meetings or Marches\u2019 to be dispersed.<\/p>\n

COURT\u2019S NOTES OF EVIDENCE<\/p>\n

That which shall not be disputed, is the \u2018Court\u2019s Notes of Evidence or Written Decision\u2019 will reflect no \u2018Independent Corroborative Evidence.\u2019 Additionally, none will be shown as given by the \u2018On-Scene-Commander of the \u2018Police Tactical Unit (PTU)\u2019 Assistant Superintendent of Police, James Tonge.\u2019 Neither would the \u2018Notes of Evidence or Written Decision,\u2019 reflect \u2018Evidence\u2019 by any non-participating member of the public.<\/p>\n

FAVORABLE FINDINGS<\/p>\n

The \u2018Police Court Prosecutor\u2019 appeared to have relied upon \u2018Favorable Findings\u2019 of the \u2018Court.\u2019 The Court was to have found as \u2018Fact;\u2019 (i) \u2018That no \u2018Permits\u2019 were issued to the Defendants by the Commissioner of Police; (ii) That due to the application being refused: (iii). That the Defendants had so organized it; and (iv) That that the evidence sufficiently established a prima facie case against them.\u2019<\/p>\n

ABUSE OF POLICE POWERS<\/p>\n

Seemingly the product of \u2018Poor Training; Lack of Supervision; or simply Misguided,\u2019 some law enforcement personnel continue to exercise \u2018Powers of Arrest,\u2019 that do not reside in them. The cases for; (i) \u2018Donette Simon and \u2018Shenel Williams\u2019 make the point.\u00a0 These two females shall be remembered as the \u2018Victims of seemingly \u2018Abuse of Police Powers.\u2019 Such abuse will have occurred when a \u2018Law enforcer\u2019 reasonably suspected to have committed the criminal act of \u2018Perjury.\u2019 Hence the \u2018Concocted Act of Perjury.\u2019<\/p>\n

SHAM SEACHES<\/p>\n

Consequent upon the issuance of a \u2018Warrant to Search,\u2019 they were reported to have \u2018Indignities\u2019 as those of the common criminals. The \u2018Magistracy\u2019 shall know of the \u2018Atrocities\u2019 reportedly perpetrated against them. It shall also know that upon the issuance of such Warrant;\u2019 (i) \u2018Sham Searches\u2019 were conducted at their respective premises; and (ii) That those searches reportedly yielded or revealed no concealment of that which was apparently falsely or perjuriously sworn.\u2019<\/p>\n

WARRANT TO SEARCH<\/p>\n

The law enforcer would have knowingly falsely sworn to information on \u2018Oath\u2019 to obtain a \u2018Warrant to Search,\u2019 to a trustworthy an unsuspecting Magistrate. This not only speaks to an egregious and corruptible act, but also has the potential to taint the reputation of other personnel. The act in, and of itself egregiously unlawful, since the personnel concerned; (i) \u2018Had not viewed neither acting individually, nor as accomplices in the commission of a felonious act; and (ii) The personnel had no \u2018Reasonable grounds\u2018 to suspect that both had committed, or were about to commit a felony\u2019 [CO: 1981: Section 5 (1) (f)].<\/p>\n

ISSUING MAGISTRATE<\/p>\n

Likened to the unsuspecting fraudster, only the \u2018Crooked and Corrupt\u2019 law enforcer could influence belief\u2019 in a \u2018Warrant-Issuing \u2018Magistrate.\u2019 The case of \u00a0two females, support this assertion. A \u2018Perjurer\u2019 had reportedly falsely sworn to information that both had concealed upon their respective premises; (i) \u2018Firearms and ammunition: and (ii) Certain controlled drugs.\u2019 That which the \u2018Warrant-issuing Magistrate\u2019 appeared not to have known, was that he\/she had facilitated \u00a0a \u2018Perjurer\u2019 to access premises through a criminal act, to effect two \u2018Unlawful Arrests.\u2019<\/p>\n

FACTUAL SEQUENCE OF EVENTS<\/p>\n

That which the \u2018Magistracy\u2019 shall be alerted to, is the subsequent \u2018Factual Sequence of Events;\u2019 (a) Both females then suffered the \u2018Indignities\u2019 of being; (a) \u2018Unlawfully arrested; (b) Charged with; (i) \u2018Organizing: (ii) Taking Part in an unauthorized Public March; and (iii) Taking Part in an unauthorized Public Meeting\u2019 [August 10, 2021]. If these have not the capability of bringing Law enforcement and the Magistracy\u2019 into disrepute, then what will?<\/p>\n

FIREARMS -AMMUNITION AND DRUGS<\/p>\n

Among the most vexing question is; \u2018How does the \u2018Magistracy\u2019 justify or reconcile the issuance of a \u2018Warrant to Search\u2019 their premises for \u2018Firearms; Ammunition and Drugs,\u2019 and two innocent females, deprived of their liberties, subsequently ended up as Defendants before a Magistrate Court to answer \u2018Public Order\u2019 offences?\u2019 Now, if these atrocities do not require \u2018Public Inquiry\u2019 into (a) \u2018The behavior of Law enforcement; and (b) The behavior of the Magistracy,\u2019 then what may?\u2019<\/p>\n

DAY\u2019S EVENTS<\/p>\n

The \u2018Day\u2019s Event\u2019 reportedly saw scores of people converging upon the \u2018Papa Bird Bust Square),\u2019 at Lower Market Street\u2019 in the capital city, St. Johns. Some, undoubtedly, clearly to be active participants, while others, merely curious onlookers and\/or \u2018moral supporters.\u2019 The adults may have been \u2018Saints and Sinners,\u2019 while those still at the stage of infancy, were innocent to what was being about to be protested.<\/p>\n

PEACEMAKING ROLE<\/p>\n

Before the \u2018Police Tactical Unit (PTU) arrived at the \u2018Sir Cornwall Bird Market Square Bus,\u2019 though there may have been a \u2018Streak of Defiance\u2019 in the people that had gathered or gathering, the environment was described as comparatively peaceful. The two \u2018On-Scene-Commanders\u2019 along with assigned crowd-control officers, were said to have been present. As prospective protestors arrived, the officers were said to have displayed attitude representing their \u2018Peacemaking Role.\u2019<\/p>\n

NON-COMBATIVE ATTITUDE<\/p>\n

Though not necessarily supportive, they reportedly remained tolerantly calm, with a \u2018Non-Combative Attitude.\u2019 The curious and care-free uncontrolled juveniles, and those under parental control, tagged along to the planned event. The relatively stable situation was soon to be changed. All found themselves in an environment that was to become shockingly hostile and fiercely rubbery combative. Yet those that had gathered, either to participate or observe, knew not were to be \u2018trucked\u2019 in, descend upon them and \u2018Papa Bust.\u2019<\/p>\n

POISED TO DESCEND<\/p>\n

Parliament anticipated that persons may not show obedience to the Rule of Law.\u2019 Hence, the \u2018Act\u2019 provides prosecutorial consequences to such persons so identified and so called upon to disperse the Meeting or March.\u2019 Taking no diversions, with engines at frighteningly high revolution, the \u2018Police Tactical Unit (PTU)\u2019 was reportedly \u2018trucked-in.\u2019 Moving south-ward down \u2018Market Street\u2019 to \u2018Papa Bust,\u2019 they knew not what was \u2018Poised to Descend\u2019 upon man, woman and child.<\/p>\n

MEETING TO DISPERSE<\/p>\n

Following adequate warnings of the \u2018PTU\u2019s\u2019 intentions, the On-Scene-Commander, Assistant Superintendent of Police, James Tonge,\u2019 reportedly ordered \u2018Skipping\u2019 of the \u2018Baton\/Shield Section.\u2019 The \u2018Unit\u2019 then swiftly moved to the \u2018Teargas Section\u2019 to disperse the gathering. The \u2018Act\u2019 states; \u2018Any person required to call on any \u2018Meeting to Disperse,\u2019 who; \u2018Refuses; Fails; or Neglects immediately to call on such meeting is guilty of an offence\u2019 [POA: Section 7 (2)].<\/p>\n

DOSE OF SMOKE<\/p>\n

In seconds, those then assembled reportedly ran past \u2018Papa\u2019s Bust,\u2019 so fast, that the \u2018Father of the Nation\u2019 got not even a fleeting glance of his \u2018Grandchildren.\u2019 The protestors and observers were not alone. The peaceful, unarmed and non-combative \u2018Crowd Control Police officers,\u2019 were reportedly given a \u2018Dose of their own Smoke.\u2019 Incidentally, the physically-fit among the peace-making officers reportedly ran faster than hares.<\/p>\n

GASPING FOR OXYGENATED AIR<\/p>\n

The \u2018Half-Fit Law Enforcers,\u2019 reportedly ran for cover, while the apparent physically-unfit,\u2019 could only manage a \u2018trek.\u2019 Likened to the people gathered for the planned event, other law enforcers were said to have breathlessly panted. Gasping for oxygenated air, they wended their way further up on \u2018Market Street. That which transpired then, might be observed through video footage that showed those either too slow, or could not move, squeezing their nostrils, starving their lungs of inhalation of the convulsive choking smoke.<\/p>\n

ESSENTIALITY OF TIME<\/p>\n

Parliament knew that some people within the environment may corrupt the mind of docile \u2018Commissioners of Police.\u2019 Parliament also anticipated that such \u2018Commissioner\u2019 might be influenced to act contrary to the public\u2019s interest. Contingent on the granting of a \u2018Permit\u2019 and considering the \u2018Essentiality of Time,\u2019 Parliament made provisions that the \u2018Commissioner of Police\u2019 shall have adequate time to make arrangements for deployment. The \u2018Public Order Act,\u2019 stipulates; (a) \u2018Time application\u2019 shall be sent to the Commissioner; and (b) Time that shall be given to the applicant, in the event of \u2018Refusal of a Permit.\u2019<\/p>\n

COMPLIANT APPLICANT<\/p>\n

The \u2018Act\u2019 states; \u2018Any person who desires to organize any public march shall, \u2018\u2026at least 3 days\u2019 before the day on which such public is to take place, shall apply to the Commissioner of Police for a permit\u2019 [POA: Section 11]. It has been the experience that the docile \u2018Commissioners\u2019 have acted contrarily against those then desire of hold \u2018Public Meetings and Marches.\u2019 Consequent upon such anticipation, it\u00a0 provides an avenue for a \u2018Compliant Applicant\u2019 that has been refused permission, to \u2018Appeal\u2019 the refusal.<\/p>\n

PROMPT ADMINISTRATIVE RESPONSE<\/p>\n

That which has some significance to the applicant has always been a \u2018Prompt Administrative Response.\u2019 This has been a duty statutorily-imposed upon the Commissioner. The provision states; \u2018Any person who is dissatisfied with the \u2018Refusal\u2019 of the Commissioner of Police to grant a permit, may within \u2018\u20267-days of being notified of the decision,\u2019 appeal in writing to the Minister.\u2019 Ironically, such appeal may be made to the \u2018Police Minister.\u2019 Such could be likened to a person running from an ant\u2019s mound straight into a swarm or hive\u00a0 of bees.<\/p>\n

COMPLIANT OBLIGATIONS<\/p>\n

This may have been observed from the \u2018Administrative Provisions\u2019 contained in the \u2018Public Order Act (POA).\u2019 Respecting \u2018Public Meetings and Marches,\u2019 the \u2018Compliant Obligations\u2019 imposed upon the citizen, the \u2018Act\u2019 states; \u2018No person may \u2018Organize; Lead; or Take part in any \u2018Public March\u2019 unless a permit has been issued in respect by the Commissioner of Police.\u2019 [POA: Chapter 357: Sections 10]. As it affects a \u2018Timely Response,\u2019 a Commissioner who decides not to grant permission, shall be compliant with \u2018Section 40\u2019 of the \u2018Public Order Act.\u2019<\/p>\n

ENVIRONMENTALLY USEFULNESS<\/p>\n

Not infrequently, some regional \u2018Commissioners of Police\u2019 were found wanting in attending to \u2018Matters of Administration.\u2019 Some \u2018Acts\u2019 or \u2018Omissions\u2019 were reasonably suspected to have been exploitatively calculated. These are the \u2018Commissioners that were kept in \u2018Good Graces\u2019 for their \u2018Environmental Usefulness.\u2019 Now, when an activity, as in the instant case was planned weeks ahead; (i) \u2018Desirous of holding a \u2018Public March on \u2018Sunday;\u2019 (ii) An organizer being \u2018Compliant with Law in sending an application \u20183-days\u2019 as stipulated in the legal provisions.<\/p>\n

ADMINISTRATIVE GLITCH<\/p>\n

That which was said to have provoked defiance was believed to have resulted from possible \u2018Administrative Glitch.\u2019 Respecting \u2018Public Meetings and Public Marches,\u2019 the \u2018Public Order Act,\u2019 provisionally imposed certain duties upon; (a) The citizen; and (b) The Commissioner of Police.\u2019 A Commissioner that is not seen as \u2018Service-oriented unfriendly or grossly negligent,\u2019 runs the risk of provoking discontent, intolerance, defiance and disobedience in the law-abiding citizens.<\/p>\n

DENIAL OF PERMISSION<\/p>\n

Clearly, that which may dissatisfaction in an applicant desirous of calling together a \u2018Public Meeting\u2019 or organizing a \u2018Public March,\u2019 and has been fully-compliant with requirements of the law, is the \u2018Denial of Permission.\u2019 Thus, irrespective of penal consequences, the law-abiding applicant would most likely be inclined to show defiance. This was so, particularly when a \u2018Commissioner of Police,\u2019 could show no justification, for his\/her apparent administrative negligence.<\/p>\n

WRITTEN APPEAL<\/p>\n

A Commissioner of Police, whether; (a) \u2018By \u2018Negligence; or (b) Calculation,\u2019 replied on a Friday afternoon, know that only \u20181- day\u2019 before the planned \u2018Public March,\u2019 such speaks to nothing, but serious administrative omission. Though not necessarily legal, still such appeared to have been the \u2018Cause of Disobedience.\u2019 Should an \u2018early response was dispatched, such will have well-positioned \u2018Police and Public Safety Minister, Steadroy \u2018Cutie\u2019 Benjamin\u2019 to give \u2018Appellate Consideration\u2019 to a dispatch to a \u2018Written Appeal\u2019[POA: Chapter 357: Section 40].<\/p>\n

MINISTER\u2019S CONSIDERATIONS<\/p>\n

Consequent upon the \u2018Considerations\u2019 residing with the \u2018Minister,\u2019 he may either have; (a) \u2018Confirm the Commissioner\u2019s refusal; or (b) Reverse the decision\u2019\u00a0 [POA: Section 40 (2)]. Some adjudicators within the \u2018Magistracy,\u2019 appeared not to be concerned with that which provokes citizen disobedience, but that which has been filed in the Magistrate\u2019s Courts for adjudication.<\/p>\n

CONCLUSION<\/p>\n

Specific to the \u2018Public Order Act,\u2019 those that enforce this enactment shall be seen to have familiarity and operational understanding of; (a) \u2018The administrative; and (b) Procedural provisions.\u2019 Such familiarity, undoubtedly, will not only lend to the proper and lawful execution of duty, but generally provides for the effective enforcement and \u2018Rule of Law.\u2019 For reasons of their \u2018Physical Presence,\u2019 it appeared that the Defendants became \u2018Victims of Prosecution.\u2019 From professional prosecutorial experience, not only has the evidence seemed suspect, but also the conviction. These have prompted further questions; (i) \u2018Authorized or unauthorized, was there in \u2018Fact\u2019 a Public Meeting? (ii) If so, who may have been the organizers? (iii) Were there other participants in the meeting; (iv) Who allowed their active participation? and (v) What subjects or issues, if any, were being presented or discussed? (vi) Evidence of estimate of persons in attendance?\u2019<\/p>\n

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

RAWLSTON POMPEY Consciously, unsuspectingly or innocently, it is incumbent upon \u2018District Magistrates\u2019 not to be facilitators of \u2018Perjury,\u2019 through unsuspected roguish and corrupt behavior in law enforcers. Such, however, is avoidable, only when \u2018Warrant -issuing Magistrates\u2019 become more circumspect. Specific to the issuance of \u2018Warrants to Search\u2019 premises, they may wish to pay more attention […]<\/p>\n","protected":false},"author":3,"featured_media":147371,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-192414","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Donette Simon And Shenel Williams Victims Of Perjury And Inefficiency - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-donette-simon-and-shenel-williams-victims-of-perjury-and-inefficiency\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Donette Simon And Shenel Williams Victims Of Perjury And Inefficiency\" \/>\n<meta property=\"og:description\" content=\"RAWLSTON POMPEY Consciously, unsuspectingly or innocently, it is incumbent upon \u2018District Magistrates\u2019 not to be facilitators of \u2018Perjury,\u2019 through unsuspected roguish and corrupt behavior in law enforcers. 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