COMMENTARY: Criminal Justice In Jeopardy Evidence Never Heard By The Jury

Criminal Justice In Jeopardy Evidence Never Heard By The Jury

Rawlston Pompey

When the ‘Pandemic’ visited this nation, there may have been more ‘Casualties of Curfew,’ than of those stricken by COVID.’ Many violators will have reminisced; (a) ‘The overnight detention in cramped spaces in ‘Police Holding Cells,’ unfit for human accommodation, and begging for hygiene.’ Many detainees were; (b) Penniless, sleepless, and foodless; (c) Next day, by mid-morning, there were appearances before the Magistracy.

TRAIN TO PENITENTIARY MISERY

Many, hoping for restored liberty, entered ‘Pleas of Guilty;’ (e) Slapped with the hefty forthwith payable maximum fine of EC$5,000; then (e) Not knowing where such sum could have been accessed or sourced, most were carted off for the ‘6-months institutionalized residency at ‘Her Majesty’s Prison.’ They were on a train to misery, to contend with toe-gnawing rodents and an over-populated ‘Mid-Town Penitentiary.’  Those days, and those unpleasant encounters and ‘Harrowing Experiences’ with members of the ‘Security Forces,’ have long passed, yet the memories live on.

HARROWING EXPERIENCES

. Respecting the trial of 4-indicted ‘Security Forces Personnel,’ a ‘Defence-Favored Ruling’ on the ‘4 Submissions of No Case to Answer,’ outraging the public conscience.’ The population not only vociferously let their voices and displeasures heard, but also with ‘Contemptuous Dissenting Anger.’ Consequent upon the ‘Half-Way Stage July Trial,’ media reports informed that ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens,’ acting with prompted immediacy, initiated ‘Criminal Appeals’ against the vexatious ‘Half-Way Trial Rulings.’

PERSPECTIVE

Reasonably inferred, the ‘Strangled Death of Bruce Greenaway 43,’ presented striking similarity to the universal concept called; ‘Extra-Judicial Killing.’ It speaks to ‘4-members of the ‘Security Forces’ being apprehended and criminally prosecuted. They were identified as; (i) ‘Shakiel Thomas 25; (ii) Amal Warner 20; and (iii) Aliyah Martin 20’ [ABDF]; and (iv) Police Constable Jason Modeste 44’ [RPFAB], this was due to; (i) ‘Reasonable Suspicions; and (ii) Prima facie evidence.’

CRIMINAL JUSTICE

Three years later, it saw a ‘Jury Trial,’ that equally as much as his life has ended in grave tragic and questionable circumstances, so too has been the ‘Joint-Murder Trial’ that family, community and members of society’ saw as the cardinal judicial wrong they called; ‘Travesty of Justice.’ Suffice it to say, even when it appeared that ‘Justice was in Jeopardy,’ apparent scant regard has been shown to the rest of society. That which this ‘THESES’ seek to achieve, is to provide an understanding of ‘Bruce Greenaway’s apparent harrowing experience leading up to the ‘Unlawful Detention and horrible ‘Strangulation Death.’ It shall be warned that this is not for ‘Short Story Book Children.’ Dedicated to ‘Criminal Justice,’ and particularly, those that may have been deprived of, or in quest of it.

JUSTICE IN JEOPARDY

Not infrequently, citizens victimized by crime have been forced to look at the behavior of the Courts and attitude of administrators of justice. This has been among natural human responses in every society. While’ from ‘Time Immemorial’ ‘Legal Submissions’ have been part of the trial process, lack of public education, awareness, sensitization and understanding appeared to have shaped minds into perceptions, that speak to derailment of ‘Criminal Justice.’ That which these ‘Legal Practitioners’ know, is ‘Legal Language.’ Thus, as far as commonality of understanding was concerned, they all understand ‘Legal Arguments.’

EARLY-O-CLOCK

It may not necessarily have been the astounded ruling that have cause revulsion in the population, but equally as much, the quality of ‘Criminal Investigation.’ Lest readers shall wonder, or allow their imagination to run wild, these questions shall, ‘Early-O-Clock,’ be posed; (i) ‘What Soldier and Police Inspector, charged with ‘State of Public Emergency Operations,’ should receive ‘4-Incident Reports,’ specific to ‘Bruce Greenaway’s; (a) Detention; (b) Disappearance; and (c) Strangled death,’ shall not have read the contents before submission to; (i) ‘Chief of Defence Staff; and (ii) The Commissioner of Police.’

FUNDAMENTAL QUESTION

It begs the ‘Fundamental Question;’ ‘What Sergeant of Police, who reportedly arrested the ‘Curfew Violator, transferred him to the custody of ‘Two Soldiers?’ Additionally; (iv) ‘What Force Commanders shall not look at ‘Corrupt Practices,’ that they may not become so institutionalized as to bring discredit to the reputation of their organizations?’

WHISPERS- RUMORS- SECRETS- RHETORIC

Even as many people have ‘Whispered Privately, and continue so to whisper, this commentary reflects; (a) ‘No defence of the indefensible: (b) No whispers; (c) No Secrets; (d) No Rumors; and (e) No Rhetoric.’ Such is left to my ‘Social media friend-TenMan.’ To the extent that some contents may appear repetitive, it shall do no harm to further enhance knowledge, and thereby, eliminate illiteracy. That which is contained herein, speaks not of the ‘Facts’ of the ‘Half-Tried Jury Case,’ nor ‘Legal Arguments’ advanced to ‘Criminal Assize Judge, His Lordship, Justice Colin Williams.’

GRAVE CONCERN

That which may have been of ‘Grave Concern’ to; (i) ‘Crown Prosecutor Volston Graham; and (ii) Criminal Assize Trial Judge, His Lordship, Justice Colin Williams,’ most certainly will have seen: (a) ‘The evident mediocrity that may have impacted the investigative results; (b) The apparent nonchalant way the case preparation may have been done; and (c) The quality and insufficiency of ‘Evidence’ adduced. With these unconfirmed observations, ‘Hands ‘off,’ ‘Not of Harmonite,’ but ‘off’ these two distinguished officers of the Courts of the ‘Organization of Eastern Caribbean States (OECS). Even so, that which may bring citizen’s enlightenment, will be written. That which may support the observations of ‘Prime Ministers ‘Dr. Ralph Gonsalves and Mia Amour Motley’ [SVG: BGI], will certainly not be unabashedly written.

LINED-UP DUCKS

Should ‘Four Ducks’ be taken down with a single ‘Buck Shot,’ they shall be properly ‘Lined-up.’ [JKT: 2023]. Should they be ‘Mis-Aligned,’ then most certainly, it may require the use of a ‘Gatling Gun’ to bring them all down [1861: Richard Jordan Gatling]. Criminal prosecutions, have never been; and will never be about ‘Lined-Up Ducks and Buck Shots.’ That which shall be said, is that ‘Crown Prosecutors’ have no ‘Evidence Factory.’ Such invention, is not only bad for professional ethics, but also personal reputation and ‘Criminal Justice.’

INVESTIGATIVE/PROSECUTORIAL DEFICIENCIES

Most criminal investigators and some ‘Crown Prosecutors,’ appeared to be strangers to certain knowledge. Trial Judges, often view this as ‘Investigative and Prosecutorial Deficiencies.’ Advance ‘Legal Arguments and Cited Authorities’ had often militated against ‘Crown Prosecutors.’ Professionally and prosecutorally, this case was never dependent upon ‘Forensic Evidence.’ This was an observation correctly made by ‘Frank ‘Frankie’ Southwell’ following the ‘favorable ‘No Case to Answer Submissions’ [ANR: June 21, 2023]. Though not necessarily adducing ‘Evidence’ that shows a ‘Preponderance,’ yet ‘Circumstantially strong,’ it has always been about a sufficiency of such ‘Evidence.’ Trial Judges often positioned themselves to determine whether such evidence is capable of being considered; (i) ‘Relevant to the ‘Fact in Issue;’ and (ii) Capable of leading to the ‘Presumption of Fact,’

EXPEDIENCY OR TRAVESTY

In jury Trials,’ it has never been the understanding that ‘Trial Judges’ shall seek to strengthen or weaken ‘Cases for the Prosecution or Defence.’ Therefore, it shall never be seen as their role failed to or gave the appearance of not serving the ‘Administration of Justice.’ Even without vested interest, such could easily be made to be seen when ‘Jury Trials’ experienced a ‘Miscarriages or Abortions.’ Therefore, all a sundry shall know that confidence in the ‘Judicial and Criminal Justice Systems,’ could never be strengthened when the ‘Duties of Juries,’ for preferred ‘Legal Arguments,’ were judicially discarded. Though not necessarily for reasons of obscurity, that which could be rightly or wrongly perceived might be ‘Expediency or Travesty.’

PROTECT AND SERVE

Acknowledging the ‘Founding Constitutional Principles,’ despite the atrocities that were often perpetrated against the innocent and hapless and law-abiding citizens by ‘Agents of the State,’ the overwhelming majority of the populace respects and accepts the ‘Rule of Law.’ This majority believes that this concept could be more strengthened and public confidence more deepened in those with responsibility to ‘Protect and Serve.’ Then there is the ‘Criminal Justice System’ that have often been seen as serving more of the interest of those that have been accused of victimizing the defenceless citizens. From this perspective, administrators of Justice’ shall not be perceived as favoring those alleged to have been menaces to members of society, but serving the common good.

EVIDENCE: LITMUS TEST – ADMISSIBILITY

Not infrequently, those that have been alleged to have been ‘Criminally Victimized,’ have seen no semblance of the ‘Manifestation of Justice.’ This was sometimes glaringly evident, when for reasons of advanced ‘Legal Arguments,’ subjectively, those with the apparent more persuasive or convincing arguments, were the ones prevailing over the ‘True Verdicts of Juries.’ That which shall be said is that when evidence was adduced before a ‘Judge and Jury,’ it has always been to convince members, ‘Beyond Reasonable Doubt,’ of its; ‘Authenticity; Integrity; Believability; and Acceptability.’ Passing the ‘Litmus Test,’ ‘Criminal Assize Judges’ shall apply the ‘Laws of Evidence,’ as they affect ‘Admissibility.’

HANDS OFF- NOT HARMONITE

It has not only been the expressed view of victims of crime, but also members of the wider society, that ‘Chips’ shall fall, where they may. The more it is thought of that which may have descended upon detained and deceased Falmouth resident ‘Bruce Greenaway,’ is the more it is looked at prosecutorally, the more interest the disgusted and disturbing end of that which begun as a ‘Jury Trial’ has provoked. Some judicial decisions may be seen as adverse, and the tendency has always to apportion blame to ‘Trial Judges.’ This, they are aware is inevitable. This often occurred, when ‘Judicial officers’ appeared to have savored ‘Legal Arguments’ in abruptly ending ‘Trials by Jury of Peers.’ Those so inclined, also know that which was inevitable.

MANIFESTATION OF JUSTICE

Notwithstanding any ‘Evidential Deficiencies,’ and the several ‘Cited Authorities’ in support of the adjudicator’s decision, ‘Trial Judge, His Lordship, Justice Colin Williams,’ could reasonably expect that a ‘Criminal Appeal,’ (i) ‘Sufficiently grounded in Law; and (ii) Properly and persuasively argued by ‘Director of Public Prosecutions (DPP), Shannon Jones-Gittens,’ could see the ‘Appellate Itinerant Eastern Caribbean Supreme Court (ECSC)’ (a) ‘Setting aside ‘His Lordship’s Decision; and (b) Ordering a Re-Trial.’ Such, if so decided,’ could see his adjudicating-counterpart, ‘Her Ladyship, Justice Ann-Marie Smith,’ being so judicially assigned to conduct a ‘Re-Trial’ of a ‘Quartet of Security Forces’ personnel. This shall not only be seen as comporting with the often-illusive concept, called ‘Justice,’ but also its ‘MANIFESTATION.’

CURFEW KILLERS

When criminal investigators, belatedly felt satisfied that ‘Death’ had visited upon ‘Detainee Bruce Greenaway,’ while he was in the ‘Custody of the Security Forces,’ they correctly nabbed ‘4- reasonably suspected ‘Curfew Killers’ (Coined) [April 9-13, 2020]. As insignificant as it may have appeared to the competent or incompetent criminal investigator, a ‘Statement’ may have been recorded from ‘Corporal Anderson Watt,’ then stationed at ‘Dockyard Police Station.’ He was well positioned to testify of; (a) ‘Telephone contact by Aunt Lolita Greenaway-Camacho: and (b) His own futile efforts to ascertain his uncle’s whereabouts’ [April 9, 2020].

INEXPLICABLE: DETENTION/DISAPPEARANCE

That which, rightly or wrongly, had; (a) ‘Angered the citizenry; (b) Provoked mild disquietude in a usually peaceful ‘Falmouth’ community,’ has been his ‘Inexplicable Disappearance’ from the ‘Safe Custody’ of members of the ‘Security Forces’ [April 9, 2020]. That which had terrified family members and jolted them into sorrow and grief, was his lifeless and partially decomposed body. Discovered and fished from the water’s-edge at the desolate and deserted beach, called ‘Indian Creek,’ their worst fears had been confirmed [April 13, 2020].

CONSTRUCTIVE CUSTODY

Assuming the ‘Police Sergeant’ had not followed-up to ensure that the ‘Detainee,’ whether or not it was definitive that the Soldier shall take the ‘Detainee’ to the ‘Dockyard Police Station,’ even when his body was found floating at ‘Indian Creek Bay,’ the ‘Detainee’ will have been still in the ‘Constructive Custody of ‘Police Sergeant, Clint Spencer.’ Those benefitted from professional investigative training, shall have been the first to ‘Suspect Kidnap/Murder.’ Moreover, had more ‘Circumstantial Evidence’ been unearthed, properly martialed and prosecutorally presented before the Jury,’ though judicially-bound to entertain ‘Legal Arguments,’ the eminent ‘Trial Judge, His Lordship, Justice Colin Williams,’ may have very well looked at a very different ruling.

DEAD JUSTICES: DEAD MAN

Though this was not the prompt by citizens, still it shall be gently, politely and curiously asked; ‘Where have all the good Judges gone?’ This may have been posed to deceased retired Judge, Her Ladyship, Justice ‘Clare Henry,’ before her departure to yonder. Likened to ‘Dead Justices,’ the same has long been said of ‘Dead Man.’ In killings where only the ‘Killers knew just what had transpired,’ it is undeniably true of the axiom; ‘Dead Man Tells No Tale.’ This, without a shadow of doubt, has been the position in the ‘partially-heard Jury Trial’ involving three ‘Antigua and Barbuda Defence Force (ABDF)’ soldiers, and one Police officer of the Royal Police Force of Antigua and Barbuda (RPFAB).’

FINITE ENCOUNTER

For at least one ‘Falmouth’ resident, ‘Detainee Bruce Greenaway 43,’ his ‘Finite Encounter’ with two, then four members of the ‘Security Forces’ was markedly different. It marked his ‘Finite Hour.’ Under ‘Curfew Detention,’ he was; (a) ‘Never taken to a Police Station for a crime or an offence: (b) Never accommodated at, or accounted for as a Detainee at a ‘Curfew Detention Center; (c) Never slapped with ‘Curfew Violations offence; Never appeared to see the face of District Magistrate Nagio Emanuel-Edwards; (d) Never ordered to pay the hefty ‘Curfew-Violation Fine; and (e) Lived only for ‘4 of the 7 days’ of the ‘Mandatory Curfew’ [April 9-16, 2020]. Most troubling, he had not partaken of the ‘Ducana/Ling-Fish Delicacy-Dinner,’ reportedly prepared by one of his beloved ‘Falmouth Harbor Aunts’ and resident.

SATAN RULE

That which have brought grief and sorrow, while family; community; and members of the wider society,’ have impelled ‘Police Church Pastors; ‘Dr. Charles Jack (Inspector); Francis Dinard (Inspector); and Everton Jeffers; (Deputy Commissioner of Police),’ to shout; ‘Satan Rule.’ Then they all sang; ‘Guide Me O Great Jehovah’ [William Williams: 1717- 1791]. He was reportedly killed while in the custody of identified members of the ‘Security Forces’ [April 9-13, 2020].

DEPRIVATION: LIBERTY/LIFE

Though he was not so jointly-indicted, at trial. the ‘Jury’ had no opportunity to be truthfully told that it was; (a) ‘Sergeant Clint Spencer’ and an ‘Unidentified Soldier’ that had ‘Actual and Constructive Custody’ of the ‘Detainee/Deceased Bruce Greenaway.’ Most importantly to answer; (i) ‘Why the ‘Deceased’ was deprived of his personal liberty; and (ii) Who deprived him of his life, after he had neglectfully and recklessly transferred custody to Lance Corporal Shakiel Thomas’ of the ‘Military.’

DAMNING CIRCUMSTANCESS

In the case of ‘Bruce Greenaway, the ‘Damning Circumstances,’ that the Court appeared not to have seen or understood were; (i) ‘His detention by two members of the ‘Security Forces’: – Lance Corporal Shakiel Thomas; and (ii) Police Sergeant Clint Spencer;’ (iii) Reasons for detention.’ In the ‘90-Day Trial,’ these were ‘Evidential Facts’ ‘Never Heard’ from them by the Jury. In understanding the gravity and inferred intent of ‘Bruce Greenaway’s’ ‘Unreported Detention,’ was to have been told of the rationale for; (a) ‘His detention; and (b) His release.’

UNREPORTED DETENTION – WHAT IF…?

These two words, ‘What If,’ appeared neither to be in the vocabulary, neither of the average citizen, nor the Judiciary. These would be better understood by ‘ONDCP Director Colonel Edward Croft and Chief of Defence Staff, Colonel Thelbert Benjamin.’ They know the meaning, nature and gravity of these two words. From a Military Perspective,’ these speak to, and connotes ‘Adverse Possibilities.’ it begs a most troubling question; ‘What If’ family and community members had not seen him fiercely resisting members of the ‘Security Forces?’

UNSOLVED KIDNAPPING/MURDER…?

The perceived view of families sorrowed by the several ‘Traceless Missing Persons Reports,’ though his body was recovered, may just have suggested yet another ‘Unsolved Murder.’ Those that have not the benefit of certain ‘Criminal Investigations Training’ could never be ‘Thinking outside the ‘Box.’ Speaking to the ‘Unreported Detention,’ and viewed from ‘Mens Rea, (Guilty Mind),’ without a shadow of doubt, such act and ‘Foreseeable Consequences bordered two serious criminal acta; (i) ‘Kidnapping; and (iii) Murder.’ Though the ‘Quartet’ had been properly indicted for the ‘Murder of Falmouth resident, Bruce Greenaway,’ the investigation appeared to have desired much more than the ‘Asphyxiated Choking’ that may have seen his eyes peering at the ‘Chokers,’ as they protruded from the sockets.

DARKEST HOUR – DEADLIEST HOUR

It has been said that the ‘Darkest Hour’ comes just before dawn. While for his family, it may have been their ‘Darkest Hour,’ for the Falmouth resident, Bruce Greenaway 43,’ the ‘Walk to Dinner’ became the ‘Deadliest Hour.’ It came just after darkness descended upon the nation. The deceased, it was reported, got almost within reach of his aunt’s residence. There shall be no issue or doubt that the ‘National Health,’ came under serious threat by the imported deadly world-wide ‘COVID-19 Pandemic.’ There may be no issue that ‘Health Authorities,’ moved swiftly to prevent and control its rapid spread across the globe and within this nation.

RESISTANCE TO DETENTION

Given the circumstances surrounding his ‘Detention; Disappearance; and Death,’ inferentially, the life of ‘Bruce Greenaway,’ suddenly, torturingly, chokingly and breathlessly ended. These, undoubtedly, had sent shock wave across the nation. It has filled the hearts of his family and community with sorrow and grief. It brought no comfort to anyone, though his lifeless, battered and bruised body was discovered at the desolate and infrequently-visited ‘Indian Creek Bay,’ and fished from the water. This may have suggested a reason for the resistance to his forceful detention [April 9-13, 2020].

GROSS AND FATAL

It shall be said that no messages, neither from ‘Criminal Assize Judge and Adjudicator, Justice Colin Williams,’ nor ‘Crown Prosecutor Volston Graham’ were given for delivery. That which ‘Commissioner of Police, Atlee Rodney QPM’ shall know, is that the latter with a ‘Law Enforcement Background’ (SVG: DPP: British Virgin Islands), was never, and could never have been satisfied by the apparent ‘Gross and Fatal Negligence’ evidently exhibited by ‘Sergeant Clint Spencer.’ This may have been made worse, when one of the ‘Defence Attorneys’ sought to impress upon the mind of the ‘Jury,’ that this ‘Police/Prosecution Witness’ gravely lacked professional competency, integrity, credibility and believability.’

SELF-SERVING: NON-CRIMINATING

Even without the benefit of the contents of; (i) ‘The Depositions; and (ii) The apparent ‘Evidentiary Valueless’ documented interviews (Informal),’ it was obvious that ‘Trial Judge, His Lordship, Justice Colin Williams’ may not have been overly impressed with the quality of evidence adduced. This may only be blamed upon the quality of investigations. Such recorded interview, never reveal to criminal investigators that which they were seeking to achieve. Neither, ‘Criminal investigators; Juries; Crown Prosecutors; and ‘Trial Judges’ shall harbor illusions of the ‘Self-Serving Contents.’ Hence, the ‘Trial Judge’s’ decision in relying upon his own judicial wisdom and adjudicating competence a judgment in causing cessation to the lengthy ’90-Day Jury Trial.’

ADJUDICATING COMPETENCE

That which seemed to have produced confusing effect on the minds of ‘Jury, bereaved family and general public,’ was the instruction given by the ‘Trial Judge.’ Clearly, guided by his ‘Adjudicating Competence’ and superior legal knowledge, ‘His Lordship, Justice Colin Williams,’ appeared to have been so persuaded by ‘Legal Arguments,’ pertaining to ‘4-No Case to Answer Submissions,’ that it saw; (i) ‘Lance Corporal Shakiel Thomas; and (ii) Privates Amal Warner; and (iii) Aliyah Martin; and (iv) Police Constable Jason Modeste,’ pensively and gingerly stepped down from the ‘Prisoner’s Dock.’ This resulted after the recessed mixed-Jury received ‘Judicial Instructions’ to return a ‘Not Guilty Verdict.’

DICTATES OF JUSTICE

That which shall be understood, are these fundamentals; (i) ‘In full Trials, the Jury are ‘Sole Judges of Facts.’ They are given; (a) ‘The benefit of ‘Full summation of the evidence; and (b) Proper legal directions as the ‘Trial Judge’ considers appropriate and applicable. They shall follow as a ‘True verdict demands and ‘Justice,’ dictates. Thus, it was always incumbent upon the ‘Trial Judge’ to guide their understanding and application of such ‘Facts’ to the ‘Law.’ In the instant trial, the ‘Jury’ had no such benefits. They had been sequestered, while the ‘legal sleuths argued points of law before the ‘Trial Judge.’

INSTRUCTIONAL OBEDIENCE

Their subsequent retirement is; (a) ‘To deliberate among themselves as to credible, truthful, believable and acceptable ‘Facts,’ Then enabled by their sense of reasoning and endowment of conscience, these not only guides informed thoughts, but also allowed for the return of ‘True Verdicts’ [Oath of Jury]. Conversely, when recessed for ‘No Case to Answer Submissions’ and ‘Legal Arguments’ to be advanced by both (a) ‘Defence Counsels; and Crown Prosecutors.’ Members of the Jury are under ‘Instructional Obedience,’ but also ever wailful ‘Perilous Consequences’ for willful disobedience.

EDGE OF POVERTY – PURGATORIZED MISERIES

The ‘Detainee, Bruce Greenaway’ knew not of luxury or opulence as those of the upper social class of society. These have been the small minority of the citizenry, that were to be seen as obscenely wealthy. He was among the down-trodden. Yet, unrelentingly, and under the non-ceasing ‘Repressive Behavior’ of some ‘State-agencies, to the indigent, there was sheer purgatorized misery. Even as he was seen to have been living at the ‘Edge of Poverty,’ he was neither a menace to his community, nor to members of the wider-society.’ Likened to others in other peripheral city communities, he may have been subject to either the ‘butt or nozzle’ of their Service weapons, their fists or ‘Choking Hands,’ resulting in his horrible death.

PROTECTION: HEALTH AND LIFE

His ‘Detention; Disappearance; Death and the ‘Discovery of the body of Bruce Greenaway 43,’ are looked at strictly from the perspective of ‘Criminal Investigations.’ When ‘Governor General, His Excellency, Sir Rodney Errey Williams KGN, GCMG, MBBS,’ issued the ‘Proclamation’ for the ‘State of Public Emergency,’ the citizenry accepted that it was intended to address serious three national concerns. The ‘Proclamation’ made way for the combined ‘Security Forces’ to enforce ‘Emergency Law.’ It’ states; ‘Whereas it is enacted by ‘Sections 20 (1) and 20 (5), Chapter 23’ of the Constitution of Antigua and Barbuda that a ‘Public Emergency’ has arisen as a result of an outbreak of an infectious disease, of which the Governor General was so satisfied’ [The Official Gazette: No.16 of 2020: March 25, 2020].

STRINGENT EMERGENCY MEASURES

Such necessitated ‘Stringent Emergency Measures’ to protect the health of the vulnerable citizens, and by extension the entire population. Though, ‘Liberties and Freedoms’ and other ‘Fundamental Rights of the Individual,’ were restrictively and seriously affected, the overwhelming majority of the citizenry understood that which was at stake. Though they knew of his early detention by members of the ‘Security Forces,’ when family members sought to establish communication with ‘Bruce Greenaway,’ they wanted him to ‘Show-up for Dinner’ [April 9, 2020].

BRUCE GREENAWAY TRAGEDY

The heavily-armed and apparent physically-fit, youthful and exuberant, and super-hyped members of the ‘Security Forces,’ boasted a formidable combined human-strength, believably, equivalent to ‘an earth-moving machine’ of comparable power to a ‘D-4 Caterpillar Bulldozer.’ While the young ‘Soldiers and mature Police Constable’ may have been seen to have lacked proper organizational control and ‘Operational Supervision,’ a ‘Sense of Responsibility,’ may have averted the ‘Bruce Greenaway Tragedy.’

THE UNSUPERVISED

While the junior Soldiers may have been under the ‘Supervision’ of still ‘an Unsupervised Lance Corporal, Shakiel Thomas,’ there was no ‘Senior Police Officer (SPO), to give supervisory guidance to ‘Police Constable Jason Modeste.’ That which shall be briefly said, is that though his hands may have been known to have been used for defensive purposes, they were never used for ‘Choking the Daylight’ out of any ‘Detainee’ (Privilege investigative information).

QUESTIONABLE KILLINGS

Emphatically, and undeniably, he was senselessly and brutally ‘Murdered,’ and rightly suspected by his family, community and wider society. Thought it brought no solace, such belief was shared by even those charged with responsibility for certain governmental Ministries.’ It might just be opportune for a timely interjection. That which seems to be lending encouragement for some ‘Security Forces’ Killings,’ may have been the result of several ‘questionable Killings’ that have yet to see the holding and/or completion of ‘Coroner’s Inquests.’ Research has revealed that most have been starved for Fixtures. Such inquisition could force restraint upon personnel with a propensity for violence. For such inquisition speaks to: (a) ‘Culpability; and (b) Prosecutorial Accountability.’

30-MINUTES = 30 HOURS

Subsequently indicted and prosecuted, upon conviction for Murder, he was institutionalized for 22-years. When the Intermediate Appellate Court,’ reduced it by ‘2-years,’ the ‘Apex Court-London Privy Council,’ slapped it right back on’ [UKPC: February 16, 2015]. Research revealed that the ‘Detainers’ claimed to have had custody for ’30 Minutes of ‘Bruce Greenaway.’ To anyone in ‘Forced Detention and held captive away from a ‘Police Station,’ such time speaks to ‘30 Hours.’ This allows for sufficient time to fly to ‘Sister Isle Barbuda for a Lobster Dinner.’ Such was sufficient for the ‘Detainee’ to have fetch his ‘Ducana/Ling-Fish Dinner.’

30 MINUTES: TIME/OPPORTUNITY

The ‘Detainee’ never took flight, neither from ‘Sergeant of Police, Clint Spencer, nor ‘Lance Corporal Shakiel Thomas. He also never took flight as much as ‘Commissioner of Police, Atlee Rodney QPM.’ Instructively, the ‘Court’ appeared not to have appreciated that under a ‘State of Public Emergency,’ where only members of the ‘Security Forces’ and dogs strayed into rummaging for a meal, they ‘Ruled and Roamed’ the community and streets. From an investigative view, ’30- Minutes in the custody, provided both ‘Time and Opportunity.’ Time for a ‘Sergeant-Military or Police,’ to grab a ‘Furry Lamb’ and take of its ‘Furry Coat.’ This is enough time to partially cook a piece of its liver. According to ‘taste buds,’ sprinkled with a bit of ‘All Purpose Seasoning,’ then ‘Eat’ all the way to ‘Carlisle Bay.’

ADEQUATE TIME

Looked at from another perspective, ’30- minutes provides ‘Adequacy of Time for even members of the ‘Russian Armed Forces’ to; (a) ‘Detain; (b) Eliminate: and (c) Dispose of ‘30 Enemy Combatants.’ Such achievability might be dependent upon; (i) ‘A team to snatch and kill; (ii) A team to Retrieve; and (iii) A team to dig and bury.’ To place ’30 Bodies’ at a beach, it may require a sizeable boat, sunken not too, far from the shoreline. The deceased never lived for ‘7 days after his detention, let alone lived for ’21 Days’ that the constitutional ‘Notification of Detention,’ specifies. There was no ‘Documentary Evidence’ of ‘an Officially-Listed Detention’ or ‘Public Notification.’ Clearly, this provision of the ‘Constitution Order,’ appeared to have been breached [CO: 1981: Section 17].

HOPE AND JUSTICE

During the ‘State of Public Emergency,’ a citizen, a brother, a father, an uncle, nephew who, at the time seen in the custody of members of the ‘Security Forces,’ was neither; (i) Accused: (ii) Arrested and charged with the commission of a serious crime [April 9, 2020]. Had that been the case, he shall have been detained at a Police Station.’ While ‘4-Murder-Accused’ of the ‘Security Forces’ stood before a ‘Jury of Peers,’ though this eliminated no sorrow or grief,’ and brought no ‘Solace and Satisfaction,’ the bereaved family nonetheless, felt a ‘Sense of Hope and Justice.’ Such ‘Hope’ and such ‘Sense of Justice,’ was not only placed in the ‘Criminal Justice System,’ but more so, confidently in the ‘Jury.’

GROSSLY RECKLESS AND SENSELESS

Aware of his ‘Detention, when ‘Bruce Greenaway’s Aunts’ failed to make contact with him, that may have been the time the family saw the ‘Sun and Moon’ go into ‘Eclipse.’ That was the time ominous darkness, descended upon the ‘Falmouth Community. That was the time area representative and Member of Parliament, ‘E.P. Chet Green’ cautioned investigators not to trespass on the ‘Tolerance of the People.’ Consciously and mindfully, he had been reflecting on the ‘Liberta community’s reaction, they had viewed the killing’ of ‘Denfield ‘Tody’ Thomas 29’ by Police Constable Kevil Nelson,’ as ‘Grossly Reckless and Senseless.’ Ironically, his demise came over the refusal in handing over a ‘Baby Bag’ [October 23, 2006].

INVESTIGATIVE DEFICIENCIES

The Case may not have been only seen as exposing investigative incompetence, but also proving to be ‘Prosecutorally Challenging.’ Though the ‘Jury’ may have been given the benefit of a ‘Full Trial,’ neither the ‘Crown Prosecutor’ and representative of ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens, nor the ‘Trial Judge, His Lordship, Justice Collin Williams,’ shall take responsibility for any; (a) ‘Investigative Deficiencies; (b) Want of proper Case preparation,’ that may have posed great prosecutorial difficulties.

IRRATIONAL JUDICIAL DECISIONS

That which many people appeared not to comprehend is that there is a difference between; (a) ‘Criminal investigations; (b) Criminal prosecutions; and (c) Judicial adjudication.’ That which the law-abiding citizen have often become circumspect, are ‘Irrational Judicial Decisions’ that bordered grave ‘Travesties of Justice.’ These, in recent times, have not only defined the brutal and deadly behavior of some members of; (i) ‘The Security Forces; (ii) The apparent condoning, colluding and conniving behavior of Criminal investigators; but also (iii) A Criminal Justice System,’ so blatantly, and so grievously non-punishing, that not infrequently they have invited visitations by the ‘Eastern Caribbean Supreme Court (OECS) –Appellate Jurisdiction,’ to review their intellect, powers of reasoning and ‘Judicial Conscience.’

ENFORCING EMERGENCY LAW

Firstly, and foremost, such was intended only to control the spread of the deadly ‘Corona Virus (COVID-19) Pandemic; Secondly, in ‘Protecting the lives of citizens: and Thirdly, Safeguarding the National Health.’ Fundamental to their achievement were ‘Restrictive Measures’ that necessarily impacted the liberties and freedoms of the citizenry.’ That was the time the overwhelming majority of the people, may have known the differences between; (i) ‘A State of Normalcy; and (b) A State of Public Emergency.’ During the declared ‘State of Public Emergency.’ that may have been the only time the populace may not have heard officialdom identifying individual agency.

OPERATIONALLY-MERGED

The agencies, combined, were to be, and called the ‘Security Forces.’ Those ‘Operationally-Merged’ were; (i) ‘Office of National Drug and Money Laundering Control Policy (ONDCP); (ii) Customs and Excise Department; and (iii) Department of Immigration,’ became a ‘formidable-fearsome force.’ That which resided in the knowledge of ‘Customs and Excise and Department of Immigration Heads; Raju Bodu and Katrina Yearwood’ was that they were to enter ‘Marine Crafts and Cargo and Passengers,’ and not to hunt ‘Nab and Grab’ Curfew Violators.’

SNATCHED FROM THE PULPIT

Though necessity so dictated and situation demanded, that would have the time many citizens became aware that they could no longer leave their residences as they like; when they like; assemble in numbers when they like; and attended ‘God’s Sanctuaries’ when they like or how they like. That was the time the ‘devil’ ran wild across the nation, forcibly entered one of the ‘Lord’s Tabernacles’ and from the ‘Pulpit,’ forcefully snatched ‘Pastor Uriah Taylor and three congregants’ [Sunday, March 29, 2020].

SAFE CUSTODY

Research has revealed and verified that on the very night of ‘Bruce Greenaway’s Detention,’ he was in conversation with his ‘Aunt Lolita Greenaway-Camacho.’ Believing that he was taken to the ‘Nearest Police Station,’ she had enquired of his ‘Whereabouts’ and sought to ascertain if he was being held at ‘Dockyard Police Station.’ Evidentially and circumstantially, both would have been well-positioned to give evidence that neither; (i) ‘Sergeant Clint Spencer (Arresting Police officer); nor (ii) Lance Corporal Shakiel Thomas (ABDF personnel) who was reportedly entrusted with his ‘Safe Custody,’ had brought, and handed over ‘Custody’ to himself or to other police personnel then stationed at that ‘Police Station.’

PURPOSE OF REGULATIONS

That which ‘Security Forces’ personnel and enforcers of the ‘Regulations specifically;’ (i) ‘Sergeant of Police, Clint Spencer’ [Royal Police Force of Antigua and Barbuda (RPFAB)]; and (ii) Lance Corporal Shakiel Thomas’ [ABDF(ABDF)], appeared not to have apprised themselves of, may have been the; ‘Special Emergency Measures.’ The applicable ‘Period 9^th April to 16^th April, 2020.’ The ‘Measures’ clearly states that they were intended; ‘For the further control of; (a) ‘The spread of the ‘Dangerous, Infectious Disease-COVID-19; (b) The Board hereby issues and directs that the following ‘Special Measures’ to be observed throughout ‘Antigua and Barbuda’ [S.I: No.27 of 2020].

TREPIDATION THAN RESPECT

Consequent upon the ‘Proclamation,’ all democratic, constitutional and ‘Fundamental Rights and Freedoms of the Individual,’ were immediately suspended. The ‘Security Forces’ gave the unmistakable impression, that they were either; (a) ‘Not operationally and behaviorally briefed or instructed.’ Many ‘Security Forces’ Personnel appeared to have harbored false beliefs that under the ‘State of Public Emergency,’ they ‘Ruled Supreme.’ The law-abiding citizens held more ‘Trepidation’ than ‘Respect’ for its members. Incidentally, and to all intents and purposes, these governmental departments were combined with the ‘Military and Police.’ These Departments, were reportedly dis-joined before the fateful ‘Detention and Demise,’ of Bruce Greenaway 43.’

STRANGLED DEATH

Lawfully or unlawfully detained/arrested and taken to a non-designated ‘Detention Center or Police Station, he was determined to have been ‘Strangled to Death,’ allegedly by the ‘Choking Hands’ of four members of the ‘Combined Security Forces’ [April 9 -13, 2020]. There would have been at least one accused person among the ‘4-indicted Murder-Accused, that had ‘Choked him to Death.’ Those who may have still have ‘Blood-Stained Hands’ included; (i) ‘Lance Corporal Shakiel Thomas: Privates (ii) Amal Warner; Aliyah Martin; and Police Constable Jason Modeste.’

BLOOD-STAINED HANDS

Whether or not lawfully or unlawfully detained/arrested, the ‘Detainee’ had been taken to a non-designated ‘Detention Center or Police Station. He was determined to have been ‘Strangled to Death,’ allegedly by the ‘Choking Hands’ of four members of the ‘Combined Security Forces’ [April 9 -13, 2020]. There would have been at least one accused person among the ‘4-indicted Murder-Accused, that had ‘Choked him to Death.’ Those who may have still have ‘Blood-Stained Hands’ included; (i) ‘Lance Corporal Shakiel Thomas: Privates (ii) Amal Warner; Aliyah Martin; and Police Constable Jason Modeste.’

INSTRUCTIONAL GUIDANCE

This, as the official records, except that which may have been kept at a dreary, dense-bushy ‘ABDF Military Outpost’ [April 9 – 13, 2020]. In attempting to provide ‘an Understanding’ for the ‘Emergency Measures,’ is to refer to the purposes of the ‘Emergency Regulations.’ They were not only published for the citizenry to know, but particularly for the ‘Security Forces Commanders’ to give unambiguous ‘Instructional Guidance’ to those subjected to their: (i) ‘Command: (ii) Control; and (iii) Supervision.’ The ‘Statutory Instrument’ states, inter alia: ‘These Regulations may be cited as the ‘Public Health Act (Dangerous Infectious Disease) (Amendment): (No: 2) Regulations-2020].

PROTECTION OF LIFE

Be they law-abiding or lawless citizen, every member of the ‘Security Forces,’ owed to him; (a) ‘The ‘Protection of Life,’ limb; and (b) Protection of Law.’ Following his apparent ‘Unlawful detention, or ‘Kidnapped Custody’ at the ‘Non-designated Clarence House/Antigua Slipway Military Outpost,’ reasonable inferences may have been drawn that such was the place the ‘Curfew Violator, Bruce Greenaway’ came to his ‘Tragic and Untimely Death’ [April 9-13, 2020]. Attesting to his aptitude and criminal investigative skills, had ‘Commissioner of Police, Atlee Rodney QPM,’ was apprised early of his; (a) ‘Detention; and (b) Disappearance,’ the ‘Area-assigned ‘Security Forces’ personnel; (iii) Amal Warner 20; and (iv) Aliyah Martin 20,’ may have been immediately apprehended.

CONSTITUTIONAL PROVISION

Even in a ‘State of Public Emergency,’ no one needs a reminder of the ‘Constitutional Provision’ that states; ‘Except as is otherwise expressly provided in this ‘Constitution,’ no law may abrogate, abridge, or infringe or authorize the abrogation, abridgement or infringement of any of the ‘Fundamental Rights and Freedoms of the Individual,’ hereinbefore recognized and declared’ [CO: 1981: Section 19]. Many citizens have complained that with impunity they have trampled upon the ‘Fundamental Rights and Freedoms of the Individual’ [CO: 1981: Chapter II].

OPERATIONAL CONSTRAINT

Though the situation dictated that ‘Emergency Measures’ were to be immediately implemented, the enforcement of ‘Emergency Law’ provided no ‘Impunity and no Immunity’ to members of the Security Forces. Yet in the ‘9-member Eustace ‘Tiko’ Lake-led Central Board of Health (CBH)’ imposed the ‘Mandatory Curfew,’ some members of the ‘Security Forces, had made it sufficiently clear, that this constitutional provision was not subjected to ‘Operational Constraint.’ Those so harbored delusional beliefs that the ‘Situational Measures’ so allowed, a ‘Royal Commission of Inquiry,’ may have revealed the ‘Behavioral Exhibition’ of some members of these ‘Forces.’

FEAR AND TERROR

Likened to ‘Honey Bees,’ busily buzzing around newly-opened scented blossoms for nectar, the personnel were not just to patrol the Streets daily and nightly, but have been seen everywhere. In a ‘Full Trial by Jury,’ the members would wish to hear from the ‘4-indicted-Murder-Accused,’ that having snatched ‘Bruce Greenaway,’ who may have been so brazen to have snatched him from their ‘Safety and Protective Custody.’ The combined ‘Security Forces’ became the enforcers of ‘Emergency Law.’ The apparent super-hyperactive members were said to have become; (a) ‘Overly aggressive, intrusive and abusive; thereby (d) Striking ‘Fear and Terror’ into the hearts of the indigent members of the impoverished communities.’

EXTRA-JUDICIAL PUNISHMENT

Those heavily weaponized, were often seen intimidating the peaceful citizens. Most appeared to have delighted in being seen rampantly running wild in the impoverished and neglected communities. Some members of the ‘Security Forces’ were accused of exacting ‘Extra-Judicial Punishment’ on ‘Curfew’ violators. Cognizant of that which meant the ‘Deprivation of Liberty,’ such will not have been the encounter nor experience of; (i) ‘Judges; (ii) Magistrates; and (iii) Jurors.’ For whatever reasons, had they ventured upon the streets during the ‘Mandatory Curfew Period; – 6. 00am – 6.00am,’ they may have possessed the privileged-issued ‘Emergency Pass Cards’ [April 9- 16, 2020],’

INSENSITIVE AND INCONSIDERATE

For the overwhelming majority of citizens, few had risked venturing out onto the streets. From their individual ‘Encounters and Experiences,’ many citizens are well-positioned to speak to the agonizing horrors. Nothing seemed quite as horribly vexing, as the personnel that were alleged to have been physically brutal. None more shocking and grievous than the insensitive and inconsiderate manner members of the ‘Security Forces’ reportedly dealt with ‘Bruce Greenaway.’ Unlawfully detained; Mysteriously disappeared; and was found murdered.’ These were certainly frightening reasons for the law-abiding to risk venturing too far from the safety and comfort of their homes.

FULL JURY TRIAL

Research has revealed that the ‘Detainee,’ had riskily ventured upon the ‘Falmouth public road, simply to fetch dinner from an aunt within the community. With compelling reasons that suggested the violation of the ‘Sanctity of Life,’ they had also offended guarantees contained in the ‘Constitution Order’ respecting ‘Protection of the Right to Life’ [CO: 1981: Section 4]. Given this assertion, the Tragic and senseless Death,’ a ‘Full Jury Trial’ may have provided an opportunity to the ‘Crown Prosecutor.’ He may very well have asked ‘Questions’ such as; (i) ‘Do you admit that the deceased had been detained under ‘Emergency Law? (ii) Do you admit that he was actually, individually and/or collectively in the ‘Safe Custody of yourselves?’

CONSCIENCE OF JURY

These questions, undoubtedly,’ may have spurred the imagination and awakened the ‘Conscience of the Jury,’ that they may have been disposed to draw reasonable inferences that there may have been; (a) ‘An intention to kill; (b) That they had an opportunity so to do; (c) ‘That such opportunity presented itself under ‘Cover of Darkness.’ The ‘Jury must know, that; (i) ‘Unlike the rest of the citizenry under ‘National Curfew,’ Security Forces’ personnel had unrestricted movement; and (e) No difficulty disposing of the body of ‘Bruce Greenaway’ at ‘Indian Creek Bay’ [April 9- 13, 2023]. If these were not to be seen as ‘Facts Relevant’ to the ‘Fact in Issue’ (Murder),’ it begs the ‘Fundamental Questions;’ (i) ‘Why were the ‘Murder-accuse not called upon to go on their defence.’

VIGOROUS CROSS EXAMINATION

Though they may have offered ‘Lying Excuses,’ the Prosecution may have been better-positioned to vigorously ‘Cross Examine’ the four ‘Criminally-indited-Murder Accused.’ The ‘Murder-Accused, called upon to go on the defence, through vigorous ‘Cross Examination,’ they may have identified to the ‘Jury’ the place, if any, where they took and held Bruce Greenaway. The ‘Murder-Accused may also have been asked; (ii) ‘How many other ‘Curfew Violators’ were detained, ‘Before or After’ the ‘detention of the ‘Deceased;’ (iii) Where were those ‘Detainees held? (iv) To whose custody they may have been transferred? and (v) If anything, what became of them following the period of detention?’

NEAREST POLICE STATION

The astute ‘Crown Prosecutor’ may also have asked; (iii) ‘Were there good reasons for not taking him to the nearest ‘Dockyard Police Station?’ Then leaving nothing to speculation, it may also have been asked; (iv) ‘Were there good and sufficient reasons for his detention not to have been reported to the ‘NODS-based’ Operations Commander, Inspector Edwin Browne.’ Though not necessarily finally, it may also have been asked; (v) ‘Was there a recorded entry into an official Station Diary respecting the Deceased’s Detention?’ Whether or not so phrased, these may have been posed to the ‘4-Murder-Accused.’

90-DAY-MURDER TRIAL

An approximated ‘90-day-MurderrTrial,’ abruptly ended without a ‘True Verdict’ returned by the ‘Jury.’ This was occasioned when ‘Criminal Assize Trial Judge, His Lordship, Justice Colin Williams’ dismissed the ‘Joint-Indictment’ against ‘three Military personnel and one Police Constable’ that they ‘Murdered ‘Bruce Greenaway’ [April 9 -13, 2020]. Hearing ‘Legal Arguments’ advanced by ‘Defence Attorneys,’ (i) Lawrence Daniel; (ii) Sherfield Bowen; (iii) Wendell Robinson; and (iv) Andrew O’Kola’ and Crown Prosecutor, Volston Graham,’ the ‘Court ruled in favor of the Defence that there was ‘No Case to Answer’ [June 21, 2023].

WARNING: JURY AND JUDGE

At the commencement of the ‘Jury Trial,’ His Lordship will have warned the Jury and himself who are; (a) ‘Judges of Facts; and (b) Sole Judge of Law.’ Such evidential circumstances and such legal directions from ‘His Lordship,’ may not only assist in guiding the understanding of the ‘Evidence’ that will ultimately be summarized by ‘His Lordship,’ but also its application to the ‘LAW.’ Then upon retirement to consider a verdict, it may either; (a) ‘Guilty; or (b) Not Guilt.’ A ‘Not Guilty Verdict, stands on its own, whereas that which may affect a ‘Guilty Verdict,’ is a ‘Reasonable Doubt.’ Whenever the Prosecution failed to prove its case, ‘Beyond a Reasonable Doubt,’ then the ‘Doubt’ shall be resolved in favor of the Accused person. He shall then be found ‘Not Guilty’ and be acquitted.’

SENSE OF JUSTICE: GUILT/INNOCENCE

Thus, in deliberation among themselves, and internalizing the evidence adduced, then such legal directions as deemed meet by the ‘Trial Judge.’ Such shall further enhance the understanding of members of the ‘Jury,’ so as to guide an informed, but ‘True Verdict.’ This shall be consistent with the ‘Oath of Duty’ dictates; Endowment of conscience, as reason demands and guided by a deep ‘Sense of Justice.’ In the instant ‘Murder Trial’ of the ‘4-members of the Security Forces,’ the ‘Jury’ had no opportunity in determine their ‘Guilt or Innocence.’

PROSECUTORALLY LUDICROUS

That which evidence may not have shown, was they acted ‘Jointly.’ This may have been negative when only, it was; (i) ‘Lance Corporal Shakiel Thomas; and (ii) Sergeant of Police, Clint Spencer’ who had initial physical contact with the Detainee.’ It will have been considered ‘Prosecutorally Ludicrous’ to even suggest ‘Joint Enterprise’ to the Jury.’ Surely, there are consequences to ‘Lawlessness, as there are to ‘Recklessness.’ Additionally, there are also consequences to ‘Carelessness as there is to Callousness.’

QUESTIONABLE: DETENTION/RELEASE

Since a ‘Jury’ would most certainly wish to know, then the ‘Crown Prosecutor’ shall have been able to ask the ‘4-Murder-Accused this very relevant question; ‘What informed the decision to release the ‘Detainee’ back into the existing ‘Mandatory Curfew Period?’ That which family members of ‘Bruce Greenaway’ had found disturbing and distressing was said to have been the apparent ‘reckless; senseless; brutal and merciless killing.’ Most hurtful, had resulted from the; (a) ‘Questionable Detention: (b) Mysterious Overnight Disappearance; and (c) Bizarre Death.’ S

SHOCKINGLY GRIEVOUS

Still, ‘Shockingly Grievous, was the discovery’ of his lifeless apparent battered, bruised, disposed miles away from ‘Falmouth to the ‘Indian Creek Bay’ [April 9 -13, 2020]. It shall bring no monotony to those that may wish to know of the; ‘Evidence Never Heard by The Jury.’ Early Law enforcement personnel were taught of this axiom; ‘Commit a crime and the world is made of glass.’ When explained by former Training Commandant ‘Sir Wright Fitzhenly George KCN, CVO, QPM, CPM,’ he said ‘Some damning circumstances always exists.’

PROSECUTORIAL OPPORTUNITY

There may have been some relevant issues that ‘Crown Prosecutor, Volston Graham’ was never given the ‘Prosecutorial Opportunity,’ to ventilate during ‘Cross Examination.’  The only ‘Judicial Authorities’ that may visit upon the ‘Decisions’ of ‘Criminal Assize Trial Judges’ are; (i) ‘The Eastern Caribbean Supreme Court (ECSC); and (ii) The London Privy Council (JCPC). All shall be mindful of this. But suffice this much to say, it has been general public view that the ‘Criminal Justice System’ enjoys little confidence from the overwhelming majority of the law-abiding citizens within this jurisdiction. Even so, there continues to be ‘Quiet Whisperings’ in divers’ places that some ‘Judicial Decisions’ and the attitude of some Courts, have forced the ‘Quiet Whisperers’ into a little more than a ‘Whisper.’

JURY NEVER HEARD

Before the ‘Soldier/Police Joint-Murder Trial,’ that which criminal investigators had ‘Reasonably Suspected,’ was that ‘3-Soldiers and one Police officer,’ had beaten upon his body, as they would have beaten a ‘Snare Drum’ on Independence Day Parade.’ That which the ‘Jury Never Heard’ was the prosecutorally-read into evidence ‘Documented Interview.; Such was said to have contained a claim, true or false, that the 4-Murder-Accused’ had apparently choreographed ‘Release from Custody’ back into ‘COVID and Curfew.’

BLOWING TRUTH FROM TRUPETS

From an investigative perspective, such claim, as opposed to ‘Musical Chords,’ speaks to vain attempts to ‘Blow Truth out of their Trumpets.’ Admitting to being the last persons to have seen ‘Bruce Greenaway’ alive,’ inferences, reasonably drawn on reasonably aroused suspicions.’ Such ‘Inferences’ and such ‘Suspicions’ may have easily and persuasively led the ‘Jury’ to believe that the ‘4-murder-Accuse’ cold-bloodedly murdered the ‘Detainee, either on the ‘Night of Detention’ or thereafter’ [April 9 – 13, 2020]. Were these not to be seen as ‘Facts Relevant’ to the ‘Fact in Issue’ (Murder),’ it begs this question; ‘Why were the ‘4-Murder-Accused’ not called upon to go on their defence.’

JUDICIAL JURISDICTIONS

Whether or not in; (i) ‘Civil; or (ii) Criminal; or (iii) Appellate Jurisdiction,’ no ‘Judge of Law,’ shall be seen as functioning as ‘Jury,’ save and except a Law so specified. Judges, therefore, shall leave no legacy that ‘Judicial History’ might position them to be seen and called by posterity the ‘Enemies of Justice.’ That which no Judge may see, is that he/she is called upon to address; (a) ‘Evidence of Fact; or (b) Evidence Relevant to the Fact in issue’ and (c) Evidence leading up to the ‘Presumption of the Fact.’ These are purely ‘Law Enforcement Training,’ however, when adduced at trial, and particularly that which shall be ‘Tender in Evidence,’ Judges are sufficiently learned as to determine that which is; (a) ‘Admissible; or (b) That which shall be ruled ‘Inadmissible.’

JUDGES OF FACTS – JUDGES OF LAW

The Judge’s role, if discharged properly in the interest of ‘Justice,’ as opposed to that which a Judge may consider, without extraneous reasons or environmental influences, has been clearly and judicially defined. Thus, it shall be deemed inept for any person or group of persons to suggest to a learned ‘Judge’ that which is within their knowledge that Juries are the ‘Sole Judges of Facts.’ Moreover, the astute Judge knows that his/her judicial duty is to ‘Interpret the Law,’ and accordingly guide the knowledge and understanding of the ‘Jury,’ that the ‘Facts’ they received from ‘Sworn Witnesses’ shall be properly applied to the particular Sections of Law, under which the indicted person was charged.

VIGOROUS CROSS EXAMINATION

Though they may have offered ‘Lying Excuses,’ the Prosecution may have been better-positioned to vigorously ‘Cross Examine’ the four ‘Criminally-indited Murder Accused.’ Had they been called upon to go on the defence, thorough and ‘Vigorous Cross Examination,’ may have impelled them to explained to the ‘Jury,’ where they took, and detained him. They may also have been asked; (ii) ‘If any, how many other Curfew violators were detained, ‘Before or After the ‘detaining the ‘Deceased;’ (iii) Where were the ‘Detainees held? (iv) To whose custody he may have been transferred? and (v) If anything, what became of them following the period of detention?’

REASONABLE GROUNDS

The ‘Security Forces’ have not only brought ‘Prosecutorial Misery’ upon themselves, but also ignominy to their respective ‘Disciplined Forces.’ Research has revealed that the ‘Prosecution’ had adduced no evidence through these officers that they had ‘Reasonable Grounds’ for believing that the ‘Falmouth resident’ was; (a) ‘In breach of the ‘Mandatory Curfew; and (b) The officers had forcefully subdued and detained him.’ Incidentally, that which those witnessing the ‘Resisted Detention,’ and consequent upon his apparent ‘Extra-Judicial Killing,’ appeared not to have known, was the identity of the personnel taking him into ‘Military and Police Custody.

NEVER HEARD BY THE JURY

Criminal Assize Trial Judges need no teachings about ‘Police Work.’ They know that it is not just about the actions taken, but primarily about; (a) ‘Contemporaneous Notes taking: and (b) Reasonably practicable recording of ‘Pocket Book Entries’ and ‘Entries and Cross References’ in the ‘Official Police Station’s Diaries.’ It cannot be over-emphasized, that these were ‘Facts Never Heard by The Jury.’ Such assertion was grounded upon the lack of ‘Documentary Evidence,’ showing and proving that two members of; (i) ‘The Antigua and Barbuda Defence Force (ABDF); and (i) Royal Police Force of Antigua and Barbuda (RPFAB)’ had forcefully detained ‘Bruce Greenaway.’

CIRCUMSTANTIAL EVIDENCE

If these were not ‘Circumstantial Evidence,’ then what is?’ Still, it is not for ‘Trial Judges’ to ask for, or give evidence on these. There has never been a ‘Prosecutorial Text Book Format’ in leading evidence for the Prosecution. Those that are familiar with Criminal Evidence and Procedure,’ shall also possess some prosecutorial knowledge. Most know that skills are only developed through constant practice. In briefly ‘Outlining the Case,’ the Prosecution will lead ‘Evidence of Circumstances.’  They also know that every case has its own set of ‘Evidential Facts and Circumstances.’ For instance, where there was no ‘Direct Evidence,’ the Prosecution shall rely upon ‘Evidence of Circumstances.’

CUSTODY DEATH: MAHSA AMINI

Though the circumstances surrounding the unlawful and unjustified death of ‘Falmouth resident, Bruce Greenaway,’ while in the custody of members of the ‘Security Forces,’ it reminded one of the recent ‘Death of ‘Mahsa Amini 22,’ while in Police Custody.’ The Iranian female who was reportedly detained by the ‘Iranian Morality Police,’ reportedly succumbed to the brutal and merciless beating suspectedly inflicted upon her body. This was occasioned as the ‘Police’ embarked upon a ‘Crack Down’ on females said not to have been wearing the designated head wear called, the ‘Hijab.’

REEK OF REPRESSION

Observing that she was not wearing the officially-specified ‘Hijab,’ she was ‘Forcibly Detained.’ Then allegedly ‘battered, bruised and hospitalized,’ she subsequently succumbed to the injuries sustained [September 16, 2022]. Her ‘Death in Police Custody,’ has sparked widespread internal protests that attracted a ‘Crackdown’ that appeared ‘Reek of Repression.’ In its condemnation of the ‘Extra-Judicial Killing’ and ‘Repressive Crackdown,’ the ‘Human Rights Watch’ organization accused the governing administration of ‘Systemic’ abuses of human rights’ [HRW: September 19, 2022]. The nationally-imposed ‘Mandatory Curfew’ was never so intended.

EMERGENCY POWERS: PRIME SUSPECTS

Such not being the case, then the shrewd investigator could not have ruled out ‘Kidnapping and Murder.’ Logic dictates, that since the deceased may have been; (i) Detained under extraordinary circumstances; (ii) Security Forces members may have been exercising ‘Emergency Powers; and (iii) Held the ‘Detainee’ in the collective custody of the ‘Security Forces,’ to all intents and purposes, they shall have been the ‘Prime Suspects’ in; (a) ‘His disappearance; (b) Reckless release; and (iii) Confirmed Unnatural Death’ [Pathologist: Dr. Lester Simon]. The ‘Security Forces’ personnel identified with his detention, were; (i) ‘Lance Corporal Shakiel Thomas 25; and (ii) Sergeant of Police, Clint Spencer’ [April 9, 2020].

STATE EXCESSES

It was to the professional knowledge of those that understood what a declared ‘State of Public Emergency’ entailed. That which ‘Emergency Regulations Violators’ know was, ‘Fundamental Rights and Freedoms of the Individual,’ were invariably subjected to ‘State Excesses.’ These were often to be seen coming from members of the ‘Combined Security Forces,’ whether or not supervised or unsupervised. Though ‘Military’ personnel were operating jointly with Law enforcement, the ‘State of Public Emergency’ could never have been said to be ‘an Act of War.’ The Judiciary itself. appeared not to have appreciated the differences between: (a) ‘State of Normalcy; and (b) State of Public Emergency.’

REASONABLE INFERENCES

The latter was occasioned by the visit of the ‘COVID-10 Pandemic’ [March 25, 2020]. Clearly, when ‘Bruce Greenaway43’ was detained, with no usual public activities and movement of people, there was no ‘Time-imposed Constraints’ upon the ‘4-Murder-Accused.’ There would have been sufficient time to dispose of the ‘Detainee’s body at any place, including ‘Indian Creek Bay,’ where it was discovered [April 13, 2020]. The Jury, guided by judicial directions by ‘His Lordship may have drawn such ‘Reasonable Inferences’ from the ‘Evidence’ adduced in the ‘Examination in Chief.’ The ‘Defence Attorneys’ appeared to have taken full advantage

LAST SEEN ALIVE: RELEASED DEAD…?

Zooming in on the locale the then ‘Disused Military Outpost’ is located in the immediate vicinity of the historic ‘British Clarence House.’ This, from an investigative perspective, was where the ‘Detainee Bruce Greenaway’ may have been; (a) ‘Taken by ‘Security personnel.’ Except, when he was being detained, the only people that had ‘Last Seen Him Alive,’ could have been no other that the ‘4-indicted-Murder Accused.’ That which the trained criminal investigator would have; (b) ‘Reasonably Suspected,’ was that having been brutally murdered; (d) ‘His lifeless body had been disposed of at Indian Creek Bay’ [April 9 -13, 2020].

PATHOLOGIST’S FINDINGS

Given the ‘Findings of Pathologist,’ Dr. Lester Simon,’ the deceased may have experienced a most horrible ‘Choking Death’ [April 9-13, 2020]. Acknowledging the serious and grievous nature of the alleged criminal act, both (i) ‘Minister of National Security; and (ii) Public Safety Minister,’ moved to allay family fears and assure community and members of the wider society that justice will be served.  Both Prime Minister Gaston Browne and Attorney General Steadroy ‘Cutie’ Benjamin,’ reported made soothing comments.

VOICES HEARD

Both were not only adamant that the ‘Detainee’s Death’ will not be swept under the carpet,’ but gave assurances that the perpetrators shall be brought to justice’ [Pointe FM: May 31, 2020]. Though they have not been judgmental and condemning, ensuring that their ‘Voices were Heard,’ media reports quoted the former saying: ‘We perhaps should jointly be giving the assurance to the public that the ‘Bruce Greenaway Issue’ is being addressed by Law enforcement, and justice will be served; Quoting the Commissioner, he said; ‘He does not wish to sacrifice permanent justice, with temporary satisfaction’ [Pointe FM: May 31, 2020].

HOPE – IDEALISM – OPTIMISM

Adding his own ‘Voice,’ Police Minister, Steadroy ‘Cutie’ Benjamin’ was quoted saying; ‘The Police are doing their job properly.’ Then seemingly more out of ‘Hope, Idealism and Optimism,’ he voiced his personal satisfaction. He reportedly said; ‘I am satisfied that within the next couple of days, justice will be done. Setting out the basis for such ‘Hope and Optimism,’ were that; (a) ‘Justice must be done; (b) Investigations must be properly completed; (c) Charges must be properly laid; and (d) The evidence ‘MUST’ be there, so that when the charges are laid, it is very unlikely that they will not be successful’ [Pointe FM-99: May 31, 2020].

FOUR DAYS: DISCOVERY OF MURDER

That which neither the Ministers, nor Commissioner of Police Atlee Rodney QPM’ knew was that the alleged ‘Murderers’ within the ‘Security Forces,’ never reported the ‘Detention’ of Bruce Greenaway’ [April 9, 2020]. Though not necessarily dealing with hardened criminals, those unfamiliar with ‘Criminal Investigations,’ may not know of the ‘Essentiality of Time’ to even the most amateur criminals. In the instant case, those with such familiarity, know that the then ‘Murder suspects must; (i) Plan a plausible excuse for ‘Releasing the Detainee; (ii) False claim of taking him back to the place he was initially detained/arrested: and (iii) Placing him back into the ‘Mandatory Curfew Period.’ Without the benefit of documented ‘Courses of Action,’ these they may tell to the ‘ABDF Marines.’

SWORN TESTIMONY

Consequent upon that which was reported, had the ‘Trial Judge’ been mindful, had he applied serious ‘Judicial Scrutiny’ to the ‘Sworn Testimony’ of certain police personnel. While ‘Crown Prosecutors’ shall endeavor to exploit their prosecutorial skills in presenting the ‘Evidence,’ based upon the ‘Sworn Testimony’ of witnesses for the Prosecution, they sure cannot ‘Manufacture Evidence.’ Even so, they shall be sufficiently observant to know when witnesses had become perjurious. This they are deemed to know or reckless not to know of the serious crime’ called ‘Perjury.’

INCIDENT REPORTS: PERJURY

That which the criminal investigators shall have known, was that the ‘Murder-Suspects’ needed adequate time for their ‘Incident Reports’ to be ‘Doctored.’ Privileged information has revealed both the ‘Thinkable and Unthinkable.’ That which may not have been fully understood, was that between the time the two public officials communicated to the media [May 31, 2020], and the date of arrest, there would have been; (a) ‘Adequate time for consultation with Defence Attorneys; (b) Sufficient time to give instructions; and (c) Enough to take legal advice.’ ‘His Lordship, Justice Colin Williams’ may have been well within justifiable reasons to have cited two ‘Police officers for ‘the Common Law crime of ‘Perjury.’

NON-INCRIMINATORY

Before arrest [June 6, 2020], the ‘4-Murder-Accused’ had ample time to regain their composure. Thus, when being interviewed by clearly amateur criminal investigators, they simplistically recorded just what was merely ‘non-Incriminatory.’ One of which. the gullible investigators may have accepted as truthful, may have been the ‘Release Alive’ of ‘Detainee Bruce Greenaway.’ Who saw or witness such release, nobody knows. Now, as they may have been so observingly vigilant and watchful for other ‘Curfew Violators,’ it further begs the question; ‘Why have they not seen the ‘Curfew Violator/s’ that after releasing him may have ‘Kidnapped, Strangled and disposed of his body at Indian Creek?’

PLANNING DEFENCES

Additionally, the ‘Accused, may not have been gravely challenged by time constraint in; (a) ‘Planning their Defences; and (b) Deciding upon legally-advised ‘Not Guilty Pleas,’ as to appear as successfully, but certainly not convincingly, shifted blame on ‘unidentified, but innocent man.’ The ‘Evidence the Jury Never Heard’ was that in the ‘Mandatory ‘Dusk-To-Dawn Curfew,’ the only people that were to be on ‘Street Patrol’; (a) Falmouth: (b) Cobbs Cross; and (c) English Harbor communities: and (d) Pigeon Point: and (e)Shirley Heights areas, though no nocturnal public activities were taking place.’

ROCKED AND SHOCKED CABINET

Cognizance of the existed; (a) ‘State of Public Emergency; (b) Mandatory ‘Dusk-To-Dawn’ Curfew; and (b) Aware of the inevitability of the deprivation of liberty and freedom of movement,’ the inexplicable and inexcusable ‘Killing of Bruce Greenaway,’ had reportedly ‘Rocked and Shocked the Cabinet.’ Expressing neither pleasure, nor satisfaction with the heinous criminal act alleged against members of the ‘Combined Security Forces,’ ‘National Security Minister, Prime Minister, Gaston Browne’ was quoted by the media saying;

ROYAL COMMISSION OF INQUIRY

The issuance of a ‘Royal Commission of Inquiry’ may have shown the ‘Declarant, Governor General, His Excellency, Sir Rodney E. Williams KGN, GCMG, MBBS,’ how recklessly and ruthlessly, some members of the ‘Security Forces’ had behaved, after ‘Constitutional Rule’ had been suspended [March 25, 2020]. Combined and operating together, these ‘State Agencies,’ were to address matters of ‘Public Emergency.’ More specifically, a ‘Statutory Instrument’ provided for; (i) ‘A Mandatory Curfew; (ii) Detention of violators; and (iii) Mandatory detention and prosecution’ [SI: No. 27 of 2020].

COMMON LAW CRIMES

Now, those ignorant not to know the ‘Common Law,’ had in fact committed the serious Crimes of; (i) ‘Misprision of a Felony (Concealing knowledge of the commissions of a crime); (ii) Perverting the Course of Justice (Colluding with concealment; and (iii) Perjury in giving Sworn Evidence’ (Concealing Truth). These, a Commissioner of Police, with ‘Testicular Fortitude’ might wish to investigate. This was one way of eliminating ‘Corrupt Practices.’ But then, if such ‘Commissioner,’ were to be so adventurous, then he might be saying to the police minister, ‘Retire some Members on the Police Service Commission (PSC).’

CHARGE OF KIDNAPPING

It seems questionable that criminal investigators never considered the charge of ‘Kidnapping.’ The fact that a person was seen being placed, or being driven in a marked or unmarked Police or non-military vehicle, does not necessarily mean such person was in ‘Lawful Custody.’  In the case of ‘Bruce Greenaway,’ with no official Record of Detention and Release, that may have been the time that; (i) ‘Kidnapping: and (ii) Extra-Judicial Killing’ may have taken place. Since none can be produced, then ‘Commissioner of Police, Atlee Rodney QPM, even when he flies, may wonder why. This has always been the thinking of the astute criminal investigator.

LOGIC AND TRUTH

That which seemed to have defied logic, was when ‘Law enforcement’ appealed to general public for information respecting the apparent ‘Kidnap/Disappearance/Murder,’ that which shall have been to their knowledge was that; (a) ‘During the ‘State of Public Emergency; and (b) ‘Period of Curfew,’ the only people that patrolled the streets and communities were; (i) ‘Military Personnel; and (ii) Police Personnel.’ From a professional investigative perspective, ‘Logic and Truth,’ dictated that only those that had ‘Custody’ of, and had the opportunity to ‘Murder Bruce Greenaway,’ and disposed of his body, shall have been ‘Reasonably Suspected’ to be members of the ‘Security Forces- Military/ and Police.’ They were to have been the first to be detained.

CONCLUSION

It may do ‘Justice’ to Justice,’ for even ‘Criminal Assize Trial Judges’ to know that in a trial, such as referenced ‘Murder Case,’ it is not a trial to be simply looked at.’ Citizens ‘Detained under a ‘State of Public Emergency,’ not only owe the ‘Safety and Security’ of ‘State agents, but also the ‘Protection of Law.’ Thus, ‘Murders’ allegedly committed under ‘Emergency Law,’ constitutionally, shall be looked at from such perspective. In the ‘Bruce Greenaway Murder’ case, ‘NOT’ the ‘Half-way Aborted Jury Trial,’ though. Wisdom shall prevail at this particular juncture. Whatever thoughts readers wish to so harbor is left to their comprehension of that which, herein, is referred to in the Constitution Order’ [No. 1106: 1981]. ***

 

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