BY RAWLSTON POMPEY
Restrictions placed upon the citizenry, due to the lethality of the ‘Coronavirus,’ have changed the full enjoyment of ‘life and liberty.’ In all these, it was the ‘freedom of movement’ that may have been seen as the most problematic. This may have shown manifestations when ‘Falmouth resident Bruce Greenaway’ had been cold-bloodedly murdered. To his distraught family and members of his community, his demise has been captured in the captioned words, ‘…Detained-Disappeared-Dead and Culpability.’ These words meant; (a) ‘…anxieties not knowing of his whereabouts; (b) …uncertainties not knowing whom he may have encountered or what he may have endured; and (c) …a life to be endured with everlasting haunting memories.’
CARDINAL MISTAKE
The latter came when his ‘…partially decomposed body was reportedly found on the shoreline of Indian Creek’ [April 13, 2020]. His apparent ‘Cardinal Mistake’ may have been the breaching of the ‘CBH imposed-Curfew and attendant ‘Emergency Regulations’ [March 26, 2020]. Stricken with sorrow and grief, his family and members of his community, have been asking for answers regarding his ‘detention, whereabouts and death.’ Yet no information came from those who may have been well-positioned or deemed to know, or may have been reckless not to know. Irrefutably true is the cliché, ‘…Dead men tell no tales.’ It now begs the critical question, ‘…Who killed Bruce Greenaway?’
PERSPECTIVE
Anguished over his detention and sudden disappearance, a family and community were not only left to mourn, but also to grieve eternally over his ‘untimely, unexpected and unexplained death.’ It specifically looks at the fundamental issue of ‘Criminal Culpability’ for his death. Still shrouded in complete secrecy, the deceased’s ‘detention; …disappearance and death,’ speaks to; (i) …premeditation; or (b) …behavioral recklessness.’ What shall be ascertained is who might be held ‘Criminally Culpable.’ Moreover, it speaks to who might be charged with the heinous crime of (a) ‘Murder or the lesser crime of (b) ‘…Manslaughter.’ This commentary looks at the; (i) ‘…Detention, lawful or unlawful: (ii) …Disappearance and mysterious death of Falmouth resident Bruce Greenaway; and (iii) …Who might be made amenable to the criminal law.’
LIVING NIGHTMARES
Through the years, the nation and people have experienced the wrath of nature’s most destructive elements. While the loss of life may have been negligible in numbers, nature’s fury had left many lives distraught. For many people, life became a ‘Living Nightmare.’ After the pandemic ‘Coronavirus or Covid-19 showed evidence of wreaking havoc within the ‘community of nations,’ the approximately 100, 000 population of the tiny ‘Caribbean nation of Antigua and Barbuda’ was made to prepare for its deadly onslaught. Unscheduled and unexpected visits by the dangerous virus were imminent. It was on its way to see what might be done to reduce the population and economic health of the nation.
CONTINGENCIES – STATE RESOURCES
The ‘Virus of all Viruses,’ was considered more destructive to human life, than has been a ‘Category 5 Hurricane.’ Fear and anxiety gripped those who felt that they were likely to be sent to ‘Glory.’ Recognizing the carnage in other nations, the Gaston Browne-led administration not only assessed the situation, but also put ‘Contingencies’ in place. These were for the purposes of mitigating the immediate and long term consequences to the health of the citizenry, and by extension, the nation’s well-being. Consequent upon these, ‘State Resources’ were wisely utilized. The primary purposes for the measures considered and taken, were; (i) ‘…Preventing; and (ii) …Containing and controlling the spread of the deadly ‘Coronavirus or COVID-19.’ For their ‘preventive usefulness,’ several agencies were mobilized to patrol the communities.
DISCERNING SPIRIT
More of a ‘Discerning Spirit’ than possessing ‘psychic powers,’ Prime Minister Gaston Browne may have anticipated that the; (a) …Proclamation of a State of Public Emergency,’ life for the citizenry will have come with some measure of hardship and difficulties. These were situations that the populace would find inescapable. When Governor General, His Excellency Sir Rodney Williams KCN, MBBS acted upon his advice and so declared a ‘State of Public Emergency’ [CO: 1981: Section 20]; and (b) …the CBH Board’s imposed a nation-wide Curfew [SI: Nos. 16 & 27 of 2020], ‘Emergency Powers’ fell into the hands of members of the ‘Security Forces.’
USING DISCRETION
Crisis or no crisis, it has often been the case when the overzealous becomes reckless and their actions become uncontrollably erratic. Conscious of the unpredictable nature of man and anticipating that the citizenry might be faced with ‘Collateral Horrors,’ the Prime Minister appealed in earnest to the ‘Security Forces’ to ‘Use their Discretion’ [May 27, 2020]. Though he may not have feared there would be; (a) ‘…weeping and mourning; (b) …endless sorrow and a lifetime of grief,’ in the currency of the situation, there was good reasons to appeal to their sense of understanding of what was facing the citizens, their sense of wisdom and good judgment.
COMBINED SECURITY FORCES
When he implored members to ‘use their discretion,’ he was speaking to the commanders of the ‘Combined Security Forces.’ He was in fact speaking to; (i) …The Military; (ii) …Police; (iii) …ONDCP; (iv) …Immigration Department; and (v) …Customs Department.’ He expected that the personnel of these agencies shall not become overly aggressive, intimidatory or abusive when exercising ‘Emergency Powers.’ Even with such an appeal, the apparent ill-mannered and poorly trained or operationally-untrained members,’ demonstrated little or no understanding of the existing situation.
STATE OF WAR
Many have shown no appreciation to the dignity and worth of the human person. Moreover, many appeared to have lacked the understanding; (i)’…The nation was not in a ‘State of War; (ii) …that the citizens were not enemy-combatants; (iii) …that there were no internal disturbances; and (iv) …that there was no imminent threat to governance and National Security.’ Had there been any of these situations, then there may not have been no ‘window of opportunity’ to facilitate affected citizens in leaving their residences to obtain essentials, such as food, water or medicine, while under lockdown or national Curfew.
STATE OF UTOPIA
Through the ‘Spirit of Discernment,’ he may have also anticipated that the actions of a few might not only compromise citizen’s safety, but may also become cause for ‘national concern.’ While he and his administration, together with ‘Health Minister Molwyn Joseph’ intended no harm to the ‘health of the nation’ by the pandemic ‘Coronavirus,’ globally called ‘COVID-19,’ both neither intended any physical harm to be inflicted upon the citizenry by any agent of the State. Though not harboring thoughts of being in a ‘State of Utopia,’ some ‘gun-toting members of the ‘Security Forces,’ seemed to have become more of a threat to the safety of the citizens, equally as much as that posed by the deadly ‘Coronavirus.’
FRAUGHT WITH DANNGER
Then there was the issue of the ‘Eustace ‘Tiko’ Lake-led Central Board of Health (CBH) Regulations. Little did the administration may have realized that the ‘Drafters’ had inserted a ‘Clause’ that seems ‘Fraught with Danger.’ The dangerous Clause’ has the inserted words ‘…Use of force, if necessary.’ Had this been a ‘Bill’ tabled for Parliamentary debate and consideration, two of the more keenly observant legislators, the apparent transformed ‘Dean Jonas and the precocious Asot Michael’ may have readily pointed out the ‘Dangerous Clause’ to ‘House Speaker Sir Gerald Owen Anderson Watt KCN, QC.’ Even so, it may have been the latter who may have been speaking ‘passionately, purposefully and persuasively’ to sitting Members to ‘revisit and remove the ‘troubling words.’
CONTROVERSIAL REGULATIONS
Interestingly, the ‘Controversial Regulations,’ appeared to have been unsuspectingly foisted upon ‘Health Minister Molwyn Joseph’ who affixed his signature. These Regulations may have been completely repealed and replaced. Instructively, though it was only Regulation 5A that had been ‘repeal and replacement,’ the ‘Antigua and Barbuda Official Gazette,’ makes reference to the ‘Principal Regulations’ [SI: No. 16 of 2020]. To all intents and purposes, it speaks only to Section ‘…5A’ as having been repealed and replaced. Thus, it refers to, ‘…Special measure applicable to the period 9th April, 2020 to 16th April, 2020 for the further control of the spread of the dangerous infectious disease ‘COVID-19’ [VOL: XL: No. 21: April 7, 2020].
BOARD’S DIRECTIONS
It further states, ‘…These special measures shall take effect from 6am on Thursday 9th April, 2020 to 6am on Thursday 16 April, 2020.’ Ironically, the ‘CBH Board’ (not Cabinet), ‘…directs that the following special measures be observed throughout Antigua and Barbuda.’ The Regulations speaks to (i) …The duration; (ii) …Restriction of freedom of movement; (iii) …Mandatory Curfew; (iv) …Social distancing; (v) …Wearing of mask in public; (vi) …Education and religious instructions; (vii) …Restrictions on social gathering; (viii) …Restriction on road traffic; (ix) …Restriction on Children; (x) …Closure of businesses; and (xi) …Closure of beaches’ [Statutory Instrument: Nos. 16 & 27 of 2020].
ENFORCEMENT CLAUSE
The Drafters seemingly anticipated that some citizens will be suspected of being afflicted with ‘COVID-19. Thus, as contained in the ‘Principal Regulations,’ the ‘Enforcement Clause’ states; ‘…The Board may by force, if necessary, enforce any Order given under these Regulations.’ Thus, members of the ‘CBH Board’ were empowered to act appropriately. It further states, ‘…A person who refuses to comply with an Order may be taken into quarantine under such conditions and in such place as the Board may approve for the quarantine of persons’ [Statutory Instrument: No. 16 of 2020: Section 6].
EMERGENCY POWERS
Clearly not guided by the enforcement of ‘Emergency Powers’ [CO: 1981: Section 17], the Security Forces’ appeared to have concerned themselves only with the respective ‘Ministerially-signed and ‘Eustace ‘Tiko’ Lake-led 9-member Central Board of Health (CBH) made and signed ‘Regulations.’ The regulations were legitimized by two ‘Statutory Instruments,’ fictionally considered to have been given legislative status’ [Nos. 16 & 27 0f 2020]. The mischief aimed by the ‘CBH Board,’ was primarily to ensure that; (i) …The citizenry behaved responsibly and act in compliance with stipulated conditionalities of; (a) ‘…Social distancing; and (b) …Wearing of masks in the public domain; and (c) …Remain at their residence during the nighttime Curfew.’
ZEAL AND STUPIDITY
Drafters of the ‘Constitution Order’ anticipated that there might be situations that may require urgency of attention and appropriate measures to address them. They also anticipated that those ‘Enforcing Emergency Powers’ might also be reckless, even when there were ‘Foreseeable Consequences’ of their action. The framers also anticipated that as opposed to using a ‘commonsense approach to sensitive situations, ‘Zeal and Stupidity’ may impair the judgment of some members of the ‘Security Forces.’ It may have been for their insights and collective wisdom, that they have inserted these safeguards in the ‘Constitution.’
RIGHT TO LIFE
It states, ‘…Except as otherwise expressly provided in this Constitution, no law may; (i) …Abrogate; (ii) …Abridge; (iii) …Infringe the fundamental rights and freedoms of the individual hereinbefore recognized and declared’ [CO: 1981: Section 19]. In short, the ‘Constitution’ makes it sufficiently clear that no law may ‘authorize the abrogation or abridgment or the infringement of, or ‘Deprivation of life.’ Thus, this provision expects even; (i) ‘…The State; (ii) …Its agencies; and (iii) …Its agents’ to respect the ‘Sanctity of Life’ by ensuring the ‘Right to Life’ [CO: 1981: Section 4].
RESTRICTIVE MOVEMENT
Then there was the critical issue of ‘Enforcement’ of the ‘Board’s Regulations and Curfew.’ Though these were not specifically intended to be enforced by members of the ‘Security Forces’ Commanders of the identified agencies, shared responsibility for enforcement. Given the intent and purpose for ‘Restrictive movement,’ one of the Regulations states, ‘…Except as provided herein, every person shall remain confined to his or her place of residence to avoid contact with others who do not form part of his or her immediate household occupant’ [Statutory Instrument: No 27 of 2020: Section 2 (2)]. This appeared ‘pregnant with enforcement problems’ that may have manifested when ‘Falmouth resident Bruce Greenaway’ was reportedly ‘detained and released from safe custody, only to be found dead’ some four days later.
CRACK OF DAWN
By the ‘Crack of Dawn,’ Thursday, April 9, 2020, the ‘CBH Board’s Regulations and Curfew’ took effect. By twilight, as the shadows lengthened, marking the end of daylight; feathered stock wend their way to their nests; …roaming and domesticated animals retreated to their places of rest; while nocturnal animals advanced from their resting places to rummage for foods. Then as darkness descended upon the nation members of the ‘Combined Security Forces’ combed the streets. They were to ensure that citizens were compliant with the ‘Curfew and Regulations.’ The ‘non-compliant were reportedly nabbed and taken into custody.’ Given one of the mischiefs aimed in the Regulations- prosecution, this necessarily meant formal charges of ‘Breaching Curfew’ [SI: Section 5 (i) (c): No. 16 of 2020].
HORRIBLE AND PAINFUL DEATH
Violators would have been readied for Court appearances by ‘…9am the following day. Facing the hefty ‘Fixed Penalty of EC$5, 000,’ those defaulted, would have faced penal residency of six months’ [Section 7]. Though ‘Falmouth resident Bruce Greenaway’ was reportedly detained by members of the ‘Security Forces,’ he was neither slapped with a ‘Breaching Curfew Charge,’ nor readied for a following-day Court appearance before the ‘Magistrate’s Court.’ These three little words; (i) ‘…Detention; (ii) …Disappearance; and (iii) …Death;’ meant that ‘Tragedy had Struck.’ Without harboring pre-conceived ideas or arriving at pre-mature conclusions, the circumstances under which he came to his death and where it appeared that force or violence may have been brutally or mercilessly used meant a ‘horrible and painful death.’
FUNDAMENTAL QUESTIONS
The detained ‘Curfew Violator’ reportedly ‘disappeared’ from his family and community. Four days later, as ‘blue flies reportedly buzzed busily and noisily’ around his lifeless and partially decomposed body, it was obvious that he had met a mysterious, but violent death’ [Between April 9 and 13, 2020]. There are still other ‘Fundamental Questions;’ (i) …Was the deceased lawfully detained? (ii) …When, where and how he was detained? …By whom he was detained? (iii) …Did he submit peacefully to detention? (iv) …Was the detainer assisted by any other person? (v) …If so, by whom? (vi) …Was he detained alive? (vii) …Was he conveyed to a Police Station/Command Post? (viii) …Does the official records reflect his detention, detainer and reasons; (ix) …Was the detainee released alive? (x) …Was he conveyed or escorted to his home?’
ARREST OR DETENTION
Under the ‘Eustace ‘Tiko’ Lake-led Central Board of Health Board (CBH)–made Regulations,’ that which shall be clearly understood is that such Regulations provide no ‘…Powers of Arrest or Detention’ [Statutory Instrument: No. 27 of 2020]. Consequent upon the deceased detention, be it under the constitutional provisions or any law made by Parliament, he was owed the ‘protection of the Security Forces, and by extension, the law. This is not only contained in the Constitution, but also in the ‘Universal Declaration of Human Rights.’ Such declaration states inter alia, ‘…All are equal before the law, and are entitled without any discrimination to equal protection of the law’ [Article 7].
CULPABILITY
Any death that does suggests ‘Unnatural Causes,’ there has always been the all important question of ‘Culpability.’ Though not necessarily easy, this can still be resolved by proper investigation into the circumstances surrounding the ‘Detention and Release.’ In the instant case, an important aspect of the investigation will most certainly be to ascertain whether or not the deceased was (i) ‘…Detained as constitutionally provides under the ‘State of Public Emergency.’ If so, why he may not have been kept safely detained at the official ‘Command Post’ he was reportedly taken and for reasons of accountability, officially processed [CO: 1981: Section 17 (i) (a)].
WHO STRANGLED BRUCE GREENAWAY?
Privileged information, a ‘Pathologist Report’ suggested ‘Strangulation’ as the ‘Cause of Death.’ Any person, who might be involved, whether directly or indirectly, shall be held ‘criminally responsible’ for his ‘unexplained demise.’ It is the professional experience that incidents like these, the shrewd investigators know that it is of paramount importance to conduct thorough and extensive investigations,’ particularly as it relates to the conduct of; (i) ‘…A Coroner’s Inquisition; or (ii) …Institution of Criminal proceedings.’ The all important question however, is; ‘…Who strangled Bruce Greenaway?’ Most importantly, as the pathologist’s ‘Report’ suggests a ‘Cause of Death’ as due to ‘Strangulation,’ ‘…Who shall be held culpable for his death?’
CULPABILITY
As far as an Inquisition is concerned, the ‘Coroners Act’ speaks to such ‘Causes’ this way, ‘…Unnatural Death’ includes every case of death of any person which; (a) ‘…Occurs in a sudden, violent or unnatural manner; (b) …Where a dead body is found; (c) …In which any reasonable suspicion exists that the death has not arisen from ‘Natural Causes;’ and (d) …In which reasonable suspicion exists that any person is criminally responsible for such death’ [Coroners’ Act: Chapter 105: Section 2]. There is hope in knowing what may have occurred on the night the deceased took the fateful walk onto the ‘Falmouth Public Road’ [April 9, 2020]. Where a death occurred ‘unnaturally,’ the ‘Coroners Act’ states, ‘…A Coroner shall hold an Inquest as to the cause and circumstances of such death’ [CA: Section 9].
CONSTITUTIONAL PROVISIONS
It is the professional knowledge that persons, whether lawfully or unlawfully detained under a ‘State of Public Emergency and Curfew’ are to be kept in the ‘safe custody of the detainer.’ Thus, persons acting in violation of a ‘Curfew’ shall not be released back onto the street and into the ‘restricted period of time’ they are required to be confined at their residences or places of abode as stipulated by the Regulations’ [SI: No. 27 of 2020: Section 2].
CONCLUSION
From a professional perspective, the decision to release a detainee ‘from the safe custody of a detainer,’ speaks to nothing short of; (a) ‘…Callous disregard for the mischief aimed in the Regulations; and (ii) …Lack of concern for the safety of the detained.’ In the existed situation, specifically under a; (i) ‘…State of Public Emergency; (ii) …Under Curfew restrictions; (iii) Enforcing Emergency Powers,’ releasing any ‘detainee’ from the safe custody of Security personnel, exposing him to foreseeable or unforeseen danger, speaks not only to gross dereliction of duty,’ but also negligence, capable of being described as ‘professional recklessness.’ Given the unfortunate tragic loss of life, it begs the questions; (i) ‘…What compelling reasons prompted or influenced the release of detainee Bruce Greenaway; (ii) …Who might be held accountable for such decision? (iii) Whether directly or indirectly, ‘…Who might be held culpable for the cold-blooded and senseless killing of Bruce Greenaway?’
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As usual great article Rawlston Pompey. It was not laced with your usual humour. But given the seriousness of the subject matter and the heinous crime that was committed, no person in his right mind would expect your usual humour. Great read.
Notes From A Native Son Of The Rock! “Everything can be explained to the people, on the single condition that you want them to understand.” ― Frantz Fanon, The Wretched of the Earth!
The Venerable RP, sleuth par excellence is most clear that: “Restrictions placed upon the citizenry, due to the lethality of the ‘Coronavirus,’ have changed the full enjoyment of ‘life and liberty.’ and, the decision to release a detainee ‘from the safe custody of a detainer,’ speaks to nothing short of; (a) ‘…Callous disregard for the mischief aimed in the Regulations; and (ii) …Lack of concern for the safety of the detained.’” RP 05/25/2020!
This mere voice in the wilderness, not burdened with the legal wig of Mi Gud Fren Charles Tabor, will ask of RP: will the “Detainers” seek an absolute shield behind the black robes of Qualified Immunity under the law given that “the ‘Controversial Regulations,’ appeared to have been unsuspectingly foisted upon ‘Health Minister Molwyn Joseph’ who affixed his signature.” and “the ‘Enforcing Emergency Powers’ might also be reckless” and may not have been completely repealed and replaced!
It is chilling to believe that, in this the International decade for People of African Descent 2015 – 2024 with the vicissitudes of “Rona and Covid” all about and under the cloak of Curfew that what Fanon wrote of in 1961 of Colonial Societies is being visited on the Independent Rock! “In the colonial countries, on the contrary, the policeman and the soldier, by their immediate presence and their frequent and direct action maintain contact with the native and advise him by means of rifle butts and napalm not to budge. It is obvious here that the agents of government speak the language of pure force” ― Frantz Fanon, The Wretched of the Earth!
“Oh Gad!” – Joanne Hillhouse! Say It ain’t so!
WELCOME BACK ‘JF’
As usual, a poetic way in commenting on critical issues.
Best wishes.
Now look at this I’m not seeing or hearing anybody comment on this or saying arrest who was last seen with the man.
But I keep seeing everyone jump up cussing the guy who got bail for the girl that I missing.
I see family members of Bruce cussing but where are they now?
They say the guy was last seen on camera with the girl and he was charged for murder.
So the soldiers were last seen with a guy for breaking his curfew then he was found strangled. Make noise for this
If a man was charged for murder with circumstantial evidence in the Vincia James matter, I put it to the Police Commissioner that he should not stop there but arrest all persons that was last seen with him prior to his death.
It is that simple….. No long explanation
It is not public knowledge that any of the officers involved was invited to the CID to give account for their activities while on duty the very day of the man’s disappearance.
I therefore conclude that the police has been negligent in their duties and seem to be supporting potentially key witnesses in the matter. I know the new radio personalities CDS of the ABDF and PC of RPFAB will distance themselves shortly.
Was he arrested simply because he was last seen with her, but due to a record of abuse?
OMG! Another prolonged intellectual masturbation exercise, just to air this disgruntled wannabe’s views on the legality of the covid related curfew. I prefer to, like the Hon. Chet Greene, demand an open and thorough investigation at te end of which the perp(s) feel the full weight of the law. Sorry, masturbator, this criminal act was the result of evil, heartless monster(s) and NOT the curfew that you are once again trying to raise as an issue. To the family and community of the deceased brother I offer, as all Antiguans do, heartfelt sympathy òn your immeasurable loss.
BRASS AND CYMBAL – PERVASIVE EMPTINESS
Nothing educationally to offer.
Sounding ‘Brass’ and tinkling ‘Cymbal.’
Even a ‘Dummy’ has learned something.
Better summed up this way, ‘…Pervasive Emptiness of mind and brain.’
Mr. Pompey as usual well written. Not sure your issue with the potion regarding use of force. Seems you are suggesting there need to be some added protection. Honestly think this issue is deeper than you suggest and actually calls for us to have a separate body which deals with issues of criminal conduct involving law enforcement (eg INDECOM in Jamaica). Don’t agree its a curfew act issue since we have faced similar problems (law enforcement abusing their powers) before curfew. Anyway Section 3 of the constitution makes clear that individual rights are:
“subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
life, liberty, security of the person, the enjoyment of property and the protection of the law;
freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.”
As you have said/implied, the person(s) who caused Mr. Bruce Greenaway to die must be dealt with. Looking forward to your future writings
Post colonialism? Fanon?
Lets see what the investigation produces. It concerns me that the security forces are so quiet. I think this is going to be bad. Somebody is going to get jailtime while somebody else will get fired. Have you ever heard of the Stanford Prison Experiment? Look it uo, you will be surprised.
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