COMMENTARY: Drafters Goof – Citizens Nightmare

By RAWLSTON POMPEY

There are people who believe that ‘Satan’ is on a mission to destroy humanity, and there are those who harbor no such belief. The day ‘Citizens Nightmare’ began, was undoubtedly, the day that; ‘…Governor General, His Excellency Sir Rodney Williams KCN, GCMG guided his function by the ‘executive advice of Prime Gaston Browne.’ Consequent upon the ‘Public Emergency’ provisions contained in the Constitution, His Excellency proclaimed a ‘State of Public Emergency’ [CO: 1981: Section 20]. This is the day that citizens looked up to the ‘Heavens,’ and asked ‘Why me Lord.’ It was the day that everyman, woman and child, including infants in arm, were ordered to be ‘confined to their residence’ [March, 26, 2020].

PHENOMENAL OCCURRENCES

Whether by ‘Satan’ or the ‘Devil,’ it would be passing strange that after ‘three days into the ‘…Eustace ‘Tiko; Lake-led CBH Board’s imposed Curfew’ (i) …Pastor Uriah Taylor was snatched from the Pulpit [March 29, 2020];’ and (ii) …Four days into the second Curfew, Falmouth resident Bruce Greenaway was reportedly snatched from the street [April 9, 2020]; and (iii) …Four days later, and the penultimate day of the second Curfew, his lifeless body was reportedly found at the Indian Creek beach’ [April 13, 2020]. Family members and other interest groups desirous of answers have been asking,‘What accounts for these Phenomenal Occurrences?’

ENCOUNTER – DETENTION – DEMISE

Given the extraordinary developments, in the interest of; (a) ‘…Transparency; (b) …Culpability; (c) …Accountability; and Justice,’ foremost in these are; (i) …Operational investigations by the High Command of the Security Forces; and (ii) …Criminal investigations.’ Most importantly, however, is the (iii) …Conduct of a Coroner’s Inquest.’ Should ‘prima evidence’ supports his lawful or unlawful ‘Detention and Demise,’ the relevant ‘Military and Civil authorities’ know that they are duty-bound to act ‘swiftly, appropriately and decisively.’ For now, family members of the deceased, residents of that community and members of the wider society, shall keep an open mind until such investigations and/or ‘Coroner’s Inquest are ‘completed and conducted.’​

DEVOLVED AUTHORITY

When the ‘Emergency Regulations’ took effect, it was the ‘Day’ that the ‘CBH Board’s Chairman’ effectively assumedresponsibility for ‘Internal Security.’ With ‘Devolved Authority’ upon the members of the ‘Board,’ this empoweredthem to make regulations under the ‘Public Health Act’ [Section 102: Chapter 353]. Consequently, by the imposition of a ‘Curfew,’ citizens were ordered to be confined to their residences [SI: No. 16 of 2020]. It can be reasonably inferred from the law itself. Though the ‘Eustace Tiko’ Lake-led CBH Board’ could not confirm that every citizen was afflicted with the ‘Coronavirus,’ in enforcing the regulations, force may have been used to aid removal to a place so identified by the ‘Board.’

MANDATORY CURFEW

In the current ‘State of Public Emergency’ and imposed‘Mandatory Curfew,’ such not only, means the ‘Suspension of the Constitution’ and the exercise of ‘Emergency Powers.’ The measures taken are intended to; (a) …Prevent; (b) …Control; and (c) …Contain’ the spread of the deadly ‘Coronavirus or ‘Covid-19.’ In the exercise of such powers it also means that there may be possible; (i) ‘…Abrogation; (ii) …Abridgement; and (iii) …Infringement’ of the ‘fundamental rights and freedoms of the individual’ [CO: 1981: Chapter II]. These will have occurred when by a ‘…Legal Fiction Statutory Instrument,’ Chairman of the ‘Central Board of Health (CBH), ‘Eustace ‘Tiko’ Lake-led 9-member Board,’ imposed an 8pm to 6amnation-wide Curfew’ on

THE LAW

Thus, in addressing persons afflicted with ‘Dangerous Infectious Diseases,’ the law states, ‘…The Board shall have the direction of all measures and may make regulations with regard to the control of any dangerous infectious disease for the following purposes; (a) …Restraint; (b) …Segregation; and (c) …Isolation of persons suffering from any dangerous infectious disease, or likely because of exposure to infection to suffer from any such disease’ [Section 102: Public Health Act: Chapter 353]. Even as this section authorizes the ‘CBH Board’to make regulations, ‘Parliament’ never intended that a ‘Body Corporate or Statutory Corporation’ to be devolved authority to restrict the ‘Freedom of Movement’ of citizens.

GOOFILY-DRAFTED REGULATIONS

In language that shall not have been misunderstood by any person with formal legal education, it appeared that there may have been professionally misinterpretation of the law. Yet, ‘Drafters’ were paraded on radio, thereby exposing an apparent lack of comprehension of the statutory provisions contained in the ‘Public Health Act’ [PHA: Chapter 353: Section 102]. For instance, ‘Drafters’ provided the ‘CBH Board’ with‘questionable authority’ through regulations drafted out of expediency.’ Supporting this contention is that which is specifically provided in the previously ‘GOOFILY-DRAFTED’and ministerially-signed regulations.

CABINET – AUTHORITATIVE ARM

From professional and Security perspectives, the more ‘Authoritative Arm of Governance’ would have been the ‘Cabinet.’ Under the guidance of; (i) …The Chief Medical Officer; (ii) …Defence Board; and (iii) …National Security Council,’ the ‘Executive’ would have been better informed and better positioned to make the decisions of a ‘Curfew and conditionalities’ to ensure compliance. Now, ‘God’ forbid that any ‘untoward incident’ shall occur, and dictates that a ‘Public Inquiry’ be held, ‘…Could blame be apportioned to the Chairman and members of the CBH Board’ for any eventuality occurred during the period of Curfew?’ As it stands, ‘Chairman Eustace ‘Tiko’ Lake,’ only runs the risk for some ‘bodily organ to flatter’ or for some ‘…bus wheel to run over his head.’ Then the citizenry may see exactly what was in it.

BOARD TO USE FORCE  

It was unthinkable that a ‘Statutory Board’ with a ‘civilian membership’ shall have been authorised to ‘Use Force’ against the civilian population. The regulations states; (i) ‘…The Board may by force, if necessary, enforce any Order given under these regulations. The regulations further states; ‘…A person who refuses to comply with an order given under these regulations may be taken into quarantine’ [Section 6: No. 16 of 2020]. Given the ‘CBH Board’s’ imposed Curfew, reasonable inferences may have been drawn that every citizen was to be deemed as being ‘…afflicted, exposed or likely to be so exposedto a dangerous infectious disease.’

DISCRETIONARY POWER v INERENT DISCRETIONARY POWER

The ‘Public Health Act’ speaks neither to ‘Curfew nor Criminal prosecutions.’ For instance, the ‘Act,’ provides forpersons infected with dangerous infectious diseases to be; (i) ‘…Restrained; (ii) …Segregated; and/or (iii) …Isolated’ [PHA: Section 102 (i) (a): Chapter 353]. While the ‘Penalty Section,’speaks to a ‘…fine not exceeding $500. 00’ [Section 177: PHA: Chapter 353].’ Such allows Magistrates to exercise a‘Discretionary Power,’ as opposed to their ‘Inherent Discretionary Power’ [PHA:  Section 102 (2)]. At a time when the protocol was ‘Social Distancing,’ it is sufficiently clear thatthe ‘Drafters’ intended that the jail shall be over-populated.

PUNISHINGLY HARSH

The regulations were made, without the benefit of a ‘Bill’ tabled in Parliament. The Parliamentarians have had their movement reduced to a ‘Curfew Passes.’ Moreover, the ‘CBH LegalDrafters,’ without offering opportunities to elected Parliamentarians to so debate, had carefully omitted the words in the penalty Section, that inter alia states, ‘…not exceeding $5, 000 or 6 months imprisonment.’ Then making the penalty ‘Punishingly Harsh,’ the ‘Drafters’ inserted, ‘…or to both such fine and imprisonment’ [SI’s: No.16 and 27 0f 2020]. These appear contrary to the Section under which the ‘previous and current regulations were made [PHA: Chapter 353: Section 102]. By these omission and insertion, ‘Magistrates’ in a ‘mixed-up mood’ could impose the full ‘Fixed Penalty’ on indigent defendants. Many of whom had been painfully‘struggling to buy a ‘…2 for $5.00 plastic bag of tangerines.’

DETENTION OF PERSONS

It is obvious that ‘Drafters’ had completely ignored the‘Emergency Powers’ available to the ‘Security Forces,’ as contained in the Constitution [CO: 1981: Section 17]. Such power speaks only to ‘…detention of persons’ under the ‘State of Public Emergency by Governor General, His Excellency Sir Rodney Williams KCN, GCMG’ [CO: 1981: Sections 20].When ‘Drafters’ inserted the ‘Use of Force by the CBH Board,’ they had been provided authority to act with impunity, if not with brutal or deadly consequences against violators of the‘Board’s imposed Curfew.’ The ‘Sore point’ under the‘Curfew,’ particularly as it affects exercising a ‘non-emergency power,’ has been the possible encounter with, and detention’ of ‘Falmouth resident, Bruce Greenaway’ and his ultimate demise. This could make the ‘Use of Force’ consequentially troubling, not only for the ‘CBH Board,’ but also for allconcerned.

GONE WILD

When the ‘Curfew’ took effect, that was the time ‘Satan’ appeared to have transformed a handful of members of the ‘Security Forces’ by implanting in their minds a mentality associated with the notoriety of ‘former Grenadian Prime Minister Sir Eric Matthew Gairy’s Mongoose Gang’ [1979-]. Given the ‘…CBH Board’s Regulations,’ the ‘Security Forces’ appeared to have ‘Gone Wild’ against the ‘non-compliant citizenry.’ This may have been evident by the mass arrests on the violators living on the ‘Edge of Poverty.’ Most knew that the ‘Pen’ was inescapable. For instance, by the time; (i)‘…Curfew Charges, improperly filed in the name of the Commissioner of Police; (ii) ...Were read to violators; (iii) …Ill-advisedly pleaded guilty; (iv) ...Slapped the Illegal Fixed Penalty of $5, 000 or 6 months imprisonment [See Public Health Act: Chapter 353: Section 177].

BEFORE SAYING TIKO

In the partial ‘CBH Curfew –8pm to 6am,’ by the time the clock struck ‘…8pm and onward to 6am,’ it appeared that was time the‘Devil’ had entered the hearts of a few members. Before‘Curfew violators,’ could say ‘Tiko’ and the ‘hour of 9am’ had arrived, those snatched overnight, most ‘with holes in theirpockets was standing timidly before the several ‘District Magistrates.’ They were all facing the ‘Fixed Penalty of $5, 000 or 6 months imprisonment [Section 7: No. 16 of 2020]. Many ‘Curfew offenders’ found out that the fine ordered to be paid‘forthwith,’ had made it possible for man to be served with ‘Midday Lunches’ in ‘Hell’ [March 27, 2020].

ADVICE: MEDICAL AUTHORITIES

It is to the knowledge that ‘Medical authorities,’ often render advice to the ‘Executive’ of any threat to the ‘National Health.’If it were not so, the ‘CBH Board members’ may have taken the place of ‘Chief Medical officers Dr. Rhonda Sealy-Thomas and Medical Director Dr. Albert Duncan,’ to flank ‘Health Minister Molwyn Joseph’ at his ‘Press Conferences.’ That which is professionally known, is that no ‘Chairman ormembers of a Body Statutory Corporation,’ has ever been so authorized to determine when to impose ‘Mandatory Curfews’upon the citizenry. It is also known that neither ‘Chief of Defence Staff (CDS) Colonel Telbert Benjamin,’ nor Commissioner of Police, Atlee Rodney is subordinate to the ‘Chairman and the 9-member Central Board of Health Board (CBH).’ Both officers respectively have ‘command and control’of the ‘Defence and Police Forces.’ The former ‘Commands’[Defence Act: No 10 of 2006: Section 174]; while the latter ‘Superintends’ [Police Act: Chapter 330: Section 6].

A DAY TO REMEMBER

When the ‘Spirit of God’ returned to the ‘Holy Sanctuary,’ the raucous and defiant chanting abated. It allowed for reasoning and a commonsense approach. Frayed nerves were calmed, and ‘Pastor Uriah Taylor’ was whisked away from the ‘Temple.’ This was not only the ‘Day’ that the ‘Lord hath made,’ but also ‘A Day To Remember;’ …a ‘Day’ when an innocent femaleinfant was baptized with ‘Holy Oil;’ ‘…a Day’ when some members of the ‘Security Forces’ reportedly exhibited behavior and tactics of ruffians; …a ‘Day’ when the ‘Lord’s Holy Temple’ was reportedly ‘Denigrated with Profanity;’ ‘…a Day’when Congregants stood united, and in ‘Spiritual Solidarity’with their troubled ‘Pastor;’ yet ‘…a Day’ when ‘Pastor Uriah Taylor’ was carted off to a Police lockup’ [March 29, 2020].

HUMILIATION AND INDIGNITIES

The focus, here and now, is on the ‘Humiliation and Indignities’ visited upon ‘Man-of-Cloth a religious leader andChurch Pastor Uriah Taylor.’ It was obvious that ‘Satan’ hadembarked upon disruptive journey across the nation. He had visited worshippers assembled in reverence for ‘Divine Service.’ One might say that when the Pastor, during a ‘Closing Prayer’was ‘Snatched’ from the Pulpit, there was no ‘Divine Intervention.’ It was the ‘Day’ when ‘…Non-compliant congregational and Social Distancing offenders’ were arrested [Sunday, March 29, 2020]. It was on that ‘Day’ that ‘Satan Cut Loose,’ and invaded the ‘Lord’s Holy Temple.’ On that ‘Day’members of the ‘Security Forces’ were accused of irreverently entering the ‘Bolans New Testament Church of God’(BNTCOG).

VIRUS OF DEATH

Congregants were not only gratefully happy to be ‘…rejoicing and glad to be in it,’ but also eternally happy to be alive. Then unannounced, the ‘Devil’ arrived, and as has often been the case, ‘All hell broke loose’ [Sunday, March 29, 2020]. Before being ‘Snatched’ from the ‘Temple,’ a social media video featured the boisterous voices of worshippers and the commotion that ensued. Though audible on Earth, it appeared that their voices may have been inaudible to reach ‘Heaven.’ That the ‘Good Lord’ may not have heard, as to have delivered them from the ‘Devil.’ As he was being removed, chaotic scenes reportedly broke out in the ‘Holy Temple.’

MARAUDING OFFICERS

The unwelcomed presence of the ‘Marauding Officers’ was not only considered provocative, but also the alleged profane language used, was offensive and most disrespectful and disgusted. They had shown total disregard to the ‘sacredness that the religious leader and congregants have accorded and observed in the ‘Lord’s Holy Temple.’ When it was alleged that a ‘Police officer’ shouted, ‘…Me say close the ‘f****ing Service,’ know that ‘Satan’ was speaking. Such profanity may also have provoked a response that may have been considered‘congregationally banal.’ This was reasonably believed to have been influenced by the ‘Evil spirit of Satan.’ Forced to bring the ‘Divine Service,’ Pastor Uriah Taylor reportedly invited worshippers to stand for the finality of prayers. Irrespective of closing prayer, law enforcement personnel had shown no tolerance for what they saw as a ‘Closing Prayer tactic of defiance.’

BREACHING PROTOCOLS

When law enforcement officers visited the ‘Lord’s Holy Temple,’ they reportedly met ‘Pastor Uriah Ralph’ along with an observed significant number of worshippers. He was clutching a guitar, used in accompaniment to the singing congregation. Congregants not only felt grievously disturbed, but outraged over the irreverent way they had approached the ‘Lord’s Holy Temple.’ Though not stipulated in the regulations, the ‘excess number of ‘25 congregants’ would have compromised the ‘6- feet Social Distancing’ suggested to the religious community by local authorities on the advice of medical officers concerned with the ‘Coronavirus or Covid-19.’These omissions in the regulations may have been among the observations pointed out to trial Magistrate Ngaio Emmanuel through the intervention of practicing attorney and ‘Defence Counsel Sherfield Bowen’ [March 30, 2020].

PASTORAL FUNCTIONS

Unsuspectingly, ‘Pastor Uriah Taylor’ was ‘Removed’ from his; (a) ‘…Pastoral Functions;’ (b) …Congregational flock; and (c) …The Lord’s Holy Temple.’ He was accused of ‘…Curfew Violations’ and subsequently slapped with two criminal charges. These included; (i) …Failing to comply with the limit of 25 persons in the ‘Lord’s Holy Temple; and (ii) …Failing to comply with the social distancing protocol of 6 feet.Instructively, neither the ‘specific number of 25 persons,’ nor the ‘specified distance of 6 feet’ was stipulated in the ‘…principal ministerial-made regulations. The omissions from the regulations, appear bad for any successful prosecutions, and eliminate any ‘…reasonable prospect of criminal convictions.’The other worshipper to be snatched and removed was congregant, ‘Alton Stoner.’

HOLY GHOST FIRE

Those ordering an end to the ‘Lord’s Prayer,’ shall ‘…Wait upon the Lord.’ The congregants, no doubt, may have been quietly praying that the ‘Holy Ghost Fire’ could suddenly descend upontheir sin-filled souls and engulfed them in fire. There was apparently no time for any prayer to reach up to ‘Heaven,’ as the ‘Pastor Uriah Taylor.’ He was reportedly grabbed, yet offered no resistance of the stronghold of the lawmen. They relieved him of the microphone he had in his possession to conduct the ‘Closing Prayer.’ It appeared that at that time the ‘Spirit of God,’ had left the ‘Holy Temple.’

CRIMINAL PROSECUTION

To the congregants of ‘Bolans New Testament Church of God (BNTCOG),’ ‘Pastor Uriah Taylor’ was a ‘Man of God.’ He was seen as religious leader, faithful, spiritually, and in their eyes of morally high repute. In the eyes of the law, he was seen as spiritually strong and resolute in his faith. That which had suddenly confronted them, had united them and thus, they seemed resigned to accepting a fate of ‘Spiritual Persecution or Criminal Prosecution,’ or both, in the service of the ‘Lord.’Thus, with disguised subtleness of defiance, he shall take a stance against the ‘Devil.’ To the lawmen, under the declared ‘State of Public Emergency,’ he was to be ‘humble or humiliated’ or made meek and mild and forced into complete submission.

SNATCHED FROM PULPIT

That was still not all. When ‘Pastor Uriah Taylor’ stood at the Pulpit and called the ‘assembled congregation’ to order to commence ‘Sunday’s Divine Service’ [March 29, 2020], except for regular congregants; …an innocent infant in arm, parents and Godparents, he had not the faintest idea who else may enter therein. As the doors to the ‘Sacred Sanctuary’ were thrown opened, congregants and visitors entered. After a little while into the Church Service, he was ‘Snatched from the Pulpit.’ The ‘Devil’ not only appeared to have entered the ‘Sanctuary,’ but also into the hearts of the congregants, triggering defiant chants[Sunday: March 29, 2020].

CHANTING FRENZY

Since prayer may not have been sufficient to keep the ‘Devil’out of the ‘Lord’s Holy Temple,’ and sometimes never seemed to get quickly to ‘Heaven’ in times of ‘Great Tribulations,’ the weapon of choice was repeated congregational chanting. Unlike incensed congregants who reportedly went into ‘Chanting Frenzy,’ he reportedly offered no fight with the officers or the ‘Devil.’ Congregants may have been paving the way to descend into hell. From the situation that had developed, except for the‘innocent little female infant in arm,’ it seemed unlikely thatworshippers intended to enter through the ‘Pearly White Gate to Heaven.’ It may have been possible to see ‘Houdini,’illusionised ‘…an elephant walking through the eye of a needle.’

TOUCH NOT

That which ‘Pastor Uriah Taylor’ may not have readily known was that when he stepped into ‘God’s Holy Sanctuary,’ he would have been subjected to indignities, often experienced by those known with propensities of wreaking havoc on society.When he was reportedly ordered to disperse congregants, among them was ‘an innocent infant in arm’ on whose forehead, he had gently placed his ‘Holy-Oiled finger,’ in spiritualizing her ‘Holy Baptism.’ This order had incensed congregants, thereby spurring a ‘temper tantrum.’ The officers were not to, ‘Touch the Lord’s anointed.’ Satan fools and God rules. No ‘Devil or imps’ were going to ‘Steal or spoil their joy.’ No Sah!

DEVIL MUST GO

As seen in a social media video, it was obvious that, without or without, Pastor Uriah Taylor; sanction or no sanction, congregants vociferously chanted ‘The Devil must go.’ This vividly brings to mind a provocative parliamentary chant ‘…Baldwin Must Go.’ The lead chanter was current ‘Prime Minister Gaston Browne.’ Then a Member of Her ‘Majesty’s Loyal Parliamentary Opposition,’ House Speaker D. Gisele Isaac appeared to have ‘mashed his corn.’ Triggering a chain-reaction, a ‘chaotic parliamentary Chant’ erupted in the public gallery. After the ‘Baldwin Spencer-led parliamentary colleague won a resounding ‘Ayes Votes’ in the House membership, it was ‘Gaston who had to go’ [Montserrat Reporter: June 16, 2010].

STRENGTH AND SHIELD

It was a time of great tribulation, dismay and distress. Neither the Pastor, nor congregations had time to consider singing the hymn, ‘…In times like these, I need a Savior.’ Worshippers had not only prepared to show the ‘Satan,’ who is God,’ but also and who is ‘Mightier than the ‘Devil.’ They were aware of the‘Unseen Presence of God,’ and allowed such ‘Unseen Presence’ to be felt. They had long accepted ‘Him’ as ‘…Lord; …Protector and Provider.’ In their eyes and hearts, ‘He’ was ‘King of Kings’ and their ‘Strength and Shield.’ He is‘Counselor; …Prince of Peace and Mighty and EverlastingFather.’ Be they minions or imps,’ they were to be defeated by ‘God Children.’ The congregants reportedly chanted ‘Touch not the Lord’s anointed.’

CONCLUSION

By the time the chaos and confusion was over, the ‘Devil’ had picked up the ‘Souls’ of the ‘religious leader and Church Pastor Uriah Taylor and congregants; (i) …Alton Stoner; (ii) …Eric Rattary; and (iii) …Jennifer Kenton.’ They were all slapped with ‘Summary Charges’ of; (a) …Obstructing Police; (b) …Beating Police; and (c) …Resisting Police.’ These occurred when seemingly, the ‘congregational flock,’ attempted to rescue the ‘Pastoral Lamb’ from the ‘Wrath of Satan.’ The principal regulations made by ‘Health Minister Molwyn Joseph,’ were eventually replaced, with ‘Regulation 5A repealed’ [No.27 of 2020]. It has been the professional knowledge and prosecutorial experience that a defendant opting to plead guilty to a ‘Summary offence,’ an adjudicator has the ‘Magisterial Power’ to grant bail or remand such defendant,with or without taking the facts of the case. Invariably, this was done, either to await a ‘Social Inquiry Report’ and/or to givecareful consideration to an appropriate penalty. Notwithstanding the apparent ‘Ill-advised Guilty Pleas by Pastor Uriah Taylor,’there could be ‘Serious prosecutorial challenges,’ as it affects;(a) …Constitutional provisions that provide only for ‘…Detention- deprivation of liberty; and …Restrictions on freedom of movement’ [CO: 1981].’

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