COMMENTARY: Murdered Nephew – Anguished Aunt – Insane Justice Last Day of Bruce Greenaway

By Rawlston Pompey 

Research for this commentary has revealed some startling revelations. Reader’s discretion is advised. To those that have allegedly and suspectedly tortured and murdered ‘Bruce Greenaway,’ their hands shall forever be stained with his innocent blood; Their minds shall feel the harrowing experience of his choking death; There shall be no spirit, nor conscience; Their hearts shall be in non-ceasing turpitude; while Their Souls shall face everlasting purgatory.’ They shall know that hell itself, is FURY. Thus, it does not allow for rest and sleep for ‘Coldblooded Murderers.’ DEDICATED to his children; aunt, Lolita Greenaway-Camacho, and Corporal Anderson Watt.’

MURDERED UNCLE

The latter, his nephew, reportedly, painstakingly and anxiously called around to places that he shall have been taken. He called (i) ‘Police Stations; and (ii) Detention Centers’ to ascertain the whereabouts of his ‘Detained and Murdered Uncle’ [April 9, 2020]. The only place he had not called was ‘Falmouth Harbour Marina.’ He knew that the ‘Russian Yacht Alfa Nero’ got no ‘Clearance,’ neither from ‘Customs officer, Dion Pell,’ nor ‘Port Manager, Darwin Telemaque.’ He also knew that ‘Billionaire buyer, ‘Eric Schmidt,’ was advised, that ‘Alfa Nero,’ was too far away, to release any kind of currency, including the ‘Peso’ (Currency of Santo Domingo currency). Billionaire brute, seemed afraid of a ‘Russian Torpedo.’ Not prepared to lose neither ‘…Alfa; …Nero,’ nor …Peso’ (Jus ah ‘Lil’ bit ah humah-Vernacular).

FATEFUL NIGHT

The ‘Fateful Night’ two of his professional colleagues had; (a) Contact; and (b) Custody’ of him’ [April 9, 2020]. What Jury shall not have known of what they did after he was; (i) ‘Witnessed being ‘Arrested by Sergeant of Police, Clint Spencer; (ii) Recklessly placed into ‘Military Custody of ‘an unsupervised ABDF Lance Corporal, Shakiel Thomas 25,’ to be ‘Detained Nowhere.’ If these are not ‘Evidence of Circumstances,’ that led up to a ‘Presumption of the ‘FACT- MURDER’ (Pathologist Report-Dr. Lester Simon), then the author’s professional training, knowledge and practical experience in; (a) ‘Criminal Investigations; and (b) Criminal Evidence and Procedure; and (c) Police Criminal Prosecutions,’ are worth nothing. DEDICATED to ‘Criminal Justice.’

PILLARS OF JUSTICE

A ‘Judicial Decision’ to end the trial of ‘4-State-Security Forces Personnel,’ has not only shook the nation, but also seemed to have fractured the ‘Pillars of Justice.’ While public officials quietly denounced the snuffing-out of the lives of people- dominant caucasian and the ethnic in the ‘United States and France,’ provoking widespread disquiet, the ‘Conscience and Reason’ of the Judiciary, appeared to have been eaten by maggots. Compounding this, has been incessant ‘Calls for, and denial of Justice.’ Dedicated to the benefit of knowledge of all ‘ANR’s followers, including, ‘Phillip Abbott and Bishop Charlesworth Browne.’

UNDESERVEDLY VIOLENT DEATH

The ‘Deceased Detainee, neither made threat, nor actually inflicted violence ‘Against the Person,’ or committed any act involving ‘Property.’ Yet he was reportedly taken into the ‘Custody’ of Police and Military personnel. Then, as ‘an Undocumented Detainee,’ he came to an undeservedly violent death’ [April 9-13, 2020]. This not only offended the constitutional guarantee against the ‘Deprivation of Life,’ but has also shown utter disregard to the ‘Sanctity of Life.’ Seemingly shattering the grieving family’s ‘Sense of Hope and Justice,’ was a ‘Criminal Justice System,’ showing no recognition to the concept-Justice.’ In dismay, it shows that this system knows nothing called; (a) ‘Sense of Hope;’ (b) Sense of Fair Trial; and (c) Sense of Justice.’

ESCAPING DEATH

Some ‘Systems’ either work for the ‘Common man or woman’ or against him/her. Finding himself in the custody of three apparent vicious ‘Soldiers,’ one of whom a female; and (b) One Cop, that seemed to have rapidly gained notoriety. The ‘Detainee,’ inescapably held and overwhelmingly subdued, had no way of ‘Escaping Death.’ There were things that may have militated against his ‘Safety and protection; (i) Area Military Outpost was located, and distant surrounding residences; (ii) Dense vegetation; (iii) Intense darkness and dreariness; and (iv) No one to hear neither a frantic voice, nor despairing cry.’

INSTRUCTIONAL VERDICT

Though the ‘4-Murder-Accused’ were indicted, the ‘Quartet’ have escaped the ‘True Verdict of the Jury.’ This came when the ‘Trial Judge, Justice Colin Williams upheld 4-No Case to Answer Submissions’ [June 21, 2023]. The decision to direct the Jury to deliver an instructional ‘Not Guilty Verdict’ in favor of the ‘4-Murder-Acused,’ has outraged the ‘Public Conscience.’ This saw widespread angry public dissent.

STORM OF PUBLIC CRITICISM

While a wide cross-section of the society went for the ‘Testicles’ (verbally), of ‘Criminal Assize Trial Judge,’ His Lordship, Justice Colin Williams,’ others aimed at the ‘Jugular Vein.’ Yet showing and expressing no displeasure over the ‘Storm of Public Criticism,’ ‘His Lordship’ continued to discharge his adjudicating functions as he judicially knew it. Even so, and whether rightly or wrongly, the angry outbursts by an aggrieved populace, saw the ‘Instructional Verdict’ as a ‘Travesty to Criminal Justice.’

INSTINCTIVE VICIOUSNESS

It shall now be said, that those that have been fingered in the ‘Strangled-Murder of Bruce Greenaway,’ shall know that should they; (i) ‘Retain their careers; ((ii) Remain in their respective positions; and (iii) Maintain their sanity,’ ‘In time to come’ [Social Commentator: Crazy], their minds shall be a haunting memory. Research has revealed the unthinkable. Privilege information suggest that likened to the ‘Instinctive Viciousness’ of a ‘Man-Attacking Bengali Tiger,’ the Deceased Detainee’ was allegedly; ‘Handcuffed; Rifle-butted; Brutally fist-pummeled,’ then mercilessly ‘Strangled’ the ‘Detainee to Death,’ his body was disposed to disguise ‘Murder with Drowning’ [April 9-13, 2020].

CRABS AND HUMANS

Jestingly, it has been said, yet factually, that if a crab does not crawl from its hole, it may not get fat.’ This, to the core, is irrefutably true. Since no one go to feed ‘Crabs,’ they must crawl in search of food. Conversely, ‘In a ‘State of Public Emergency’ and under imposition of a ‘Period of Curfew,’ not even ‘Crabs’ citizens must leave their homes to obtain. Frequently, when ‘Crabs’ crawled from the safety of their holes many have found themselves in crab hunter’s bags. Then unknowingly and unsuspectingly, to be consumed as a ‘Delicacy,’ some have perilously found themselves in pots. Food or no food, ‘Humans’ violating a ‘Curfew’ could find themselves in a ‘Soldier-Crab Shell.’

CRABS AND SOLDIERS

In the Falmouth community, the only place that; ‘Visitors; Sailors; Soldiers and Soldier Crabs’ may shop for ‘Liquors and Liqueurs,’ may have been the well-known ‘Crab Hole Liquor Store.’ During the ‘Mandatory-imposed ‘Dusk-to-Dawn’ Curfew,’ such was nether restricted to visitations to ‘Crabs and Soldiers.’ Those in the marshes, could easily have crawled from their holes and go anywhere around any ‘Liquor Store’ from ‘Freetown; to Five Islands; to ‘Falmouth,’ only to catch Crabs.’ Crab hunters know that the easiest time to catch crabs, was when they instinctively crawled from their holes.

TRAGIC TRANSITION

The Deceased was not a ‘Crab Hunter.’ Thus, if as those claiming to be the last to see him alive, what prevents a ‘Jury,’ properly directed by a Trial Judge’ from believing that they also saw him dead. ‘Detainers may have visited the ‘Falmouth Yacht Marina’ to take a pleasurable look at the ‘Alfa Nero.’ Though they may not have known each other before the ‘Tragic Transition,’ whenever, and wherever they may meet, when he transitioned, he might curiously ask; ‘Seller of the ‘Luxurious Russian-owned Superyacht, Port Manager Darwin Telemaque,’ ‘Has the whopping ‘Online-offer’ of US$67, 000, 677 million by ‘Billionaire ‘Eric Schmidt’ been paid as yet?’ He may not ask him anything about ‘Moiety.’

SUSPECTEDLY MURDERED

Four days after being detained/arrested by members of the ‘Security Forces,’ these were not only confirmed, but also reflects the ‘Harsh Realities of Life.’ A family, plunged into deep sorrow and grief,’ heard of the horrible death of loved one. The father of two children, ‘ages 25 and 16,’ had been ‘Suspectedly Murdered’ [April 13, 2020]. Subsequently, this was confirmed by notable ‘Pathologist, Dr. Lester Simon.’ Responding to media query; ‘Public Safety and Police Minister, Steadroy ‘Cutie’ Benjamin’ had acknowledging that he was; ‘Aware of preliminary investigation into the matter’ [PointeXpress: May 25, 2020].

BRUCE GREENAWAY: NOT ACCOUNTED FOR AT POLICE STATION

Not listed anywhere at a ‘Police Station Holding Cell’ or at a Police/Military-manned Detention Center,’ and ‘Not Properly Accounted For,’ a ‘Commissioner of Police and a Defence Force Commander,’ may have been awkwardly positioned to ‘Provide Answers.’ Such answers seek to address concerns over; (i) ‘The detention; (ii) Release; or (iii) Disappearance; and (iii) Strangulation Murder of ‘Bruce Greenaway’ [April 9 –13, 2020]. Seemingly, tried as they may; Called as they may, even when technology allows for ‘Miss Calls’ to be listed and reviewed, ‘Not for a Bull’s Foot,’ Media personnel could have reached ‘Commissioner of Police, Atlee Rodney QPM.’

PERJURY BEFORE JURY

It shall be said that in hell, there shall be daily ‘Baptism of Fire’ for; (i) ‘Those that committed Murder; (ii) Those that committed a ‘Misprision of a Felony: and (iii) Those that committed ‘Perjury Before the Jury.’ The Detainee,’ battered and bruised, was reportedly ‘Choked to Death.’ These are clearly not ‘Medical Terms,’ and certainly not the descriptive expressions of ‘Pathologist Dr. Lester Simon.’ That which a ‘Civic Duty’ to the society required him to do as an expert, was simply to determine the ‘Cause of Death.’ That which shall now be said, is that on Earth, there shall be no empathy, neither from nation, family or citizenry.’

EVERLASTING FIERY TORMENT

It shall not please ‘Lucifer,’ to allow for rest in hell, nor sleep for more than ‘One Degree. Should it be so allowed, in their dreams, they shall see the frightening peering fiery eyes of man-eating dragons. They shall be repeatedly punished in burning fire, lit by the ‘Lucifer,’ interchangeably called ‘Satan; and the Devil.’ Their deeds shall be recorded as Evil; Their ‘Souls’ shall have no peace, but subject to ‘Everlasting Fiery Torment.’ dedicated to the memory of; (i) ‘Sergeant of Police, Clint Spencer: and (ii) Inspector of Police, Edwin Browne,’ as well as seized of pertinent-withheld information.

COMMON/NATIONAL GOOD

In this constitutional democracy, be it in a: (a) ‘State of Normalcy; or (b) State of Public Emergency,’ Judges, shall never be seen as starved for understanding of that which, likened to many citizens, woefully lacked comprehension. That which was well known, is that in a ‘State of Public Emergency,’ especially adopted measures haves invariably impacted both ‘Liberty and Freedom of Movement’ of the citizenry. While in a ‘State of Normalcy,’ there are guarantees and avenues for redress, the ‘Constitution Order’ does provide for temporary restrictions on movement and congregating. Dependent upon the situation at hand, such measures are not only enforceable, but also solely intended for the ‘Common and National Good.’

STATE CUSTODIANS

This often comes when a ‘Period of Curfew,’ (except for those providing essential services), was imposed upon the citizenry. Those making regulations, may exempt certain categories of persons that may be given ‘Special Privileges,’ by the issuance of ‘Cards.’ Even so, some members of the ‘Security Forces,’ may still behave ‘aggressively hostile, uncouth, indiscrete and inconsiderate.’ These appeared to have been most evident. It cannot be denied such was occasioned during the specific ‘Period of Curfew,’ when he shall have been in the safe custody of ‘State Custodians.’

ABUSES AND EXCESSES

The apparent harrowing experiences of ‘Detainee Bruce Greenaway,’ breath-panting and horrible choking death, appear reminiscent of the ‘Horrifying Death’ of ‘Monique Ramsay who was ‘Strangled to Death [June 1994]. Irrespective of where one stood on ‘Emergency Detention,’ ‘Fundamental Rights and Freedoms’ are still guaranteed by the ‘Constitution Order.’ Even so, under ‘Royal Proclamation of Public Emergency,’ and though not necessarily lawful, these are likely to be subjected to ‘Abuses and Excesses’ by errant and unsupervised members of the ‘Security Forces.’

VICTIM OF STATE VIOLENCE

The citizenry has no more accepted the ‘Constitutional Guarantees,’ provided for the protection their ‘Fundamental Rights and Freedoms of the Individual’ in the State of Normalcy,’ but also temporary measures taken that may necessarily affect them, during a ‘State of Public Emergency.’ That which the people have not accepted, has been the overly-aggressive attitude and violent behavior of some members of the ‘Security Forces.’ When the combined ‘Security Forces of the ‘Antigua and Barbuda Defence Force (ABDF)’ and the Royal Police Force of Antigua and Barbuda (RPAB)’ reportedly detained the Falmouth resident, such was done under a ‘State of Public Emergency.’

LIGHTNING AND THUNDER

A male Soldier who was reportedly present, may have been self-restrained by prudence,’ avoided intervention. Had there been no apparent corruptible ‘Law enforcement’ causing ‘Initial Incident Reports’ to be discarded, the ‘Jury’ may have been perplexed with ‘Shocked and Awe.’ If not ‘Dismay and Disbelief.’ Research revealed that with restrictive handcuffed at the dreary and isolated ‘Military Outpost,’ blows rein down more than ‘Lightning and Thunder.’ Though heavily armed, the investigator may have been given allegations that the ‘Deceased Detainee’ had attacked the ‘4-Murder-Accused; (b) That in defence of themselves, they forcefully subdued by the ‘Butts’ of their Service Weapons.’ That which their ‘Individual Incident Report’ will not have contained, was him/her that applied the ‘Choke of Death’ [April 9-13, 2020].

NOTIFICATION

Instructively, and to all intents and purposes, those enforcing ‘Emergency Law,’ appeared to have shown contempt to the ‘Supreme Law-Constitution Order.’ The most ‘Fundamental Provision,’ to be found in the ‘Constitution Order,’ states for the ‘Police and National Security Ministers to know that not more than 7 days after the commencement of his/her ‘Detention,’ a ‘Notification’ shall be published in the ‘Official Gazette,’ that he/she has been detained and giving particulars of the provision of Law under which his/her detention is authorized’ [CO: 1981: Section 17 (1) (b)]. This provision appeared never to have been observed.

ADVERSE RULINGS

The close of the Case for the Prosecution’ after an overly-lengthy ‘90-day Jury Trial,’ heard ‘Legal Arguments’ advanced by a ‘Battery of Attorneys.’ These were reported to be in the persona of; (i) ‘Wendell Robinson; (ii) Lawrence Daniels; (iii) Sherfield Bowen; and (iv) Andrew O’Kola.’  The ‘4-Submissions of No Case to Answer,’ saw ‘4-Adverse Rulings’ going to ‘Crown Prosecutor Volston Graham.’ Whether Justice or injustice,’ the Murder trial was brought to a pre-mature end. This saw the ‘4-Military and Police personnel, indicted on a jointly-charged Murder-Accused being discharged by the Court.’

DEFENCE STRATEGY: NO CASE SUBMISSION

The ‘Defence’s ‘No Case to Answer Strategy,’ saw the upholding of four ‘No Case to Answer Submissions.’ This has sparked controversies of one kind or another. In separate pre-trial instructions, each attorney advance their own ‘Legal Arguments’ on behalf of the murder-indicted accused. Those that stood indicted were; (i) ‘Senior Police Constable Jason Modeste 44: and (ii) Antigua and Barbuda Defence Force (ABDF), Lance Corporal Shakiel Thomas 25; along with Privates (iii) Amal Warner 20; and (iv) Aliyah Martin 20’ [June 23, 2023].

FRAUGHT WITH DANGER

According to grieving families; a painfully angered community. a greatly outraged society; and deeply perturbed public officials, these they saw the discharge of the ‘4-Murder-Accused, as ‘Insane Justice.’ They were forced to reflect upon the ‘Painful Memories.’ They speak most sadly and sorrowfully; and mourningly and grievingly’ to; (a) ‘The lawful or unlawful undocumented detention; (b) Undocumented and suspect release; and (c) Murder of Bruce Greenaway.’ Such apparent ‘Inexplicable Release,’ shall not only have been seen as ‘Fraught with Danger’ to the ‘health safety and protection of the ‘Detainee, but also provoked suspicion of reasons of obscurity.

LEGITIMATE REASONS

Falmouth resident, ‘Bruce Greenaway,’ reported ‘Detention’ could only have been for two ‘Legitimate Reasons; (i) ‘Preventing exposure to, or contracting or spreading of the COVID-19 virus; and (ii) For breaching the ‘Mandatory Curfew. Keeping him in protective custody.’ The ‘State of Public Emergency’ so dictated [April 9, 2020]. The citizenry had not only faced and endured ‘Endless Miseries.’ Security Forces members were reported to have; (a) ‘Wrestled with congregants and residents on their private properties and Church’ (Military/Police); (b) Devilishly snatched Pastor Taylor and congregants from their Bolans Church Sanctuary’ [March 29, 2020].

MISCHIEF AIMED

Given the ‘Mischief Aimed’ in the ‘Emergency Regulations,’ a person ‘Lawfully Detained’ shall not; (i) ‘Be released back into the community to be exposed to the ‘Dangerous Infectious Disease; and (ii) Be placed back into the ‘Curfew Period’ to face further ‘Peril of Detention.’ Therefore, when an arresting ‘Sergeant of Police,’ by ‘Punishable Negligence,’ placed into the ‘Custody’ of ‘an ABDF Lance Corporal,’ a ‘Lawfully-detained person and subsequently, the ‘Detainee’s lifeless body is discovered elsewhere.

RECKLESS EXPOSURE

Apparent ‘Criminally Gross Negligence; Reckless, suspicious and a ‘Questionable Release’ of ‘Detainee Bruce, Greenaway 43,’ into the ‘Mandatory ‘Dusk-To-Dawn’ Curfew,’ with possible ‘Reckless Exposure’ to health danger posed by the ‘Dangerous Infectious Disease-COVID-19,’ have brought; (a) ‘Grief to his family; and (b) Prosecutorial miseries upon three youthful Soldiers and a Police Constable, marginally over his primary years. Had it been an anatomical exhibition, it may have been considered ‘Indecent Exposure.’ Still, there may have been no offence, had it been the female Soldier and certainly no reason for the Detainee to complain, had he been alive.

ACT OR OMISSION

Those familiar with the ‘Definition of Crime’ and ‘Crime Definitions’ might be well-positioned to make two distinctions. For brevity and clarity of understanding, the former speaks to ‘Act or Omission.’ The former necessarily means; (a) ‘Doing ‘an Unlawful Act,’ while the latter means ‘Neglecting’ to perform a lawful duty. For instance, when a person is accused of stealing another’s property without a claim of right, and inclusive of the other ‘Legal Points to Prove,’ such constitutes ‘an Unlawful Act.’ Conversely, specific to Law enforcement personnel, ‘Willfully Neglects’ to perform his/her duty, that is to say; Fails to report any matter which is his duty to report,’ he/she commits a breach of discipline [Police Discipline: ‘D’ (vi): Police Act: Chapter 330].

DEPRIVATION OF LIBERTY

The ‘Constitution Order’ speaks to two courses of action by ‘State Law enforcers; (i) ‘Arrest; or (ii) Detention.’ It was for very good reasons that the ‘Constitution’ states; ‘No person shall be deprived of his personal liberty save as may be authorize by law. It sets out several circumstances under which deprivation may take place. Thus, in the ‘State of Normalcy,’ a citizen might be ‘Arrested’ or Detained’ by ‘Law Enforcers,’ only on ‘Reasonable Suspicion’ of having committed a felony or seen committing or about to commit a crime or offence’ [CO: 1981: Section 5 (1) (i)].

CRIMINALLY-SUSPECTED PERSON

Though he came to his demise under a ‘State of Public Emergency,’ the ‘Deceased, Bruce Greenaway,’ appeared not to have been a ‘Criminally-Suspected Person.’ The ‘Emergency Measures’ were in response to the rapid spread of the world’s most contagious and deadly ‘Corona Virus-19 Pandemic’ this century [March 29, 2020]. That which may not have been discernible to the father of two children was that the walk was risky, yet he had not the slightest of knowledge that he would have been taking the ‘Final Walk Before Death’ [April 9, 2020].

PRESUMPTION OF THE FACT

From professional understanding, such speaks unquestionably to ‘Circumstantial Evidence.’ That which the ‘Not-So-Daft’ criminal investigators have been taught of this concept, is that they shall also unearth ‘Evidence of Circumstances’ leading to a ‘Presumption of the Fact.’ Thus, when ‘Police Sergeant Clint Spencer’ acknowledged that he ‘Arrested or Detained Bruce Greenaway’ and placed him into the ‘Custody of ABDF Lance Corporal Shakiel Thomas,’ he shall have directed him to deliver him to the ‘Nearest Police Station.’ Since the period was one of ‘Public Emergency,’ he shall have known that though not in his ‘Actual Custody,’ he was still in his ‘Constructive Custody.’

CURFEW AND COVID – RECKLESS ACTIONS

The members of the ‘Security Forces’ have reportedly admitted they were the last people to see him alive. They shall have ‘Foreseen Consequences’ of their clearly ‘Reckless Actions.’ Criminal Assize Judges, need no reminder of that which the law makes sufficiently clear to all a sundry. Likened to those to be ‘Protected and Served,’ members of the ‘Security Forces’ shall always be mindful of ‘Foreseeing Consequences’ of actions that may bring grief. Though very unlikely, as ‘Dead Man Tells No Tale;’ with hesitated acceptance that the ‘Murder-Accused Quartet,’ factually released ‘Bruce Greenaway’ back into ‘Curfew and COVID,’ then the questions shall rightly be asked of the ‘Quartet;’ (i) ‘Was he issued with a Pass Card? and (ii) Was he immunized to contraction?

IMPUNITY OF ABUSE

Consequent Except upon the ‘Impunity of Abuse,’ it saw a significant ‘Cashflow into the Treasury; and Prison population growth. Still, none may deny that the ‘Regulations’ were intended only for the protection of the ‘National Health.’ The authorities sought, inter alia to; (a) ‘Control the spread of the deadly ‘Corona Virus; (b) Restrict citizen movement; while (c) The ‘Mandatory ‘Dusk-To-Dawn’ Curfew’ was to have the same effect.’ The alleged ‘State Agencies Abuses’ were never intended, when ‘Governor General, His Excellency, Sir Rodney Errey Williams KGN, GCMG, MBBS’ issued the ‘State of Public Emergency’ [March 25, 2020

FUNDAMENTAL RIGHTS/FREEDOM

The citizenry knew that the ‘National Health’ was under serious threat by the uninvited and unwanted visitation’ upon the nation by the ‘Dangerous Contagious Disease-COVID-19.’ Such disease posed a serious threat to the health of all a sundry. Some members of these ‘State Agencies’ appeared to have savored the ‘Night Patrol’ for the purposes of perpetrating atrocities inclusive of: (a) ‘Detention: (b) Inflicting merciless brutal punishment on detainees.

JUDICIALLY AND JUDICIOUSLY GUIDED

There were also (c) Untraced disappearances; and (c) Heinous Murders.’ That which Judges shall understand is that in a ‘State of Public Emergency,’ nothing is ordinarily done and nothing is done normally. As far as was known, sittings of ‘Constitutional Courts’ must recess themselves. Thus, those ‘Enforcing Emergency Law’ and administrators of justice, shall be constitutionally-minded and in their judicial functions, shall be judiciously guided.’  The provisions contained in the Constitution’ remain active, but only to the extent the ‘Public Emergency’ ceases to exist, and a ‘State of Normalcy’ is re-established.

LAST DAY: LAST PERSONS SEEING HIM ALIVE

The Last Day,’ Falmouth resident, ‘Bruce Greenaway’ may have seen the surrounding harbours with several luxurious pleasure yachts, either anchored or berthed in the historic ‘Nelson’s Dockyard’ and Falmouth Harbor.’ The ‘Last Persons’ that claimed to have seen him alive, were ‘4-members of the ‘Security Forces’ [April 9, 2020]. Those that may have been the subject of criminal prosecutions may not necessarily have been. Logic dictates that if they have claimed to have been the ‘Last Persons,’ then they ‘Reasonably’ would have been Suspected of Murdering him. This has always been the thinking of criminal investigators, until the contrary is proved. This was usually done by a particular line of interrogation and/or criminal prosecutions.

SOME PROSECUTORIAL QUESTIONS

From a personal investigative and prosecutorial perspective, a JURY OF PEERS shall have been allowed to hear from those that ‘Last Seen the Detainee Alive.’ Thus, a ‘Crown Prosecutor may have ‘Crossed Examined,’ perhaps along these lines: (i) ‘Where was he seen alive? (ii) Do you know how he got there? (ii) If you know, can you tell the Court/Jury, who, if anyone walked with, or drove him to the place he was last seen alive by you? Then these might be posed to him; (iv) Are you a Military or Police officer? (v) Can you say where you are attached, assigned or posted? (vi) Was he ever in your custody? (vii) Can you say how he came into your custody? (vii) Can you say what for? (ix) Was he held at any particular place? (x) Were there other persons at the place held? Were there Military, Police or civilians present at holding place? (xi) Was a record kept of his detention or release from your custody?’

COLLECTIVE CUSTODY

Right there they would been hedging and hesitating. In some case, there is ‘Collective Custody.’ The instant case, speaks to this concept. The following paragraphs would show just why. The conversations were most gripping and compelling.’ Firstly, she expressed great disappointment at the way the trial of the ‘4 members of the Security Forces’ ended. Indicted for the murder of her nephew, she saw the ‘Jury Trial’ ended on ‘Legal Arguments.’ Painfully, she asked ‘Must his life go in vain without a full Jury Trial?’ Rather composed, yet quietly and understandingly, she said; ‘We would not have been happy, but we would have preferred if he had faced the Jury’ [June 27, 2023].

LOLITA GREENAWAY-CAMACHO

Author speaking to his aunt ‘Lolita Greenaway-Camacho’ (Retired Deputy Principal: All Saints Secondary School: ‘Very calmly, collectedly and intelligibly, she said; ‘There was no need to make any report to the Police; …We knew he was detained by Defence Force Soldiers’ [April 9, 2020]. Thus, she harbored no fear that he was taken into harm’s way. Thus, she was not unduly worried. In the discourse, she gave the unmistakable impression that she was a ‘Fatalist.’ With an apparent deep ‘Sense of Perception,’ she had not only perceived danger, but saw adversity lingering to be visited upon; (a) ‘Her nephew; and (b) Sorrow and grief to her and the rest of the family.

NEPHEW- CORPORAL ANDERSON WATT

She acknowledged that he had ‘Violated the Curfew’ and that he was in the custody of the Soldiers. ‘Recounting the Sorrowful Event’ she said; ‘I called around to see where they were holding him; ‘I first called my nephew, ‘Corporal Anderson Watt.’ He was then Stationed at ‘Dockyard Police Station.’ Having called and he said ‘Bruce’ was not there. He too, told me that he would call around.’ Then I called Police Headquarters, and he was not there: I called ‘NODS’ to find out if he was being detained there.’

FATAL LACK OF DISCRETION

Painfully reflecting on the ‘Brutal Murder,’ ‘Auntie Lolo Camacho’ recalled; ‘We heard they do not feed the detainees, so we prepared some ‘Ducana and Ling-fish’ to take to him. Clearly, having presence of, or an Enquiring Mind,’ an immediate move may have been made to ascertain the names of the ‘Military and Police’ personnel assigned to the ‘English Harbour Military Outpost.’ Such might just have made a difference. Had there not been a ‘Fatal Lack of Discretion,’ and had better judgement been considerately used; (a) ‘He may have partaken of an aunt’s-prepared meal of ‘Ducana and Ling-fish; while (b) There may have been no need for a ‘Funeral and Murder Trial,’ involving those that shall have protected and serve him, and by extension, the population.

SAFE CUSTODY

The members of the family appeared to have wrongly believed that ‘Bruce Greenaway’ was in the ‘Safe Custody’ of the ‘Security Forces.’ That which they knew not was his exact whereabouts. When that became a matter of concern, the worrying became intense and overwhelmingly troubling; (i) I called St. John’s Police Station and was told his name was not on the List; (ii) I then called Langford Police Station where they say some detainees were held; (iii) He was not listed there. She spoke to the family’s concerns that appeared to have been casually treated, and said (iv); ‘My nephew (Corporal Anderson Watt) informed me that he could not ascertain his whereabouts;’ (v) The last place I called, was the Prison, and he was not there’ [Conversation: June 27, 2023].

VAIN ATTEMPTS- POINTEXPRESS

In search of ‘Police News’ for, ‘PointeXpress’ newspaper, the ‘Editor’ may have been forced to publish in disappointment or disgust; ‘Attempts to reach Commissioner of Police Atlee Rodney have been futile.’ Whether or not it was futile, this may have been just what the Commissioner may have been faced with at the particular instance; ‘A Mandatory 24-Hour Curfew’ was in effect from the ‘Period; 6. 00am Thursday 9, April 2020 to 6. 00am Thursday 16, April, 2020’ [ Section 3: No. 27 of 2020].

CHIEF OF DEFENCE STAFF

That which shall now be briefly explained is that; (i) ‘The Military does not enforce Law; (ii) For joint operations, however, the ‘Military’ may give ‘Military Aid to Civil Power.’ This is well known to the ‘Chief of Defence Staff, Colonel Telbert Benjamin.’ Even as training differs, ‘Areas of Responsibilities’ are statutorily clearly defined. They are guided by ‘Statutory Rules of Operation,’ as contained in the ‘Defence Act’ [No. 10 of 2006]. Thus, ‘Lines of Operations,’ shall not be blurred. It could never have been said that when ‘Bruce Greenaway’ was reportedly detained and held in ‘Military Custody,’ outside of ‘WAR,’ he was never a ‘Captured Enemy Combatant.’

KILL COMBATANTS – CAPTURE ENEMY

Though ‘Common Law Powers of Detention’ resides with the Military,’ it has none of ‘Statute Law. Neither does it have ‘Civil Responsibility for Crime and criminal prosecutions.’ Such has always been among the role and functions of ‘Law enforcement.’ Combatively, however, in ‘WAR,’ among its mantra is to; (a) ‘Kill those considered ‘Enemies or Combatants; and (b) Where possible ‘Capture the Enemy’ [Rules of Engagement]. For the ‘Civil Authority’ or Law enforcement, they may ‘ONLY’ use ‘Reasonable Force’ for self-protection, or in subduing violent criminals’ [Police Act: Chapter 330].

JUSTIFYING:  USE OF FORCE/ACTION

Thus, in the ‘Execution of Duty,’ at all material times, personnel shall ‘JUSTIFY’ both the ‘Use of Force’ and the particular ‘Course of Action.’ That which often appear; (a) ‘Excessive: (b) Extra-judicial killing; (c) Unlawful or unjustified use of force.’ These are subject to both ‘Law- (prosecutorally) and Civil Litigation (compensatory). The cases of ‘former Police Constable Kevil Nelson’ and, litigiously- Unlawful Arrest- ‘Vere Bird III-EC$65, 000-Compensation’ make the point.’ When there was not ‘an Act of War,’ Military Personnel, are also subject to ‘Criminal and Civil Law.’ This will have been seen with the trial of three members of the ‘ABDF’ criminally prosecuted on joint indictment for the alleged ‘Murder of Bruce Greenaway.’

DECISIVE LEADERSHIP

The ‘Chief of Defence Staff,’ shall be seen as ‘Highly Commendable’ for his ‘professional honesty and integrity.’ Acknowledging that he was aware of a serious claim made against the Military, as all responsible ‘Commanders’ was duty-bound to do, this was what ‘Chief of Defence Staff, Colonel Telbert Benjamin’ was quoted by the media, saying; ‘Investigation was conducted into the matter, and on completion, the ‘Report’ was handed over to the Police.’ That which distinguishes his ‘Decisive Leadership’ that he holds no tolerance for conduct that was likely to bring the reputation of the ‘Antigua and Barbuda Defence Force (ABDF)’ into disrepute.

SENSE: DUTY/TRAGEDY

For this reason, and seemingly guided by his conscience, ‘Sense of Duty’ and responsibility, he was clear that no condoning neither of; (a) ‘Indiscipline; nor, (b) Serious acts of criminality’ shall be tolerated or encouraged. Consequently, he ensured that which met ‘Public Expectations’ and that which brought satisfaction to his own conscience was professionally and responsibly done. In fact, he had helped to quell; (a) ‘Public Unease; (b) Community Disquiet; (c) Citizen anxieties and uncertainties; and most of all; (d) With a personal ‘Sense of Tragedy,’ he gave assurances that the incident would have been given full Military attention.

ACKNOWLEDGEMENT

This may have been discerned from a reported media interview by; (i) ‘Chief of Defence Staff, Colonel Telbert Benjamin; and Public Safety and Police Minister ‘Steadroy ‘Cutie Benjamin.’ Acknowledging that he was aware of allegations that after the partially decomposed body of ‘Bruce Greenaway’ was discovered at ‘Indian Creek Bay,’ he was quoted saying; ‘The personnel who were questioned, were all part of the joint Antigua and Barbuda Defence Force and Police operation, that was patrolling the area to ensure compliance with the Curfew’ [PointeXpress: May 25, 2020].

SANCTITY OF LIFE

When no word was heard about him, every moment grew with anxiety. Their suspicions and/or beliefs may have been confirmed with the subsequent; (a)’Arrest; (b) Joint- criminal indictment; and (c) Trial of Murder’ [June, 2020]. Seemingly held in incommunicado, ‘4 Days Later,’ his apparent battered, bruised and lifeless body was discovered several miles away from his community, the citizenry has been given reasons to believe that he became victim of ‘State violence.’ Serious about the ‘Sanctity of Life,’ this may have been very good reasons for the ‘Detention/Arresting Officers to have been immediately detained for questioning as to ‘Detainee’s Whereabouts [April 9, 2020].

ARREST: BRUCE GREENAWAY

This has been no more evident, than the reported ‘Arrest of Bruce Greenaway,’ by ‘Sergeant of Police, Clint Spencer.’ This provision, contained in the ‘Police Disciplinary Regulations,’ speaks to ‘Gross Negligence.’ Contextualizing his intervention, such revealed that; (i) ‘ABDF Lance Corporal Shakiel Thomas 25,’ took ‘Actual Custody’ of the then ‘Detainee’ who was alive’ [April 9, 2020]. Then there was the; (ii) ‘The ‘Bizarre Discovery of his lifeless and decomposing body at ‘Indian Creek Bay’ [April 13, 2020], necessarily demands answers respecting; (i) ‘Actual Custody; and (ii) Constructive Custody.’

REVENUE STREAM: MORTALLY AFRAID

The ‘Regulations’ with clearly punitive intent, states; ‘A person who fails to comply with these ‘Special Measures’ commits an offence and is liable on ‘Summary Conviction’ to a fine of ‘EC$5, 000’ or imprisonment for 6 months or both fine and confinement’ [Sections 15 & 15: SI: No. 27 of 2020]. Seemingly turned into a ‘Revenue Generation Stream.’ While the ‘COVID-19 Pandemic reduced the population, the Regulations’ decreased the Prison space. It saw a steady ‘Cashflow’ into the nation’s Treasury, and a spike in the Prison population. The population became ‘Mortally Afraid.’ Some members of the ‘Security Forces’ seems to have been inspired by the behavior of one of the most feared ‘Mongoose Gang’ [Sir Eric M. Gairy Grenada: 1967- March 1979].

CURFEW: METAL BATON BEATING

Intimidatingly-weaponized chases saw householders, peacefully, quietly and harmlessly sitting on the privacy of their home verandahs, were forced inside before bed time. Then there were; (a) Unlawful intrusion, and forced entry into dwelling houses; (b) Manhandling of detainees and an inflicted wound on the head of a householder ‘Johnathan Joseph 26, a St. Johnston Village resident [October 22, 2020]. He was painfully left nursing a gaping head injury with an illegally-possessed and non-issued ‘Metal Baton.’ The head injury reportedly required some ’11-Sutures (Stitches). This came after the ‘Detention; Disappearance; and Death’ of ‘Falmouth resident, Bruce Greenaway 43’ [Antigua Observer: May 1, 2020].

INSULT TO HEAD INJURY

Then adding insult to the ‘Insult to Head Injury,’ he was reportedly slapped with ‘Curfew Violations Charges’ for ‘Lawfully Sitting’ on his dwelling house’s verandah. These were only part of the enduring ‘Painful Encounters’ by the unarmed, hapless, helpless and defenceless citizens. The ‘Extended Measures,’ saw this apparent overly-abused ‘Regulation,’ causing more financial harm than of the ‘COVID-19 Pandemic’ itself.

JUSTICE: BLINDED BY LEGAL ARGUMENTS

Still deeply saddened and seemingly plunged into a ‘State of Bewilderment,’ anguish and despondent, she recalled being gripped by anxieties. Eventually, yet unexpectedly, sorrow and grief visited upon her and the rest of the family [April 13, 2020]. Incidentally, ‘Bruce Greenaway’ was never listed at any of these places, neither as a ‘Criminal Suspect,’ nor a ‘Curfew Detainee.’ That was the time we became worried; We never knew we would not see him alive again.’ In the end, upon reasonably drawn inferences, it showed that ‘Bruce Greenaway’s Life’ has been tragically snuffed-out while in the ‘Custody of Military and Police Personnel.’ Should ‘Justice’ be seen as ‘Blinded by Legal Arguments,’ then it might just be time to dispense with the services of those that seemed so transfixed. To be continue in the week…..

 

 

 

 

 

 

 

 

 

 

 

RECKLESS AND RUTHLESS

Given the apparent ‘Ruthless and Reckless’ behavior of these ‘Forces,’ had the ‘Governor subsequently issued a ‘Royal Commission of Inquiry,’ ‘His Excellency’ may have been appalled at the atrocities allegedly perpetrated against the innocent citizens by members of the combined ‘Security Forces.’ 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].

FORCED DETENTION

When the aunts made no 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.’ He may have been mindful of their reaction to the senseless killing of ‘Denfield ‘Tody’ Thomas…’ by Police Constable Kevil Nelson’ over the handing over of a ‘Baby Bag’ [October 23, 2006].

30-MINUTES IN CUSTODY…?

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.’ To anyone in ‘Forced Detention,’ such time speaks to ‘30 Hours.’ Sufficient time to fly to ‘Sister Isle Barbuda.’ The ‘Detainee’ never took flight, neither from ‘Sergeant of Police, Clint Spencer, nor ‘Lance Corporal Shakiel Thomas 25. He also never flew as much as ‘Commissioner of Police, Atlee Rodney QPM.’

SECURITY FORCES AND STRAY DOGS

Instructively, the ‘Court’ appeared not to have understood that under a ‘State of Public Emergency,’ where only members of the ‘Security Forces and ‘Stray Dogs,’ rummaging for a ‘Dog’s Meal,’ ‘Ruled and Roamed’ the streets. From an investigative view, ’30- Minutes in the custody, provides both ‘Time and Opportunity,’ for a ‘Sergeant-Military or Police,’ to grab one of their ‘Furry Rams’ and take of its ‘Furry Coat.’ 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 ‘Two Foot Bay’ [Barbuda].

ADEQUACY OF 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.

EVIDENTIAL BEHAVIOR

This is easily done with one body, and without a sunken boat. Though it might be ‘Reasonably Presumed,’ as ‘Adjudicators often do from ‘Evidential Behavior,’ none shall assume that this was case of the ‘4-Murder-Accused.’ That which was an undisputed fact, was that the ‘Detainee Bruce Greenaway Body’ was seen ‘Swimming at Indian Creek’ [April 9, 2023].

EVIDENCE OF CIRCUMSTANTES

While the prosecutorial presentation appeared to have been gravely void of substantiating evidence, a prosecutorial approach to ‘Joint Enterprise,’ may have proven ‘Prosecutorally Fatal.’ For as the evidence will have shown, ‘Three of the ‘4-Indicted Murder-Accused’ were never present at the time of ‘Detention/Arrest.’  Confirmed detention at ‘Falmouth by Soldiers; (b) Driven to English Harbor; (c) ‘Mysteriously Detouring’ from the road to ‘Dockyard Police Station’ to a ‘Military Outpost located in dense vegetation’ [April 9, 2020].

PROTECTION AND SAFETY

This was an isolated and dreary area, in the vicinity of the unoccupied ‘Clarence House’ [1804]. The apparent foisting of the ‘Detainee’ upon, and in the ‘Military Custody’ of ‘Lance Corporal Shakiel Thomas,’ made it neither in accord with ‘Police Duty and Police Disciplinary Regulations.’  This constituted ‘Gross Negligence.’ Viewed from these perspectives;’ (i) ‘When the arresting officer, ‘Sergeant of Police, Clint Spencer’ who appeared not to have taken proper control and direct where the ‘Deceased,’ was to be held, and particularly; (a) ‘The lawful reason/s for the detention; and (b) Not ensuring the Detainee’s personal ‘Protection and Safety,’ then Police administrator run the risk of being seen as ‘Flying Away,’ What is this? [PM. Spencer: Definition of Spouse]. Na-a-ah! ‘Shying Away’ from his ‘Administrative and Operational responsibilities.

REPUTATIONALLY IGNOMINIOUS

Under a declared ‘State of Public Emergency,’ a purposeful, yet risky walk to fetch his dinner into his ‘Falmouth Community,’ saw resident ‘Bruce Greenaway 43,’ being ‘Detained’ by members of the nation’s ‘Security Forces.’ They have now been seen and deem ‘Reputationally Ignominious.’ For his life has ended tragically and fatally and suspectedly at the hands of; (i) ‘A Police officer: (ii) A female Soldier; and (iii) Two male Soldiers’ [RPAB: ABDF: April 9 -13, 2020]. This was occasioned when a nationally-imposed ‘Dusk-to-Dawn Curfew’ took effect [6.00 am – 6.00 am: April 9, 2020].

HIGHLY SUSPICIOUS CIRCUMSTANCES

The deceased never lived for ‘7 days after his detention, let alone lived for ’21 Days’ that the ‘Notification of his Detention.’ There was no ‘Documentary Evidence’ of ‘an Officially-Listed Detention’ or ‘Public Notification’ This part of the ‘Constitution Order’ was breached [CO: 1981: Section 17]. While ‘4-Murder-Accused’ of the ‘Security Forces’ stood before a ‘Jury of Peers,’ though this eliminated no ‘Sorrow and Grief,’ and brought no ‘Solace and Satisfaction’ to the bereaved family, they nonetheless, felt a ‘Sense of Hope and Justice.’ Such ‘Hope’ and such ‘Sense of Justice,’ was not only placed in the ‘Criminal Justice,’ but more so, in the ‘Hands of the Jury.’ During a ‘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].

LEGAL ARGUMENTS

The only language ‘Criminal Assize Justices’ know, is the ‘Legal Language.’ The only ‘Defence Strategy,’ Defence Attorneys know is Submission of No Case to Answer.’ The judicial records shall show that ‘Criminal Assize Judge, His Lordship, Justice Colin Williams’ had done nothing judicially wrong.  Nowhere in the ‘Judicial Records’ will it be shown that ‘Criminal Assize Judge, His Lordship, Justice Colin Williams’ has committed a judicial wrong. The close of the Case of the approximately 90-day trial saw ‘Legal Arguments’ advanced by a ‘Battery of Attorneys.’

BATTERY OF ATTORNEYS

These were reported to be in the persona of; (i) ‘Wendell Robinson; (ii) Lawrence Daniels; (iii) Sherfield Bowen; and (iv) Andrew O’Kola.’ Though such submissions have been part of the trial process, lack of public awareness, sensitization and understanding appeared to have shaped in the mind, a perception that speaks to derailment of ‘Criminal Justice.’ Every law-abiding citizen, harbors reasonable expectation that those that have responsibility for the ‘Protection of Life,’ as well as the administration of justice understand the reasons for the establishment of a ‘Constitutional Democracy.’

RULE OF LAW

In the case of the citizenry, that was not to be. Likened to ‘Honey Bees’ buzzing around newly-opened scented blossoms for nectar, ‘Security Forces’ Personnel were expected to be seen everywhere and anywhere. 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.’ Such often came from members of the ‘Security Forces,’ whether supervised or unsupervised. As a nation founded on certain democratic principles, and in spite of the atrocities perpetrated, the overwhelming majority of the citizenry, accepts the ‘Rule of Law.’

SWORN EVIDENCE

As it affects the trial, a Jury given the opportunity to hear ‘Sworn Evidence’ (if so opted), or ‘Unsworn Statements’ (if any), would have been well-positioned to determine if the ‘Undocumented Release’ was (i) ‘Factually and believably true; and (ii) Recklessly and riskily releasing the deceased ‘Bruce Greenaway’ to be ‘EXPOSED’ to the deadly and ‘Dangerous Infectious Disease COVID-19], or other environmental dangers. The case, looked at from a ‘Professional Standpoint,’ with focus on; (a) Investigative; (b) Prosecutorally; and judicially,’ the ‘Joint-Murder indictment and trial’ gave the unmistaken appearance of being treated.

PROSECUTORIAL SERIOUSNESS

Whether or not prosecutorally-contracted, the keenly observant, shrewd and meticulous ‘Crown Prosecutor,’ must have found the ‘Investigation and Case Preparation; (i) ‘Aggravatingly mediocre, and scandalously and shabbily done; (ii) Grievous to prosecutorial justice; and (iii) Gravely lacked ‘Prosecutorial Seriousness.’ These, undoubtedly, speak to woeful systemic weaknesses in most prosecutorial departments with personnel starved for proficiency and professional and prosecutorial competency. Criminal Assize Judges, shall take no responsibility for these.

INSTRUCTED NOT GUILTY VERDICT

The institutions so established and intended for the administration and dispensation of ‘Criminal Justice,’ appeared to be in dire need of ‘Judicial Streamlining.’ While the ‘Judicial Records’ shall show an ‘Instructed Not Guilty Verdict,’ it shall also show that ‘Criminal Assize Judge and adjudicator, His Lordship, Justice Colin Williams’ had done nothing judicially wrong. The difficulty, family members had, was that they would have preferred a ‘Juryman/woman Verdict.’ The records will also show that the 4-Murder-Accused’ were not called upon to go on their defence, as the ‘Trial Judge’ appeared dissatisfied that a ‘Prima Facie Case’ had been established.

PERVERTING JUSTICE

That which may have assisted in purging or cleansing the ‘Antigua and Barbuda Defence Force (ABDF) and Royal Police Force of Antigua and Barbuda (RPFAB)’ of some three apparent criminally-minded ‘Rogue Soldiers and Police officer,’ may have been the ‘Confidential Law Enforcement’ editorially-aided ‘Incident Reports’ by identifiable Senior Police officers. Surely, these officers may have believed that they were assisting ‘4-Murder-Accused.’

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).’

EVIDENTIAL DEFICIENCIES

The lack of evidence to establish a ‘Prima Facie Case’ against the ‘4-Murder-Accused’ conspired and; (a) Together went to Falmouth; (b) Detained ‘Bruce Greenaway: (b) Conspiratorially took him to a place, other than to ‘Dockyard Police Station,’ (the very nearest), and unlawfully murdered him. This, and of itself may have been evidentially-challenging to ‘Crown Prosecutor, Volston Graham.’ That which Prosecutors know, is that ‘Evidential Deficiencies’ invariably make it very easy for ‘Trial Judges to consider, and favor ‘Legal Arguments’ advanced by the ‘Defence,’ than of those advanced by the ‘Prosecution.’

IN CUSTODY

The fact that a person was seen been placed in, or being driven in a marked or unmarked Police or Military vehicle, this does not necessarily mean ‘Lawful Custody.’ However, that was usually the time either: (i) Kidnapping: (ii) Torture: and (iii) Extra-Judicial Killings’ often take place. Since no ‘Official Record of Detention’ was made, a killing at the hands of ‘Rogue Members’ of the ‘Security Forces’ could easily be concealed or disposed of. This has always been the thinking of the astute criminal investigator.’ Thus, members could have driven to places not being frequented, without observation.

PROSECUTORIAL STAGES

It shall be said that these arguments represent not the ‘FACTS,’ such as may have been ‘Evidence’ adduced at the three ‘Prosecutorial Stages.’ These are; (i) ‘Examination in Chief’ (Prosecution); and (ii) Cross Examination (Defence); and (iii) Re-Examination (Prosecution). These became known when the ‘Learned Trial Judge, His Lordship Colin Williams,’ guided by ‘Legal Arguments’ seemingly more persuasive and acceptable to the ‘Court,’ reportedly directed a ‘Jury-returned Verdict of Not Guilty.’

PREPONDERANCE OF EVIDENCE

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 down [1861: Richard Jordan Gatling]. Criminal prosecutions are not; have never been; and will never be about ‘Lined-up Ducks.’ That which shall be said, is that ‘Crown Prosecutors’ has no ‘Evidence Factory.’ Though not necessarily adducing ‘Evidence’ that shows a ‘Preponderance,’ yet ‘Circumstantially, it has always been about a substantial or sufficiency of ‘Evidence’ that might be considered ‘Relevant to the ‘Fact in Issue.’ Thus, when adduced before a Jury, to convince members of its; ‘Integrity; Believability; and Acceptability,’ as to ensure its ‘Admissibility.’

SOLE JUDGE OF FACTS

Instructively and procedurally, in criminal trials, as that referred, the ‘Sole Judge of Facts -evidence adduced before the Court by the ‘Prosecution and Defence, (the latter if so opted). Procedurally, when ‘Legal Arguments’ are advanced to the Court, as the ‘Trial Judge’ is the ‘Sole Judge of Law,’ the Jury shall be in recess. Ironically, if not ‘Procedural Silliness,’ a ‘Jury,’ not seized of the ‘Legal Arguments,’ shall comply with the instructions of the ‘Trial Judge.’ Upon ‘Seized Facts,’ the Jury shall take the ‘Judge’s ‘Directions’ only on the Law.’

CRITICAL EVIDENCE- PRESUMPTION OF FACT

Moreover, the ‘Prosecution’ appeared disadvantaged and unable to adduce ‘Critical Evidence’ to show and convince the ‘Jury’ ‘Beyond Reasonable Doubt,’ that the ‘Deceased was ‘FACTUALLY’ taken and held another Police Station or an officially designated ‘Detention Center’ (Langford) and ‘MURDERED’ by the ‘4-criminally indicted ‘Security Personnel-Military/Police.’ Such could neither have been established by; (i) ‘Accused Confessional Statements (Honesty/Fools); (ii) Direct (Eyewitness): (iii) Circumstantial (Circumstances capable of showing a ‘Presumption of FACT;’ nor (iv) Documentary Evidence’ (Showing contemporaneously recorded Station Diary Entries of Detention/Release by Arresting officer/Station Orderly/O/C).

COMMONALITY OF UNDERSTANDING

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 the ‘Submissions,’ from ‘Time Immemorial,’ 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 derailing ‘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.’

EXECUTIVE SCRUTINY – SHIP OF JUSTICE

In very recent times, such behavior and such attitude appeared to have been long placed under ‘Executive Scrutiny.’ The two vocal regional leaders that have made their observations known, have been; ‘Prime Ministers Dr. Ralph Gonsalves and Mia Amor Motley’ [St. Vincent and the Grenadines/Barbados]. When the latter reportedly place the ‘Ship of Justice’ in his crosshairs, took aim and fired two ‘verbal rounds of ammunition’ across the Ship’s bow, he knew exactly who were the passengers aboard.

JUSTICE SYSTEM: CONTROLLED BY LAWYERS

Mindful of the role of the ‘Criminal Justice System’ that may not have been seen s very effective, he spoke public of his own observations.  Aware how it was being viewed in divers’ places, he would have echoed sentiments often expressed by victims of crime and members of the wider society. Unabashedly and undiplomatically, media reports quoted him saying; ‘The Justice System in the region is being controlled by those that practice ‘Criminal Law and that the ‘Oxygen of the legal profession is money’ [Symposium on Crime: TNT: Searchlight: April 21, 2023].

SOCIETAL DEGENERATION

A ‘Man of Worth’ then, and more of now, he was reported to have been engaged in a ‘Legal Practice,’ that was not necessarily ‘oxygenized’ by clients. Money appeared not to have been an object. Many so benefitted, were said to have been recipients of ‘Probono Services.’ These views, taken in the context expressed, and that which currently obtained in many jurisdictions within the ‘Organization of Eastern Caribbean States (OECS),’ clearly speaks to ‘Societal Degeneration,’ resulting in increased crime and violence and ‘Lawlessness.’

UNSUPERVISED MEMBERS

Professional training has taught ‘Military and Police Commanders’ what situationally obtains in the latter. For that has been time the citizenry is most vulnerable and, in for all kinds of ‘State Agent’s Abuses.’ None may deny that these were quite evident during the ‘COVID-19 Pandemic State of Public Emergency.’ Even when no such power resided with the violent temperament of the ‘Unsupervised Members’ of the ‘Security Forces.’ Though corrective measures may have been taken, many continue unchecked and seemingly not made accountable for their actions.

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.

GUILTY AS HELL

As ‘Sole Judges of Law,’ adjudicators in criminal trials are ‘Judicially-Bound’ to explain the various kinds of ‘Evidence’ to Juries, including ‘Circumstantial.’ Clearly, the ‘Detainee’s ‘Non-Custodial Presence’ at any Police Station or Detention Center,’ could reasonably be inferred that he was taken from ‘Falmouth’ to somewhere that was not a Police Station or a ‘Designated Detention Center.’ Even without more, in a ‘Full Jury Trial,’ properly ventilated ‘Evidence of Circumstances’ may have shown that the ‘Accused Persons’ were as ‘Guilty as Hell.’

 

FACTUALLY-SEIZED OR UNDERSTOOD

That which the Jury may not have been ‘Factually-Seized’ of, were; (i) ‘Bruce Greenaway’s ‘Evidentially-unexplained ‘Detention/Arrest/Release;’ (ii) That these occurred during a troubled ‘State of Public Emergency’ [April 9 -16, 2020]. The ‘Statutory Instrument-Central Board of Health (CBH), Emergency Measures,’ never provided for any ‘serious indictable criminal act.’ Though reportedly detained; (a) No offence was alleged against him: (b) He was never taken and handed over to a Police Station: (c) Not charged with any offence; (d) Never served with Copy of Charge; (d) Never taken before the ‘District ‘B’ Magistrate’s Court: and (e) Never tried by any Magistrate.’

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.

RELEVANT FACTS

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.’ 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 explained to the ‘Jury,’ where they took 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 they may have been transferred? and (v) If anything, what became of them following the period of detention?’

TRAGIC DEATH – INEXPLICABLE

The ‘Detainee/deceased’s ‘Tragic Death’ not only speaks to his ‘Undocumented Release,’ but also a ‘Murder’ so senseless, as to be seen as ‘Inexplicable.’ The ‘Detention,’ seen from the perspective of that which was ‘Intended’ and to have ‘Effect’ by these ‘Regulations,’ it begs the question, ‘What Jury, properly directed by the ‘Trial Judge,’ could ever have agreed and accepted that ‘Curfew violator, Bruce Greenaway,’ shall have been released’ into the ‘Mandatory ‘Curfew Period,’ as opposed to safely escorting him to his short-distanced residence? If such claimed release was not gross recklessness, the what is?’

AN UNDERSTANDING

This, as the official records, except that which may have been kept at a ‘Dreary, Densely 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 Regulations.’ They were not only published for the citizenry to know, but particularly for the ‘Security Forces Commanders’ to give 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].

SPECIAL MEASURES.

That which ‘Security Forces’ 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’ [Antigua and Barbuda Defence Force (ABDF)]. appeared not to have been apprised themselves of, may have been the; ‘Special Measures’ applicable to the ‘Period 9^th April to 16^th April, 2020.’ Without ambiguity, it states; ‘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].

4-DAYS LATER

Assuming the ‘Police Sergeant’ had not followed-up to ensure that the ‘Detainee’ whether or not he was taken to the definitive ‘Police Station,’ even some ‘4 Days Later,’ when his body was found floating at ‘INDIAN CREEK BAY,’ the ‘Deceased Detainee’ shall have been still in his ‘Constructive Custody.’ Those benefitted from professional investigative training, shall have been the first to ‘Suspect Murder.’ Moreover, had more ‘Circumstantial Evidence’ been unearthed, properly martialed and prosecutorally presented before the Jury,’ though judicially-bound to entertain ‘Legal Arguments’ from the ‘Defence and Prosecution,’ the eminent ‘Trial Judge, His Lordship, Justice Colin Williams,’ may very well have looked at a different ruling.

DENSE BUSHY POPULATED – DREARY ‘MILITARY’ OUPOST

The story is told that in the case of ‘Bruce Greenaway’s’ reported detention by Soldiers. There were allegations that members of the ‘Security Forces;’ (a) Took him to a ‘Military Outpost in densely populated bushes, in the vicinity of Clarence House; (b) A female butt-whipped him with her Service weapon; (c) The others brutally pummeled him with blows; then (d) Mercilessly squeezed out what little breadth was left for life’ [April 9, 2020].’ Inferentially, for reasons of his ‘Non-Listed Detention’ at the; (i) Military Outpost; (ii) Police Station; or (iii) at any of the ‘Detention Centers,’ suggest nothing, but serious acts of criminality, including ‘Kidnapping and Murder’ [April 9 – 13, 2020].

AGONY AND IGNOMINY

That which seemed to have; (a) ‘Mystified and deeply angered the citizenry; (b) Provoked disquietude in a usually peaceful community, has been the inexplicable disappearance from the presumably ‘Safe Custody’ of members of the ‘Security Forces.’ They may have brought ‘Agony upon themselves and ‘Ignominy’ to their respective ‘Disciplined Forces.’ That which had terrified family members had worsened into horror, His lifeless and partially decomposed body of ‘Bruce Greenaway’ was discovered, and fished from the water’s-edge at the isolated and deserted beach, called ‘Indian Creek’ [April 9, 2020]. That was the time ‘Soldiers and Soldier Crabs’ reportedly converged upon ‘Crab Hole Liquor Store.’ What was the ‘Celebration,’ he had no idea.

HALF-WAY STAGE JURY TRIAL

Respecting the ‘Defence-Favored Rulings’ on the ‘4 Submissions of No Case to Answer,’ this appeared to have ‘Outraged the Public Conscience.’ The population not only vociferously let their voices and displeasures heard, but also with ‘Contemptuous Anger.’ Consequent upon the ‘Half-Way Stage July Trial,’ media reports informed that ‘Acting Director of Public Prosecutions (DPP) Shannon Jones-Gittens’ had initiated ‘Criminal Appeals.’

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.’

SILENT WHISPERERS

Even as many people have whispered silently, this commentary reflects no whispers. It was to general public knowledge that the ‘Criminal Justice System’ enjoys little confidence from the overwhelming majority of the law-abiding members of society. This has also been among the quiet whisperings in divers’ places. 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.’

JUDICIAL DECISIONS

Even the ‘Criminal Justice System,’ may sometimes deliver ‘Judicial Decisions,’ that may cause the law-abiding citizens to feel disgusted and dissatisfied. Then verbal anger of the people is vented upon the learned, esteemed and dedicated Justices. That which shall be known is that inter alia; (a) ‘Judicial officers are informed, and guided by Law; (b) Orders of the Court; (c) Evidence and Procedure; (d); (e) Practice Directions’ of ‘Intermediate and Apex Courts; (f) Adjudicating Discretionary Power; and (j) Reason and Conscience.’ The jurisdictional ‘Appellate Courts of the ‘Organization of Eastern Caribbean States (OECS)’ (excluding Dominica), is accessible by the aggrieved. These include; (i) ‘3- member Judges on the ‘Eastern Caribbean Supreme Court (ECSC) [St. Lucia-based]; and (ii) The 5-member-Judicial Committee of the Privy Council (JCPC)’ [London-based].

MERIT OR DEMERIT

Though none shall be presumptuous in suggesting or dictating to ‘Criminal Assize Court Judges,’ how adjudication shall be approached, some legal luminaries believe that there are some ‘Jury Trials’ were better left to the Jury to determine the ‘Merit or Demerit’ of the Cases for both the Prosecution and Defence.’ The ‘Criminal Assize Court and Adjudicator’ appeared not to have given ‘Acute Consideration’ to: (a) ‘The declared and existed ‘State of Public Emergency; and (b) The ‘Mandatory ‘Dusk-To-Dawn’ Curfew,’ then imposed upon the populace.’ That which appeared to have occupied the attention of the ‘Trial Judge,’ were ‘Legal Arguments.’ None shall deny that such, from ‘Time Immemorial,’ even before ‘Sitting Justices,’ knew that which was called a Gavel.

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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