COMMENTARY: Terror On Nevis Street – Deprivation Of EC$ 950

TERROR ON NEVIS STREET – DEPRIVATION OF EC$ 950

RAWLSTON POMPEY

It is to the knowledge, that every day people are faced with inescapable horrors of one kind or another. Some were undaunted, while some were daunted. Then there are some city streets where parking has brought ticketing and financial horrors to the unobservant motorists. There are some horror movies, such as; ‘A Nightmare on Elm Street’ [November 16, 1984]. Though in films, people were scared to death. There were some dreams in which people have told stories of ‘Nightmares.’

TERROR ON NEVIS STREET

While Law enforcement danced to the song ‘Jerusalema’, and likened to ‘kites and winged ants,’ some personnel continue to fly about, criminals continue to wreak havoc in communities, with law-abiding and defenceless citizens becoming terror-stricken. From a very different perspective and for a far different reason, Law enforcement personnel alleged to have committed breaches of discipline, they were said to be facing; (i) Tyranny and oppressive behavior within the Police Service; and in the city (b) Terror on Nevis Street.’ These appeared to have been the apparent autocratic behavior of some senior officers within the ‘Police Service.

TOPICS OF CONTROVERSY

These have become a ‘Topics of Controversy.’ Even so, it has been one that the constitutional governing disciplinary body- the ‘Police Service Commission (PSC),’ appeared to have fully embraced. In developing the subject as it affects ‘Organizational Behavior,’ has always been to ensuring that there is some organizational understanding of that which obtains internally, Thus, it has always been of paramount importance that there was established mediums to facilitate effective communication, the success of which has always been dependent not only upon such mediums, but also the intelligence and skills possess by its members.

MEDIUM FOR COMMUNICATING

The experts have determined that ‘Communication’ will not have taken place if there was no understanding.’ Universally, Police Services have established ‘Mediums for Communicating’ with the administration and upper echelon, as well as to personnel subordinate to them. For effective communication, these mediums have been ‘Organizationally Standardized.’ Prior to the proliferation of technology, among the ‘Mediums’ were; (i) ‘Force Orders: (ii) Special Force Orders; (iii) Force Standing Orders: (iv) Station Standing Orders; (e) Operation Orders; and (f) Force Circular.’

TECHNOLOGICALLY-OBSOLETE

The first of these ‘Orders’ speaks to general information published by the ‘Commissioner of Police’ and dissemination throughout the Police Service.’ The advent and proliferation of technology, appeared to have made for laziness, ignorance and incompetence seemed to have phased these ‘Orders and Circulars’ out of existence. These appear to have been made ‘Technologically-Obsolete’ by Emails and WhatsApp Messages.’ In the case of the national Police Service, the ‘Royal Police Force of Antigua,’ the pertinent information, were to be collated by Heads of; (a) Departments; (b) Branches; (c) Police stations; and (d) Units’ and sent to the Police Headquarters for that which was then called the ‘Monthly Returns.’

REASONABLENESS OF TIME

The ‘Special Order’ was a publication with specific information, such as that affecting the ‘Rank Status’ of personnel, particularly of recent; (a) ‘Promotion: or (b) Reversion of personnel to their substantive rank; or (c) Internal transfers of personnel.’ When ‘Inspector Junie Huggins’ was ordered by ‘Commissioner of Police Atlee Rodney QPM’ to attend a ‘Disciplinary Tribunal’ as fixtured by ‘Chairman of the Police Service Commission (PSC),’ both Heads of their respective agencies, appeared not to have looked at; (i) ‘The ‘Reasonableness of Time;’ and (ii) The lawfulness of the ‘Instructions’ given to then ‘Divisional Inspector.’

BREACH OF DISCIPLINE

Seemingly, more out of professional and organizational ignorance of existing ‘Standing Orders’ for reporting, on the part of the; (a) Police Administration: (b) The delegated investigator; and (c) The alleged offending officer,’ than of the disciplinary-sanctioning body the ‘PSC,’ resulted in the Inspector; (a) ‘Admitted committing a ‘Breach of Discipline;’ and (b) Forfeiture of two months Increment’ (EC$ 475 x 2 = 950). This reportedly resulted from an order by ‘Assistant Superintendent of Police, Cordel O’Garro’ to the then ‘Divisional Inspector of Police.’ Such order has raised issues of lawfulness or unlawfulness.

HARROWING EXPERIENCE

Those with eligibility, include; (a) ‘Constables: (b) Corporals: (c) Sergeants: (d) Senior Sergeants; and (e) Inspectors.’ Such speaks to the ‘Harrowing Experience’ of a disciplinary hearing in which, out of apparent ignorance, he pleaded guilty to an unreasonable and unlawful instruction. This was reportedly, compounded by insults and abuse. Anticipating much more than these, ‘Parliament not only provided punishments, but also for those in whom authority resides to act with reasonability. Given his ‘Christian belief and practice, ‘Inspector Huggins’ may joyfully sing the gospel songs; ‘Ride Out Your Storm; God is Standing By’ [George Nooks].

DEMORALIZING ISSUES

Viewed from another perspective, such order has prompted discussions on the ‘Demoralizing Issues’ of; (a) ‘Oppressive conduct toward a subordinate; or (b) Actions seen so tyrannical, as to have impacted negatively upon the subordinate’s morale.’ In a disciplinary prosecution, as in ‘criminal prosecutions, the officer presenting the Case to the ‘PSC,’ shall be well aufait with the ‘Facts.’ Such shall be viewed from the prosecutorial term ‘Prima Facie Evidence,’ the veracity of which shall eliminate feelings of doubt. That which appeared to have been missing from the ‘Inspector Junie Huggins Tribunal Hearing’ may have been the time immemorial and well established ‘Standing Order’ for reporting ‘Police Stations and Districts.’

THE MORNING STATE

Every currently-serving officer, including three ‘Police Retirees’ on the ‘PSC’ knows that ‘Daily Reporting’ covers a standing ’24-hour Period’ from ’06: 00 hours to 06: 00 hours.’ Confirmation of this, might be seen from the internal organization communication called the ‘Morning State.’ From leadership and professional knowledge, as may or may not exist today, this documentation provides the ‘Commissioner of Police’ with; (a) ‘Up-dated matters of Crime; (b) Occurrences of serious incidents; (c) Administrative concerns; and (d) Operations conducted during the given period.’

AUTHORITY AND REASONABILITY

Prosecutorally, the instruction, reportedly given to the ‘Divisional Inspector’ by then ‘Divisional officer, Assistant Superintendent Cordel O’Garro,’ clearly appeared starved for; ‘Authority and Reasonability.’  In fact, the people that shall have seen the ‘unlawful instruction’ that ran counter to the ‘Standing Order’ for reporting; include; (i) ‘The Commissioner of Police: (ii) Head of Professional Standards: (iii) The delegated investigating officer; (iv) The Case presenter; PSC Commissioners (v) James Hill; (vi) Cosmas Marcell; and (vii) Claudette Brathwaite-Mason; and (viii) The former acting Judge and currently practicing attorney -at-law and PSC Chairman Kelvin John.’

TYRANNICALLY BRUTAL/STUPID

That which can be uncontradictably said, is that in the recent disciplinary tribunal hearing against ‘Inspector of Police Junie Huggins,’ three of the six-member ‘Police Service Commissioners’ have neither been subjected to; (a) ‘Reporting tyranny; nor (b) Deprivation of their incentivized increments. Moreover, that which appeared to have defied ‘Reasonability,’ and seemed ‘Tyrannically Brutal and Stupid,’ was the instructional time said to have been ‘between 4: 30 am and 4: 45 am daily.’ Logic dictates that to commence reporting at that time, it meant that the ‘Divisional Inspector’ would be required to be awakened at ‘4 am.’

FRUSTRATING REMINDER

Such reporting time speaks to the ‘Frustrating Reminder’ of the degrading treatment of ‘Human Slavery.’ This was the time when the wicked ‘Slave Drivers’ reportedly perpetrated all kinds of atrocities against the ‘African Slaves’ in the guise of readiness for toiling in the cotton and sugarcane fields, under the blazing sun. Then there were the merciless whipping and flogging of the frequently sick and weary slaves. Such has been the apparent hangover legacy of ‘Colonial Mentality’ of the overzealous and misguided ‘Gazetted officers,’ along with a ‘Police Service Commission (PSC)’ with a membership that seemingly starved for organizational understanding and administrative and operational knowledge.

LAST 24-HOURS

When the ‘Divisional officer Cordel O’Garro’ reportedly instructed his subordinate to report the ‘State of Affairs’ at the assigned ‘B Division,’ it then comprised two ‘Divisional Headquarters; (i) ‘Coolidge; and (ii) Parham; and two sub-stations (iii) Willikies; and (iv) Freetown.’ This necessarily meant, quietly easing away from the comforting presence of his lawful-wedded wife. Then, he shall then call around to the ‘Divisional Stations’ to be informed on incidence of crime and other significant incidents for the ‘Last 24-Hours.’ A quick-witted ‘Divisional Inspector’ may have wished to irritate an inconsiderate ‘Divisional officer’ by calling him an hour earlier. Thus, he may have called him at ‘3: 30 am’ to report the ‘State of Affairs.’

PARAGON OF VIRTUE

The apparent inconsiderate, heartless behavior of some pension-drawing retirees, and monthly stipend-earners,’ have been well-known former superiors and colleagues. Some were known for their respectability, allegiance and unwavering loyalty and dedication to the Police Service. As in most organizations, none may claim to be the ‘Paragon of Virtue.’ Those so acting, have reportedly been considered a threat to the professional career of the deeply committed and professionally-efficient, competent personnel.

MERITORIOUSLY AND POSITIONALLY

None shall deny the constitutionality of the body called the ‘Police Service Commission (PSC)’ [CO: 1981: Section 104]. It has also been the observation, that ‘Positionally,’ some for reasons of either the dominating; (a) ‘Environmental influences; or (b) Organizational affiliations,’ were accorded administrative tenure. In recent years, this august body appears to have attracted persons that were seen more for their; (a) ‘Numerical and debilitating axe-grinding value; and (b) Mostly for their victimizing concurring-decisional-votes.’ From a functional perspective, ‘Meritoriously,’ some members would have failed the litmus test of functionality.

POLICE RETIREES ON ‘PSC’

Still, it shall be said that it comprises a membership of some of the finest men and one woman. The members, from all walks of life, came from various disciplines. Among the current membership of the ‘Police Service Commission (PSC),’ are ‘Police Retirees,’ identified as; (i) ‘Suspended former Inspector of Police, Claudette Brathwaite-Mason; (ii) Former Superintendent of Police, Cosmas Marcell; and (iii) Former Deputy Commissioner of Police, James Hill.’ Much have been expected of these retired senior officers. However, with the other three members, they have rendered collective decisions that were often seen as suspected to have been insularity-influenced.

ORGANIZATIONAL TREACHERY

It shall be said that baring ‘Organizational Treachery,’ tenure of these Commissioners could survive with the life of a ruling administration. The experiences of former Chairmen; (i) ‘Joseph Laurent [2004]: (ii) Stefan Winter [2014]; and (iii) Chairman, Phillip Isaac’ who was reportedly ‘treacherously ousted from the constitutional, but figure-head position’ [2017], make the point. Though the trio alone does not constitute the ‘PSC’s’ membership, on a disciplinary tribunal, they have been referred to as the ‘CCJ’ (Claudette: Cosmas: James).

FEARFUL OF THE ‘PSC’

Many demoralized and frustrated personnel, will have seen their progress, professional development and advancement been gravely retarded by acts reportedly associated with cronyism and nepotism. Today, many serving Law enforcement personnel appear to have been more ‘Fearful of the ‘PSC,’ than they harbor fears of the ‘terrifying hooded-gun-toting and knife-wielding hoodlums, as well as the night-time rapists and brazen uncatchable daylight robbers. The traumatic experiences of the hapless, defenceless and timid citizens, have, been attributed to the apparent aborted responsibilities. These are the ones citizens have accused of seeking to gain commercial recognition for their sky-trotting escapades.

CONSCIENCE AND REASON

In the harshest of economic times, and grave financial hardship, the ‘PSC’ membership has shown no mercy for the financially-challenged Inspector. Research has revealed that the sum of ‘EC$950’ to be forfeited, reportedly represents ‘two months’ of the ‘Incentivized Increments.’ Contrastingly, were the members of the ‘Police Service Commission (PSC),’ endowed with ‘Conscience and Reason,’ likened to the ‘African Slaves’ held captives on the inescapable perilous journeys called the ‘Middle Passage,’ that reportedly saw millions died in chained and cramped spaces, so too were theirs that would have been capable of being devoured by vermin.

ADMINISTRATIVE COLLUSION

When the unsuspecting ‘Inspector Junie Huggins’ appeared before the ‘6-member disciplinary committee, he knew not of the apparent pent-up wrath that had been ‘Perilously Poised’ to descend upon him. From professional and administrative knowledge, such incentive would have been considered well-earned. Such would have been accrued from the lowly and basic-salaried rank of constable. Then, for ‘37 Unbroken Years of Service’ to the nation of ‘Antigua and Barbuda through to the inspectorate rank, the sum of ‘EC$475’ had been incrementally and legitimately earned. Though the information may have been accessed from the ‘Personnel File,’ there appeared to have been clear ‘Administrative Collusion’ between the Police administrators and the PSC.’

PUNISHMENT OF EC$950

In the instant disciplinary tribunal, clearly not influenced by spirituous liquor, a ‘Punishment of ‘EC$950’ may have been improperly, if not unlawfully imposed upon veteran ‘Inspector of Police Junie Huggins’ [PSC: November 16, 2023]. This came at a time when the ‘Eastern Caribbean Supreme Court (ECSC)’ has guided the reason and conscience of criminal adjudicators through ‘Sentencing Guidelines.’ These are in respect to rationally-considered criminal punishment to be imposed upon convicted or persons pleading guilty.

VINDICTIVELY PUNITIVE

It was evident that in the ‘Police Discipline Code,’ Parliament’ anticipated’ that the membership of the ‘Police Service Commission (PSC)’ and a Commissioner of Police,’ may become ‘Vindictively Punitive.’ It also anticipated that either one or both, may most likely do egregious things to members of the ‘Police Service’ as to be seen as exceedingly harsh and heartless. This may have shown manifestations with the treatment meted to ‘Inspector Junie Huggins.’ The sacrifices that he may have made, and the constant dangers being faced, saw the named Inspector derived the yearly meagre sum of fractionally over ‘EC$ 12.’ Such was due and payable only to personnel of a non-Gazetted rank.

REASONABLE CONSIDERATION

That which may not have been given ‘Reasonably Consideration’ states for the knowledge of every member on the ‘PSC;’ ‘In considering which punishment shall be imposed, if any charge is found to be proved, regard shall be had to the officer’s record of Police Service as shown in his personnel record’ [Section 12]. When the membership appeared to have completely ignored the imposition of the statutory maximum fine of ‘EC$200,’ it could reasonably be inferred that they intended by whatever means, legitimate or illegitimate, the ‘Inspector and his family shall spend a miserable and unenjoyable Christmas-2023.’

BREACH OF DISCIPLINE:  PUNISHMENTS

Given the respective constitutional authority of; (i) ‘The Police Service Commission (PSC); and (ii) The Commissioner of Police’ [CO: 1981: Section 105 (i) and 1o5 (5)]. the ‘Punishments’ statutorily stipulated, it is provided for the benefit of public knowledge, and members that might be starved for such knowledge. The imposable punishments have always been dependent upon the nature and gravity of the particular ‘Breach of Discipline.’ These are listed as; (i) ‘Dismissal from the Police Service; (ii) Requirement to resign; (a) ‘Forthwith, or on such date as may be specified in the decision; and (b) Dismissal on refusal or failure so to do; (iii) Reduction in rank; (iv) Reduction in the officer’s rate of pay for such period not exceeding one year; (v) Fine not exceeding EC$200; (vi) Reprimand; and (vii) Caution’ [Section 11: Police Act: Chapter 330: Volume 12].

CONCLUSION

The ‘Incentivized Increment’ was graduated from the rank of ‘Police Constable.’ It was duly approved by the previous ‘Commissioners of Police.’ This also included the currently-serving Commissioner, Attley Rodney QPM.’ The office-holder that has failed or in any way or negligent in paying attention to matters of administration, is likely to see the perennial plight of subordinates, gravely and exponentially increase. Such holder, not only has a statutory responsibility for superintendence, but also exclusive command and control of the ‘Police Service’ [Police Act: Chapter 330: Section 6: Chapter]. Fundamental to the successful tenure of a ‘Commissioner,’ has always been his/her handling of administrative matters. This shall be buttressed by the knowledge and professional competence of ‘Gazetted officers.’ Thus, none shall be seen as; ‘Square pegs in round wholes.’ Most fundamental to ‘Force Morale,’ all ‘Terror’ shall cease on ‘Nevis Street.’

 

 

 

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