Interestingly, on visiting the ‘Antigua Observer’ news portal to ascertain just what may have trending, the first line on its opening page states; ‘Let There Be Light.’ A ‘Law enforcer’ that interprets this to mean a ‘Light’ to guide the feet to enter upon private property at night when not so summoned by the owner/occupier and when no crime was committed or reported, runs the risk of being litigated against. Moreover, and officer that entered; (a) ‘Without invitation; and (b) Without lawful authority,’ also runs the risk of not only being seen as intrusively vexatious to the spirit, but may also exposed him/herself to be deemed a ‘Trespasser,’ even when no evil intent existed in his mind.
THE PEACE MAKERS
Thus, when a person, including Law enforcer’ not acting in the executing of Duty, and persistently remain on private property, having been lawfully required to depart, would, if litigated against may have no justification when so ordered to depart. Since they ‘Come in peace, they shall also leave in peace.’ After all, they are to be seen by the citizens as ‘Peace Makers.’ Law enforcers shall know that only two ways they may enter such property; (i) ‘Casually, by invitation of the owner/occupier; and (ii) Lawfully by authority of the Court.’ Such may be issuances of: (a) ‘When ‘Criminal Investigations’ dictate ‘Warrant to Search; and (b) When issued for ‘Arrest’- Warrant in the First Instance.’
LET THERE BE KNOWLEDGE
In the case of the former, when owner/occupier request the absence of the person’s presence, he/she shall leave. In the course of ‘Criminal investigations,’ only upon completion of ‘Search or Arrest.’ Interference in the latter could result in arrest for ‘Obstruction in the Execution of Duty.’ Though not necessarily for reasons of plagiarizing ‘Let There Be Light (Observer), but for re-phrasing and enlightenment for the benefit of ‘Law enforcers,’ it was coined; ‘Let There Be Knowledge.’ If there was a time for ‘Law enforcers’ to improve upon their approaches to; (i) ‘Crime and Violence; and (ii) Intervention into issues of a tortious domestic nature.’
When law enforcers dabble in matters outside of ‘Criminal Jurisdictions,’ of which no legal authority exists, they are very likely to cause consternation and unnecessary difficulties for others and themselves. These ill-informed and ill-equipped officers, shall know the very ‘Basics.’ They shall have the knowledge and ability in distinguishing the various judicial authorities. These shall guide them to an understanding of; (i) ‘Summary and Criminal Jurisdictions; and (ii) ‘Civil/Tortious Jurisdiction.’ They shall also know that when motorists veered off their ‘Lane’ [Information; Water and Light Minister Melford Nicholas MP & CSP], accidents do occur.
WEALTH OF KNOWLEDGE
It has been for very good reasons that former ‘Commandant of the then ‘Langford Police Training School.’ ‘Sir Wright Fitz Henley George KCN, QPM, CVO, CPM’ had constantly said to ‘Police Trainees; ‘Knowledge is power, but some people either wanted, or were given ‘Power without Knowledge.’ Positionally, these were, the people ‘Sir Wright’ had described as among the ‘most dangerous and ruthless persons.’ Then there was this ‘Head Master,’ Charles Emanuel Best.’ Whether of superior or inferior intellect, he had never missed a teaching session without encouraging pupils to read. This he often said; ‘Reading makes a ready man’ [Colonarie Roman Catholic School (CRCS): SVG].
HALF THE TROUBLE
Applied to a number of ‘Police Services within the ‘Organization of Eastern Caribbean States (OECS),’ Half the Trouble’ with Law enforcers and the citizen were often caused, either by Law enforcers that seemed to have been knowledgeably affected by man’s gravest enemies. Those that were seen through attitudes and behaviors, expressions and courses of actions, were easily identified as the ‘half-trained, semi-illiterate and daft.’ Invariably, these have been the law enforcers that general public have seen as projecting images as being intimidating and terrorizing. These were often the ones accused of senseless brutalization of the helpless, hapless and defenceless members of the society.
Many of these officers were often been seen as starved of ‘Jurisdictional Knowledge.’ Consequently, many appeared not to know and reckless not to know that matters of ‘Family and Child Custody,’ are strictly for consideration of the ‘Magisterial Family Court.’ Thus, matters of ‘Child Welfare,’ shall always be advised to have them referred by parents and Welfare officers to such jurisdiction. Given the growing incidences of ‘Domestic disputes and related issues of ‘Child Custody,’ if there was ever a time when law enforcers shall distinguish between ‘Summary and Criminal Jurisdictions’ from ‘Civil Jurisdiction,’ it shall be now.
A necessary part of the task of achieving organizational objectives, has always been the development of ‘Public Attitudes,’ favorable to their attainment. Therefore, in order to improve membership’s awareness, these has to be greater emphasis on training in public relations at all levels. This shall be included in ‘Training Manuals for Police Recruits.’ This has always been of critical importance. This has been particularly so, since in the handling of the public and members of the wider society, trainees shall be given guidance in the use of tact and discretion. Thus, if organizational leaders, are to be seen as efficient and effective, there shall be few reasons for the populace to be distrustful and fearful of its members.
Though not necessarily intended to be used casually or rhetorically, in some situations term ‘Leadership Matters,’ means something fundamental. From an organizational perspective, and specifically to ‘Police Services,’ it means having effective command and control, not only of the organization, but also of the behavior of its membership. It means effectively dealing with apparent ‘Invasive Sub-Cultures’ that have the potential to affect its image and reputation. It also means eliminating behaviors and/or courses of action that might be inimical to the interest of the organization, as well as to those it has a legal obligation to ‘Protect and Serve.’
SPIRIT OF LAW
In the eyes of the citizenry, law enforcers are to be seen as actin ‘professionally, knowledgeably; lawfully; civilly; sensitively and discretely,’ and in the ‘Spirit of Law.’ These, inter alia, not only speak to several pre-requisites necessary for improvement of knowledge of the law, but also of high professional standards and competence. From this ‘Perspective,’ it was voluntarily decided, through this news portal, to offer a few ‘Serialized Public Lessons.’ It shall offend no senses to revisit the ‘Law Enforcement Code of Ethics.’ Guided by knowledge, both citizens shall have commonality of understanding of the nature of Police work and the services enforcers are often called upon to perform. Those with professional and procedural knowledge, are always better positioned to make informed decisions. Those without, are more like to cause confusion and misunderstanding.
LESSON 1: CODE OF ETHICS
In most organizations- formal and informal, not only shall they have rules and precepts for organizational control, but also ‘Codes of Ethics’ for behavioral guidance and disciplinary control. This ‘Lesson,’ provides a look at the ‘Law Enforcement Code of Ethics (LECE).’ In the light of recent developments, it should do no harm for law enforcers to revisit a few of the fundamental principles. Therefore, with knowledge of their individual and collective roles and an understanding of the environment in which they work, their approach to situations that may occur outside of criminal jurisdiction.
AUTHORITY AND BRUTALITY
This necessarily means that in order to improve their image, as well as that of the ‘Police Service,’ law enforcers shall not only demonstrate by their attitude, expressions and behavior, but also, courses of action that speak to abuse of ‘Authority and Brutality.’ These, undoubtedly, should show that they are worthy of citizen’s respect, trust, confidence and cooperation with members of society. That which each member shall know, is that every action taken, individually or collectively, has a bearing on their relationship with members of the public and owners/occupiers of privately-owned property.
SPIRIT OF DISCERNMENT
Recent developments within the nation, speak to a behavioral pattern capable of inviting the wrath of the public. Those with the ‘Spirit of Discernment,’ have to capacity to see that a very small minority of apparent misguided, uncouth and overly officious, hostile, aggressive and combative Law enforcers.’ This not only speaks to an urgency, but also a dire need for ‘Re-Training’ of officers identified with such behavior. These law enforcers, have not only incensed the feelings of otherwise peaceful and law-abiding citizens, but also seemed to have provoked the devil deep down in hell.
Law enforcers shall know that when ‘Requested’ to intervene in matters for ‘Civil Jurisdiction,’ some ‘stiff-necked officers,’ might just be walking on the street paved with litigation. Intrusiveness, not only constitutes unlawful entry, but may also prompt civil lawsuit for ‘Unlawful Trespass.’ Advisably, law enforcers shall never be seen as being ‘overzealous, over-officious and misguided. Parliament had long anticipated that, either out of ‘Egoistic Zeal,’ ignorance or sheer stupidity, some law enforcers may exercise powers not residing in their office.
VIOLENCE AND UNLAWFUL ARREST
It has been for these particular reasons ‘Parliamentarians’ then inserted into the ‘Police Disciplinary Regulations (PDR)’ the particular provision as herein referred. To all intents and purposes, the disciplinary provision states, that an officer commits a breach of discipline; (i) ‘If without good and sufficient cause makes any ‘Unlawful Arrest;’ and (ii) If he uses any ‘Unnecessary Violence’ to any prisoner or other person with whom he/she may be brought into contact in the ‘Execution of Duty’ [Police Discipline: Paragraph ‘H:’ Chapter 330]. These disciplinary offences, if pursued, may very well save the day, not only for; (i) ‘Franklyn James [ABS TV: December 16, 2022]: and (ii) Dean Jonas’ who have alleged to have been ‘Victims of Police Excesses’ [ABS: January 31, 2023], but also other potential victims.
While the system continues to criminalize and penalize the indigent or poverty-stricken members of society, the ‘Good Citizen,’ suffered no indignities of ‘deprivation of liberty; handcuffs, painful brutality.’ Several, likened to ‘Vultures,’ can be seen roving around depressed communities, looking for victims to prey on. These have been the ones that seemed to have suffered from nigeritis, when the subject; ‘Law Enforcement Code of Ethics’ may have been explained. Having missed that lesson, this may very well be an opportune time for chronically inclined to be viciously, senselessly and mercilessly brutal, to reflect upon their behavior and action that begs for rationality, justification and ‘Professional Knowledge.’
From vivid recollections of formal ‘Law enforcement Training,’ bringing a wealth of knowledge from the ‘Regional Police Training Center (RPTC) [Barbados], and imparting it to his students, ‘Sir Wright’ instructed every ‘Police Trainee’ to become conversant with the ‘Law Enforcement Code of Ethics.’ That which each wrote were: ‘As a Law enforcement officer, my ‘Fundamental Duty,’ is to; (a) ‘Serve mankind; (b) Safeguard life and property; (c) Protect the innocent against deception: (d) The weak against oppression and intimidation: (e) Peaceful against violence or disorder: and (f) Respect the constitutional rights of men/women.’ Most importantly, a legal undertaking an extended duty to ensure their; (a) ‘Liberty: (b) Equality; and (c) Justice.’
OBJECTIVES AND IDEALS
While these may have been accepted as the ‘Objectives’ aimed at in the ‘Law Enforcement Code of Ethics,’ it was also clear in the minds of those that crafted these, saw other ‘Ideals.’ Considering the purpose of this ‘Lesson,’ it makes good sense, but only to the extent that good use will be made of it, by those being targeted within the ‘Police Service.’ Among the most important of ‘Ethical Behavior,’ has been those which states: (i) ‘I will never act officiously; or (ii) Permit personal feelings; (iii) Prejudices; (iv) Animosities; and (v) Friendships to influence my decisions.’ Not infrequently, those in depressed communities have been forced to speak to the wrath that had descended upon them by a small minority, capable of being described as constantly exhibiting ‘roguish and brutish behavior.’
Finally, in concluding this ‘First Lesson – No. 1,’ the ‘Law Enforcement Code of Ethics,’ further states for the conscientious law enforcers that they shall; (a) ‘Enforce the Law courteously and appropriately; and (b) Shall do so without; (i) ‘Fear; (ii) Favor; (iii) Malice; or (c) Ill-will; and (iv) …I WILL NEVER EMPLOY UNNECESSARY FORCE OR VIOLENCE AGAINST ANY PERSON.’ This appears consistent with that which the ‘Police Disciplinary Regulations’ ANU: Chapter 330], not only seek to prevent and ensured, but also to penalize those a ‘Police Disciplinary Tribunal’ so found in serious breaches of organizational discipline of this nature. This, therefore, ends the ‘First Open Public Lesson: No. 1.’ To be continued……. ***
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Why the country have law enforcement officers, and what are the real reason having police officers,if there was no police officers, people would become more violent,we would have trouble in this country alot.
Once a report is made, police have the right to investigate,we can’t wait until a crime is committed,or someone injury someone, police officers are there to investigate crime,but to prevent the situation from happening.
DUTY TO INVESTIGATE: …LEGALLY BOUND
Law enforcers never have a ‘RIGHT’ to investigate.
They are ‘…Legally Bound’ so to do [Sections 22 & 23: Police Act: Chapter 330].
That which Law enforcers ‘NEVER’ has, is a ‘RIGHT’ to enter upon ‘…Private Property’ without:
(a) ‘…An invitation to enter by owner/occupier; and
(b) …Without ‘Lawful Authority’ (Warrant to Search/Arrest).
Law enforcers that are starved for ‘…KNOWLEDGE’ may ‘BELIEVE’ they have a ‘RIGHT’ to ‘CRASH A BIRTHDAY PARTY.’
When the ‘…Private Property or Place of Party,’ becomes a ‘…CRIME SCENE,’ neither ‘Owner/Occupier’s Invitation,’ nor ‘…Lawful Authority’ is needed.
Hope this helps to guide your knowledge.
A ‘Search Warrant’ or a ‘Bench/Arrest Warrant’ is not applicable in the Dean Jonas saga! There is no other warrant that exists where the police can obtain from the courts to visit the accused home in order to investigate a matter. The police was simply responding to a report made to them by the mother of the child which they have the right to do. If during investigation the accused refused to cooperate, it could be interpreted as ‘Obstruction of Justice.’ Even before going down the road of ‘Obstruction of Justice’ Mr. Jonas committed a number of offences which lead to his arrest. They are:
2. Threatening language
What happened after that based on the video he further committed other offences such as ‘Resisting Arrest’ not too sure about ‘Battery on Police’ but ‘Disorderly Conduct’ is definitely not appropriate. He was in his private premises not in a public place.
ABSOLUTELY CORRECT: …PROCEDURAL BLUNDER: …LACK OF KNOWLEDGE
(i) …The officers did not enter the premises to conduct a ‘…SEARCH OF THE PREMISES: and
(ii) …The Court had issued no ‘…WARRANT IN THE FIRST INSTANCE’ to Arrest him.’
Authoritatively, this was a ‘…Procedural Blunder,’ due to ‘…LACK OF KNOWLEDGE.’
@POMPEY: Perhaps you should go to see the Police Top Brasses and set up leaderships classes for all and sundry. It must be based of the Laws of the Land as it pertains to them performing their respect duties. You have the knowledge and the capacity in my opinion to become that Instructor. What say you?
When you know differently you should say differently.I would never dispute Mr Pompey’s offering because procedurally he is on point.
However Mr Pompey knows better, his years of experience if he is honest will also say that under his watch the same obtained.
This insight by Mr Pompey. W Robinson, and V Brown ethos al, although true will be edged deep into the ethos of history as the moment the police efforts to properly and effectively investigate and obtain evidence becomes stymied.
1 The police may now become gun shy and advise the public who require assistance that their matter is of a civil nature and they must seek the assistance of a lawyer.
2 If this happens the public will lose confidence in the police to effectively secure them.
3 If the police respond to a report, they may stay outside of the boundary and seek permission to enter, if that permission is not granted they may stay put outside the boundary awaiting a warrant.. By the time the warrant arrives a otherwise preventable matter is now a crime scene.
4 The Citizenry may no longer cooperate with police because they may be quick to shout at the police “Get off my property, CUM OUTTA ME YARD”.
Mr Pompey on a quest to be right take your crown because the police force faces an up hill climb when ever this matter is disposed of.
In the interest of security the ones who knows differently should have kept their moths shout rather than undermine the system that gave the prominence.
Your comment is in FANTASY land … filled with MAY … COULD … IF THIS HAPPENS .. as if you are inferring and expect others to travel this fantasy road filled with your illogical thoughts… NOPE .. I certainly will NOT… The police was wrong. (PERIOD) (DROP MIC) (EXIT LEFT)
Forgive the errors was typing quickly. See through the errors and focus on the message.
@pompey (Sir)- I recall the discussions re another event when the police trespassed and it resulted in a death. Citizens were upset and made their displeasure clear. The lessons were clearly articulated. Years later its like we are back to square one. Have to wonder if you are not facing cognitive dissonance. Perhaps if the person involved was not a politician then it would be easier for persons to accept the facts you are stating. Keep teaching
M4 Pompey please stand up…..
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