SSU: Booby Alley Rubber Bullet Eviction

SSU: Booby Alley Rubber Bullet Eviction

Rawlston Pompey

It has long been the experience that in human socialization, there has been; (a) Invasion of space; Intrusion of privacy; and those brave enough to protest, know of certain inevitabilities. One of which has been ‘Deprivation of Liberty.’ Speaking to ‘Protection of Space,’ when a ‘Chinese Balloon’ reportedly entered the United States ‘Airspace,’ quickly scrambled ‘Fighter Jets’ took it down. Most intriguingly, when Parliamentary colleagues and incumbents, met in a small ‘Village Space,’ had the ‘Spirit of the Living God,’ removed its invisible presence, then taking offence, most certainly, ‘Prime Minister Gaston Browne,’ may have ‘Thump him down’ [Loop: January 1, 2023]. The song both of them may have sung, was ‘Satan Coming Down’ [Dean of Calypso: Rupert Philo: Mighty Swallow: YouTube].

GASPING FOR BREATH

In their eyes and minds, the citizenry appeared to have become ‘Mortally Afraid’ of the ‘Contingency Unit,’ called ‘Special Services Unit (SSU),’ now seen to be spiraling out of command and operational control. The nation might now be facing a dangerous set of ‘Rubber Bullet-prone to use Police ‘SSU’ officers. That which suggests such inclination, could easily be reflected upon from the events of ‘October 8, 2021,’ and the recent development in the ‘Pointe/Booby Alley’ [April 4, 2023]. Respecting the former, ‘Anti-vaccine protesters,’ were reported to have been dispersed by this ‘Unit.’ Several protesters were not only reportedly left battered, but also bruised. In the teargas-filled atmosphere, many people were reportedly being peppered with ‘Rubber Bullets’ by the ‘Police Tactical Unit,’ many protesting and non-protesting citizens were left ‘Gasping for Breath.’

BRUTAL COERCION

In recent times, it appears that it was the ‘Police Service’ that has been ‘Gasping for Public Confidence.’ Guided by the Law enforcement subject, ‘Powers of Observation,’ well-taught by the highly venerable ‘Sir Wright Fitzhenly George, KCN, MVO, QPM, CPM,’ and professional experience, a ‘Police Service’ staffed with some of the nation’s most committed; devoted and dedicated’ men and women, now breathlessly ‘Gasping for Public Respect.’ The enforcers of criminal law, that know the difference between; (a) ‘Service and servitude: (b) Dignity and indignity; (c) Gentle persuasion and ‘Brutal Coercion; (d) Tactful approach; and aggressiveness; and most importantly, know the difference between (e) Civility and incivility,’ shall know that to every action, there is an equal, but opposite reaction.

PERSPECTIVE

Considered among the most reliably informed and easily the most up-to-date and ‘Reliable News Portal,’ has been the ‘Antigua News Room.’ A screen shot has shown unmistakably, shown telling evidence of ‘SSU Excess.’ Publishing ‘Cabinet Notes, for Thursday, April 5, 2023,’ it made ‘Startling Revelations.’ This commentary looks at inter alia, (a) The said situation; (a) Apparent excesses of the ‘Special Services Unit (SSU)’ by the use of the ‘Tactical Weapon- First Responders Gear (FRG); (b) Functional role of the Police: (c) Oath of Office; and (d) Functional role of the Court-appointed Bailiff, Roydon Joseph’ as it affects those developments.’ It also looks at Sections of the ‘Police Act’ as they relate to the statutory-stipulated duties and responsibilities’ [Police Act: Chapter 330: Sections 18: 22: & 23].

FUNCTIONALLY STUPID

When it comes to apportioning blame, when things seemed to have gone ‘radically or stupidly wrong,’ many among the citizenry seemed unable to make distinction in dishing out blame. That which the environment often seemed to have done, was attracting the most ignorant and incompetent, law enforcers to be subjected either to subserviency, or to exploitation or manipulation. Not infrequently, when civil authority has exhibited conduct capable of being described as functionally stupid, blame was often apportioned to a nation’s leader. In the sensitive and troubling ‘Residential Eviction Debacle’ between the ‘Gaston Browne-led administration and the ‘Pointe/Booby Alley Community,’ seemingly crawling like crabs often found at the Gutter-side, the Police have now found themselves in a pot of steaming boiling water.

EXECUTIVE DISGUST

It may have been for reasons of ‘Executive Disgust,’ that Members of the ‘Cabinet’ decided and ‘Agreed’ that ‘an Assistant Commissioner’ shall be invited to accompany the ‘Minister at the Cabinet Press Briefing.’ In fact, he was called upon to perform the role of; (i) Commissioner of Police Atlee Rodney; or (ii) Justice; Police; Public Safety and Law and Order, Steadroy ‘Cutie’ Benjamin.’ Seizing the opportunity, he sought to show justification for; (i) ‘The unlawful trespass on private property; and (ii) Unnecessary exercise of authority’ by ‘FRG-equipped officers of the ‘SSU.’ Seemingly, administrative unfamiliarity’ may have caused much trepidation and/or embarrassment.

SUSPECT AREA OF GRAY

While ‘Pathologist Dr. Lester Simon’ may speak to ‘Monkey on Mountain,’ he could never have accused Assistant Commissioner of Police, Clifton Cabral’ of delivering a ‘Eulogy of Nonsense.’ While there appeared to have been a suspect area of gray that the house dweller Joel O’Marde’ had been armed with an offensive weapon in his own home, he may have given the very opposite of ‘Untruthful.’ Even so, given the benefit of inadvertence that which a particular paragraph in the ‘Cabinet Notes’ appeared to have touted. d, was that ‘Police officers’ do not enforce ‘Litigious Court-Issued Eviction Orders.’ Should it have been for reasons of obscurity, the omission was intended to deceive the media, then ‘Cabinet Press Briefing-invitee, ‘Assistant Commissioner of Police Clifton Cabral’s account would have made the ‘Notes of Cabinet’ suspect.

BRUTES AND THUGS

Appearing on State-owned media and perhaps, on the same ‘Lane,’ yet he was clearly, not in the same league and language as that of the eloquence and articulation of the ‘Cabinet Spokesperson. It was apparent that the ‘Pointe/Booby Alley Police Eviction,’ speaks to inter alia; (a) ‘Inadequacy of professional training; (b) Lack of role and procedural understanding; and (c) Starved for supervision,’ had outraged the entire community. This occurred when misguided members of the ‘Police Tactical Unit’ resorted to the use of painful force. Clearly a misnomer, smarting under the name ‘Special Services Unit (SSU),’ as in some regional jurisdictions, such ‘Units’ were often staffed with ‘Brutes and Thugs and Extrajudicial Killers.’

UNLAWFUL ENTRY/MALICIOUS DAMAGE

Though seemingly ill-advisedly participating in a ‘Cabinet Press Briefing,’ Assistant Commissioner, Clifton Cabral’ appeared to have given a ‘Truthful Account’ of the unfolding events. Clearly unwittingly, but truthful, he spoke to applicable force by an apparent ‘First Responder Gear (FRG)’ trigger-happy ‘Special Services Unit (SSU)’ officers. In clearly purposeful; destructive and devastating mode. He made two confirmations. These speak to; (i) ‘Committing Violence (Malicious Damage) to a backdoor to effect and gain ‘Unlawful Entry;’ and (ii) An unprovoked and bruising ‘Rubber Bullet’ assault against the non-combative ‘Booby Alley’ resident,’ whom he reported had ran back into the dwelling house of which the Police had ‘no ‘Powers of Eviction’ and outside the realm of ‘Criminal Jurisdiction’ [ABS: April 6, 2023].

ORGANIZATIONAL RESPONSIBILITY

If for reasons of expediency or subserviency, a ‘Commissioner of Police or an Assistant Commissioner’, shall harbor certain belief, they would have been grossly reckless not to know that; ‘No statutory authority resides with the enforcers of the ‘Criminal Law’ to perform the ‘Functions of Court Bailiffs.’ Nowhere in the ‘Police Act,’ does it refer to ‘Court Bailiff’’ [Section 22 & 23: Police Act: Chapter 330]. That which shall be said is that those holding ‘Organizational Responsibility,’ shall know that anything that goes wrong, they are responsible.

CLASH WITH POLICE

Those with some familiarity with; (a) ‘Police work; (b) Police Operations-Criminal investigations and; (c) Situational use of ‘Tactical Weaponry,’ knew that something appeared to have been; (i) ‘Fundamentally wrong; (b) Radically reckless; and (c) Factually misleading.’ When ‘Cabinet Notes’ revealed, inter alia, states; That members of the ‘Royal Police Force’ who (a) ‘Acting on a Court Order; and (b) A male who had occupied a wooden house in ‘Booby Alley refused to exit,’ it may have been misguided. When it also speaks to a ‘Clash with the Police,’ its members may also have been wrongly briefed on what really may have transpired. [ANR: April 6, 2023: Paragraph 1],

TYRANNY – BRUTALITY – MURDER

In both seniors and subordinates, many appeared not to have learned lessons from; (a) ‘The tragic and unlawful trigger-happy Police killing of ‘Denfield ‘Tody’ Thomas’ at his ‘Liberta’ residence and home [ANR: October 2018]. Incidentally, the ‘unnecessary; unjustified; and unlawful killing,’ saw, then ‘Area Representative ‘Elliston ‘Namba’ Adams’ former Member of Parliament,’ and then rival, now ‘Area Representative, E. Paul Chet Greene,’ responsibly mobilizing the angry community. Such was intended to fight against, and bring awareness to the populace of ‘Police Excesses’ of ‘Tyranny; Brutality; and Murder’ [October 24, 2006].

BRUTAL ABUSE

When ‘Law Enforcers’ become confused with ‘Enforcement of ‘Court-Eviction Orders,’ there is the likelihood of such officers exercising authority not so residing in them. Equally as much, the citizenry is not only likely to be subjected ‘Brutal Abuse,’ but also unlawful deprivation of their freedoms and liberty. The experiences of ‘Pointe/Booby Alley,’ resident Joel O’Marde’ makes vividly attest to this truth. The citizens have been given a grim reminder of the ‘Seed of Oppression.’ They now know that which is trending. They know that when the Judiciary has failed, the use of ‘Rubber Bullets’ is likely to be used by ‘Police Eviction officers,’ Even as he made a valiant attempt, he appeared to have wobbled over the issue of a ‘Knife on Table.’ That which he shall have known or reckless not to known, was that though ‘Cutlery’ can be used at any place ‘Offensively,’ in the privacy of a citizen’s dwelling house, it can also be used ‘Defensively.’

JUDICIALLY- ORDERED EVICTION

That which was organizationally known was that ‘Routine Request,’ when formally made to the ‘Office of Commissioner of Police’ for ‘Police’ presence, usually: (i) ‘To provide prevent likely ‘Breaches of the Peace; and (ii) General maintaining order.’ The same applies to ‘Bailiffs of the High Court of Justice or the Magistracy.’ As an inter-agency cooperation and service, a small contingent of Police officers,’ was often deployed to offer protection to the ‘Court-assigned Bailiff.’ As there was no Criminal or Civil Jurisdiction,’ such contingent was often briefed of their presence and role. In whatever the functions to be performed by any such ‘Bailiff,’ ‘Protection officers’ were not to be seen as ‘Police’ interventionists, as to anger affected ‘Litigants’ or those subjected to ‘Judicially-Ordered Eviction.’

FUNCTION OF BAILIFFS

That which some ‘Commissioners of Police and Assistant Commissioners of ‘Police’ appeared not to have known, was that, in litigious proceedings and resultant issuance of ‘Court Orders,’ enforcement of such is ‘Sole Function’ of ‘Court-appointed Bailiffs’ [Magistracy/High Court of Justice]. In their official capacity as members of the ‘Police Service,’ and in the discharge of their individual and collective ‘Statutory Duties,’ the membership does not litigate against, or on behalf of the citizenry for ‘Tortious Wrongs.’ The simple reason is are that ‘Torts are ‘Civil wrongs.’ Though some might be both ‘Private and Criminal,’ they provide no ‘Civil jurisdiction to Police officers to intervene criminally.

ILLITERACY AND IGNORANCE

In his heyday, ‘Slinger Francisco, ‘Mighty Sparrow,’ arguably the world’s most prolific and revered social commentator, sought to enlighten and encourage the people of the Eastern Caribbean. A most telling line of the lyrical contents of the social commentary ‘Education’ says; ‘Ignorance impedes progress’ [Song: Education: YouTube].  Performing to audiences, he saw that which often bring adversities, human tragedies and miseries as: (i) ‘Illiteracy; and (ii) Ignorance.’  In their application to some regional Police Services, ‘Ignorance and Incompetence’ appears rampant. The keenly observant may clearly see that these do not impede the progress of those environmentally considered the ‘Golden Boys of Docility.’

IGNORANT AND INCOMPETENT

Today, across the sub-region, as it is in this jurisdiction, evidence has shown that while the competent were left hopelessly depressed, the ‘Ignorant and Incompetent,’ kept moving to ranks, like ‘Eagles’ soaring in the skies under the ‘Golden Sun.’ Given recent developments in the ‘Pointe/Booby Alley Community,’ had the venerable members of the ‘Police Service Commission (PSC),’ viewed the State- media-video ‘Cabinet Press Briefings,’ except for ‘self-conceit, insularity, hypocrisy and vulgarity,’ they will have seen what they have done to ‘Superintendent of Police, Lisbon Michael.’

LEADERLESS SSU

Reportedly often avoided ‘Police Media Briefings on Crime and ‘Statistical Data’ on successful: (a) ‘Solving of murders: (b) Apprehension of accused murderers; and (c) Prosecutorial success.’ Instructively, in an incident far removed from his areas of responsibility, ‘Assistant Commissioner Clifton Cabral’ was either; (a) ‘Selected by the environment; or (b) Directed by Commissioner of Police Atlee Rodney.’ Little did the substantive ‘Head of Special Branch (HSB)’ and ‘Figure Head of the Criminal Investigations Department (CID)’ knew, was that he was in fact divulging information on an apparent ‘Unauthorized Tactical Operation.’ Little he may have known that the apparent ‘Leaderless SSU,’ was not acting in the ‘Lawful Execution of Duty.’

BARRICADING RESIDENT

That which was widely and universally known, was that ‘Rubber Bullets’ were used only to; (i) ‘Public Order was threatened or occasioned; (ii) Dispersing attacking rioting crowds or violent and unruly mobs; and (iii) Dispersing rioters from the public streets. ‘These are among the several justified reasons. From law enforcement perspective, clearly, a ‘Resident Barricading’ him/herself in their dwelling houses, as ‘Assistant Commissioner of Police, Clifton Cabral revealed; (i) ‘Committed no crime: (ii) Breached no Peace; and (iii) Posed no threat to; (a) His community: (b) The safety of Court Bailiffs; nor (c) Posed no danger to the interventionists law enforcers, that neither appeared to have possessed; (i) ‘No legal authority: nor (ii) An open or extended invitation.’

LAWFUL FUNCTION

Undoubtedly, when ‘High Court Bailiff Roydon Joseph’ presented himself at the ‘Pointe/Booby Alley’ community, it was for the legitimate purpose of evicting himself and other family members. Failing to secure the cooperation in a judicially-ordered; (a) ‘Eviction from; (b) Demolition of a dwelling house; and (c) Causing the removal of debris,’ most wisely retreated. Even with ‘Security Protection of the Police, as he sought to perform a ‘Lawful Function.’ But encountering a ‘Contemptuous Resident, Joel O’Marde.’ Seemingly, agitated and riled-up, he barricaded in his ‘Living Space,’ members of the rapidly gaining notoriety- the ‘Special Services Unit (SSU)’ flattened him with a single ‘Rubber Bullet’ [April 4, 2023].

POLICE CONTINGENT

Had the escorting ‘SSU Officers’ understood the punishable act and offering advice to the ‘Bailiff,’ except for violent ‘Community Protestation,’ there may have been no need for the use of ‘Rubber Bullets.’ Before the ‘Pointe/Booby Alley Resident’ could have said, ‘Hail Mary, Full of Grace,’ two belligerent and misguided ‘SSU’ personnel reportedly entered ‘Unlawfully and Forcefully,’ with a single ‘FRG-discharged Rubber Bullet,’ reportedly demolished the back door of his dwelling house. He was reportedly accompanied by a ‘Police Contingent.’ Such comprised, and led by a ‘Sergeant: Corporal and Constable.’ Their ‘Role’ was primarily the maintaining order and ensuring the ‘Rule of Law’ prevails.’

PUBLIC TESTIMONY

Seemingly ‘Fixated’ on eviction and use of force, albeit, non-lethal,’ yet ‘Begging for Justification, little he may have known, he was giving ‘Public Testimony.’ Exhibiting unfamiliarity with the statutory duties contained in the ‘Police Act,’ [Sections 22 and 23], saw the ‘Assistant Commissioner’ unconvincingly sought to show justification use of the ‘Tactical Weapon- First Responders Gear (FRG).’ against the resident of ‘Pointe/Booby Alley community. If it helps clarity of understanding of both Law enforcers and the citizenry, the ‘Tactical Weapon’ that has recently came under intense public scrutiny has been the weapon called, ‘First Responder Gear (FRG).’ Universally, it was used to suppress street rioters. There was no revelation that ‘Joel O’Marde’ was so rioting.

SOLE FUNCTION OF BAILIFFS

That which some rank-and-file personnel appeared in serious want of procedural knowledge, was that, in litigious proceedings that resulted issuance of ‘Court Orders,’ enforcement of such is ‘Sole Function’ of ‘Court-appointed Bailiffs’ [Magistracy/High Court of Justice]. In their official capacity as members of the ‘Police Service,’ and in the discharge of their individual and collective ‘Statutory Duties,’ the membership does not litigate against, or on behalf of the citizenry for ‘Tortious Wrongs.’ The simple reason is are that ‘Torts are ‘Civil wrongs.’ Though some might be both ‘Private and Criminal,’ they provide no ‘Civil jurisdiction to Police officers to intervene criminally.

ROUTINE SERVICES

Many among the rank and file appeared not to be able to distinguish their statutory role from those administratively considered as; ‘Routine Services.’ Such services were often rendered to ‘Court-appointed Bailiffs,’ and by extension, members of the wider society. It was within administration and public knowledge that some officers were, and are fully engaged in rendering ‘Security Protection Services’ to business operators, such as; (a) ‘Hotels and Guest Houses: (b) Night and Strip-Tease Clubs: (c) Casinos: (d) Supermarkets: (e) Carnival and socially-organized fetes, parties and dances; (f) Sports events; (g) Escort of Government revenues; (h) Static duties at trouble-prone educational institutions; as well as (i) Providing escort services to members of the corporate citizens of their Bank deposits, as well as bereaved and grieving families.’

OPERATIONAL FACTS

Though the ‘Cabinet’ avoided the identity of the accompanying officer, seemingly seized of ‘Operational Facts,’ logic dictates that he may have been considered for the ‘Press Briefing.’ Even as its members were reportedly collectively briefed by ‘Justice and Police Minister Steadroy ‘Cutie’ Benjamin,’ when Cabinet took the ‘Decision’ that ‘an Assistant Commissioner of Police’ should speak at the ‘Press Briefing,’ realizing that rank-and-file officers’ may have been circumspect over the ‘Decision,’ skillfully, the ‘Cabinet Notes’ refer to ‘an Agreement.’ Such speaks to no representation, neither of the ‘Commissioner of Police Atlee Rodney QPM,’ nor of the ‘Police and Justice Minister.’

SCREEN SHOT

It has been said that a ‘Picture is worth a thousand words.’ The advent of, and improvement in technology, has vastly improve human understanding of that which was then not universally widespread to the average people.  From a particular published screen shot for the citizenry to view, it has vividly shown; (i) ‘A male (Joel O’Marde) from shoulder to head, sitting at a window of his dwelling house: (ii) His right-hand clasping that of a female looking up at him from beneath the window; (iii) His left hand visibly resting upon the window-sill facing the camera.

MOST OBSERVEABLE

Brutal Police behavior and deadly consequences have shown which was then left to imagination. That which was ‘Most Observable,’ were (iv) ‘Another female was standing on the verandah next to the window; while (v) An identifiable uniformed ‘SSU’ member, seemingly engaging him ‘Peacefully and Fearlessly’ standing on the threshold immediately in front of the window.’ Though not necessarily his assigned professional and statutory duty to enforce ‘Court-Issued Eviction Orders,’ that which may have been discerned, was that this officer, commendably so, may have been using his wit in seeking to gain the male’s cooperation in vacating the dwelling house.

SUBDUE – EVICT – ARREST

Research has revealed that non-communication and request from the ‘Registrar of the High Court’ to Commissioner of Police Atlee Rodney QPM,’ supervision, command and control,’ saw a contingent of ‘Special Service Unit (SSU)’ responding to a call by the said ‘Court-appointed Bailiff.’ Considering the ‘Role’ of the ‘SSU officers’ and the ‘Function’ of ‘High Court Bailiff, Roydon Joseph,’ the questions an informed ‘Commissioner of Police,’ might wish to ask an ‘Assistant Commissioner,’ are; (i) ‘Was there sufficient cause for the unsupervised officers, the most senior rank a ‘Corporal of Police’ to  take over the ‘Function’ of the Bailiff?;  (ii) By using ‘FRG-discharged Rubber Bullet,’ was such violent act necessary to: (a) ‘Subdue; (b) Evict: and (c) Arrest; and (d) Whose authority influenced the  use of the ‘FRG’?’

STATE SUBJECT TO LAW

Whether or not, obedient and disobedient, law-abiding and lawless. the ‘Constitution Order’ guides the citizenry in language that even ‘Devon Benjamin, the 11-year-old grandson’ of ‘Principal Legal Adviser to his Government and Police Minister’ to understand. Even before he was conceived, the apparent studious and erudite pre-teen understood that; ‘The State is subject to the Law’ [Founding Principle: ‘D’: CO: No. 1106: 1981]. Additionally, those that have been degreed ‘Students of Law’ and have joined the ‘Legal Profession,’ namely; (i) Defence Attorneys; (ii) Magistrates; and (iii) High Court Justices,’ have informed themselves of this ‘Founding Constitutional Principle.’ Even for benefit those delivering ‘Monkey Eulogy’ [Dr. Lester Simon], and those delivering ‘Judicial Decisions’ that invariably beg for rationality, the overwhelming majority knows this particular provision.

FORCEFULLY SUBDUED

From a professional perspective, the interventionist actions appeared; (a) ‘Operationally unlawful; and (b) Committing the cardinal mistake. They will have committed a tactical, but grievous mistake in using ‘Rubber Bullets’ against a male occupant of his dwelling house that the ‘Assistant Commissioner’ revealed to have ‘Ran back into, and barricaded himself in the house’ [ABS TV: April 6, 2023]. With or without authorization by; (i) ‘Commissioner of Police, Atlee Rodney QPM: (ii) Deputy Commissioner Albert Wade QPM; or (iii) Reverend Deputy Everton Jeffers or himself, such has been the type of weaponry available for use in times of rioting citizens.

ROUTINELY-RENDERED SERVICES

Many personnel among the rank and file appeared not to be able to distinguish their statutory role from those administratively considered as; ‘Routine Services.’ Such services were often rendered to ‘Court-appointed Bailiffs,’ and by extension, members of the wider society. It was within administration and public knowledge that some officers were, and are fully engaged in rendering ‘Security Protection Services’ to business operators, such as; (a) ‘Hotels and Guest Houses: (b) Night and Strip-Tease Clubs: (c) Casinos: (d) Supermarkets: (e) Carnival and socially-organized fetes, parties and dances; (f) Sports events.

ESCORT

As it relates to ‘Escort of Government Revenues;’ (h) Static duties at trouble-prone educational institutions; as well as (i) Providing escort services to members of the corporate citizens of their Bank deposits, as well as bereaved and grieving families.’ As the name suggests, the ‘SSU,’ has a supporting role to play within the wider society. They perform services that are not necessarily stipulated by ‘Statute Law.’ For instance, though not necessarily detailed and dispatched to perform ‘Bailiff Duties,’ inter-agency cooperation, demands that Governmental departments were readily provided ‘Security Escort Assistance.’

BARRICADING RESIDENT

That which may have been made obvious to residents of the ‘Pointe/Booby Alley’ community, as well as persons who may have viewed the online video, the ‘Police Rubber Bullet Victim-Joel O’Marde,’ appeared not to have posed danger to; (a) Residents; (b) Public safety; nor (c) The lone ‘SSU’ member, peacefully, yet watchfully, stood in close proximity of the occupant of the house. From law enforcement perspective, clearly, a ‘Resident Barricading’ him/herself in their dwelling houses, as ‘Assistant Commissioner of Police, Clifton Cabral’ revealed; (i) ‘Committed no criminal act: (ii) Breached no Peace; (iii) Posed no threat to; (iii) His community; and (iv) By extension, members of the public.’

CONTEMPTUOUS RESIDENT

Consequent upon the recent developments in the ‘Pointe/Booby Alley Community,’ when ‘High Court Bailiff Roydon Joseph’ lawfully presented himself to perform his lawful function, he reportedly encountered a ‘Contemptuous Resident, Joel O’Marde.’ Seemingly, agitated and riled-up and barricaded in his ‘Living Space,’ members of the rapidly gaining notoriety- the ‘Special Services Unit (SSU)’ flattened him with a single ‘Rubber Bullets’ [April 4, 2023]. Failing to secure the cooperation in a judicially-ordered; (a) ‘Eviction from; (b) Demolition of a dwelling house; and (c) Causing the removal of debris,’ most wisely retreated.

JURISDICTION AND JUSTIFICATION

Notwithstanding safety concerns, there was no immediate threat to the ‘High Court Bailiffs; nor (c) Posed no danger to the interventionists law enforcers. They neither appeared to have found the ‘eventual Rubber Bullet Victim’ committing a crime. Moreover, they possessed; (i) ‘No Legal authority: nor (ii) Had an open or extended invitation to enter upon private property.’ The statutory duties contained in the ‘Police Act,’ are well described [Sections 22 and 23]. An Assistant Commissioner that lacks familiarity, may find it difficult in navigating himself out of any ‘Press Conference. Though, unconvincingly, he sought to show justification use of the ‘Tactical Weapon- First Responders Gear (FRG),’ when in fact there was no Jurisdiction and Justification for the action against the resident of ‘Pointe/Booby Alley community.

UNLAWFULLY AND FORCEFULLY

Before ‘Pointe/Booby Alley’ resident ‘Joel O’Marde,’ could have said, ‘Hail Mary, Full of Grace,’ two belligerent and misguided ‘SSU’ personnel reportedly entered ‘Unlawfully and Forcefully,’ with a single ‘FRG-discharged Rubber Bullet,’ reportedly demolished the back door of his dwelling house. Before, he could have said; ‘Jack Rabbit,’ he was reportedly fell with a single ‘Rubber Bullet’ [April 6, 2023]. These have been the officers that have been widely viewed by the majority of the populace as combative, and mercilessly brutal. There has been as much quiet whispering, as there have been open public consternation of their ‘Intimidatory Tactics’ and religious public brandishing of such weapons.

MADDENED RESIDENTS

Showing solidarity, scores of angry reportedly residents converged at ‘the home of the ‘Rubber Bullet’ battered and bruised, ‘Joel O’Marde’ [ABS TV: April 6, 2023]. The residents were ‘Maddened.’ Though they have not publicly voiced consternation and abhorrence, privilege information revealed that the ‘Area Representative, Prime Minister Gaston Browne’ and Attorney General; Principal Legal Adviser’ to his government; Justice; Public Safety and Police Minister, ‘Steadroy ‘Cutie’ Benjamin’ appeared displeased with the clearly unlawful ‘SSU’ intervention and intrusion, on private property without proper legal authority. They run the risk of incurring litigious and disciplinary consequences.

POLICE DISCIPLINE CODE

Parliament had long anticipated that ‘Bullets-Metal Jacket and Rubber,’ that even when unnecessary and without justification, the irresponsible, ignorant and reckless will discharge ‘Bullets’ recklessly. It also anticipated that the reckless shall be made amenable to the ‘Police Discipline Code.’ Parliament also anticipated that which also occurred at the private residence of ‘former Government Minister, Dean Jonas,’ as well as many other indigent members of society. Moreover, Parliament anticipated that which reportedly occurred in the ‘Pointe/Booby Alley’ community. Consequent upon such anticipation, Parliament empowered the ‘Minister with responsibility for the ‘Police Service’ to make regulations for ‘Disciplinary control of its members,’ particularly those of, and have shown evidence and a propensity in exhibiting ‘Roguish and Brutish Behaviors.’

STATUTORY AUTHORITY

That which the ‘Cabinet Spokesperson’ appeared not to have known, was that Law enforcers have no ‘Statutory Authority’ or ‘Civil Jurisdiction in enforcing ‘Civil Court-Issued Eviction Orders.’ He may not have been alone. The ‘Police’ contended that he had failed to exit the ‘house,’ after they had persuaded him so to do. Such was not, and has never been their function, or ‘Role.’ Both the ‘Assistant Commissioner’ and ‘STRATCOM Press Release sought to impress upon the ‘Mind of the Nation,’ that the apparent misguided and overzealous officers were ‘Acting in the executing of Duty.’

REALM OF LAW/DUTIES

In fact, guided by professional, administrative and operational knowledge of the ‘Police Service’ and stipulated; (i) Duties: (ii) Powers; and Authority,’ as contained in the ‘Police Act,’ the ’SSU’ personnel appeared to have acted more outside the ‘Realm of Law,’ than of the purpose for which they were requested.  That which the ‘Cabinet Spokesperson’ appeared not to have known was that Law enforcers have no ‘Statutory Authority’ or ‘Civil Jurisdiction’ in enforcing ‘Civil Court-Issued Eviction Orders.’

EXECUTION OR EVICTION

Both the ‘Assistant Commissioner’ and ‘STRATCOM Press Release’ sought to impress upon the mind of the nation, that the apparent overzealous officers were acting in the ‘Execution of Duty.’ They were not concerned with ‘Crime Detection, but seemingly with ‘Eviction.’  It needs no Court Decision to know they were misguided. It was within administrative and operational knowledge of the stipulated; (i) Duties: (ii) Powers; and Authority’ [PA: Sections 22 & 23]. Clearly, their apparent questionable actions or direction, took them outside the ‘Realm of Actual Police Duties.’ Thus, seeking to ‘Defend the Indefensible,’ appeared rather unconvincing.

DEFEND THE INDEFENSIBLE

That which was widely and universally known, was ‘Rubber Bullets’ was used only to; (a) ‘Disbursing attacking rioting crowds or mobs; and (ii) Dispersing rioters from the public streets. Such weapon was reportedly used for two purposes: (i) ‘Breaking the Backdoor of his dwelling house; and (ii) Used forcefully to ‘Subdue’ him with a single ‘Rubber Bullet’ [ABS TV: April 6, 2023]. Such course of action not only incensed members of the ‘Point/Booby Alley’ community, but also a number of deceased ‘Cabinet Ministers’ laid to rest at the ‘St. John’s Public Cemetery.’ The citizens being constantly placed under ‘SSU Radar,’ were known to have been indigent members of depressed communities.

DISCIPLINARY OFFENCE

This particular provision states; ‘If a member of the Police Service; (i) ‘Without good or sufficient cause, makes any ‘Unlawful or Unnecessary Arrest; or (ii) Uses any unnecessary violence to; (a) Any prisoner; or (b) Other person whom he may be brough into contact in the execution of HIS DUTY,’ commits a breach of discipline [Schedule Disciplinary Offences: Paragraph (h) (i) and (ii)]. Some disciplinary hearings will be done by the ‘Commissioner of Police,’ while some of higher ranks will be performed by the ‘Police Service Commission (PSC). This august body, its membership comprised some of the most brilliant minds, were said to have caused more disaffection among members of the ‘Police Service,’ by the ‘Choice of Pegs’ they put in some holes.

TROUBLING BAIL ISSUES

Though not necessarily the jurisdictional concern of the ‘Magistracy,’ that which may have been prosecutorally withheld from ‘Magistrates’ when objecting to ‘Bail’ were that ‘Police officers often had; (i) ‘No reasonable suspicion that some Defendants had committed the offence charged: or (ii) Possessed Court-issued ‘Warrant in the First Instance;’ or (iii) Warrant issued by the ‘Bench’ to arrest persons and bringing them directly to the Magistracy,’ many were inevitably faced with certain issues pertaining to ‘Bail.’ These often included; (i) ‘Prosecutors objection to Bail: (ii) Stringent Bail Conditions; and (iii) ‘Deprivation of Liberty.’

WANT OF RATIONALITY

Some ‘Magistrates’ run the risk of being seen as making ‘Mockery of the Magistracy.’ Apparently influenced by the ‘Dean Jonas Home Arrest Syndrome,’ minor summary offences- ‘Complaint without Oaths’ were reportedly filed with the ‘Magistracy’ with ‘Reckless Disregard’ to provisions contained in the ‘Criminal Prosecutions Service Act’ [CPSA: Section 27 (2)]. Improperly and magisterially filed, some ‘Bail Conditions’ were often said to be in ‘Want of Rationality.’ That which were seen as being treated as a ’Crime’ included; (i) ‘Threatening Language; (ii) Indecent Language: (iii) Armed with Offensive Weapon; and (iv) Disorderly Conduct’ Then prompting negative perceptions has been an apparent useless, unnecessary and vulgar cash component of ‘EC$ 300.00.’ This was said to represent the ‘Principal sum of ‘EC$2, 000.’

MORTAL FEAR OF ABSCONSION

Instructively, such was ordered payable to the Magistrate Court’ for the expressed purposes of; (a) ‘Securing a Defendant’s liberty; and (b) Ensuring that there was no ‘Absconsion’ from the Court’ Jurisdictions’ [April 6, 2023]. A Defendant, struggling under a ‘Court-issued Eviction Order,’ appeared to have experienced more adversities than of the reasonably suspected deceived and defrauded ‘African Migrants.’ Adding further ‘Misery and Insult to Injury,’ for ‘non-indictable or hybrid criminal offence,’ apparent ‘Mortal Fear of Absconsion,’ saw not a Defendant being ludicrously and irrationally ordered to; (i) ‘Surrender Travel document to the Court: and (ii) Report twice-weekly on Mondays and Saturdays’ to a designated Police Station.

JUDICIAL RESPONSIBILITY

Unlike the ‘Magistracy,’ indigence has often seen persons unable to meet certain ‘Bail Conditions,’ being remanded to custody. Should Bail be denied, indigence also militates against their liberty. Seemingly, among the ‘Learned Justices’ who appear to have familiarized themselves with those living in depressed communities and living at the edge of poverty may have been ‘Their Lordship and Ladyship,’ Justices Colin Williams and Ann-Marie Smith.’ Both seemed to have taken a revolutionized ‘Bail.’ From their individual perspective and through eyes and minds, they have been able to distinguish justice, injustice and hardship. Both not only understand their ‘Judicial role, function and responsibilities.

DEAN JONAS: INDIGNITIES

When law enforcers visited the privately-owned residential property of ‘Dean Jonas,’ a former Parliamentarian; Deputy Hose Speaker and Government Minister, they had; (i) ‘No reasonable suspicion that he had committed a crime or offence; (ii) and that they were not executing in the lawful execution of duty.’ In fact, they appeared to have ‘stepped outside the ‘Realm of their Authority.’ Aware that they had no jurisdiction in; (a) ‘Child paternity; and Child custody,’ when they were lawfully requested to do so, they stupidly and blatantly refused to depart. Then, seemingly for reasons of lack of procedural knowledge of non-law enforcement matters, he was arrested, handcuffed and also slapped with four summary charges.’ Incidentally, though not necessarily the same members, it was the same ‘Special Services Unit (SSU); that reportedly subjected him to such indignities’ [ANR: February 23, 2023].

MACOUTES – MONGOOSE GANG – DEATH SQUADS

Consequent upon the course of action taken by members of the ‘Special Services Unit (SSU),’ officers now run the risk of being seen as exhibiting ‘Mental Traits’ capable of being likened to those of the notorious and disbanded; (a) ‘Haitian Francois ‘Papa Doc’ Duvalier Tonton Macoute’ [Wikipedia: 1958]; (b) The disbanded infamy-acclaimed by the ‘Grenadian Sir Eric Matthew Gairy Mongoose Gang’ [Wikipedia: 1967 to 1979]; (c) The disbanded Guyana (i)  ; Phantom: (ii)  Black Clothes Police; and (iii) Death Squad’ [Stabroek/Guardian: 1999/July 22, 2015]; and  (c) The St. Lucia Death Squad.’

FEAR OF SQUAD v FEAR OF DEATH

Research revealed that between ‘2010 and 2012,’ this Squad reportedly caused some 12 funerals, resulting from ‘Extrajudicial Killings.’ Each deceased reportedly suffered from multiple gunshots’ [Associated Press: SLU: March 9, 2015]. Then there was Jamaica ‘Most Feared,’ the disbanded ‘Dirty Harry Death Squad’ that was officially called ‘Crime Management Unit (CMU)’ [Jamaica Observer: December 3, 2003]. This was led by the fearless, ‘colorful and controversial Superintendent Renato Adams.’ The ‘Crawle Bay’ community saw this ‘Unit’ removing some 7 of its male residents in a single operation.’ Slapped with ‘7 Murder Charges,’ reported ‘Fear of the Squad and Death,’ in witnesses and lack of evidence, saw ‘5 ‘Unit’ members escaped sure conviction. At a time when this nation was beginning to see the ugly head of a small, but equally ‘Notorious Unit,’ that unofficially called itself ‘The Enforcers,’ adversity saw its head ‘beheaded.’

CONCLUSION

In the instant case, there may be no doubt of the abuse of authority and an arrest that begs for justification and lawfulness. Instructively, yet repetitively, ‘Head of the Police Strategic Communications and Press Liaison Officer, Inspector Frankie Thomas often informed the media that; ‘Investigation will be conducted. Instead, it was the ‘Rubber Bullet’ victim who was slapped with four charges. Contrasting to those disbanded across the region, the ‘SSU,’ appears to have developed a pattern of behavior that could see attitude changed from that which has caused pain and embarrassment to that which has the potential for bereavement, if the lowly-ranked members continue to be left unchecked and unsupervised. To all grievous intents and purposes,’ when ‘High Court Bailiff Roydon Joseph’ appeared to have failed in his attempt to effect enforcement of a judicially-made ‘Eviction Order,’ ‘Joel O’Marde’ was forcefully removed from his ‘St. John’s Street residence to the ‘Sir Lester Bird Mount St. John Medical Center.’ His removal reportedly was done by clearly misguided, over-officious, overzealous and unsupervised members of the ‘Special Services Unit (SSU).’ A single ‘Rubber Bullet’ discharged from a ‘First Responders Gear (FRG), saw his ‘Eviction by the Police’ at his residence and in a dwelling house occupied by his family.’ He reportedly sustained bodily bruises. This was confirmed by ‘Assistant Commissioner of Police Clifton Cabral’ [ABS TV: April 6, 2023]. ***

 

 

 

Advertise with the mоѕt vіѕіtеd nеwѕ ѕіtе іn Antigua!
We offer fully customizable and flexible digital marketing packages.
Contact us at [email protected]