What Does Shannon Jones-Gittens Know – Part Il

 What Does Shannon Jones-Gittens Know – Part Ii

By Rawlston Pompey

It has now been to the knowledge of some ‘Legislators, that making the ’DPP’ a ‘Creature of Statute, the ‘Acting DPP’ knew that it was ‘Unnecessary and Duplicitous’ [Criminal Prosecutions Service Act (CPSA): No; 28 of 2017]. That which they shall have known; deemed to have known; or reckless not to have known, was that the ‘DPP’ was already a ‘Creature of the Constitution.’ They shall have known that he/she enjoyed overriding authority in; (i) ‘Instituting criminal proceedings; and (ii) Undertaking criminal prosecutions, irrespective of the person or authority that had so acted’ [CO: 1981: Section 87]. These, of course, ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens.’

PERSPECTIVE

This commentary primarily looks at; (a) ‘Human Distance’ in open public spaces; (b) Section 51 of the Police Act; (c) Some of the things ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens ‘Knows.’ Though the issues under reference shall not be treated lightly, they are interspersed with a bit of humor. Dedicated to our Governor General, His Excellency, Sir Rodney Williams KGN GCMG; His Lordship Justice Keith Thom (Retired); Dr. Dave Ray; Ras Smood and Melly; Attorneys-at-law, Charlesworth Tabor; Wendell Robinson and Ken Kentish; along with Senior officers Deputy Commissioner of Police Albert Wade; Assistant Superintendents Rodney Ellis and Jeffrey Morgan, and just about everyone that likes to read and laugh. It is especially dedicated to ‘Shannon Jones-Gittens and her Legal Staff.’ Though her head might be filled with all kinds of ‘Prosecutorial Scenarios,’ none will ever see or hear ‘Shannon Jones,’ stiffens (not her name-Gittens), complains, frowns or groans. But should ‘Push comes to shove,’ she shall do as those cute, little ‘Cubans Jumpers.’

HUMAN SOCIETY: 2-FEET DISTANCE

Since the birth of human society, in people to people contact, there have always recognition for demarcated spaces. As society and human understanding developed, humans know of the demarcation and limitation of ‘Space.’ This may be seen every day. For instance, between ‘Person to Person,’ there has been an approximate ‘2 feet Distance.’ Except family and familiarity to greet with a caress or hug, automatically, people stay outside of that distance. From informal professional training- ‘Introduction to Sociology,’ such distance was often reduced without observance or confrontation.

SPACE INTRUSION

The video footage showed ’Prime Minister Browne,’ giving clear indications that any further ‘Space Intrusion’ could result in the hands doing the rest of the ‘Talking.’ The only animals, one feathered and the other hairy that were known to have spoken to one human being was; (i) ‘Balaam Donkey’ […….]. Human cruelty made it talk. The other that continues to talk to humans are ‘Parrots.’ Whether or not there were other issues, the ‘Demarcated 2 Feet Distance’ appeared to have provoked such reaction. From professional investigative experience, in situations as such, how people may counter certain hostile reactions, was often dependent on what they have in their position.

INTOLERABLY PROVOCATIVE

The ‘Prime Minister’ was adamant, that if the intrusion continued to exist, such may have been considered ‘Intolerably Provocative.’ It was obvious that the ‘Officially-assigned Security Detail’ could have caused the ‘Devil’ to leave the ‘Bridge’ beyond the ‘Willikies’ community to go down to Pares Village, and either go into ‘Prime Minister’s head or into his hands.’ As humans interact and socialize, this has been seen, and experienced every day. Except when the ‘Covid-19 Pandemic’ was constantly dropping people like mosquitoes, the entire nation saw the approximate recognized ‘2 Feet Distance’ being extended to a ‘5 Feet Distance.’

CRIMINALIZED CONSEQUENCES

Ensuring that such distance was maintained, there were either drawn lines or marked symbols. There were also Criminalized Consequences for the non-compliant. When ‘Prime Minister Gaston Browne’ issued stern warning to ‘friend/foe, Asot Michael,’ he may have felt that he had intruded upon his personal space. Though no ‘physical threat may not have existed, he made his position clear, that the intruder shall be told; ‘Get out of my face’ or suffer ‘Physical Wrath’ of the hands [ANU December, 30, 2022]. Sure the ‘PM’ could have bitten him as well. That may have been dangerous if he did not visit the ‘Pioneer Kennel of ‘Dr. Radcliffe Robbins.’ It has been the knowledge that a ‘bite’ of such might just be rabid. Therefore, any clinic, humans or animals after a ‘Dog Bite.’

2- FEET DISTANCE

When there were no national health existing risks, the ‘2 Feet Distance’ is reduced to shoulder to shoulder.’ This has been the experience of people everywhere and every day. Some places have been; ‘At airports; On passenger planes; Public Service Vehicles; Banks; Supermarkets; Public Markets; Health Pharmacies; Sports events; Marine excursions; Boating Public protestations; Fetes; Parties Cinemas; Night Clubs; Educational institutions; Churches; and even at Cemeteries.’ Members of society know, that when the ‘Spirit of God,’ was not thriving with man, whenever and wherever the ‘Devil’ enters, ‘All hell is likely to break loose.’

WIDER SOCIETY: PRIVATE PROPERTY

It was well known that in human relations, everyone exhibits a dominant pattern of behavior. People often wrongly assumed a right of entry, where they had no business with the owner/occupier. This has been a frequent occurrence in the wider society. Those, unlawfully entering, intruding or trespassing on ‘Private Property,’ run the risk of forceful ejection. Few, including Law enforcers, have been finding this difficult. It has been well-documented in; (i) ‘The Constitution Order-Supreme Law; and (ii) The ‘Small Charges Act-Statute Law,’ that no person has no right of entry or access without: (a) ‘Consent: (b) Invitation; or Lawful authority.’

INTRUSIVENESS OF HUMANS

Likened to today’s national territorial borders, with war-mongering nations fighting, people everywhere are forced to fight off the ‘Intrusiveness of Humans.’ Provocatively, some have not only made their presence felt or seen, but have also caused property owners or occupiers to feel, they were acting like their ‘Landlords or Landladies,’ coming to collect due and payable Rent. Then there are those that came to pick unchallenged fights. Relating this scenario to recent developments at the private residence of ‘Dean Jonas,’ it speaks to nothing but the ‘Truth.’ This manifested itself when apparent procedurally knowledge-starved, misguided or mis-instructed Law enforcers, appeared not to know, or appreciate the difference between: (a) ‘Criminal Jurisdiction; and (b) Civil Jurisdiction.’

CRIMINAL AND CIVIL JURISDICTIONS

When Police officers reportedly visited his home to assist a ‘Mother’ with the return of an 8-year-old boy child, Law enforcers, though clearly inept, and seemingly over-officious, exercised powers, simply because they appeared to know not the difference between those to ‘Magisterial Jurisdictions.’ While they left the little boy where he seemingly wanted to be, they left with his father where he did not wish to go. Before his wife could say ‘Satan,’ off they went with her husband, ‘Dean Jonas’ to St. John’s Police Station’ [February 23, 2023]. Then, the apparent ill-advised course of action sparked national outrage. An apparent leaked video footage reportedly reached ‘Africa and China.’ Still, that appeared not to have scared anyone wishing to travel to Antigua to America.

WINDOW OF UNDERSTANDING

The author’s ‘Researched Paper’ on the ‘Executive Development Course’ at the ‘Royal Canadian Mounted Police’ (RCMP) Training Academy’ [December 15, 1997], may provide those at the ‘Executive Level’ a small ‘Window of Understanding.’ Specific to ‘Police/Community Relations,’ are as critical as the air Law enforcers breathe. Reiss, a researcher observed; ‘…Many citizens consider the function of the Police in everyday life to extend beyond their ‘Law enforcement and Peace keeping roles; …The lower classes, in particular, call upon the Police to perform a variety of services; …They depend upon Police assistance in times of; (a) ‘Trouble; (b) Crises; and (c) Indecision’ [Reiss: 1971: P 63].

RUDE AND DOMINEERING

This was what another researcher, Banton’ unearthed; People widely held the beliefs that; (a) ‘Policemen are uneducated; (b) Are of low mentality; (c) Are of doubtful honesty and integrity; (d) Are often ‘Rude and Domineering;’ and (e) They often get angry easily’ [Banton: 1964: 78a]. The researcher may have been speaking to ‘Commissioners of Police’ everywhere. However, should they not read, they could never know what ‘Banton’ had discovered some ‘57 years ago.’  Citizens, like ‘Dean Jonas,’ clearly not starved for resources, will take them to a place where they might be shown ‘Just how it will go.’

TINKERING MORONICALLY

Whether or not, it reflected their individual philosophical beliefs, or misguidedly influenced to ‘Tinker Moronically’ with the ‘Police Act,’ Lawmakers within the ‘Bi-cameral Chambers,’ overwhelmingly supported the enactment of the ‘Criminal Prosecutions Service Act (CPSA)’ [No.28 of 2017]. From professional basic Law enforcement training; On-the-Job and advanced overseas Law enforcement training in various aspects of Policing; Criminal investigations; and Police Summary Court prosecutions, though the actions of Corporal Joseph appeared suspect, the ‘Legislative Body’ owes to him a Debt of Gratitude.’

CHIPPED AND CHISELED

When Legislators, clearly and imprudently, they may have consumed a wee bit more than they allowed the ‘Rastafarian Community’ for use as ‘Sacrament,’ many members, including ‘Ras Smood’ Shouted; ‘Haile Selassie; Rastafari; Jah.’ When ‘Legislators skillfully ‘Chiseled out Section 31’ and clinically ‘chipped ‘Sub-section 23 (1) (e)’ of the said ‘Act,’ their artistry speaks to ‘Legislative Gymnastics.’ They may have achieved comparability to Sculptors in ‘Cameroon and Ghana, and skills of fraudsters in Nigeria.’ When they made ‘Director of Public Prosecutions ((DPP)’ Anthony Armstrong’ a ‘Creature of Statute,’ only the apparent unlawful action of Corporal Joseph’ illuminated the ‘Flaws in the Law’ to ‘Defence Attorney Wendel Robinson.’

ACTING DPP: SHANNON JONES-GITTENS

As news broke reporting that the office of the ‘Director of Public Prosecutions (DPP)’ distanced itself from: (i) ‘Institution of criminal proceedings; and (ii) Under her ‘Directions,’ FIAT’ was directed to ‘Police Court Prosecutor, Assistant Superintendent Dane Bontiff.’ That which ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens knew that:’ (i) ‘The substantive holder of the office, ‘DPP Anthony Armstrong’ vacated the office to attend to personal matters in his homeland Jamaica’ [November 5, 2022]; (ii) She was appointed to act in such capacity, and while he was, and still in absentia, she assumed responsibilities for the office [ABS: November 7, 2022].

SPECIFICS OF CASES

That which might be said ‘early-o-clock’ is this; ‘Granting Permission to Assistant Superintendent Dane Bontiff, and some five other Police Court Prosecutors. That which remains questionable was that the tersely written letter; (a) Lacked specifics of the Cases to be prosecuted; (b) Made no reference to the ‘Criminal Prosecutions Service Act (CPSA).’ Thus, it may have been likened to the issuance of a ‘Signatured-Blank Cheque’ to a person without particularities.

TROUBLING QUESTIONS

These beg these ‘Troubling Questions;’ (i) ‘Unless he possessed exceptionally special psychic powers, ‘Dean Jonas enquired ‘How did ‘Director of Public Prosecutions (DPP), Anthony Armstrong’ know that absenting from this jurisdiction, ‘Dean Jonas’ would have been arrested at his ‘Scotts Hill’ home? (ii) How did he know that charges he would have been served Charges of Disorderly conduct at his garage; Threatening Language; Assault: Resisting Arrest; Battery on Police: (ii) How did the ‘DPP’ know of the ‘Magisterial Fixture,’ that he may have been issued with an ‘Authorizing FIAT’ to undertake the prosecutions?’ The ‘Police Prosecutor’ shall now know that ‘St. Peter’ may have been watching over him.

DEBT OF GRATITUDE

Though not a ‘Legislator,’ the ‘Acting DPP’ was well-positioned in an office, where reading is a must. She also has the legal background to guide informed interpretation of the Law, as her ‘Knowledge’ allows.’ Whether or not she knew before, she too, ‘Owes a Debt of Gratitude’ to Corporal Jason Joseph.’ She may have assigned a ‘Crown Counsel’ to offer whatever ‘Legal Assistance’ to the ‘Commissioner of Police, Atlee Rodney QPM.’ This was in the light of him ‘Unlawfully instituting criminal proceedings without a ‘FIAT’ and specifically addressed to him in his official capacity, and not a ‘Letter Granting Permission without ‘Specifics’ to ‘Assistant Superintendent Dane Bontiff.’

PROPERLY HUFFED BY DPP

The ‘Acting DPP Shannon Jones-Gittens’ knew, and still knows that the ‘Constitution Order’ of Antigua and Barbuda is the ‘Supreme Law’ of the nation [Section 2]. She knows that the office holder was already empowered and authorized her to ‘Snatch’ any Case. Though instituted by ‘Commissioner of Police, Atlee Rodney QPM,’ or any ‘Private/Criminal Proceedings’ were instituted by ‘Defence Attorney, Wendell Robinson,’ if considered ‘PROPER,’ that too, could have been ‘Properly Huffed’ [CO: 1981: Section 88]. Though news broke that the ‘Office of the ‘DPP’ would take prosecutorial responsibility in the ‘Dean Jonas’ Summary Trial Case,’ the ‘Acting DPP, Shannon Jones-Gittens’ not only knew, but knows that the ‘DPP’ has never given any ‘Crown Counsel ‘PERMISSION’ to perform their ‘Legally-assigned or delegated duties.

CONSTITUTIONAL: POWERS/AUTHORITY

To all a sundry, and those that erroneously believed they have ‘Permission’ to prosecute, the ‘Supreme Law’ states; ‘The function of the ‘DPP;’ (i) ‘May be exercised by him in person.’ The ‘Acting DPP’ knows about the exercisable ‘Constitutional Powers and Authority’ of the ‘DPP.’ Besides, the ‘Acting DPP’ knows that no person, and no Police officer, who, whether or not ate ‘Obsti’s Hog Foot,’ could ever request ‘PERMISSION,’ whether or not to prosecute ‘Dean Jonas’ or any person he accused of, according ‘Obsti,’ ‘Police Thief Me Hog.’ [YouTube]. That which supports this assertion, could easily be verified when the ‘Bodyless Murder Trial’ against ‘Mikhail Gomes’ had been, to all intents and purposes, contracted to ‘Montserrat’s Director of Public Prosecutions (DPP), Attorney Orris Sullivan’ [……]. None may brag of the prosecutorial result.

PROSECUTORIAL TRAGEDY

Framers of the ‘Constitution Order’ anticipated that the workload may increase. Consequently, they provided for the ‘DPP’ to delegate ‘AUTHORITY’ to his ‘Legal Staff.’ Thus; (ii) Through other persons Acting under, and in accordance with his; (a) ‘General; or (b) Special instructions’ [CO: 1981: Section 88 (4)]. Clearly, ‘Shannon Jones-Gittens’ had no intention of causing embarrassment to the ‘Legal Affairs Minister; House Speaker; Senate President; Legislators (With legal backgrounds); Governor General; Office of ‘DPP;’ Crown Counsels; and of course, no reputational and professional damage to herself.

PROSECUTORIAL TRAGEDY

The ‘Acting DPP, Shannon Jones-Gittens,’ was au fait with those constitutional provisions. Thu, avoided or averted ‘Prosecutorial Tragedy,’ for either ‘Crown Counsel ‘Rilys Adams’ or one of her male counterparts. It shall now be clear in her mind, as to what powers reside with her at Section 88 (1) (c)’ CO: 1981]. Then ‘Defendant Dean Jonas and Defence Attorney, Wendell Robinson’ may know without speculating, just what kind of ‘Fortitude’ she possesses, be it testicular or ‘Abdominal.’ Since there might there might be an opposite word, a prominent Jurist suggested this word. Certainly, it could never be anything the ‘Good Lord’ did not so provided to Dame Sherese’ (Washington Bramble).

TRESPASS ON LAND

The statutory provisions have made it clear for the ‘Acting DPP’ to know and understand that; ‘Any person who; (i) ‘Unlawfully enters in an insulting, annoying, or threatening manner upon any lands or premises belonging to, or in the possession of any other person.’ In slightly different language, the said provisions state that; (ii) ‘Any person who unlawfully enters upon any such lands or premises after having been forbidden so to do.’ The Legislators anticipated that some ‘Trespassers’ were likely to make life difficult for the owners/occupiers, further inserted this provision; (iii) ‘Any person who unlawfully enters and remains having being required to depart therefrom; (iv) Having lawfully entered misconducts him/herself by behaving thereon, in an insulting; annoying; and threatening manner.

DISCRETE AND TACTFUL INTERVENTION

This is a ‘Section’ of particular interest to Law enforcers. This is particularly so; an enforcer might be ‘REQUESTED’ to go where ‘Angels Fear.’ There was no ‘Recorded ‘DUTY-BOOK ASSIGNED’ of duty to be performed by the Corporal. There was no legal support.’ Yet, a small, but ‘Discrete and Tactful Intervention,’ could avert a criminal act. Up to this point, he could not have been accused of ‘Trespassing.’ The owner/occupier anticipates that at some point in time, Law enforcer may visit expectedly, particularly if there was some dispute involving himself and a third party.

SPIRIT OF DISCERNMENT

The trained officer must have the ‘Spirit of Discernment,’ one that may silently warn him/her of ‘Foreseeable Consequences.’ When a ‘Cockroach’ crawls or flies around at nights, anything could drop it on the floor. Some enforcers do exhibit this kind of mentality. Back then, ‘Sir Wright Fitzhenly George KCN, QPM, CVO, CPM,’ could easily identify trainees that may graduate with ‘Cockroach Mentality.’ Thus, he would warn, that all it would take the ‘Cockroach’ to drop, was a single spray of ‘Bop.’

LAWFUL: ENTRY/DEPARTURE

Whether or not he is familiar with the Law, the duty of the Law enforcer is to ‘KNOW’ how far he would be allowed to go, and not necessarily where he/she wants to go. The provision states; ‘Any person who, having ‘LAWFULLY’ entered on any such lands or premises ‘PERSISTENTLY’ remains thereon, having been ‘LAWFULLY’ required to depart therefrom, shall be liable to; (a) ‘A fine of ‘EC$750.00; or (b) Imprisonment for 3 months’ [Section 51 (e) Small Charges Act: Chapter 405]. This has been the only ‘Sub-section that speaks to ‘Lawfully’ required to leave. As far as ‘Prosecutions for these mundane Summary Trial Charges are concerned, these have no ‘Priority to the office of the Director of Public Prosecutions, which office appeared to have misguided given added responsibility for ‘Magisterial Prosecutions, through a partly Unconstitutional enactment- ‘Criminal Prosecutions Service Act (CPSA)’ [Section 27 (2): No. 28 of 2917].

The need has come upon Law enforcement to build bridges of friendship. This shall be buttressed by mutual understanding, sensitivity and respect. Moreover, it is imperative that Law enforcers create a climate in which the citizenry would cooperate and develop an appreciation of their role and function that each law-abiding citizen may feel compel to obey the law and accord them respect, and obligingly, render every member of the ‘Police Service,’ the fullest cooperation.’ Further research revealed; ‘The responsibility of the Police Department, is not merely to upgrade the attitudes and behavior of individual officers, but also to identify and use community resources which will help to influence the attitude and behavior of the citizens’ [ International Association of Commissioners of Police: Volume 8: 11].

CONCLUSION

The citizens would never show hostility to ‘Law Enforcers,’ if the perceptions of their knowledge, speak to ‘courtesy; politeness; respect and helpfulness, tact and discretion. Such appeared not to have been properly instilled, and if they were in fact taught, there may have been of little significance to the understanding or appreciation of their value. These, with an appeasing mind, may be used in any kind of investigation. Those that are expected to know the provisions contained in ‘The Supreme Law; Statue and Common Law,’ are ‘Enforcers of Law.’ When death comes upon a family, trespassing restrictions are inapplicable to the ‘Police officers; Doctors; and Undertakers.’ The latter were often called after the formalities have been completed. Likened to the Law Enforcers; criminal investigators; Doctors; Undertakers; and Crown Prosecutors,’ each has his/her special role to play. Though she exercises no authority over the ’Police Service.’ Apart from Public Prosecutions, these are some of the behavioral and operational matters that ‘Shannon Jones- Gittens also Know.’ ***

 

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