Suspect released, accused freed

Without even being asked, I repeat that it is not laziness which makes me repeat some views and themes.  Repetition, most times, resides in the fact that “the more things change, the more they remain the same”.

Not many issues and situations change drastically in this land.  Especially in terms of change  for the better. Improvement. (Then, of course, dozens of columnists and commentators hold forth on every issue every day.)

But take my lead caption today.  The upright Guyanese citizenry is now probably quietly resigned to the consistently low levels of successful charges, prosecutions and convictions against suspects and accused.

Apart from the Court reports of convictions/sentencing for burglaries, robberies, substance possession and, occasionally, fraud, my caption reflects the sad tale and reality of bad, guilty persons going free – from our courts of Law.  And yes, I tire of repeating the reasons.  But will do so for the final time for this year.

From Crime Scene to Court

Hesitant, as I am to criticize our good police, I wonder at their treatment of crime scenes.

May I offer the Police P.R./Education people this hint up front. Publish frequently simple advisories explaining why witnesses, residents, relatives, the curious public should stay away from crime scenes; why persons should not compromise the scene of a crime by walking, touching, removing anything.  Tell what police look for and how their work can be impeded right from the start. (I’m available to assist, mind you.)

Let investigators be professionally capable (and impartial) as they peruse the crime scene(s); as they follow leads from witnesses and seek public assistance via the electronic and other media  – photographs, videos; then (hopefully) their forensic expertise, replete with the latest technology.

Seasoned police will tell you that even when suspects are arrested, are charged, police procedures, at the station, must be scrupulously followed.  (It pains me that even minor slip-ups at this stage can result in the wicked walking free at trial time.

Of course, I have lamented the frequent failure of police prosecutions over and over.  Recall my repeated observations: ”Though we are laypersons not versed in the intricacies of the law, it hurts to read, hear and see defence counsel proving that no case was legally and properly made out against their client/accused.

Since “nothing” – in keeping with law and legal persuasion – was proven by the prosecution, a very guilty party walks free.

I have written down a long list of legal reasons given by magistrates and judges as to why they had ruled in favour of the defence.  I won’t regale you with them today but I forever wonder: In preparing for court can’t prosecutors anticipate and pre-empt all the loopholes their case may attract? And, utilizing precedents, hopefully good complete police work, prevent defence counsel from getting their way?  Cannot good prosecutors predict, even know, what civilian juries will be directed to look for? Poor me. And poor layman victims”.

Rapes,Robberies, Compromise

For want of prosecution or because of poor prosecution a large percentage of robbers and rapists walk free from our Courts of Law.

High Society Rogues or Low-Life Predators ravage poor young ladies.  Suddenly in court one hears that the victim no longer wishes to proceed with the matter.  Poor victim, violated but needy, takes “Compensation”.  No evidence or witness, the Court is compromised.

I suspect that in some faraway, non-Western jurisdictions that does not occur.  Frankly Speaking, to me the rapist should pay the innocent and serve some prescribed penalty as well.  But we have our dear old laws.  They are there to protect and secure us all Huh?

In today’s wider Guyana context, a rotting, corrupt State environment enables criminal wrong-doing, then official, off any-record pardon.

The senior people steal and repay.  They are fired but not prosecuted.  The drunken driver pays “compensation” for a life taken, out of Court.

I say still, that we as lay-persons, but citizens, must be alert and discuss how our representatives with legal expertise could persuade our police investigators and prosecutors to serve us much better – – and successfully.

From Indian to Guyanese

These notes are not really derived from the just-concluded arrival activities, but perhaps sharing my childhood – to – old age “wonderments”, now would be timely.

Growing up 60 years ago in front of the neighbours Dass in Alberttown, I always wondered why they would relish those Indian songs, the lyrics of which they-or I, never fully grasped.  But in town and country especially on week-ends, Music from India held its own.  (To me, even decades ago, all the “playback” lady singers sounded the very same.)

From the work of our local broadcaster Ayube Hamid to the hundreds of songs by Mohammed Rafi and Lata Mangeshkar, those were my symbols of the descendants’ determination to retain their India in British Guiana (Guyana). Decades have modified their dress, jewelry and life-styles.  But their religions and innate cultural traits and outlook have contrived to ensure the Immigrants’ descendants’ “Indian” character.

Sure I’m old enough to appreciate the intrusion and acceptance of tropical, Western and Caribbean influences which have resulted in the Creole “East Indian” becoming “Indian” of Guyanese vintage.  However, I marvel at how steadfast and true are the thousands of those descendants to so many elements of Mother India.  Guyanese or no Guyanese!

Of course, there is no space here to develop a debate about how after decades and decades of permanent/alien residency elsewhere, immigrants and settlers strive actively to retain their origins.

One Sunday Columnist speaks about the early immigrants erecting their mandirs and mosques to “reconstruct their lives in the new land”. All the celebratory arrival speakers recounted the suffering, lauded the achievements of the descendants.  Ras Tom Dalgetty once spoke of Guyana being an African House.  I reminded him respectfully, that the Indian tenants seemed to have paid their rents to the extent of “taking over the foundations and the very House itself.

What’s that? Dr Brinsley Samaroo has just stated that the Sub-Continent’s Immigrants found conditions “on a platter” here?  That, indeed, the Africans had bequeathed the best infra-structural ground-work possible for newcomers?

Oh my!  Cause for more spirited debate.

Ponder…

*1)  So why wonder why “casual” and professional criminals feel emboldened/empowered to act?

*2)  Do you know of a “popular” Criminal route?  From Plaisance to Industry to aback Cummingslodge to UG Road to Sophia (B-Field) and “South” etc. etc.  Mobile Police Patrols, take note again.

*3)  A mother is a female parent.  What else is she, or should she be?

Til next week!

(Comments? allanafenty@yahoo.com)