The series of confessions in criminal cases is unprecedented

Dear Editor

I read with keen interest an article in Kaieteur News April 28, 2016 under the caption, ‘Crime Chief not amused by criticism of confessions obtained by police’. It mentioned that the head of the Criminal Investigations Department of the Guyana Police Force finds it interesting that persons are questioning the ability of the police to secure confessions from suspects. The article referred to the high rate of confessions by suspects held for high profile murders and that one letter writer is perplexed at this spate of confessions that either have been extracted or volunteered.

As a retired senior police officer and a graduate from the Federal Bureau of Investigations National Academy, Quantico, Virginia, United States of America, I know a little about the abilities of members of the force and the facts at issue. However, I found the series of confessions to be unprecedented. It leaves me to wonder. I wonder if the investigators are au fait with the Judges Rules as they relate to free and voluntary confessions. I wonder if the confessions are the only evidence that links the suspects to the crime. I wonder if the confessions go through the window the cases will go with them. I wonder whether or not at the end of a voir dire the court will rule that the confessions were obtained without threats, violence, fear, reward, or hope of advantage by a person in authority, and that the confessions will be deemed free and voluntary. I wonder if the investigators will stand the rigours of cross examination by a slick attorney-at-law. I wonder if the investigators made use of Lochard Theory of Exchange ‒ that is the perpetrator will leave some evidence, however, infinitesimal it may be, at the scene of the crime and/or take away something from the scene. I wonder if the crime scene investigators are processing crime scenes meticulously so as to find trace evidence. I wonder if efforts are in place to obtain forensic evidence in addition to confessions to connect the suspects to the crime. I wonder if it is true that according to Kaieteur News the Crime Chief said that the detectives are conducting intense interviews with suspects. I wonder why the detectives are not conducting vigorous interrogation of suspects. I wonder if there is human rights in policing.

On the other hand, without any doubt, the police over the past months have done some excellent work in their efforts to solve crime. They have reopened unsolved crime files that were dashed under the unsolved crime files red carpet. The large number of confessions is remarkable. However, this is just the start of the justice process. Every effort must be made to deliver the total package, that is, the successful prosecution of offenders in keeping with due process of law.

Police success in criminal investigation will breed diverse enemies. There will be criticism of the conduct of law enforcement officers as they successfully execute their duties. However, the police must respond to well-founded criticism with a willingness to change. To do otherwise will cause the performance of the police to be prosaic.

I wonder and I am still wondering.

Yours faithfully,

Clinton Conway

Assistant Commissioner of

Police (rtd)