Court orders reinstatement of ‘Gangsta’ to police force

Eion SmithA high court judge last week ordered the reinstatement of Eion ‘Gangsta’ Smith, a former leading member of the Black Clothes Squad, to the police force after it was found that he was unlawfully dismissed three years ago. 

However, the police force later applied for a stay of execution and has indicated that it will appeal the matter.

Smith, who had been implicated in the multi-million dollar robbery at Barlow Landing, Mazaruni River back in 2005 and also worked as a security guard for drug-accused businessman, Roger Khan following his dismissal from the force has all intentions of returning to the force, one of his lawyers, Patrice Henry told Stabroek News yesterday. The former policeman could not be reached for a comment by this newspaper yesterday.  Smith and several other former policemen who were members of the Target Special Squad (TSS), accused of carrying out a number of extra-judicial killings, had been given the boot by now retired, Commissioner of Police, Winston Felix back in 2005.

Speaking to Stabroek News yesterday, attorney-at-law Henry said that the ruling was handed down by Justice James Bovell-Drakes last week Wednesday. Henry appeared in association with attorneys, Benjamin Gibson and Mandisa Breedy on behalf of Smith.

According to Henry, Smith became eligible for annual leave sometime in 2005 and was duly granted 35 days which he spent in Canada. The lawyer said while in Canada Smith became incapacitated due to illness and was seen and examined by a doctor in that country. The lawyer pointed out that before his annual leave expired he was issued a medical certificate by the Canadian doctor who examined him, granting him 14 days of sick leave. Henry further stated that on the day his client’s annual leave was to expire, Smith contacted the Guyana Consulate office in Toronto, Canada and an officer there faxed the medical certificate to the Guyana Police. Smith subsequently returned to Georgetown one week after his annual leave expired, by which time his medical certificate was already in, Henry explained. He said his client on arrival immediately contacted the administration of the police force, indicating to his superiors that he was in the country but was unable to resume duty and would return at the end of his sick leave.

Henry said apparently Smith’s dismissal letter was prepared during the time he was on sick leave and this was issued to him, deeming him to have illegally withdrawn from the police force pursuant to Section 37 of the Police Act.
He objected to his removal “asking the Commissioner of Police to reconsider his decision since he had complied procedurally, but nothing came out of that,” Henry asserted.  Smith then moved to the high court where his lawyer obtained a prerogative writ of certiorari asking for the quashing of the Commissioner of Police’s decision.

Henry said after listening to arguments from both sides over the past three years the judge ruled that Smith be reinstated. However, Henry said the AG has asked for a stay of execution, while indicating the state’s intention to appeal the case.  Asked whether his client, having been fingered in a number of cases was still interested in working with the police force, Henry said yes, noting that the administration that was responsible for his dismissal had diminished significantly. “Some would have gone into retirement while the others have about a year to do, so he feels more comfortable returning,” Henry declared. The lawyer argued that Smith was dismissed based upon how he was perceived by the then administration – as a rogue cop who was involved in illegal activities. “But a man is innocent until proven guilty,” the lawyer asserted. Asked whether the present administration of the force would welcome back Smith into the fold, Henry said given the current crime crisis he would be an asset. “When he was (in the force) there were talks of excesses, but now he is not there and the criminals are taking over,” Henry said. Henry said going back to the police force meant that his client would be paid a salary and he would also regain the respect he once had. “Right now there is no impediment preventing him from returning except when the appeal is made,” Henry said. Police had fingered Smith in the December 2005 robbery at Barlow Landing, Mazaruni River where around one dozen men dressed in police uniforms and armed with rifles and hand grenades attacked and robbed 14 miners and diamond buyers. A police release at the time said the bandits carted off approximately $40 million in cash, diamonds, jewellery and two drums of fuel. The robbers also made off with some firearms, stolen from the victims, most of whom were Brazilians. They escaped in two boats. 

Smith who is said to be in his early 40s had testified in Buxtonian, Shaka Blair’s coroner’s inquest during the time when Steve Merai headed the TSS.  Blair was controversially killed by members of the squad at his Middle Walk, Buxton residence back in 2002.
At the time of his dismissal, Smith was a sergeant and had been taken off from street duties as a result of allegations made against him.