– police cagey on sloth in probe, charge
The long delay in implementing a rape charge against an ex-cop even though it had been recommended by the Director of Public Prose-cution (DPP) has focused the spotlight sharply on why the public is often wary of the criminal justice system, observers say.
The ex-cop was charged days after a report appeared in last week’s Sunday Stabroek on the attempted suicide of the virtual complainant because she feared she would get no justice and because she continued to be terrorized by persons connected to the accused.
It was only on the appearance of the report that the authorities were galvanized into action and amid reports that a relative of the accused in the police force had something to do with the charge not being instituted.
The events and the trauma that the family experienced–the brother of the virtual complainant also attempted suicide after the accused appeared in court—is a serious blow to the confidence in the criminal justice system, some observers say.
A senior welfare official who wished to remain anonymous has since expressed outrage at the conduct of the force saying that the police failed the young woman in this case, and that they “need to get their act together”. She underscored that the police do not “work with social services”, but that they collaborate, adding that there is a vast difference between the two.
In condemning the case, the Coalition Against Sexual Offences Against Children called on the police to explain why they waited eight months to charge the alleged offender, while lamenting that the case not only reveals the inadequacies of the law, but also the corruption and denial of justice “presently operating in the investigation of cases of rape and sexual offences in Guyana, as well as a failed support system for survivors of rape and sexual assault”.
The case has also pushed Human Services Minister, Priya Manickchand to fast track an initiative by the ministry to set up a desk to deal strictly with police follow-ups. She told Stabroek News that the ministry worked with the young girl in the matter offering her critical support and that this continues.
Manickchand had long called for deeper collaboration with the force and had in the past criticized ranks for not doing enough with regard to domestic and sexual violence. The follow-up desk is expected to have some impact on the current collaboration between the two agencies.
The police might have hurried the accused to court shortly after the story went public, but this newspaper was able to confirm that the force had lost track of the case file.
“They are asking us for dates… They ain’t sure when the incident happen and so on though they already had statements. We have to make contact with them and provide this information again,” the mother of the girl told Stabroek News last week after she met a senior police officer.
She had suspected that the case was just then being constructed again, though a formal report was lodged last year, and a source close to the DPP’s office confirmed this in a recent interview with Stabroek News.
The DPP’s office, this newspaper was told, telephoned the investigating ranks at Brickdam after the story went public and was stunned to learn that there was no available information on the case and that ranks had forgotten the name of the young woman involved.
“They could not remember her name and basically had no information on the case though the file had been returned since March with advice for the police to institute charges,” the source said.
Not talking
From all indications the file was tossed in a corner after it was returned by the DPP and the advice ignored. In the meantime, the police kept feeding the devastated family a concocted story of how the file was still at the DPP’s office. Later, the police changed their story to say that they were further investigating the case. At no time was the family ever informed that the DPP had made certain recommendations.
DPP Shalimar Ali-Hack also had cause to write a letter to the police complaining about the conduct of a police officer investigating the matter and she recommended that the matter be addressed at the Office of Professional Res-ponsibility (OPR). It never was.
Stabroek News questioned a senior police officer about the delay in the case and was advised to contact the investigating officer, Senior Superintendent Cosbert since “he would know”. This newspaper caught up with the investigating officer on Friday last at Brickdam, but he refused to say anything.
“I have nothing to say on this case,” he repeated several times while questioning why the media were following up the matter. When pressed for answers he suggested that this newspaper speak with the Commander of ‘A’ Division Leroy Brummell.
“We don’t have cases sitting here for months… We try as much as possible to investigate these matters… but I will not comment on this matter,” Brummell said when contacted.
Another senior police officer denied that a serving member of the force who is connected to the ex-cop had any influence in the matter. However, Stabroek News was reliably informed by sources that the relative had been transferred after interfering in the investigation.
Delays do not
inspire confidence
Social activist Karen De Souza criticized the delay in this particular case saying that the relevant agencies investigating it seem to be playing hide and seek with each other “so that the DPP frequently complains about the way the police do their work and the police complain about how long the DPP takes conducting its work”.
But she noted that this is this kind of situation that the new sexual offences legislation is designed to end because the legislation offers “a one stop shop” in that investigations are more coordinated – the probes, decisions to prosecute, counselling and medical services are located in one place.
She said people are constantly on watch for where corruption steps in as in “when the police will duck a case”. She also emphasized that delay does not inspire confidence, but specifically she said the delay in this case is disrespectful of the girl’s distress.
Speaking from the perspective of Red Thread and the Coalition Against Sexual Offences Against Children, De Souza said the fact that the legislation to effect change is on the table speaks to the recognition in various agencies that there is a very deep problem and that “we have a responsibility to address that problem”.
She lamented that the authorities are still to take the legislation on board in the face of continued excesses of gender-based violence and sexual offence cases, adding that 17 women have been killed for year to date. With respect to rape, she said the numbers are unknown. “I don’t know how many rapes because that is infinitely underreported,” she said.
She questioned what faith the public can have in the system if those with the power to change the legal landscape are not doing so.
“… then we cannot have any faith in their expressions of concern. Even without the legislation, the status quo is that people deeply distrust the police and how things are done in the force,” she added.
According to her, the expectation is not that the legislation will work like magic. However, the need for its swift implementation is clear.
Not aware
The only police officer prepared to speak openly on the case was Mohammed Jameer who heads the OPR. His office falls directly under the Commissioner of Police and would receive regular mandates from the commissioner. Basically, Commissioner Henry Greene has to refer a matter to the OPR before the office can conduct an investigation.
Jameer stated frankly that the case was never before his office because the accused is “a civilian”. He said since the man was no longer a serving member of the force the case could not be investigated at the level of his office. He said too that no recommendation from the DPP’s office concerning the conduct of an officer in the matter ever reached his office.
“I know nothing of this matter and had no idea what had happened until it was published in the papers… I saw nothing from the DPP,” he declared.
Jameer said the public criticism about the case fail to consider that an investigation is a process and that “it takes time”. He emphasized that he was speaking generally since he was not privy to any information on the case.
Further, he rejected the notion that an officer connected to the ex-cop could have had an influence in the case, which resulted in the delay.
“This is a transparent force… family connections mean nothing when investigations are being carried out,” he added.
