The reports and statements from investigations conducted into the shooting to death of Junior Gardener, Keith Mitchell and Akeem Andrews were forwarded to the Police Complaints Authority (PCA) last year. After reviewing the files, PCA Chairman Cecil Kennard said, it was decided that inquests would be conducted.
These inquests, according to Kennard, will determine whether the policeman in each case is “criminally responsible” for the deaths of the three robbery accused.
Copies of the files were sent to the current acting Chief Magistrate Melissa Robertson. The acting Chief Magistrate is now responsible for allotting them to her subordinates. Kennard was unable to confirm whether the cases have already been disseminated to the respective magistrates who will hear them.
On April 12 last year, Andrews was reportedly shot to the left side forehead by a policeman, who is a presidential guard. The police, in a press release, had said that they were investigating an armed robbery, which occurred at about 10:10pm that night. During the incident Andrews, one of two perpetrators, was fatally shot by a policeman who is a Presidential Guard. Relatives later alleged that the shooter, who they named, had a long standing dispute with Andrews.
Mitchell died shortly after he was shot in the left thigh by police early in the morning of May 7 last year at Anira Street. Reports were that Mitchell had stolen a number of items from Police Traffic Headquarters, Eve Leary. He was detected by ranks as he attempted to escape with the booty and a chase, which ended at Anira Street, ensued.
In the most recent case, Lennox Charles Gardener known as Junior Gardener and ‘Awedese’ was shot dead by an off-duty policeman during an alleged robbery on October 12 last year. He was shot moments after he reportedly robbed a taxi-driver of cash at gunpoint.
The shooting to death of these suspected lawbreakers by the police had raised the issue of the erosion of human rights. Relatives of the dead men and interested observers still ask the question: Did police really have no other option but to shoot?
The decision to conduct inquests was made after investigations into these cases were conducted by the Guyana Police Force’s Office of Professional Responsibility (OPR), Kennard said. Inquests, according to Kennard, are held in “cases of doubt.”
The evidence taken during the inquest, Kennard explained, will be forwarded to the Director of Public Prosecutions (DPP). The DPP, who would’ve seen the file before the commencement of the inquest, will again review it. This time the DPP will say whether the policeman can be charged based on the evidence compiled during the inquest.
Besides the three cases scheduled for inquests, there were other similar incidents which made the headlines last year. Among these are the shooting to death of Hemchand Gopaul, Collis Johnson and Hewley Nicholas Barker.
Early on the morning of December 20, 2009 Barker was reportedly shot dead by an off-duty policeman. Johnson was shot dead during with a confrontation with a police on October 12, 2009. Shortly after a robbery Gopaul was shot dead in Corentyne by a police during a chase on December 18, 2009.
Kennard, during an interview with Stabroek News on Friday, said files for the cases of Barker, Gopaul and Johnson never reached the PCA. In all cases involving deaths, Kennard said, the police should send the file to the PCA. However, in some cases they by-pass the authority and send it to the DPP.
These cases are not reflected in PCA statistics which record the number of alleged unlawful killings by police reported last year.
Complaints
Persons who feel the police have wronged them, the PCA Chairman said, should come to the authority. “I will try to give them some sort of satisfaction,” Kennard said, “but I will not cause a statement to be about minor matters.”
He continued to explain that minor cases refer to instances where a policeman or woman has behaved in a rude, unprofessional manner to a member of the public. In such cases, Kennard said, the authority will contact the Commander of the Police Division in which the incident occurred and report the officer. “It will then be up to the Commander to have a word with the policeman or woman in question,” Kennard said, “and this allows us to immediately handle such minor matters.”
Because of certain limitations, he stressed, the PCA will not always be able to conduct an investigation. However, Kennard pledged that whatever the complaint he will see that something is done about it.
He further warned persons about “exaggerating” when they make a complaint. Exaggerations of an incident, Kennard said, reflect badly on a complainant’s credibility.
Last year the PCA, according to Kennard, received 363 complaints from the public. More than 200 of these complaints were made orally, either in person or via the telephone. Just over 140 written complaints were received by the authority. The Commissioner of Police still has 100 reports on written complaints outstanding for the PCA.
Almost 200 of the complaints fell in the category “Neglect of Duty.” There were 78 complaints for unlawful arrest and fewer than 50 complaints for unnecessary use of violence. Other complaints fell within categories of wanting of civility to a member of the public; illegal search; acting in a manner likely to bring discredit to a member of the Guyana Police Force; corrupt transaction and unlawful killings.
How the PCA functions
The PCA operates under the Police Complaints Authority Act in the Laws of Guyana.
Complaints, Kennard said, can be made in person, via telephone or in a written form. The PCA, he noted, does not entertain complaints for Deputy Commissioner or the Commissioner. These complaints must be channeled to the Office of the President.
In the case of written complaints Kennard, as Chairman of the PCA, is the first to examine them.
“I will look at it to see whether there is any merit in it and further whether it relates to misconduct on the part of members of the police force,” he explained. “If there is merit I would send it to the Commissioner for investigation and report.”
After the report is forwarded to the Commissioner of Police he then assigns someone (usually from the force’s Office of Professional Responsibility) to carry out an investigation.
On conclusion of investigation, Kennard further explained, the report and relevant statements are forwarded, by the Commissioner, to the PCA. Kennard examines the file and determines whether disciplinary charges as distinct from criminal charges should be instituted.
If it is decided that disciplinary charges will be instituted then the matter is forwarded to the Commissioner for an internal hearing (applicable to ranks from Constable to Sergeant) or the Police Service Commission for a hearing (applicable to ranks from Inspector to Assistant Commissioner). At the end of the hearing, if the police officer is guilty the file is referred back to Kennard so that he can recommend the appropriate penalty.
Depending on the seriousness of the ranks’ misconduct, penalties can range from being dismissed; reduced in rank; awarded extra duties; transferred from current district; confined to barracks; reprimanded; or suffering a deduction from salary.
In relation to criminal matters, unlawful killing or causing serious injuries, Kennard first examines the file forwarded by the Commissioner to see if the investigations are properly conducted. “I can refer it back for further investigations or ask that the investigator be replaced if I am not satisfied that the investigations were properly conducted,” Kennard explained.
When investigations are satisfactorily conducted the PCA chairman indicates to the DPP whether police should be charged and recommends the appropriate charge.
This piece of correspondence, Kennard said, is copied to the Minister of Home Affairs, Commissioner and Crime Chief. The DPP, he stressed, decides whether they will exercise the recommendations made by the PCA.
The entire process, from complaint to sentencing or charging, should be finished within two months, Kennard said.
