-Top Cop
Acting Police Commissioner Leroy Brumell yesterday admitted that there was no justification for the use of lethal force on protestors in Linden on July 18, while saying he had instructed that the leaders of the protest be engaged towards clearing the Mackenzie/Wismar Bridge.
Brumell, the first witness to take the stand at the Supreme Court Law Library on the first day of hearings by the Commission of Inquiry (COI) into the July 18 protestor shootings, stated that based on the full report he received, it was Assistant Superintendent Patrick Todd, the officer-in-charge on the ground, who gave the order to shoot.
“I don’t think it was justified to use lethal force,” he said, when questioned about his assessment of the actions of the ranks that day.
Brumell also denied suggestions that the sole intention was to kill persons and he repeatedly emphasised that the only instruction he received from Home Affairs Minister Clement Rohee was to remove Divisional Commander Clifton Hicken, which came following the shooting.
The COI is mandated to inquire and report on the circumstances surrounding the shooting to death of Allan Lewis, Ron Somerset, and Shemroy Bouyea and the injury of several others at the bridge on July 18, during a protest over the increase in electricity tariffs.
At the beginning of yesterday’s hearing, which lasted until the mid-afternoon, main opposition APNU sought to delay the commission until its proposal for the widening of the Terms of Reference (TOR) to include actions by police in Linden on August 10 and 12 is addressed. It also noted its discomfort with the two attorneys named as counsel to the commission and made a request for witnesses based in Linden to be given reasonable time to travel to the city.
It was, however, unsuccessful. “Justice delayed is justice denied… To adjourn is to delay justice,” the Chairman of the COI, former Chief Justice of Jamaica Lensley Wolfe said.
A short man with a
short temper
According to Brumell, the instructions he gave as to how to deal with the Linden situation was formulated either by him or with other police officers. At no time did he instruct that shots be discharged, he emphasised.
He explained that he took the decision to deploy ranks to Linden because he received information that there might have been some problems as it related to public order. As a result, a half unit from the Tactical Services Unit (TSU) in Georgetown, which deals with public order/crowd control, was deployed to Linden some time after 3 on the morning of the shooting, about six and a half hours before the protest started.
“We got some intelligence and it was as a result of that, that we deployed the half unit,” he said, when asked about the timing of the deployment.
Although he updated Rohee on the situation, he said, the minister did not give him any instruction. Brumell said he was involved in giving specific instructions as to how crowd control should be handled to the Divisional Commander, whom he told to talk to the people who were on the bridge to get them to leave and also speak to the leaders. “That was my instructions all the time,” he stressed.
Brumell, who affirmed that he is solely in charge of the operations of the police force and does not discharge his functions in collaboration with Rohee, did say he agreed with the instruction that Hicken be removed after the shooting. He felt he needed to get Hicken, who he described as a “short man” with a “short temper,” off the ground, he explained. “His temper was getting real hot, so I saw it best, in the interest of the force, to move him out of Linden and send in a big person, a sober-headed person,” he said.
According to Brumell, he only became aware that shots were fired at the bridge when contacted by the press. He subsequently made contact with Hicken, who informed him that shots were fired but never informed him that persons were injured. All Hicken told him was that pellets and smoke were used on the protestors, he later said.
He said his information was that police discharged “a few shots from the shotgun” to get persons to clear bridge. Asked about the behaviour of the persons at the bridge at the time of the shooting, Brumell said that obstacles, including bottles, were thrown at the police and that explosions were also heard. However, he noted he did not believe that any of the missiles were collected.
Under questioning by Senior Counsel KD Knight of Jamaica, Brumell said that there were two sets of ranks at Linden on July 18. There were 18 from the TSU in Georgetown, and 14 from the Anti-Crime Unit based in Linden. Their names were provided to the commission, while an assurance was given that their commanding officers would be available to the commission.
All the ranks in both units were armed at the time of the shooting with various types of weapons, he said, while noting that the record of the firearm and ammunition assigned to each rank would be among the things that he would be making available to the commission.
Following the shooting, Brumell said, weapons were taken into possession of a senior police officer and ballistics tests were conducted, the results of which should be ready by now. Crime Chief Seelall Persaud, who was responsible for ensuring that this was done, would also be made available to the commission, he added.
He noted that each rank was trained in crowd control and the use of various types of firearms used by the force, including .38 revolvers, semi-automatic rifles and shotguns.
Brumell also stated that ranks from the police force’s special branch were present at the time of the shooting but he could not say if they were armed. Asked what the normal procedure is, he explained that there are persons undercover, who at most times will be armed but their weapons would not be visible to the public.
Direct contact
Brumell, during questioning by attorney Nigel Hughes, who is representing the AFC and the interest of the slain trio, admitted that from his experience in the force the Home Minister sometimes has direct contact with ranks. But he said he was unaware before yesterday of allegations that Rohee gave direction instructions in relation to the shooting and he never investigated the possibility.
Asked if he later discovered that there was communication between ranks below him and Rohee after the events of July 18, he responded in the negative. However, he said that it is not unknown that the minister would call ranks directly, noting that this practice has been happening for some time.
He remembered receiving calls from the minister but said he could not recall a request by Rohee for Hicken’s number between 5.15 pm and 6 pm, just before the shooting on July 18. He did remember a call from the minister around that time and said he had briefed the minister on the situation.
According to the commissioner, he did not look at the phone records of the minister in relation to any direct communication with Hicken, while noting that he could conduct such an investigation depending on the circumstances.
He said he did not expect the minister to contact any lower rank, particularly Hicken, 45 minutes before the shooting. He later added that at no time did he investigate whether a call was made from Rohee to Hicken.
Hughes told the commission that the victims of the shooting are specifically alleging that in the 45 minutes prior to the shooting there was at least one telephone call from the minister to Hicken. The attorney said he planned to go further to establish content, once the minister and Hicken testify, while Brumell affirmed that as the Commissioner of Police he has the power to verify the information.
Asked about the murder charges made by relatives of two of the deceased, Brumell said that ranks commenced an investigations but he could not say if any suspects were identified or whether identification parades were conducted.
He also said the ranks had a total of four shotguns, two of which were capable of firing pellets. He, however, added that he did not inquire into whether the hands of the ranks were swabbed
Brumell explained that the police tried to get potential witnesses but got nowhere. The officers present at the time were questioned, he added, however although there were admissions from those who fired tear gas, he did not receive any information as to which rank fired shots.
Brumell also stated that the force is in possession of video footage from July 18, but while it captured persons throwing missiles at the police, it does not show ranks shooting.
Hughes, at the beginning of the hearing, indicated his desire to bring a UK-based ballistics expert to not only conduct tests on the items recovered but to also testify. It was agreed that the expert will testify two days after he conducts the tests.
Meanwhile, during cross-examination by attorney Basil Williams, one of three lawyers entering an appearance for APNU, Brumell said minimum force should be used, including talking, using a loud speaker and if needs be tear smoke. He added that the use of the water cannon would fall into the category of non-lethal force, while noting that the equipment was dispatched to the mining town.
He said that he was aware that prior to July 18, Hicken had meetings with regional officials but he denied receiving a report that he threatened the officials.
The hearings, which continue today and are open to the public, will be conducted Monday to Friday and on Saturdays, if necessary. The turnout yesterday was lower than expected as the lower flat of the law library building was less than half full at the end of the day, despite the presence of the battery of lawyers.
Attorneys Hukumchand and Peter Hugh entered an appearance at the hearing for the Guyana Police Force. Although attorney Vic Puran entered an appearance for Rohee, he later withdrew, explaining that “the state failed to meet an obligation to counsel.” Attorneys Mohammed Khan and Dawn Holder Alert entered an appearance for the Guyana Bar Association as observers.
