Allegations do not translate into automatic guilt

Dear Editor,

 

Have we changed the rules of our society in Guyana?

From the recent allegations of abuse by a police constable of a man via baton, there seems to be a new system in place where Mr Hughes of the AFC have become judge and jury.  The process would usually be as follows: allegations-formal complaint-investigation-charge/no charge-prosecution, civil claims, etc. Mr Hughes and the AFC seem to have a different view of due process.

This cannot be the way we operate as a society; allegations do not translate into automatic guilt and damages as assessed by Mr Hughes; we have a legal system and rules which have been disregarded in this instance.

The AFC has waded into this alleged incident with both fists flailing calling for the resignation of the Police Commissioner and the Minister of Home Affairs, again without a formal investigation of the allegations. Unfortunately for the AFC we live in a country that is firmly rooted in the rule of law. I have gained every confidence in our judicial system by way of litigation against the current government, where as a representative of the Guyana Cricket Board, I took on the government and won. Our principal lawyer in that instance, Mr Sanjeev Datadin, counselled patience and faith in the judicial system.

My faith in the judicial system was not misplaced. The eventual decision in favour of the Cricket Board flew in the face of all conjecture and gossip and is a vindication of the judicial system that leaves no doubt as to their professionalism and independence.

No, we cannot let emotions rule our actions. The allegations of police brutality if proven true should have serious consequences for the individual(s) who perpetrated those acts, but the perpetrator also deserves due process and the protection of the law. To ignore that and walk along the AFC path leads to anarchy; there is an obvious element of use of political pressure for justice.

This is not the first instance where a first glance at allegations provoked a strong emotional response from many, only to be proven false. The rape allegations made against Commissioner of Police Henry Greene come readily to mind, and some of the characteristics of that case recur here ‒ the gap in time between the alleged incident and the report, the same graphic language used. One must recall that no less a person than the Chief Justice of Guyana Ian Chang ruled there was no evidence that Mr Greene should face trial.

I caution the leadership of the AFC to think before they act and to recognize that principles are not bendy straws to serve their whims; their current modus operandi does not engender trust. To those who would respond about the seriousness of the allegations and the brutality described therein, have no fear. I would in no way condone such actions under any circumstances; however, allegations must be investigated before any course of action is decided.

The responsible and prudent thing would be to call for an independent investigation to be delivered within two weeks and the report thereby produced to be made public. Then consider whether compensation and to what amount may be reasonable.

I urge all citizens to have faith in our judiciary and seek redress within the law for any perceived injustice.

 

Yours faithfully,
Robin Singh