Dear Editor,
The recent judgment to convicted felon Jamaican National Sandra Russell by Chief Justice Roxanne George is most welcomed. I say her judgment was most welcomed because it has brought to the fore the fact that the law is the law and must be applied in all matters. The law while it prosecutes and punishes the criminal it also protects them from the excesses of those who administer it, rightly spelt out under the human rights charter. Both must be kept on an even keel, the excesses of either party must be curbed. In this case The GPF is the one culpable of not applying the law appropriately, they, whether by its misinterpretation or gross neglect thereof have fallen short of their legal obligation under the law. The awardee was granted the sum of $3.1M for her aggravation and illegal detention. The facts of this case is that the offender, being found guilty of the crime of drug trafficking, was incarcerated. She served her time of three and half months jail time and thereafter promptly deported. However, for some unknown reason she was unlawfully detained and deprived of her freedom for 5 additional months without charge. The Chief Justice in her ruling maintained that Miss Russell’s rights were infringed and as such should be compensated for it; further the judge’s ruling directed that Russell be deported.
Now, while some may ask the question why a convicted felon should be compensated, the answer is that the police also broke the law and must be held accountable. Rightly put, it is indeed irritating and embarrassing to know that a criminal can be treated so handsomely when they are indeed a criminal. However, the fact remains that the custodians of the law (being the police) did indeed broke the law and under such circumstances the judge ruled in the felon’s favour. This case exposes the inefficiencies and shortcomings of The Guyana Police Force when dealing with such matters, something I have been clamoring for years now. In the circumstances outlined above, the police, if they are ignorant of the law should have sought legal advice at their disposal and not rely on their own interpretation of the law. In so doing they would have saved themselves the embarrassment that they are now exposed to. Ignorance of the law is no excuse. All parties involved must realize they must operate within the confines of the law. Why this woman was not deported back to her home country is the sore point for anyone reviewing the case.
I turn your attention to two cases of a similar nature but with different outcomes, one in Barbados and another in St Lucia. They both involve illegal aliens handsomely winning at the local betting games of chance. In both instances when they turned up for their winnings they were denied it and promptly ordered deported. One might say this is indeed heartrending and inhumane treatment but we must not forget that in the circumstances they were illegals and as such were outside of the privileges of normal citizenry. The law, though inhumane as it seems, clearly stipulates that such persons are prohibited from employment or as – in the two cases mentioned – are outside of the largesse of the state. Pretty tough to digest, but the law is the law and must be upheld. Sandra Russell got away with it this time due to clumsy policing.
Sincerely,
Neil Adams
