AfriKa CRY BLOOD

by People’s Empowerment Party

ACCORDING TO A REPORT in THE NATION newspaper last Wednesday, Attorney-General Freundel Stuart cavalierly dismissed the People’s Empowerment Party’s call for an effort to be made to stage a demonstrably “independent” investigation into the death of I’Akobi Maloney by quipping: “Mr Comissiong was not down there [at the St Lucy scene of the death] as far as I am aware, and none of the people who are shouting were down there.”

Mr Stuart then proceeded to state that he had received a written report from the police on Maloney’s death; that there was “no recording of anything out of the ordinary” in the report; and that the normal course of events would follow, with the usual Coroner’s Inquest being held.

The PEP is disheartened that our new attorney-general is seemingly unwilling to think “outside of the box”, and to reach for the substance of justice, rather than its mere form.

As a lawyer of some 24 years’ experience, Mr Stuart knows only too well that when a civilian dies at the hands of the police in Barbados, or dies in circumstances in which there is a question of possible police involvement, we are hamstrung with an investigative modus operandi in which the Royal Barbados Police Force (RBPF) basically investigates itself. The persons who carry out the investigation into any such unnatural death are officers of the RBPF. The vast majority of written statements and other documents relating to the investigation are prepared by officers of the RBPF, and are submitted by them to other, more senior, officers of the RBPF.

Furthermore, when the time comes to introduce the “evidence” to the coroner, it is officers of the RBPF who take control of the presentation of the evidence to the coroner. And throughout this entire procedure, the police officers who were involved in the unnatural death remain on active duty, potentially rubbing shoulders and working with fellow officers who may be involved in the investigation!

Now, how can any sensible person be expected to feel comfortable with such a state of affairs? How can one expect a grieving mother or father or brother to believe that justice is being upheld in such an investigation? The PEP has therefore recommended that a new modus operandi be instituted.

We believe that the police officers involved in or connected to the unnatural death should automatically be suspended from active duty. This suspension from active duty would persist for the duration of the investigation, and would not be automatically suggestive of any guilt on the part of the suspended officer.

We have also recommended that senior, high-quality police officers should be brought into Barbados from other suitable Caribbean jurisdictions to take control of the investigation. In this way, you would avoid the awkward and potentially corrupting situation of having officers of the RBPF investigate fellow officers who may be their friends and colleagues. Surely there is a greater chance of impartiality and objectivity if the investigation is being led by non-Barbadian officers who have no connection to the RBPF.

And finally, instead of entrusting the task of presenting evidence at the Coroner’s Inquest to officers of the RBPF, this crucial task should be placed in the hands of professionally trained lawyers employed by the state. Justice must not only be done but must also be seen to be done. Let us use the tragedy of I’Akobi’s death to change the system!

Tags: Attorney-General, Coroner, David Comissiong, evidence, Freundel Stuart, independent, inquest, investigation, People's Empowerment Party, PEP, RBPF, Royal Barbados Police Force

This entry was posted on Friday, October 10th, 2008 at 6:00 am and is filed under Civil Actions, News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.