Justice writes - Autopsies in Jamaica

AN AUTOPSY is the same as a post mortem examination, which is a medical check of a dead body performed in order to ascertain cause of death.

There are very strict and clear protocols on how to perform an autopsy, especially in cases that might involve foul play.

In this instance, it is even more important that careful examination be undertaken and complete notes be recorded during the autopsy. The paths of bullets should be probed, and bullets removed, in an effort to establish where the bullet entered and where it exited. If a bullet is retrieved it may be possible to establish which gun the bullet came from and thus assist in identifying the killer. The direction in which the bullet was travelling can be established by probing the path from the entry to the exit wound.

This can also establish whether the shots were fired into the back or front of the body, and whether the victim was standing or lying down. All this information can be used to corroborate, or not, the evidence given by witnesses and the police.

For years now we have heard that many people, usually young men, have been shot in what police allege is a 'shoot-out', while members of the community, witnesses and bystanders allege something quite different.

A satisfactorily completed autopsy can often establish the truth of the conflicting claims made by police and citizens.

It is therefore of the utmost importance that autopsies done on victims of any police shooting be conducted with care and adhere to international standards.

In this way, the integrity of the result can, and will be, beyond dispute, and of immense value when and if a Coroner's Court is convened in order to determine criminal responsibility.

Last year, a distinguished Scottish forensic pathologist, Dr. Derrick Pounder, from Dundee University, reviewed the autopsy reports on several police shootings in Jamaica. His report, issued at the end of 2000, may be regarded as a serious indictment of the way autopsies are performed in Jamaica. He stated, "Autopsies on Janice Allen, Patrick Genius, Sean Robinson and Delroy Lewis are not autopsies in a way that would normally be understood."

He added, "... the quality of reports (are) deficient" and "do not meet (normal) best practices (and) United Nations standards". He also said they show "serious deficiency in being able to classify what was or was not murder."

This indictment by a highly qualified and impartial observer must send shivers down the spines of citizens, and indeed Government authorities.

Those responsible can no longer 'turn a blind eye' and civil society must understand the implications of these deficiencies.

What constitutes a complete and thorough autopsy, particularly one in which there is a suspicion of foul play? The entire body should be carefully examined and X-rayed to determine, a) the presence of gunshot wounds, b) bullet entry and exit wounds, and, c) if bullets are still in the body.

This is not being done routinely. As soon as the police retrieve the bodies, the hands should be wrapped to preserve evidence of gunpowder that would be present if the victim had been in a shoot-out.

The absence of gunpowder on the hands of the victim is strong evidence that he did not fire a gun and that a shoot-out had not taken place. Other activities not routinely carried out are, opening of the cranium and removal and weighing of the brain. Examination of all the organs may reveal vital evidence. Photographs of the bodies from all angles and showing all wounds are essential as they could prove to be of vital importance in a trial. This is seldom, if ever, done. A thorough autopsy could take several hours, while in Jamaica, they are more often than not completed in 20 to 30 minutes.

The presence of an impartial observer should be a RIGHT of the family if they so desire, and the findings should not be impugned because he is an observer.

Where families request a second autopsy done by a non-government official, this too should be permitted.

The process of justice may often involve two or more opposing sides, with conflicting evidence from bystanders and police, and a complete and thorough autopsy may provide the only evidence that could point the way to a just verdict. At present, in Jamaica, autopsies do not meet acceptable, let alone, international standards. It is vital that this situation be speedily rectified.

You may write Jamaicans For Justice at ja.for.justice@cwjamaica.com or visit their web site at http://www.jamaicansforjustice.org

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