Lawlessness and the corruption of justice
published: Wednesday | August 6, 2003

Delroy Chuck

JUSTICE IS the fountain from which a good society springs. Every citizen, wrongfully injured, must feel and know that, by due process of law, justice will ensue and the wrong duly remedied. A society unable to protect its citizens and to administer justice can only rapidly deteriorate into anarchy. Sadly, as we celebrate our 41st anniversary of Independence, we must reflect on how mismanagement, incompetence and corruption have choked and clogged our fountain of justice.

Nowadays, the criminals within our midst are having a field day. The Government of the day seems unable to correct the blatant indiscipline, downright corruption and the many criminal wrongs occurring daily. Even when wrongs are discovered, they are merely nine-day wonders, as before long they are excused, explained and officially forgotten. To play by the rules is the surest route to frustration and failure. To get anything done, one has to have contacts, know the 'runnings' or be prepared to cut corners. At every level of our social order, things are falling apart and no one in authority seems determined, even inclined, to correct the disintegration.

UNDERMINING JUSTICE

We have now reached another level of disintegration when our justice system is being corrupted. To be sure, some of our worst criminals have successfully undermined the court system, especially by threatening and killing witnesses or corrupting court officials. In fact, many lawbreakers have become untouchables and above the law, as the weaknesses in our criminal justice system provides them with a safe passage. That cannot be an excuse, however, for our security forces to wantonly and without due process summarily execute persons deemed to be gunmen, killers and community dons. When we turn a blind eye to injustice, we allow a train of events that lead inexorably to a society of injustice and tyranny.

We are well aware of the tyranny unleashed on the people of Tivoli during the weekend of July 7, 2001, and of the killing of the Braeton Seven, and to date no one has been found criminally responsible, or seems likely to be, when the known facts and forensic details strongly suggest criminal liability. Well, no one may have given eyewitness testimony of actually seeing what took place. But, does it really matter? When brave citizens, intolerant and disgusted with what they see, are prepared to come forward, give statements and be ready to attend court, yet are not contacted, is our justice system not being corrupted?

KILLING OF ANDREW PHANG

In October, 2001, eyewitnesses gave statements to the relevant authorities detailing the cold-blooded killing of Andrew Stevens, o/c Andrew Phang, so-called community don of Grants Pen, whom the police alleged was killed in a shoot-out. The eyewitnesses said that Andrew was cornered, dressed only in his brief, handcuffed and placed in a police jeep. Curiously, a police officer, speaking on a cell phone, sweating profusely, returned to the jeep and announced that they were going to "nyam him food", which is a colloquial expression for executing him. Then, before a large crowd, estimated at somewhere between 30 and 50, police officers pulled Andrew from the jeep, even while he struggled, screamed and pleaded with the crowd not to allow the police to kill him, removed the handcuff, took him to the back of the driveway and executed him, in the full view of the crowd.

Witnesses spoke and gave statements providing the preceding details. Certainly, at the time he was taken into custody there was no shoot-out and no one was in imminent danger. Dozens of witnesses who saw what took place were simply incensed with the blatant and brutal savagery of those who are sworn to serve, reassure and protect the citizens. Many provided the relevant authorities with their names, addresses and telephone numbers, and intimated they were willing to come to court. They were, and are, prepared to do something about the cycle of injustice and brutality. But, how many, if any, have been notified of the Coroner's Court proceedings, which, amazingly, was completed without Andrew's family, or the public, aware and, not surprisingly therefore, could anyone be held criminally responsible?

THE SYSTEM HAS FAILED

In fact, with so many statements alleging a cold-blooded killing, why did the matter go to the Coroner's Court? Surely, it could not be to identify which police officer(s) is responsible, which was the lame and incompetent excuse in the Michael Gayle saga. Was an ID parade held? In any event, the witnesses stated that many police officers were on the scene and those who participated in the alleged execution could easily have been known. But, is anyone interested in justice, or in the due process of law?

It is of the utmost importance that justice should not only be done but should manifestly and undoubtedly be seen to be done, and if no one in Jamaica is interested then, perhaps, the international community should look into another case of state injustice, which smacks of corruption. Even if Andrew Pang is a wrongdoer, and I can say with a clear conscience that I have no evidence to support such an allegation, he does not deserve to be so brutally killed in a civil and just society. In truth, a good society must ensure that everyone, even wrongdoers, is treated even-handedly, fairly and with due process.

Delroy Chuck is an attorney-at-law and Opposition Member of Parliament. He can be contacted by e-mail at Delchuck@Hotmail.Com.

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