Orville Taylor | Having his Day(ton) in court?

Reputation is everything. However, when seeking truth, the mouth of the speaker or the character of the accused does not taint it.

No relation to the Caucasian memes called by the same Christian name, People’s National Party (PNP) firebrand Karen Cross has turned her surname into an eponym, filing a document in the Supreme Court in defence against defamation allegations raised by her colleague, Dr Dayton Campbell.

Campbell has no seat to step down from; the people have already decided that they do not like him any more. His position as quarterback general secretary of the PNP rides on his reputation and conduct now. Someone leaked information about how the executives voted. This time, party President Mark Golding apparently saved Campbell from falling due to the split in the middle. Half of the party’s two fists did not back him.

Cross and her two defendants, whom I am tempted name ‘Hangry’ and ‘Miserable’, made unsubstantiated allegations about Campbell. Lacking video evidence, the ladies brought to the court a paper with the signature of a justice of the peace, presumably to affirm the veracity of the contents.

The assertions are that acts under our Sexual Offences Act and Child Care and Protection Act were committed by the good doctor. Interestingly, we have not been informed whether or not these are the same matters which have been brought to the attention of the police and investigated. Indeed, just over a month ago, the cops indicated that they had done their due diligence regarding the alleged deviance of Campbell and found no basis upon which to act any further. Therefore, they have concluded their actions in those matters. Not guilty and innocent are nonetheless not coterminous.

In a video clip, Cross says that when she became aware of the alleged behaviour, she brought it to the party and suggested let “we see what we have”, and that Campbell “take a vacation”. Then the party should “let people speculate”. Then, interestingly, she said, “and if the police feel a mind, they can go arrest him”. “It is all about the girls and what they desire.”

BIGGER ISSUE

Cross drew references to the case of Member of Parliament (MP) George Wright and declared that this is a bigger issue. Absolutely! A video recording appeared a few months ago showed what looks like a male raining blows on a female, and despite the ‘speculation’ Wright’s mouth has been sealed like a Dutch pot with a large stash inside.

An adult beating another, though grave, is not in the same category as child abuse. In any event, unless an onlooker is a police officer, there is no duty to act to save another adult human who is facing imminent danger or death. Thus, if you being an accomplished swimmer with a pole choose to allow a person who fell into the pool to drown, you would be wicked and unchristian but not criminally negligent.

However, when it comes to the welfare of children, there is no space for compromise. Our Child Care and Protection Act of 2004 mandates any adult who has reason to believe that a child has been, is facing or is likely to face danger, including sexual abuse, to report this to the competent authorities and cannot conspire with anyone, including a political party, to manage it for the public. Moreover, no statute of limitation exists for offences against children, however grown they may be when the information comes to fore.

Thus, an apathetic bystander can be charged and convicted for failure to report a suspected case of child abuse, even if later the suspect is found not to have committed an offence. It is sort of a case where one tries to pervert the course of justice and is convicted, although it is discovered upon trial that the accused was not guilty.

SEE THEM IN CUFFS

Therefore, if there are matters not yet known to the police, but which the PNP top brass and Cross tried to keep in their bosoms, then I want to see them all in cuffs. However, if the stuff in the documents is old matters, which have been properly and thoroughly interrogated and investigated, this is not just a red herring but stale Solomon Gundy with ‘junjo’ on the crackers.

Children are our most important natural resource and their well-being is not negotiable and cannot be sacrificed on the altar of political expedience. They are minors and incapable of making legal decisions for themselves. Thus, it is not what they want; we must make decisions for them.

Yet in all this, the rules of due process and natural justice must prevail. A statement in a document in the Supreme Court is not the same as an assertion which has been reported to the police and has not been recorded. Only a court can convict Campbell.

Still, he is a politician and political success is about what people ‘know’, not what can be proven.

Campbell suffered ‘electile’ dysfunction last year, half of the executives are against him and he might be too damaged to stand in the next quest for Parliament.

There are bitter pills to swallow.

- Dr Orville Taylor is head of the Department of Sociology at The University of the West Indies, a radio talk-show host, and author of ‘Broken Promises, Hearts and Pockets’. Email feedback to columns@gleanerjm.com and tayloronblackline@hotmail.com.