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Lawyers object to lousy lockup, call for shutdown

Published:Wednesday | August 14, 2024 | 12:08 AMTanesha Mundle/Staff Reporter
The Denham Town Police Station located on Spanish Town Road in Kingston.
The Denham Town Police Station located on Spanish Town Road in Kingston.
Tamika Harris, attorney-at-law.
Tamika Harris, attorney-at-law.
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Some criminal defence lawyers in Kingston have raised concerns about overcrowding and unsanitary conditions at the Denham Town police lockup, as well as a reported recurring skin problem among some of the detainees. At least one of the attorneys is calling for an immediate shutdown of the facility.

Well-known senior defence lawyer Tamika Harris, who was one of two lawyers willing to speak on the issue, said, “The Denham Town Police Station seems to be in a most deplorable condition. The detainees are coming to court with visible sores and spots. The jail is overcrowded, stink and filthy.”

She stressed that the police officer in charge of that lockup should be called upon to explain the state of the facility.

“The health authorities need to shut that jail down with immediate effect. We are going to have a repeat of the Agana Barrett situation if the conditions remain unchanged.

“I am urging the Government to take immediate action to address these issues by ensuring that all detainees have access to adequate clean space and uncontaminated water and food,” Harris said.

Barrett was a 21-year-old carpenter who had suffocated in an overcrowded cell at the lockup at the Constant Spring Police Station in 1992 after he was taken into custody while on his way to work and was placed in a cell with about 20 other detainees.

Harris, who attested to having more than one client who has developed skin problems and complained about the deplorable state of the cells, said the authorities need to provide timely and comprehensive healthcare services to all detainees at that facility.

ISSUES AFFECTING DETAINEES

According to her, the reports from several detainees of overcrowding, inadequate access to healthcare, insufficient nutrition and inadequate places to pass bodily fluids are consistent.

She highlighted that these conditions not only violate basic human rights but also contribute to a cycle of disregard for the police.

“The community fosters hatred towards the police as they watch family members being treated like animals. They continue to view the police negatively as even the family members who complain about the situation are disrespected and mistreated and chased from the station.

“Once you complain you are not given visitation rights. The police will not take food, toiletries, toothbrush or soap from your family members and the detainee is deprived of clean healthy food and may even be forced to attend court without the opportunity to brush their teeth,” Harris stated.

Weighing in on the issue, attorney Sasha-Kay Shaw also described the lockup conditions as very bad.

Shaw further noted that she had observed skin rashes on detainees since January and that at least six clients had asked for transfers when their cases were mentioned in the parish court.

She said most of her clients have either requested a transfer or to be taken to see the doctor.

MEASURES NOT EFFECTIVE

At the same time, she said it was not the case where personnel at the lockup are ignoring the affected detainees or failing to address the issue.

Shaw said she was aware of measures by the lockup to clean the facility but it has not been effective because the health situation continues as soon as the detainees are returned to the cell.

Additionally, she said, “Some of the accused are telling me that the place is too small and some of them are sleeping on the ground. Some of them relieve themselves on the ground and some of them are sleeping in that same area and so the condition is just rife for infection.”

“One of them told me that there is just no space he has to stand up and sleep,” Shaw said.

Shaw concurred that the issue of overcrowding needs urgent attention while also calling for the health department to inspect the facility and make the necessary recommendations.

“As much as I appreciate the challenges that the police have, we have to bear in mind that the detainees are people who are not yet convicted and are awaiting their day in court and the truth is anybody can be in a lockup,” she added.

Responding to the concerns, head of the Western Kingston Police Division, Senior Superintendent Michael Phipps, said, “The only issue we have there really is overcrowding not with the condition in terms of cleanliness.”

He said plans are already afoot to deal with overcrowding.

“Very soon we will be doing a transfer of some of the prisoners and that will continue with a view of alleviating the problem of overcrowding,” Phipps shared.

The commander, however, insisted that there is no wide-scale recurring problem with detainees having skin conditions. He said while a few had presented with the condition, they were examined by a doctor and treated.

With regard to sanitation, he said, more than one deep-cleaning exercise was done, the last being in July during which detainees were removed.

“You might not know but sometimes when the conditions of the lockup are so strict and they can’t get in contraband, they try to use excuses like these that they want to be transferred and we have medical persons who come in and the thing that they are alleging, nothing like that. And we know from time to time they have bruises, as they are very violent. They fight each other so that sometimes causes the bruises but we always have them get medical attention,” Phipps said.

tanesha.mundle@gleanerjm.com