Delroy ChuckVIOLENT CRIMINALS are undoubtedly wreaking havoc and mayhem on our society. Innocent, law-abiding citizens suffer immeasurably at their filthy and grimy hands. Gunmen, robbers, rapists and murderers engage in such barefaced, brazen and brutish behaviour that, when they meet their violent end, it is easy for the society to cheer and feel relieved. Criminals, it is urged, should be hated, despised and eliminated. Thus, it is beyond belief, to those who hate and despise criminals, that anyone should bear any sympathy or concern for their untimely demise.
Yet, the society must make some critical decisions. Can we repose trust in our police to be judge, jury and executioner? And, if the police, why not the community don - to eliminate bloodthirsty criminals? In fact, can the cold-blooded and unjustifiable killing of an alleged criminal be justifiable and excusable on the unconfirmed and unproved allegation that he is responsible for barbarous killings and other gruesome crimes? Should the society engage in civilised discourse or sceptical concern over the death of reputed gunmen and young violent offenders? Should we accept as valid and truthful the word of the police that the alleged criminal was killed when he engaged the police in a shoot-out or endangered the lives of police officers and others?
The real issue then is whether we can repose trust and confidence in the word of the police or, in a civilised society, should there not be an effective mechanism to clear the police of wrongdoing and to condemn them when they do wrong? To be sure, the police are exercising their powers and carrying out their duties to protect and secure the society from detestable and wanton offenders. They act in our name and deserve our support. But our support cannot be unconditional; it has to be based on the proper and professional execution of their duties.
As someone who has defended many police officers and been close to them in many areas, I am deeply sympathetic to their role and function. Their duties are extremely burdensome, stressful, life-threatening, emotionally draining and, always, demanding of quick, critical, judgements. When they patrol in the inner- city communities, in which guns and ammunitions abound, they come under constant pressure. Indeed, policing a rotten society is definitely a gigantic and indescribable task and much credit must be given to the committed officers who perform their duties professionally. In the discharge of their duties, however, the behaviour of the police must be above board and the nation needs to know when they act in our name that they acted lawfully and professionally.
Recent events do not make us sanguine in the conduct and truthfulness of police officers. The nation is now engaged in a full discussion and examination of the death of seven young boys in Braeton, St. Catherine. The initial report suggests that the boys were killed in a shoot-out with the police. Yet, later reports, investigation and logic, suggest that the emerging stories are conflicting and demand a thorough assessment, indeed a full-scale inquiry. The mood of the nation was initially appeased and assuaged when it was reported that these young men were responsible for the death of a school principal and a police officer. Moreover, the report alleged that guns were recovered including the one stolen from the slain police officer at the Above Rocks Police Station. These reports may all be true, but when the full picture emerges of young boys crying and begging not to be killed, of a house surrounded and controlled by sixty police officers before entry is gained and many other chilling news stories, then there are more questions than answers and the society deserves to know what actually happened there.
Easily embraced
I am very disappointed that popular opinion was so easily embraced by good public relations which labelled the boys as killers and responsible for two brutal murders. Even if some of them were responsible, and there is no surety, are they not entitled to the due process of law?
The spate of police killings must give the society some serious concerns. Most, if not all, may be justifiable. But, how do we know? The machinery to investigate and report on allegations of police killings and shootings seems out of touch with the reality and demands of the society. It may be that the Police Public Complaints Authority is understaffed and lack the resources to discharge its duties effectively, but it must say so. It would certainly aid the whole process of justice if an independent body investigated the cases quickly and report promptly; otherwise public confidence will soon be lost.
However, it seems to me that the society is convinced that the justice system, like everything else, is disintegrating and, thus, supports the police in their extra-judicial activities. If that is so, then this is a social order not worth preserving, as tyranny lurks around the corner. If justice can be arbitrarily dispensed, then there will be no need for the courts and the whole legal system. Such a society would soon descend into brutality and barbarity. Justice has to be even-handed, dispensed fairly and equally, by an impartial and independent tribunal, and open to the scrutiny of ordinary folks. We cannot and must never support the police in the use of excessive force or in pursuit of extra-judicial executions. At the same time, we recognise that in their line of duty when they come under attack they must defend themselves and if their lives are endangered then the law gives them the right to kill before they are killed.
Rights and justice must exist for everyone. I know it is not popular to ask for justice for alleged criminals, and people actually believe human rights activists and others like myself are too soft on criminals. Yet, I strongly urge that even criminals deserve the due process of law, and justice demands that every opportunity should be afforded them before they are sentenced and given their just desert. If we are to build a kind and gentle society, then every act of injustice should be of grave concern and every killing should be thoroughly investigated to ferret out the truth and ensure that a pure stream of justice flows smoothly throughout our land.
Delroy Chuck is an attorney-at-law and Opposition Member of Parliament. He can be contacted by e-mail at delchuck@hotmail.com.
