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MoBay detentions irk judge, lawyers
published: Thursday | February 13, 2003

By Roy Sanford, Staff Reporter

WESTERN BUREAU:

THE POLICY of the St. James police to detain persons for prolonged periods without formally charging them is causing serious concerns within the parish's legal fraternity.

Lawyers are directing their anger at the parish's two new top cops, Superintendent Newton Amos and Deputy Superintendent Derrick 'Cowboy' Knight, who both took up duties in the parish on January 2. Even Paulette Williams, the Resident Magistrate for St. James, has expressed concern about the unusually high number of persons being held without being charged by the police.

"I am a bit concerned that a number of young men are being held in custody for two weeks without being charged," Judge Williams stated in court on Monday. "I hope this is not a trend that is developing."

However, Superintendent Amos is insisting that the police are simply doing their job. "We are doing what we are supposed to do," he told The Gleaner. "The men held are cronies that have been threatening witnesses. They will remain in my custody until identification parades are held."

The issue surfaced last Friday when attorney-at-law Dalton Reid informed the Montego Bay Resident Magistrate court that his client Garfield Sawyers, had been taken into custody since January 30, during a raid led by DSP Knight, and that no charges had been laid against him. Judge Williams ruled that Sawyers be brought to the court on Monday, February 10, in the hope that he would be charged then.

However, on Monday, Mr. Reid informed the court that his client had still not been charged. Ms. Williams subsequently ruled that if charges were not laid against Sawyers by 5:00 p.m. that day, he should be released. On Tuesday, however, Sawyers was still in custody.

This information prompted Ms. Williams to adjourn court briefly while the police was contacted about the matter. She subsequently told Mr. Reid that Sawyers was facing a possible charge of shooting. "At the time of him being released yesterday (Monday) he was identified as someone in a shooting case and was taken in for investigation into the matter," she explained.

Mr. Reid told The Gleaner that he was concerned for citizens who were are being held in police custody beyond the maximum legal limit of 48 hours, without being charged or getting any indication as to when they would be released.

Another attorney-at-law, Victor Robinson, also expressed his concern to the court about what he described as the worrying trends of arrests within recent times. "Recently, I have been approached by several persons who are being held without charges," he said. "This is a worrying trend that has been happening in recent times and that trend came about since certain transfers (within the Police Force) have taken effect."

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