The following is a continuation of extracts from the recently published 'Pattern of Impunity' report done by Jamaicans For Justice (The full report is now available on our website).
JAMAICAN GOVERNMENT forensic pathologists' autopsy procedures fall well below international standards. The United Nations Model Autopsy Protocol provides a good outline of the proper procedure by which a pathologist and police officers are to investigate a crime scene and perform an autopsy involving a fatality. Many of the steps outlined in that protocol are either entirely ignored, or fall so drastically short of the basic minimum standard of procedure, that it constitutes a violation of the rights' of citizens by the Jamaican Government.
The case of the Braeton Seven illustrates the failure on the part of the Government forensic pathologist to properly follow many of the procedures. The bodies were not protected from contamination by body bags, or the hands and heads by paper bags. The autopsies were performed 15 days after the deaths, allowing deterioration of the bodies. The Government pathologist conducting the autopsies was given inadequate information about how the seven boys died and where the bodies were found and did not go himself to the scene.
FINDINGS
The findings were not documented by photos, the autopsies were performed by only one pathologist (most countries have two), the pathologist did not collect samples from the hands of the deceased and no samples were taken for microscopic investigation.
In other cases, similar criticisms are applicable, and additionally: in the Patrick Genius case, a bullet was left in the cranium precluding essential ballistic tests on that bullet; in the Burnt Savannah case, a bullet was left in the cervical spine of one of the victims; in the Janice Allen case, the government's autopsy lacked essential descriptions of the state of organs.
As recently as September 2004 in the August Town shootings of Sandra Sewell and Gayon Alcott, the bodies were not stored in body bags, the clothing of the victims was not protected from contamination, the hands of the victims were not protected in paper bags, the pathologist had not visited the scene at the time of autopsy and X-rays of the victims were provided by Jamaicans For Justice at the request of the BSI.
Another important issue is the independence of the Department of Forensic Science. The Department of Forensic Science is under the direct control of the Ministry of National Security, calling into question its ability to remain objective in its duty to perform autopsies on victims of police violence.
POOR BALLISTICS TESTING
There is a pattern of poor investigative procedure regarding the collection of guns and bullets from crime scenes involving police officers' use of deadly force. Police officers in many cases fail to properly preserve fingerprints on guns allegedly used by victims, and have not been able to account for the weapons used in shootings. Often weapons used by police are not returned for testing until days after the incident.
In the case of Kevin Smith, a policeman took out guns allegedly found on Kevin using bare hands, and the guns were unprotected. In the case of Janice Allen, the investigator who collected the guns from the policemen involved in the shooting did not note the serial number of the gun that each policeman turned in before he sent them off for ballistic examination. Consequently, despite the fact that the ballistics tests showed which gun was used to shoot Janice Allen, he was unable to state who had possession of that gun.
As recently as October, the Bureau of Special Investigations officer in Montego Bay asked Jamaicans For Justice to assist in getting the 'gun-firing' machine repaired. It has been out of commission for some time and is thought to be suffering from the 'Y2K bug'.
There is also a pattern of intimidation and harassment of victims, their family members and witnesses, perpetrated by or on behalf of police officers In the Braeton Seven, Patrick Genius, Delroy Lewis and Janice Allen cases family members were threatened, in some cases directly by police.
In the Janice Allen case, one police officer was caught on tape saying to the mother, 'All of unnu fi dead.' When the incident was reported to the Office of Professional Responsibility, the only action that was taken was the officer was asked to apologise.
