By Rawlston Pompey
It may take just one ‘Rogue Cop’ and one act of indiscretion or criminality, then law enforcement is brought into disrepute, while discredit is brought upon the reputation of the ‘Police Service.’ Conversely, it takes one act of dishonesty or organizational thievery, in causing reputational damage, not just to one innocent member, but also, the entire membership. This has been a universal phenomenon. Hence, this is not unique to one ‘Police Service,’ and one Law enforcement jurisdiction.
RECKLESS ABANDON
In recent times, outside of ‘Police Gun Violence’ against unarmed citizens, has risen the vexed and troubling issue of ‘Unaccountability of Police Exhibits.’ A Commissioner may wish to address these than, apparently with ‘Reckless Abandon,’ apprising ‘Cabinet Members’ of; (a) ‘Illegal gun acquisition by business people; and (b) Gun Rentals by criminals for the commission of crimes’ [ANR: September 6, 2023]. From a professional perspective, these are ‘Confidential Matters’ only for members of the ‘National Security Council (NSC). Commissioner of Police, Atlee Rodney QPM,’ shall be cautioned that he might be sliding down a slippery slope to destruction.
PROCEEDS OF CRIME
To understand the legally coined words ‘Tainted Property,’ is to be sufficiently acquainted with the ‘Statute.’ It provides interpretation for; (i) Every law enforcer, as well as the citizenry to familiarize themselves with the particular Law – Proceeds of Crime Act’ [No.13 of 1993]. Specific to these, is that the ‘Seized Property’ shall be deposited into the possession of ‘Custodians of Police Exhibits.’ This commentary seeks to guide a procedural understanding of seized citizen’s property’ as ‘Exhibits’ for: (i) Evidential purposes in criminal prosecutions; or (ii) As ‘Tainted Property’ in ‘Forfeiture’ proceedings.’
PERSPECTIVE
This commentary specifically looks at; (i) ‘Un-redressed indignities of; (a) ‘Detention; and (b) Strip-Search of 14-Teachers, seemingly suspected without ‘Reasonable Grounds;’ and (ii) The apparent ‘mysterious disappearance’ of ‘EC$20,000+’ reportedly seized from a ‘Contractor’ as ‘Tainted Property;’ and (ii) Disappearance of some ‘EC$18, 000; and US$1, 500’ from the possession of either; (a) ‘The arresting officer; or (b) Police Court Prosecutors; or (c) The Custodian of Police Exhibits- Criminal Records Office (CRO).’ It also looks at the ‘Criminal Exploits’ of three convicted ‘Police Felons,’ then actively serving in the Police Service. These officers had not only run foul, of the ‘Law,’ but were also made prosecutorally amenable to Law.
STAFF ROOM DETENTION: STRIP- SEARCH
This commentary, however, begins with the indignities of; (a) ‘Staff room detention; and (b) Strip-search’ by Police officers, probing with their eyes, and observing to see if ‘EC$4, 500’ would have been dropped out from somewhere. Not infrequently, the innocent citizens have seen innumerable, but unfounded accusations made against them. Not infrequently, ‘Suspects’ were identified, and described by ‘STRATCOM’s Regurgitative Narrative’ that those fell under Law enforcers radar, were seen ‘Acting in a suspicious manner.’ This could not have been said of some ’14-Teachers, then assigned at the ‘All Saints Secondary School (ASSS).’ Compounded the difficulties of so-called ‘Suspects,’ may have been the apparent insensitive actions of the apparent poorly trained and uncouth ‘Law enforcers.’
MISSING MONEY
It has been the experience that though searches were often conducted for its retrieval, far from harbored belief, ‘Money’ has never gone ‘Missing.’ This appears more of a misnomer, than of fact. That which remains factual, was that the ‘Innocent’ citizen was frequently suspected and fingered in the disappearance of ‘Money.’ The case of the ‘All Saints Secondary School Teachers, makes the point. When a female colleague reported the disappearance of some ‘EC$ 4, 500,’ from a hand bag’ [October 23, 2018]. In this case of a report of ‘Missing Money,’ the innocent Teachers, under observation by the ‘Student Body’ was reportedly corralled in the ‘Staff Room,’ by Police officers that had shown scant regard to their human dignity and worth.
INDIGNITIES: DETENTION/STRIP-SEARCH
Law enforcers that appeared starved for; (a) ‘Procedural knowledge;’ (b) Enshrined fundamental constitutional rights of the individual; and (c) ‘Respect for the dignity of humans.’ That which may have been most outrageous were the ‘Indignities suffered; (a) ‘Detention or restrained liberty; and (b) Strip-Search’ at the ‘All Saints Secondary School.’ These were suffered by some of the finest and noblest educators.’ They were subjected to baring their bodies and exposing their anatomies at the ‘Staff Room’ at the educational institution. Without; (a) ‘Reasonable suspicion; and (b) Lawful authority,’ but seemingly curious to see the ‘Promise Land,’ had reportedly demanded that they perform a ‘Strip’ without ‘Teasing.’
PEERING AND PROBING EYES
The innocent educators had no ‘Fountains’ in which ‘Coins’ may have been thrown, that Law enforcers may have visited and made ‘Fanciful Wishes.’ Somehow, the apparent deprave enforcers were hoping to see ‘Money’ dropped from the ‘Promise Land.’ The educators, acting as instructed saw nothing the Police investigators have been looking for, fell on the floor. Conscious of their ‘Peering and Probing Eyes’ surveyed the ‘Promise Land,’ many were said to have accused those conducting the search of showing scant respect to their privacy and human dignity. Acting against their will and invading their privacy, they had been reportedly forced to removed their wearing- apparel’ [Observer Media: October 23, 2018].
EDUCATORS’ TREATMENT
In fact, such ‘Land’ held no ‘Promises,’ neither for; (i) ‘Commissioner of Police, Atlee Rodney QPM; (ii) Attorney General, Justice and Legal Affairs; Police Minister and ‘Principal Legal Advisor to the Government, Steadroy ‘Cutie’ Benjamin;’ nor (iii) The male and female officers conducting the illegal search. They had reportedly coerced the apparent chicken-hearted ‘Principal’ into providing accommodation for the commission of an act so depraved, that the nation became enraged. It continues to boggle minds, why law enforcers seemed to have harbored a belief that the educator’s body, was the ‘Central Bank of the ‘Organization of Eastern Caribbean States (OECS).’
BRAIN OR FOOT
Except conjoin twins, the human body has, but one head and one brain. It would seem that if the body has at least one ‘Big Foot,’ that was bigger than the brain, then the ‘Foot’ may take him/her to places where ‘Angels’ fear. This may be the time when humans begin to think with the ‘Foot’ and not the ‘Brain.’ Since the convictions and incarceration of; (i) ‘former Corporal of Police, Alex ‘Big Foot’ Thomas 39,’ who seemingly allowed his ‘Foot’ to influence an attempt at pulling off an ill-advised, but adventurous night-time city-robbery’ at ‘Paradise Casino’ [ABS Tv: April 4, 2014].
DAY-BREAK RAID
Then in more recent times, few other incidents involving ‘Law enforcers’ may have surprised the populace. That which may not have been seen as shocking, may have been the spectacular day-break raid on a remote farm in the ‘Browne’s Bay’ area. The ‘Day-Break Raiders,’ (i) ‘Corporal Marcus Isadore 43; and (ii) Police Constable, Peter Lugay 23,’ have allegedly done the unexpected and unthinkable. The duo allegedly held two males in dense vegetation at gunpoint. With allegations of threats of other courses of action, they allegedly pistol-whipped them into submission. Then dispossessed them of a large quantity of a ‘Vegetable Substance (Cannabis-29lbs)’ [February 2017].
SEVERE PENALTIES
For his conviction of ‘Attempted Aggravated Robbery,’ and those allegedly committed by the two other criminal convicts, the respective ‘Trial Judges’ dropped upon; (i) ‘Corporal Thomas’ and his ‘Big Foot’ a ‘23-year Jail Sentence; while (ii) For their convictions of; (a) ‘Kidnapping: (b) Gun-butted Assault; (c) Corruption; and (d) Misbehavior in Public office,’ Corporal Marcus Isadore’ was slapped with a ‘Severe Penalty of EC$80, 000’ and a 5-year vacation; while (iii) Police Constable Peter Lugay,’ was slapped with EC$30, 000,’ as well as a short ‘2-year-period away from the rest of society. Both were institutionalized at the then/now, ‘Her/His Majesty’s Prison (HMP)’ to cogitate [ANR/Real News: May 9, 2022].
PROSECUTORIAL CONSEQUENCES
Both Law enforcers appeared reckless, not to have foreseen looming ‘Prosecutorial Consequences’ of; (a) ‘The imposition of a hefty fine; and (b) A lengthy custodial sentences that may have reverberated across the nation.’ These will have been borne out, when at trial at the ‘Criminal Assizes’ for; (i) ‘Attempted Robbery; (ii) Kidnapping; (iii) Assault; and (iv) Misbehavior in Public office,’ before mixed-Juries. The ‘Jury,’ satisfied with the evidence adduced, and dissatisfied with the behavior and the several acts of criminality, had been unanimous in returning ‘Verdicts of Guilty.’ The three convicted criminals were accorded institutionalized residency.
BIG FOOT CONVICTION
For his conviction of ‘Attempted Aggravated Robbery,’ and those allegedly committed by the two other criminal convicts, the respective ‘Trial Judges’ dropped upon; (i) ‘Corporal Thomas’ and his ‘Big Foot,’ a ‘23-year Jail Sentence; while (ii) For their convictions of; (a) ‘Kidnapping: (b) Gun-butted Assault; (c) Corruption; and (d) Misbehavior in Public office,’ Corporal Marcus Isadore’ was slapped with a decent – Revenue Fine of EC$80, 000’ and a 5-year vacation; while (iii) Police Constable Peter Lugay,’ follower, was slapped with EC$30, 000, and a ‘2-year-banishment from the rest of society. Both were dropped off to cogitate at the then/now, ‘Her/His Majesty’s Prison (HMP)’ [ANR/Real News: May 9, 2022].
PHILOSOPHICAL VIEW- ‘NECESSITY’
Down through the pages of history, humans had done everything to acquire substantial wealth. Thus, in every sphere of life, man has done the unthinkable in acquiring ‘Money.’ This may have been understood by the reading of the ‘Holy Scriptures.’ The ‘Cardinal Sin,’ being that of ‘Judas Iscariot.’ Irrespective of nature and gravity, none may deny there are always looming consequences for acts of criminality. The philosophical view of world-renowned social commentator, ‘Slinger Francisco, ‘Mighty Sparrow,’ has been, and irrefutably so; that which is a ‘Necessity’ to man, there is no Law’ [Song: Honesty: YouTube].
ACQUISITION AND POSSESSION
It has been a universally accepted as an absolute financial necessity in human life and affairs. Members of society shall know that outside of human greed, humans have done that which they have considered necessity, and not necessarily that which brings pain or peril. On the issue of the ‘Acquisition and Possession’ of ‘Money,’ there comes a time when law enforcers have raised the fundamental questions of; (i) ‘Legitimacy; and (ii) Lawfulness.’ Invariably, the indigent citizens, not only appear always to have been under the radar of law enforcers, but also hounding.’ Be that as it may, none may deny its monetary value and usage for human needs and survivability.
ORGANIZATIONAL THIEVERY
Universally, not only depraved and roguish behavior was well known among a small minority of law enforcers, but also ‘Organizational Thievery,’ had become somewhat endemic. This was when, inferentially, Police administrators were seen to have created an environment, and haven for those prone to committing internal disciplinary indiscretions or condoned external acts of criminality. The shocking and unnerving social media revelation of the disappearance of a large sum of ‘Seized Tainted Money,’ said to have amounted to; ‘Twenty-One Thousand ‘EC/US-$$$ …???’ from the ‘Police Department, has placed the presumed innocent ‘Woman Police Constable, Lenia Thomas’ under administrative and public scrutiny.
INVESTIGATIVE DIRECTION
In the peculiar case of, and horrifying experiences of ‘Woman Police Constable Lenia Thomas 33,’ she not only appeared to have been left in quandary and purgatory, but also in a state of agony and uncertainty. While she may also be seen as facing disciplinary jeopardy for her ‘Unaccountability’ of some EC$18, 000; and US$1, 500,’ thorough investigation may show she was not the thief.’ Those with professional knowledge shall know that property seized in connection with criminal activities, shall be deposited with the ‘Custodian of Police Exhibits. Such shall be held for ‘Safe Keeping,’ until the ‘Fixtured Date’ s’ for; (a) ‘Criminal trials; or (b) Forfeiture hearings come up.’ This paragraph seeks to influence ‘an Investigative Direction’ that shall pass within the limits of the ‘Prosecution Unit.’
TRIAL DELAY
The lengthy adjournment appeared to have created confusion in her mind, and fear and anxiety in the heart of the arresting officer. Given a ‘Fixtured Trial Date,’ the non-production of the ‘Monetary Exhibit’ was said to have forced further trial delay. She appeared immediately dementia-stricken, as she appeared not mentally-collected as to whether or not, she had retrieved the suspected and ‘Seized Tainted Money’ from the Police Court Prosecutor,’ on the first Court appearance. This shall not have been troubling if she did not.
CUSTODIAN OF EXHIBITS
The ‘Police Prosecutor’ that had ‘Actual Custody,’ has a triple responsibility;’ (i) ‘Ensuring its return to the possession of the arresting officers; or (ii) Ensuring its safety, while maintaining ‘Chain of Custody;’ or (ii) Ensuring that it is returned to the ‘Custodian of Police Exhibits.’ Such Prosecutor shall be considered ‘grossly reckless’ not to have ensured its security. While those seemingly starved for knowledge, possession of large sums of money has not been defined, neither in the ‘Proceeds of Crime Act’ as a criminal offence. As much as there shall be time for; (a) ‘Dancing to the African song ‘Jerusalema; and (b) Hiking in the hills overlooking Falmouth Harbor,’ there shall still be time for personnel to acquaint themselves with the Laws of ‘Antigua and Barbuda.’
VICTIM OF IGNORANCE
Clearly, those unacquainted with these provisions, ‘Run the Risk’ of having ‘Monies’ disappeared without trace. The possibilities exist for this to occur, either (i) ‘During movement to the Court at trial; or (ii) From ‘Custodian of Police Exhibits.’ From a professional and investigative perspective, the ‘female Police Constable Lenia Thomas,’ apparent lack of procedural knowledge, suggested that she may have been a ‘Victim of Ignorance.’ Thus, unknowingly, such ‘Ignorance’ may have been exploited by her colleagues of superior ranking.
HER INNOCENCE
That which was revealed by colleagues speaks to ‘Her Innocence.’ Yet inescapably, it has tarnished a character said to be of presumptive impeccability. The two sums of money, said to have been suspected to have been the ‘Proceeds of Crime,’ were to have been produced to be tendered in evidence [ANR: August 28, 2023]. The ‘Monies,’ reportedly seized from the owner/possessor ‘Kimani Deandre Donawa,’ were duly recorded in the ‘Register of Police Exhibits.’ Incidentally, the record reportedly showed one movement, presumably to the ‘Magistrate’s Court.’ The Defendant, arrested on drug-related offences of possessing some ’29lbs of the-controlled drug- ‘Cannabis’ [February 10, 2020], reportedly appeared before ‘District Magistrate, Nagio Emanuel’ [February 12, 2020].
PERILS OF FINGER
The membership of all Police Services,’ exists in an environment, fraught with character assassin and ‘Reputational Danger.’ Such dangers often seem to have outnumbered those posed at sea, or in a much safer environment of swimming pools. The members in the wider societal environment, run the risk of, inter alia: (a) ‘Image and reputational damage; and (b) Being subjected to inescapable public ridicule.’ Likened to the citizenry, ‘Law enforcers’ are constantly challenged by ‘Trials and Temptations.’ Relate these to seized citizen property, intended to be tendered in criminal proceedings, as ‘Police Exhibits,’ without proper control mechanisms, particularly for ‘Periodic Auditing,’ such property, including ‘Money,’ would always be exposed to the ‘Perils of the Fingers.’
CRIMINAL EXPLOITS
It was well known that through illegitimate means, many have succeeded, as well as many have failed and jailed for their adventurism and ‘Criminal Exploits.’ Those of Law enforcers had often made good news. While society often attributed blame to human indiscretions, and attendant evils, still, none may overlook the words human needs and greed. The same is true of depraved ‘law enforcers. In whichever the jurisdictions, no ‘Police Administrator’ shall cause the citizenry to feel dissatisfied, with the organizational behavior; nor that perceived as a sub-culture. Those tasked with responsibility for the ‘Protection and Service’ to the citizenry and nation, shall never be perceived as being in want of superintendence and behavioral and operational supervision.
CRAVING FOR MONEY
While there may be no scientific linkage between humans and ‘Money,’ human needs have determined its value to humanity. Narrowed down to the individual, there has long been a ‘Craving for Money.’ This, scripturally was well-established. This was when ‘Judas Iscariot,’ brazenly and treacherously caused the indignities of flogging and torment of ‘Crucifixion’ to be visited upon ‘Jesus Christ.’ He, irresistibly suffered, and gave up the ‘Ghost’ peacefully on the ‘Wooden Cross’ [Mark: 15: 21]. Today, humans have not only become more barbarous and treacherous to each other, but also more brutal, injurious and deadly over ‘Money.;
SURVIVAL STRATEGIES
It was the experience that for many reasons, the well-known adverse social conditions, lack of opportunities for gainful employment has forced humans to do the unthinkable. The sociologists have determined that legitimate or illegitimate, humans are most likely to use their skills in divers’ ways. The sociologists have described this as; ‘Survival Strategies.’ Invariably, such ‘Strategies’ were known to have negatively impacted the well-being of society. Frequently, there were reports of; (a) ‘Robbery: (b) Thievery; (c) Skullduggery; and (d) Treachery.’
TAINTED PROPERTY: MONEY
Research has revealed that Law enforcers have been fiddling with ‘Evidential Exhibits,’ and have not been subjected to criminal penalties. When large sums of ‘Money’ were reported stolen from within the Police Service,’ petty thieves have always found it troubling. The almost valueless items pilfered, more out of necessity, than of habitual acts of criminality, had often landed most in the penitentiary. It was revealed that between the ‘Years 2017 and 2023,’ some ‘Forty-one Thousand US/EC$$$’ of suspected ‘Tainted Property’ remains unaccounted for, within the Police Service.’ That which appears most troubling has been the deafening silence on these developments.
SEARCH AND SEIZURE
Firstly, when it was reported that some ‘EC$20, 000 +,’ then suspected to have been; (a) ‘The Proceeds of Crime; and/or (b) Money Laundering,’ former ‘Commissioner of Police, Wendell Robinson,’ unhesitatingly offered confirmation to the media of its unaccountability’ [ANR: August 5, 2017]. The money, then deposited at the ‘Criminal Records office (CRO),’ was said to have resulted from a ‘Police Search and Seizure.’
TRANSPARENCY AND ACCOUNTABILITY
Mindful of; (i) ‘Public interest; (ii) Public trust; (iii) ‘Transparency; (iv) Accountability; and (v) Integrity in Public Life,’ the media reported that the ‘Money’ was not so ‘Tainted.’ The ‘Commissioner,’ satisfied that it was legitimately acquired and lawfully possessed, was the property of a bona fide ‘Contractor.’ The money reportedly slipped out of the ‘Exhibit Room’ and the ‘Actual Possession of the ‘Custodian of Police Exhibits.’ He assured that the incident was to be criminally investigated.
CORRUPT COLLEAGUES
The recent troubling developments within the ‘Police Service,’ speak to a combination of certain environmental and influential factors. Though ‘Woman Police Constable Lenia Thomas,’ has suffered no indignities of that of some ‘14-innocent teachers at the All-Saints’ Secondary School (ASSS),’ the unaccountability of some ‘EC$21, 000’ shall have given her very good reasons to believe that had been dealing with ‘Roguish/Corrupt Colleagues.’ As news circulated on social media and among organizational colleagues, she must know that both her ‘honesty and character would not only be subjected to official and public scrutiny, but herself in disciplinary and criminal jeopardy.
MAJOR DRUG-RELATED CASE
Researched data suggests that, ‘Police Constable Lenia Thomas,’ may have been considered a ‘Rookie Constable’ when she was assigned a ‘Major Drug-related and Proceeds of Crime Cases.’ The ‘Constable; (a) Born July 6, 1990; (b) Enlisted into the Police Service-July 16, 2016; (c) Underwent the basic 6-month-course of Law enforcement training; (d) Seemingly assigned or have foisted upon her, the first ‘Major Drug/Proceeds of Crime Case’ [February 10, 2020; (e) Made seizure of; (i) A significant quantity of a controlled vegetable substance- 29lbs Cannabis; and (ii) Large sum of ‘Money-’ EC$ 18, 000; and US$1, 500.’ Now assigned to the ‘Sir Wright F. George Police Training Academy,’ as ‘Clerical Assistant,’ may have given reasons to the organizational membership of an assignment of questionable administrative motive or intention.
ON-THE-JOB-TRAINING
Modern training techniques necessitated certain approach as it relate to ‘On-the-Job-Training.’ She may also have been tasked with handling a case not only for criminal prosecutions, but also for ‘Forfeiture proceedings.’ She, was said to have taken her work very seriously. She had reportedly shown as much courage, as she had shown great enthusiasm. Led on a drug-interdiction operation, her supervisors may have; (a) ‘Unsuspectingly taken advantage of her innocence; and (b) Exploited her ignorance to the detriment of her trustworthiness, character and integrity.’
MEDIOCRITY OR NON-EFFICIENCY
From a professional and operational perspective, it may have been anything, but; (a) ‘Merit: (b) Ability; and (c) integrity,’ that this ‘Rookie Female Police Constable,’ with service that appeared marginally over ‘3 years’ would have been so proficient and so acquainted with the ‘Proceeds of Crime Act.’ She appeared to have undertaken that which her superiors may have shirked. This was opposed to the ‘Long Serving’ members, particularly, those of the ‘Gazetted Rank.’ Those of such rank, also includes the ‘Police High Command,’ that clearly appeared to have been embarrassingly positioned by the ‘PSC,’ either for ‘Mediocrity or Non-efficiency.’ The enactment provides for enforcement and procedural guidance. Fearing no contradictions, most officers lacked the capacity to have guided her.
OPPORTUNITY FOR ADVANCEMENT
If only some members on that august constitutional body, if not the ‘Holy Scriptures,’ the constitutional principle that states; ‘There should be ‘Opportunity for Advancement’ as contained in the ‘Constitution Order.’ The criterion sets out are that it shall be on the basis of; (a) Recognition of merit; (c) Ability; and Integrity’ [CO: 1981: Principle: ‘B’]. That which may have been seen as vexing, was that several officers that were seen lined-up for photo session with ‘Governor General, His Excellency, Sir Rodney Errey Williams KGN, MBBS’ for ‘Long Service Medals,’ have not the slightest clue of that undertook by the ‘Woman Police Constable’ [Observer Media: September 6, 2018: November 5, 2021]. She shall be, considered and awarded one for ‘Meritorious Service.’
ENDURE AND PERSEVERE
Most of these officers will have been so demoralized, disappointed, despondent and dispirited. Yet for reasons of; (i) ‘Patriotism; (ii) Commitment;(iii) Loyalty; and (iv) Devotion to duty,’ they continue to ‘Endure and Persevere. Most with a passion and resolve to faithfully serve the nation and citizenry. According to ‘Scriptural Teachings,’ many have been serving in the ‘Police Service,’ since ‘Judas Iscariot’ heartlessly ate his last supper and kissed ‘Jesus Christ.’ Through an act of treachery, he reportedly received monetary value of ’30-pieces of Silver,’ and caused him pain and suffering and ultimately death [KJV: Matthew 26: 14].
MYSTERIOUS DISAPPEARANCE
Given two recent developments that speak to the ‘Mysterious Disappearance’ of two large sums of ‘Monies,’ officers now seizing suspected ‘Tainted Money’ may now be at serious risk depositing such ‘Monies’ into the ‘Strictly off-limit Police Exhibits Room.’ Lest the imagination may be insidiously moved to be stretched beyond the limit of open-mindedness, or the mind drifts into a mode that speaks to ‘Iniquitous Thinking,’ this female ‘Police officer’ is virtually unknown to the author. Dedicated to the reading interest of general public, and to the knowledge of other ‘Potential Victims’ in service with the ‘Royal Police Force of Antigua and Barbuda.’
EXPLOITED IGNORANCE
Procedurally, she shall have; (i) ‘Made Court appearances before the District Magistrate with the Defendant and seizures [February 12, 2020: and (ii) Applied for, and obtained ‘Detention (Seizure) Order’ [February 15, 2020]. It is true that swimmers have never ‘swam on the beach.’ Speaking to ‘On -The-Job-Training,’ it was obvious that being starved for professional knowledge and practical experience, supervisors may have ‘Exploited her Ignorance.’ The ‘Search and Seizure,’ not only speak to knowledge of procedures, but also of the Law. With reasonable understanding, the procedures might be easily discerned.
FUNDAMENTAL DUTY
It is contained in the ‘Law’ that; ‘As soon as practicable after the execution of the ‘Warrant,’ but within a period of 48 hours thereafter; (i) ‘Law enforcers shall prepare a written Report identifying the property seized; (ii) The location where the property is being detained; and (iii) Forward a Copy of the Report to the Clerk to the ‘District Magistrate’ where the property is being detained.’ It also states; ‘A Magistrate shall, on application, provide a ‘Copy of the Report’ to the person from whom the property was seized’ [Section 29]. They shall know that ‘Property’ of whatever nature and description seized and entrusted to ‘Custodians of Police Exhibits,’ shall be readily available to be adduced in evidence.
See also
UNACCOUNTABILITY OF EC/US $$$
Moreover, where ‘Exhibits’ were not so tendered and admitted in evidence, they shall be restored to the legitimate owners.’ Given the ‘Unaccountability of; EC$18, 000 and US$1, 5000,’ a ‘Commissioner of Police’ shall show that none is above; (i) The criminal law; (ii) The ‘Police Discipline Code.’ Thus, he/she shall move with expedition, demonstrating a firm resolve and decisiveness in addressing such issues. He shall ensure that ‘Disciplinary Tribunals’ shall not be seen as routinely farcical; that roguish behaviors are not tolerated. Neither should the Police high command allow behavior seen as reprehensible, to go unpunished.
RAT-INFESTATION PROBLEM
Extending the research, it led to a conversation with ‘Corporal of Police Jermain Samuel.’ There was a time when the ‘City of St. John’s’ was said to have been over-infested by a brazen invasive species of ‘Rats.’ Bringing awareness and sensitizing; (a) ‘City residents; (b) Business operators; (c) Health officials; and (d) former Commissioner of Police, Wendell Robinson,’ the now ‘Law-degreed 21-year-veteran Police officer and social commentator, alerted the entire nation of the ‘Rat-infestation.’ They had invaded the penitentiary; printery’ [September 2007].
CITY RATS: THIEF LIKE MAN
These ‘Rats’ were not only ‘Big,’ vicious; and violent, but also ‘Thief’ like Man.’ For instance, there were complaints by inmates and prison-reform activist ‘Jessica Thompson’ that they had invaded the penitentiary, gnawing at the toes and fingers of prisoners incarcerated for stealing from members of the society. Then they had reportedly gnawed the wire insulation of the ‘Printing Press, forcing temporary closure. Then a ‘Police Constable, Jermain Samuel’ performed a ‘Rat Song.’ This was to the amusement of his colleagues and entertainment of scores of fans and patrons. Little the ‘Singing Police officer,’ knew that the ‘City Rats’ would have infected members of the ‘Police Service,’ particularly those with an insatiable craving for ‘Money.’
MONETARY EXHIBIT- ‘EC$20, 000+’
It came to light in ‘2017’ that a large sum of money was seizure from a ‘Contractor.’ The destructive ‘Rats’ that invaded the ‘Penitentiary and Printery,’ also invaded ‘Criminal Records Office (CRO). It was not sure if ‘Big Foot’ had hinted them, but some ‘Monetary Exhibit of EC$20,00+,’ seized as ‘Proceeds of Crime’ and deposited with the ‘Custodian of Police Exhibits,’ could not have been accessed by the investigator. From research, it appeared that the sum of ‘Money’ may have sneaked out from the ‘Safety Vault’ long before then ‘Commissioner of Police Wendell Robinson’s’ reportedly took certain ‘Non-Forfeiture Decision.’
NON-FORFEITURE DECISION
That was when he ordered that the ‘Contractors Money’ shall be restored to him. He was satisfied of three things; (i) ‘It was not Tainted: (ii) Not the Proceeds of Crime; (iii) Legitimately acquired; and (iv) Lawfully possessed.’ Those with large un-deposited sums of ‘Money,’ shall always be mindful of these. Man-size ‘City Rats’ reportedly made claim to ownership. Giving assurance to the media, he informed that internal investigation would have been launched’ [Real News? ANR: August 5, 2017]. During his troubled tenure, adversities struck. These necessitated the institution of litigious proceedings Some six (6) years later, an apparent different species of ‘Money Rats,’ would not be outdone.’
SINGING SUDDEN
The lyrical contents speak to the serious infestation. Then performing for ‘Police Week-2007,’ under the stage name ‘Singing Sudden,’ now widely known for his humorous social commentaries, the 21-year veteran Police officer, did ‘Sing Sudden.’ Quizzed about a future social commentary, he made it clear that ‘Singing Sudden,’ not getting into ‘Nutten’ (vernacular). However, he performed the chorus for the ‘Rat Song,’ singing; ‘There are Rats; Rats; Rats in St. John’s; Some of them big like man; One of them tried to bite off me hand.’ It was not clear what he may have done to that ‘Rat.’ Out of curiosity, when asked if he would sing ‘Sudden’ on the ‘Missing Money,’ he chuckled and said; ‘Now, you want to get ‘Singing Sudden,’ in ah sudden’ (vernacular).
ADMINISTRATIVE/INVESTIGATIVE SCRUTINY
Instructively, ‘Commissioner of Police, Atlee Rodney QPM,’ now appears to be facing difficulties with ‘Man-Size Rats’ within the ‘Criminal Records Office (CRO).’ Research has revealed that some ‘EC$18, 000 and US$1, 500’ remains unaccounted. The unaccountable sums, have resulted in further delay of a criminal trial in which these sums were to be produced and tendered in evidence. The disappearance was said to have been the subject of criminal investigation, a member of the Inspectorate rank. In the face of social media reports that ‘Monies seized as ‘Police Exhibits’ remain unaccounted, there has been no official confirmation or denial.
FIRST INSTANCE FORMALITIES
In the ‘First Instance;’ (a) Having completed packaging and identification formalities; (b) Arresting officers/criminal investigators shall deposit all exhibits to the Custodian. The Custodian then has ‘Actual Possession of the exhibits. When not physical possessed, the arresting officer/criminal investigator only has ‘Constructive Possession.’ The Police Court Prosecutors, tasked with the preparation of the ‘Fixtured Court Cases,’ know what ‘Police Court Exhibits’ that shall be retrieved from the Custodian. These were usually for; (i) ‘Summary trial; or (ii) Committal proceedings; (ii)
SUPERVISORY NEGLIGENCE
Among the difficulties known to have experienced by arresting officers with their ‘Exhibits,’ were usually; (a) ‘Professional ignorance; (b) ‘Supervisory Negligence:’ (c) ‘Inordinate Court Delays.’ These were often compounded by thievery due to corruptible professional ethics and integrity; and (d) Driven and by Police prosecutors, yielding to the Temptations of the Devil.’ It was to the knowledge in criminal investigation, professional investigative training suggests an approach that speaks to ‘everyone as being a possible suspect.’ This was to be narrowed down only by a process of elimination.
DISAPPEARING ACT
Theorizing what may have resulted in the ‘Disappearing Act,’ given the evidential seriousness attached to the security, safety and integrity required by the ‘Chain of Custody,’ the harbored belief among rank-and-file members, was that the ‘EC$18, 000 and US$1, 500,’ was reasonably suspected to have been performed by a ‘Subordinate Police officer (SPO).’ Such designation are those officers holding the ranks; (i) ‘Corporal; (ii) Sergeant; and (iii) Senior Sergeant.’ Procedurally, only the ‘Exhibits Depositor,’ shall retrieve the exhibits needed for the ‘Fixtured Trial Date.’
MOVEMENT OF EXHIBITS
Having so retrieve, the arresting officer/criminal investigator; (i) Takes the Case-related exhibits to the Magistrate’s Court; and (ii) Delivered to the Police Court Prosecutor, in whom ‘Actual Possession is transferred. Should the Case for the prosecution be fully closed and the exhibits have all been; (a) ‘Tendered; (b) Admitted; and (c) Marked’ by the trial Magistrate, the Clerk to the Court then takes ‘Actual Possession of them.’ Where there was no closure of the Prosecution’s Case, and no tendering, admittance and markings took place, the ‘Prosecutor’s duty and responsibility, dictates the immediate return of the exhibits to the arresting officer.
CHAIN OF CUSTODY -ACCOUNTABILITY
Then in maintaining; (i) ‘The ‘Chain of Custody; and (ii) Integrity of the exhibits, the arresting officer returns the exhibits to the ‘Custodian of Police Exhibits’ until the ‘Fixtured Date’ comes up for continuation of the trial. When ‘Exhibits’ disappeared, there are, but two distinct possibilities; (i) ‘When Police prosecutors neglected to return the exhibits to the ‘Actual Possession’ of the arresting officer; and (ii) When ‘Police’ prosecutors became negligent, leaving exhibits unattended on prosecutor’s table, or envelopes with ‘Monetary Exhibits’ are concealed in ‘Criminal Case Files.’
BAWLING FOR MURDER
That which shall never be ruled out, was when unscrupulous prosecutors or office manager and staff going through ‘Case Files’ to ensure that witness statements or copied documents were still enclosed, un-observed, come upon contents that shall have been returned to the ‘Custodian of Police Exhibits.’ From professional knowledge of possession and safety of ‘Polce Exhibits,’ in the ‘Defence Days’ of one of the most revered, yet mischievous attorneys, deceased attorney, ‘John Fuller,’ some prosecutor may have been given reasons to ‘Bawl for Murder.’
STEWARDSHIP AND ACCOUNTABILITY
Then for reasons of prosecutorial ‘Stewardship and Accountability,’ some prosecutor will have been given time off by ‘Commissioner of Police, Sir Wright Fitzhenly George KCN, CVO, QPM, CPM,’ to wend their way, either to the ‘Police Credit Union’ or a ‘City Bank’ in discharging their professional responsibility. Research has revealed that trial of two drug-related offences, has been long pending before ‘Her Worship, Magistrate Nagio Emanuel’ at the ‘District ‘B’ Magistrate’s Court.’ Such Court has apparent full-time ‘Tenancy Status’ at the ‘Antigua and Barbuda Transport Board (ABTB) Headquarters’ [Herberts].
QUESTION OF DISHONESTY
That which shall be factored for certain developments, may not only have been the serious ‘Questions of; (a) Supervision; but also (b) Innate behavioral Dishonesty.’ In the instant Case, a possible contributory factor, may have been the disruption caused by ‘Corona Virus-19 Pandemic’ that has resulted in the lengthy adjournment that may have militated against expeditious trial. Given the procedures then obtained, whenever there was a date for trial in Cases involving ‘Exhibits of whatever nature, only the incompetent and inefficient ‘Police Prosecutors’ may not firstly, check the ‘Listed Exhibits’ as shall have been provided in the inner side of the related ‘Case File.’ Where this becomes evident, such ‘inefficiency’ shall not be allowed to infect others.
CONCLUSION
Though not necessarily casting aspersion, and if so thought, this is intended only to keep ‘Sticky Fingers’ off ‘Police Exhibits.’ That which shall be said, is that ‘Exhibits’ could have been returned to the ‘Custodian of Police Exhibits,’ who physically accepted them, but might be negligent in posting the ‘Exhibits Register’ up-to-date.’ It shall not be seen that when preparing for ‘Criminal Trials,’ only a ‘Prosecutorial Thief,’ would deny seeing or receiving from the arresting officer, tenderable ‘Monetary Exhibits.’ Should an arresting officer be absent from the precinct of the Court, and not retrieve his/her ‘Exhibits,’ it would not only be considered irresponsible, but also reckless and grossly negligent for a ‘Police Prosecutor’ to leave whatever form of ‘Exhibits’ placed in his/her ‘Actual Possession,’ or entrusted to him/her. SOLUTIONS: A Commissioner of Police may now seek to review that which currently obtains at: (a) The office of the Custodian of Police Exhibits; (b) At the Magistrate’s Court when Police prosecutors are entrusted with the various items of ‘Exhibits: (c) Cause Police Prosecutors to make use of an ‘Exhibit Register; and most importantly (d) Immediately initiate a periodic ‘Visitational Audits’ of both Exhibit Registers.
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