Political meddling out of control
-PNCR tells Disciplined Forces Commission
By Andre Haynes
Stabroek News
September 30, 2003
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The PNCR says political interference in the police force has gone far beyond what is outlined in the law, undermining its independence and effectiveness.
“The time has come for a restatement of the principles of law and good management that govern the relationship between the police force and the political policymaker,” the party said in its submissions to the Disciplined Forces Commission.
The Commission has been set up by Parliament to review the disciplined forces with special focus on the Guyana Police Force, on which it will submit a report of its findings and recommendations.
Justice of Appeal Ian Chang chairs the commission which is composed of former Attorney-General Charles Ramson, SC, former National Security Advisor, Brigadier (rtd) David Granger, attorney Anil Nandlall and Irish human rights activist Maggie Beirne.
Testifying before the commission yesterday, PNCR MP Deborah Backer said policemen received instructions nearly every day from politicians who asked for arrests, releases, bail or no bail.
She cited the Police Act Chapter 16:01 which says that it is the Commissioner of Police who is responsible for the command and superintendence of the force, albeit subject to the general orders and directions of the Home Affairs Minister. He is also responsible to the Minister for peace and good order throughout the country and the efficient administration and governance of the force.
“It is obvious (that) responsibility lies exclusively with the Commissioner, who it says is subject to general command...,” Backer considered. But she said this was not what went on and proceeded to give numerous examples.
She said TV talk show host CN Sharma was attacked in January 2002. Two of his attackers were arrested but later released after a phone call was made by a politician.
“Policemen tell us, `Counsel, you know how things are. We got instructions.’ The DFC could ask `why don’t you take affidavits from these people?’ But which policeman is going to give a sworn affidavit that he got an order from a political source?”
In Albion in 2001 a group of protestors tried to burn down the police station whose officers they accused of failing to give them the kind of security they felt they deserved.
Backer said what happened afterward was political interference at its highest.
“The President travelled to Albion. But when he gets there he promises that he would have the policemen transferred and he undertook to arm the policing group... Pursuant to the undertaking by the President the ranks were transferred...”
The Guyana Defence Force recommended Captain David Clarke (who was in charge of the first troops deployed to Buxton) for a promotion. The President objected and his name was struck off the list. He was later recommended for a nine-month overseas training course but was recalled after the army received instructions. Backer said inferences could be made between these actions and the fact that the President publicly indicated he was unhappy with the army’s performance on the East Coast.
`B’ Divison Commander, assistant Commissioner Paul Slowe was asked to apologise to the Minister of Home Affairs for not obeying a direct order. He refused and an attempt was made to relieve him of his position and reassign him.
“Here is a senior police officer being punished by the political directorate because he had not obeyed an unfair directive... A clearer case of political interference would be difficult to find.”
Backer considered that “political interference in any entity is not the easiest thing to prove... [but] this is just the tip of the iceberg...”
It is the party’s belief that political interference in the police force starts from the top with the acting Commissioner Floyd McDonald, who the party says is beholden to the government for his stay in office past the age of retirement.
“Having a Commissioner of Police who has passed the age of retirement... allows the political directorate to exert undue influence and control on the holder of the office as he knows that at any moment the guillotine could be dropped. Hence he panders to the requests and directives of the politician to stay in the position indefinitely.”
“Who would have more reason to be independent?” Justice Chang asked, “...The Commissioner is the top position. There is nowhere else to go. All things being equal, the man who has nowhere further to go has more reason to be more independent...But [Commissioner designate Winston] Felix would have aspirations and that could make him less independent.”
“McDonald realises his job is on the line so he toes the line... We don’t agree with your reasoning sir, with the greatest of respect,” Backer responded.
She also spoke about the killings of policemen which the party believes were in some cases acts of retribution by members of society who felt wronged; and in other instances, the result of illegal dealings gone sour. The party considers that most of the policemen murdered over the last year were innocents paying for the actions of the guilty who had victimised society. But she said they still believed that the force could restore its relationship and image with the citizenry by becoming more involved in communities. Otherwise, she said, they would continue to face an uphill battle.