Kartel juror Livingston Cain in a queue waiting to be searched to enter the Corporate Area Resident Magistrate’s Court in Half Way Tree Friday morning. Cain made every possible attempt to avoid being captured on camera by photographers at the scene. (Photo: Paul Henry)
KINGSTON, Jamaica — Embattled juror in the Vybz Kartel murder trial, Livingston Cain, is to return to court on April 24. Cain appeared in the Corporate Area Resident Magistrate’s Court on Friday, March 28 to answer to bribery charges. He is accused of offering the jury foreman in the Kartel murder trial $500,000 for a not-guilty verdict. It is also alleged that Cain told another juror that he would “take care of him” if he returned a not-guilty verdict as well. Cain was the only juror to vote not guilty in the conviction of Vybz Kartel, Shaw ‘Shawn Storm’ Campbell, Andre St John, and Kahira Jones. A fifth man, Shane Williams, was acquitted. http://www.jamaicaobserver.com/latestnews/Kartel-juror-returns-to-court-on-April-24
From the offset the odds of justice being served in the Kern Spencer criminal trial was next to zero. Yet despite the odds many Jamaicans including myself, hoped that maybe this time , just this once, a Jamaican politician would be held accountable for just the second time in our history. Kern Spencer walked out of Senior Resident Magistrate Judith Pusey’s Court-room, a free man ‚our hopes dashed , it was not to be.
Kern SpencerColeen Wright
In retrospect I ask myself “what was your hope based on”? There was hardly any precedent in support of that hope. In fact, only one Politician, JAG Smith, former Labor Minister in a 1980’s JLP Administration was ever sent to prison for stealing Farm Workers hard-earned savings. Had he cooperated and paid back the money it would have been swept under the rug and he would not have gone to prison. Ironically it was Portia Simpson Miller the current Prime Minister, then Minister of Labor ‚who pushed for the investigations. This 1990 SUNSENTINELREPORT provides details on the scheme. http://articles.sun-sentinel.com/1990 – 04-01/business/9002010438_1_farm-worker-program-foreign-guest-workers-bank-accounts.
Resident Magistrate Judith Pusey’s decision to dispose of the case by way of Defense’s No case submission motion, smack of arrogance and bravado. I believe her actions have been the most egregious I have ever seen coming from the bench in Jamaica. It smells like a smack-down of chief Prosecutor Paula Llewellyn, I get the last laugh. I know Jamaica is corrupt to the core, but this is the most galling I have ever seen. It is a sad day for our country, particularly when the verdict of dance-hall Disc Jockey Adijia Palmer o/c Vybez Kartel was Guilty. It further cements the popularly-held belief that the laws do not apply to those with political power.
SEQUENCEOFEVENTS.
1] The Cuban Government donated a quantity of energy-saving light bulbs to the Jamaican people. Four million light bulbs were to be distributed to residents and the project was handed to Spencer who was Junior Energy Minister. Spencer along with his former personal assistant, Coleen Wright was freed on Monday by Senior Resident Magistrate Judith Pusey in the Corporate Area Criminal Court, of the charges of corruption and money laundering.
2] The project was implemented in July 2006. Allegations of irregularities in the project were leveled against Spencer in Parliament in November 2007 by then Energy Minister Clive Mullings, who asked the auditor-general and the contractor-general to probe the matter Clive Mullings, told Parliament that $114 million was improperly spent on the distribution of four million energy-saving light bulbs donated by the Cuban Government to the people of Jamaica.
3] In January 2008, the auditor-general reported that about 176,380 of the four million bulbs, costing approximately $92 million, could not be accounted for. There was also an absence of an effective system of budgetary control resulting in the making of payments and the incurring of unpaid obligations of $185.3 million over the approved financial support. On 26 February 2008 Kern Spencer was arrested and slapped with seven charges. He is facing three charges of conspiracy to defraud, one charge for breaching the Prevention of Corruption Act, and three charges for breaching the Money Laundering Act. Spencer spent the night in jail and remained behind bars until he was able to post bail on 29 February 2008.
4] Contractor General Greg Christie released the findings of a probe by his office, which pointed to several breaches of government procurement guidelines and legislative provisions.
5]Spencer, Colleen Wright, his former personal assistant, and businessman Rodney Chin arrested on charges of money laundering, conspiracy to defraud and breaches of the Corruption Prevention Act .The Petroleum Corporation of Jamaica, the state-owned company that financed the light bulb project, announced that Rodney Salmon, its director of administration and corporate secretary, had been relieved of his duties as a result of the light bulb saga. http://jamaica-gleaner.com/latest/article.php?id=51860.
6] April 12, 2010 Prosecutors decided to use Rodney Chin as a witness for the Crown. Chin revealed, under cross-examination by Spencer’s then attorney Patrick Atkinson, that he met with Llewellyn and police investigators at the offices of his attorney in 2009 and was interviewed and notes taken.
7] April 12, 2010 Defence attorneys serve Llewellyn with subpoena to obtain information about what transpired at the meeting. The Magistrate also orders Llewellyn to remain out of court during Chin’s testimony.
8] April 13, 2010 – September 3, 2013 Trial is placed on hold as Llewellyn applies to the Judicial Review Court to quash Pusey’s order . The Judicial Review Court ruled against Pusey. Not satisfied Pusey in an unprecedented move, appealed the decision. The The Appeal Court ruled in favor of the Director of Public Prosecution (DPP.
Critical evidence recovered from an apartment occupied by Coleen Wright was ruled inadmissible by Judith Pusey, even though Wright lied to investigators that she did not have keys to the apartment on her arrival when the police attempted to gain entry to the premises. She handed over the keys only after she was told a locksmith would be called to secure entry for the police. This was given in evidence by Police Investigator Errington Malcolm. During those testimonies Defense attorney KD Knight accused the Prosecution of inefficiency. Retired Deputy Superintendent Errington Malcolm had just completed his testimony about the search of the apartment and was about to be cross-examined by defense attorneys when lead prosecutor Paula Llewellyn informed the court that she intended to recall him to identify the warrant and have it admitted into evidence.
Spencer and Wright with Attorney KD Knight
“I hate inefficiency, especially in the shape and form I am seeing it, Knight exclaimed.“In reference to the DPP’S comments ‚Judith Pusey chimed in, quote: “I feel your pain”. Just one of the many instances when the magistrate exercised contempt for the prosecution and the process. Tragically Jamaica’s Laws are archaic and outdated. The people selected to legislate are themselves criminals, so nothing gets done. On the few days they show up for the horse and pony show in the Parliament, they merely bang on desks and hurl insults at each other. There is no provision in Jamaican Law which gives the prosecutor the power to appeal a decision. In a country as corrupt as Jamaica this creates a breeding ground for more corruption.
No good was done to the Justice system in Jamaica yesterday. The justice system continue to be on trial. It’s no secret I have commented on this case from its inception. There is no secret I predicted that this would be the outcome. Readers of these Blogs may go back and look at the many Articles I have written detailing why Kern Spencer would be set free. As I said in one of my latest comment, what is most egregious about this case, is that a single member of the once esteemed Judiciary, has unilaterally hijacked the process , making a mockery of it. Throughout the process Judith Pusey made it clear that anyone wanting to send Kern Spencer to Prison would have to go through her. Judith Pusey made a mockery of our justice system.
A jubilant Spencer and Wright after being freed by Judith Pusey
We haven’s seen the entirety of the evidence, what we have seen is the posture of this Magistrate. We have heard her utterances, we believe her actions telegraphed the decisions she announced yesterday. Whether there was anything untoward on the part of Judith Pusey in this case that would rise to corruption or serious inappropriate behavior we may never know. What we do know is that Resident Magistrate Judith Pusey gave the Judiciary a horrible black eye .
Rohan ‘Stone’ Reid and Damion ‘Bruno’ Walker were slapped with the sentence by Justice Bertram Morrison in the Home Circuit Court. Walker is to serve 35 years of his sentence before becoming eligible for parole, while Reid was ordered to be paroled after serving 30 years. The men, who are of Kingston addresses, were convicted by a panel of 12 jurors for the home invasion murder of Clive Baker and his common-law wife Camille Daley on the morning of July 11, 2011. The couple was home at 4 Park Lane, off Red Hills Road, with their seven-month-old baby when the men invaded the premises. Baker ran but was chased and shot. Daley was shot several times under her bed with the baby where she attempted to escape the killers. The baby was shot in the hand. http://www.jamaicaobserver.com/news/Two-killers-sent-to-prison_16325521
The trial of Adijia Palmer (o/c)Vybez Kartel has ended with the 11 person jury returning a verdict of Guilty against the accused. The Entertainer has been in jail for over two years pending the outcome of this trial. Palmer was convicted for murdering Clive (Lizard) Williams. The prosecution alleged Williams was killed in a dispute over lost gun/s. Kartel’s Attorneys have indicated they will appeal the guilty verdict, as was to be expected. There is also information coming out of Jamaica that the Director of public Prosecution will be proffering charges against one juror who allegedly approached the jury fore-person with an offer of $200.000 to vote to release the accused. We will talk more about this as more information becomes available.
Kartel and his co-accused Shawn Campbell,Kahira Jones, Andre St John, were all found guilt as charged with the jury finding Shane Williams not guilty. This trial created a buzz , not just in Jamaica but in the Jamaican Diaspora. This was evident on social media, where everyone felt at liberty to let their voices be heard. In these Blogs we argued that this was one of the very first time there has been so much incontrovertible evidence against an accused, yet there was no corpse. It was not the first time an accused was found guilty in a murder case where no body was recovered. This created much hand wringing in social media, those wanting a guilty verdict worried about that fact in the case. Others wanting an acquittal pointed out there is no body,so there is no murder. There has been the usual ignorant behavior from that fringe of the country which defies logic. It seemed that the police were prepared this time. The jury is still out on whether this verdict will result in civil unrest as is customary when anyone from the underworld is placed in custody. That speaks to the moral rot which has taken over our country.
In the end there did not need to be a body. The mountain of circumstantial evidence,including the words of the accused was enough to gain convictions against them.They never quite challenged the evidence put forth by the Prosecution. Reading what happened in the court room daily, I wondered if his celebrity would allow him to wiggle out of what I thought was a slam dunk case. Save and except for some allegations of impropriety by police regarding a cell phone, the defense’s case appeared to be innuendos, trying to cast doubt ‚allegations of a frame up, but never seriously attempting to indict the evidence presented by the state.
Those who wanted an acquittal may want to hold their horses for awhile, in Jamaica anything is possible. The Appeals court still gets to have a say. That court has never seen a verdict it could just leave alone. I have consistently pointed to the Liberalism in Jamaican Judicial system, Jamaican Judges are largely products of the University of the West Indies a well know far left liberal institution. For now however, Jamaicans who are tired of crime and violence may down a cold one and heave a sigh of relief that for once the system worked. The system is badly broken, just not dead yet. Maybe, just maybe, it can be salvaged.
This is not a victory for Clive Lizard Williams who clearly was no Saint. In fact Williams allegedly died because he lost Kartel’s gun. What Williams did, who he robbed or killed with that gun, we may never know. This was a victory for the few Jamaicans who still believe in the value of God and country, hard work and sacrifice , education and the rule of law, decency and honest, good communities and good friends. It is a victory for the Jamaicans who yearn for the innocence of yesteryear, when neighbors looked out for neighbors. When everyone raised everyone’s children, when people were secure in their right to enjoy their country. Whenever, wherever, however, and with whomever they chose. That Jamaica may be only a memory on the distant horizon in the rear-view mirror of time, but for one moment, just once more, these nostalgic Jamaicans may dream of a time when their country was theirs, just this once.….
Allan Douglas a former Colonel of the Jamaica Defense Force wrote a scathing Article in the Jamaica observer criticizing the passage of the new Suppression of Criminal Organisations) Bill. Most of his venom was directed at Opposition Jamaica Labor Party member Delroy Chuck. Now let it be understood , Delroy Chuck is no crime fighter. Chuck is actually a member of that Elitist club who believe crime can be wished away. Notwithstanding, Douglas blasted him for voicing his support for the new piece of legislation designed to help law enforcement rid the country of the scores of murderous gangs terrorizing citizens. It should also be noted that Douglas is presently employed by the Portia Simpson miller Administration. Was this guy speaking as a former professional soldier or as a true orange-lathered member of the PNP cult? I recall it was his party which stood in the way of the security forces in 2010. The PNP voted unitarily not to extend the limited state of emergency after the Tivoli Gardens incursion. We know where they stand on crime! It is troubling nonetheless when people who ought to know better allow political associations and affiliations to color their judgement. It is sad when they put party over country. This is exactly what’s at the heart of this broadside by Allan Douglas.
Here is a synopsis of what Allan Douglas had to say Quote :MP Chuck acknowledged that some private individuals and organisations were concerned about the Bill but failed to say why there were more compelling reasons than the objections raised for passing this piece of legislation. I am sure the member of Parliament is aware of the manner in which members of the Jamaica Constabulary Force (JCF) have conducted themselves under the provisions of the Suppression of Crime Act (1974), which stayed with us for 20 years. Wasn’t it Mr Chuck’s political party that fought for the repeal of that very Act? Isn’t it that very Act that is widely believed to have contributed to the disregard our present-day JCF shows towards citizens’ rights or what the Wolfe Report (1992) described as a ‘suppression of crime culture’?http://www.jamaicaobserver.com/columns/Can-we-really-entrust-the-JCF-with-the-anti-gang-legislation-_16149216
Okay I’m not given to name calling , but this guy is an absolute Jack-ass. Quote : Can we really entrust the JCF with the new anti-gang legislation? Who should we empower with enforcing our laws? I have long argued that one of the greatest impediment to law and order in Jamaica is Elitism. Some people who live above Cross-Roads who benefit from the sacrifice of others . Those who are so far removed from realities on the ground that they pontificate and pretend the crime and terrorism is happening some place else. I wonder whether Douglas ever had to deal with the ferocity of Jamaica’s urban terrorists? Maybe after Douglas graduated from one of the schools which turn out Liberal Elitists they slapped the Colonel Rank on him !! What did he do to earn that Rank. In real military establishments Officers must show that they can command to be a Colonel. If as I suspect Douglas was given that rank for sitting on his ass at Up-Park-Camp, I suggest he leave law enforcement to the real heroes who brave the bullets. I have dodged bullets with many members of the JDF in almost every ghetto in our country. Most were fine men who understood what’s at stake. Douglas should be ashamed to call himself a former soldier. Where was he when the men of 1, 2 and 3JR were side by side with heroic cops, fighting, so he can pontificate about something he knows nothing about? I do not believe Grenada qualifies Douglas to be an authority on crime fighting and terrorism .The question is should Douglas’ broadside be even debated , or should it be seen as the attack of another political hack , unworthy of mention?
Αs Jamaica struggles to bring crime under control, some residents are finally realizing that their safety and security are ultimately their responsibility and as such they have to be proactive in ensuring same. If the Authorities are serious about reducing crime to a minimum, they must launch a media campaign educating citizens on what their responsibilities are. There is no shortage of people who purport to know their rights, but what of their responsibilities as citizens? Usually knowing their rights means a misguided belief that they are somehow immune from law enforcement action. As Jamaica reluctantly move toward becoming a country of laws , it is imperative that citizens are made aware of their responsibilities so they may not only obey the laws, but are less likely to be ensnared by them.
Observer photo:
Recently pockets of people in some crime-ravaged communities have taken the bold steps to march against criminal elements within their communities. This was evident in east and west Kingston recently. This is not new, from time to time various organizations have marched for peace and freedom from crime. What is ultimately needed though, is a sustained coalescence of actions between all stake-holders, including law enforcement agencies that will invariably send a strong message to the criminal underworld that citizens will not tolerate their activities any longer. Over the years community Over-Lords have used demonstration against the police as a potent weapon, as they solidify their control of communities. It is time citizens turn the tables using the very same methods. What is needed from the police now, is less bravado, less empty rhetoric and more leadership. The Police department is top heavy with people who do not earn their pay, it has always been that way, it is time for these people to get up off their lazy asses and go into the communities and stay there. It cannot be that people are scared to report matters to the police anymore because they are afraid of police corruption and being labeled informers. It is time for the stupid dance-hall jargon “informa fi ded” to become a thing of the past.
I wonder where the Inter American Commission on Human Rights and Amnesty International are on these two New Mexico Stories. Recently Jamaican Cops were criticized and lambasted for failing lie detector tests. Amnesty International referred to The Jamaica 2013 Human Rights Report, in which that data supplied by the Jamaica Constabulary Force (JCF) revealed that up to August last year, 95 of the 190 police officers who opted to take lie-detector tests, did not pass or complete the test. Amnesty said it was unable to determine whether Police Commissioner Owen Ellington would discipline those officers who failed the test.
I will continue to post these inconsistencies on the part of Human Rights Agencies regarding police in Jamaica and the developed world. I will also continue to ask why are there two standards regarding policing in the developed and developing world. We will do so even as we decry and condemn any and all instances of police abuse of citizens rights all over the world. Those charged with upholding and ensuring our safety and security cannot be the greatest threats to our safety and security. It should be noted that Polygraph (lie-detector tests are inconclusive and unreliable . That unreliability has rendered them inadmissible in courts of law in the United States and other countries. It must be of concern that a source of information which cannot be admitted in a court of law is being used to decide one’s employment or suitability for advancement.
TAOS, NM — A Tennessee family on vacation in New Mexico ended up being shot at by state troopers after a vehicular moving violation went awry. What’s more, the trooper who opened fire on them is facing no charges, and has many supporters demanding he be put back on the streets with a badge and a gun. Oriana Farrell, 39, of Memphis, is a single mother who was hauling her five children (ages 6 – 16) through the American southwest on a family road-trip. The trip was intended to be an educational experience for her children whom were home-schooled . http://www.policestateusa.com/2014/cop-shoots-at-minivan-full-of-kids/
On October 28, 2013, on a desert highway 1,200 miles from home, the family minivan drew the attention of the New Mexico State Police. Troopers had determined that her minivan had been traveling too fast and pulled the vehicle over to give her a speeding ticket.
As the trial of Dance-Hall performer Adijia Palmer o/c Vybez Kartel winds down, pretty much all the Nations 2.7 Million people living on the Island are anxiously awaiting the verdict. Jamaicans in the diaspora are also tuned in to what appears to be the trial of the decade in Jamaica. I’m not quite sure why there’s so much attention being paid to a bleached-skinned dance hall Dj , when the Kern Spencer trial is still yet to be concluded.
JUSTICESYSTEMONTRIAL !!!
Kartel has already beaten one murder rap, mainly because witnesses refused to show to testify against him. Which brings us to the question of whether the criminal justice system is itself on trial. It is a self perpetuating phenomenon when witnesses are afraid to testify against accused criminals. Criminals are emboldened and naturally becomes more brutish. Police and Prosecutors around the world recognize that depending on eye-witnesses accounts to prosecute murderers, is a fool’s errand. The sole remaining count of murder against Kartel from all accounts should be a pretty easy case to prosecute and prove. But things are not always clear-cut ‚or easy in Jamaica. Even though there has been no real challenge to the text evidence by the defense, the despicable unprofessional actions of members of the police department has seriously jeopardized the case. A critical police witness had to agree to defense grilling that the cell-phone used by the defendant,which was a crucial exhibit in the case was used while it ought to have been locked away.
With murders at all time highs and climbing, the JCF has not shown that it has a clue how to bring the killers of almost 1,600 Jamaicans a year to justice. Courts dockets are clogged and overflowing with cases which will never be prosecuted. This means dangerous criminals will face no consequence for their crimes. The Judges are liberal beyond belief. On the rare occasion in which an accused is found guilty the punishment meted out is usually an affront and insult to the victims involved in the crime.
There has been calls from certain quarters, suggesting that to fix the system court dockets should be purged. Meaning that in cases where witnesses are reluctant to testify , those cases should be purged , thereby relieving the log-jam within the system. On the one hand, it does seem like a good idea. After all keeping them there serves no useful purpose if witnesses will never testify. However on the other, it seem like giving Amnesty and carte-blanch to murderers Rapists and other Felons.The idea of starting afresh is only useful if all the Agencies responsible for the dispensation of Justice are brought up to first world standards. Otherwise throwing out old cases would be embarking on a very slippery slope.(MB)
Conspiracy theories abound. Unsubstantiated allegations of being targeted. Allegations of impropriety. Bringing a former Senior Superintendent of Police, Carl Major, a perennial Prosecution witness, to testify on their behalf. A murder case that has dragged on and on with seemingly no end in sight. If you ask me, the Defense in the Vybz Kartel case seems to hold all the cards. Yet the salient points of the case, i.e., the unequivocal voices on tape discussing killing Lizard Williams, have not been seriously challenged in my estimation. This leads me to conclude that these are all distractions by the defense. Let’s throw some s*** against the wall and see what sticks. This may very well work. In fact, the defense has created so many side-shows that it may be seen as reasonable doubt to a sympathetic, fearful, or corrupted jury.
Add a liberal defense-friendlyjudge (Lennox Campbell) to the mix; conditions are ripe for this defendant to walk. So, how can I make such claims in a jury trial? You may even suggest that it’s not up to the Judge to decide innocence or guilt in a jury trial. You would be wrong. An accused is presumed innocent or guilty based upon a preponderance of the evidence presented to a trier of facts. (Judge or Jury) . The defense has a duty to prove guilt beyond a reasonable doubt. The defendant has no such burden. In fact, the defendant may remain silent and say nary a word; the Prosecution must prove its case. However, the presiding judge must maintain tight control of proceedings, particularly with the types of evidence/exhibits he/she allows in the trial. This must follow strict adherence to existing laws and precedents. Allowing all kinds of distractions into a case may create a sideshow. A sideshow usually gives the appearance of reasonable doubt, resulting in an acquittal for a guilty defendant. On that score, the poppy-show Jamaican Criminal Justice System is living up to its own precedent.
Old Jamaican Proverb (Tek time search an yu wi find ants gut). (Translation)Allow people to talk and they will basically give you a window into their soul, they will tell who they are. I was taught that little nugget by my great Aunt who raised me. May God rest her soul in peace. I took that proverb to heart and used it as a guiding principle in investigations. I found it a valuable tool in interviews. Simply allowing someone to relate a story to you un-interrupted . Once, he/she is finished, ask them to relate the same story again. You will be surprised to see the difference between the two versions of the story which was just related to you. This was a valuable tool for me as a young Detective, it helped me significantly in determining whether a suspect was involved in a particular crime, and if so to what extent.
Today I am no longer in law-enforcement ‚having walked away at the ripe old age of 31. Yet I find that being able to assimilate what people put on social media tells a great deal about who they are. I can’t say I am surprised at the fact that Jamaican people are so supportive of others who are accused or even convicted of the most heinous and depraved crimes, because I’m not. I have had the opportunity to see the worst of the Jamaican people, yes I have also been blessed to see the very best of them as well. I have been to countless murder scenes, I’ve seen the bullet wounds, I’ve seen the machete wounds , I’ve seen the stab wounds. And when your job dictates that you watch corpses being cut open, the barbarism of these endless murders changes you forever.
Yet despite the Thousands of our fellow-men and women who are slaughtered for no apparent good reason, Jamaicans still have not developed an aversion to the carnage. What will it take to sensitize them to the sanctity of life ? How dare anyone take the only life of another? Who is not angered by that, and why? Are we an emotionless soulless sub-human people devoid of feeling , devoid of emotions, that we treat the killing of our neighbors, our brothers and sisters as par for the course? How can a people be so unmoved by such carnage yet conversely find it within them to rationalize and make supplication for the aggressors? It is sickening, it makes me sick to my stomach to read their comments, hear them speak about the accused murderers as victims being set upon by an evil system, with never a word for the innocent victims, most of whom never stood a chance.
Then I stop thinking and it dawns on me, there are killers and those who support them. Then there are the rest of us. “It’s a dog eat dog world now ” my friend told me today.….…. it’s true, It’s a Serengeti. The Lionesses and the Tigers and other beast of prey feast at will on the hapless Wilder-beast, the Zebras and the Gazelles. Maybe it’s divinely ordained that the innocent and the helpless become prey for the strong and powerful . Maybe law-abiding Jamaicans have resigned themselves to being slaughtered and devoured like prey on the Serengeti. There is only one distinction however, Predators on the Serengeti kill in order that they may eat. Killers in Jamaica kill for sport. At this rate it won’t be long before the innocent becomes extinct.
Having done real time in Law-enforcement and having done research in criminology over the years, I have concluded long ago criminals are common cowards. They are predators who prey on those they believe weaker than themselves. Research data shows most crimes are crimes of opportunity. People do things because opportunity presents itself. (1 A woman who leaves her pocket-book on the seat of her car in plain sight, presents an opportunity to someone. Not just to steal her pocket-book , but to cause significant damage to her car.( 2 Premeditated crimes. Crimes which are planned . Crimes orchestrated by predators who plot ways to destroy their prey . (3 Crimes of passion , generally cowardly acts perpetuated by so-called loved ones. In all these categories there is a universal thread of cowardice.
One Jamaican News Paper covering the murder trial of Vybez Kartel naïvely posted the headline .Kartel close to tears. Tears and entreaties , ha , as a former Detective I have seen much of this. After leaving law enforcement I have seen this kind of behavior play out in court-room after court-room across America. When it comes time to pay the piper accused break down in tears. As I have stated time and again, the greatest deterrent to crime is the assurance that criminals will be brought to justice. In Jamaica that sentiment is particularly important, because of the high murder rate. Experts, prognosticators and pundits all opine about what needs to be done to arrest the burgeoning murder rate. I have stated repeatedly, make sure they are brought to justice. Justice means a timely and fair trial, if found guilty the penalty must be severe.This display by this accused Kartel, is proof positive what most front line cops knew, they are not brave, they are not bad, the real bad-man is the rule of law.
In a plea for his freedom, Vybz Kartel told the 11-member jury in the High Court yesterday that his skin bleaching and tattoos were tools of his trade and asked not to be judged by his appearance. In one of five unsworn statements from the dock by the accused men, Vybz Kartel asked Justice Lennox Campbell and the jurors to separate Vybz Kartel from Adidja Palmer.“My Lord, I bleach my skin and I am heavily tattooed also . My Lord, that is merely superficial, that is the persona of Vybz Kartel, not Adidja Palmer. My Lord, I think you will agree…,” he said. “Who me?” asked Justice Campbell. “Yes, My Lord, sometimes a person can be judged by appearance. My Lord, I am not an alien who came from space and landed on Earth.
Drum Roll, please .….….…And the Oscar goes to Vybz Kartel. What a load of crock. Many have argued that Adidja Palmer is a smart, talented man. I will withhold personal judgment on either. This is Kartel at his vintage best. The liberal Judge Lennox Campbell is being mesmerized by a true Artiste. This Courtroom is Kartel’s stage. The trial Judge, Jury, and others in that room were a mere audience to his mastery. He was awaiting this moment. The moment to woo his audience and mesmerize his subjects is what Kartel does on stage — the allusion to his tattoos, his skin bleaching, and his becoming a victim. The whole talk about being placed on the floor by the police is clearly a brilliant attempt to evoke any negative emotions jury members may have of the Police. Mentioning the actions of a less-than-popular Minister of National Security Minister. All aimed at evoking an emotional response from the Jury.
A brilliant strategy, he and his Attorneys may think. Yet, it is a strategy that shows he has no defense against the charges. This is smoke and mirrors, theatrics, innuendos, and unsubstantiated allegations of impropriety. In a Courtroom where justice is sacrosanct, this display of theatrics can be seen for what it is. Yes, Adidja Palmer and Vybz Kartel would be allowed to say his piece, but at the end of his theatrics, there would be one verdict: “Guilty.“Unfortunately, the few Jamaicans who want justice done must still be nervous and apprehensive. Despite the overwhelming evidence against the accused, the system is so broken that one should not be surprised if they walked. At best, even if convicted, they will probably end up with a slap on the wrist from this particular Liberal Activist acting as presiding Judge. Worse yet, I believe his decision not to throw out the jury once told that there has been tampering will come back to bite both Lennox Campbell and the Prosecution.
People criticize the Jamaica Constabulary Force (JCF) daily. Well-intentioned Jamaicans, as well as yours truly criticize those who criticize the agency when we feel their remarks are unfounded, uninformed, or malicious. Yet I would be hypocritical if I did not acknowledge the glaring problems which continue to define the JCF. This, even as the Agency claims it is re-inventing itself. It appears even the simplest task, is a task too great for the Agency. Let alone the expectation that it operate as a professional and productive entity. The common misconception being promulgated is that if we can fix the JCF crime will be a thing of the past. Those of us who fought in the trenches know better. Yet the JCF continue to add fuel to that fire of mis-information and naïveté, because of its absolute incompetence. The Murder trial of Adijia Palmer o/c Vybes Kartel is front and center in the news, yet it seem the Police are hell-bent on destroying what ought to be an open and shut case against the accused.
Kartel
Deputy Superintendent of Police Vernal Thompson shocked the court during the Vybz Kartel murder trial yesterday when he declared that he was not surprised at certain things that took place in the investigation of the matter because criminals were within the police force.Thompson made the admission, which solicited audible reaction from the jurors and others in the court, while he was being cross-examined by defence attorney Pierre Rogers in the closely watched trial in the Home Circuit Court.http://www.jamaicaobserver.com/news/Senior-cop-shocks-court-with-admission-about-JCF-at-Vybz-Kartel-trial.
This accused has already beaten one murder rap. God knows how many people he may have ordered killed, or may have killed himself. This is probably the best chance the State has of putting this guy away . Despite that the Police department appears to be doing it’s level best, to live up to its reputation as a corrupt irredeemable agency which time is past. One of the first thing a detective learns is never to volunteer information. Neither under examination nor cross-examination. It is imperative not to seek to clarify anything, it is the job of the Prosecutor to do so. If possible answer in (mono-syllables) “Yes, No”. As a detective I saw this many times. Police witnesses depart from these simple rules, jeopardizing criminal cases in the process. Generally these are cops who play secondary or peripheral roles who want to talk the most. As an investigating officer it requires steely resolve to sometime resuscitate your case. The JCF is supposed to be staffed with more educated , intelligent officers. My question to them is what exactly are you educated in? It seem despite the criticisms and howls of condemnations, the JCF is determined to self destruct.
Cop walks up to Cab-driver informs him that there is a summons at the station for him, the officer then walks to the Station retrieved the Summons, returned to the Taxi-stand and served the Summons on the Cab-driver in the presence of his colleague and of course an ever visible phalanx of so-called witnesses . Driver takes the Summons and then threw it from the car. Officers told him he was under arrest upon which he attempted to drive away . The Police made sure he did not drive away ‚he ran from the car, officers chased and caught him.They used pepper-spray and baton to subdue and arrest him. Seem text-book arrest to me.….…
Cabbie allegedly beaten, pepper-sprayed by police.
Not so fast ‚this happened in the town of Mandeville in what is fast becoming a hell-hole ungovernable place called Jamaica ? There were protests from the colleagues of the cab-driver . Of course everyone had a different account of the incident. They claim an arrest was not necessary as their colleague did nothing wrong. I will leave that for you to decide.
So lets look at the facts as they were reported .1) Officer told driver there was a summons at the Station for him , did not attempt to arrest him. 2) The Officer went to the station leaving his college on the scene, retrieved the summons, returned and served it on the accused. Accused promptly threw the Summons from his car. 3) The officer then correctly tells him he is under arrest. He refused to submit to being arrested and attempts to drive away. 4) Officers blocked the path of the car upon which he fled on foot. 5) Officers gave chase and apprehended him, using pepper-spray and baton to complete the arrest.
I will now leave it to you the experts who complain about Jamaican Police to tell me what the Police did wrong. Clearly Jamaica is a country destined to becoming a failed state. I would implore anyone visiting my country to review their options. This country has made the decision to be an ungoverned , ungovernable Serengeti of murder, rape and mayhem.
“There is gonna be, I suppose, a grey area in some instances that a person is acting purely as a civilian who happens to be a member of the force or is acting as a member of the force who is not on duty. I don’t think we could easily attempt to address that through a definition,” Golding said. Said Bunting, “We may need to leave it to the discretion of INDECOM. If it is clear that a man is on vacation and gets into a fight with somebody else…I would not expect that INDECOM would get into that situation but if the man is not rostered for work and while on the streets sees a suspicious act and then intervenes and may have to use his service pistol in that case he is clearly acting as a constable”.“Yes, I would be happy to leave it to INDECOM’s discretion. We have agreed on that,” Golding replied.http://www.jamaicaobserver.com/news/INDECOM-to-also-investigate-incidents-involving-off-duty-police_15917346Mark Golding and Peter Bunting Of course those are not my words! Those are the words of these two Jack-asses, no disrespect to Jack-ass. Jamaica is over-run with crime, one of the ways police have been able to apprehend criminals is by being inconspicuous. Not necessarily under cover , just not in that bright red and black monkey-suit they are forced to wear. Many officers have nabbed criminals travelling in buses or just being in the right place at the right time. Numerous amounts of guns have been removed from the streets. Just last week the Jamaica Observer highlighted one such instance where an officer disarmed a man toting a gun at a wake in St. Thomas http://www.jamaicaobserver.com/news/Alert-policeman-disarms-gunman-with-bare-hands. Every single law enforcement officer who ever served in the JCF have a story to tell of actions they took while off duty. So lets see what is at issue here. Before we do that however lets establish what the Jamaica Constabulary Force Act says as it relates to cops being off duty. A constable is never off duty. In fact the Act is clear, if a crime is committed in the presence of a cop whether on or off duty and he/she does not act he or she will be disciplined. Now INDECOM wants the INDECOM Act clarified, so they may go after cops who act in good faith while supposedly off duty. If you take into account the fact that under PJ Patterson not a single Detective was trained for 10 years and juxtapose that with the crime rate in Jamaica present day, it is clear that this Government of Portia Simpson Miller and her acolytes have determined they want to completely eradicate law enforcement in Jamaica. The hairy-faced primate Mark Golding, who occupies the Justice Ministry, is a known Anti ‑Police antagonist, but Peter Bunting must know better. Terrence Williams (indecom)commissioner. It is incomprehensible that two men who are supposed to act with wisdom could say what they are on record saying.»> Instead of hashing out the minutia of the law ‚with an understanding of the risks officers face , the levels of bravery which goes into the actions officer take, they chose to simply leave the grey area up to the whims and wishes of Terrence Williams. Where is the Police Federation on this ? Where is the Gazetted Rank ? Are they going to sit idly by as total lap-dogs while the men and women under their command take the risks and gets sent to prison for acting in good faith?
Raymond Wilson
It was just last year that Jamaica’s inept National Security Minister said quote :” That Agency has too much power”. Bunting was relating to the broad powers given the neophyte Agency (INDECOM) and it’s Napoleonic Commissioner Terrence Williams. Days later Bunting walked back his comments and signed onto everything (INDECOM) wanted. I asked then, who was behind the campaign to destroy the police force ? I asked why was Bunting forced to toe the line and by whom? Why is Bunting now walking hand in hand with Mark Golding the anti ‑police Justice Minister in this corrupt Simpson Miller Administration? The Jamaican people know that Bunting is out of his league as a minister of national security. Yet I do not believe Bunting is seen as corrupt. On that basis we have to ask Minister Bunting to look at his role in this fiasco, this dismantling of our country cannot go unpunished. This latest action by the government through its agents, sends a clear unequivocal message to criminals, cops will not come after you, if they do, we have people in place to make sure they go to prison. Surely there is an agenda by the PNP to turn Jamaica into a one party socialist state. In fact they have opined that jamaica a pnp country for years. Latest reports indicate they have brought recruiting into the schools. Democratic socialism was soundly rejected as a practical policy direction for Jamaica in 1980. That did not change the ambitions of the Governing PNP they are using back-door means to turn Jamaica into a one party state.They hope to do so while maintaining appearances of a democratic country. Jamaicans need to open their eyes to the goings-on . 1)Calls for a reintroduction of Home ‑Guards.Under Michael Manley home guards were trained and put in place, the police force forced to denigrate into ineffectiveness. 2) Jamaica’s present cozy relationship with Cuba. Under Manley Jamaican men were sent to Cuba to train. These uneducated Jamaicans were trained as killers called (brigidistas)on their return to Jamaica they morphed into a terrorist group which changed the way Jamaicans looked at crime on the Island. 3) The building of zones of political exclusion(garrisons) . This is the perfect way to steal elections. The PNP has used taxpayers funds to build homes to house PNP voters at the expense of the middle-class. Jamaica’s middle-class is now only 18% of the country, with 78% classified as poor . The Prime Minister’s and her party the (PNP) records 105% of the votes in her constituency out of a maximum 100%[sic]. 4)The return to wide-spread un-checked criminality and the demonizing of the security forces, eerily reminiscent of the Manley years. The return of (JEEP) as a pork-barrel tax-payers funded give away to party hacks, it’s the second coming of crash program,https://mikebeckles.com/mywpblog/?p=1860. What made the people think that the policies of the 70’s which decimated the country , setting it back decades, would be better this time around? Manley and his acolytes did the very same thing this dunce is accused of doing, decimate the police, allow crime to rise, give people carte-blanche to do what they want. That strategy has wide appeal to Jamaicans who are largely an ungovernable people. Even after Manley’s destructive attempt at social engineering the stabilizing hand of Edward Seaga ensured the Jamaican dollar was just 4 Jamaican dollars to 1 American dollars by the time he left office. Today the Jamaican dollar trades upward of J$107 to US$1. Where there is no vision the people perish.
The Inter-American Commission on Human Rights is actively engaged in monitoring instances of alleged abuse by Jamaica’s security forces. In fact, their local affiliate (JFJ) Jamaicans for Justice, reports directly to the Commission in Washington DC. The Inter America Commission on Human Rights is not the only Agency with an active interest in allegations of Human Rights in Jamaica. The London-based Amnesty International has large footprints on the Island, as they do in other impoverished countries. The countries which attract the attention of these two major watch-dog groups, are generally poorer nations which have high crime-rates and scarce resources.
American Democracy is a work in progress even though that country has basically existed for over four hundred years. Jamaica, on the other hand, has only existed as an independent nation for 50 years. Smaller countries are far more vulnerable to crime and terrorism, as such they will more likely have instances of official misconduct and mistakes. The reason for these possibilities is generally associated with a lack of funding oversight and structural support.
Large developed nations like Canada, the US, and Britain have the resources and ability to decrease if not end instances of abuse by their law-enforcement operatives. Yet they have not been able to do so. The state of California is the world’s 6th largest economy.The state is home to over 4.000 law enforcement Agencies.http://www.post.ca.gov/le-agencies.aspx, population 39.5 million, that’s about one agency to every 9875.000 Californian. With all the resources available to these agencies across America, there are massive amounts, and ever-increasing evidence of police abuse of citizens including killings. These abuses generally mean young men of color being victimized.
Yet in these instances of abuse, I have never heard a word of condemnation from neither the Inter American Commission on Human Rights nor Amnesty International. Over the years cops in state after state in America, have engaged in the most egregious abuse of citizens imaginable. Yet there is never a single comment from these groups. In many cases, the abuse is so egregious that it is literally impossible to process that cops could be involved in those acts.
♦Justin Volpe, NYPD cop, and his criminal cronies sodomized Abner Louima with a plunger in a police station rest-room.
♦ Amadou Diallo killed like a dog, NYPD renegade cops fired 41 bullets at him,(one man), killing him, he was unarmed.
♦Sean Bell killed in Queens after leaving a party at a night-club, it was his bachelor’s party arranged for him by his friends. Bell was murdered and two of his friends received multiple gunshot wounds. Bell and his friends were all unarmed. He was to be married the same day. They fired 50 bullets at Bell.http://abcnews.go.com/topics/news/sean-bell-shooting.htm
♦Cop ‘Stops And Frisks’ African American Teen, Literally Destroying His Genitals..Http://earhustle411.com/cop-stops-frisks-African-American-teen-literally-destroying-genitals/ With all the law enforcement Agencies the best training and laws to protect them, American cops killed almost 600 citizens in 2012.http://en.wikipedia.org/wiki/List_of_killings_by_law_enforcement_officers_in_the_United_States_2012
I have never heard any Human Rights Agency question even one of these killings. It does not matter how gruesome, it matters not the national outcry. Yet they find themselves deeply engaged in law enforcement encounters in developing countries like Jamaica. The notion that the system is capable of sorting through the evidence to arrive at the correct facts is bogus. Tell that to the thousands of black and Latino families who have seen police kill their loved ones and walk free. In most cases not even with a departmental charge, much less a conviction.
If we are to do justice to human rights, it cannot be selective. We must ask why are the Human Rights Agencies silent on First world killings of people of color, yet are falling over themselves to investigate allegations of abuse in the developing world? Unless we hear and see a change in these Agencies regarding Human Rights Abuse in America, Canada, Britain, and other developed countries, we will be forced to dismiss them. In fact, it is difficult to take them seriously as credible agents of change in light of their record. We must question their agenda.
UPDATE
After George Floyd’s murder by a Minneapolis cop, the entire world awoke to the continued summary lynching of black men by American police. Despite the worldwide outcry neither the Inter American Commission on Human Rights nor Amnesty International was heard from, neither were they seen in the streets with (BLM) Black Lives Matter and other activists. There are no instances in the developed world, or anywhere with any degree of democracy where an agency is allowed to investigate, arrest, and prosecute its own cases.
Promises made to Terrence Williams by the clearly incompetent and out of touch Delroy Chuck should be given zero considerations. There is ample evidence of what INDECOM is capable of, given an out of control demagogic leader with his own agenda. The INDECOM Act has already caused the police to lay off going after the Island’s hundreds of murderous gangs. As a consequence, Jamaica is a much more dangerous place since INDECOM came into existence almost a decade ago. As I have said before if the issue about police misconduct is a lack of timely prosecution the government has an obligation to expand the office of the Director of Public Prosecution and allow properly investigated cases by INDECOM or whomever, to be brought in a timely manner. Jamaica does not need an Agency dedicated to persecuting police officers for doing their jobs. A word of warning is enough for Andrew Holness and Peter Phillips, if you thing crime is crazy now, tinker with that law and give INDECOM more powers than you stupidly already gave them.
Mike Beckles is a former police Detective corporal, businessman, freelance writer, he is a black achiever honoree, and publisher of the blog chatt-a-box.com. He’s also a contributor to several websites. You may subscribe to his blogs free of charge, or subscribe to his Youtube channel @chatt-a-box, for the latest podcast all free to you of course.
Two years ago I wrote a series of short blogs, they were in relationship to events on the ground in Jamaica. Gang warfare was the issue then. At the time Police Commissioner Owen Ellington called on his divisional commanders to come up with strategies to eradicate gang activity from their individual divisions. I thought that was odd, for several reasons, not least of which was that the commissioner wanted divisional heads to come up with their own strategies. It seemed to me at the time that a comprehensive strategy should be developed by the police high command, fine tuned by the departments lawyers and validated by strong legislative support.
Commissioner Owen Ellington
I argued then that the commissioner’s approach would be nothing more than a patchwork of simple raids which will eventually target regular people, while real criminals continue with their crimes. I also argued that this commissioner had no practical knowledge of crime reduction, neither did most of the top commanders within the present JCF. As such I opined that crime would get worse. Since then I don’t believe anyone can honestly say I was wrong in my assessment, or that the Commissioner’s rhetoric has borne any fruit. Just yesterday the Observer chronicled ghastly allegations of mass graves and routine killings by gangs in the eastern part of the country allegedly involving Police officers aligned to the gangs. It would be naïve to believe that there is no truth to these allegations, or that these graves would be confined to any one geographic area of the Island. Over the years Jamaica has become a killing field, no one is safe anywhere in Jamaica anymore.
How did we get here? The politics of both political parties got us here. Two Political parties which are glorified criminal gangs. One better at winning elections, so it control the turf. He who controls the purse strings controls the voters, he who controls the voters controls the purse strings. Why would either party want a professional police department? Over the years the JCF has been populated with boot-lickers. Good competent dedicated officers exited the stage leaving vast openings for criminals and political patrons to fill, and fill it they did. The Constabulary underwent a radical transformation during the régime of Percival Patterson, for a full decade the department was not given the funds to train a single detective. Patterson simply did not care about crime as long as he was able to feather his finical nest, and that of his cronies. The country and police department is still reeling from the effects of the devastation of the Patterson régime.
The Minister of National Security seem to want an end to the crime on one hand . His approach is that the country needs divine intervention. I agree with him yet I understand God will not come down and beg criminals to put their guns down. Criminals must be made to put the guns down, or the state must take the guns from their lifeless hands. On the other hand Minister Bunting says there is no indication crime is spiraling out of control. What? .. Every year close to 1.600 Jamaicans are reported killed , that number does not take into account the many others murdered and their bodies dumped. What is happening in Jamaica is shameful, it is frightening, it is dastardly it reminds us of other places where millions are massacred and no one held responsible. This Government must take responsibility for the thousands of Jamaicans who are murdered every year and no one is held accountable.
It is a monumental fraud to pretend Jamaica is this hospitable place as they trumpet the fact that 2 million people visited in a year. At the same time people are being killed and their bodies dumped in mass graves. This cannot stand, this Prime Minister cannot continue to fly around on the country’s borrowed money, while this is happening on her watch. To say she is incompetent would be disrespectful to the incompetent. This woman by virtue of her being Prime Minister is itself a monumental fraud and a travesty. Yet there is no shortage of apologists willing to see this once pearl of the Caribbean reduced to the standards of sub Saharan Africa. Those of you who believe it can’t happen need to have your heads examined. All of the components are already in place for it to happen . In 2010 we saw for the first time what a defiant militia can do. The entire country is divvied up into turfs ‚each controlled by local low life punks who believe they are Dons. They have no shortage of guns and ammunition, and damn sure no shortage of mercenaries. Sadly it appears some of those mercenaries are ‚members of the security forces. When this issue is looked at in it’s totality it becomes clear that Jamaica is closer to sub Saharan Africa than many of you imagine. continue to pretend , continue to tell yourselves it’s not that bad. keep your heads buried in the sand.
According to the Jamaica Observer a young man who claimed to have been a member of an East Kingston Gang claimed to know where hundreds of people are buried near a river.http://www.jamaicaobserver.com/news/Mass-Burial-Site-Claim_15872832
A stunning claim has been made by a former gang member in the eastern belt of the Jamaica capital, that men in the criminal underworld, often assisted by rogue policemen, have been killing people and burying their bodies in the vicinity of a sand mine. The practice, according to the man, has been going on for “whole heap a years”, and is carried out by individuals who are based between the East Kingston community of Rockfort, and the adjoining Harbour View in East Rural St Andrew. One section of the area in Harbour View called ‘Crusher’, which is said to be a burial ground for some of those executed by gangsters. (PHOTO: MICHAELGORDON)
In light of these developments the much maligned, police department must move quickly to secure the area . The police cannot afford to ignore this story , they must elicit help from relevant agencies to make sure that in the event there is any truth to this story each body exhumed may be properly identified.
It cannot be business as usual , whether this story is true or not , we don’t know, neither does the police hierarchy. As such the area should now be treated as an active crime scene. The Police high command did not act to expel dirty cops, they had time yet they did not. Now they have a indecom breathing down their asses. indecom does not investigate crime it investigates police, the police hierarchy created indecom by default. They can save some face by actively investigating this and putting it to rest .On this one they have no choice they must move now.
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