A Kingston Judge this morning ruled that dance hall DJ Earlan Bartley o/c Alkaline either be charged with a crime by the police or be released by 6.00 pm today.
The police asked the DJ to turn himself in as part of their investigations of the murder of Rohan Morris in Maverley on January 13.
Bartley, has been in custody since Thursday when he reported to the Area Four Headquarters at Harman Barracks in Vineyard Town, accompanied by his lawyer Peter Champagnie.
No one can fault the judge for responding that way in response to the writ of habeas corpus Champanie filed on his behalf.
If I was in lockup without charge I would absolutely be livid.
It is important to note that as part of an investigation the police can ask a member of the public to come in for an interview.
In cases where this is necessary the police should always be polite in requesting that the person come in, even if they have substantive evidence that would necessitate a charge.
There is nothing wrong about asking someone to come in for an interview , even if there is no evidence to charge. Interviewing a wide range of persons is quite normal in order to get to the truth.
If there is no evidence to charge the individual after that initial interview, then the thing to do is to allow the person to go with a thank you for coming in.
This is true even if there is substantial evidence that (1) the person is lying or (2) the person is involved in the crime.
Allowing the person to go is the right thing to do until enough evidence is gathered, unless there is a serious flight risk involved .
If there is a flight risk , then any good detective, within the boundaries of the law, knows the ins and outs of finding ways to ensure that the person is not allowed to flee
My question for the police is this.
“If you ask someone to come in and you do an interview and do not have evidence to charge, why keep the person in custody”?
As it was twenty five years ago the police continue to make the same mistakes today.
That is a lack of supervision, it is also a lack of common sense.
Separate and apart from the judge’s ruling on the habeas corpus application .
The police have got to be more proactive in dealing with criminal investigations.
The Judges are extremely hostile to the prosecutors in Jamaica, they know that. If they don’t then they are even more simple-minded than many people believe.
The mere involvement of certain lawyers in a case ought to tell police how that offender will be handled with kid gloves by judges , regardless of the allegations against them. Peter Champagnie is one such lawyer.
No one need remind the police that many of the judges are in league with the criminal defense lawyers and are actively engaged in releasing murderers and other serious felons back onto the streets for a variety of reasons including monetary reasons.
It is important that the police stop committing these unforced errors which only serves to embolden criminals, while reducing their ow credibility.
Do your job right.
You. Too had a great case then u lost. Common sense at the end. The law state that 72 hours is the extent of detention without charge so the police was in fact breaking the law and should be made to answer but they won’t. Am all for murderers paying but. Yes police must also follow the law
I disagree with your assesment of the article.