Jolyan Silvera’s Arrested But Many More Well-connected Murderers Walking Free…

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The recent arrest of for­mer PNP Member of Parliament Jolyan Silvera for the mur­der of his wife Melissa, who died late last year, should not elic­it any excite­ment from ordi­nary Jamaicans.
The real­i­ty is that no one should be exempt from the reach of the law when they break it. Sadly, the arrest, much less the suc­cess­ful pros­e­cu­tion of high-pro­file Jamaicans, remains a dis­tant dream rather than a reality.
I lis­tened to one very senior mem­ber of the JCF relat­ing to the media the arrest specifics, and I could bare­ly lis­ten to the whole thing. The case’s specifics make it so clear-cut that not arrest­ing Silvera would have been a clear abdi­ca­tion of duty. 
However, the JCF has a his­to­ry of abdi­cat­ing its respon­si­bil­i­ty to the coun­try when it suits them. 
This has cre­at­ed dis­trust, dis­re­spect, and a lack of con­fi­dence in the agency by most Jamaican people.
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Jolyan and Melissa Silvera. At the time of their mar­riage, one Jamaican news­pa­per shame­less­ly crowed, ” Melissa and Jolyan, a love that’s meant to be.” The grue­some nature of her killing should shame that news­pa­per. Such is the cul­ture of glo­ri­fy­ing politi­cians and peo­ple from uptown. 

The caus­tic com­ments on social media direct­ed at the police around this arrest can be brushed aside as cop-hat­ing gib­ber­ish. However, an agency that requires the pub­lic’s par­tic­i­pa­tion for much of its suc­cess must be mind­ful of pub­lic per­cep­tions. Perceptions are not always facts, but giv­en enough time and no fac­tu­al cor­rec­tion, per­cep­tion often­times becomes a reality.
Far too many well-con­nect­ed peo­ple are com­mit­ting crimes and fac­ing no con­se­quences. Ordinary Jamaicans are not blind to these things, and so they are in no mood to hear the police crow­ing about one arrest as if they want medals for doing their jobs.
The JCF has fum­bled the bag on numer­ous occa­sions that involve high-pro­file cas­es. Many Jamaicans alive today will recall the alle­ga­tions sur­round­ing the infa­mous Dianne Smith case in 1983 by the Constant Spring Police.
Dianne Smith, a young stu­dent, was alleged­ly raped and mur­dered while on her way to school. Allegations arose after the das­tard­ly crime that a well-known upper Saint Andrew man, the son of a well-con­nect­ed polit­i­cal fam­i­ly, had com­mit­ted the crime.
The man named who him­self became and is still a mem­ber of par­lia­ment has strug­gled over the decades to con­vince a skep­ti­cal Jamaica that he was inno­cent. Those strug­gles includ­ed threat­en­ing tort action against those who dared to men­tion his name in the Dianne Smith mur­der case.

Whether or not this polit­i­cal fig­ure was involved in the rape and mur­der of Dianne Smith is any­one’s guess because the Constant Spring Police tasked with the mur­der inves­ti­ga­tions have yet to arrest any­one, much less gain a con­vic­tion for that mur­der forty-one (41) years lat­er. The per­cep­tions sur­round­ing that crime remain that there have been no real inves­ti­ga­tions because of who the alleged sus­pect was.
The fail­ure of the police to inves­ti­gate and arrest the criminal/​s in the Dianne Smith case enabled the rumor to con­tin­ue and has done immense harm to the rep­u­ta­tion and good name of the per­son named by the streets. If the per­son named in that rape and mur­der was tru­ly guilty, the incom­pe­tence or com­plic­i­ty of those tasked with inves­ti­gat­ing that crime enabled him to walk away scot-free.
I served in the Constant Spring CIB office between 1987 and 1991, and nev­er once did I hear any­one talk about a Dianne Smith case file that was still open.
It is impor­tant to remem­ber that mur­der is not a statute; it is against com­mon law. As such, mur­der has no statu­to­ry lim­i­ta­tions as to when a guilty mur­der­er must be caught and con­vict­ed. I found it odd that though a mur­der­er may be arrest­ed for a mur­der he com­mit­ted a hun­dred years ear­li­er, by the time I arrived at the Constant Spring CIB in 1987, a mere four (4) years lat­er, there was no talk or inves­ti­ga­tions ongo­ing in the Dianne Smith rape/​murder case. There was absolute­ly no open, ongo­ing investigation.
Why was that?

WHY HAS THERE NOT BEEN AN ARREST IN THIS CASE?


In the link pro­vid­ed above in red, I wrote about a sim­i­lar case that the Constant Spring CIB office sup­pos­ed­ly inves­ti­gat­ed, sim­i­lar to the Dianne Smith case. Below is one of sev­er­al arti­cles I wrote in 2017 about the Germaine Junior case.
In 2021, here is what the police had to say.
We have not closed their probe into the mur­der of a man four years ago at the St Andrew home of promi­nent attor­ney Patrick Bailey. 

Germain Junior, a 51-year-old con­struc­tion work­er, was found with stab wounds and a sin­gle gun­shot wound to the head in the attor­ney’s liv­ing room on September 30, 2016. 
In an update on the case on February 1st, 2021, at a police press con­fer­ence, Deputy Commissioner of Police (DCP) in charge of crime, Fitz Bailey, said the probe into the killing is ongoing.
“Well, the mat­ter [Junior’s mur­der case] is ongo­ing. It is not yet closed, but the truth is we go by the evi­dence, and I don’t think we have the ade­quate amount of evi­dence to advance a crim­i­nal pros­e­cu­tion at this time,” he disclosed.
“Even since I took over the [crime] port­fo­lio, we have had quite a num­ber of case reviews. We have actu­al­ly done sev­er­al lines of enquiries, but at this point we don’t have the evi­dence to mount a crim­i­nal pros­e­cu­tion,” Bailey added.
Police reports at the time sug­gest­ed that Bailey stum­bled on the body short­ly after 4 am in his liv­ing room, and the police were alerted.
(How could a police depart­ment even men­tion clos­ing a mur­der inves­ti­ga­tion when there are no statu­to­ry lim­i­ta­tions on mur­der)?

WHAT ARE THE POLICE AFRAID OF WHY THEY HAVEN’T ARRESTED THE MURDERER/​S OF GERMAINE JUNIOR

I gen­er­al­ly avoid com­ment­ing on cas­es under police inves­ti­ga­tions for sev­er­al rea­sons. (1) You nev­er know how inves­ti­ga­tions will turn out; eat­ing crow is not some­thing I par­tic­u­lar­ly rel­ish. (2) the police deserve all the def­er­ence they can get to do an already dif­fi­cult job. That said, one homi­cide has caught my atten­tion amidst the litany of oth­ers, not for any par­tic­u­lar defin­ing char­ac­ter­is­tic except that it seems that par­tic­u­lar homi­cide should not be too dif­fi­cult to solve.
Nevertheless, over a year has passed, and still, the deceased’s fam­i­ly has not got­ten clo­sure as the police have not made an arrest.Now I under­stand that it’s easy to shrug and say, “Join the line; there are thou­sands of unsolved mur­ders in Jamaica,” but again, the cir­cum­stances of this case cause me to sec­ond guess my def­er­ence to the police on this one.The case involved the death of 51-year-old Germaine Junior at a home sup­pos­ed­ly owned by an attor­ney at law, Patrick Bailey, over a year ago.
According to local report­ing, the deceased was stabbed sev­er­al times and shot once in the head.
The deceased man was report­ed to be a nat­u­ral­ized American cit­i­zen and was sup­pos­ed­ly vis­it­ing the Island upon his death. Mister Junior’s fam­i­ly is incensed at the police for good rea­son. The fam­i­ly insists that the case would have been solved long ago if their loved one had been a promi­nent per­son. They bemoan the fact that the police have been in con­tact with them only once in the last year since mis­ter Junior’s death.
A cou­ple of points have stuck out like a sore thumb, in this case, leav­ing much room for spec­u­la­tion in the absence of bet­ter report­ing and more infor­ma­tion forth­com­ing from the police.

♦ Patrick Bailey is a promi­nent attor­ney who eas­i­ly fits into the cat­e­go­ry of the prover­bial big man accord­ing to Jamaican culture.
♦ Was Mister Junior there as his guest? If not his, then whose?
♦ Who else lives in the home of attor­ney Patrick Bailey, if anyone?
♦ Police report­ed that Bailey stum­bled upon the body at about 4:30 am in his own house as he was asleep even though Mister Junior was alleged­ly shot.
♦ If the homi­cide hap­pened in a sec­tion of the res­i­dence out­side mis­ter Bailey’s earshot (assum­ing the res­i­dence is large enough that Bailey would not have heard a gun­shot), nev­er­the­less, who gets up and walks around the house at 4:30 am?

♦ How could Bailey sleep through what must have been a strug­gle, much less the sound of a gun­shot in his house?
♦ The state­ment that he stum­bled upon the body at 4:30 am could only have come from Bailey him­self, which gives it lit­tle cred­i­bil­i­ty under the circumstances.
♦ A prop­er coroner’s inquest should nail down approx­i­mate­ly what time Mister Junior was killed, as against Patrick Bailey’s assertions.
♦ The Police report­ed no forced entry to Bailey’s house. This is absolute­ly crit­i­cal evi­dence as it demon­strates that who­ev­er killed mis­ter Junior had access to the residence.
♦ A knife believed to be the one used to stab Mister Junior was alleged­ly found beside his body. Was it checked for fingerprints?

♦ If Mister Junior was liv­ing abroad at the time and was only vis­it­ing the Island, why would the police and oth­ers allege that he was a care­tak­er of the residence?
♦ The fact that mis­ter Junior’s body was found with mul­ti­ple stab wounds sug­gests a crime of pas­sion cou­pled with the fact that he was also shot.
♦ Was Patrick Bailey’s per­son checked for marks indi­cat­ing whether he was involved in a strug­gle, or did the police take his word that he slept through a stab­bing and a shoot­ing? If not, why was it not done?
♦ Why was Patrick Bailey ruled med­ical­ly unfit to give state­ments to police by Doctor Jephthah Ford at the time?
♦ According to local media reports after the inci­dent, Patrick Bailey’s doc­tor and client, Jephthah Ford, instruct­ed that he be con­fined to bed after report­ed­ly exhibit­ing signs of being unwell. Ford also said he was not fit to give a state­ment at the time.

♦ Why was Bailey giv­en spe­cial priv­i­leges when even police offi­cers trau­ma­tized by instances of fatal encoun­ters are forced to give a quick account­ing as to what occurred?
♦ Who else had access to the res­i­dence? If any­one, what was their rela­tion­ship to Mister Junior?
♦ Did the police check Patrick Bailey’s house for bloody clothes or clothes recent­ly washed?
♦ Did the Police check out­hous­es (if applic­a­ble) and garbage recep­ta­cles for poten­tial bloody clothes?
♦ If the police deter­mined no forced entry to Bailey’s house, how could they sum­mar­i­ly rule him out as a suspect?

I am mak­ing no assump­tions about who killed this man; I am not say­ing any­one, in par­tic­u­lar, is respon­si­ble. I am say­ing that the Police should get up off their back­sides and do the inves­tiga­tive work, and who­ev­er killed Mister Junior should be ban­gled up and bun­dled off to jail. When con­tact­ed by the media, Bailey was report­ed to be arro­gant, assert­ing the quote,” Anything dem seh, mek dem seh it. I have no answer; pub­lish what­ev­er they say. My back is broad. I have no com­ments, no com­ments, no com­ments! Just sim­ply, you report what­ev­er you want to,”
According to local media report­ing, Assistant Commissioner of Police Élan Powell, who had the crime port­fo­lio at the time of the homi­cide, insist­ed that the police were hid­ing noth­ing, the inves­ti­ga­tions would be done, and the chips would fall where they may.

This state­ment does lit­tle to assuage the anger and dis­trust the fam­i­ly of Mister Junior har­bors as it relates to the police’s abil­i­ty to bring the killer of their loved one to justice.
Clearly, what­ev­er the under­ly­ing assump­tions and pre­sump­tions in this case are, a human being was mur­dered, and some­one is respon­si­ble for his unlaw­ful killing. This can­not be a dif­fi­cult case to solve one way or the other.
If the own­er of the premis­es, a well-heeled lawyer, did not kill the vic­tim, some­one else did in his house.
It does not require rock­et sci­ence to fig­ure this case out; if no one broke into the house and there was no one else in the house, then the per­son in the house is the killer or the per­son in the house knows who killed Mister Junior and has aid­ed and abet­ted the coverup of this hor­ren­dous murder.

This case is a trav­es­ty and should not stand; the police can­not be that incom­pe­tent or, worse, pissed-scared that they are unwill­ing to arrest the killer or killers.
Whatever the police know caused them to rule Patrick Bailey out as a sus­pect ought to be made pub­lic or told to the griev­ing family.
Bailey deserves no spe­cial treat­ment or def­er­ence under the law over and above any­one else. This would give the police rea­son not to divulge how they deter­mined he was not a suspect.

In February 2016, Assistant Commissioner Powell told a Gleaner Editor’s forum that the police did not wish to name a sus­pect but sought to assure the pub­lic that the police were active­ly pur­su­ing the case.
Since Powel was in charge of crime at the time, both he and the head of crime must now prop­er­ly account for this bereaved fam­i­ly as they are duty-bound to do.
There should be no more mur­ders swept under the rug because some­one knows some­one who knows someone.
This should not be allowed to stand, and the fam­i­ly should not stand for it; they are right in demand­ing answers.

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