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EDITORIAL - The police are not the executive

Published:Friday | August 19, 2011 | 12:00 AM

The constabulary may pronounce on social policy and make recommendations about legislation for the good order of society and for the efficacious performance of its job. But ultimately, the role of the police is the enforcement of the law, which it is expected will have been crafted with good sense.

If police officers want to actually frame laws and/or formulate and implement policy, they can throw their hat in the ring - as retired Police Commissioner Lucius Thomas had planned to do before his recent withdrawal - and face the voters to become legislators and members of the political executive. In our system of government, with its ideal of separation of powers, they can't be both - law enforcers and legislators - at the same time.

That appreciation of Jamaica's system of government and the policy parameters within which the constabulary, by law, can act appear to have been lost on Senior Superintendent Radcliffe Lewis, a colourful, rough-cut, hands-on, uncomplicated personality who heads the police's Traffic Division. It is perhaps this approach that caused SSP Lewis to get his wires so badly tangled this week.

Blurring right and wrong

Licensed taxi operators in Spanish Town decided to strike this week over dissatisfaction with the way they have been regulated and for other perceived grievances. That is the right of the taxi operators, whatever may be our views about their lack of discipline on the roads and the inconvenience the strike would cause to commuters.

SSP Lewis, however, didn't think so. Or he felt it was his responsibility to ensure that commuters were not left stranded.

So, he took an executive decision to allow illegal taxis to operate on the day of the protest, unmolested by the police. He sanctioned a breach of the law.

The action may have added to the lore about the rustic Mr Lewis and endeared him to commuters who may have otherwise had difficulty going about their business. Luckily, there was no accident involving any of these unregulated, illegal taxis and no injuries to their passengers, who would not have been able to claim insurance.

Struck a telling blow

Mr Lewis may feel that his achievement was good, when in fact he struck a telling blow against law and order. Indeed, the question now is whether the police can enforce the law against illegal taxis. Or maybe it is that Mr Lewis feels that he has strike-breakers - in the old days, they would have been referred to as scabs - in the wings awaiting the next time public transport operators shut off their engines.

What is more scandalous is that SSP Lewis likened the 'robot' cab drivers to "reserve soldiers", and claimed the right to formalise them as he saw fit.

We note that the police chief, Mr Owen Ellington, has been quiet on the subject. The public will be interested to know if the commissioner agrees with, and approves of, our newest ad hoc and unelected lawmaker, SSP Lewis.

The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.