Give them an inch ...

By Peter Espeut

Many people have been rightfully horrified at the allegation that a detective sergeant of police fabricated evidence in a murder case by concocting a statement purporting to be from an eyewitness of the murder; the policeman had signed his own concocted statement; the alleged eyewitness had been fatally shot and, therefore, could not come forward.

This follows another case in 2007-2008 where a detective constable confessed not only to manufacturing a witness statement, but the witness as well! There is a connection between the two cases, as the detective sergeant was the supervisor of the detective constable.

Both policemen acted in an attempt to procure the conviction of notorious gang members from the murderous Stone Crusher and Killer Bee gangs in Montego Bay. The exuberance of the policemen to clear up the murder cases assigned to them is noted, but no matter how laudable the end might be, that does not justify immoral means used to achieve it; and I have not, so far, heard anyone defend the actions of these corrupt cops.

How about this concocted press release of a type often sent out by the police information centre: "Police reports say that last night a patrol car observed men acting suspiciously, and when the men were challenged, they opened fire on the police. The police returned the fire. A search of the bushes revealed the bodies of two men suffering from gunshot wounds. They were later taken to hospital where they were pronounced dead.

"A Taurus handgun with one live round, and three spent shells, were taken from the body. The men were wanted for three cases of murder and five cases of shooting with intent." Another three murders cleared up!

Often after these 'shoot-outs', residents would demonstrate, claiming that there was no shoot-out: that the police fired first, or that there was a cold-blooded execution; that no gun was found, and that one was planted by the police. The counterclaim by the police was always that the residents were defending their own gunmen.

This has gone on for decades, leading to Jamaica having the highest rate of police killings in the world. I have written numerous columns condemning these fabricated stories justifying excessive use of force by the police in these extrajudicial executions.

Over the years, I have been called a bleeding heart and a defender of gunmen and murderers. The police have been congratulated by many for 'clearing up' so many murders. It has been declared that these men were not angels, and that no tears should be shed for them.

What's the difference between fabricating a witness or a witness statement, and fabricating a story about a shoot-out? For decades, many in the public have winked at extrajudicial killings by the police as (they believe) a necessary evil to rid the society of undesirables.

This has given many in the police force the idea that they have support for what they do, and that they can now be more creative in using any means necessary - fair or foul - to gain a conviction. The seeming reluctance of the director of public prosecutions (DPP) to prosecute policemen for alleged wrongdoing has given further encouragement.

New policy, more backlogs

As a result of the actions of the detective sergeant, last week the DPP instituted a new policy requiring that where a statement by a deceased person is introduced as evidence, the handwriting of the deceased witness must be examined by an expert to prevent fabrication of evidence.

Rather than assist in the cause of justice, the detective sergeant has now made the task of the DPP more difficult; every action of the police will now be called into question.

It has already begun: a murder case was adjourned on Wednesday until February 15 for a handwriting expert to examine a statement from a witness who was shot and killed shortly after he allegedly gave a statement to the police in 2004. How many cases will now be delayed, clogging up our already overcrowded courts?

How many Jamaicans have been unjustly convicted because of the corrupt actions of policemen, or gunned down by policemen who think they are doing society a favour? Those who have been silent about our world-record rate of police killings (including those in government - past and present) must bear their fair share of the blame for the thousands of lives lost and the unknown numbers wrongfully convicted.

Many in the police, having been given an inch, have taken a mile. Who will bring them back on track?

Peter Espeut is a sociologist and Roman Catholic deacon. Email feedback to columns@gleanerjm.com.