Justice ministry warns of consequences over taping of accused in Clarendon massacre

The Justice Ministry says there will be consequences if an investigation shows that four justices of the peace seen in a video interviewing the accused man in the Clarendon massacre breached the law. 

Taping of engagements like Rushane Barnett's is "most inappropriate", the ministry says. 

A six-minute video emerged on social media on Friday showing Barnett being questioned by the JPs about his treatment in police lockup. He said he was not abused by the cops, contrary to a claim he made in court days earlier. 

Barnett, 23, who has been charged with the murder of a mother her four children in New Road, Clarendon, has instructed his lawyer to pursue disciplinary action against the JPs, one of whom was medical doctor Andrei Cooke. 

The Justice Ministry reiterated that JPs are sometimes required to visit prisons to ensure that the rights of persons in custody are protected and their dignity respected. 

But it says there is "great concern" over the recording of Barnett's session.

"The matter will be fully investigated under the auspice of the relevant Custos Rotulorum, and if the investigation shows breaches of the Justices of the Peace Act (2018) and any JPs Code of Conduct there will be consequences.

It added: "checking on the wellbeing of accused/detained persons is an appropriate role and duty of specified JPs who form part of a visitation lock-up/prison committee established for Justices of the Peace. Any engagement of activities, however, to include videotaping is most inappropriate, and should not be done.  In addition, it is inappropriate for JPs to be present during a medical examination".

The video was recorded inside the medical post at the Half-Way Tree Police Station in St Andrew has triggered a police investigation into the source of the leak.

Senior Superintendent Marlon Nesbeth confirmed that publication of the video is a breach of the police force's social media policy and is being investigated by the professional standards unit.

Nesbeth acknowledged, too, that the leaked video has other “legal implications”, including a possible violation of Barnett's right to privacy.

Barnett's attorney, Tamika Harris, has charged that although the medical doctor and JPs indicated that they were there to protect her client's rights, they proceeded to ignore some of his fundamental rights.

The attorney noted that the examination was conducted by a medical doctor and that “some patient-doctor confidentiality was not observed”.

“I do not see how a doctor is examining someone in the presence of the police and in the presence of so many justices of the peace and also it is being recorded,” she said during a Sunday Gleaner interview.

“What bothers me also is that the justices of the peace would have known that he has an attorney. I do not know why they believe that they are able to advocate for him … and they are not trained legal officers.”

The attorney said on the instructions of her client, she intended to write to the Medical Council of Jamaica, which regulates the medical profession, and the custos of St Andrew, who oversees JPs in the parish, to initiate disciplinary proceedings.

Meanwhile, Cooke confirmed a report of his team's examination was sent to the Independent Commission of Investigations, the commissioner of police, and the director of public prosecutions. 

He explained that it was not unusual for some examinations to be recorded but he said, in this particular case, "for somebody to leak the documentation, it is just wrong".

"In an already inflammatory situation, for somebody to do that ... it just adds fuel to the fire," he said Friday evening. 

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