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Aug 10, 2011 Letters
Dear Editor,
These days, I have to be very selective and careful about the issues which I choose to discuss through this medium. I have to be careful in how I convey my thoughts lest they be construed to be satisfying a political agenda of any sort. Having said that, I am compelled to say that I have tried as best I know how, to completely refrain from commenting on certain utterances and actions by the Guyana Police Force (GPF) in recent times.
Not so long ago, Commissioner Greene issued a Gag Order to his commanders who were virtually banned from unilaterally making releases to the media. The media reacted unfavorably, without – in my opinion – taking into consideration the issue of confidentiality or the lack thereof and the possibility of security breaches.
Indeed, the media has its role to play, for it was just the other day that we were reminded by professor Eversley of the comment by the English philosopher Jeremy Bentham who said that ‘publicity is the soul of justice’. While this is an admirable edict, let us not lose sight of the fact publicity has no more right on the stage of justice than confidentiality has. Have we forgotten that some years ago, there was such a serious breach in confidentiality that the Madam Chancellor and the DPP had to separately comment on the matter? Through this medium the DPP in particular was forced to ask the vexed question “What has become of confidentiality?”
Not only the media, but many senior police officers were also disturbed by Commissioner Greene’s Gag Order, but if they were to consult Sections 4(j)(i) and (iii) of the Police (Discipline) Act Cap 17:01, they would have found that his (Commissioner’s) edict was legally grounded.
Section (iii) reads as follows: “Any member of the Force (other than the commissioner) who communicates to the publisher or editor of any newspaper or to any unauthorized person any matter connected with the Force without the permission of the commissioner, commits an offence against discipline”.
This section of the law is so simple and straightforward that it needs no explanation. It was observed that the fortification of the Gag Order was endorsed by the Force’s Public Relations and Press Officer, Mr. Ivelaw Whittaker in a letter to the Editor.
Therein, he made it quite clear that the authority for the making of releases to the media was rooted in Force Standing Order No.12 (SN 27-06-2011).It is somewhat interesting that Officer Whittaker did not mention the date of that Standing Order.
I am personally gratified by this disclosure, and while the document is not readily available for public scrutiny, I have every reason to believe that it actually exists. This Standing Order exists in much the same way that a Standing Order and or Force Order concerning the use of fire arm or when a rank on duty should shoot at someone exists.
Unfortunately, the police have always appeared to be unwilling to acknowledge the existence of those Orders and discuss them for the edification of the public at large. I have noticed that the Guyana Bar Association has recently activated an initiative to discuss selected legal issues on a weekly basis in the print media. It is my hope that they find it necessary to discuss this matter sometime soon.
After all, every time someone, be they a criminal, a bandit, a gunman or an innocent bystander is shot by the police or a security guard in controversial or questionable circumstances, the existence and or observance of the rules on ‘When to open Fire’ are brought in to question.
The most recent incidents occurred late last month and late last week and were carried in the Stabroek News under the following titles: ‘Suspected burglar fatally shot while fleeing cops’; ‘I was fishing when wharf guards shot me.’
There is no need to rehash the details in these two stories, suffice it to say that the shooting in neither incident seemed to have been in accordance with the rules of engagement Since my assumption may be incorrect, I would respectfully ask Mr. Ivelaw Whittaker in his capacity of Force Public Relations and Press Officer if there has been a recent amendment to the Force Order containing the Firing Order.
In his letter of June 27th, 2011 in the SN, Mr. Whittaker wrote “The Guyana Police Force challenges anyone to produce a Force Order or Standing Order which amends the current Standing Order”.
Mr. Whittaker’s challenge was issued as a consequence of the media’s lamentations over the Gag Order. Indeed, he was confident that his challenge will remain unanswered because he knows that there was no amendment to Standing Order No.12.
I would not be so bold as to issue a challenge but would simply and respectfully invite Officer Whittaker to tell us about the Force Order or Standing Order which governs the use of firearms by ranks on duty. I have decided to issue an invitation instead of a challenge because as was said by the pastor who delivered the main message during the Thanksgiving Service to celebrate the life of the late Clyde Duncan ‘Today we live in a world where we don’t want to be challenged’.
I respectfully await a response from Officer Whittaker.
Francis Carryl
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