Latest update March 28th, 2024 12:59 AM
Mar 10, 2013 APNU Column, Features / Columnists
It was a strange coincidence that the Report of the Linden Commission of Inquiry was presented to President Donald Ramotar on 28th February, exactly 14 days after Michael Ogden died on 14th February 2013. His death eerily seemed to signify the death of compassion for victims of violence in this country.
The British barrister, Sir Michael Ogden, QC, will best be remembered as the chairman of the 1982 working party that produced what are known as the Ogden Tables – a set of statistical tables and other information for use in court cases in the United Kingdom. Their purpose is “to make it easier to calculate future losses in personal injury and fatal accident cases.” The tables take into account life expectancy and provide a range of discount rates, thereby constituting an actuarial basis for the courts to quantify damages in cases of personal injuries and death.
Mr. Cecil Kennard, Former Chancellor of the Judiciary of Guyana and a Member of the Commission of Inquiry, was at pains to justify the paltry amounts of the awards which evidently ignored Sir Michael Ogden’s landmark work. Kennard admitted, “We knew people would not have been satisfied.” He was correct!
The Linden Commission of Inquiry – comprising Justices Lensley Wolfe, Keith Knight, Claudette Singh and Cecil Kennard and Attorney at Law Dana Seetahal – started its sittings in September 2012 and ended in February 2013. It was mandated to inquire into the circumstances surrounding the deaths of Allan Lewis, Ron Somerset and Shemroy Bouyea and the injuries of several other persons which occurred at the Mackenzie-Wismar Bridge, among other things.
The central question that the Commissioners had to answer was who killed three men – Allan Lewis, Ron Somerset and Shemroy Bouyea – and injured several other persons. The commissioners answered that question unambiguously. They concluded, in their own words,”…that the fatal shooting was done by the Police. We believe that the police were responsible for the shooting to death of the three deceased as well as the injuries caused to several other persons at Linden on July 18, 2012.”
The evidence suggests that the shooting was calculated and deliberate. This was borne out by the fact that the Police detachment encountered the crowd of approximately 800 persons on the Mackenzie-Wismar Bridge as early as 11.00 hours on 18th July. The Police left the scene, only to return nearly seven hours later as darkness began to fall at 17:55 hours, and suddenly determined to use force to clear the bridge. This was achieved with fatal consequences.
The commissioners, having ascertained the blame worthiness of the assailants, did not demonstrate any deep concern for the value of human life or respect of the fundamental rights of the victims, who had not committed any crime. In a nauseating manifestation of mean-spiritedness, the commissioners – all legally trained – recommended that the state pay the sum of G$8 million, altogether, to the families of the three murdered men. Worse than the stingy awards, were the silly, small-minded and shameful arguments contrived to deprive the dependents of any significant benefits.
The learned Commissioners contended, in the case of the 24-year-old Shemroy Bouyea, that he was not the only person providing financial support of his family because his mother – a security guard, who also assisted in supporting the family, earned G$30,000 per month! They awarded his estate only $3 million.
The Commissioners – in the case of 46-year-old Allan Lewis who was self-employed, but who supported both of his children, one of whom is attending the University of Guyana – did “not believe” that the son who attends the University received a monthly support of $50,000. They awarded $3M to the estate. They doubted also that 18-year-old Ron Somerset who was attending the Technical Institute assisted in supporting his family and did “not believe” that he was employed at the time of his death. They awarded $2M to his estate.
The awards to the injured persons – some badly traumatised, having endured pain and discomfort and expended hundreds of thousands of dollars in medical fees over the past eight months – were contemptible.
The Commissioners seem to have been guided more by their own personal “beliefs” than by objective, humanistic criteria. These were the attitudes in the United Kingdom thirty years ago that motivated Michael Ogden to criticise the lord chancellor, Lord Irvine, for “failing to make an order which avoided the disparity in awards made to the seriously injured, believing that a proper rate of return was not being paid to them.” This criticism led to the formulation of the Ogden Tables which the Linden commissioners now seem to have ignored.
The Report of the Linden Commission of Inquiry has left a bitter taste in the mouths of Guyanese. The Wismar killings point to dark and disturbing conclusions and need to be seen against the background of state violence that has wounded Guyanese society over the last two decades.
Blaming the protesters was easy. Exonerating those in authority was expected. But the awards were execrable. They reflect, distressingly, the extremely low value that is placed on the lives of poor people.
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
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