ONE of the reasons there are laws in society is to ensure justice and equity by holding everyone to the same standards and have them play by the same rules.When this is upheld, where there is violation to a person, it is expected that justice would be sought in a court of law. The benefit of this is that decisions and penalties are guided by law and not one’s feelings, which leads to vigilante justice. The focus of the acting Commissioner of Police to improve the performance of the Police Force needs to be commended. Crime, white and blue collar, is a detriment to society. Crime undercuts development, robs the state and people of their assets, deprives the right to life, drives fear in society, and leads to unstable lives.
Whenever a crime is reported, the police have a responsibility to investigate it. That investigation needs to be conducted within the confines of the law and acceptable standard practices. It means that all evidence, collected and stored, must be consistently pursued and presented in a universally acceptable manner, including ensuring the rights of suspects and accused are respected at all times.
Bringing an accused before the courts, the evidence presented at trial must satisfy the requirements guided by the standard practices and laws to ensure conviction. Quite recently, a number of cases were dismissed in the courts for want of strong and credible evidence. The Force may find it prudent to look within and engage in critical review of its performance in helping the court to dispense justice.
If evidence is not properly collected, stored, retrieved and presented to support the charge made, then the presiding magistrate or judge is given no option other than to dismiss the case. While in the court of public opinion the person may be known to have committed the act, to achieve conviction in a court of law requires thorough preparation, including marshalling of thoughts on the facts and issue, and vigorous representation of the case from the prosecutor’s perspective.
The police should be concerned at the number of cases being lost in the court. For outside of playing their important role in maintaining law and order and ensuring the delivery of justice, the institution also helps in building the people’s confidence in the justice system. When people hold the view that the court and police are not doing their jobs, it creates avenues for vigilante justice, and threatens the legitimacy of the State.
Concern by the acting Commissioner that the court in granting bail to persons is making it hard for the police to arrest crime cannot ignore the fact that where the law allows for some offences to attract bail, in upholding the law such would be permissible. At the same time, the Force is not without corresponding responsibility to put up proper defence why bail ought not to be granted. A concern too that where perception exists that the court may be enabling crime by granting bail is that the police in its crime-solving efforts can resort to extra-judicial acts, including killings, and going without being held accountable by the court for want of evidence, which will further undermine law and order in the society.
This society looks forward to the recommendations in the Government-commissioned forensic audits, where charges have been proffered that such be pursued. Similarly, expectation is held that the prosecutor assigned to the case/s do the required diligence in ensuring that the arguments presented in court can bring justice to the People of Guyana, not dismissal for want of evidence. The failures in securing prosecution are not that of the court or law, but that of the manner in which the prosecutor goes about prosecuting the case. Where institutional strengthening, including requisite personnel, training and equipment are needed, the Force is encouraged to make them known and the Government helps it in realising the required resources. The society must never reach the place where its citizens feel justice will not be served because the Force is incapable of discharging its duties, or because its personnel have been compromised.