ON September 5 2012, by Notice in the Official Gazette, President Donald Ramotar appointed a Commission of Inquiry (C.O.I):

“To inquire into and report on the circumstances surrounding the shooting to death of Allan Lewis, Ron Somerset and Shemroy Bouyea and the injury of several other persons on the 18th July, 2012 at the Mackenzie-Wismar Bridge.” At the same time the President appointed 5 (five) Commissioners:  Justice Lensley Wolfe, Chairman; Justice Cecil Kennard; Dana Seetahal S.C.; Justice Claudette Singh and Keith D. Knight S.C.

The President did so in response to the demand of the Leader of the Opposition, Brigadier David Granger, in the aftermath of the indiscriminate shooting at people demonstrating against the government’s proposed increase in the electricity tariff.

The C.O.I. began its work on Monday September 24, 2012, in the Family Court Building, in the compound of the High Court, Georgetown.

APNU team of lawyers, Messrs. Basil Williams, Joseph Harmon, James Bond and later Llewellyn John, entered appearance before the C.O.I on behalf of the Partnership. At the outset, Mr. Basil Williams, Attorney-at-Law, sought to apprise the C.O.I. that the aforesaid Leader of the Opposition had written to the President seeking to have their Terms of Reference (TOR) amended to include the events of the two days, of the 10th and 12th August 2012, when a reign of terror was perpetrated on the people of Linden, causing serious bodily injuries, maiming and disfigurement to scores of Lindeners.

Mr. Lensley Wolfe, noting that only the proper authority could amend the T.O.R, intimated that the C.O.I. was prepared to embrace those amendments if the President so ordered.

Mr. Joseph Harmon, Attorney-at-Law for APNU, objected to the participation of Messrs. Euclin Gomes and Ganesh Hira two attorneys-at-law, appointed as lawyers for the C.O.I, because of their close association with the private chambers of the Attorney-General (A.G) of Guyana. Chairman Wolfe said the lawyers were not decision makers and, therefore, there was no conflict.

The C.O.I. examined the high ranking Police Officers mainly concerned in the operations and deployment of police units in the vicinity of the MacKenzie-Wismar Bridge, on July 18, 2012, including the Commissioner of Police, Mr. Leroy Brummel, Senior Superintendent Clifton Hicken and Assistant Superintendent Patrick Todd.

APNU notes that important evidence has been adduced which ought to assist the C.O.I. in discharging their remit as outlined in their T.O.R.

The aforementioned Officers have in their testimonies, contradicted one another, and contradicted themselves. Each of them denied having authority to make decisions on the ground in the vicinity of the MacKenzie-Wismar Bridge on the July 18, 2012. Nor did any of them act on their own authority in dispersing the protestors from the bridge by use of excessive force that afternoon.

A.P.N.U. commends the candour of the Commissioner of Police, who from the outset of the C.O.I, disclosed that it was A.S.P. Todd who gave the orders to his Tactical Services Unit (T.S.U.) to shoot the protestors and that he thought the shooting was unjustified.

Moreover, the very important police Standing Order 18 came under the scrutiny of the A.P.N.U. lawyers and the C.O.I. Standing Order 18 confirms that police ranks must use minimum force except in very limited circumstances, where they could shoot to protect their own lives and the lives of others.

Standing Order 18 also stipulates rules as to the registering, issuing and the returning of firearms and ammunition, in a police station; emphasis being placed on record keeping.

A.P.N.U. lawyers also elicited evidence before the C.O.I. as to the absence of any law guaranteeing to the families of persons killed by the police the right to an independent pathologist.

It is the aim of A.P.N.U. to ensure that relevant evidence is introduced to assist the C.O.I., in making recommendations, the implementation of which will assist the Guyana Police Force in effectively and professionally discharging their responsibilities for the maintenance of Law and Order, in keeping with T.O.R 3(c).

A.P.N.U’s legal team is contending inter alia that there was a concerted plan to derail the proposed five-day protest essayed by the people of Linden which would have shut down the Town from day one.

APNU believes that all persons injured as a result of the activities of state officers, on the 10th and 12th August 2012, should be included in any recommendation made by the C.O.I.