THE Guyana Bar Association (GBA) has called for a Commission of Inquiry into the death of Army Intelligence Officer Sergeant Robert Pyle, his wife and a truck driver.The three died in accident while Pyle was involved in an intelligence operation connected to the Special Organised Crime Unit (SOCU).

“The deaths and their surrounding circumstances are cause for the gravest concern among citizens,” the GBA said in a statement.

The Association noted that it has now been confirmed that at the time of the officer’s death, he was engaged in a surveillance operation which is now known to have been directed at a public servant who is on leave.

“The Bar Association believes that an explanation is required for the use of GDF officers to engage in such activities, and the legality thereof.”

The Association said that operational control of the Guyana Defence Force vests solely in the Chief of Staff, but is subject to the general or specific direction of the President.

“The Defence Force is charged with the defence and maintenance of order in Guyana, and with such other duties (as are) defined by the Defence Board.
“The President is the Commander-in-Chief and Chairman of the Defence Board, which includes the Prime Minister and the Minister of Home Affairs, now Public Security.”

In announcing the anti-crime Operation Dragnet, the Association noted, Minister of State, Joseph Harmon, had disclosed that it involved the Guyana Defence Force, the Guyana Police Force, the Guyana Prison Service and the Guyana Fire Service, all of which operate under separate Acts of Parliament and exercise different functions.

“The Guyana Bar Association believes that the State has a duty to explain and justify the role of the Guyana Prison Service and the Guyana Fire Service in the operation.

“Insofar as the use of the Guyana Defence Force in civilian activities is concerned, where there is a situation involving violent crime beyond the capacity of the police, the Commissioner may request the Commander in Chief to deploy the Military in support of specific missions and within specific Police Divisions,” the Bar Association stated.

The body noted that the Chief of Staff, as Chairman of the Joint Services Coordinating Committee, makes his own assessment, known to the Commander in Chief, in order to justify the deployment of specific elements of the GDF.

“It is against this background that the Guyana Bar Association considers it necessary to call upon the Government to mount an inquiry into the event or series of events of December 30, 2015 that led to the death of three persons,” the Associated stated.

It said that the series of events raise serious questions that go to the foundational principle of the rule of law, including the importance of citizens being able to go about their lives and business peaceably; the duty of the State to act in conformity with the law, and to protect its citizens; the role and function of the Guyana Defence Force, a body established under the Defence Act to carry out its responsibilities set out in the Constitution; the role, duties and functions of the Guyana Police Force and the Commissioner of Police in these circumstances; the establishment and operation of SOCU, its legal underpinning, staffing and reporting lines; wrongful death, criminal liability, civil liability, immunity and appropriate redress; the scope, operational procedures, reporting lines, and accountability of Operation Dragnet, which was announced not by the Commissioner of Police, but following a meeting of the Cabinet.

The Bar Association noted that while the Chief of Staff of the Guyana Defence Force has announced that the events of December 30, 2015 were part of a legitimate operation, the nation waits to hear from the Commissioner of Police, who is the statutory authority to initiate the call for assistance from the Defence Force.

Similarly, since Operation Dragnet was described as a response to concerns about public security, the Bar Association considers it incumbent on the Minister of Public Security to address the nation on the matter.

President Granger has announced that he does not consider a full probe necessary because a member of the Guyana Defence Force was on an “official mission”.

“With due respect to the President, the Bar Association fundamentally disagrees with such a position.
“At the very least, the law requires a Coroner’s Inquest into the death of the three citizens, while the ten issues identified above are so serious and fundamental to the normal functioning of a democratic state that they require a proper, independent Commission of Inquiry.

“The President is Commander-in-Chief of the Armed Forces and Chairman of the Defence Board. He would wish to avoid any perception of any conflict of interest, undue influence, or political interference in the operations of the Disciplined Services, or of an operation that went horribly wrong,” the Bar Association stated.