By Ariana Gordon

VIDEO evidence of what transpired on March 3 at the Georgetown Prison and resulted in the death of seventeen prisoners has been submitted to the Commission of Inquiry (CoI) headed by retired Justice James Patterson.Attorney Selwyn Pieters, who appears as counsel for the Guyana Police Force (GPF) and the Guyana Prison Service (GPS), disclosed that video surveillance gathered from CCTV cameras, along with footage captured by a prison officer on duty at the time of the prison unrest is currently being examined by the three-man Commission.

“The surveillance evidence was already submitted to the Commission… at the appropriate time the video surveillance will be played and explained to the tribunal with the media present and you will get to see a play-by-play objective version of what took place.”
Pieters posited that the prison officers on duty on March 3 did all within their capacity to save the prisoners. His position, he said, can be supported by the video surveillance.

“ALL NEED COUNSELLING”
“You’d be able to see the valiant efforts of the prison officers and I have to tell you this, not only the inmates of the Georgetown Prison have suffered, the entire Georgetown Prison is in mourning…some of those officers are at home on sick leave…they all need counselling from post-traumatic stress disorder.”
The attorney said the March 3rd fire at the Camp Street penitentiary was a major crisis that the prison officials had never experienced before. “It was a critical incident…we are not trying to blame the victims, we are very sorry for what took place at the Camp Street Jail, but those inmates had they followed the directions of the officers no lives would have been lost.”

STANDARD OPERATING PROCEDURE
According to Pieters, force was used on some of the prisoners to get them out of the Capital ‘A’ Division of the facility and he attributed that use of force to being part of the standard operating procedure.

“In any situation where you have a riot, it is standard operating procedure where you extract everyone and you remove the ring leaders and so as the inmates were removed the task force would rush to the ring leaders and remove them from the area. Obviously, if an inmate offers resistance the officer has the use of force continuum and (would) escalate force as necessary.”
Extraction in and of itself within the confines of a prison is force, Pieters added, noting that, “You are pushing the inmate and removing the inmate from that area.”
Pieters noted that his submission to the Commission is going to be that the prison authorities “did everything” within the standards of care and due diligence that they needed to exercise as prudent officials.

UNTRUE
“They did everything within their mandates to ensure that no lives were lost,” he added, noting that the prison officers “went even beyond that by risking their lives” to ensure that the inmates were rescued. On that note the attorney argued that the testimonies by the prisoners who were in Capital ‘A’ at the time of the fire that prison officials did nothing to save them is untrue.
“The evidence will show that the inmates refused to come out of the Division and barricaded the door with a cork and forced prison officers to go through a life and death situation to free them.”

LEGAL REPRESENTATION
Meanwhile, during yesterday’s session of the CoI President of the Guyana Bar Association (GBA) Christopher Ram demanded that all prisoners of the Camp Street penitentiary appearing before the COI be given legal representation while giving evidence at the CoI.

The demand by Ram came following an apparent commitment on behalf of the GBA to have its members provide pro bono representation to persons appearing before the CoI. He had said on March 11 before Justice James Patterson, Chairman, and Commissioners Dale Erskine and Merle Mendonca that correspondence was sent out to the body’s membership on the subject of pro bono services. He noted, however, that notwithstanding the fact that he awaits a response from the membership of the Association, any appearance by its members on the CoI would be pro bono or free of charge.
“We sent an email to the Bar Association that the Association is encouraging all attorneys to participate… the appearance by any member on behalf of the Bar Association is entirely pro bono,” said the head of the GBA.

Ram said yesterday that in the interest of fairness, all prisoners should be made aware of their rights to an attorney and be given an opportunity to choose if they want one or not. The Bar Association, Ram said, is not in a position to represent every person appearing before the Commission.
“They are human beings and are not denuded of their fundamental rights… I am therefore appealing that we ensure that everyone at least knows his or her rights and let them make that decision,” Ram insisted to the Commission.
He called on the Commission to appeal to Attorney General Basil Williams and Minister of Public Security Khemraj Ramjattan for the prisoners to be granted legal representation through the State.

“These persons died or were injured while in the custody of the State. The State has an obligation to every one of these persons. The State has resources and I believe the State should be invited to provide counsel for every person who needs representation or at least to provide the resources,” Ram stressed.
In response to Ram, Justice Patterson made it clear that it is not within the ambit of the Commission to “go looking for lawyers.”

Justice Patterson asked Ram to give the Commission his recommendations on the matter. Ram who had suggested that both the Attorney General and Minister of Public Infrastructure provide State resources to the cause noted that the Commission has to be “impartial and free to everyone.”
Meanwhile, Pieters in agreeing with Ram’s position said his support would be with Ram if an application is taken before the Commission in writing.
“I agree with Mr Ram… counsel should be provided for everyone who appears here and the State should fund same… Mr Ram could have brought a written application, properly serve it on Counsel for the Police and Prison Service, Attorney General etc. and they would have had representations here to make submissions to you.”

But Justice Patterson remained adamant that insisting that the State provides legal representation to those affected and appearing before the Commission is not his responsibility.
“I wish I had right now as I speak the enablement to order immediately legal services to the witnesses…I can’t; I don’t think I can… Mr Ram’s association promised to provide, if possible pro bono services, if applicable. Is there anyone willing to represent this gentleman?” he asked, referring to yesterday’s witness, Desmond James, who when asked by Ram if he required an attorney responded in the affirmative.

Ram made it clear that it was not the Bar Association’s intention to delay the work of the Commission but all prisoners should have their right to an attorney granted. “I cannot sit here to commit anyone to provide legal services.”
Justice Patterson in denying Ram’s oral application for counsel called on the Bar Association and all stakeholders to trust the Commission. “You have to trust us…we are doing the best to maintain the scales of justice.”