APNU objects to presence of “partisan” lawyers in Linden’s COI

Sep 07, 2012 News

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– findings will be based on evidence – Chairman

By Latoya Giles

Commissioner for the Inquiry into the Linden Shootings, Justice Lensley Wolfe O.J. has said that they have not been exposed to any statements about the incident and even if they were, that would not influence their findings.
On Wednesday, four of the five commissioners were sworn in by the Head of State, Donald Ramotar.
Justice Lensley Wolfe O.J., Mr. K.D. Knight S.C and Ms. Dana Seetahal S.C, all internationally recognized persons, along with Guyana’s former Court of Appeal Judge, Claudette Singh, CCH,. Former Chancellor of the Judiciary and the current Chairman of the Police Complaints Authority, Cecil Kennard, was absent from the ceremony. At a press conference yesterday, the commissioners spoke about several issues about how the commission will operate.
“The members of the commission are not in possession of any statements, and even if we were, the statements at this stage would not influence by that,” Wolfe told the media.
He posited that the decision would be based on the evidence and witnesses and they would not be prejudging anything.
Wolfe said that any person who has knowledge of what took place on that day can elect to give a statement and the Commission will determine if such persons will be invited to testify before the Commission of Inquiry.
When asked about the possibility of the Minister of Home Affairs, Police Commissioner or any ranks who were present being called to the inquiry, Wolfe said “that if the Commission is of the view that such persons can assist in the resolution of the issues which the Commission must decide, then certainly they will be willing to call those persons.”
Wolfe further noted that the Commission’s sitting will be open to the public and that includes the media. He said, however, some evidence might have to be taken “in camera” and the public and media would be excluded.
The Chairman when asked if the Home Affairs Minister would be required to “step down”, said that he could not comment on that. He said that it would be an internal decision and he could not make that recommendation.
Further, the Chairman disclosed that all of the non-Guyanese commissioners would remain in Guyana during the duration of the Commission.
Secretary to the Commission, Attorney-at-law Ronald Burch-Smith said that the Commissioners are anxious to get its work done in a timely matter. He said that the rules of procedure contain provisions on persons who have information and how to communicate it.
He noted that persons who cannot prepare statements can be helped by an attorney who is attached to the commission. Persons can also write their statements and have other lawyers help, Burch- Smith said.
They are no specifications on how the statements must be written.
Attorneys-at-law Euclin Gomes and Gamesh Hira have been appointed to assist with gathering witnesses and evidence.
Meanwhile, APNU’s Member of Parliament, Joe Harmon, yesterday raised several issues about the appointment of the two “partisan” lawyers as part of the Commission.
According to Harmon, the two lawyers have close connections with Attorney General Anil Nandlall. Gomes, as a matter of fact, works in the law firm of Nandlall.
According to Harmon, there should have been some form of advertisements for the posts.
He further told Kaieteur News that he does not know on what basis the two were appointed and if they are competent enough.
Harmon said that he did not know how the two were appointed and whether the AG may have had something to do with it. He called for the appointment process of the two be reviewed.
Head of the Presidential Secretariat, Dr. Roger Luncheon, had disclosed that some $80M has been budgeted for the inquiry which is expected to last 30 days.
In August, the Government and the Opposition came to an agreement on a foreign component being added to the Commission of Inquiry into the Linden protest killings.
On July 18, 24-year-old Shemroy Bouyea, 46-year-old Allan Lewis, and 17-year-old Ron Somerset were killed on the first day of a planned-five day protest by Lindeners.
The month-long protests against a raise in electricity rates in the Region 10 mining town had seen tear gas being thrown by police, roads being blocked and several government buildings burned. Interior communities leading to mining and logging concessions and Amerindian villages were cut off from the city.
Among other things, the Commission of Inquiry will be inquiring into and report on the circumstances surrounding the shooting to death of three men and the injury of several other persons on July 18th, 2012 at the Mackenzie-Wismar Bridge. It will examine the police units deployed to the scene at the bridge and the training. The inquiry will also have to decide whether the shootings were done by police and to determine who gave the orders.
The team will also inquire if any, general or specific instructions, was given by the Minister of Home Affairs to the Guyana Police Force to maintain law.
It will also “make recommendations, implementation of which will assist the Guyana Police Force in effectively and professionally discharging their responsibilities for the maintenance of law and order in the aforesaid community of Linden and similar communities without endangering their own safety and that of innocent persons.”

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