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Commission wraps up hearings

Nov 03, 2012 News

 

– report to be submitted in January 2013

By Latoya Giles
The commission of inquiry into the July 18 shooting at Linden came to an end yesterday as lawyers for the police, victims who suffered losses, the APNU and the families of the three dead men all submitting their closing arguments before the commission.
Attorney Peter Hugh, who is representing the police, in his summation said that if the organisers and leaders of the protest action on July 18 had asked the protesters to leave the Wismar/Mackenzie Bridge, there would have been no cause for the police to get involved and the incident at the bridge would have been avoided.
Hugh also suggested that there is no evidence to show that the police were responsible for the injuries and death suffered by protesters. The commissioners then enquired from Hugh whether there was a high probability that the persons were injured by the police given that Todd admitted firing in the direction of the crowd and the absence of evidence pointing to other shooters.
But the lawyer would only say that there was a “possibility” that the protesters on the Mackenzie-Wismar Bridge were shot by the police since there was no ballistics test linking the pellets to the police. Hugh based this aspect of his summation on Supt. Patrick Todd’s testimony where he said that he fired into the ground so that the bullets could ricochet.
“Both ballistics experts stated that 00 buckshot pellets with copper coating were used, based on the fact that the police used cartridges four and six and they did not ricochet …These are facts that the deaths were not caused by the police” Hugh contended.
Hugh further contended that the police acted justifiably and they followed their Standard Operating Procedures, if one were to consider the events. The lawyer said that there is no liability that can be attached to the officers executing their duties in maintaining law and order. Hugh said that the action by the protestors became unlawful when they decided to block the bridge, which is a public thoroughfare.
Hugh contended that the police had the obligation to clear the bridge and added that Todd’s action would be exempt from criminal matters.
Hugh also argued that because they were involved in an illegal act, the injured protesters should not be compensated. He made specific reference to Janice Burgan who admitted that she was part of the protest, stating that she should not be compensated since she was participating illegally. He also suggested that the organizers of the protest should be made to bear some sort of responsibility since they encouraged their supporters.
Organizers should bear liability
Attorney Latchmie Rahamat, who represented the individuals who suffered property losses because of the July 18 incident, also summated that the organizers of the protest should be made to bear some liability for the losses of her clients.
Rahamat represented the Guyana Revenue Authority, Peoples Progressive Party, Linmine, and NICIL among others.
The lawyer said that the failure of the organizers to control the protest led to the losses and so the organizers should therefore bear some responsibility for compensation. Asked by Justice Kennard how compensation could be recovered from the protesters, attorney Rahamat said that her clients are prepared to file legal charges if her submission is favoured.
Rahamat said that the persons claiming losses contend that the organizers should take liability for trucks and buildings lost.
Commissioner K. D. Knight expressed the view that the organizers of the march should not bear any liability for damage or loss to property, while Commission Chairman Wolfe queried why the police did not withdraw permission for the march to proceed if they had prior information about the protest, as they had testified.

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