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Police should provide protection for witnesses – Former Top Cop
If the Guyana Police Force wants to improve its prosecution rate, especially in high profile matters, they should start actively developing better witness protection methods, says former Top Cop, Winston Felix. This comment from Felix comes after two high profile matters were discharged by the courts just months apart.
Crime Chief Seelall Persaud
Former Commissioner of Police Winston Felix
Club cricketer Carlyle Barton, who was charged with the fatal shooting of his friend Shawn Nelson, on May 27 last year at Orange Walk, Bourda, was let go after various witnesses didn’t show up for the Preliminary Inquiry. The entire shooting was captured on surveillance camera from a nearby store.
Last week, another Preliminary Inquiry fell through after two pertinent witnesses failed to come to court in the Rondy Jagdeo case. Jagdeo was accused of killing his friend Kirk Davis last year at Eccles, East Bank Demerara.
It is widely believed that threats to their lives were the overriding factors that caused the no show of witnesses in both cases.
Felix, who is a Parliamentarian for the A Partnership for National Unity (APNU) told Kaieteur News that although “witness protection” is tedious, the reward is great.
Felix explained that if a witness is “threatened,” even though summoned, the person may avoid the “right thing” instead of putting their life in danger.
He said this is where the state would come in, especially in high profile cases and offer witness protection. However he questioned whether there is capacity and moreso the “will” by the police to do it in certain high profile cases.
According Felix, for there to be “witness protection”, the police must step forward and offer it, although it requires cooperation from witness.
He explained that the system can be made to work since there are laws which regulate the power of the court to enforce the attendance of witnesses, whether the witness is in court and refuse to testify or is evading the court by not attending.
According to Felix, in the Evidence Act, there’s the issue of refractory witness which states that if the witness is present and refuses to testify the Magistrate has certain powers to enforce the law so the witness is made to testify.
On the other hand, in the instance where the witness isn’t in court and is absent, there are other avenues.
“That law raises issues about whether the Magistrate can independently issue an Arrest Warrant because the witness did not attend court,” he said.
Felix said that since it’s not the Magistrate’s duty to bring the witness to court, the prosecution must establish to the court that the correct steps have been taken.
“If the witness is warned to attend court and they fail, you don’t warn again,” Felix said.
Magistrates have often issued arrest warrants for persons who have being delinquent in attending court.
Magistrates have even issued arrest warrants for policemen.
Last year, two policemen, a Sergeant and a Corporal, were remanded to jail by Magistrate Sherdel Isaacs –Marcus after arrest warrants were issued for their arrest following their failure to attend court to testify in a matter that was being tried before her.
The two traffic officers, Police Sergeant Lloyd Thomas, and 2012 Best Cop Corporal 19673 Azad Ali, failed to attend court to testify in a causing death by dangerous driving case currently being heard in the New Amsterdam Magistrate’s Court.
On Friday last Crime Chief Seelall Persaud said that the power resided in Director of Public Prosecutor, Shalimar Ali-Hack, to order that the Rondy Jagdeo murder trial be reopened.
Persaud explained that in this instance the “key” witness, a civilian failed to turn up on several appearances.
He said that civilian witnesses have a “moral obligation” to come to court and give evidence.
He added that there was little that the Police Force could do, unless the court through the Magistrate, issues an arrest warrant for that witness.
“That witness would be arrested and held until the matter is completed,” Persaud said.
“The DPP can cause action to be taken. The DPP can instruct the Magistrate to reopen the inquiry,” Persaud said.
When asked if he believes such a move should be taken in connection with the biker murder case, he said “I would not want to give opinion. The DPP is the competent person and will take action as necessary.”
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