POLICE ADMINISTRATION POST 2015: WHERE IS THE CHANGE?

Feb 01, 2018 Letters

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Dear Editor,
As a citizen, I automatically have rights endowed on me by our constitution – one of these is to be protected and served by the enshrined GUYANA POLICE FORCE (Police) and the judicial system. Regrettably, however, it is apparent that my right to protection and due process has been treated with contempt largely by the police and to some extent by the court.
To illustrate this disregard of constitutional rights, I would like to make public an ongoing personal experience involving the court, the B.V. Police Station, the Guyana Police Force C.Division, the Guyana Police Force B.Division and (Mr. Tarrachand Brijlall) owner of TB Construction whom the government continues to contract.
The issue I am bringing to the forefront is an ongoing debacle which began in November 2014. This matter embodies disregard for decency by the businessman in question and trampling of my constitutional rights by the very people and systems entrusted to uphold its integrity.
It has been three years and I am still stuck in the reality of having nothing substantial done on this matter which has affected both my livelihood and my ability to do business.
I was well aware of, and somewhat resigned to accepting the incompetence and red-tape associated with the previous (PPP) administration’s reactive management approach, and the fact that capacity and the will to make the difference were lacking in the policy makers and top officials.
However, I am deeply disappointed by the continuance of indecisive action displayed by the current administration. My frustration stems from the fact that there seems to be an entrenched dissonance between the judicial system and the police force. I must say that I would have been less inclined to come forward with this article, if this were an isolated incident.
I can say with no uncertainty, that my experience is symptomatic of a wider systemic malfunction which is both a drag to societal improvement and a burden to the common man.
This ordeal started in November 2014. I filed a report in court against Mr. Brijlall of Mon-Repos Pasture, East Coast Demerara, for his failure to pay the sum of $1,434,000 as agreed beforehand for work which I completed. I was hired as a sub-contractor to work on a Ministry Of Health Project in 2013. This project involved renovating Doctors’ Quarters in the Port Mourant Hospital Compound, Corentyne, Berbice. The finished structure is evidence of work completed in accordance with the contractor agreement but I was never paid for the work done.
I was forced to file this suit as it became increasingly clear, after multiple attempts to collect payment, that Mr. Brijlall was fully intent on defrauding me of my earnings. Consequently, it was necessary for me to hire an attorney in an effort to obtain my earnings. To further convey how frustrating this process is, I will share the following:
• To date, I have spent $390.000 in attorney fees, court costs and travel expenses. I would like to point out that based on how this process has gone so far, I can expect to spend more.
• There have been six warrants issued for Mr. Brijlall’s arrest (October 2, 2015; November 20, 2015; December 4, 2015; February 19, 2016. And the 11th of July 2017, Yet he continues to disregard the court with impunity and proceed with business unencumbered by his track record of failure to fulfill his legally binding agreement.
The only times he was arrested were when I showed up in person with warrants in hand as The BV Police Department consistently claimed that they have received none of the warrants which were issued by three sitting judges in the New Amsterdam High Court.
• After each of the six warrants was issued, I would make repeated trips to the New Amsterdam Police Station to inquire about the status of due process. I would estimate that I made at least 10 Trips, each at additional expenses , and loss of time and income
• Mr. Brijlall was arrested trice only when I showed up with warrant in hand at my own expense ad insentience. However, in two of these instances he was released without bail or explanation. On one of the two arrests, he was placed in a police vehicle to be transported to the New Amsterdam prison where he never arrived. The other time he arrived and justice was served.
• I have been attending the New Amsterdam High Court for the past three years. To date I have attended 36 sittings whilst Mr. Brijlall only attended three In addition, the Police in New Amsterdam would advise that I return to check for the status of warrants on many occasions that it became impossible to pursue.
With the limited details presented above, and I can assure you there is much more, it is clear to see that we are dealing with a broken system. There is a glaring disconnect between the judicial system and the personnel paid to enforce the law.
While it is apparent that the court, in this instance, was fulfilling its obligation to ‘right the wrong’ by taking the initial steps of justice, the supporting arm of the law (the police force) has neglected its duty, thereby rendering judicial findings insignificant.
I cannot help but wonder if corruption has become so entrenched that competent, well-intentioned, politician in power such as the Minister of Public Security, Mr. Khemraj Ramjattan, is practically incapable of making the difference.
While it is true that ineptitude and corruption continues to plague our police force, the degree to which this is prevalent in both the B.V. Police Station, the Guyana Police force C.Division, the Guyana Police Force B.Division New Amsterdam is mind boggling.
There seems to be little or no accountability or respect for the law by the officials entrusted with upholding it. These police departments seem unable or unwilling to self-police themselves in a manner consistent with their duty and there seems to be no oversight and no one to hold them responsible.
As a citizen, in addition to my frustrations, I have grave concerns and some troubling questions. How can society feel secure under a broken system plagued by corruption, and enforced by unethical and uncaring officials? What good is the court authority, when its enforcement is at the discretion of the police force?
Do we really have a constitution if the judge’s orders can be trampled on and ignored without consequence? Are some people (like Mr. Brijlall) simply above the law? How can we allow ourselves to crumble in this conundrum and just how do we get out? What do we do with the inherited brokenness from the previous administration? Did we just change the personnel but retained the problems?
I believe I am faced with a few options- none of which is as good as the one I have taken in seeking to make this matter publicized. I firmly believe awareness is an agent of change and the way to bring awareness is to make my voice heard.
I further believe it is the duty of every citizen to raise their voice as well. Let it be known to all of Guyana, that the B.V. Police Station, the Guyana Police force C.Division, the Guyana Police Force B.Division if not in part -then in totality, are examples of what is wrong in our country.
I submit to you that we cannot allow police officers like these to continue in this downward spiral while we sit by feeling powerless and disenchanted. We cannot allow people like Mr. Brijlall to continue receiving large contracts from Government ministries even though he is known to be irresponsible, fraudulent and deceptive. Something has to be done!
I am still owed and this is my last resort. We are about to find out if our caring Government cares.
Yours Truly
Joseph Baichu

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