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The High Court ruling was fit and proper

Oct 04, 2021 Letters

Dear Editor,
The recent handing down of judgment to convicted felon Jamaican National Sandra Russell by Chief Justice Roxane George is most welcomed. I say her judgment was most welcomed because it has brought to the fore the fact that the law is the law and must be applied in all matters. The law while it prosecutes and punishes the criminal, it also protects them from the excesses of those who administer it, rightly spelt out under the human rights charter. Both must be kept on an even keel, the excesses of either party must be curbed.
In this case, the GPF is the one culpable of not applying the law appropriately, they, whether by its misinterpretation or gross neglect thereof have fallen short of their legal obligation under the law.  The awardee was granted the sum of $3.1M for her aggravation and illegal detention.
The facts of this case include the offender being found guilty of the crime of drug trafficking and was incarcerated. She served her time of three and half months jail time and thereafter was promptly deported. However, for some unknown reason, she was unlawfully detained and deprived of her freedom for five additional months without charge.  The Chief Justice in her ruling maintained that Miss Russell’s rights were infringed and as such should be compensated for it, further the judge’s ruling directed that Russell be deported.
Now, while some may ask the question why should a convicted felon be compensated, the answer comes back again that the police have also broken the law and as such must be held accountable. Rightly put, it is indeed irritating and embarrassing to know that a criminal can be treated so handsomely when they are indeed a criminal. However, the fact remains that the custodians of the law (being the police) have indeed broken the law and under such circumstances, the judge was within her rights to rule in the felon’s favour. The fact is the criminal is also covered under the wide ambits of the law.
This case exposes the inefficiencies and shortcomings of the Guyana Police Force when dealing with such matters, something I have been clamouring for, for years now. In the circumstances outlined above, the police, if they are ignorant of the law, they should have sought legal advice at their disposal and not rely on their own interpretation of the law. In so doing, they would have saved themselves the embarrassment that they are now exposed to.
Ignorance of the law is no excuse.  All the parties involved must realise they must operate within the confines of the law. Why this woman was not deported back to her home country is the sore point for anyone viewing of the case.  She now in her clever, criminal, capacity has turn again and sued the State and was duly compensated. Unbelievable, yet right and proper as seen in the eyes of the law.
Now I turn your attention to two cases of a similar nature but with different outcomes, one in Barbados and the other here in St. Lucia. It involves illegal aliens both handsomely winning at the local betting games of chance. In both instances when they turned up for their winnings, they were denied it and promptly ordered deported.
One might say this is indeed heartrending and inhumane treatment but we must not forget that in the circumstances, they were illegals and as such were outside of the privileges of normal citizenry. The law, though inhumane as it seems, clearly stipulates that such persons are prohibited from employment or as – in the two cases mentioned – are outside of the largesse of the State. Pretty tough to digest, but the law is the law and must be upheld. Sandra Russell got away with it this time due to clumsy policing; however, she would not be so lucky in the future.
Respectfully submitted,
Neil Adams

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