Tuesday, July 27, 2010

Stated Emergency or Emergence of State

A declaration of a state of emergency automatically leads to a decline in crime. Tell me if there is anyone who is so dumb as to believe this. Does the trip to the doctor by itself make one better? Of course, my colleague and bredren from the University of the West Indies (UWI), Prof. Ian Boxill conducted a poll on behalf of my other employer, RJR communication group. Overwhelmingly, Jamaicans, when asked in May, were in favour of its imposition. Duh! Boxill’s and the internet RJR straw poll indicate strong support as well, with more than 70 percent of respondents saying, extend it. It would have been interesting to see if anyone was concerned about the public’s opinion regarding the delay by the government in extraditing Christopher ‘Dudus’ Coke.

Playing Politics

Another esteemed academic, Professor Don Robotham, the first person to be blamed for my being a sociologist, excoriates the opposition Peoples’ National Party (PNP) over its cowardice in that “They did not even have the guts to come out and vote against a state of emergency to which they were clearly opposed. Instead they 'abstained.’ ” Doubtless, I agree with him on that point because it seemed to be decisive indecisiveness. When the ruling Jamaica Labour Party (JLP) brought the request to extend it to Parliament, not being convinced that the circumstances merited it, the people who took money from Trafigura and still have not given full disclosure, should have voted ‘no.’ He cites ulterior and even sinister motives and I have little to fault him there. After all, politicians do politics and both parties have benefited from the repugnance of having garrisons and lumpenproletarians under their direction. That is what we know as “dutty politics.”

Correlation but not Causation

However, Robotham is a social scientist and he attributes much to the state of emergency. “[A] whopping 49 per cent reduction, as a result of the state of emergency… 78 fewer persons were shot in June 2010, as compared to the 170 in May 2010, a reduction of 46 per cent… reported rapes decreased by eight, from 48 in May 2010 to 39 in June 2010, a decrease of 23 per cent.” In our discipline we call that a correlation, which does not necessarily mean causation. Sorry Don, it is not that simple, tell me what happened during the state of emergency that led to the decline in crime.

Deterrents to Crime

The most effective deterrent against crime is the likelihood that one will be caught. When I first wrote on the topic of the death penalty during my sojourn with the Gleaner this point was well made. Less than ¼ of all homicides result in an arrest, and the rate of conviction is somewhere in the same range. Simply put therefore, typically one literally “gets away with murder,” in this country.

The next question thus, is “how come they don’t get apprehended?” That has to be a combination of policing and community cooperation. An editorial on the RJR news website dated June 22, 2010, hit the nail on the head. I don’t speak for my broadcast company and I carry no brief for the news room. Nonetheless, the commentary is spot on. “should the security forces be given the air, sea, protective gear, vehicles, computer systems, intelligence gathering surveillance equipment, training and operational facilities that they need?” Ask Rear Admiral Hardley Lewin, former head of both the army and the police and he will tell you how he unsuccessfully pleaded for the tools to do his job.

Powers of the Security Forces

Since 1994, the Jamaica Constabulary Force Act has allowed the police to do a large numbers of things, such as launching curfews. This they could do without telling the public. They could hold persons of interest, process them, search without warrants and restrict movement, just like a state of emergency. However, curfews require the permission of the Minister of National Security when there is no state of emergency. Thus, information can be allegedly passed from him, indirectly or directly, to any politically affiliated don….hmm! Maybe we should have one. Furthermore, the army, without the police or minister’s interference, can drop searches or curfews around the mayor’s, JLP General Secretary’s or Leader of Opposition’s houses. Actually, I like that. I bet that they the soldiers don’t even have to hand over spent shells to the police. Whoever might or not be in his cabinet, the soldiers can “drop it pon dem without warning!”

The Incursion into Tivoli

On May 24, interestingly named Labour Day, the military and police did what many thought was impossible. They went into Tivoli Gardens, crushed whatever opposition there was, and without a protective Member of Parliament to stop the innocent victims from being slaughtered, as was warned by Attorney Tom Tavares Finson, routed the thugs.

Emboldened by either a delusion about their own hype or strength, criminal elements had the misguided view that they could “hold off the army.” Barricades were erected; booby traps, armaments and personnel were stocked up. I could not help but remember the song Scallawa Squami by Baby Wayne, who dared, “How you fi dis Scallawa Squami, man who a fight so much time wid di army.” Of course Baby Wayne was a crackhead, totally divorced from reality.

Garrison Mumma

Nevertheless, it is tempting to believe that something must have made them feel that Tivoli was either impregnable or that the order would never be given to export the President or even to enter in pursuit of his cronies. After all, their would-be nemesis, Lewin, the declarer that Tivoli was, “Garrison Mumma,” had been unceremoniously removed. Furthermore, for the better part of a year, the JLP/Government had pulled out all the stops, including those holding up its credibility and the truth, to prevent the exportation of Coke.

Significance of the Incursion

Let’s be honest, it was the incursion into Tivoli and the clear message to those who attack law and order, that made the difference. Increased security personnel on the streets and more protective gear for them, allowed more soldiers and police to be on patrol. Without Tivoli there is no place where criminals can feel that there is any refuge. Ask Presi Coke himself what is the solution to the homicides. He Al-legedly told the Holy Transporter that reducing the supply of bullets is the key. Well, we don’t produce bullets or guns and most of them are imported, ironically from the USA, the country of the Commissioner of Customs, via the wharves…..Located where?

State of Emergency 1976

Still, as we talk of the state of emergency we seem to forget that the 1976 travesty of the PNP did not lead to a reduction in violent crime. On the contrary, it saw an increase in murders from just over 200 for 1975/76 to 388 for 1976/77 and serious trampling on human rights. By the way, now Prime Minister Bruce Golding did remind us of this seven years ago and said, “so often the police detain scores of people who are first locked up then "processed" and later released. Why? Because the police have no evidence on which to charge them. Under the Thomas-Robotham plan, the police would simply detain and lock up. No need for any "processing"! No need for any evidence! No need for any trial! The gates are flung wide open for corrupt policemen to "deal with" individuals with whom they have a dispute and for a corrupt government to "deal with" its political opponents with whom it always has a dispute.” He continued, “The atrocities that were perpetrated by the government in the state of emergency of 1976 must never be allowed to happen again! They will never be allowed to happen again.” Tell me, what apart from the administration, has changed to give us this assurance?

What is an Emergency?

An emergency is an abnormal event, not a process. It is something that has a short duration. It is that period when our adrenaline kicks in because we have a big dog chasing us or a duppy is trying to drag us into the dark. When we are in that state our hearts race, blood sugar and pressure rise. However, if sustained, it kills us.

Legal Basis for State of Emergency

A state of emergency is not to be declared frivolously. Under Section 26 (5) of the Constitution, whatever might be public sentiment, it can only be lawfully declared if “…a public emergency has arisen as a result of the imminence of a state of war between Jamaica and a foreign state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, … infectious disease or other calamity ...”
Also if “… action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.”
The latter occurred on Sunday May 23, 2010 and ostensibly ended with the capture of Dudus on June 22, 2010. Search the law above and tell me if a state of emergency could be now be legally maintained.

Support the Police

True, the police and military would like more power to do their work. However, this is not a military or police state, held under their boots and parliament cannot simply be a “lubricated conduit.” In any event how many times have the police got what they wished for?

Let’s use the laws at our disposal and give the police full support.

Tuesday, July 6, 2010

Rear Admirable

The Admiral lied! There is no way that the hyper pigmented Security Minister Dwight Nelson could have turned pale on being advised about the impending extradition request for Michael Christopher “Dudus” Coke. However, that is where my incredulity ends. I have yet to prove Hardley Lewin a liar but there are countless reasons to question the veracity of anything the little men in green say. After all the truth seems so alien to them they could very well be from Mars.

Extradition request

Here are facts. The American authorities made the request in August 2009. Before the government or Jamaica Labour Party (JLP), (and even the Prime Minister/Party leader doesn’t know them different) could respond, the shadiness began. From Venus, the lady Attorney General/Minister of Justice should have responded. Nothing came from the lady planet. In two shakes of a duck’s tale, attorneys Manatt, Phelps and Phillips were contracted. By September 18 they somehow got the impression, all by their learned selves, that they were being engaged by the government of Jamaica and not the JLP. Oh,the diplomatic note was sent from Mars to the US seeking additional information.

Speaking in Strange Languages

Of course, Prime Minister Golding had declared almost four years earlier, as he chided the Peoples’ National Party (PNP) over the despicable Trafigura matter, that the Government and ruling party have no separate identity. So then, the JLP and the government should have been speaking the same Martian right? Well, Lady Venus was not speaking and the generally unintelligible “communications” minister was clearly speaking another language. In declaring that the government had no relationship with the law firm Minister Vaz was accused by Jamaican attorney and firm backer of the JLP, Harold Brady of either being “daft or needs to have his head examined!” Clearly Brady knew something which Vaz should have but maybe one was speaking the language of Venus and the other, the language of Uranus.

Unmoved but Fishy

Public pressure grew and there were calls to have the courts determine if Coke should be sent. But the Driver kept course and the Minister of Justice refused to be rocked or swayed. Indeed, her objection to signing the order for the export of Coke seemed perfectly logical. Solicitor General’s advice was that she shouldn’t because the evidence was tainted due to Constable X doing, what Lewin later revealed to be perfectly lawful. Note, Lewin was Constable X’s (now re-named “Red Herring”) ultimate senior officer. Well named, because by the second paragraph of this column it was obvious that something was fishy.

Legally Sound but Swayed

Given what was public knowledge, I supported Justice Minister Lightbourne from a legal standpoint, because the only way in which she could have sent the matter for the courts to determine, was if she already declared that he should be extradited and thus signed it. Then, appropriately in the week leading up to “Labour Day” she signed. No new legal information was presented up to today. Yet in the Senate she declared that she was influenced by public sentiments "It was clear that the public- interest concerns had become paramount and compelling and that this required exercising my discretion so as to at least diminish and/or allay those concerns," What???!!! So all the legal arguments went out the window! So much for the unflappable Attorney General, who operates only on legal facts.

A weak apology but limited disclosure, left us feeling “dissed” with no closure. Thus, Driver re-started the vehicle, declared a state of emergency and continued his journey. Now, 73 civilians, two policemen, a prominent upper-St Andrew resident and a soldier later, it was all for naught.

Conspiracy?

In an interesting about-face, there is a declaration of war on criminality and commerce minister, Karl Sam(fie)Muda, who conspired with the Prime Minister and other Labourites to mislead the people, is attempting along with Driver and the eloquent Vaz, to wear halos. So mek mi ask dem, “What is the new information which led the JLP/government to sign the order? Unoo nah tell we how, Manatt dem get the impression dat dem did a deal wid the government? Who lied? Mantt et al, Brady or Vaz?”

Perversion of Intelligence

Something insidious and reprehensible took place in the entire affair as it looks that somebody, who sought to prevent Coke being sent to the United States (US), was perverting not only the course of justice but the entire system of common morals and most of all, my intelligence.

Ironically, a driver, who is daft and needs to have his head examined, was arrested while trying to do exactly what the JLP/government was trying to avoid for an entire year: send Coke to the US. Yet these hypocrites without moral rectitude, refused to ask him to step aside. Did you know that under the Public Service Regulations 1961, public officers are typically interdicted on partial pay while facing criminal charges? Never in my 30 years of public service have I seen any variation of this. But then again, no government has ever compromised itself as much in defence of an area don.

Gag order

More than 70 persons died in vain and the government hints at lawsuits against Lewin? Citing the Official Secrets Acts, which must be guiding the JLP, Nelson is seeking to gag the admiral. Like Monica who could end up being their Lewin-sky, he refused to keep his mouth shut. Lewin said Tivoli was the “Mother of all Garrisons.” Ticky! He had given the crime portfolio to his eventual successor while Commissioner. Thus, any blame for the lack of success was his too. Nelson can speak but he cannot talk, because he was Minister of National Security and much of what Lewin sought and the cops are still clamouring for, was not provided. They were under equipped to take on Tivoli and even Lewin’s former charges, the Jamaica Defence Force (JDF) had to “tun han mek fashion”

Full Revelation Please

Attacking the Admiral is not the same as the full revelation that we need in this debacle. Dwight is too bright to make any further mistakes beyond that with the English language as he attacked a “revengeful” Lewin. All of Jamaica knows that the Labourites were behind Coke up to the few days leading to the signing of the order. Does Nelson really think that the lack of proof that the “Presi” was in deep communication with them vindicates them?

I Hardley think so.

What’s in a Name?

Enjoy this one

My mother is a dressmaker and her name is Taylor. She was literate early and her maiden name is Reid. Never mind Junior. Michael is a cut above the rest at RJR and he is Sharpe, Sport Commentary loves to cuss and he is Tracey. Another more famous Michael took many a woman and he was Manley.

Usain Bolt is fast but Asafa is said to lack toughness, never mind Tyson…hmmmm. Walter Dix is short. Carmeleta Jeter is supersonic. Outstanding 800 metre runner Abubaker Kaki only does well when he runs by himself and he cannot stand up through the rounds. Imagine, Tirunesh, from the country Rastafari call Jah Jah land, is Dibaba.

In politics little of what Vaz says holds water but Tufton is anything but. Poor Webhy could not untangle the finances of his minister. A Nelson is a crippling hold in wrestling but more common is the deceptive Half-Nelson. Millers grind seeds into ‘dus.’ Nevertheless, Chuck is parked in the speaker’s seat. Ronnie 2/8th is firmly quartered in the back benches. Know anything about Andrew Gallimore?…I know of his father. Still I believe Bobby is a closer relative because I cannot imagine any "man tek you."

Welcome back Caster Semenya