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COMMISSIONER of Police Gary Griffith has given a public explanation for the detention of a Beetham man for 37 hours after he was arrested in June last year for breaching public health regulations on the number of people allowed to gather in a public place.
Keston Jackie had filed a constitutional claim alleging that a justice of the peace, who visited the two police stations where he was being kept, to facilitate his getting station bail, was told the commissioner gave his officers instructions to deny bail to anyone held for breaching that regulation.
In a post on his official Facebook page and that of the police service, Griffith said Jackie was arrested with a large number of people, “many of whom possess a colourful criminal background.”
The release mentioned the names of Akedo “Sunday” Williams and “Burkie” among the 67 other people arrested that night.
In June, Sea Lots businessman Cedric “Burkie” Burke and over 60 others were arrested at an illegal gambling den in San Juan, accused of breaching covid19 public health regulations. They were granted station bail by a justice of the peace. Burke died in September that year.
In the statement, Griffith said it was because those arrested that night were “well known” to the police that they had to be processed by taking their fingerprints, checking fingerprint databases, and investigating based on available intelligence. Griffith said the relevant information had to be gathered before bail could be granted.
“These steps were necessary as there were many persons, who had been arrested, who were suspected of nefarious criminal activity and were already under the watchful eye of the police service,” the release said.
The release also said Griffith was not aware of “the prevailing legislative regime and enshrined constitutional rights to bail, particularly the rights of individuals to bail themselves in relation to summary offences.”
It added that the law allowed for checks and balances in relation to this procedure.
“The Commissioner of Police is of the view that the suggestion that the release of individuals without ascertaining their criminal history and the possibility of their absconsion (sic) would be grossly negligent.”
The release also reminded that people can be detained for up to 48 hours by police before being charged and taken to court.
“The 37 hours being complained of by Mr Jackie ought not to be sensationalised, particularly when consideration is given to the nature of the circumstances surrounding his arrest,” the release said.
The commissioner’s release included an observation that reports in the three daily newspapers failed to disclose the relevant facts surrounding Jackie’s arrest.
However, at the hearing before Justice Frank Seepersad on Monday, attorneys for the State said they had not yet received instructions on the matter and had not filed a defence of the claim.
Griffith’s statement also took issue with Seepersad's comments, saying they appeared to be “judicial censure.”
During the first hearing of the claim, the judge commented that if Jackie’s claims were proven, it “would trigger alarm bells in this court’s mind, because the Commissioner of Police, or any police officer, has absolutely no legal authority to deny a citizen access to bail if it is a bailable offence.”
He also said if the assertions in the claim were correct, then the situation had to be addressed, as it would affect not only Jackie but every citizen, adding also, “People have to understand the remit of their authority and bat within their crease.”
Griffith expressed concern that the judge appeared to be “openly articulating his position on the merits of the matter,” and of possible prejudice that might result from pre-trial publicity and ventilation of the matter in the court of public opinion before it could be determined in a court of law.
He argued, “The reports, both by the headlines and contents seem to suggest that a member of the judiciary, prior to ruling on the matter before them, is openly articulating his position on the merits of the matter.
“These predeterminations, as represented in the said articles, call into question the fairness of the current proceedings and the appropriateness of the alleged conduct of the said judicial official as such assertions may reflect possible bias, particularly given the fact that the instant proceedings are at a nascent stage.”
The release acknowledged that Griffith was cognisant that the matter before Seepersad was sub judice, but said he had to “speak out against misinformation that may be circulating in the public domain to prevent ambiguity as to the policies and procedures of the organisation.”
The release did not address Jackie’s claim that the commissioner ordered his officers not to facilitate the granting of station bail.
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