Dear Editor,
The recent handing down of judgment to convicted felon Jamaican National Sandra Russell by Chief Justice Roxane George is most welcome. I say her judgment was most welcome 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, 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 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 are that, the offender being found guilty of the crime of drug trafficking, was incarcerated. She served her time of three and a half months’ jail and thereafter was to be promptly deported. However, for some unknown reason, she was unlawfully detained and deprived of her freedom for 5 additional months without charge.
The Chief Justice, in her ruling, maintained that Miss Russell’s rights were infringed, and as such, she should be compensated for it. Further, the judge’s ruling directed that Ms Russell be deported.
Now, while some may question why a convicted felon should 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 ambit 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 years now. In the circumstances outlined above, the Police, if they are ignorant of the law, should have sought legal advice at their disposal, and not to 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 to her home country is the sore point for any viewing of the case. She now, in her clever criminal capacity, has turned 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, 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,
Neil Adams
