EXTRA-JUDICIAL KILLINGS: HIGHLY PROBABLE! POSSIBLY PROVABLE? LARGELY UNPROVEN??

Introduction

Hypothetically, we may want to oversimplify the nightmare of the extra-judicial killings facing St. Lucia and construe it as a symbolic battle between two strong-headed blood brothers from Choiseul: one brother is our top cop and the other is a self-professed human rights attorney.

MARTINUS FRANCOIS

The logical question therefore is: who will in the end triumph? Will the top cop (who is the younger brother) prove beyond all reasonable doubt that the extra-judicial killings affair is only a sham orchestrated by local human rights advocates here? Or will “big brother” who is the human rights attorney shoot down little brother’s case and prove that the top cop and his men were indeed culpable? Assuming that the latter turns out to be case and that the top cop and his men are indicted, then will big brother - in the name of justice - allow little brother to go to the gallows? Or will he begin a new human rights crusade on behalf of little brother?

Chilling IMPACS findings

On a more serious note, I have not (and may never even see) the Caribbean Implementation Agency for Crime and Security (IMPACS) report commissioned by the Gov’t of St. Lucia and undertaken by a team of investigators from the Jamaican Constabulary Force with terms of reference to investigate allegations of extra killings by members of the Saint Police Force; but given the insights shared with us by the PM in his address on Sunday night, the findings do appear to be chilling to say the least!

Consequently, I expect a preponderance of melodramatic reporting and discussions surrounding the report. However, I’m more interested in sharing a pure academic perspective (perhaps, one devoid of a professional assessment). I would hate to do like the media/press and self-styled “human rights activists” and turn a serious matter like the PM’s address to the nation into irrational melodrama in a situation which perhaps calls for national rational reflection and retrospection.

My focus

Given that my focus is purely academic, my preferred option would have been to read the report in its entirety prior to make comments; but I guess, I have to make do with what is before me (the PM’s address), albeit cautiously in the knowledge that my assessment may be limited; and hence potentially may lack validity or reliability.

Freedom of Information

Nature abhors a vacuum! Hence, the lack of all the information does not only invariably lead to validity and reliability issues; but equally it can create to an information vacuum (or partial information vacuum) potentially leading to the generation of unnecessary conjectures, melodrama, and considerable skew-ness in our commentaries. Perhaps, if St. Lucia were blessed with a “Freedom of Information” Act, I would be singing a different song.

TIMOTHY POLEON

Contrary to the “cut and paste” CHOICE NEWS NOW inset about President Obama’s pronouncements about freedom of information, the story reported by the Associated Press is a diametrically opposed one.

It is indeed true that President Obama was swept to office amidst his pledge that he would run the "most transparent administration in history." However, it is also true that reports suggest otherwise.

For example, an analysis done by the Associated Press (AP) on the federal government Freedom of Information found that federal agencies under President Obama have been “as uncooperative as ever”. AP reported: "More often than ever, the administration under the U.S. Freedom of Information Act censored government files or outright denied access to them last year"

 AP went on to add that: "The government's own figures from 99 federal agencies covering six years show that halfway through its second term, the Obama administration has made few meaningful improvements in the way it releases records" citing  last year (2014) as the worst since President Barack Obama took office.

Hence, in that respect, Tim’s inset on CHOICE NEWS may be seen as only “an incomplete half-truth”

Report not Final

That fact that we don’t have a Freedom of Information Act which we could invoke should not preclude us from making hypothetically strong, rational and responsible comments based on the Address delivered by the PM on Sunday Evening. 

I begin with the “polemic” that the IMPACS report is far from being fool proof; neither is it final! (Indeed, the PM was on that wavelength when he suggested that “the final decision is in the hands of the DPP!)

The findings of the report may be logical but they may not necessarily be true! A lot may depend on the “integrity” of the data sources and the methodology of the investigation. The PM did allude to the fact that some sources included persons who “testified” based on conditions of anonymity. That to me is a grey area and, in that context, I endorse the position of the Police Commissioner (Mr Francois) that the findings may be categorised (at least operationally) as allegations that can be contested in a court of law. Accordingly, I concur with him that those informants who are currently protected by conditions of anonymity will eventually have to come out and testify in an open court. Only then will validity and reliability become transparent.

The Commissioner’s concerns suggest that there may be inherent issues about the integrity of the “evidence” and methodology of the investigations.  However, in the absence of the scrutiny of the report in its entirety, those potential issues remain largely conjectural to us unless the commissioner himself is privy to the contents of report. We can only validate his pronouncements only after we too become privy to the full report or a court of law has ruled accordingly.

Is the DPP helpless?

Hon Richard Frederick on the other hand has argued that the matter may be more legally complex than meets the eye. He submitted that the DPP may not be able to do anything about those extra-judicial killings because a court has ruled that (at least some of) the killings were justifiable. I don't have this information with me and I can't verify that this is the case. It would be equally interesting to also hear the substantive legal perspectives of human man rights attorneys like Martinus Francois and Mary Francis!

Businessmen and politicians too?

In his address, the PM, among other things, confirmed the following findings from the IMPACS report: (1) involvement of businessmen and politicians in the extra-judicial killings; (2) the existence of a “Black List”; (3) the members of the High Command of the Police Force may have been involved in “covering up”; (4) “all the shootings reviewed were ‘Fake Encounters’ staged by the Police to legitimize their actions”; (5) weapons planted on the scene of the killings; (6) tampering with computer of records by senior officers to alter records. Indeed, these findings suggest that report is seemingly a damning indictment on the police, politicians and even the business community. Notwithstanding, the nature and extent of involvement by politicians and members of the business community were not specified or defined.

It is noteworthy that no reference was made to elements of the media or the press.

In spite the damning nature of the findings reported by the PM (and there may be more of them), it is advisable that stakeholders proceed with utmost caution as any misrepresentation of the report can have a potentially deleterious impact on the morale of the police and put them on the back foot at a time we are enjoying a historic 2 to 3-month reprieve from homicides.

Is increased allocations the answer?

Perhaps, one of the most significant outcomes of the report is that it has caused the PM to pledge greater resources to the "helpless" Director of Public Prosecutions (DPP); consequently, a few curious questions may be in order: (1) Given that the DPP (even with limited resources) could not solve the simplest problems which plagued her office, then what guarantee do we have that the increased allocation of resources will result in greater efficiency in the operations of the office of the DPP? (2) Will the quantum of resources allocated be in proportion to the magnitude of the challenges facing the DPP? (3) Will the allocation to the DPP result in a proportional increase in the capability, capacity and productivity of the DPP’s office? (4) Will we necessarily get “more with more”? (5) Does the extent of the involvement of the politicians and businessmen cited in the report make them culpable and if the answer is in the affirmative will the DPP prosecute them? (6) Will an increase in the allocation of resources also result in better “administration of universal justice” and consequently also result in the implementation of the recommendations of the report on Constituency Councils? (7) Generally, will an increase in the allocation of resources be sufficient to bring about a more efficient administration of justice in St. Lucia?

Conclusion: probable or provable?

My view is the PM may have presented us with a “sample” which may be just a small tip of the Titanic iceberg! And although I don’t wish to encourage panic and distress, I remain highly concerned about the potentially far-reaching implications and ramifications of the report for St. Lucia, if the findings of the report turn out to be provable.

At the moment, I will accept the findings as highly probable and possibly provable; but yet to be proven in a court of law.

ONE UP, ONE DOWN: TRIBUTE TO THE WEVOLUCION FAMILY

The past two weeks must have been an equally difficult and happy time for the musical Nestor Family of La Fargue, Choiseul. The head of the household Mr Francis Nestor (also known as Dadda, the Mighty Composer, Chappy or Castro) passed away suddenly at a time when his son, Niger was honoured and immortalised in the St. Lucia’s “Hall of Fame” for his outstanding contribution to Art and Culture.

THE MIGHTY COMPOSER: FRANCIS NESTOR

However, the passing of Mr Nestor was not all in vain - for as far back as 1999, "Dadda" had been immortalised in song by Wévolucion, led by his sons Meshach (international reggae artiste) and Niger (cultural virtuoso).

MESHACH: SINGER AND DANCER

“Greedy Joe” may sound too “revolutionary” (and one might add too perhaps too “controversial”) to be considered a fitting lifetime tribute to a loving father who was known for his "conservatism". If that view were just a “theoretical” fear, then that fear became a fact after Dadda’s death! Indeed, Meshach’s irresistible desire and wish to perform "Greedy Joe" as a fitting farewell tribute to his late dad during his official funeral service did not materialise because the Catholic Church denied him the permission to do so! It’s also noteworthy that Meshach like a prophet had also predicted that predicament in the song, when he said, “x-amount of culprits standing on the pulpit . . . and people cyan even make a speech”. Notwithstanding, the family has ruled that they will not disappoint Dadda and Wévolucion will perform “Greedy Joe” in a backyard cottage concert at home after the official funeral service on his behalf.

MESHACH'S SON BEING INDUCTED INTO MUSIC FROM AN EARLY AGE

Whatever criticism one may level at the lyrics of Greedy Joe, the song in its entirety has to be accepted as a masterpiece (in both its conception and execution) with both symbolic and specific relevance. In the symbolic sense, Greedy Joe carries a message of oppression of the poor! In the specific context, it places the Wévolucion family in the centre of the oppression.

The song which was written and produced in the late 1990’s by the Nestor brothers (Meshach and Niger) has been a perennial echo across the Choiseul landscape; and because of its widespread popularity, it may arguably even be considered as Saint Lucia’s (and most certainly Choiseul’s) Reggae Anthem rendered by our reggae ambassador.

PORTRAIT OF MAMA & DADA BY NIGER

In spite of the denial by the Catholic Church to allow the rendering the song in church in honour of Dadda, one cannot deny the spiritual attachment that Greedy Joe has to the Wévolucion family and fan base. Indeed, the writer is of the philosophical view that one possible reason for all the accolades afforded to the song over time, may well be linked to the abundance of blessings it has received from the family for immortalising Papa – who was himself inordinately proud of the song being a tribute to him.

However, despite the dedication of the song to Dadda, it must be observed that the only the third verse explicitly refers to him:

“Sometimes ah bread and water; bread and yellow butter.

Mother couldn’t find a dollar, not even a quarter

Me tired old papa, him a bus driver

Worked hard fi di massa since machikalaba

Dadda didn’t reach far, got tricked by imposters

Dada lived a life he never seek de ole emperor

In a de struggle, me bredda and me mama

From de day we born, ah downpressor pon we shoulder”

Greedy Joe - which has been hitting the airwaves, dancehalls and indeed the international scene ever since it was released 16 years ago – is arguably Wévolucion’s flagship song.  One may claim that “New Vibes”, “Hail Him”, “Ethiopian Princess” are equally flagship songs; but what distinguishes Greedy Joe from them is its historical value and significance. While the song specifically puts into a historical perspective the economic trials and tribulations of Meshach’s family during depressive hard times, it easily relates to the poor and the depressed: 

“Every Christmas that come I see pigs getting fat, while poor people still suffer every day in a small shack; you and your family always fat like dat, while de youths in a de slums thin just like a wet rat; cyan buy a shoes to take a walk in a de park; cyan afford no shirt to put on their back; they looking fi a start and never get contact; you never put a penny in the poor man’s hat”.

It was also in those oppressive times that, Dadda, “the tired bus driver since machikalaba” toiled away for “Mr Greedy Joe” from Laborie for pittance that couldn’t sustain his family; so Meshach, his “bredda” (Niger) and his Mama (Raymonese) had to carry the burden on their shoulder to survive.

The song’s acappela-type vocals, infectious counter-metric rhythm and revolutionary lyrics punctuated by intervening the counter-intuitive drumming off beats and cross-beats along with a heavy reggae bass line (played by Niger), make Greedy Joe a reggae song with a unique and unparalleled St. Lucian flavour; and certainly a song worth listening too!

Dadda was proud of all those innovations in the song and he felt that he had left a special gift, a legacy – through Meshach and Niger - to us.

PORTRAIT OF THE MIGHTY COMPOSER BY NIGER

Of course, Dadda (himself) was a popular village musician who was known not only for his live public performances but equally for capability for his free-style compositions. He was called the Mighty Composer for his extempore ability to construct humorous calypso compositions - long before extempore calypso was officially “invented’. He was also regarded as the “Mighty Sparrow” of the village who rendered popular Sparrow classics like “Mae Mae” and “Jean and Dinah” with great versatility.

HONOURED BY CHOISEUL SECONDARY

The entire Nestor family has music and culture running through their veins, thanks to Dadda’s inspiration. (Indeed, in the village of Choiseul, Meshach is compared to Dadda; and Niger is compared to Mama! Papa was a vocalist and guitarist in much the same way that Meshach is. Mama is a cultural activist and drummer for Clive Butcher’s quadrille band performing professionally in the hotel circuit; Niger is a cultural virtuoso.)

Therefore, it is not surprising that Niger excelled in music, art and culture to the point where he is now officially enrolled in St. Lucia’s cultural “Hall of Fame”.

NIGER PERFORMING IN TRIBUTE TO SABBY IN CHOISEUL VILLAGE

A graduate of the Choiseul Primary, Howard Rosemond and Vieux Fort Secondary schools, Niger is currently employed as a drumming instructor with the St. Lucia School of Music. He is a founder of the folk/drumming group San Nous from Choiseul. He is the leader and bassist for Wévolucion; he is also a member of Chameleon Dance Troupe, Lapo Kabwit Drumming Ensemble (now Dezagweyab), Rebel Soul, Kronic Heights, Les Enfants Dancers and Silver Shadow Dancers.

NIGER'S MUM (RAYMONESE) PLAYING CHAC-CHAC

He has performed locally, regionally and internationally in Festivals like Cropover, Caribbean Fusion, Grenada Expo, CARIFESTA, Commonwealth Drumming Festival, Francophone festival, New York’s Rockland County Festival, World Festival of Black Arts and Culture in Africa. There is absolutely no doubt that he has put our name on regional and international cultural maps and deserved the honour of the St. Lucia Medal of Merit.

Nigel is also a painter, printer, lithographer, graphic artist and sign painter. His home in Choiseul is graced with a few of his beautiful paintings.

In his short lifetime, he has won many awards including M&C Fine Arts Award (6 times) and CDF Festival Awards (2 times).

MEDAL OF MERIT FOR NIGER NESTOR

It was a matter of time that he was enrolled into St. Lucia’s Hall of Fame and this year Nigel won the Medal of Merit for his contribution to Culture and the Arts.

Congratulations to Niger and his family! Choiseul is proud of you just as we were proud of Dad. As the family prepares to pay  final respects to Dadda who will be laid to rest today, we also extend our deep condolences to the Wévolucion family.

SOUCCOUYAN SHOWDOWN IN CHOISEUL

RUFUS BOUSQUET

Much to the chagrin of Lorne, Bousquet is hard on the ground in Choiseul rallying forces. Over the weekend, Bousquet was at large trekking the constituency and touching base either through direct personal contact or making calls to key political stakeholders. Admittedly, his characteristic campaign strength has always been his ability to easily navigate what is believed to be a geographically difficult constituency and this weekend he did so with some effect. Perhaps, it is this strength that has earned him a fair personal support base.

SOUCCOUYAN: OUR REP?

However, all is not well with him in the Team Chastanet camp. At the constituency level, a caretaker team appointed to monitor and make recommendations to the party leader, has largely ignored him. Unconfirmed sources have revealed that no less than half a dozen options (minus Bousquet) has been considered - and he is not happy with that status quo.

What is Bousquet up to? Immediately following the November 2011 Poll, he indicated on national radio and TV that he was finished with politics. However, in a subsequent discourse with the writer of this article, he indicated that he was equally prepared to give “national service” to his country if he were called upon to do so again!

CANDIDATE SELECTION PROCESS

If we have any inkling of who the real Bousquet is, then we should know that to him, “ambivalence means consent”! Bousquet has apparently made up his mind to run again; and amidst all the fray and dissensus that has characterized the selection process in Choiseul, he may well be the only viable candidate in a contest with Lorne. In the pursuit of his goals, Bousquet is known to be the sort of person that may not be able to hit the ceiling but he will not lie down on the floor and complain.

Bousquet is acutely aware that Choiseul is in the tossup category; but I’m sure he is equally aware that the electoral outcome is not matter of fact. Traditionally, Choiseul has tended to lean towards Labour but the paradox is it has also tended to lean towards Bousquet!

Choiseul’s idiosyncratic voting behavior in recent history is not altogether inexplicable; it is partly based on Newton’s Third law of “action-reaction”, that is, to every action, there is an equal and opposite reaction! It is also partly based on the “missing-in-action” phenomenon of fly-by-night parliamentary representatives who invariably disappear from the constituency after they have won the seat. This phenomenon has resulted in the creation of a political void which soon becomes filled with disenchantment, disillusionment and disaffection!

This game is likely to continue until the voters perceive a measure of reciprocity has been restored.

Notwithstanding all of the above, the sequence of events in Choiseul may not have resulted in a major sea change in political allegiance; however, at the moment, indications are the UWP may be savouring a slight advantage; but the seat is equally winnable by either side.

The pattern in Choiseul for the past three General Elections appeared to be 50/50 with a slight advantage (49/48) in favour of Labour.  The 3% swing vote, which fell within the margin of error, invariably determined the final outcome of the Choiseul/Saltibus vote.

If we minus 1% disenchanted voters and add the 3% swing, then theoretically, UWP is expected to be leading 52/48. In addition, if the recent tradition of changing parliamentary rep every election holds, then the UWP is expected to win Choiseul/Saltibus; however, the situation is not linear.

Whereas the SLP camp has lost its frontline campaign team, the UWP is divided and in disarray. Given the complex nature and sequence of events surrounding Bousquet, his endorsement is likely to pose insurmountable challenges to his party. If Bousquet were smart, he would perhaps take the very advice he offered to his colleague Richard Frederick for while his may be in contention to win the Choiseul seat, he may equally cost the UWP the elections. Indeed, Richard because of his base and national following may be a much bigger asset to the UWP than Bousquet.

Meanwhile, Choiseul is caught up between the devil and a deep blue sea of Souccouyan representation. Despite Bousquet’s magnetic personality and his uncanny ability to trek the Choiseul constituency, he has to be included in the category of a Souccouyan representative.

CSA "IDI AMIN" STYLE OF GOVERNANCE AND IMPLICATIONS

For a moment, I thought I was NOT living in a democracy; but I subsequently realised that the sequence of events which led me to that realisation might barely be limited to a single trade union which culture and behaviour may not necessarily generally reflect democracy in St. Lucia; and hence, there might not be need to generalise its apparent “Idi Amin” - type character to the broader society.

The paradox, however, is the trade union is not an exclusive entity insulated from the society and that its character may very well be a reflection of the character of the broader society. More importantly, the workers who belong that trade union are perhaps “the cream of the crop”, "the intellectual elite" of this country running the engine of government, which led me to ask: “Is this also how some of her members run the business of government?”

In any case, was the "sample" of the membership which assembled in the CSA Hall to move a “motion of confidence” in their embattled president cognisant of the enormity of the situation before them and all the facts surrounding it?

If logic were equivalent to truth, then the answers to the questions hereinbefore raised would have been obvious; but I admit that I may be wrong in all the theoretical claims I have raised above! The only matter that may be (apparently) true is the issue that all the pieces of the CSA puzzle do not fit and hence may have created a measure of cognitive dissonance in the minds of many thinkers, some of whom have gone as far as asking Mary to bow out gracefully in order to save the CSA.

Let us quickly review some of the pieces of the CSA puzzle and try to put them in a perspective:

In "who" was the Motion of Confidence moved? Was it a motion of confidence in the President or Mary Isaac? Surely and according to Marry Isaac herself, she is NOT currently the president of the CSA; she is now the sitting general secretary, albeit temporarily. 

The current president is the vice-president (Mr Wilfred Pierre) for two reasons: (1) Mary cannot serve as president and secretary simultaneously; (2) she was legally removed from that office as president by a petition.

Many questions remain pending about the treatment and fate of the counter-petition which gave birth to the meeting. The Powerhouse has been reliably informed that the counter-petition (along with the first petition and Mary’s appointment as GS) will soon be the subject of a judicial review. Indeed, the Powerhouse understands that there may well be an injunction against the Senator/CSA president/General Secretary Ag while a judicial resolution is being pursued.

In the meantime, let’s (re)examine some of the matter-of-fact issues:

1.   Senator Mary was not the president of the CSA when the motion of confidence in the president was moved:

2.   The president “won” a motion of confidence vote after she was booted out of office.

3.  The president went on to appoint the Vice-President as president while temporarily demoting herself to act as General Secretary (GS) after was booted out of office 

4.   The president still speak as the "de facto" president while holding the office as GS.

5.   The president has been dishonestly agitating for the "de-legislation" of the 5% civil service wage cut as a condition for negotiation with the GNT, thereby stalling the entire negotiation process involving the other public sector unions who have all accepted a wage freeze for the triennium.

6.   The president accepted a political position as Opposition Senator and contends that there is no conflict of interest between her senatorial and presidential positions

7.   The president openly defied Staff Orders and the Ministry of the Public Service to convene a meeting to move a motion of confidence in her.

How will those issues play out in a court of law remains to be seen. Suffice it to say that no matter how sad a day it may turn out to be for the CSA, we expect the Laws of St. Lucia to solve the “puzzle” for us and to bring closure to the unfortunate and unnecessary “fires” which now plague the CSA and have the organisation in a state of siege.