Indentureship Indian Heritage Month May 05

Whipping depicts a backward sentencing policy
I read with horror and dismay that in this present day and age and after 37 years of independence and 33 years of Republican status, a section of the nation's judicial system is still capable of demonstrating a commitment to a backward sentencing policy. I refer to the report in the Guyana Chronicle of Tuesday, November 11, 2003, which reported that Magistrate Kumar Dorasami imposed the sentence of a "whipping of ten lashes" and a seven-year jail term on 27 year old man of Rose Hall, Corentyne, convicted of robbery under arms and unlawful possession of a gun and ammunitions.

I am in no way contesting the adequacy of inadequacy of the 7-year sentence, this is rightfully a judicial matter and I note that Mr. Joseph Lewis, Counsel for the defense has on his client's behalf indicated to the Court his intention to appeal the verdict and sentence. My concern here is with "whipping". We must not as a nation return to barbarism and the days when those in power who controlled the nation or its judicial institutions could at their will and fancies imposed "selective punishment."

I cannot recall in recent times any citizen or non-citizen receiving judicial whipping for any crime. This abomination must be brought to an end now. If not it can become yet another provocation of which society could do without.

This sentencing is insensitive to the present ethnic insecurities in the country. It shows no concern for the African Guyanese community's historic rejection of whipping as a form of judicial punishment.

As an African Guyanese, I reject this form of the "White man's" brutality as an unacceptable method of punishment for African Guyanese or any Guyanese person. We must all speak out against his slave-master mentality, which is now in our midst.

Let us have national standards. Let us as a nation unite and stop this unacceptable judicial madness now, before it is too late.

Those who have ears and are willing to hear, my humble advice is - Whipping of African Guyanese young men can be as explosive as executions.
TACUMA OGUNSEYE

Man ordered whipped, jailed for armed robbery
By Clifford Stanley November 11, 2003
WEST COAST BERBICE - A 27-year-old man of Rose Hall, Corentyne, has been sentenced to a whipping of ten lashes and jail for a total of seven years for robbery under arms and unlawful possession of a gun and ammunition.

Magistrate Kumar Doraisami imposed the sentences on Joseph Lewis, called Josey, at the New Amsterdam Magistrates' Court last week for the offences, committed at Rose Hall in January of 2002.

Lewis had pleaded not guilty but was found guilty at the end of a summary trial.

The Prosecution's case was that Lewis, armed with a .38 revolver, robbed Rose Hall resident Balram Shadrial of a .32 semi automatic pistol valued $198,000; eight rounds of ammunition valued $1,200; and a gold bangle valued $70,000 - all on the night of January 28, 2002.

The Court learned that Lewis wore a mask when he attacked Shadrial as the man was about to enter his home around 8.30 p.m. on the day of the incident.

Shadrial put up a fierce resistance for about 20 minutes, trading blows with his attacker, before being forced to hand over his possessions.

Shadrial recognized his attacker after Lewis's mask fell off during the tussle.

Lewis will receive ten strokes and serve five years in prison for robbery under arms.

He will also serve one year in prison on each of the two charges of unlawful possession of a firearm and ammunition, but these will run concurrently with the five-year prison sentence.

Lewis's lawyer Mursalene Bacchus told the Magistrate that he would file an appeal against the verdict and sentences.

Assist. Commissioner rejects 'racial discrimination in recruitment' charge
By Nivedta Kowlessar
ASSISTANT Commissioner of Police, Henry Greene, yesterday rejected claims of racial discrimination in recruitment for the Guyana Police Force, saying the ability to attract any trainee at all is now the real problem.

"The big issue is no longer race...we are not getting (recruits) because of (low) remuneration and other issues," he told the Defence Forces Commission conducting a public inquiry into the Police, Army, Prison and Fire Services.

Greene was addressing the issue of ethnicity on behalf of the Police at the hearing at the Supreme Court Library in Georgetown. The Commission has been mandated to review the ethnic composition of the disciplined forces to achieve greater balance, among other duties.

Greene said the recent violent crime wave, in which 21 policemen were killed, has severely affected recruitment and the Force is now seeing a return of applications after a lull in 2001 and 2002.

He rejected suggestions for a quota system, saying it would not achieve much. "It is so hard to get a recruit now, that when they come, we want to hold on to them. Today we need 300, we barely get 25."

Once there is an improvement in remuneration, more recruits "of all types" would join the Force, he noted.

Up to last month, the Force comprised 79% Africans, 70% Indians, 7 % Amerindians and 14% of people of mixed race. Greene said this data was gathered strictly for the Commission, as the Force does not consider the race of its ranks so as to avoid bias.

Going through a Police report to the Commission, he said the Force has received several reports of discrimination but these have not been substantiated upon investigation.

Policemen are taught to be impartial in terms of race and justice and that despite colour, creed and social status, all are to be treated equally, he added.

Greene said requirements for joining the Force are without regard to ethnicity, except for Amerindians for whom height and weight guidelines were lowered.

He said there are usually more recruits of African than other races, but they also withdraw from training like Indians and Amerindians. Indians are generally able to cope with the physical aspects of the programme, but often leave because of the level of remuneration and the restrictive nature of the job that conflicts with the more relaxed, farm-type life to which they are accustomed.

Amerindians, on the other hand, have difficulties returning to the job when they leave to visit their homes in the hinterland. Greene recommended the Force sponsor such trips because financial difficulties often prevent them from resuming duties.

Money problems also affect the Force's ability to cater to the dietary preferences of every ethnic group, he advised the Commission.

Commenting on the loss of confidence in the Force, Greene said allegations of brutality have contributed to this and many times the Police are faced with a "dilemma". "When we act, there is a cry. When we don't act, there is another cry...," he remarked.

But he noted that the Police need information from the public to act, as well as better cooperation from the media whose rush to report often results in creating negative perceptions.

Greene said generally, rules of discipline are adhered to and there has been a reduction of complaints filed with the Office of Professional Responsibility, which has had 803 reports since its inception in 1999 to the first half of this year.

Of that number, 174 members of the Force were disciplined, 234 warned and 28 criminally charged. Greene could not say how many were dismissed.

He supported the release of findings of major investigations, noting that this would show the direction the Police are taking and whether the actions are endorsed by the Director of Public Prosecution and Police Complaints Authority.

Greene also backed the idea of integrity testing, but noted it would cost a lot to install monitor cameras, tape recorders and other necessary equipment.

Other issues discussed with the Commission yesterday included a recommended Police Council to handle salary negotiations; the appointment of the Police Service Commission to allow promotions, stalled since 1999; the operation of community policing groups and conflicts of interest with cops involved in minibus, disco, rum shop and other operations.