Black Immigrant Daily News
At least two individuals say they are concerned about utterances from the political directorate and the Jamaica Constabulary Force (JCF) that police officers should “fire back” if they are engaged by gunmen.
For Nicholas Bell* and Kerry Shaw*, they are concerned about the legal ramifications for police officers who are involved in such acts when they occur.
Additionally, they are contending that the situation could lead to an extensive all-out “fire fight” between criminals and the police over time.
“I believe you can shoot and injure dem (criminals) using your tactical training. Yuh nuh necessarily have to kill dem, because remember INDECOM (the Independent Commission of Investigations).
“Who ago pay your legal fee if charged?” asked Bell during a recent interview.
In weighing in on the issue, Shaw commented: “Let the law take its course, because this ‘police must win’ thing have me concerned as a mother of a policeman and how Jamaica could end up in the future.”
On the other hand, a man who was acquitted of a serious gun-related offence in 2013, said he has no issue with the comments, as police are entrusted with protecting citizens and the state.
“Once you know within yourself yuh not guilty, let the police do their job and don’t retaliate. If you do, then pay the consequence,” declared Michael Hall*.
In September, National Security Minister, Dr Horace Chang, stirred controversy and made several headlines when he said police personnel should not miss when they respond to criminals who use deadly force to resist being arrested.
“They (the police) not out there shooting down people like that. There are fatal shootings because man shoot gun after dem. I not telling police not to fire back, and ah say it right here in Westmoreland, I not sending no ambulance out there either,” declared Chang on September 15.
He was then addressing a ground-breaking ceremony for a new Frome Police Station in Westmoreland.
“Anytime a man take up a gun after police, I expect the (police) commissioner to train the police when they must not miss,” Chang indicated then.
The comments have been widely viewed as the minister suggesting that cops should “shoot to kill” criminals. However, those words were never uttered by Chang.
Since that time, there have been several violent clashes between the police and gunmen.
Some of the latter have been fatally killed, so much so that the Independent Commission of Investigations (INDECOM) reported on October 25, that it was probing 19 security force fatal shooting incidents for the month.
For Bell, the situation is worrying.
“Is like the ting now get drastic ’cause, in my view, police nah back down and criminal nah back down again,” he opined.
Bell, a resident of St Ann, said he has never been charged for a criminal offence. However, his feelings towards the “fire back” comment stems from the fact that he has relatives who are police officers, and he is concerned about their wellbeing.
“Listen, mi know it come with the job that, yeah, yuh have to confront two man and so, but mi feel you as a policeman must shoot and wound dem and leave them defenceless, and then you can arrest them.
“Mi have relatives in the force (JCF) and mi nah lie, mi nuh want criminal see them a road and do things to dem, so mi nuh agree with the (alleged) shoot to kill thing,” he explained.
But just this week, Chang put the country on notice that as the police improve their capacity and intelligence gathering, they will end up in more confrontations with criminals, resulting in more fatal shootings of the latter.
“As Government, we can only provide them (the police) with the appropriate tools which we are doing. We’re expanding it, and when we do so, at the stage we are at, Madam Speaker, we gonna have more fatal shootings,” Chang declared in the House of Representatives.
Added Chang on the likelihood of more police fatal shootings: “In fact, it’s inevitable, because the police intelligence is getting better.
“We are moving aggressively to complete our suite of communication equipment for them…, we giving them more motor vehicles.
“To me, it’s somewhat annoying and it’s objectionable that…, the image is still going that policemen out there who are seeking just to kill,” stated Chang, who is also the Deputy Prime Minister.
“They (the police) are out there to protect, (and when) they are faced with gunmen, they have to respond and they are trained to respond,” he insisted.
“They (the police) are trained effectively that when they are engaged in combat with criminals, they must win. I have no apologies for that.
“I want them to win. I expect them to win, and we train them and provide the equipment for them to do so,” said Chang.
And in the wake of two police officers being killed last month, Police Commissioner, Major General Antony Anderson, indicated that police officers have the full backing of the Police High Command for lawful use of force against criminals.
“Members are also being reminded that they have the full backing of the Police High Command in the lawful use of force as is necessary to defend themselves, their colleagues and citizens against any attack,” declared Anderson on Tuesday.
Despite that declaration, Kerry Shaw, a mother of two sons, one of whom is in the police force, is still concerned.
“What if they (the police) are found to have used excessive force following the shootings, Government going to stand the cost of legal fees?” the woman quizzed.
“I think when we ah utter certain comments, we have to be very, very careful, because yuh have police who still take public transport, attend parties, in the public generally, and what if dem (the criminals’) crony spot dem?
“What then? So, we have to be careful as a Government and a JCF with what we saying because this is Jamaica and Jamaica is small,” Shaw insisted.
At the same time, she recognised the crime situation facing the country and the assortment of firearms available to crimnals.
“I’m not saying enuh that police mustn’t defend themselves, no, not at all.
“However, sometimes they don’t always have to kill if confronted on the battlefield, because you can wound the persons and carry them in on some occasions when the situation presents itself,” the Portland woman commented.
She expressed condolences to the friends and family of those police officers who were killed by criminals last month.
Surprisingly, Michael Hall shared a different view, despite having been charged with illegal possession of firearm and shooting with intent in 2010.
Three years later, he was freed, as, according to Hall, the prosecution admitted that there was no evidence to prove that he had a gun or fired it at the two complainants.
Further, there was no gunpowder residue found on his fingers, according to Hall.
While still harbouring feelings that he was wrongfully arrested and charged, the 37-year-old farmer said he agreed that police officers should always win when they are confronted with criminals.
“That’s the truth, they should win at all times if a man open fire on them, because once you not guilty – as mi say before – you should turn over yourself and the law will take its course.
“… But once you ago shot after police to kill him, then you wrong there so on several levels and mi nuh feel it (them being killed by the police) extrajudicial or anything, because criminal a criminal and law is law,” Hall maintained.
Several attorneys have weighed in on the so-called “fire back” urgings of Chang and the commissioner.
Writing in one of the local daily newspapers in September, attorney Matthew Hyatt urged police officers to be careful when using force.
“I urge the brave members of the Jamaica Constabulary Force to use only such force as is necessary in the circumstances,” Hyatt wrote then.
“Even if you see someone in the commission of a crime, you are not empowered to ‘shoot to kill’ unless someone’s life is in danger.
“The Privy Council case of Beckford v R (1987) provides that the test for self-defence is that ‘a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of himself or another.’
“In the end, the rule of law must prevail, and it is irresponsible to send the wrong message to police officers, lest they be found guilty of murder,” Hyatt wrote then.
* Name changed upon request
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