Black Immigrant Daily News

Contending that acting Chief Justice Roxane George erred and misdirected herself in law in upholding President Dr. Irfaan Ali’s appointment of Patrick Findlay as Chairman of the Police Service Commission (PSC) as well as his appointment of the Integrity Commission, the APNU-AFC has filed an appeal.

The action brought in the name of Opposition Leader Aubrey Norton, which was filed on Monday, lists 11 grounds upon which the party is seeking to have Chief Justice Roxane George’s ruling overturned by the Guyana Court of Appeal.

Opposition Leader Aubrey Norton

In her ruling delivered virtually on August 23, the Chief Justice dismissed Norton’s bid to have the President’s appointments of Police Service Commission (PSC) Chairman Patrick Findlay and the Integrity Commission annulled, on the basis that the Head of State did not engage him in the constitutionally required meaningful consultation.

Both constitutional commissions were appointed on May 31.

But in finding that the President acted lawfully in appointing Findlay, and by extension the new PSC, she held there was procedural fairness and that the consultation process between President Ali and Norton was “sufficient”.

Patrick Findlay and President Dr Irfaan Ali

Even though the PSC was lawfully appointed, she, however, found that it was not properly constituted in the absence of a Chairperson for the Public Service Commission —another constitutional commission that is still to be set up and which is vital to the reconstitution of the PSC.

In the circumstances, she applied the defacto doctrine to give legality to all actions taken by the PSC, including its recent promotion of dozens of senior Police officers.

The Opposition is, however, dissatisfied with the Chief Justice’s ruling except for her finding that the PSC was not properly constituted.

In the case of the appointment of the Integrity Commission, the Chief Justice noted that the President had followed Article 232 of the Constitution in his efforts to consult with the Opposition as well as the Integrity Commission Act.

Chief Justice Roxane George

Besides Findlay as Chairman, Attorney-at-Law Mark Conway and businessmen Ernesto Choo-a-Fat and Hakeem Mohammed are the other members of the new PSC.

The Integrity Commission has Demerara Bank Corporate Secretary Chandra Gajraj as Chairperson; along with Mohamed Haniff; Dr Kim Kyte-Thomas, lawyer and former Solicitor General; Hardesh Tiwari, and Reverend Wayne Chris Bowman as members.

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Black Immigrant Daily News

National Security Minister Dr Horace Chang says gunmen are reducing the number of shooting incidents they are engaged in but increasing the number of killings.

He made the statement Tuesday as he opened the debate on the much-talked-about Firearms (Prohibition and Regulation) Act, 2022 in the House of Representatives.

When passed into law, those found guilty of gun crimes could face a mandatory minimum sentence of 15 years in prison.

Speaking of multiple killings, the volatile Olympic Gardens community in the tough St Andrew South Police Division has experienced three double murders since Sunday evening.

To address the problem, the Government has justified what Chang acknowledged was the “punitive” nature of the legislation by pointing to rampant gun violence that has claimed upwards of 1,200 lives each year and the proliferation of illegal weapons in the society.

“Given this proliferation of illegal firearms in the country it is not surprising that the security forces have reported a steady rate of firearm recovery over the years,” Chang said in his opening remarks.

He said that since 2018, the security forces have taken more than 3,200 illegal firearms and in excess of 53,000 rounds of ammunition from the nation’s streets.

“In fact, the security forces have seized upwards of 625 firearms annually, and based on the firearm seizures so far this year, they are well on course to surpass the 703 firearms that were seized in 2021.

“As the police become more effective at intercepting the killers, however, we find that they are changing their tactics. They are reducing the number of shooting incidents and increasing the number of multiple killings,” said Chang.

Chang told the House that “what we have today in Jamaica, are well-funded and resourced criminals, with relative ease of access to high-powered weapons and other firearms who, are engaging each other in shoot-outs and are attacking the police and killing law-abiding citizens”.

“As a responsible government, knowing the impact that the regional guns-for-drugs trade is having on our country; knowing the pain and suffering that armed gangs and thugs are inflicting on our people, and the havoc they are causing in the communities; and being mindful of the crisis of criminal violence that we have on our hands …we had to take action!” he argued.

Said Chang: “This government had to respond to this crisis with a strong, comprehensive and impactful legislation, with a mandatory minimum sentence that will effectively deter criminals. This piece of legislation is punitive, but more importantly it will help to save Jamaican lives.”

The security minister said the Act was intended to curb the murder projections and stem the tide of criminal violence in the country.

“We know that legislation alone will not reduce the level of homicides overnight. We are confident, however, that this piece of legislation presents a strong deterrent to persons who are involved in trafficking, diversion, manufacture, stockpiling, and the movement of firearms, their parts, components, and ammunition. And we will not apologise for that! This is an effective tool for the police who have been successfully apprehending and prosecuting, but the current system has become a revolving door for hardened criminals,” said Chang.

The Act will repeal and replace the Firearms Act of 1967. It addresses the current criminal landscape in Jamaica and presents a strong response to the proliferation of illegal firearms within our jurisdiction Chang noted.

He highlighted that the consequential amendments made to the Offences Against the Person Act will increase penalty provisions for Sections 13, 16 and 17 by including a mandatory minimum sentence of 15 years for offences involving the use of a firearm. In addition, under section 20(2) the mandatory sentence has been increased from 15 years to 20 years, in keeping with the proposed penalty regime in the current Bill.

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Black Immigrant Daily News

SUPERMOTARD

Axel Marie-Luce est reparti lundi en France après un mois de vacances studieuses en Martinique. Le pilote a bien rechargé ses batteries pour mieux aborder la fin de la saison des championnats de France et du monde de supermotard.

France-Antilles Martinique

525 mots – 07.09.2022

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Black Immigrant Daily News

Publi? le 2022-09-07 lenouvelliste.com

La route nationale num?to 2 est bloqu?e ce mercredi matin, ? hauteur de Chalon, localit? de la premi?re section communale de Mirago?ne. Les activit?s sont paralys?es au centre-ville o? les rues sont quasiment d?sertes. Les portes des institutions publiques et priv?es, dont les banques commerciales, sont rest?es ferm?es. La circulation d’automobiles a compl?tement diminu? dans le chef-lieu du d?partement des Nippes, ce mercredi 7 septembre.

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