BASSETERRE, St. Kitts – IT is said that crime is everybody’s business and for war to be effectively waged against it, all facets of society must make their contribution, even though it may seem insignificant in some quarters. These contributions include the police’s timely access to information relative to specific crimes, which plays a very decisive role in the process of mounting and building upon cases against the alleged perpetrators.
On numerous occasions, after the commission of offences - be they minor or major - the police issue statements beseeching the public to divulge any information that would assist in the solvability of them and successful prosecution of the perpetrators. Anyone who provides information is promised two things: that there is no need to reveal their identity and that all information received would be handled with the strictest confidence.
These conditions, as confirmed by the Assistant Commissioner of Police with responsibility for Crime (ACP Crime), Joseph Liburd, facilitate an influx of information from the public. However, the ‘fear factor’ raises its ugly head at the point where persons having information about specific crimes are asked to stand before the alleged perpetrators and testify.
“I think that people are fearful of giving evidence in our jurisdiction because it is small, and if someone is to give evidence, based on our jurisdiction’s court procedure, one would have to give that evidence in front of the persons accused. Some individuals are afraid that by giving evidence against the persons accused, the accused persons, if the law is to deal with them after being convicted, those who give the evidence may well be victims of retaliation…”
Ever present fear of reprisal
In 2004, on the night of July 25, Constable Delvin Nisbett was gunned down in cold blood while walking along the stretch of road which joins Parsons and Dieppe Bay. Romeo ‘Buncum’ Cannonier was arrested and charged with the slaying, and during the course of the investigations – and while he was remanded to prison – one of the witnesses in the case, Gavin ‘Magilla’ Gilbert, was gunned down just meters from his home.
Cannonier was convicted of Nisbett’s murder and sentenced to death by hanging. He, along with his three accomplices, was tried for the second offence and they were all convicted and sentenced to death. During the second court hearing, it was revealed that Cannonier orchestrated the Gilbert’s death in order to, as the court puts it, “subvert the course of justice”. He sought assistance from persons “on the outside” and was successful in silencing Gilbert, a key witness in the Nisbett murder case.
This series of events undoubtedly affects people’s decision, not concerning the providence of information, but if they should commit themselves to give evidence in an open court.
One individual who admits to seeing his share of shootings and having information relative to shooting incidents, told SKNVibes that although he is privy to such information, the likelihood of him relaying it to the police or even testifying in court, “simply doesn’t exist”.
Self preservation
Speaking on condition of anonymity, he [John Doe] said he knows of incidents where persons who witnessed the commission of crimes were targeted, shot or even killed before they could set foot in a court room. John Doe explained that he has absolutely no confidence in the police’s ability to provide adequate protection for witnesses before, during and even after cases are disposed of, and doubts they would be able to protect him should he decide to give evidence.
He recounted the moments when he saw a young man approached another and open fire. Thankfully, the intended victim escaped the ordeal unharmed, and when asked if he contacted the police to inform them of the details of the incident, he exclaimed, “NO!” and added that he would not venture to do so.
“We are not talking a jokey, jokey thing here. It is a very serious thing. You lose your life for giving evidence. Remember it’s somebody’s family member you are sinking or somebody’s friend you are sinking. Nobody will like that. We are talking about revenge. This is what is going on. Why do you think they are going after the witnesses? These people have decided not take a jail for nothing. They coming after you and you family. Then when you look, you life gone for nothing.”
Witness protection
John Doe, as do others, strongly believes that there is no witness protection programme for the benefit of residents of St. Kitts and Nevis, and even if there is one, its effectiveness is non-existent. To the contrary however, ACP Liburd says a witness protection programme does exist but he figures the public’s lack of trust in it stems from its necessary clandestine nature.
“There are systems in place to seek to protect witnesses…I have seen cases where persons have been protected here in St. Kitts-Nevis. I have seen cases where people were sent overseas for protection and I’ve seen other means of protection offered to persons. But even sometimes when offered these means, some people still prefer to live their normal life and do not want to accept these forms of protection. There are some who are so fearful that they would not give (evidence) even though you offer them the protection…and this is what is sad.
“It (witness protection) is on a very high-level scale. It depends on the nature of the crime, the witness, what government can offer at the time; and while the public may not hear as much as they wish about the protection scheme, if we tell the public everything about the protection witness programme that is in place, in truth and in fact, there would be no protection for those witnesses.”
Liburd is personally and actively involved in the system and does his best to ensure the safety of witnesses.
“The High Command, usually myself, because I am in charge of crime, I would speak directly to the witnesses and the witnesses’ family members if they show that they have this fear and that they are seeking protection, and work out the protection with them and liaise with the government. And whatever protection is suggested…we work on that. (Not make it public or it would equate to spinning top in mud).
Breaking the cycle
ACP Liburd, by his own admission, understands fully the plight of citizens living in fear and that they are not only concerned with the preservation of their lives but also the lives of their loved ones. While he views this as a legitimate concern, he wonders what would become of our society should every citizen adopt this mentality.
“There are some people who may say, ‘I don’t want to give evidence because I don’t want anyone to come back to attack me or my family.’ But tomorrow, if you, or your family, become the victim, you would want another person or his family to give evidence to help you or your family.
“In trying to protect yourself from fear of retaliation, you are opening yourself also to be attacked and become a victim, because the same person who you don’t want to give evidence against would remain on the outside, seek to rob, rape or kill you or your family. Someone else would see and still be fearful because you were fearful. None of us would like that for ourselves.”
The ACP acknowledged that the police force, just as any other organisation or group, has its share of bad apples, and this tends to play on people’s minds when consideration is being given to providing the police with information or providing evidence in court. Nonetheless, he says this is not even as excuse as everyone has someone they could trust with sensitive information.
“It is still the duty of every human being and every citizen to seek to make their own place, their land of residence, as safe and as peaceful as possible. And if for one reason, someone would be fearful of giving information or evidence simply because there are bad cops, that person is doing no good to his land and would make more bad cops and more problem for his or her country.
“I do not believe that anybody in the world should just give information to somebody they don’t know; whether it be the police, the pastor, the priest, the politician, the teacher or whosoever. You must be able to give information and intelligence to people who you trust. And everyone in St. Kitts-Nevis must trust somebody. So, even if you don’t trust any police, don’t you trust any pastor? Don’t you trust any teacher? Don’t you trust your parents? At least, tell somebody so that they can tell someone who they trust.”
Should the vicious cycle which holds many across the Federation captive not be broken, Liburd warns that “today’s reluctant witness can very well be tomorrow’s biggest victim”.
