BASSETERRE, St. Kitts – FROM time immemorial, many people have been arrested and convicted for crimes they did not commit. Some of them were in the wrong place at the wrong time, some were victims of mistaken identity and some may have been setup by unscrupulous police officers or other members of society.
No man is perfect and it is only humans who make mistakes. However, while members of police forces are mandated to serve and protect citizen and residents of and visitors to their respective countries, it is incumbent upon them to be thorough in their investigation of crimes in order to have enough evidence to convict the right persons involved and not evidence based just on hearsay or circumstantial. Every police force has sleuths and they must employ their training in the solvability of crimes.
A recent research conducted by SKNVibes has realised that injustices have been meted out to many people the world over. One such person is 40-year-old Fernando Bermudez, who was declared innocent in the Manhattan Supreme Court on Thursday, November 12, 2009 after serving 18 years in an American prison for murder.
Bermudez was convicted for the shooting death of 16-year-old Raymond Blount in 1991. However, amidst a packed courtroom, Judge John Cataldo dismissed the indictment against him and scolded the prosecutors for not acknowledging sooner that they had charged the wrong man.
Another case of interest is that of Zhao Zuohai, a 57-year-old resident of Zhaolu village in Henan Province, China, who was declared innocent by the Henan Provincial Higher People’s Court on Sunday, May 9, 2010. He was convicted in 2002 for the murder of his neighbour Zhao Zhenshang, who went missing after an argument ensued between the two men.
Subsequently, a headless body was found in the village in May 1999, suspected to be that of Zhenshang, and Zuohai was arrested, charged for his murder and sentenced to prison in December 2002.
Fortunately, a paralysed Zhenshang, having no money for treatment, showed up in the village to collect welfare money; his identity was confirmed and Zuohai was set free. Since his release, the authorities have offered him compensation for the years he has been incarcerated. It is said that he would receive at least 306,000 Yuan, the equivalent of US$45 000, for his lost of freedom.
In an effort to ascertain if anyone in St. Kitts had experienced wrongful imprisonment or was innocent of an offence for which they have been charged, as well as to find out what one’s reaction would be if one should become a victim of either circumstance, SKNVibes sought answers from a number of citizens and residents on the island.
“I would have a major breakdown,” Althea Richardson of Antigua said in answer to the question of being charged for an offence she did not commit.
Unlike Richardson, Dwight is a fighter even though his world may be crumbling. He said, “I would feel like it’s the end of my world, but I will fight to prove I am innocent.”
A young lady by the name of Ornella said that she would be very upset and ask herself why they had choosen to arrest her.
“Because I knew nothing about it, I would be left to wonder why I was choosen me? How come nobody ask me anything? They just pick me up,” she said.
She figured that if she was seen hanging out with known gang members, then that could possibly be the reason for her arrest.
“If I know that I hang out on the corner with bad boys, in my mind I know I’m not in a gang but in the eyes of others it would look that way. So, maybe, that could be why I would get arrested for something I knew nothing about,” she added.
Sandra said she would be of the view that the police were targeting her.
“People are not supposed to be arrested if they know nothing of the crime. I would feel real bad and think the police were targeting me to tarnish my name. To see they have so many people out there doing wrong and then they gonna come after me who know nothing or did anything, that’s some real s*&%,” she said.
A young man from Sandy Point also shared similar views and said it would show that the police want to frame him and did not carry out investigations properly.
Another young man said he would be outraged and thinks that his arrest was a result of the lack of proper investigative and detective tools.
“The police still operating like they are in 1960s, depending on people to talk to gain information. That’s one of the ways why they always arresting wrong people,” he said.
Kymberlee Ward shares the story of her friend Joel Daniel, who was recently convicted of a crime she said he knew nothing of.
The young man, who is known in his community of Conaree for fixing electronics for a living, was given a laptop by his cousin to repair.
“His cousin said, ‘Could you fix this for me, it’s not turning on.’ And my friend said, ‘Okay’,” Ward said.
A couple of days later, according to Ward, his cousin’s mother, who is a police officer, called Daniel and asked if her juvenile son took a computer to him to be repaired. The officer also told Daniel that the computer was stolen.
“Police came with her and when they arrived Joel went to his work-shed to retrieve it for them, and they then tell him he has to come with them for accepting stolen goods,” she said.
Ward said that her friend was later charged with the offense of Receiving.
“Is he supposed to ask everyone who brings something there to be fixed if it was stolen?” asked a seemingly upset Ward.
She said that the case was tried two weeks ago at the Magistrate’s Court and she was under the impression that if convicted he would have been awarded a monetary penalty.
“He’s never been into trouble, never had a fight; we thought he was going to get a fine,” she said.
Instead, he was sentenced to nine months imprisonment.
SKNVibes learnt that his cousin, who and a number of accomplices allegedly stole the laptop, testified in court and said that Daniel was not involved in stealing it or was he aware that it was stolen.
“His cousin came and said that and the magistrate still found him guilty and sentenced him to jail,” she said.
The accused was represented by Chesley Hamilton.
But Ward feels that her friend was treated that way because of politics.
“I think it’s because we’re suing the government for an illegal search which happened earlier this year at his home. And this is their way of getting back at him,” she said.
According to Ward’s attorney, Terrence Byron, they would appeal the sentence.
Ward said that her friend’s incarceration is going to adversely affect him, because of his health condition (low blood count) and the contract he has with TDC Group of Companies.
