Commissioner of Police Anthony Ferguson. File Photo: Terrel W Carey/Tribune Staff
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
POLICE Commissioner Anthony Ferguson yesterday sidestepped calls for action to be taken against officers found to have carried out unlawful killings.
Instead, Commissioner Ferguson suggested it was not his role but rather parliament’s to create protocols his force should follow when inquest juries find officers acted outside the law.
He spoke to the press two days after a jury ruled that an officer unlawfully killed Osworth Rolle, 22, in November 2016. The victim’s father expressed anger that the officer’s duties were unchanged after the shooting and remain that way despite Tuesday’s unlawful killing finding.
“The law,” Commissioner Ferguson told reporters, “mandates the commissioner to supervise the Royal Bahamas Police Force and at this stage the officer is on active duty and there is nothing that prevents him from being on active duty.”
Some lawyers believe officers in police-involved killings should be removed from street duty and should have their functions modified pending inquest findings. Such protocol exists in some other countries.
“It shouldn’t be that you kill Johnny on Monday and you back to work on Tuesday,” attorney Christina Galanos said in August after an officer received his second unlawful killing ruling in two months. “I don’t think any developed country operates like that.”
Defenders of the status quo note it could take years for an inquest to take place and even if a jury makes an unlawful killing finding, the director of public prosecutions may conclude insufficient evidence exists to pursue a criminal charge against an officer.
The Police Act gives the commissioner wide-ranging powers to create policies through force standing orders and to assign duties to officers as he sees fit, yet the police chief implied he has no power to change how such issues are handled.
“I think we have to respect the fact that we are a sovereign nation,” he said. “We have a Parliament that makes laws. We will abide by the laws made by our Parliament.”
During this week’s inquest, the attorney for Rolle’s family, Romona Farquharson Seymour, urged jurors to consider that the police shooting was investigated by police officers, a point the coroner reiterated when she summed up the case. Bjorn Ferguson, who represented the officer who killed Rolle, has said it may be time for police shootings to be investigated by an independent party.
Commissioner Ferguson did not share his view on this matter.
“I have great confidence in this Parliament of our Bahamas,” he said, “and if the Parliament so desires some change in legislation they will do so but until that happens I think the police has to be focused on locking up criminals.”
He said: “I like to stay in my lane. I think sometimes we tend to jump the gun so quickly when we hear things. I’m not inclined to comment on any decision made in another arena but police officers will continue to do their jobs. We are mandated by law to protect the Bahamian people, prevention and detection of crime and we will continue to do that.”
Comments
DonAnthony 5 years, 6 months ago
Pathetic. No accountability. No Justice. No peace.
licks2 5 years, 6 months ago
STOP BEING NAIVE. . .he is telling us like we should know. . .until the rules are in place for him to "ACT LIKE WHATEVER JOE PUBLIC SAY HE SHOULD DO". . .yinna will have to wait on the current policies, processes and procedures to work as intended!! Rule by mob or vigilantism is asinine and stupid. . . EVERY MAN IS ENTITLED TO HIS PROPER DAY IN COURT. . .AS LONG AS THE PROCESS ALLOWS. HOW CAN YOU HAVE JUDICIAL ACCOUNTABILITY OR JUSTICE WITHOUT DUE PROCESS IN LAW FOR EVERYBODY?
DON'T ANSWER THAT. . .YOU GER JUST MUDDLE UP THE WATER MORE. . .JUST STAY SILENT PLEASE!!
Sickened 5 years, 6 months ago
He has a point though. Our legislation, laws, protocols and procedures are so antiquated that they are essentially useless. Out entire legal and legislative system needs to be overhauled.
sheeprunner12 5 years, 6 months ago
The Police has a Service Commission ....... that is its job to deal with rogue officers. Then, off course, the State will act on its recommendations. The COP talking foolishness.
licks2 5 years, 6 months ago
Remember the case where the COP fired a police on recommendation from the PSC. . .the court overturn that decision because they are public servants as well. Lets just say like you say "the state will act on its recommendations". . .then when the state acts. . .WHAT THE HELL WILL IT ACT ON? THEM SAME LAWS, POLICIES, PROCESSES AND PROCEDURES MAN. This country is in so much dumb situations because our leaders are wont to act contrary to rules when they want to "get" someone. . . causing this nation to pay tons of monies. . .like in the Japanese man's case a few years ago!! Or like in the Jean Rony case.
Yall thing lawyer Smith is some ingenious lawyer aye? HEEN THAT SMART AT ALL. . .HE JUST GOOD AT FOLLOWING YALL DUMB DECISIONS THAT ARE CONTRARY TO LAW. . .THEN HE JUST SHOW WHERE YINNA GONE AN DID SOME CRAP. . .AGAINST ESTABLISHED LAWS. . .PURE AND SIMPLE!!
Sheep. . .you are one of the sober minds around here. . .don't mind especially that lawyer. . .that police has rights too. Remember the case with them three persons who said the police beat them. . .they came after the statue of limitation had expired! So do you fire the police officer. . .because we believe that he did beat them? We will get out hips sued if we do. . .the law has expunged any avenue for criminal trial!! We lost the bite of that apple. . .SO JUST SUCK IT UP AND MOVE ON!!
TheMadHatter 5 years, 6 months ago
"...Commissioner Ferguson suggested it was not his role but rather parliament’s to create protocols his force should follow when inquest juries find officers acted outside the law."
What to do when people act outside the law? Uhm. That's a tough one. A friend of my cousin is a Constable. I will hit him up on Whatsapp and ask him.
licks2 5 years, 6 months ago
Mind ya statement there fella!! That statement is a philosophically loaded gun! You have to define what do you mean by "outside of the law". . .because on the face of it. . .the syllogistic conclusion is NOTHING. . .because where there is no law (outside of law). . .there is no law. . .ergo no offences. . .hence no punishments! Now if you preference "contrary to law". . .the answer is easy. . .whatever such law and any related ones prescribe. . .out side of such prescriptions delineated in such laws. . .there are no jurisdiction. . . that person has a right of freedom!
Clamshell 5 years, 6 months ago
My gawd ... the commissioner of police just declared that he has no power to oversee the actions of his officers. OK, if that’s true ... just exactly what IS his job?
In the U.S., any officer involved in a shooting, no matter the circumstances, is immediately taken off the streets, placed on paid leave or administrative duty until the circumstances are investigated and resolved. If the officer is found to have shot a person illegally, he/she is dismissed and faces potential criminal or civil action.
But here? ... well, of course, nobody is EVER responsible for ANYTHING.
licks2 5 years, 6 months ago
Go and reread that information. . .you are talking about TV policing in the USA. . .each district has its internal investigative unit, public safety or public integrity unis for such matters. Questionable shooting like the one going on right now in Louisville is a case in point. . . man running in the street with a gun. . .police said that they asked him to drop the gun. . .he did not. . .he fired no shots. . .police shot him multiple times. . .he dies! Plenty questions lingers. . .two officers are given administrative leave by Public Integrity Unit while they investigate. In contrast, officers respond to persons robbing a bank. . .suspects attempts to run away. . .firing on police with automatic gun fire. . .police return fire. . .suspect shot and killed all out in the open! No questions lingers. . .what is there to investigate. . .the shooting is not suspect by anyone!!
Clamshell 5 years, 6 months ago
Sorry ... every shot fired by a U.S. cop is investigated. I know this from experience. Some are ruled justifiable, some not. But NOWHERE does a chief of police throw up his hands and say, “There’s nothing I can do.” And that’s what happened here.
TalRussell 5 years, 6 months ago
Yes, yes to identify such poppycock talk, when it was so when we Colony of Out Islands former policeman's commish's - had indeed "booted" officers they had deemed be in misconduct and betrayal PeoplesPublicTrust, yes, no...... Case in point - .comrade commish Greenslade, 'fired' 13 policeman's from the ranks Colony Out Islands policeman's force in 2016 for misconduct and betrayal of the public trust.... .and the commish commented with the booting that, "I make no apologies for I sent them home and I took back PeoplesPublic's uniforms, and asked them not to enter policeman's headquarters again, or any other policeman's place nor property"..... Yes, no to not letting misconduct off the hook, yes,no?
John 5 years, 6 months ago
So a police officer can wrongfully kill someone and keep his job with no repercussions? And the courts can find an officer guilty of wrongful death but cannot penalize him? So what are the requirements to apply to become a police officer again? Seems like being a police officer makes you immune to being punished for committing a crime. You are, in fact above the law.
Chucky 5 years, 6 months ago
what a failure. If an officer unlawfully kills, is this not a crime, i.e. manslaughter or perhaps murder. Surely it is a crime , and surely the officer needs arresting and firing and to face trial.
licks2 5 years, 6 months ago
Then you go as a citizen and have him arrested. . .or better still. . .you and John go and arrest him. . .yall have that right in law ya know!! That officer will have the right to shoot both of you for being jackazzes. . .right to defend himself from two hot headed illiterate law breaking yard chickens who are attempting to take away his right to due process and constitutional freedoms! I een know who ger hide behind whom. . .but I can tell yall there will be some "things" coming yall way. . .followed by a suit. Iffin ya can't hear or choose to act the fool. . .ya ger feel!! Yinna think yall so righteous in ya indignation. . .yinna go arrest him yasef!!
And while ya at it. . .google what a Coroner Court is??? The public prosecutor's office will determine if the officer is changed. . .
John 5 years, 6 months ago
Actually you are the bigger of ALL jacka$$es. First of all the commissioner should NOT have to wait on a coroner's court to determine if one of his officers acted unlawfully. An internal investigation should take place and the officer should be put on leave, pending the outcome of the coroner's court and/or any other legal action that may be taken. And now go check go your mother about the two hot headed illiterate law breaking yard chickens..because one is still missing.
Chucky 5 years, 6 months ago
perhaps murderers are not murderers, but instead, just unlawful killers.
Boy our police force is a waste, other than protect those in power, what good are they.
jackbnimble 5 years, 6 months ago
There are two ways you can kill a person in the Bahamas and get away with it. You can either become a police officer and kill them in the line of duty as you will be investigated by your comrades and will likely get away with it even if the Coroners Court finds you guilty.... OR you can kill in the course of dangerous driving and get the maximum fine of $10,000 and walk away scott free.
Clamshell 5 years, 6 months ago
Hear, hear. Well-said, Jack.
licks2 5 years, 6 months ago
There is now another one around here. . .killing by acting stupid!!
DDK 5 years, 6 months ago
What a crock of pure unadulterated bull! If there is no law on the books that says a murdering aka unlawful killing cop must lose his job, then by damn, pass one. This should be a good bill for Minister Dames to present to the HOA! Be a good legacy for him!
licks2 5 years, 6 months ago
Another chicken head out of the bushes. . .een know what the hell is going on. . .heen read a dang thing. . .mouth running over time. . .brains in reverse gear. . .dumbness as usual!! Carry on there skippy. . . maybe one day common sense will find you sleeping. . .gee ya lil bit!
DDK 5 years, 6 months ago
YOU are a primo sicko!
hrysippus 5 years, 6 months ago
Plicks2 jus love them police. You will not hear any objective or rational comments from him about no police matters. Perhaps he is a retired cop who done his share of police work under cover of the cells in the back of the police station where mo one can hear the screams.
bogart 5 years, 6 months ago
SEEMS WID DA OVERABUNDANCE OF LAWYERS.....STILL QUESTIONS ON MAJOR ISSUES LIKE QUIETING OF PEOPLES LANDS..AS UNFAIR AS I THINK...TO PORE PEOPLE..AN IT STILL EXISTS........AN LIKE .... .SEEMS PUTS 10 LAWYERS IN ONE ROOM .....SEEMS Y.A GETS 10 DIFFERENT ANSWERS !!!!!.....DIS MATTER ...AS ... DONE WID INVESTIGATIONS.ONE SINGLE PART.........DA OFFICER HAS TO HAVE UP AN HAVE HIS LEGAL SIDE HAVE A SAY...ON HIS PART ...
Clamshell 5 years, 6 months ago
Any two Nassau lawyers involved in a case, on opposing sides, will quietly get together for lunch and figure out how long they can stretch it out and how badly they can bleed their clients. Bet on it.
CaptainCoon 5 years, 6 months ago
Monkeys and Baboons at it again.
The worst thing we did was become independent, we can't run a country for crap! SAD!
TalRussell 5 years, 6 months ago
Comrade Capt, imagine what magical windfall influx English Pounds awaits colony's Out Island of FREE port, if FREE porters, offered to grant automatic Out Islander Residency Status to the 40,000 Englishman's and Englishwoman's, threatening go into exile - should England decide leave the EU, yes, no switch over driving on right hand side roads makes ex Brits feel welcomed they new Out Island home, yes, no?
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