The Tribune

By PAVEL BAILEY 

Tribune Staff Reporter 

pbailey@tribunemedia.net

PRISON Commissioner Doan Cleare claimed his predecessor, Charles Murphy, barred him from the compound shortly after the 2021 general election, days before Mr Murphy was placed on administrative leave and Mr Cleare was appointed acting commissioner.

Mr Murphy has sued the government for sidelining him, and Mr Cleare’s claim came as the trial resumed yesterday.

National Security Minister Wayne Munroe also testified yesterday.

During cross-examination by Romona Farquharson Seymour, Mr Murphy’s attorney, Mr Cleare said he had been on leave since 2018, and it was not until the day after the general election on September 17, 2021, that then Permanent Secretary of the Ministry of National Security, Cheryl Darville, instructed him to return to the prison.

He said five days later, he visited the prison around 3pm, drove around for an hour, collected his uniform, and left. He claimed that when he returned the next day, a gate officer had told him that Mr Murphy had reprimanded him for allowing him onto the property.

Mrs Seymour expressed disbelief that this incident was not mentioned in Mr Cleare’s earlier affidavit suing the government. However, when Mrs Seymour suggested that the claim of being barred from the BDCS compound was fabricated, Mr Cleare disagreed, saying he had discussed the incident with Ms Darville.

Mr Cleare later admitted he had not heard Mr Murphy directly say he was banned from the compound, leading Mrs Seymour to accuse him of relying on hearsay. He denied this and insisted Mr Murphy had given the directive to prevent him from accessing the compound.

When asked if he disliked Mr Murphy, Mr Cleare replied: “I’m trying to get to heaven; I try not to dislike anyone.”

Mrs Seymour questioned Mr Cleare’s truthfulness regarding his feelings about Mr Murphy’s appointment as commissioner in 2019. Mr Cleare said the decision did not aggrieve him, although he was surprised, believing he was the only one qualified for the position based on the government’s posted requirements.

He agreed with Mrs Seymour that he had never guarded a prisoner before 2019. He explained that he initially worked in the IT department at the prison before joining executive management in 2011, then rising to assistant commissioner and later acting deputy commissioner in 2013 under former Minister of National Security Bernard Nottage during a PLP administration.

When Mrs Seymour suggested Mr Cleare had no experience as a prison guard and was merely “pushing paper” before becoming commissioner, Mr Cleare responded: “I would never wish to be a prison officer; I am a correctional officer.”

Mrs Seymour also discussed the legal challenge Mr Cleare made against Mr Murphy’s 2019 appointment. Mr Cleare acknowledged that Wayne Munroe was the principal of the firm representing him in that matter. However, he insisted Mr Munroe did not personally represent him in court and that Donovan Gibson was his attorney. He claimed Mr Munroe had referred him to Mr Gibson because he was busy.

Mr Cleare said the basis of his lawsuit was that Mr Murphy did not meet the minimum requirements for the position, so he sought to have the decision affirming Mr Murphy’s appointment overturned. He also expressed frustration over being placed on leave and assigned to the Churchill Building on Bay Street, where he said he was given “nothing” to do.

Mr Cleare admitted it was not Mr Murphy who placed him on leave and acknowledged that, as commissioner, Mr Murphy could not have ordered his return while he was on leave from the ministry. He clarified that a prison commissioner can only recommend an officer’s removal from leave to the government.

Addressing Mr Cleare’s claim that staff morale was low when he assumed office in 2021 and that many officers failed to report to

work, Mrs Seymour attributed this to the COVID-19 pandemic.

When asked why he delayed reporting to the prison after the permanent secretary’s order, Mr Cleare said he was working on a drone project and other initiatives for the ministry, which were worth millions of dollars. He said he needed time to complete his turnover notes.

Although Mr Cleare claimed he requested two and a half days to finish

these notes, he admitted to Mrs Seymour that he remained at his position for ten days after the request and did not inform the permanent secretary.

Mr Cleare denied Mrs Seymour’s suggestion that he delayed his return because he did not want to work under Mr Murphy, though he admitted he believed he was better suited for the role.

Mrs Seymour suggested that Mr Cleare had the freedom to report to work whenever he wanted because of his political connections in the PLP, which Mr Cleare strongly denied.

Mrs Seymour then pointed out that no prisoners escaped during Mr Murphy’s tenure, but a Jamaican inmate escaped while Mr Cleare was in charge. Mr Cleare confirmed the escape but said it occurred while he was on vacation, and Bernadette Thompson-Murray was acting commissioner.

Mrs Seymour questioned Mr Cleare’s knowledge of running a correctional facility, suggesting he struggled with basic information, such as the hours of prisoner release under the Correctional Services Act (2014), which are 8am to 4pm on weekdays. Mr Cleare believed the hours were from 8am to 5pm.

In response to questions about who placed Mr Murphy on administrative leave, Wayne Munroe said the undersecretary handled the matter. When pressed on the public service policy, which requires written notice of leave, Mr Munroe said he was unfamiliar with the policy and described himself as focused on

policy-making, not administrative details.

Mrs Seymour accused Mr Munroe of causing Mr Murphy and his family great shame and embarrassment by placing him on leave after meeting him only twice, but Mr Munroe said he had no way of knowing that.

Mr Munroe claimed he put Mr Murphy on leave to avoid speculation about more serious issues like theft. He also mentioned that three matters under investigation led to Mr Murphy’s leave.

Mrs Seymour claimed Mr Murphy only learned of the reason for his leave from a Nassau Guardian article on October 1, 2021, and that he never received an official written explanation. Mr Munroe responded that he had spoken to Mr Murphy in person, alongside the permanent secretary, and tried to show respect for his 40 years of service.

Mr Munroe admitted telling Mr Murphy before his leave that the Davis administration was not prepared to work with him. He had previously criticised Mr Murphy for his handling of COVID-19 protocols and discipline within the prison.