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FM
Former Member

Silence is not always golden

Oct 10, 2020 Dem Boys Seh, Features, Source - Kaieteur News Online - https://www.kaieteurnewsonline...s-not-always-golden/

Dem Boys Seh…

If you see when somebody gets rob and de police come and ask you if you see the person who committed the act, do you have a right to say that you reserve the right to be silent? Dem boys nah think suh.

As far as dem boys know, de law requires you to cooperate with the police. If you see a crime and you keep quiet, then that can be interpreted to mean that you frustrating the course of justice. In English common law, dem does call it perverting the course of justice. In America dem does call it obstructing justice.

De last time dem boys check, a crime is a crime. And de police gat a right fuh investigate any crime regardless of whether it tek place in a constitutional body or not. Fraud is fraud and de police can investigate any fraud. And people obligated to cooperate with de police.

You have a right to remain silent. But if de police believe you have knowledge or ought to have knowledge of something and you nah talking, then dem gat every right to press charges for perverting the course of justice.

Think about what would happen to justice in this world, if everybody could pick up demselves and decide dat dem nah talk wah dem see. The world would end up in chaos and justice would be dead.

It mek dem boys remember the story of a man in an interrogation room.

The man shouted, “I’m not saying a word without my lawyer present.”

“You are the lawyer,” said the policeman.

“Exactly, so where’s my present?” replied the lawyer.

Talk half and leff de other half fuh when you see wrongdoing.

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Police’s reason for detaining Myers a “radical departure” from the truth – lawyer

The Attorney representing the interest of the Deputy Chief Elections Officer (DCEO), Roxanne Myers is refuting claims made by the Guyana Police Force (GPF) as to its reason for detaining the elections official.

The police said this morning that the detainment of the DCEO was not because she chose to remain silent, but because she was a suspect in a “conspiracy to defraud” matter relating to the concluded March 2 General and Regional Elections.

Myers’ lawyer, however, said that such a charge was never put to his client.

See full statement below:

I have read what purports to be a press release from the Guyana Police Force dated October 7, 2020 and which release is titled, “Police Statement Regarding Arrest of Deputy Chief Elections Officer, Ms. Roxanne Myers.”

Might I state categorically that the narration of the police of the events subsequent to Ms. Myers voluntarily attending the Criminal Investigation Department (CID), Eve Leary, is a radical, deliberate, and unfortunate departure from the truth. I remained at CID with Ms. Myers after Mr. Hughes was required to return to the Criminal Assizes. I sat through the police interview with Ms. Myers and remained at the CID up until Ms. Myers was being put into the police van to be taken to the Beterverwagting Police Station.

The interview was captured on video and my narration of the events, as they actually unfolded, can be corroborated by the video recording, pre-supposing that the integrity of the video recording is preserved.

The interview was conducted by Assistant Superintendent of Police (ASP), Mr. Caesar, Head of Major Crimes Unit, who introduced himself in these terms. He introduced Inspector Nigel Stephens as his scribe and Corporal Desmond Johnny as the operator of the video equipment. The interview commenced at 12:07 p.m. This time was relayed to me by ASP Caesar.

I inquired from ASP Caesar at the outset whether Ms. Myers was being treated as a suspect in the commission of any offence. He explicitly responded that she was not a suspect. Mr. Caesar then asked Ms. Myers if she would mind removing her mask briefly to permit the camera to capture her face. He made it clear that this was not compulsory. Ms. Myers politely declined observing that she is sensitive to the Covid-19 risk and wanted to avert any risk.

What follows is a substantively verbatim record of the questions ASP Caesar asked Ms. Myers and her responses:

1. Mr. Caesar: Ms. Myers, are you employed by GECOM?

Ms. Myers: I reserve my right to remain silent.

2. Mr. Caesar: Ms. Myers, are you Deputy CEO of GECOM?

Ms. Myers: I reserve my right to remain silent.

3. Mr. Caesar: Ms. Myers, are you, were you a part of the staff that worked during the March 2, 2020 General and Regional Elections?

Ms. Myers: I reserve my right to remain silent.

4. Mr. Caesar: Ms. Myers, is your office located at Barack and Fourth Streets Kingston, Georgetown?

Ms. Myers: I reserve my right to remain silent.

5. Mr. Caesar: Ms. Myers, could you please state your present address.

Ms. Myers: I reserve my right to remain silent.

6. Mr. Caesar: Ms. Myers, do you have any supervisory control over the… of GECOM Headquarters.

Ms. Myers: I reserve my right to remain silent.

7. Mr. Caesar: An interview was done with Mr. Keith Lowenfield. Do you know Mr. Lowenfield?

Ms. Myers: I reserve my right to remain silent.

8. Mr. Caesar: In that interview Mr. Lowenfield was asked for certified copies of the SOP used to make two (2) declarations in the March 2, 2020 General and Regional Elections. He said he was on leave and we must ask you for those documents. Are you in possession of those documents?

Ms. Myers: I reserve my right to remain silent.

9. Mr. Caesar: Ms. Myers, the police need those documents to conduct an investigation. Your holding those documents could cause you to be charged for obstructing an investigation.

Ms. Myers: I reserve my right to remain silent.

*Insp. Stephens intervened at this time to clarify with Mr. Caesar whether the documents he is referring to are the SOPs.

10. Mr. Caesar: Ms. Myers, when last you went to work at GECOM office at Barack and Fourth Street?

Ms. Myers: I reserve my right to remain silent.

11. Mr. Caesar: Ms. Myers, are you living at the address on the record at GECOM office for you?

Ms. Myers: I reserve my right to remain silent.

**Mr. Caesar then indicated that was the end of the interview unless Mr. Stephens wanted to ask anything further. Mr. Caesar, especially, was visibly frustrated by Ms. Myers responses. Mr. Stephens signalled to Mr. Caesar for them to speak outside. They asked for an excuse. They returned to the room a few short minutes after.

When they returned to the room Mr. Caesar said as follows:

Mr. Caesar: Counsel, I will not have to put an allegation to your client for perverting the course of justice.

Mr. Caesar: Ms. Myers: It is alleged that you are perverting the course of justice and as such you will be placed in custody. During the course of the investigations we will have persons to confront you with.

Mr. Caesar then invited Ms. Myers to exit the room where he placed her in the custody of Women Inspectors Castello and McBean whom he instructed to book her and take her to Beterverwagting Police Station.

I maintain that at no time did ASP Caesar, Insp. Stephens, or any other police officer, on or off camera, put the allegation of ‘conspiracy to defraud’ to Ms. Myers.

Ronald J. Daniels
Senior Associate
Attorney-at-Law
Hughes, Fields & Stoby

FM

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