This record is a partial extract of the original cable. The full text of the original cable is not available.

191920Z Dec 05

C O N F I D E N T I A L SECTION 01 OF 02 KINGSTON 002728

SIPDIS

STATE FOR WHA/CAR (BENT), INL/LP (BOZZOLO)

E.O. 12958: DECL: 12/18/2015
TAGS: PREL KCRM SNAR JM
SUBJECT: SIX POLICE OFFICERS ON TRIAL FOR MURDER


Classified By: Ambassador Johnson.  Reason 1.5(d)

Summary:

¶1. (C) In late November, six Jamaica Constabulary Force (JCF)
officers, all members of the now disbanded Crime Management
Unit, were put on trial for the unlawful killing of four
people at a home in Crawle, Clarendon in May 2003.  Chief
Judge Lensley Wolfe ruled that the prosecution failed to make
a prima facie case against three of the officers and ordered
the jury to release them.  Deputy Commissioner of Police Mark
Shields advised NAS Director on December 16 that he believes
that all of the officers are going to "beat the rap."
Political Ombudsman, Bishop Herro Blair also advised NAS
Director that he had no faith in the judicial system and
based on what he felt was the prosecution's inability to try
the case, the officers would be back on duty in no time.  End
Summary.

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The Trial
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¶2. (U) Jamaica Constabulary Force (JCF) Senior Superintendent
Reneto Adams, corporals Shenie Lyons, Patrick Coke and
constables Devon Bernard, Leford Gordon and Roderick Collier
are on trial for the May 7, 2003 murder of four persons,
namely, Angella Richards, Lewina Thompson, Kirk Gordon and
Matthew Jones.  Chief Justice Lensley Wolfe and a
twelve-member jury are hearing the case.  On December 12,
Wolfe found that the prosecution failed to make a prima facie
case against Constables Bernard and Collier and Corporal
Gordon and ordered the jury to release them.  The case
against the remaining three officers is expected to be
completed early this week.

¶3. (U) According to the officers' testimony, they went to
Crawle in search of Bashington "Chen-Chen" Douglas, who was
wanted for a number of crimes, including murder. The police
alleged they were fired upon by men in the house and the
police returned the fire and four people were killed during
the shootout.  However, neighbors contradicted the police by
alleging the victims were killed in cold blood.  The Director
of Public Prosecutions (DPP) told the court that the
policemen traveled in a disguised vehicle and after staking
out the house, returned later and opened fire on the
occupants.  Director of the DPP, Kent Pantry stated that
forensic evidence showed that three victims were shot by one
gun.  Pantry also stated that the evidence showed that shots
were only fired from outside the house to the inside.

¶4. (U) Shanice Stoddart, the 11-year old daughter of victim
Lewina Thompson was a key prosecution witness.  Stoddart
testified at the trial that she and Angella Richards were
hiding under a bed in the house when a police officer removed
Stoddart from the house.  The officer put Stoddart in the
yard and told her to look away from the house.  Stoddart
testified that after officers went back into the house she
heard Angella Richards begging for her life and shots fired.

¶5. (U) Jack Craine, a forensic pathologist and professor at
Queens University, Belfast, Northern Ireland, testified that
the wounds sustained by the victims were not typical of those
caused by a shoot-out.  Rather, the wounds were consistent
with having been shot in a controlled way.  In addition,
Craine stated that there was a possibility that victims
Richard and Gordon were shot while lying on the floor.

¶6. (U) Danhai Williams, a controversial "business man" and
People's National Party (PNP) activist, was scheduled to
testify on behalf of the prosecution that he provided the
police officers with the unregistered gun allegedly planted
at the crime scene.  Williams was expected to give evidence
in support of the prosecution's claim that Adams planted a
gun on one of the dead victims.  Williams did not appear at
trial and through a statement made by his attorneys claimed
that he was being harassed by the police and chose not to
make himself available for testimony as it would have caused
him to lie in open court.  (Note: Williams, who is currently
facing charges of defrauding the GOJ in an unrelated housing
construction scheme, is a U.S. green card holder.  Post
believes, however, that Williams has effectively abandoned
his LPR status and we are consulting DHS accordingly.)

¶7. (C) Deputy Commissioner of Police Mark Shields is a
28-year-veteran of the London Metropolitan Police and was
seconded to the JCF as deputy commissioner in charge of crime
in March.  Shields was also the lead investigator in the
Crawle case in 2003.  During a December 16 meeting with
Shields, he stated that he believed all of the officers would
"beat the rap" and that it would be a major turning point for
Jamaica.  He expressed disdain for Adams and stated that it
was his personal and professional opinion that Adams is a
"killer."  He lamented that if Adams is found not guilty and
put back on front-line duty, that Shields would resign the
force immediately and return to the UK.  Shields stated that
he could not "work with someone he knew killed four people in
cold blood."

¶8. (C) In addition, Shields stated that although he does not
have hard evidence, he believes Adams is behind some of the
threats that he has received on his life.  Shields speculated
that even if Adams were to be found not guilty he could be
dismissed from the JCF "for the good of the service."
Shields noted that with the overwhelming amount of evidence
against him, it would be in the best interests of Jamaica if
he were let out of the force.  Shields also alleged that
prosecution witness Danhai Williams was not afraid to appear
in court as he claimed.  Shields opined that Williams has a
lot of backing within the PNP as well as within the JCF and
noted that Williams did not reappear until after the defense
closed its case and that he found that the timing was more
than mere coincidence.

¶9. (C) Peace activist and Political Ombudsman, Bishop Herro
Blair also advised NAS Director on December 17 that he had no
faith in the judicial system and based on what he felt was
the prosecution's inability to try the case, the officers
would be back on duty in no time.  Blair also alleged that
Danhai Williams was not under any threat when he failed to
appear in court and corroborated Shields' statement by
stating that Williams has "too much political power to have
to testify".  Blair stated that if no one is found guilty in
this case, it would be the "go-ahead for vigilantism."

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Comment
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¶10. (C) According to Amnesty International, only one police
officer has been found guilty of unlawful killing in the last
six years in Jamaica.  Piers Bannister, the London-based
researcher on Amnesty's North American team is quoted in the
Observer on June 20 as saying "The police in Jamaica are
immune from effective prosecution and are allowed to carry
out killings with impunity..." Bannister has predicted that
all six police officers will walk and will resume their jobs
soon.  As of now, Bannister is half right.

¶11. (C) There is a general distrust by many in Jamaica of the
police and the judicial system in general.  Some in garrison
communities are fearful of police and see the police as an
enemy.  It is likely that the impunity with which police
officers seem to operate in Jamaica contributes to this
sentiment.  Until officers are held accountable for extra
judicial killings, the public distrust of the police and the
judicial system will persevere.  This lack of faith likely
contributes to the periodic incidents of mob killings, where
many people feel the only justice they will see is that which
they mete out themselves against criminal oppressors.  End
Comment.
JOHNSON