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News
BY PETRE WILLIAMS Observer staff reporter  
November 26, 2005

$19m to defend Adams, cops

Government is shelling out a cool $19 million in legal fees for the six policemen accused of murdering the Crawle four, the majority of which, $9 million, will flow to commissioned officer Senior Superintendent Reneto Adams’ lawyers.

The other five policemen – Sergeant Roderick Collier, Corporal Leford Gordon, Constable Patrick Coke, Constable Devon Bernard, and Constable Shane Lyons – all from the federated ranks, get to share the other $10 million.

All six are undergoing trial for the murders of Angella Richards, Lewina Thompson, Kirk Gordon and Matthew Jones, in the Home Circuit Court, under the gavel of Jamaica’s Chief Justice Lensley Wolfe.

Cabinet approved the funds based on applications from the two police groups – the Police Officers Association (POA) and the Jamaica Police Federation, which represents rank and file constabulary members.

The trial is to run for six weeks.

“The POA had approached the government asking for help in providing assistance to Superintendent Adams,” said Gilbert Scott, the permanent secretary in the Ministry of National Security.

“The Cabinet has approved that assistance, which is provided to the POA towards the defence of Superintendent Adams,” he said, adding that a similar request came from the federation.

The six policemen have 11 lawyers between them:

. Adams is being represented by K Churchill Neita QC and Jacqueline Samuels-Brown, assisted by Christine Hudson.

. Coke is represented by Earl Witter and Errol Gentles;

. Devon Bernard by Valerie Neita-Robertson and Gladstone Wilson;

. Shane Lyons is represented by Oswest Senior-Smith and Althea McBean;

. Roderick Collier by Deborah Martin; and

. Leford Gordon is represented by Robert Fletcher.

The monies, the permanent secretary noted, are being paid in installments, and the disbursements are through the respective associations.

“We have a legal agreement with the POA, a sort of formal understanding of the government’s assistance in this regard. We advance it in installments. It is not a one-shot thing,” he said.

As to whether Adams and the other policemen would have to repay the money if they are found guilty of the charges against them, Scott said that such a decision “would depend on a ruling from the Attorney General’s chambers.”

At any rate, he made it clear that the sums approved for the policemen was “not a loan”, suggesting that repayment would perhaps not become an issue.

“The government also provides legal aid to other persons. It is the principle of ensuring representation,” he said.

Typically, the legal costs of policemen are borne by their respective organisations (the POA or the Federation) and in instances where they are exonerated, the organisations are refunded by the government.

The Government, however, opted to pay upfront on this occasion in light of the high legal costs being incurred in the matter, which constitutes one of the island’s more high profile cases in recent years.

“There is a standard policy that officers, who are to face court proceedings for any matter in the line of their duty, if they are exonerated before the courts, any legal costs, on the advice of the attorney general, could be refunded,” Scott explained.

“In this particular case, because of the costs that are involved, the association has sought assistance in advance of the proceedings.”

Acting Assistant Commissioner of Police Leon Rose, who heads the POA, said that his organisation had aided in the provision of financial support for Adam’s legal fees but would not give details as to the exact sum.

“The POA has assisted in this regard,” he said, but retorted “absolutely not” when asked if he would state the precise sum of that support.

He said, in the interim, that their support of Adams had been undertaken in an effort to ensure that he was given the best legal representation possible.

“As an association, once our members’ actions are deemed to be in keeping with their duties then we have a responsibility to see and to cause that those members receive the necessary legal representation. The POA has our own interest in seeing that he is properly represented and we have seen to this,” he said.

He added that Adams had and would continue to enjoy the support of the organisation of officers.

“When Mr Adams was charged the POA issued a statement and we have not retracted that. We said that Mr Adams continues to enjoy the full support of the POA,” he said.

At the same time, he said, he was unaware of whether Adam’s legal costs were being provided through additional sources.

“Outside of the POA and the state’s responsibility I know of nobody else, who has contributed to Mr Adams’ legal defence,” he said.

The five federated members charged are, in addition to the money from the Cabinet, receiving assistance from the Federation. This is being done in accordance with the Federation Fund Rule that provides for such assistance in law, according to Federation president Corporal Raymond Wilson.

“Indeed (they are being given assistance) because even if the Cabinet would have approved anything it is our responsibility and it would be in the form of a refund to us,” he said.

“The Police Federation has an obligation by law that if members find themselves on the other side of the law in the lawful execution of their duty, to assist with legal fees or portions of legal fees or in essence to provide proper legal representation.”

He added that the Federation, like the POA was in the case of Adams, fully in support of their members charged. Wilson said.

“For this case, it is clear that our members were on their lawful duty and as such we are standing behind them and ensuring that they are provided with the best legal team,” he said.

williamsp@jamaicaobserver.com

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