‘We do not investigate based on personality’
Police on Tuesday were forced to defend their clear up rate for murders which they said is “unprecedented anywhere in the world”, having solved 725 murder cases last year.
Commissioner of Police, Major General Antony Anderson and Deputy Commissioner of Police in charge of crime and security, Fitz Bailey, were grilled by Opposition member of Parliament’s Internal and External Affairs (IEA) Committee, Fitz Jackson, during its meeting on Tuesday.
Even while Bailey touted the police’s 50 per cent average clear up rate of all crimes, and Anderson highlighted the capabilities of the Jamaica Constabulary Force’s (JCF) investigative team in solving murders, Jackson was not satisfied by the “impressive” level of clear up, and pointed to “a couple famous non clear up ones like the Germaine Junior murder in Barbican”.
He was referring to the 2016 murder of 51-year-old Germaine Junior, whose body was found in a couch at now disbarred lawyer Patrick Bailey’s Barbican home, with more than a dozen stab wounds and a single gunshot wound to the right side of his head.
Bailey told investigators at the time that he stumbled upon the body shortly after 4:00 am in his living room. The police said that there were no signs of forced entry. The lawyer, who, according to initial reports, slept through the murder, was immediately ruled out as a suspect by the police.
“Let me tell you why I keep reminding [you of] the significance of it. As we seek to improve this country, one of our responsibilities – as a Parliament and all of us in leadership – is to seek to ensure that we don’t crystalise or solidify in the ordinary Jamaican’s mind that there [are] two Jamaicas when it comes to crime and the resolution of murders,” Jackson said.
He argued that some Jamaicans have the perception that some murders are solved more quickly than others, based on the prominence of the persons involved.
Jackson further noted, regarding the Barbican murder case, that he had spoken with the brother of the deceased, who conveyed to him the sentiment of the family that nothing would come of the case “because of who is involved”.
The Parliamentarian stressed that the ordinary man must be made to feel like he can get justice too and it is not only when a known person gets murdered that suspects are apprehended quickly.
“Justice must not only be done, it must also appear to be done, and we know…perception is 90 per cent of it…and it is that 90 per cent perception that prevails and… can be supported by the fact that nothing has happened, nobody got locked up, nobody is gone to prison for committing a heinous thing like murder – that is real, that is not perception,” he argued.
DCP Bailey stressed, however, that the police does not investigate based on personality, but carries out operations based on evidence.
“I am aware of the incident, but as a law enforcement body, we can’t manufacture evidence,” he said.
“We go by the investigative process. We use all the available resources to determine if a crime has been committed. You can go so far and no more as an investigator. I know that is a hot topic, but the facts are just the facts, and we can’t go beyond the facts,” Bailey argued.
Jackson retorted that Bailey’s answer was “perfect”, but stressed that there “are a lot of people out there who because of the non-success of the JCF in these instances are skeptical about how murders are dealt with by the police.”
The legislator further pointed to another similarly questionable murder in Mandeville, Manchester, some years ago, “with some famous names and personalities” but “not one report of any arrest”.
Jackson stressed that issues like these “we can’t allow to die or just roll under the carpet,” further arguing that there is nothing in law preventing the police from giving updates on murders, and beseeched the police to keep the public apprised.
In a previous Jamaica Observer report in 2019 regarding the Germaine Junior case, it was revealed by the police that two men held in connection with his murder had been released.
An e-mail correspondence from the police, a copy of which was seen by the Jamaica Observer, said Junior’s killing had been linked to the Umbrella Gang, which operates mainly in Newlands, Portmore.
“In the matter of Germaine Junior, investigations to date have unearthed several leads which when explored have proven futile. Statements have been recorded from Mr Patrick Bailey at whose home the incident took place as well as a relative of Mr Junior.
“It is theorised that members of the Umbrella Gang which operates in the Portmore area may have committed the murder. Two persons linked to that gang were taken into custody and subsequently released because there was no physical evidence or eyewitness linking them to the scene. Their fingerprints were taken but did not match those from the scene,” the JCF e-mail said.
It added that several case reviews have been conducted under the leadership of the then deputy commissioner in charge of crime and security, Selvin Hay.
“Mr Patrick Bailey was interviewed [again] in May last year, based on information gleaned by investigators. The outcome of that session has not significantly impacted the investigation,” the e-mail read.
The Observer had requested this information in correspondence in November 2017, through the Ministry of National Security’s Access to Information unit, but was told that, if given, the case would be compromised.
Since that time, investigators have withheld information relating to the case, stating only that “investigation is ongoing”.
DCP Bailey, noted that since he took over the deputy commissioner role, he personally, and the team at police headquarters, have had several case reviews to look at the specific matter.
“I have given specific assignments regarding [the case] because for us, we want to be transparent. It doesn’t matter who the person is, and I can speak for the Commissioner, if I may, that we [favour noone]. If you have committed an offence against the State, our duty as police officers is to search for the evidence and ensure that justice is done,” Bailey said.
He added that the matter is not closed and made a call for individuals who may have any information that can assist the police in its investigation to do so.
Commissioner Anderson added that in terms of the broader issue of perception, the public may have a skewed outlook on how the police deals with murder cases.
“So, if they’ve cleared 700 plus murders for the year, a majority of those people are not named or known, but…we have gone out day and night to investigate the people who did something to them and put them in custody. When we started, we didn’t even know who did it. It was the process that led us to that. But the majority of people, the idea that somehow we arrest more quickly, these than others, that’s not the case,” he said.