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Response to 'Kern Spencer should resign'
published: Tuesday | April 1, 2008
Devon Dick
Last week Tuesday, a former PNP Cabinet minister telephoned me to register his disagreement with my article that Kern Spencer should resign as member of parliament. His argument was that Spencer was innocent until proven guilty. He also cited the Gleaner editorial, which he said supported his stance. In addition, he cited irregularities in the process, that is, the police did not seek a ruling from the DPP and that the attorneys were not furnished with a copy of the charges. Furthermore, that the JLP was on a witch-hunt.
However, the call is based on the fact that two independent bodies have laid serious charges against Spencer. And those charges could be a severe distraction from executing his duties as a member of parliament. How will he serve his constituents and country effectively with these allegations hanging over his head? Will he continue to be on leave of absence, if the case lasts for another two years?
Furthermore, based on the evidence provided, to which he has not responded, there appears to be mistakes, even if they cannot lead to criminal conviction.
Police being hasty
The article did not mention some of the irregularities in the manner in which Spencer was treated, of which I was aware. It is strange, to say the least, that the police did not seek a ruling from the Office of the DPP concerning the charges laid against Spencer. However, concerning charges brought by a police officer against Daryl Vaz, minister of state, a ruling was sought from the DPP. But I did not perceive anything sinister, I just thought the police was being hasty, as had happened in the Woolmer investigations.
According to Patrick Atkinson, Spencer's attorney, after a month, Spencer has not received a copy of the charges (Gleaner March 27). This is manifestly unfair. I have a good friend who had to appear in court four times over a nine-month period and the case could not proceed because the prosecution had not completed the files. The judges need to get tough on prosecution and stop the abuse of persons' human rights.
In addition, I thought the bail of $10m was excessive. Was there any evidence that if the bail was $2m that Spencer would abscond? And if he is not willing to resign as MP it meant he was not a prime candidate for running away.
Prosecutor
We all know of the practice of the police charging people on the weekend in order that the person spends time in jail. This is wrong. The police should not play prosecutor, jury and judge. I remember being involved in a process to get bail for a relative at the Half-Way- Tree police station a couple years ago, and I was very disappointed with the treatment and the process. We were made to feel that we were criminals before the case was tried. The bail process should be simplified and also be more customer-friendly. In addition, with the advent of night court the hours should be extended wherein one can get bail. Let us remember that police do fabricate evidence and it would be a travesty of justice if an innocent person has to spend time in jail because of a corrupt and inefficient bail system.
Nevertheless, none of the above would alter my position. If the charges were fabricated and or exaggerated and he resigned it would be kudos to him and he would return as a hero. There is a Martin Luther King idea that one should go to prison to demonstrate that a law is manifestly unjust.
I respect those who differ from my position but I still believe Spencer should resign.
Rev Devon Dick is pastor of Boulevard Baptist Church and author of "Rebellion to Riot; the Church in Nation Building."
published: Tuesday | April 1, 2008
Devon Dick
Last week Tuesday, a former PNP Cabinet minister telephoned me to register his disagreement with my article that Kern Spencer should resign as member of parliament. His argument was that Spencer was innocent until proven guilty. He also cited the Gleaner editorial, which he said supported his stance. In addition, he cited irregularities in the process, that is, the police did not seek a ruling from the DPP and that the attorneys were not furnished with a copy of the charges. Furthermore, that the JLP was on a witch-hunt.
However, the call is based on the fact that two independent bodies have laid serious charges against Spencer. And those charges could be a severe distraction from executing his duties as a member of parliament. How will he serve his constituents and country effectively with these allegations hanging over his head? Will he continue to be on leave of absence, if the case lasts for another two years?
Furthermore, based on the evidence provided, to which he has not responded, there appears to be mistakes, even if they cannot lead to criminal conviction.
Police being hasty
The article did not mention some of the irregularities in the manner in which Spencer was treated, of which I was aware. It is strange, to say the least, that the police did not seek a ruling from the Office of the DPP concerning the charges laid against Spencer. However, concerning charges brought by a police officer against Daryl Vaz, minister of state, a ruling was sought from the DPP. But I did not perceive anything sinister, I just thought the police was being hasty, as had happened in the Woolmer investigations.
According to Patrick Atkinson, Spencer's attorney, after a month, Spencer has not received a copy of the charges (Gleaner March 27). This is manifestly unfair. I have a good friend who had to appear in court four times over a nine-month period and the case could not proceed because the prosecution had not completed the files. The judges need to get tough on prosecution and stop the abuse of persons' human rights.
In addition, I thought the bail of $10m was excessive. Was there any evidence that if the bail was $2m that Spencer would abscond? And if he is not willing to resign as MP it meant he was not a prime candidate for running away.
Prosecutor
We all know of the practice of the police charging people on the weekend in order that the person spends time in jail. This is wrong. The police should not play prosecutor, jury and judge. I remember being involved in a process to get bail for a relative at the Half-Way- Tree police station a couple years ago, and I was very disappointed with the treatment and the process. We were made to feel that we were criminals before the case was tried. The bail process should be simplified and also be more customer-friendly. In addition, with the advent of night court the hours should be extended wherein one can get bail. Let us remember that police do fabricate evidence and it would be a travesty of justice if an innocent person has to spend time in jail because of a corrupt and inefficient bail system.
Nevertheless, none of the above would alter my position. If the charges were fabricated and or exaggerated and he resigned it would be kudos to him and he would return as a hero. There is a Martin Luther King idea that one should go to prison to demonstrate that a law is manifestly unjust.
I respect those who differ from my position but I still believe Spencer should resign.
Rev Devon Dick is pastor of Boulevard Baptist Church and author of "Rebellion to Riot; the Church in Nation Building."
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