Commission grills top cop on `death squad’ claims
By Ruel Johnson
THE Presidential Commission of Inquiry into the `death squad’ allegations against Home Affairs Minister, Mr. Ronald Gajraj opened yesterday with members grilling Police Commissioner, Mr. Winston Felix on aspects of the case.

Bacchus, a self-confessed `death squad’ informant who leveled the allegations against Gajraj, was shot dead at his home in June this year and three persons have been charged with his murder.

The premier topic of the opening day of the investigation at the Supreme Court Law Library in Georgetown was the controversial life and death of Williams, an alleged member of the `death squad’.

The `death squad’ was blamed for the death of several known and dangerous criminals during the 2002-2003 crime wave centred on the East Coast Demerara. Mr. Gajraj denied claims by opposition parties and other groups that he was linked to the squad and asked to proceed on leave to allow an impartial inquiry into the accusations against him.

Williams achieved some public notoriety when he allegedly shot Rasville food vendor, Rodwell Ogle over $20 he owed Ogle for a box of food in August of 2002. Ogle died some two weeks after the shooting but not before giving a statement to the police claiming that Williams had shot him.

Williams himself was gunned down in December last year.

A controversy then arose over several issues, including the failure of the police to charge him for the death of Ogle; the rescinding of a recommendation from the Director of Public Prosecutions (DPP) to charge Williams with murder, and its subsequent replacement that an inquest be held into Ogle’s death; rumours that Williams was a hit man for an alleged ‘Phantom Gang’; telephone calls between Williams and Minister Gajraj, and the granting of a firearm upgrade some months after Williams was alleged to have shot Ogle.

REALLY UNUSUAL
Asked by Justice Chang if he found that giving a firearm upgrade to Williams was in any way unusual, considering that he was the suspect in a murder at the time the upgrade was issued, Felix said, “My honest opinion is that it was really unusual.”

He said ordinary citizens can apply for handguns falling into either the .22, the .25, or the .32 calibre ranges. Persons eligible for handgun licence upgrades to own a more powerful weapon have to be a pilot, a businessperson operating in a high-risk environment or military personnel.

Questioned by Mr. Massiah on the procedure involved in granting firearm licences and upgrades, Felix said that under the law the granting of firearm licences lies at the sole discretion of the individual Police Division Commander, after an investigation into the applicant.

He said the practice has, however, been for the Divisional Commander to conduct the investigation and then recommend the applicant to the Commissioner of Police for approval.

Felix said he is not aware of any custom or practice wherein a Minister of Home Affairs is required to intervene in granting a firearm licence or upgrade, save under Section 13 of the Firearms Act which says that the minister is the sole authority for granting licences for prohibited weapons, automatic rifles, for example.

He said that regarding Williams’ original licence, it was not found in time for him to submit yesterday to the commission but he would have it submitted shortly.

Asked if Williams was ever charged for Ogle’s death, Felix said, “I don’t think he was charged. There might have been a recommendation that he be charged but that was subsequently changed to a recommendation for an inquest.”

The Police Commissioner said it was not an unusual for the DPP to withdraw one recommendation in favour of another. He said that though it was not common, it did happen from time to time.

He was unsure whether the inquest was done but said that to the best of his knowledge it was not.

Felix said that to his knowledge, the Police Force had no record of any phone conversations between Williams and Gajraj.

DANGEROUS SITUATION
He adamantly stated that the suspected hit man was never part of the Police Force or any of its auxiliary bodies. It was previously widely reported in the media that Williams was an ex-policeman.

On Bacchus, he said the position of the force was that Bacchus had made an initial statement to the police after his brother Shafeek was killed in January. According to the Commissioner, Bacchus made his accusations of `death squad’ compliance and involvement against the Minister of Home Affairs, after which he subsequently disappeared only to surface a month before his execution in June this year.

Asked by Mr. Massiah if the force did not find it feasible to follow George Bacchus around, Felix reported that that move was considered but decided against in light of Bacchus’ claims that he was being watched by armed men. He said that it was not the wish of the force to put its officers into such a clearly dangerous situation.

He said that if Bacchus had gone to the Police Force, it would have offered what limited protection it could.

Concerning the issue of the `death squad’, he said he was cautious in forming an opinion on the matter. He said the only evidence he has to date are two affidavits and a videotape of Bacchus – making allegations about the existence of a `death squad’ – and the testimonies of two women, one of which is hearsay.

He said a second videotape, made by People’s Progressive Party (PPP) Parliamentarian Shirley Edwards, is with CID headquarters where it was submitted. Felix said he has never seen that tape, one in which Bacchus reportedly recants his allegations against Gajraj.

Questioned by Justice Chang about Bacchus’ claim that he was an informant, the Police Commissioner said he had heard this from the Bacchus tape which he has seen. He said that Bacchus claimed to have been supplying information to facilitate the capture of the five escapees of the February 2002 jailbreak.

Mr. Chang asked to whom was Bacchus supplying the information to which Felix responded that it was not the Police Force.

Mr. Massiah reiterated that without adequate witness protection, he was inclined to view the entire process of the inquiry as a farce. He asked whether the opinions of the commissioners were actually being taken seriously.

In his response, Felix stated that the force has always done some amount of witness protection, but did not have the resources to safely cover witnesses whose potential testimony may have as severe implications as that of George Bacchus.

He said that although it was the duty of the force to provide general protection to every member of the society, it could only accomplish this within the guidelines and policy of the government. He said that although the government has been actively exploring the possibilities of an elaborate witness protection programme, there is no allocation in the force’s budget for such a scheme.

He said that most witness protection undertaken by the police has been accomplished by sheer ingenuity.

Felix promised the commission to procure some requested information including the files on the licencing and upgrading of Axel Williams’ firearm; the file on Rodwell Ogle’s death; the file on Williams’ death; and George Bacchus’ original statement to the police.

The hearings are scheduled to continue today, when former Commissioner of Police Floyd McDonald is expected to be questioned by the members of the commission.

Appearing on behalf of Gajraj yesterday was Senior Counsel Mr. Bernard De Santos while replacing former Secretary to the Commission, Mr. Gino Persaud, is law student Ms. Patricia Gittings, currently contracted to the Ministry of Amerindian Affairs as a logistics coordinator.

Persaud is pursuing his Master’s Degree at the University of Bristol in the UK.

Thursday, September 16, 2004