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Police discretion and the law

THE EDITOR, Sir:

THIS IS an open letter to Mr. Francis Forbes, Commissioner of Police:

Are policemen of Jamaica above the Law? On Friday morning February 1, 2002 at approximately 7:30 a.m. I was driving my motorcars along Nelson Mandela Highway heading towards Kingston. There was bumper-to-bumper traffic moving very slowly up to the traffic lights at the intersection of the Caymanas crossing.

On my approach to the light, one of two police officers plus an Inspector of Police pulled me out of the line of traffic. I was told by one of the policemen that my car licence disc had expired at December 21, 2001. I replied that there should be a grace period of one month not realising that ended January 31, 2002. I was advised accordingly, the policeman then informed me that my vehicle would be seized and will be released when it is licensed.

To this I began and pleaded with them for a chance so that they would not seize my vehicle, seeing that I didn't have enough money to license the vehicle and pay the wrecker fee of approximately $3,500 to Lakes Pen impound. Inspector Brown and Constable Christie of the Central Police Station denied this request. Constable Christie then asked me to hand over my car keys to which I objected. He then remarked, "I can take it if I want by searching you. Anyway the wrecker does not need a key to take it to the impound."

Mr. Forbes, I must bring to your attention that when I got stopped, approximately 15 minutes later a Grey 1988/1989 Nissan Sentry was cutting its ways on the inside 'soft shoulder' coming towards us. As the driver appeared closer he apparently realised that officers were ahead. He proceeded to rejoin the line of traffic. When he arrived closer to the officers he was stopped. He was asked by Inspector Brown "Do you know that you were driving on the soft shoulder?" The driver responded, "I know I was driving on the soft shoulder, so?"

By his response to the Inspector I observed that he had on his police uniform pants, boots and a T-shirt. The Inspector and Constable proceeded to advise him that the vehicle he was driving (private) licence #5494 DN was unlicensed. The expiry date was October 31, 2001. By this I was still begging like crazy for a chance, to take the ticket and head straight for the Tax Office and have my vehicle licensed. I even offered to drive it to the impound myself to avoid the wrecker fee. Both officers bluntly denied this.

Accompanying the driver of the Nissan Sentry were female passengers who also work at the SACTF. This observation was made based on the conversation with the officers. I proceeded to mention to the Inspector and Constable that if they gave the policeman a chance they could give me a chance too. The Inspector's response was "Police have discretion to give a chance to anybody they choose to do so, and he giving his 'squaddie' a chance but as for me, none." The policeman in his private car drove off without getting a ticket for:

1. Unlicensed car for three months

2. Driving on the soft shoulder

3. No insurance on motor vehicle

On the other hand, I was given the full brunt of the law because my grace period had expired only a couple of hours (7 1/2 hours).

How can we the general public respect the police, when they blatantly do things like these? The laws that govern the land should be respected by all, including policemen.

Secondly, Mr. Forbes, what authority does a Constable have to ask you for your keys to your motor vehicle and then in turn gives it to the wrecker person?

I am, etc.,

DANIEL COBURN

Park Circle East

Passage Fort

St. Catherine

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