Yesterday Chief Justice Abdulai Conteh said that the Commissioner of Police's refusal to arrest Constable Jesus Marroquin was inexcusable. As we've reported, the Police Department ignored a directive issued by the Director of Public Prosecutions on November 10 of this year. The directive was to arrest Constable Marroquin and charge him for the murder of Egbert Gordon Jr. Gordon, who was a mental patient, was killed inside a home in the Los Lagos community on September 27th of 2005.
The Gordon family filed an application for judicial review of the Police Department's inaction, forcing police to charge the constable on Tuesday morning, or face embarrassment before the court. And while the police avoided the embarrassment of having the court telling the department to do its job, the Chief Justice still delivered a stern rebuke to the senior command.
In court the Chief Justice made it clear that the DPP's job is to instruct and the Police Department is supposed to arrest, with no room for second guessing. Today commissioner Gerald Westby told us that he respects the CJ's opinion but made it clear that his department was going to arrest Marroquin - eventually.
Gerald Westby, Commissioner of Police
"I must respect the court and my highest regards to the court, I just want to say that I did not publicly at any time said that I would not have charged Maroquinn. And I'd like to also say that I understand and I sympathize with the family because the guy was mentally ill. And we are not afraid to charge our policemen, in the month of October we have charged ten persons without having to consult with anyone. If they are wrong, they are wrong".
Keith Swift,
Was Marroquin charged because the application for judicial review was filed?
Gerald Westby,
"Well not necessarily. We refer charges and that is water under the bridge now, we have already charged him."
Keith Swift,
The Chief Justice said this whole back and forth speaks about the sad state of affairs between the office of the DPP and your office. What do you say to that?
Gerald Westby,
"Well I am hoping that things will improve. I have always worked with everybody and we must respect each office."
Keith Swift,
So things will improve when there is a new DPP?
Gerald Westby,
"I am not saying that at all."
The new DPP will take office in January since DPP Kirk Anderson will leave at the end of this month. As for the situation with Ben Abou-Nehra where the DPP directed that he be charged with murder for the death of Shawn Copious, Westby says that the DPP later agreed that he be charged with the lesser charge of manslaughter. Since then, the DPP has gone on record to say that his office will still indict Abou-Nehra for murder when the case comes up in the January session of the Supreme Court.
