C O N F I D E N T I A L SECTION 01 OF 02 KINGSTON 000448

SIPDIS

WHA/CAR (BENT, SIEBEL), JUSTICE FOR OPDAT/RLIPMAN

E.O. 12958: DECL: 02/17/2014
TAGS: PREL PHUM KCRM SOCI JM
SUBJECT: COPS ACQUITTED OF MURDER CHARGES IN BRAETON 7


Classified By: CDA Thomas C. Tighe for reasons 1.4 (b) and (d)


1. (U) Summary: On February 11, six Jamaica Constabulary
Force (JCF) officers were freed by a Home Circuit Court judge
in the 2001 murder case of seven young men known as the
"Braeton Seven". Senior Deputy Director of Public
Prosecutions, Paula Llewelyn argued the case for the Crown.
Llewelyn conceded that there was no evidence to link one of
the officers to the shootings and that officer was set free.
After defense attorney Patrick Atkinson made a no-case
submission on behalf of the remaining officers, Justice
Donald McIntosh agreed with the defense motion and directed
the twelve-member jury to return a verdict of not guilty.
While there has been little public opinion regarding the
verdict, some civic organizations vow to continue to apply
pressure on the government to fix what they view as
"vigilante justice" by the police force. End Summary.

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Background
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2. (U) On March 14, 2001, Senior Superintendent of Police
Renato Adams lead a team of more than 60 Jamaica Constabulary
Force (JCF) officers from the now disbanded Crime Management
Unit (CMU) to a house in the Braeton area to arrest
Christopher Grant and other suspected accomplices in
connection with the murder of Police Constable Dwight Gibson,
retired customs officer Dennis Betton and Braeton school
principal Keith Morris. (Note: Although not a defendant in
this case, Adams is awaiting trial in another high profile
case of alleged extrajudicial killing. End Note.) Shortly
after arriving at the house, the police maintain they came
under heavy gunfire and that a shoot-out ensued. After the
event, seven youths were found to have been shot dead: Reagon
Beckford, age 15; Lancebert Clark, 19; Christopher Grant, 17;
Curtis Smith, 20; Andre Virgo, 20; Dane Reynaldo Whyte, 19;
Tamayo Wilson, age 20, now commonly known as the "Braeton
Seven". The men were shot 46 times, 15 of the wounds were to
the heads of six of the victims.

3. Immediately after the killings, the local community
challenged the police version of the events. Witnesses came
forward as well as human rights organizations claiming that
the boys had been captured by police and were begging for
their lives when they were killed. Six officers were taken
off of front-line duty and charged with murder. Amnesty
International's independent investigation of the matter
states in part: "It is difficult to accept that all seven
youths were killed by shots fired from outside the building.
In total, 46 gunshot wounds were found on the bodies and only
22 bullet holes were found in the metal window covers and
doors through which the officers fired. The government
ballistics expert found only three bullet holes in the metal
window covers indicative of shots fired from inside the
house, and one of these was made by a 5.56mm round that did
not correspond to the weapons the police said were found in
the house."

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Doomed from the Beginning
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4. (U) The trial was an uphill battle for Senior Deputy
Director of Public Prosecutions Paula Llewelyn from its
commencement on January 18 as main witnesses failed to show
up for the trial including a detective who migrated to New
Jersey. Another witness, Detective Sergeant Albert Robinson
told the court he absolutely could not recall why he went to
the forensic laboratory and handled one of the firearms after
the killings. The JCF admitted that the crime scene was
severely compromised and the investigators were unable to
establish a chain of custody for the weapons and spent
shells. In an interview with the Observer after the verdict,
Llewelyn stated that in submitting to the court that there
was a case to answer, the prosecution took the view that one
of the witnesses' testimony had indicated that the boys had
surrendered. Physical evidence at the scene showed that over
twenty gunshots hit the house from the outside while only
five came from inside the house. Further, Llewelyn noted,
the prosecution's case could only be as good as the evidence
provided by witnesses.


5. (C) Delroy Chuck, Opposition Member of Parliament and
spokesperson on justice issues stated he knew "not a damn
thing would come of this case." Describing the crime scene
as severely compromised from the very beginning, he also
noted that a strong piece of evidence, three shots into the
floor in a small circular area was an indication that
something was amiss with the officers' story and was
disconcerted that this was never expounded upon at the trial.
Yvonne Sobers, Director for Families Against State Sponsored
Terrorism (FAST) advised Poloff that she firmly believed the
judge never wanted to allow this case to go to the jury. One
of the main pieces of evidence linking the officers to the
shoot-out was not allowed as the judge had ruled that
allowing the evidence would be "tantamount to persecuting the
officers."


6. (C) The Police Federation, the union which represents JCF
officers, is now in discussions with the Police Services
Commission (PSC) and Commissioner Lucius Thomas concerning
the appropriate time for the officers to return to full duty.
The Federation wants to ensure the officers receive
"counseling and reorientation" as they have been on paid
leave for two years, which they have described as a stressful
situation for the officers. Embassy Law Enforcement
Development Advisor (LEDA) has recommended to the
Commissioner a complete internal review and appropriate
administrative action for the officers' failure to secure the
crime scene. Normally the Director of Public Prosecutions
(DPP) recommends disciplinary action if they feel it is
appropriate. Historically the DPP and JCF do not pursue
internal reviews because it is viewed by both establishments
as double jeopardy. LEDA also recommended a review of the
use of force policy be included in reorientation training.
LEDA advised Poloff that although the Police Federation paid
JM$10 million in defense fees, the Ministry of National
Security contributed approximately JM$2 million in a show of
support for the Jamaica Constabulary Force.


7. (U) Alleged extrajudicial killings by the JCF have been a
concern of many civic organizations like FAST, Jamaicans for
Justice and Amnesty International for years. FAST reports
that there have been over 650 instances of police shooting
civilians since 1999, and no convictions in any of the cases.
In another, less publicized case, on February 15 an officer
was cleared of murder charges when Justice Kay Beckford
upheld a no case submission by defense attorneys and directed
the jury to return a verdict of not guilty. FAST Director
Sobers cites in a report on the JCF that the contamination of
crime scenes, intimidation of civilian witnesses, the poor
quality of investigations and the lack of credible forensic
reports are just a few of the reasons why there have been no
convictions.


8. (U) On February 12, one of Jamaica's most wanted men,
Kevin "Richie Poo" Tyndale was captured by JCF officers. It
is alleged that Tyndale was the leader of the Gideon Warriors
gang and ran an extortion racket as well as being linked to
robberies, rapes and killings. After Tyndale was captured,
the front page of local newspapers highlighted "Captured
gangster wet his pants." LEDA confirmed that when Tyndale
was captured, even after he was handcuffed, he begged the
police not to kill him. Officers stated it was amazing to
see a man whose name drives fear into many hearts begging and
pleading for his life and wetting his pants while in police
custody. Sobers advised Poloff that FAST would be submitting
a report on the Braeton case to the Independent Jamaica
Council on Human Rights and request a review of the court
proceedings.


9. (C) Comment: Jamaicans continue to grapple with a murder
rate that in 2004 was the highest in Jamaica's recorded
history. Though they never had a chance to face charges in
court, the Braeton Seven were widely believed to be a
particularly brutal bunch. Against this backdrop, public
confidence in the judicial system has eroded to such an
extent that there was no public outcry at the acquittals; in
the popular view, the accused officers simply dealt with a
dangerous problem in a brutally effective manner. Police
impunity for killing civilians will remain a potential
problem as long as crime scenes are not protected, forensic
evidence is poorly collected, if at all, and incompetent
investigative practices permit interference by accused
officers. While LEDA is making strides in reforming the
Jamaica Constabulary Force, Post will also look to assisting
the judicial system in its efforts to prosecute properly all
types of criminals.
TIGHE