Mary Francis: Police Should Not Be Judge, Jury—And Executioner!

Do rapists have rights? This was one of the questions posed by presenter Rick Wayne during last week’s episode of his televised talk-show TALK.  The fatal police shooting of Miguel ‘Mad Max’ Edward who, it was alleged, had earlier raped a 105-year-old woman, triggered the question. Edward’s photo featured on social media on Saturday, November 2, with a message cautioning the public to be on the look-out.

At a November 5 press briefing the police stated that Edward was wanted for questioning in relation to an attempted robbery, assault with a firearm and sexual offences. They did not confirm any relationship between Edward and the 105-year-old. According to police, officers confronted Edward at the Rodney Bay Marina’s customs area, as he tried to escape arrest. Additionally, that he attempted to assault one of two arresting officers with a “dangerous instrument” and was fatally shot. As for the “dangerous instrument,” police refused to elaborate.  

Wayne recalled feeling a sense of relief upon first learning what had befallen Edward, the alleged rapist of a woman over a hundred years old. But then, said the TV presenter, it had later occurred to him that Edward was only a suspect and entitled to the constitutional presumption of innocence until declared guilty by the appropriate authority.

Said Wayne: “I wondered whether Edward had in fact raped the centenarian. Did somebody identify him? And even if someone had claimed Edward committed rape, was that enough? The point I want to make here is this—and please don’t even suggest that I have any sympathy for rapists—what I am suggesting is we had better be careful the things we pray for.  “If we are demanding the police shoot people on suspicion, if in all circumstances we applaud them when they shoot citizens, we are inviting more trouble than already we have. We cannot have lawmen behaving at our convenience like killers!”

Mary Francis, a lawyer and co-ordinator of the National Centre for Legal Aid and Human Rights Inc., shares Wayne’s concerns. In an interview with the STAR on Tuesday she said: “Whenever you have such matters,  there must be accountability for any loss of life, regardless of whether that life was taken by the police. There must be accountability and transparency. The duty of the police is to protect life and property. Sometimes doing their duty will require making arrests, charges laid and placed before a court for resolution. The police must realize their authority and power have limits. They cannot act as judge, jury and executioner.”

Francis urged citizens to educate themselves about our system, for their own good. “If an uninformed public applauds the police after every fatal shooting, the result will be further erosion of our justice system. “Today it might be a Miguel Edward with a criminal record, tomorrow it might be a law-abiding family member. When you defend the justice system, you defend it for the sake of everyone.”