St. Lucians Looking Forward to Promised Special Prosecutions!

In his Throne Speech delivered before parliament on 17 August 2021, the acting governor general Errol Charles declared: The new government, in recognition of the widespread unprecedented reports of alleged corruption during the term of the previous administration, will appoint a special prosecutor to investigate allegations of corruption in government. This appointment is expected soon to be completed.

Two years later, on 20 November 2023, the Philip J. Pierre government confirmed the Judicial and Legal Services Commission had indeed appointed Justice Robert Innocent as Special Prosecutor. As per a press release from the Office of the Prime Minister, Innocent’s appointment ”underscored the government’s unwavering commitment to addressing cases of misconduct and combating various forms of corruption by persons holding public office.” If indeed there had been actual reported cases of official corruption, other than platform allegations by the Pierre-led opposition while still campaignng for office, they remain classified. The St. Lucia Labour Party had from 2017 referenced what it considered highly suspicious conduct by members of the Allen Chastanet government, egregious conduct the party promised the electorate would be specially investigated should its campaign for office prove successful.

Meanwhile, the following televised address by Prime Minister Kenny Anthony will serve as a reminder of the still unresolved matter of how twelve young men met their deaths—incidents the State Department determined were gross violations of human rights by members of the Royal Saint Lucia Police Force in 2010-11.       

“A few days ago,” said the prime minister in 2013, “I promised I would issue a statement to address the issues of concern and in particular, the reasons for the actions of the United States to disallow the officers of the Royal Saint Lucia Police Force from participating in training programs arranged or financed by the United States. I address you tonight, in fulfillment of that promise. “I have heard those who have argued that a statement should have been made earlier by the government and more particularly, by myself. As I have explained, this matter is exceedingly delicate and complex. It involves several parties. The officers of the Royal Saint Lucia Police Force, the United States government, the Office of the Director of Public Prosecutions, and most importantly, the citizens of our country.

“It is of little value to make a statement to confirm what is already in the public domain, without providing some indication of how the Government plans to resolve the issues which confront us. A solution has to involve all of the parties just mentioned. I shall, therefore, try to be as simple and as clear as possible so that all can understand the issues.

“The current events have their origin in the twelve individuals who were shot and killed by police officers between 2010 and 2011, during the tenure of the government of the United Workers Party. Those killings occurred after the former government launched what was then described in the media and elsewhere as Operation Restore Confidence.

This operation commenced with a dramatic speech to the nation by the former Prime Minister, Hon. Stephenson King, on May 30, 2010. He warned criminals that “there will be no refuge, no stone will be left unturned and there will be no hiding place for anyone.”

“In a further address to the nation on February 13, 2011, he issued another warning to the criminals: ‘They will be hunted down, they will be found, they will be prosecuted, they will be judged and will be made to pay the consequences for the crimes committed against our peace-loving and law abiding people.’ Many would recall that there was in circulation a hit list of targeted persons deemed to be criminals. I recall that while in opposition I had seen such a list. In the aftermath of the launch of Operation Restore Confidence, some twelve persons met their deaths. When the killings occurred, a few in our midst protested. Some, on the other hand, applauded and welcomed the seeming reduction in homicides. Others largely remained silent.

“These killings, already described by some as extra-judicial, attracted the attention of the United States, in particular, that country’s State Department. In its Country Report on Human Rights Practices in Saint Lucia for 2011, the State Department noted that there were twelve potentially unlawful fatal police shootings during the year, some reportedly committed by officers associated with an ad-hoc task force within the police department.

“It is this issue which has pre-occupied the United States, and which has led to the actions taken against the Royal Saint Lucia Police Force. Officials of the United States say they have taken action against police officers because they are bound by a law enacted by the United States Congress. This law, known as the Leahy Law, is named after its principal sponsor Senator Patrick Leahy of the state of Vermont. Essentially, it says the United States shall not furnish any assistance to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights. The law further states that the prohibition just mentioned shall not apply if the Secretary determines and reports . . . that the government of such country is taking effective steps to bring the responsible members of the security unit to justice.  

“The law adds that in the event that funds are withheld from any unit . . . the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice. There is much more to this law but for our purposes these provisions will suffice.

“When these provisions are scrutinized against the actions of the United States, it becomes clear that the United States believes it has credible evidence that the officers of the Royal Saint Lucia Police Force committed gross violations of human rights.

“From the foregoing, the question which should be asked is whether the Government of Saint Lucia has taken or is taking measures to bring the responsible members of the Police Force to justice? Of course, those so-called responsible members would first have to be identified. More pointedly, what do our laws say when unexplained deaths occur?

“Where unexplained killings occur, our law provides for coroners’ inquests to be conducted by a magistrate to determine, if possible, the cause of the death of the subject of the inquest. In the case of the twelve killings mentioned earlier, I am advised that six inquests have been held, that the inquest into the five individuals killed in the police operation in Vieux Fort is underway but remains incomplete.

“Of the six inquests which have been completed, the coroners returned verdicts of death by lawful act. One inquest, I have been advised, has been remitted for a new inquest. Since the United States has decided to impose sanctions on members of the Royal Saint Lucia Police Force, it is reasonably clear that it does not have confidence in the outcome of the inquests to bring those responsible for the killings to justice. Clearly, too, the presumption seems to be that the killings were unlawful.

“As the government said in a recent statement, it is undeniable that it is in our vital interest to maintain close ties of co-operation with the United States in security matters. From its first few months in office, the government has always understood the seriousness of this matter and its implications for the police force and indeed the former UWP Political Directorate.

“The Government of Saint Lucia moved quickly on two fronts. Firstly, recognizing that inquests take an inordinate amount of time to arrive at verdicts, the Attorney General took steps to expedite inquests by appointing additional coroners. This was done by the issuance and publication of Statutory Instruments No 58 of 2012 and No. 126 of 2012. Secondly, the Government of Saint Lucia requested the United States to conduct polygraphs, what is often described as lie detector tests, for senior officers of the Royal Saint Lucia Police Force. I am advised that over forty Gazetted officers and inspectors have undergone these tests but only one, so far, has failed. In every case, these officers were asked about their involvement and or knowledge of the alleged extra- judicial killings. They were also questioned about possible involvement in drugs and corrupt practices and behavior.

“The tests are not over. The Government will also permit the polygraph tests to extend to other ranks, the Special Services Unit as well as other officers assigned to other units of the force. It is now the policy of this government that no officer will be promoted to the rank of a Gazetted Officer unless that officer submits to a polygraph test. In passing, I should emphasize that while these tests are very helpful in arriving at decisions regarding promotions and appointments, they are of no value in our courts of law.

“Indeed, even in the United States their admissibility is not automatic and is decided on a case by case basis, subject to the discretion of the presiding judge who is bound by strict legal guidelines. In Saint Lucia, they may provide evidence of one kind or other but the evidence has no probative value. In other words, the Director of Public Prosecution cannot rely on any evidence obtained as a result of the polygraphing of police officers. So, merely polygraphing police officers is not a solution to the issues we face.

“So far the United States has disallowed several officers from proceeding on further training or participating in programs organized or funded by the United States. This action, as you know, included the Commissioner of Police, who was recently prevented from travelling to the United States to represent regional police commanders at a Conference of Black Police Officers in the United States. Contrary to speculation by some, I wish to make it clear that the US Visa of the Commissioner has not been revoked. This has been confirmed by the United States Ambassador to the Eastern Caribbean, Mr. Larry Palmer, in a telephone conversation with me.

“Yesterday, I was also advised that the United States has gone one step further and suspended all assistance to the Royal Saint Lucia Police Force. I have to admit that the conduct of this exercise has not been easy for the members of the Royal Saint Lucia Police Force. It has pitted officer against officer, led to finger-pointing, accusations and counter accusations. The decision has undoubtedly undermined the morale of the Police Force and tarnished its reputation. Our Police Officers cannot, for example, participate in any program of training in the Regional Security Services (the RSS) once it is funded or organized by the United States. This has led to considerable speculation among members of the units from other member states. Clearly, this is not a happy situation.

“Where then do we go from here? The Government of Saint Lucia is clear that the speculation about these so called extra-judicial killings must be brought to an end. It is in the interest of all concerned that the full facts of what occurred be disclosed, not only to satisfy the United States but, importantly, to clear those officers whose reputations are at risk. In the final analysis, the citizens of Saint Lucia must have confidence in those who are charged with law enforcement. In all of this, no matter how we may feel about those who met their deaths, we cannot ignore the pain and anguish of the families of the victims. They too need closure.

“The fundamental issue is whether these killings were pre-meditated or occurred in the lawful execution of the duties of the officers involved. To help bring resolution to this unhappy episode, the government has taken two further steps. Firstly, the government has invited the CARICOM Implementation Agency for Crime and Security, IMPACS, to identify three senior investigators from the region to investigate the so called extra-judicial killings. The investigators will be asked to evaluate all available evidence and determine whether or not these matters warrant further action. The findings, if adverse, will be forwarded to the Director of Public Prosecutions who has ultimate jurisdiction in criminal matters.

“Secondly, the government will enact new legislation to conduct investigations of the type just proposed so as to ensure that such investigations enjoy the full protection of the law and that the findings of any investigation are lawfully transmitted to the Director of Public Prosecutions. This measure is needed to ensure that a mechanism exists to deal with such situations in the future, should such unexplained or suspicious deaths occur.

“As I said earlier, I am fully aware that this is an exceedingly anxious period for the men and women of the Royal Saint Lucia Police Force. Some criminals may well feel that this is a moment to strike to undermine the excellent work that has been done over the past few months. I urge the police to remain calm but firm, vigilant, steadfast and uncompromising in the fight against crime in our country. The criminals in our midst must not be given any solace or sympathy. Meanwhile, I wish to reassure our citizens that the government will continue to work closely with the United States to resolve this issue and on security matters generally, in much the same way that we have done over the past few years. Saint Lucia values its close co-operation with the United States in security matters. Without this understanding and co-operation our borders can never be secure.

“When this is over, there can be little doubt that a monumental task will confront us to restore confidence and cohesiveness to the force. At times like these, speculation will be rife but we must follow the rule of law as enshrined in our Constitution. There can be no other way. We now reap the harvest of rash decisions, particularly by policy makers anxious to gain quick resolutions. Sadly, the reality is that we must tread cautiously in these times, but resolutely and boldly as well. And so, while we still have a cloud of uncertainty above the officers and members of the Royal Saint Lucia Police Force, we must not pander to populist views, but rather, we must follow due process as the rule of law commands us. We must do this not for the Americans but for ourselves.

“My government will remain fully committed to the maintenance of the law and order, by all citizens, irrespective of their position or status, civilian or otherwise. I thank you and good night. May God bless each and every one of you.”

Some two years later, Prime Minister Anthony again addressed the nation on the contentious human right’s issue. This time he concentrated on the shocking result of the investigation he had initiated with the assistance of members of the Jamaica Police Constabulary. Among the more discombobulating disclosures was that local police officers had planted guns at fake crime scenes while their commissioner turned a blind eye. Also, that crime in Saint Lucia was largely facilitated by government officials and other politicians, as well as businessmen and rogue cops. It was hardly a surprise when the police commissioner announced his resignation!

Shortly before the 26 July 2021 elections, while the Chastanet-led United Workers Party administration was still in office, the Barbados-based U.S. ambassador Linda Taglialatela paid a special visit to Saint Lucia during which the matter of the suspected gross violations of human rights took center stage. Questioned by the local press about related sanctions imposed under the Leahy law relating to human rights violations, she said she’d had talks with the Saint Lucia government on the matter, and now it remained for the local Director of Public Prosecutions to satisfy the Secretary of State that due process was underway, at which point normal relations would be restored.

Less than two weeks before Saint Lucians went to the polls, the Director of Public Prosecutions promised in a two-page statement that the coroners’ courts having completed their work, he had made the decision to further investigate with a view to prosecuting five particular matters related to the 2010-2011 suspected police executions. Almost three years later, there has been no further word on the subject. In the meantime, Saint Lucians also await news concerning the recently appointed Special Prosecutor’s latest assignment. In 2011 he had presided over a coroner’s court that held three police officers accountable for their roles in at least one of the earlier cited gross violations of human rights. By the look of it, 2024 promises to be an unusually busy year for the island’s guardians of law and order—particularly for the offices of the DPP and the Special Prosecutor!