Wednesday, June 15, 2011

Who will prosecute the State?

The Emil George Commission of Enquiry is reportedly recommending that the position of Attorney General be separated from the Justice Ministry and that it be a non-cabinet post.

If it is conceived that this newly separated Attorney General's office will still remains the Government’s chief legal advisor as it presently is, then this is just another game of musical chairs.

A more effective reform of this corrupt and oppressive state machinery would be to create an Attorney General’s Office or a Special Prosecutor, not to legally advise or defend the State (there is already a Solicitor General), but specifically for the purpose of investigating and prosecuting crimes committed by the State. Crimes such as those committed in Tivoli last year --- beginning with an investigation of the prime minister, the police commissioner and the head of the JDF for crimes against humanity --- or criminal negligence according to our local law. It goes without saying that this Attorney General/Special Prosecutor should not be answerable to the DPP. But don’t hold your breath.

The state protects the state and that is the root of so much of the injustice which exists in this country.

For example, politicians from both tribes may have corruptly benefited from the FINSAC debacle but nothing will ever come of it because Audley Shaw is more interested in scoring academic points (not even political points) against Omar Davies rather than going after corruption. What a waste and abuse of taxpayers’ money.

Millions of dollars have being spent on the Dudus Enquiry, the Finsac Enquiry, and even the 2001 Enquiry, all of which resulted in no public official ever being held accountable for anything.

Isn't it obvious that what is missing is that the State refuses to seriously go after its own crimes and abuse of power. And sadly, so-called civil society is politically disarmed and confused about about how to deal with state violence and state corruption.

As for the Emil Georges, until there is a proper accounting and punishment for the crimes committed in Tivoli (not to mention the cloudy stench of corruption that swirls over the head of the entire system), please spare us another charade of state reforms. We have had enough of that.

Lloyd D'Aguilar

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