Lawyer wants attention paid to who polices the police

Yet another young attorney is appealing for urgent action on the issue of police brutality in the face of allegations from a client about injuries sustained whilst in custody.

Krystal Fenty has joined the ranks of lawyers and activists challenging the structure of the Police Complaints Authority, which she claims “fails to hold officers accountable”. The 29-year-old attorney is even more concerned about the heightened risk posed to persons held during curfew and the uncertainty about whether attorneys can have access to their clients.

In a recent Barbados TODAY interview, Fenty revealed that one of her recent clients who is also represented by attorney Ashley Felix is preparing to take action against the Royal Barbados Police Force (RBPF) on a number of serious allegations. She has also launched an online petition in an attempt to achieve meaningful change on the issue.

Fenty’s client alleged that whilst being held, he was constantly told that he did not need an attorney, although his lawyers were at the front desk of the station. He added that while in custody, someone knelt in his groin, he was constantly struck with a hard book and was told that he would be placed alone in a freezing room until he admitted to the crimes in question.

“He was in pain because he had previous injuries from falling off of a truck. He suffers from migraines and after allegedly being hit in the head ‘constantly’ complained of migraines. So the officers ended up taking him to the clinic,” Fenty explained.

The complaint follows concerns raised by the Barbados Bar Association (BBA) about certain “risks” posed to persons who find themselves in police custody during the curfew hours of 9 p.m. and 6 a.m. The association warned that the exclusion of lawyers from the list of professionals allowed to work during curfews could jeopardize citizens’ constitutional right to an attorney.

In response, Attorney General Dale Marshall argued that unlike in 2020, authorities determined that such an exemption ought not to be extended to approximately 1400 members of a ‘non-essential’ profession.

But according to Fenty, the AG’s position could create a breeding ground for citizens’ rights to be trampled as she and other attorneys received no response after submitting requests for curfew passes.

“I have applied since the end of January and up to this day, I have not been contacted, I have not been called and I have not been issued a pass. So essentially, any clients that I have, I must see during the time that I am allowed on the road,” the attorney told Barbados TODAY.

“When you have a client who has called and said they want their attorney, they don’t have access to their attorney, which is a right provided for by the Barbados Constitution, and that indeed is a problem,” she added.

Police Commissioner Tyrone Griffith and Deputy Commissioner Erwin Boyce were not available for comment when contacted.

Attorney General Dale Marshall said such serious allegations would require much wider discussion than he would be able to engage in when he was contacted by Barbados TODAY.

Allegations of police wrongdoing are currently heard by the Police Complaints Authority. However, the Commissioner of Police maintains oversight of the investigations.

“When you look at how it is structured, attorneys-at-law sit on that board and it is structured well. The problem is that they have no real power, so the act would need to be amended to give them that power to deal with the matter independent of the Commissioner of Police,” Fenty explained.

“Even if there is an ex-police officer, you need somebody who is going to be unbiased, not somebody who is supposed to protect the police officers. Who, then, will protect the civilians of Barbados?” the attorney asked.

Earlier this month, Fenty launched a petition which she intends to hand over to the COP Griffith. Since then, she has received reports from persons claiming that insecticides, bags, books, fists, and feet have all been used on them while in custody. (kareemsmith@barbadostoday,bb)