US embassy cable - 05KINGSTON448

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. 
 
---------- 
Background 
---------- 
 
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." 
 
------------------------- 
Doomed from the Beginning 
------------------------- 
 
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