OFFICE OF PROFESSIONAL RESPONSIBILITY INVESTIGATING DEATH OF MAHAICONY PROMOTER

OPR still collecting statements as man is buried
-Mahaicony fatal plunge

BY DEVI SEITARAM

The body of 30- yearold Godwin Maxwell, who jumped into the Mahaicony River after attempting to escape lawful custody, was laid to rest on Friday, even as investigations into the ethical behaviour of the policeman who had fired a shot at him are ongoing.

According to police Public Relations Officer Ivelaw Whitaker, the investigation is still ongoing, and he could not make any statements at the time, since this may prejudice the investigation.
Presently, he said, statements are being taken from witnesses to determine exactly what happened. When asked whether the officer in question acted in accordance with standard operating procedures, Whitaker said all he knew of the incident was that the man ran away from the bench and the police gave chase and fired a shot in the process. After that, the victim plunged into the river.

The post- mortem examination showed that Maxwell died from blunt trauma to the head and drowning.

Meanwhile, Divisional Commander Gavin Primo also said he could not pronounce on the matter as he “ does not know anything, except what is in the newspapers.” Mohamed Jameer, the head of the Office of Professional Responsibility ( OPR), which is investigating the custody and handling of the prisoner, in an interview said that statements are still being taken. A formal report will be submitted to the Director of Public Prosecution ( DPP), based on findings of the investigations.

The family of Maxwell is still up in arms over the circumstances surrounding the man’s death. On Wednesday, after the man’s bloated body was found in a decomposing state, an uncle, Wilbert Inniss, speaking to the Guyana Times at the Georgetown Mortuary, said that if the police had dealt with his nephew in a better manner, he would still have been alive today. According to the man, the police acted unprofessionally.

“ The one that shoot could have acted with more restraint. They fired bullets after he when they could’ve come to his rescue.” The uncle further added that the family is relying on the OPR to deal with the offi - cer. “ Even if a man is a criminal, it is the responsibility of the state to protect that prisoner; my nephew was no criminal; he ( policeman) acted unwisely.” Maxwell had appeared at the Mahaicony Magistrate’s Court to answer to nine charges of tax evasion and received bail in the sum of $ 45,000.

However, while police were preparing to process Maxwell, who was sitting on the prisoner’s bench, the man made a bid to escape and eventually plunged into the river. His body was found on Wednesday, a mile away from the police station.

TAKEN FROM GUYANA TIMES SEPT 04 2010.

Uncle of 'tax evader' says he jumped in river out of fear of Police

By Devi Seitaram


The Uncle of the missing Mahaicony man who jumped into the river after being escorted into the Mahaicony police station on Monday said that his nephew may have jumped into the river to save his life after Police opened fire on him while running away from custody while The police Office of Professional Responsibilities have launched an investigation into the custody and handling of the prisoner in this incident.

The man’s uncle Wilbert Inniss speaking to this Newspaper said that his nephew was not suicidal and does not know how to swim. However, he is of the opinion that his nephew plunged into the murky water of the Mahaicony River to save his life from the police who fired at him.

Inniss said that he saw his nephew running towards “the Eastern side of the old bridge with Police calling for back up. “The first Police fire a shot and he asking the other one to bring the big gun.”
Inniss from his Mahaicony home via telephone related that early today his family and friends will form a search party at strategic points along the river to locate Maxwell or his body.

According to Inniss, he was in the courtroom still when he heard a shouting by a person saying “man over board,” followed by loud shots “I was with the magistrate and I heard a man shout man overboard. Then when I run out I see he jump in the river and he hold on on a boat then I jus see he head in the water while the Police still shoot at he,” the Uncle of the missing man related.

Inniss added that throughout the ruckus, the Magistrate yelled “don’t shoot the man.” The distressed man said his family still has hopes of Maxwell being alive but nevertheless has tried to locate Maxwell’s body throughout the day even though it was not an easy task. “The place has lots of obstacles, caz we use hook and thing but it jus catching on obstacles.”

Maxwell has two children, the youngest being 3 weeks old and his reputed wife Patryce Downer. Meanwhile his mother and a brother who is a doctor resides in Barbados are unable to come. Inniss said the man’s mother is “a pressure case and them don’t want she come before something else happen.”

According to Police investigations, at about 1050h yesterday Monday August 30, 2010, Godwin Maxwell, 30 years of Calcutta, Mahaicony, ECD, appeared before Magistrate Haymant Ramdhani at the Mahaicony Magistrate Court on charges of failing to submit tax returns.
He was placed on bail in the sum of $45,000.00 and was escorted by the police from the court room to the Enquiries Office of the Mahaicony Police Station, where he was placed to sit on the prisoner’s bench.

While in the Enquiries Office Godwin Maxwell ran out of the station in a bid to escape during which a shot was fired by the police. Efforts to locate Godwin Maxwell have so far been unsuccessful. The police Office of Professional Responsibilities have launched an investigation into the custody and handling of the prisoner in this incident.

taken from Guyana Times Aug 31 2010

Body of Mahaicony man who plunged into Mahaicony river to escape Police found

The Bloated Body of 30 year old Godwin Maxwell of Calcutta, Mahaicony, ECD who jumped into the Mahaicony River in a bid to escape police custody on Monday was sighted by fishermen early Wednesday morning around 06.00 hrs on a river bed about a mile up the River. According to his uncle, Wilbert Inniss, the body was retrieved around 09.30 hours from the river bed approximately a mile away from the Mahaicony Police station where the man jumped in.

According to Maxwell’s Uncle, the body bore no gunshot injuries and had started to decompose. The Post Mortem Examination was conducted due to the state of the body and Inniss revealed that they were informed that the man died from drowning.

Inniss speaking to the Guyana Times at the Georgetown Mortuary says that if the Police had dealt with his nephew in a better manner, he would have still been alive today. According to the man the Police acted unprofessional. “The one that shoot could have acted with more restraint. They fire bullets after he when they could’ve come to his rescue.”

The Uncle further added that the family is relying on the Office of Professional Responsibility to deal with the officer, “even if a man is a criminal, it is the responsibility of the state to protect that prisoner, my nephew was no criminal, he acted unwisely.”

Other family members however are not taking the matter in stride. According to a female cousin who declined to identify herself, the police was forcing them to bury the dead man on Wednesday “I jus had to tell he is wha he think this is? A piece of old clat that yuh jus shove in the ground?” the woman questioned. She added that the police was trying to force them to store the body at ‘their parlor’ “is like they trying to cover up the whole thing, Godwin done dead cause of them.”

According to Police investigations, at about 10.50 hrs on Monday August 30, 2010, appeared before Magistrate Haymant Ramdhani at the Mahaicony Magistrate Court on charges of failing to submit tax returns.

He was placed on bail in the sum of $45,000.00 and was escorted by the police from the court room to the Enquiries Office of the Mahaicony Police Station, where he was placed to sit on the prisoner’s bench.

While in the Enquiries Office Godwin Maxwell ran out of the station in a bid to escape during which a shot was fired by the police. Efforts to locate Godwin Maxwell were unsuccessful until Wednesday. The police Office of Professional Responsibilities have launched an investigation into the custody and handling of the prisoner in this incident.

Inniss speaking to this Newspaper on Tuesday said that his nephew was not suicidal and does not know how to swim. However, he is of the opinion that his nephew plunged into the murky water of the Mahaicony River to save his life from the police who fired at him.
The man said he was in the courtroom when he heard a shouting by a person saying “man over board,” followed by loud shots “I was with the magistrate and I heard a man shout man overboard. Then when I run out I see he jump in the river and he hold on on a boat then I jus see he head in the water while the Police still shoot at he,” the Uncle of the missing man related.
Meanwhile Inniss said he is satisfied that the body of his nephew bore no gunshot injury or other marks of violence.

Maxwell who is the youngest of four siblings is also a father of two, the youngest being 3 weeks old. He was described by a cousin, Shondell Carol as a “very quiet individual, who was friendly and community oriented.” The Family of the dead man are preparing for the Funeral which is expected on Friday. The body is at the Lyken Funeral Parlor.

Meanwhile Chairman of the Police complaints Authority Cecil Kennard in an invited comment on the circumstances surrounding the man’s death said that the Police was entitled to use reasonable means to recapture a prisoner who attempts to escape lawful custody. Reasonable means could be to shoot the prisoner in the leg or shoot in the air to scare the prisoner making sure that the Police do not shoot to kill him.

The PCA Chairman said that if a police allow a prisoner to escape then he/she should be charged for neglect of duty.

Meanwhile a top Police official said that while the Police have a standing order to guide their operations, shooting should be a last resort. According to the Official, the Standing order is a guideline to the operations of the police when acting under certain circumstances. He noted that the standing order stipulates that in the event of a prisoner attempting to escape, the Police should give chase and try to subdue the prisoner by all physical means necessary.
Shooting should be a last resort he reiterated.

Specifically speaking about the Mahaicony matter, he noted that from a humanitarian perspective, after determining the threat the prisoner poses, the Police acting quickly could have apprehended the prisoner. After jumping overboard, if the water did not pose a threat to the life of the Policeman, he should have attempted to save the prisoner.

The Top cop said shooting was not necessary since the prisoner was not armed. “using a firearm can cause the loss of a life, that is why the standing order should be observed.”


Taken from Guyana Times Sept 01, 2010