- •I • •I I I •I I i i i i i i •i REPORT OF THE COMMISSION OF INQUIRY APPOINTED TO ENQUIRE AND REPORT ON THE CIRCUMSTANCES SURROUNDING THE DEATH IN AN EXPLOSION OF THE LATE DR WALTER RODNEY ON THIRTEENTH DAY OF JUNE ONE THOUSAND NINE HUNDRED AND EIGHTY AT GEORGETOWN VOLUME 1 REPORT AND APPENDICES FEBRUARY 2016 I I I I I I i 1- i I i i •i i i I Transmittal of Report of the Commission of Inquiry to enquire into and report on the circumstances surrounding the death in an explosion of the late Dr Walter Rodney on the thirteenth day of June one thousand nine hundred and eighty at Georgetown To His Excellency David A Granger President of the Co-operative Republic of Guyana Your Excellency In my capacity as Chainnan of the Walter Rodney Commission of Inquiry I have the honour to submit the Report of the Inquiry to which the President appointed us by Instrument dated 8'h February 2014 The Commissioners were in the Instrument of Appointment expected to submit their Report within ten I 0 weeks from the start of the Commission The Commission started its work on 28' April 2014 As we understand it the premise infonning the early submission date was that the Commission coming thirty-four 34 years after the death of Dr Valter Rodney and the events surrounding that event would in all probability be supported by only a few persons volunteering to give evidence and or having an interest in this matter That was a wholly mistaken view and the Commission was generously well supported by volunteer witnesses who had relevant and interesting evidence to give Some came from overseas to testify as well In addition to the volume of the evidence that was provided us it is always difficult to schedule hearings with three 3 Commissioners Jiving I 11 I I I i in different jurisdictions and all having professional commitments of their own At times too we have suffered delays because of the unavailability of witnesses to accommodate our timetabling By far however our greatest delay arose from the General Elections held in Guyana on th May 2015 We felt it wise and we were so advised that we should not be sitting while the We therefore parties were electioneering or immediately thereafter adjourned the hearings on March 27th 2015 and did not resume until 27th July 2015 In the end the Commission did not hear from all the witnesses scheduled to testify as the Government brought the Inquiry to a premature end I Fmtunately there was on record enough evidence to make significant findings of fact and some recommendations which we hope will be found useful j For us it has been an incomparable honour to be asked to assist in what we hope will be the resolution of the controversy which has existed ever since 13th June 1980 on the circumstances surrounding Rodney's death i I j We hope that the recommendations made will serve to address if indeed steps to that end have not already been taken many aspects of the operation of the Coroners' Department the Police Force and the Army such that they would improve the speed efficiency and thoroughness with which they undertake their important responsibilities i We hope too that this Report will help to bring closure to the irreplaceable and painful loss suffered by Dr Rodney's family • i i Elsewhere we have expressed our appreciation to a wide range of organizations and individuals who have assisted us in our work Top of that list is the office of the President in the persons of President Ramotar your distinguished predecessor and your esteemed self The Commission has served to unearth a wealth of evidence relating to the circumstances surrounding Rodney's death It has also succeeded in highlighting the need for the improvement of the performance of the Police investigative machinery particularly as it relates to the investigation of serious crimes especially murder Our work has exposed too the weaknesses t I I I of the record keeping of both the Army and the Police If resulting from our work there is a correction of the limitations indicated we feel our work would not have been in vain Please accept Your Excel Iency the assurances of our highest consideration •I e A° -Ce '4_ _ I i SIR RICHARD L CHELTENHAM K A Q C CHAIRMAN • •i ls_ z_ -- '-r ···································· ····························· MR SEENATH JAIRAM S C COMMISSIONER I I t •i I •I Dated the a-lte - day of February 20I6 I I I I I • • • •I i i i • • • • •I TABLE OF CONTENTS CONTENTS Letter of Transmittal PAGE I Table of Appendices IV Table of Abbreviations CHAPTERS CHAPTER 1 Statement of Proceedings and Reasons For Conclusions 1 CHAPTER 2 A Bibliography of Dr Walter Rodney 14 CHAPTER 3 To examine the fact and circumstances immediately prior at the time of and subsequent to the death of Dr Walter Rodney in order to determine as far as possible who or what was responsible for the explosion resulting in the death of Dr Walter Rodney 29 CHAPTER4 To enquire into the cause of the explosion in which Dr Walter Rodney died whether it was an act of terrorism and 1f so who were the perpetrators 60 I I I • •I i • •I CHAPTER 5 To specifically examine the role if any which the late Gregory Smith Sargeant of the Guyana Defence Force played in the death of Dr Walter Rodney and if so to enquire into who may have counseled procured aided and or abetted him to do so including facilitating his departure from Guyana after Or Walter Rodney's death 101 CHAPTER 6 To examine and report on the actions and activities of the State such as the Guyana Police Force the Guyana Defence Force the Guyana National Service the Guyana People's Militia and those who were 1n command and superintendence of these agencies to determine whether they were tasked with the surveillance of and carrying out of 3Ctions and whether they did execute those tasks and carried out those actions against the Political Opposition for the period 1st January 1978 to 31°t December 1980_ 109 i t I I i i • CHAPTER 7 To examine review and report on earlier investigations and inquiries done on and into the death of Dr Walter Rodney 127 CHAPTER 8 Critical Findings and summary on Gregory Smith 143 CHAPTER 9 Recommendations 150 I I •• I I I •I I •I t I I • •I I I APPENDICES Table of Appendices APPENDICES APPENDIX 1 Rules of Procedures APPENDIX 2 List of Witnesses who gave Oral Evidence APPENDIX 3 Names of Counsel who appeared on behalf of Witnesses APPENDIX 4 Correspondence between the President and the Chairman of the Commission I I I I I I I I I I I I •I I • •I I Table of Appendices --- ---------- Worker's Party Alliance WPA People's National Congress PNC Peoples Progressive Party PPP African Society for Cultural Relations with Independent Africa ASCRIA Guyana Defence Force GDF The United Force TUF People Democratic Movement PDM Working People Vanguard Party WPVP Guyana Trades Union Congress GTUC Guyana Agricultural AND General Workers Union GAWU Clerical and Commercial Workers Union ccwc University of Guyana Workers Union UGWU frades Union Congress TUC Indian Political Revolutionary Associates IPRA Organization of Working People OWP Movement Against Oppression MAO Guyana Human Rights Association GHRA Committee in Defence of Democracy CDD Guyana Mining Enterprise Ltd GUYMINE University of Guyana UG Proportional Representation PR I I I I I I • • • • • • •I • • •I I TABLIC OF CONTENTS CHAPTER I - STATEMENT OF PROCEEDfNGS Paragraphs 11point1nent of Con1missio11 of inquiry Note on Background of Appointment 1 1-1 4 1 5- 1 6 I Letters Prior tc Public Hearings 1 7 7 l roce il1ral Rl1les 1 8 3 Public Hearings and Sessions 1 09-1 13 4 l_ re1nature Ter111ination oftl1e Co1nrnission 1 14-1 21 I Change or Government 2 Effect of Premature Termination 3 Role of the Executive 4 Delivery of the Repo1t 5 Secretary to the Commission 1 22 - 1 26 6 Counsel to tl1e Co1nn1issicln 1 27 - 1 28 7 cknowiedge1nents 1 27 - 1 31 i The Attorneys for Interested Parties ii The Commissioner of Police and Security Detail 8 The CAT Reporters 1 32 9 The Govern1nent Infor111ation Service 1 33 10 The Media 1 34 I I Written Material 1 35 I I I I • • •I I I i i i I I i I I I 12 1 36 The Pegasus Hotel CHAPTER 2 - lllULIOGRAPHY OF R WALTER RODNEY Walter Rodney 2 1 ·· 2 3 I Valter The Family Man 2 32 - 2 35 Vhat Factor Informed That Change of Outlook 2 36 4 Reaction to Rodney's Death 2 37 - 2 39 5 The Funeral 2 40 - 2 42 6 Distribution ofNt1rsery Rhyme 2 43 - 2 49 I CHAPTER 3 - TO EXA llNE TllE FACT AND CIRCUMSTANCES IMMEDIATELY PRIOR AT THE TIME OF AND SUBSEQUENT TO THE DEATH OF DR WALTER RODNEY IN ORDER TO DETERMINE AS FAR AS POSSIBLE WHO OR WHAT WAS RESPONSIBLE FOR TllE EXPLOSION RESULTING IN THE DEATH OF DR WAL l'f I J ONJ Y - 'l' J 1 I The Relationship between Rodney The WPA and Jaga11 J The Establishment and Workings of the House Israel 3 13-3 19 - ' Philosophy of the House of Israel 3 20 - 3 27 4 Relationship between the House of Israel and the PNC 3 28 - 3 36 5 The Paramountcy of the PNC 3 37-3 45 6 flaran1ot1ntcy and the pt1b ic bureat1cracy 3 46 - 3 60 7 The Implications of the PNC Rule for Collective 3 61 - 3 70 3 1 -3 12 Bargaining 8 Econon1ic Co11ditions 3 71-3 74 I I I I I • •I 8 flara111ou11tcy and the rrade Unions 3 75 -3 78 ' lr1crcascd Militarization of the State 3 79- 3 85 10 Extra Judicial Killings 3 87-3 101 CHAPTER 4 - To enquire into the cause of the explosion in which Dr Vatter Rod11cy llicd Vhcther it w 1s '1n of terrorism and if so who were the perpetrators - TOR II I Time Place and Cause of Death 4 1 -4 16 7 crhc cause f the cxpJosio11 ·J1e SOL rce of the explosive a11d circu1nstances immediately proximate to its provenance 4 17-4 38 Whether the death of Walter Rodney was an act of terroristn 4 39 -4 47 6 Accident or Deliberate Act 4 48 - 5 60 •I 6 f oJice Investigations 5 6 I - 4 74 7 Impact of Walter Rodney and the activities of the VPA on the State and political paiiies - Motive 4 75-4 100 I CHAPTER 5 - To specifically exa mine the role if any which the late Gregory Smith sergeant of the Guyana Defence Force played in the llcatl1 of Dr Walter Rod11ey and if so to inquire into who muy l1ave counselled procured aided and or abetted him to do so including facilitating his departure from Guyana after Dr Walter Rodney's death - TOR III I I •I • •I I ' The Role of Gregory Smith 5 1-5 22 I I I I I • • • • • • • • • • • •I I CHAPTER 6 - To examine and report on the actions and activities of the St 1te such as tl1e Guyan' l Police Force tl1e Gt1ya11a Defence Force the Gu '·ana Natit nal Service tl1c Guyana People's Militi • and those who Vere in com m 1nd and superi11tendcnce of these agencies to lctermine whether they were tasked with the surveillance of and the carrying out If 1ctions lt11d whctl1er they did execute those tasks and carried out tl1ose t1ctions agai11st the Political Opposition for tl1e period l st J 1nu 1ry 1978 to3J'' December 1980 -TOR IV l xa1nination and report factions and activities 6 1 - 6 36 CHAPTER 7 - To examine and report on earlier investigations and inquiries done on and into the death of Dr Walter Rodney-TOR V l xa1nination and report on earlier investigation Signitica11t Pindings 7 1-7 34 7 35 - 7 41 CHAPTER 8- Critical Findings and Summary on Gregory Smith 8 1 - 8 26 CHAPTER 9 - Recommendations 9 1 -9 12 I I I I I I I CHAPTER I BACKGROUND TO APPOINTMENT OF COl lM ISSION OF INQUIRY circL1tnstances in Jlli111's Street near the GeL1rgetown Prislln c·Juyana in the 1 early night of the 13' day of June 1980 ' l 2 •I • • • • • • • •I I Dr Valter Rodney met his death in violent and controversial l 1 Thirty-four 34 years later anu specifically on the 6' day of fcbruary 2014 the President of the Republic of Guyana established a Con11nissitln of lnqt1iry pursua11t to tl1e Co1n1nissio11 Llf Inquiry Act Chapter 19 03 with the following Terms of Reference set out herein 1 3 The following person were appointed as Commissioners Sir Richard L Cheltenham KA QC Ph D ··Chairman Mr Scc11atl1 Jairam SC Mrs Jacqueline Samuels-Brown QC 1 4 The Terms of Reference of the Commission were as follows 1 1 J l' c1111i11e t 1e jlrcf y a11d circ1tmsta11ces i1nrt1ecliately prior at the lime o and subsequent to the death of' Dr Walter Rodney in order f J cleter1r1i11e c1s _ Qr as is possible iv 10 is Jr • -vhc1t vvas responsible _j Jr tl1e e - j1 rJsiv11 resltlti11g the 1 ___ -- -- -----· i - cleat 1 r · fVcrlter RrJ 11e v Ii 7 J r•11q11ire intlJ lliell 1-rhet 1er it the CllllSC of· the c rjJ r si Jn 111 1v 1ich r rJlf11e_v iV 1S llfl c1ct of tcrtori r111 c111cl 1j· srJ i-1I1 J ivcrc t 1e JJerpetrators 111 l'o s1 ec1jicnl v e X Jlttine tl1e rr e ' '111itlr 'er i ea11t r f-tl1e G11 vt111c1 ' LJr rt-T tcr l rJllne_v fl l lln v vv 1ich the ll1tc fre go1 -iJ l e_j'e11ce Force Jl 1vet in the lit lllh if' so i11c111ire ill iv 10 11 l_V fllll-' -' C Jllnselecl Jroc1trell l1idcrl or lllJe ted h1111 to lfr so 111c 11lli11 ri _f 1cilitatin_r Ii is cle1 art11re _ji·o111 1'11 r1111ll lljfer Jr Jffl1ltcr Jll11ev 's l J 1 IV 'o e xcttnine lllllf report Ol'l t 1e acti JllS fl lJC iViticS r j' fie c t l C s11cf1 c1s tl1e i11_vana lo ice f- r rce 1 1e G11 vc1J1 J Defcr1ce i' Jrce tl1e Cu 'Cltla ' atir r1al S'ec1trity T 1e ill 'ana flerJJJle 's tfilitia c111ll tll Jse 1r 1rJ ivere i11 co1111nanll c111ci s111 eri11tenclence r j' t 1ose Jgencies l J cleter1nine ivhet 1er the1 1 1vere tr1sli ecl it·it 1 tl1e surveillc111cc J fill cc1rr in r nut l f' c1cti Jt1s c111d 1vhet 1er the ' llicl c rec111e tlzr se fll ' 'As file cc1rricll r 11t tlzr se lIC i JllS 11 gai11st the Politiccll OjJpusitiun _f r t 1e jJerincl V J i ' J t lllllr_v 1978 C a1111ru lo 3 J eccrn Jer 19 revic1v Incl re1Jorl rJfl cc1rlier i11vesti ' lllir 11s llllll i11q11iries llt t1e line i11tu the llcath qj' r 1-Valtcr l r r 11ev 2 I I I I I I I I I I I I I I I I I I I I I I I I 1 lr te 011 Bl1clcgrrJ1111ll no ofticial i1ul1lic inL1t1iry into the circumstances surrou11 ling tl1e Liealh _ r l r Valtcr Rodney which occurred some thirty-four 34 years ago 1 6 ·rhere V 1s h 1wever a Coroner's Inquest into l1is -lcath vhich t Jok place son1e eight 8 years afler his death There Vas too a11 i11quiry int -1 his death vhich Vas carried ot1t by the lnter11ational Co1nrnission of Jurists I •I STATEMENT OF PROCEDURES I Letters Prior I 1 7 •i rJ J11bli f earings The Commissioners were determined to build public support ft Jr 1ur task l1y 1nccti11g with persons and 1rganizatic1ns thc it may have lJcen able to assist the public inquiry directly or indirectly Accordingly we held n1cetings Vith the ftJl c_l Ving JJersons • The President of the Co-operative Republic of Guyana • Chief of Staff oft he Guyana Defonce Force • The Leader of the Opposition and or Leaders of the 111a111 JJ Jlilical parties •I I lpplJi11t1ne11t Pritlr t l Ur appointment as a Co1nmission of I11quiry tl1crc Vas 1 5 •l I I I J • The Chancellor of the Judiciary • ' 'he 'tJ111n1issioner of flolicc 3 i ---- -·----------·-- --- I Cali ll f the 'ha tnber l f _' OITilllCrCL • J 'llC • 'he l leaLl rthc ·rrade Jnions C 1ngrcss • llca ls llfn1ajor n lig1nus c1rganizatiL1ns and t r lead l l'thc n1ain ii 1tL'r-rc l igic us L1rgan 1zation unLlcrstanLling lf 1ur rl1lc and function I X I hi ' ln1111issioncrs dr iltell the l LLlcs gLl ·crning the prllCCLlurc ' 11 1 n 1· 1a1 cttl' t I1c _ - pril 201 J co11y· of the J ulcs 1ppLars as ppcnLlix I Ve 1 9 held ih scssilHlS llll the ll1llLl Ving dates 28 April 21114 to 2 lay 2014 27 f 1'1y 2014 to 6 June 2014 23 June 2014 to 2 J ul J' 20 l 4 2lJ July 20 l J to 7 ug t1 t 2014 2 1 ugust2 -i li 29 ugust 2 1-i I I I I I I I I I I I I I I I I I I I I I I I I 20 October 2014 to 7 November 2014 26 January 2015 to 30 January 20 I 5 lJ February 2015 to 20February 2015 23 March 2015 to 27 March 2015 27 July 2015 to 31July2015 28 September 2015 to 2 October 2015 • •i • •i We hear -1 the L ral evidence of S Jlne 31 vitncsscs 29 I I I whom Vere cxa1nined Cf Jss-cxa1nined and rc-cxa1ni11ed vhcre 11eccssary 1 1nong thc1n t vo 2 Vitncsscs were heard i11 -c 1111erc1 at the vitnesses' request In at Uition Ve l1carJ the incomplete evi _lcnce of 2 other witnesses namely Major General Rct'd Norman Mc Lean and Holland Yearwood also called Jo1110 Tl1e list oftl1e Vit11esses wl10 ca1nc before the Co1n1nission appears at Appendix 2 1 1 Ve Vish to say that upon our appointment 'C 'ere concerned a Jout the availability I I • •I tJf Jf tl1e Vitnesses ar1d their me1nories ltaving regard to the lapse of time between the events of 1980 and our appointment Any doubts and concerns which we had were dispelled at an early stage 1 11 t unsel Mr Denbow of the Commission Secretariat assisted by to the Ct In1nission and investigators Vent about the task of ' i 1entifying contacting pcrsuadi11g and interviewing potential witnesses with I zeal skill determination and resoureefolness We were helped too by the lact that we had available to us the record of the Coroner's Inquest proceedings as well as the record of the trial of Donald Rodney before the 5 f iJagistrate l1Url i SL1 available lo l S VllS the rct1orl elf the ft1tcr11atil111 11 Con11nissi I1 t f Jurists vhich visited -Juyana c uring the pcric1tl l4 March to 1 I 7 March I 995 and produced ils Report dated 2' fay I 995 In aliLlitillll even tl1ough 111any individuals vho p ayec I I 2 i111pL1rtant rLilcs in this event arc dead 111any ire std alive Jll l Vere 11rcparcLl tti testify - nd even though some Vere prev'cnted frt In so lloing by the prCI11lllUfC tcrtnination O the on1n1i sion State111ents VCfC pr JVicfeLi l1y them and were available to us i large nu1nber of Vitnes es Vho had not give11 C iidcnce t l 3 previOllsly CC1111C fiJfWl fd Vllluntarity 1 1Cl offCrcLl to testil'y e lrC p 1rticularly grateful to them a11d indeed to all of the wit11esses f r their puh Iic-sp iritcdness 1 3 l rc1nf1ti1re Ter111i11 1fion Of'J'he C rJtn1n1s ·irJr1 1 1c111ge Jj' Jove r11111 e llt 1 14 ·rhe Rodney C_ o111n1ission adjourned its sittings 011 rritlay ilarcl1 27 111 2 was eminent 15 and set n elate 1r its restu11pti lll as the Jenera I Elccti 111 I Thal Election was held on Monday May I l' 20 5 I t result ell in a cl1angc of C_lover11n1cnt I 15 'l'hc present 1 ll111ir1istratinn leel by Prl sielcnt L a icl Jranger 1 detern1inell that the Roclney '0111rnission Votdd G be given l VO 1nl1rc days °Jr i I I I I I I I I I I I I I I I I I I I I I JJublic l1earir1gs - July 27 1h and 28 1h • •I information and further cmTcspondcnce between the Chairman and the President thereon are here exhibited as Appendix 4 I 16 •I i I I •i I • •I Both days were devoted to rece1v111g submissions from Comn1ission cot111sel as well as counsel representing interested parties I I I fhe letter co1n1nu11icating that 2 Effect of Premature Termination I l 7 The decision of the Executive will have implications for the thoroughness and completeness of the report In so far as there were at least I ten IO witnesses still to be heard and who will not now be heard some of the Terms of Reference not adequately supported by the testimony received will so remain 1 18 ln addition the fairness of the report will be impacted as well Some individuals who have been adversely criticized by witnesses in the course of the heari11gs 11ave 11ot been provided an opportunity to a11swer and or comment on those criticisms No adverse findings can in the circ11mstances be inade against tl1osc inc iividuals 1 19 We lee obliged to observe however that it is wholly within the competence of the Executive arm of Government to terminate the public hearings of a Commission That type of action or variants of it is not at all unknown 7 l 2 It 111ust be rcn1cn1bered that C'un1n1iss1t1ns tJJ' rnc1uiry arc 1 creatures 1fthc · xccuti 'l' 'he Exccuti e ar111 1r l J 'Crn111cnt inter alia • I stablishcs ctin1n1iss1tJns • LJctcrntinc • cciL CS their ' 'cr111s Vhtl Jf l'tl lSti UlCS IZclCrcncc the t ld 'h VilJ be lil' _'n111111iSSHlllS c J1a1rn1an • tTangcs Ji 1r the tH 'atil1n ufthc public h1 ·ar1ngs • Pr 1v1dcs the runding • C'o111pcnsatcs thl' 1n1n1issiL1ncrs 011 cr111s 11c u11atcLI vith thc1n 11ril1r 1r the activities llf the SL'cr1 ·tariat to their appcl 11tn1l'nt and inuc11 1norc 1 21 Tl1c 'c1n1111issil111 'as g i 'en Jt the tiutsct until dcli ·er it s l cpl1rt Ill the Prcs1dc11t l r the dates 1r the delivery granted the la - t lr Vhich is l Clll Oil 11 cn1 Jer 3t • 2 15 tl1 l·-l r a 1111sct llany llf rcasl1ns S lle pt rsonal to the in1n1iss1l 1Jers and l thcr related cxtcnsior1s ' 'JtJ _Jf Ill the l 1n11111ssion l c I the cpl1rt have hci n S Jt1ght and ebruary X 2 I 111 8 I I I I I I I I I I I I I I I I I I I •I • • •I •I l 22 tv1r llugl1 Denbo V Vas appoi11tc l as l1ead of the C J11111issit1n's Secretariat and later Secretary to the Commission following the departure or Nicole 11 ierre I Ii Vas a large antl serious task i11volving identifying and st1urcing literalt1re ant t t1cu111cntation relevant to tl1e JlCriod ar1d identifyi11g too and persuading individuals who would be of help to the Commission to testify He Vas rcs1l lnsible too for all tl1e aJ1ninistrative arrange1nents t 1 c11surc the sn10 lth functioning of the Commission 1 24 i Always vtr Denbow busy with matters outside the Commission like the Chairmanship of the Civil Aviation Authority j Jisct1arged his tlt1ties Vith seriousness and diligence and at all times travel arrangements for the L t11nmissioners co1ni11g from Jamaica TriniJaJ I i i Tobago and 13arbados were carefi tlly made The arrangements for our accommodation at the Pegasus Hotel and for our transportation to and f'rom were at all tin1cs lfa high orLlcr 1 25 •I 1r Denbow was assisted at all times by a courteous and efficient staff who constitoted the Secretariat No praise can be too high for the manner in which they performed their duties We were fully satisfied j • • Secretcl1 v f J 1 1e C'r 111111issf J11 1 26 The typing of the Report and its compilation was undertaken by 1ny l ersonal s cretary rvls SOJJhia I1aync She c _1mc to Guya11a ten I 0 Liay·s before the presentation of the llcport and VLlrkcJ for ILl11g ho11rs vith 9 i ' I si11glc-n1indcd dcvc til n an Vitl1 large cllicicncy anli resourci ldncss to ensure that the Report was ti1ithlctlly typed earehtlly arranged and complete Ve are indebted to her _ C Jttn ' eL trJ the C'rJ1111nissio11 1 27 11 31'd N arcl1 2014 llflSCI appoir1tecl tl1 the c lJ Till1issil l1 'ere lvlr Jlcn I-lanornan as r_ead ottnsel together Vitl1 ls J atchinic l ahan1at Attorneys-at-Lu V ls Nicola l'ic11'l VUS appointed as Secretary to the fficc l f the Con1n1issil1n until sl1c relinquished her post tl1 take UIJ 1 the 1ppointn1cnt l1f 01nmissioner c1f Title Judge of tl1e Lanci C oltrt on i l tit ovemher 2014 l 28 Cc 111111issic1n counsel tl101Hrl1 lllJt att 1chetl tc1 the ' on1n1issicJn full ti inc cl id an excellent JOb in as 'listing tl1c Secretariat i11 tal ing iitncss staten1cnts and in L1ucstion1ng the it11csscs 111 t11e cotrrsc of presenting the 1 e 'i lcncc Ve are indebted to them 1 29 are tJthcrs - part ifo111 the persons 111cntioncd in paras 1 15 to 18 there to vhc11n Ve n1t1st cxrJrcss ottr profcJund thanks Jr their assistance duri11g the pcri Jd of the functioning of the c nn1n1issilJl1 10 I I I I I I I I I I I I I I I I I I I I I i I I i i I i i i i • •I i i i G990L- J t11sel j Jr i 1 30 11tcrestecl l arties The i ttorncys for the interested parties helped to make our task 111ore 111anagcablc ·rhis VC fully ap11reciatc ·r11c list of J- ttor11eys is here attached as i ppendix 3 l' 1e CrJ1n111issicJ11er c j'Police t111tl S'ec11rit v ii l 31 Detail The Commissioner of Police displayed a high regard for our safety and security He kept us safe and preserved order during the f roceedings llf the l'o1nmission J t fl ti1ne 'as it necessary IOr us to call tipon Police OfJici rs to preserve order duri11g the Inquiry or tt all l1c forever indebtcti to tht se 111e1nbcrs Jf Ve shall tl1c security detail who re1naincd witl1 us fro111 lJUr first day to tl1e last except for a brief interrupti lO We arc hafJpy tOl to 111cntitlll the tea1n of lrivers who discharged their duties in a punctual and profCssional 1na11ner 8 The CAT Reporters 1 32 ·r11c 11rocccdings of the Co1nmission lf Inquiry were recorded verbatim by a dedicated and seemingly indefatigable group of ComputcrAided Transcriptionists CAT Reporters Every day's proceedings was transcribed and n1ade available ttJ us late the same evening i __ j __________ 11 Ve prl'parl'li thc trc1nscri1 tS 1 l 11 rJ 'Cr11111e11r 11 iJr1 1t1fion 'er ·ici I JJ 11r evenings p11blic hearings 1l' Vish t telecast li 'C Vl'rc ant rt J Catctl later in the thank l'vlr R 1gubir the 11rt1ducl'rS in the stullill the 1 nncra crc 'S and Jlt thnsL 'h i cnsurl'd that lhc public ·ere 1hc rcci111l'11ts 11ltekcasts olhigh qu 1l1ty I i Jlie frdia ur pr icecd1n s 1n public ·ere alsl1 faithf1illy rcpl1rted by the J f 1 r111t 111ellia ·rhe Stabrock Nc 'S Guy·ana hrt1111c c Kaieteur Ne v- ind luyanu ·rin1cs n1 1de sure that they attended each liay 's itting 1 'lin1111ission Ve tl1ank thcin liJr their ct1n11111tn1cnl llr 1hc tll in 'nrn1ing the 11uhlic Ve had vcry fe V cnn1plaints 1bout the accuracy 1r correctness l f their rcp 1rt1ng I 1 l rirre11 ft1ti ric1 J Ve Vere prllVi Cd Vilh copies ol' b Hlks VrittCll llll Jt1yantl t ·on1 llit'fcrcnt pt rspcctivcs St1111e Vere Vr1tten l 1 C 1vcring the 11cri id in 'hich r 'alter - 1dncy ntl' his i lcath They· ·crl' gl'ncrally helpJ'ul 111 1 12 I I I I I I I I I I I I I I I I I I I I I I I • I 'I' 11 istory 1948 - 1993 • Na11Lla I Jl paul - Resistance c 111d Cl1angc ·rhc Struggles of Guyana Vorkers 1964 - 1994 with emphasis on the sugar •I i11 lustry I • Eusi Kwayana - Valter Rodney • Father Andrew Morrison SJ - Justice The Struggle for Democracy in Guyana 1952 - 1992 i •i • Valtcr Rodney - The Struggle Goes On • Sallahuddin - Guyana The Struggle for Liberation I ' 45 - 1992 • Ashton Chase - Guyana A Nation in Transit Burnham's Role • David A Granger - National Defence A Brief History of The Guyana Defence Force 1965 - 2005 i I i • George K Danns - Domination and Power in Guyana A Study of the Police in a Third World Context I 2 Tl1e J_ egc1s11s I f Jtel • • • • •I I Jai Narine Singh - Guyana Democracy Betrayed i Political - 1 36 During llUf hl arings Com1nissioners Vere accl J11modatcd at the Pegasus Hotel We were very comfortable Besides at all times we were made to foci welcome by the management and staff of the facility 13 ______ I CIL PTER 2 2 l lllBLIOC R l'llY ON DR V LTER RODNEY 2 l ll t 1 the Dr 'alter lh1ey' L'l1n1111issil l of Inqtiiry· anll the l cpl r that l lo VS arc 3rgc y ibl Ut Rodney hl V he n1ct his death Vas rcs ll Jlsi 1 e thcrcflJr and Vhcthcr the person rcs11onsil1lc actec_ vhcthcr he vas counseled prtJcurcd aided or abetted In that context I cpt irl Vith a l1i 1graphical 2 3 2 1 llll tn Sl ju ' tification is nccdcl_ lllr nt ltc llll 1 I l 1 2 I le can1e rrll ll a co111111cnc111e l r Etl vard tidney Walter the Jr -'alter 1 n htJllY j l1c ney' Vlll king class li1n1i 1 1thcr l· d var _ ·ns a tailtJr anLI his llt ther 1 au i11c Vere hl th supJ l1rtcrs t ir altJllC cll1 'alter Rollncy ' IS horn in Cicl1rgctll 'n luy 1na • Vhl Llf ' IS five 5 tlll iv larch Si lllS a scanv· tres - is 'he ' the PP 1 ccording tt his tilt er brother _a vrcncc V IS a 'bright htJy' at sclHJlll and g Jt a sch larshi11 tt J uccns l Jllcge the top n1alc high - chool in the country rhere he cxcellcll icat c111ically anti earned l rcputJt un as an uutstanlling dcl1atcr l _ ltcr dstJ hall a11 interest in sports and vas 1 gooJ athlete 2A In l 960 Va tcr gradu itcd first in his cl iss anJ VDll l l chn arship to the University 'ullcge or the 'est ln lics as it Vt S 1q1cn i icn k1Hl ·11 11t tllJna Jan1aica le entered the l istt 1ry l c11art1nc11t 111 graduated ·1th 1-ir- t ' i s lll lOUL'i in J 1J l lJdncy thL'll aticnLle I the SclH1t1l iJf ricnta ant i frican StlKlics a Cl1nstituent C Jl egc tlf the lJni 'crsitJ· 1lf on _kJn Vllcrc at age 24 he reccivcli his 'h I Vi th t fl UfS in rrican 14 I I I I I I I I I I I I I I I I I I I •i History published by Oxford University Press in 1970 i i I i I i I i I I i i i i I Rodney's thesis A Histoiy of the l 1per Guinea Coast was 2 5 i s a student in Ja1naica Valtcr 111ai11tai11cLI his reputation as an lJutsta11Liing lichatcr 13csidcs lie participated in discussi Jl circles 2 6 Wl1cn Walter Vas in LLJnLlon l1is hrc thcr La vre11ce was also there I le testified that they both spoke at Hyde Park and attended meetings at the Vest lndie s Student Centre Besides they attended Pan African type 2 7 syn1J llsiun1 111 l 9 l5 Vhen Vatter Vas in l L1ndor1 he participated in a Lill It Vas during that period that lie c 1me in contact with the prominent West Indian intellectual and political analyst C L R Jan1es a11d bcca1ne 011e of his devoted studc11ts 2 8 Valtcr was multi-lingual He learnt Spanish Portuguese French and Swahili in order to facilitate his research for his doctoral thesis 2 9 The teaching appointment which Valier first accepted was in Tanzania before returning to Jamaica and to tl1c University ot' the West Indies in 1968 as a lecturer in the History Department I ' 2 10 In Jamaica Rodney combined his scholarship with activism and l eca111e a Vl icc fllr the llllller-represe11tccJ anLl the discnfra11chised He bcca111c particularly ck se to the l astathriar1s a11d the J1 1111aican masses to i ----·------------------- liuyana 15 Vh 11n 1e t l k his r11css3ge l f Black J o 'Cr l1lack L ibcrati 1n ancl Blacl c-_ lSCi US lCSS I-le sl1arc _I his knov 'ic- _l1 c or 1 frican hi - t ry Vitl1 then1 nd 11is S Jccches anci lectures t tl1 1sc gr JUl S Vcn pt1blishcci as 'rn1f11lli11gs iVitlr lfv Rr 1tlrers It bce ame a piece l f literature critical to t 1c Caribbean Black Power Movement 2 11 Roch1cy's activities had l1y then 1ltractcci the atte11tion 1f tl1e Jamaica11 Jovcrn1nc11t then headed by Prin1e tvlinister ll11gh Sl1earcr · 11cl alter ath nding tht 11lack Vriters' Co11 Crcnce it1 tvlontreal c anacla in i ' 8 r 1C I1cy iJS banneJ fron1 re-entering Ja1naic l That Liccision attracted consiclerable r ublicity in Jamaica anci bcyon _i It sparke l Vi _lcspread ril1ts in _l revolts in I ingstl111 on October h 11i 19 8 in Vl1at can1e to be kno vn as the Rolinev l iots 12 l lavi11g been cx11e lc i fr JITI Jainaica alter retttrned to ·1·anza11ia ·rhcre he lcctureli fr J111 1968 t J 1974 111cl c 1ntint1e _l his grou11dings in ranzania a11 l l1the r parts of Soutl1t rn 1 lfica f-lt hecan1e deeply involved i11 the Af'rica11 f il1cratio11 Struggles f that era i 11 l that inf1ttencccl l1is SCC nd inajor vork ancl his Jest knu vn J 01ii E'11rope lI11llertlevelopetl frica It vas p11blishccl ii1 Lonc n in 1972 It has since hee n tra11slated into 111a11y languages Father l'v1alcoln1 l oclrigucs tl1c Jesuit priest a11cl lfien l l1f Rodney' testified that 11c n1ct a Pr JCs or fro111 1 11stralia VhlJ inforinccl hi111 that Rl1 lncy Vas rcspectc not only in fi uropi hut in 1 ustra ia as Vell further that the oo c is regar c l Jr ur1_v st1llfc11t 1vli J r1shes us co1n1111 srJrV rclt i11g 10 en1 Jltr r u11 ll st1u v J l_fi·icl 11 -fisto1 v·' 16 I I I I I I I I I I I I I I I I I I I I I 2 13 •t •i I I i i I I t Notwithstanding the pressures in the last year of his life Rocl11ey 1nanagcd to complete four books inclt1 ling an academic work 1 A llistory of the Guyanese Working People 1881-1905 2 A Political Call to Action People's Power 1Vo Dictator and 3 Two children's books I i Kofi Baadu Out of Africa and ii Lakshmi Out of India Other books written by Rodney include 1 1 asses in Actio11 1966 11ze Imperialist Partition of Africa 1970 The Question of Disengagement fi·om Imperialism 19 71 Ta11za11ian Uja111aa and 5'cie11tijic Socialis111 1972 The African Revolution 1972 J l1arxis111 a11tl Aji-ica11 1975 Class Co11tratlictions ill Tanzania 1975 International Class Struggle in Africa the Caribbean anti America 1975 i• t i I i t 17 2 14 l 1dncy Lhrough his Vritings anll his publishing cstabl1s 11 ll tin i11tcl cctu 1I Lraditi Jll Vhich l l ay 111akcs frican 11 1litics and histnr i 1r-l_ s-S _1 aan1 lJl1C or the ccntC rs lJC l'ritica articles Vere Vritten by l l l 11cy tJ l ran1 anian L1jarr1aa in1per1alisn1 unJerck vch1p111c11t and tl1c prl hlL' llS l f State anL class forn1atit111 in frica i ·lany l rthc tirticlcs Vhich vcrc vr1ttcn in 'l'anzania appearcll in ·ta_ji l 1 ji the discussill l jtJurnal nt' the r Nl J ' Juth cagLte at the lJnivcrsity ' I -· pl1litical rclationshiJJS vith thl1se VhL1 Vere -itrug gl1ng to change the external tJntrnl l f rrica 1-Ic vas also very close t J slin1c l f the cadcrs tl ' the lil1cratit1n 111L1ver11cnls in Suuthcrn 1 ll·ica 'l' igcther Vith Jthcr l 1n- l'r1canists he 11articipalcl in lliscussions leading frican l·l1ngress hclL 111 ranzania in l J7 J _ ingress he ·rote a piece l 'f1i cts to the Six th Jl in- tip In preparatJl Il l r the T JJt' lttl i t 1e 'i_ ·t 1 fJa11- 't fi·ict111 '011J ress 1 · t 1e J11ter1111tia11 1 ' t1ss Str11 r le i11 1 fi·ica tire Ca i J 1et111 tt111 ·l111eri£'tl 2 1 11 1974 alter l lJdncy rcLurnl'd tu iuyana tr take up 1n 1ppl intn1l'nt as Pr Jll ss 1r nr I listory at the l nivcrsit tJf c iuy·ana 1 rhc cadcn1ic r3l1ard hall apjl Jllllcd hi111 bLtt thl' l lnivcrsily l'uu111 1l dcscribL'l hy· l' usi l V IJ'an l as a ''f J itict1 J Jl V rescinded that ap11 Jintn1c11L l8 I I I I I I I I I I I I I I I I I I I I I I I I I It is LI political concept developed by Julius Ny l'Crc ofTnn7ania ns crting th 1t a person develops through his con1n1unity 2 17 According to the testimony of the Eusi Kwayana the whole C Jtt11try '1-VllS looki11g fOr ·varcl to Dr YVt1lter Rod11ey even Je_ Ore J1e set JO at in Grtyi111a Ile Cllntinue l J'rom tl1e ti111e lie ivas lJclnr1ed from Jamaica illtd ca111e to tire ll Jtice if tl1e 7ltblic c1s a son abroad lie Yvas a very poprtlar _j 1rce i11 tl1e i1naginafi J1l ancl hec1rrs 2 18 •I o_f the Gu yar1ese people Resulting from the Council's rescission of his appointment the African Society for Cultural Relations with Independent Africa in Guyana ASCRIA decided to develop a national coalition of resistance According to Mr Kwayana the recession of his appointment was seen by ASCRIA as I i I i everybody business In consequence all the political parties were spoken to including the PPP with its large constituency among Indian Guyanese at that time the Working People's Vanguard Party the Indian Political Revolutionary Associates IPRA and the Liberator Party 2 19 Public meetings to protest the rescission of the appointment of Dr Rodney were being held and this raised what Mr Kwayana described as I a storrn and p reat resentment j'rom the Government and they 1ad it be •i knoi v11 that this -i vas 1101 a ivelcomed step 2 20 T11ere Vasi according to Eusi Kwayanai spite fear and hostility to Walter Rodney even bejore his return He attributed this to the i • •I Uj111ncu1 in Swahili 111eai1s 'extended fomily' 'brotherhood' or socialis1n fact that Valter Rodney at the street corners was a very effective person speaker and that Rodney later called the Head of Government king kong and made other remarks to his discredit 19 I 2 2 J 'he j USl ur lsral' as fe cribct 1 strect_j rce Jr t 1e r1' i111e i Jr 1 1e ti111c great rlilc in the attack 1 11 Jll -ry· iVlr l V l i lll l ' lS '-l ii It int he ll'stilil'l that they play·cd a the public 111Lctings and the rt sti ting liisrtl Jti ls tr K ·a -'ana 111 the course his 1cstin1ony rccal t tl tht l r llll'L'ting at 1idt1lc and 'un11nings Streets 111d th it vhcn l1r Jagan ·as l ilki11g the ' 1 'Sl111 t 1 '_ 1111 - peaking in Clcl rgcto Vll '11·11s Dr l va 'ana cxplaincll that J r Jag an riot ti 11·elco111cll tl1i11 i1r t 1e rii'lrlc1l trt1· · 111 J'v1r l va 1ana's Vl rtls ·'rhcrc l 'lIS rhe fJ C' c ts 11 1 e 'i ifitllltC ' i'llr l et11·cet1 tlze J ' 11111 rc i1 1 J 11·11 · 1 1e ri'i l11 i1 ruler 1 11_i·1111l1 ' 1 1e JY -' _' r11 i11 11 r 111r 1i111e i1·irh f1 'rJ-r i1r1ls 111u11 rin· ctJ11 cl 1111 ll rr1 1hc citi uns 11·r _'1Jr cff l1' 1 ·rhat vas part 011· iir Ct' 'f11i111Jeo17 e ff S -'t'11k his inaly·sis llf the pl1litical ituatil1n in Guy·ana 2 23 'he n1ccti11g was dLscribc l by Ntr vay ina as 111 1ssivc cu1d he aLlded that 11r thi11 liA·c it hl1cl Jeen sec11 s1·11ct' 1 ie f _ s rJfJlllar 11r1ife l JJe J 1 es 1 r _ rl' ' 'iii·e fY 1rfl· l c r ' r 1t' s11lit l 'l I -rht puhlil ' n1cctings ·ere dcscril1ct is ht11llls ilt 11·11 fllf l'llL' ' ' elfc fhat lS said Jv1r 'a -'' la Ill 11· il'll r 1l' r 1e l 'll'1 ·rit111 111- i e 11111lti-r11ci11 C ll ' rlC lCC - pectac c lh tl had dic l since 1955 2 2-1- rhc PNC' l clt the urga11ized l'l SpllllSl' ll the Lnivcrs1ty l·l1Unc1 ·s ciccisi J1 ntit lo l ' 1nlirn1 the cal cn11c's l t1 1rd dcl ' isi J l l 1 appl J lt r nLlney lll thl ' ·11 11r in l listury ·as ti c u1 l'll 1 ' anl th il 1IH1 _' 11r ani ing the public 111ec1111g_s had 1u r1 hr r11 ii·t· 1111cro11hti11t' rr1 r 1t'1r 20 I I I I I I I I I I I I I I I I I I I I I I I • •i t ril'l1l 111 l 1ct J fr K vayana n realcd that vl1ile Dr Jagan Vasjt1st opening his s1Jecch i pL1iit cn1a11 ca111e L lJ and st 1p11eLI l1i1n l'acuma Ogu11scyc a 111arket ventlor anti craftsn1an wl10 was also a political activist founding 111c111ber Llf the WPA a11d a cl Jse associate of Dr Rod11cy tried to defend Dr Jagan he Vas charged Vitl1 assaulting a peace officer 2 25 The protest in support of Dr Rodney was not only domestic but according t 1 Mr Kwaya11a it ca111e jl·rJ1r1 £111 aro1lnll the post-coloni£1I 1vorld He rclerred to a letter from Professor Ali Mazrui a Kenyan scholar c1f great e1ni11e11c'e sc11t to the Atnbas sador c1f Guyana in Washington DC to be transmitted to the Government of Guyana pleading that to •i JJerson ltir 1 rhe j nietropolis '' i 2 26 • •i • • •I I-le added tl1at Vhen parapl1rasc l'vlr K Va 1ana the_v clo i11stitutio11s u f· lftlctliries 1101111c1 e 1 1 111istake o _f s 111tti11g Jltl cJ Dr lValter l Jc ne v j rom rl1e Jver11111en1 a · Gu_vc111a gentle1nan l1cco111e just ct t 1e ec 11cc1tio11c1 I le appealed not to let tl1c another e ti e S Jrneiv 1ere in the srJ-callecl Subsequent to his return to Guyana Rodney spent much time educating tl1c 1nasscs in i1ublic mecti11gs vhich 1e saw as a forum for both education as well as agitation He also spoke with smaller groups which were attended by VPA members supporters and others not restricted to those living in Jct rgct Wn I-le was invited to give lectures at the University of Guyana at the request of the University of Guyana VorkeL ' Unio11 I le later cxtc11dcd those cl isscs to bauxite workers in the communities of McKenzie Kwakwani and Everton Additionally he held history classes as his hl JllC 21 ·-·-·· 2 27 - ··------ _ _____ _ Ilodncy furtl1cr cxtcntlc i his CL ucational reacl1 to sugar ' r ers as Veil ·r11ough his vork in that respect was Vrotc Jgunscyc fess iJrn1 1 Llllll less ir1tensive llue lrJ t 1e jl1ct thl1t t 1c l'lllt tr irrJrkcrs 1vure nrJt C Jt1ce11tratecl in J11e place ilce t Je bc111 rite 1t'ork·ers 11 1_vsicl1ll_v I-Ic a 1 lccl that stigar V Jrkcrs Vere histlJrically organized by the l PP and the Vl i an l Rl1Llney i11 orcler to 1n 1intain op11osition unity and avoid antag Jr1izing the J r J l 1vr1s cl1re fi1l to avrJill IJeing seeti 2 28 llS crJurting PPP StlfJJJrJrters Vhen Rodney returned to Guyana in 1975 the WPA was already established I le joined the Patty and though he never held any l1rn1al positi 111 t11crei11 11e Vas rapidly perceivccl l1y t11e n1asscs as tl1c t acJer f the party 1 s tl1e principal spokes1nan or the VJ at a co11fercncc sponsoreu by the Graduate Students of the State University of --Jew York at 8ingha1nto11 and tl1c Institute for Glnbal C'ulttiral StLiLiics in 1986 it1 honL t1r of Rl1dney's liJC Vtlrk Ogunseyc ir1 licatcli that Roliney tolJk the call i11 articulati11g the strategy oftl1c lJarty in the follt Vir1g respects I De-cinphasizing race and ctnphasizing class 2 Understanding that political power would not be achieved by electoral 1ncans 3 Recognizing that the party organization hat to l1c l1otl1 live rt a11d Cl 'Clt 4 Seeing tl1e need to 111ou11t a direct challenge to the sclf'-creatctl i1nagc l l'tl1c dicti 1tl1r Hurnha111 anL 22 I I I I I I I I I I I I I I I I I I I I I I I I I 5 Ilecog11izi11g tl1at tl1c 111asses 111t1st l1c involved in their self- cmanci1 atic n 2 29 llo fncv Vas a 111astcr i11 tl1e art of public speaking a11 l added gu11scye it 1i·t1 · 1is 1villi11 r 11ess t c1ri1 JS en gclf e111e11ts i11 fJ11rsi1it • •I • •I i111cr i i11c1ti Jn a_j· the f J a I· lellli J V e -rc11nple eve11 i11 tl1e 111r1st 1is J Jjectives t 1at e11tire fJltrt 1 c1ncl 1 1e G1ty•c1nese 1nasses c'ltflftlrecl t 1e I tc was a slim man of average height who was easily recognized by his distinctive beard an i l1espectacled visage 2 30 On July I I' 1978 the olfice of the General Secretary of the l'eoplc's National Congress and the Ministry of National Development was destroyed by fire The next day a number of WPA members and supporters Vere detained incltH lcd an1ong tl1ere Vere Dr Rodney Dr tloop11arine and 111a vale pro1ni11cnt activists and intellectuals vho vere _1rrested a11d charged Vith arsL1n i I 2 31 That heightened a process of public confrontation with what Ogunseye termed was t te PNC dictators tip That confrontation ushered in the Civil Rebellion and eventually the death of Rodney on Friday June •i • •I I ----·· l Vn 1 13' ' 1980 at age 38 2 32 VALTER TllE FAl IILY MAN 2 32 Valtcr V Js 1narried to Dr l'atricia Rodney ancl had three children 11 1n1ely Shaku his son and Kanini anct 1 sha his dat1ghters 23 --- Valtcr dici not spencl all L f 1is energies i11 writing 111ol1ilizatiL l1 2 33 dn l ll ctttring Ile vvas a rouncletl n1a11 accL1rding Vas t his Vife l atricia V 10 gC fJd Vith hi I hands and bttiJt ail the lJOOk ' helvc 'i in 1is house ffe V l 'l very in 'olved t l in the lite of 11is cl1ildren and took the in to scl1ool 1nl1st n1 Jrnu1gs c1nd alternateLf with his wi 'e in picking the1n up on evenings Ile eve11 insistccl on con1bi11g the girls' l1 1ir vhich accorcling tLJ his Vifc could not do In fact on the very evening of his death Rodney had earlier attencfccl an event at one of his daughters' 2 34 '·'fie cl1ool Every l''riday evening 11c had a ineeting Vitl1 his children anLi rcv'ic ved Vitl1 thL m their school Vork and cnquirell 110 V they Vere getti11g 11 1 ccorc ling to Patricia he t0 11 the children cvcry vhcrc and thL y c11dcd up f'rcc1ue11tly at tl1e i rchives VVhene 'cr co11veniL nt Sl1 to c io he tolik t 1e111 vith hitn on his visits tl1 Linlfcn 2 35 On the mormng of June 13 11 ' 1980 he took the children lo scl1 0I and rctur11ed 1101ne Vhcrc he and his Vife discussed a recc11t invitatiot1 for hi1n to 'ork at the University in Zimbab ve I-le had in the past ignorecl inany such invitations fn 1n1 other u11iversitics 11 this occasic 111 lie Vas particu arl y keen anc l act11ally decic le l to go to Zi1nhal1 ve evening 2 36 Later t11e 1e Vas dcac i VJJAT FACTORS 1 FORl IED THAT CHANGE OF OlJTLOOK' 24 I I I I I I I I I I I I I I I I I I I I I I I I I 2 36 recently lost a close fellow activist He was aware too of the stresses being felt by his in-litws Vl10 were s11bjected to frequent police visits and searches In addition he felt it necessary for the children's education to be pursued in a11 environment 1nore co11d11cive to learning The dangers of tl1e society were not at all lost on him and in the past he had brushed them aside because he Celt he had a commitment to continue the work he was doing in terms of building the solidarity between the races in Guyana •I • • •I •I • •I I I That seems explainable on several bases To begin with he had And that took precedence 2 37 REACTION TO RODNEY'S DEATH 2 37 The immediate reaction of the Catholic Church to Rodney's death was lo call for Guyanese to refuse to what Father Andrew Morrison SJ in his book JUSTICE Tlte Struggle for Democracy in Guyana 1952 1992 at page 152 called the option of counter violence and to proclaim by ivord and deed their oppositior1 tr1 violence 2 38 Many stirring tributes were paid to Rodney on the day of his interment and the celebrated Barbadian author and friend of Rodney George Lamming in paying tribute declared Today ive 1neet i11 tt clar1geroits land anll c1t the most darigerc1i1s of tin1es Tlze danger niay be tliat t 1e sitprenie atJthority the sttpervising l'o11science oj' tltis nat on hlts L'eased to he amenable to req11ire1ne11t oj' orcli11cir v ht1mart llecency '' 25 i I ------ ______ _ c1n v I I t1 1tcd by I ' it her i'vll1rrisl tl at page 156 l f his book this to S I ' ' lit tfS rltc'l't' 11 tltt'r ' 1s 11i1111ll I f1J 11111 llf 1is ' 11 i11«z lorirJ11s l'llll I 111rJ11· rlt11t SfJt11e11-l1l're lessrJ11_ Jr the 1ni 11i c 1Jtltcrs 2 40 TllE FCNERAL 2 4 Vls l arcn l_ cSl UJ a was nut a n1cn1hcr c f the Vl 1 J hut syn1palh1 tic their cause ancl fullovvcd up their 111cctings She V IS Vas fricncl y lllll Vith 111a11y in the lcal crship of the 'PA 2 4 l She tcstilii cl that the funeral is _i 1v rJ rltc111 s1J i1 1ritv uncl lieji 111ce l1f Roclncy vas 1111 f 'f1J11islii11 rhe licliancc Vas cxp ainct tlll the prcn1i L th rt it Vas 111ade kno vn that to attcnc i l1d11c_i ''s funeral V L risk losing lJne' s j 1b t She J so described the funeral prnccs s1l1n Vhich llll Cll rrlllll ak1ng the L ast oast lnto the city IS t 1c ll IJS ll llS5 1' 1 i 'fJ 11_1· r' I r IC 11 SfJ it t1ri 11 it1 rhe rece11t l1istor_v Jj' 11_ ' I lll 11'ith 1 1·er 3 i11 ler ll1111i e i 1 1rgc nun1her 2 42 1111 11 cvil cncc 2 -H 1J 1rlt J 1 tir I usi f persons catne fr 1111 1nany parts ll ' he V Jrld 1t' ' 'l' ltll ivecl ro i 't1ter he t1 1111trv vavan i lllSTHlllliTIO 'i OF ' LRSEHY HllY IE 26 acc Jrl ing lll the I I I I I I I I I I I I I I I I I L' I I I I I 2 43 ·-r11e early hours Jf tl1e inorn111g followi11g tl1e dcatl1 of Dr streets of Georgetown what appears to be a nursery rhyme It was simply entitled TO WALTER And it was significant that it appeared at a time when the details of his death were not fully known ' I • •I • • • • • • •I I I' Rodney there were distributed in the yard outside of his house and in the · 2 44 The text is as follows ' ' TO WALTER l Hicl ory Dicl ory Doc ' Appointment at 8 o'clock We wot1ldn 't Jriced 110 hail J And this walkie-talkie start talk Rockabye Rodney now lives in the past I J Dispatched to his master so quick and so fast 'f' ' ts 11ever the i11tc11tion That his fiendish invention ' I _ _ Would choose his own lap for the blast '···' I I' Text of a pamphlet that began circulating on the streets of Georgetown early in the morning of Saturday June 14 1980 The lines parody the children's nonsense rhyme llickory Diclwry Doc ' 27 ' -- 2 -J 5 rhc rhvn1c Cl lltains lictJ i s - f l l dncv·- 1lcatl1 sucl1 as its - - nlillcnness Vhich resulted Jf HTI the Valkie-tatkic IL Catcd Jll his lap rctCrc11ce t 'he V fdS 111d Vhich at the ti1ne 'as to Ruc 1a Jve 11 111 tcr the lu lnhy ocka J_vc a1111ear tll 1 J_11 Vhich is Veit knl Vn be a ancl deals Vi th pCl p e i alting rt' 1111 great heights often to their dL tlhs 2 -J 1c rcgarL it is po sthu1n0u i taunt sccking to lllC L k and tri ·ializc J r J u t11 y·'s death 2 -l7 urscry rhyn1cs though L111 cn - ccn as St c y' cntertainnlClll u clJildrc l llil-tiITlCS have hilidcn llC llli lL' S i111portnnt rcc 1rds 2 48 lir Or the l' Jcy can be historical events or propaganda pieces In this cast there appears to be a pr1 paµanda c1 lll 1l lC11t tc1 the rh ''Inc a it rc Crs lo llndncy·s licndi' ih device and the 1111p icd thenry· - cen1s to st1_1 gest that he had t1bta111cd the incendiary llcvicc Ji Jr St tne sinister pt1rpL1se of his 0 ' 1 lt suggests too that he Vas rcsplinsib c i_ r his O vn death 2 49 f lt sce1ns likely that tl1c rhy111c tcn f 11 thl - c V HJ ll l urnhan1 Vas intended lo scnLI a 1nessage referred t J i11 his c11n1111cnt 111 Roll 1CJ''s death as t 1c 111i ' -' 1ti lc1 others It vnuld appL·ar lllt thttt it Va inte11dcLI to dctlcct suspieill I i'r1J ll llthcr persons a11d SL j1 1 lJ l the thesis uf an 1cciL cnt Vh1cl1 'as 'holly ittr1hut 1b c tn IlDdne 28 I I I I I I I I I I I I I I I I I I I ••• ---------·---11 I I I I I _ '' • • •i i • • • • • •I I '' ' I - I ' ' ' ' I _ 29 1 'I Cl Al1'Tlq J l'O l· X 1'11 1 ·r11E F C r I 'll 'l ISf ' 'l· S L L IEl l 'l'F I l'RI 'I' ·r111 l'l 11 F NI St'llSEQl 1 l· 0- '1' l l ·rlIE l E - '1'11 C F l R V J l'Ell ttODNI· · I ' ' t lll ER ' ' l l• 'fER' IINI ' S F R S l'ClSSIBLE 'llt C ll 'JI ' '1 S lll SPt NSll LI FClll 'fill 1 ' XPl t SION lll· SlJl 'l'ING IN '1'111 lll 1 l'll Cll ' l ll -T R t V1 l Tl Il ll ll Nl· Y 1 I I' J I 1 rro1n the YiCtl ry of the I l I in 1953 VJth Jagan and unlicr the san1c root the i hatcvcr scn1blancc f interracial ttnity 111iµht l1avc rcsul ed COilSl llltio11 a by the l urnha1n l1 1l'r iting it Vere Vas shattered foll J 'ing the 1- ritish sus11cnSH tl llf c iuvern1r1cnt llll the split r the PPJl later in I i 1953 3 2 Jagan Vas llirting Vith Clln1n1unis111 tlnll F 11rnha111 vns presented is a liberal Llc1n1Jcr 1t committed to 1 den1ocrc1tic ind constituti lllal 11 1t 1 tel thi CllL ltr y's Licvc 1pn1cnt 1 'hat split in the • cnibtancc Llf ethnic harmcJ l ' Vas further vidcncd Vhcn rn 57 13urr1han1 J JU ll c l the Pc1ip L•s' I l'_llll ress l'NC' ts supJ ort -'as 1nninly an1l1ng rro-CJL1y·c1nt sc at1ona ancl in the urban centres I I I I I I I I I I I l'hc l llJ1 vvas lln the uthcr l1anLI a 111ost cxclus1vel suppcJrtc l l1y the lnJo-Ciuvancsc Jun l in the 1 -i 1vannal1 arctis and the country' llistricts 1 3 lL'tL1r1cs rc lcctcLi the - ubburn cic111ll ra11hic rc3lit ' that lndo-Cluyani 'ic CllllSt1tutcd 5 l of the populntion anL gr - Juy anesc vcrc no n1cJrc 1ha11 1 35 10 In the Jlrst-pass-thc-pust electoral y - lcn1 sucl1 a 11pcratcd in fuvanci i ' JO I I I I I I I I r I I I I I c at the time the JlJ Jl hati a tlisti11ct adva11tagc and could i1ot be easily defeated 3 4 a tnattcr of deep co11ccrn to Washington anti Lontlon lt did not co111e as a sur1 rise whe11 at the fnLlcpc11dc11cc Talks tl1erc was a11 acute divide between the PPP and the PNC and the United Force a third party on the question or •I • • •I I • • •I I I Jagan's procommunist stance in the midst of the Cold War was Vh 1t electoral systc111 should C lJtain in tl1e Cie11i ral clcctio11 insisted uptltl by the British GO 'ernmc11t as a tJrc-condition to indcjJcnLlence 3 5 In the face of deadlock with respect to the electoral system that ' i should be institute j goi11g forward Jagan suggested that the Secretary 1f State for the Colonies should determine the matter He supported the Jpositio11's insistence Jn J rlJpo1iionaJ Rcprcse11tation PR 3 6 What l'R did was to lessen the large electoral divide between the Inda-Guyanese and the Afro-Guyanese ' It provided a third party - ' 'I i namely the United Force led by a Pmtuguese businessman and which was 1·unda111cntally opposed to Jagan's views the opportunity to secure enough scats to join with Burnh i 111 in for1ning the GO 'crn111ent in i 964 and J968 3 7 Ilut when once the coalition between the PNC and the United Force had collapsed and Burnham had exhausted his technique of attracting sitti11g 1ne1nbers f the PJlP to J1is admi11istratio11 i1e ' modalities Vere ' n eLieli to keep a Liistinctly 111i11ority 1Jarty i11 po vcr ' J 31 1 -J 3 8 It Vas in that c Jntext that l3t1rn 1am took i1olitical Ct t1trc1l or tl1c electoral 111acl1i11cry f ay Lli allva11taged the oppositic111 11arties 011 Electio11 tl1rot1gl1 'arlol l tecl1niques or tiouhlful ·validity ra11ging 111 1· frtllll Dvcrseas oting ph lnto111 'Oli11g proxy Vt ting succcc leci in rigging tl1c clectio11s in l968 Ry l 97_1 the inlcrvc11tion cJf tl1c arn1y ancl 11ost li vntit1g I carnc into erfect l'hcreaftcr Burnhan1 anLi the PNC 'OO each a11Ll C 'ery Jenera J- lection tip 13y t 1e ti1ne Dr Rocli1ey rct11rned to live in G11yana i11 1974 3 9 there 11ntit his death in l985 'US evidence ura11 e1nerging Llictator l1ip Rutlney ra11idly stoLJtl tJut as a 1na11 capable Jfbriclging tl1e gap c1f Jt1yancse ui'all ethnicities fie brought ne v life to the J11yana political sce11e Jn adllition he forgcci 1 close working relationship between himself and the WP with Jagan and the PPP cccJrliing to rvtr 'lc1ncnt Rohcc in l1is tcsti1nor1y J 10 1natter o_f rl1e 1tnclcrstc1n ii1155 LJerlvee11 these flV J rncr1 Vll I' ve1 v l11e core rl 11'1e v 11 S J i l visio11 of lVhat they' neeclell to f J z JlV t 1c v 11eeclecl t J 1'rJrk- J11t hcid br Jali tfl JSC cl ffere11ces 11e-- er 11nller1ni11ed tl1e unity nr the visirJ11 rl1c1t tl1ey 1l1 '' l'lley Vere Ct ncer11ec to effect cha11ge t11 itnJJro1 e tl1e 1 l 'e Jein 'i - tl1c 1 1_ 1vnrki11g peorJle J 11 Mr Rohec tiitl not tl1ink there Vas any funlla111c11tal tlif Crc11cc in ideology bcl vecn Roliney a11cl Ja gan Jagan Vas cast i11 the 1noltl llf 1r1 t'sfahlis 1eci C Jlt1tn1cnist lei11Jer anc_f Roci11ey Vas seen as a rcvrJhttion 11 Ientncr 1f Rl1t 1 Vantccl lll ''t1chicve 1111ity j' the 11'orki11g jJeujJ e 11t1ife 32 ' ' I I I I I I I I I I I I I I I I I I I r-------------------I I I I • • • •I I i I t • •I I I I t Jgetl1er and this cottlm Jn vtston to tr1a ce G11yana a Jetter J ace for its _J people that was basically it In terms of tactics they both placed emphasis on worlc 1mong the representative organizatio11s C f the working Jeople vl1ich Vere tr 1de unions anc i the 1nass orga11izatio11s which Rol1ee identified I' as including the farmers and religious bodies As Mr Rohee expressed it - 'tlie w 10 e iclea ivas to ivorlc to create cl Jruad based 11nity I of' these organizations i-vit 1 a com1no11 o J jective of ta cing advantage of tl1e isolation of the PJ VC' and the local condition to n1ak e a change in Government ' I i 3 12 The WPA mainly through Rodney's presence was attracting large crowds to its public meetings And many if not all of these meetings _ j 1 j were disrupted by members of the House of Israel often in the presence of I the Guyana constabulary who did nothing to restrain them 3 13 j THE ESTABLISHMENT AND VORKINGS OF THE HOUSE OF ISllAEL 3 13 The House of Israel was a religious cult founded by David Hill a former civil rights activist in the United States who had taken part in many ·1 protests and demonstrations There in the United States he was convicted of - corporate blackmail and sentenced to twenty-five years in prison ' ' 3 14 He came lo Guyana in January of 1972 while on bail pending appeal and that explains why Eusi Kwayana in testifying about the House of Isr 1el a11d its Je 1der reiCrred to 11i1n as ji1gitive frorn justice' I 'I ' I I _J 33 i 1 J l 15 David Hill called himself Rabbi Edward Washington attracted 1 his relig1L1us scr tices n1ostly thot1gh not cxclt1siv'ely J1l1or uneclucatcLi 111en a11cl Vl11ncn lOr Vho1n lie prov'iclcLi hot1sing at tl1e Ilcadquaiiers of the llouse ol· Israel on Sixth Street and Light Street Albertown I 3 16 The Commission was fortunate to hear from Joseph Hamilton who was actively involved with the cult from 1977 to 1987 except for the · J1Criocl vher1 he Vas Ut of Guyana Vere L f the structure l f the r-re proviLicd an insicler's organiz 1tic1n iJC V as it its guicling pri11ci1Jles its c l1se 1 relationship Vitl1 the PNC nnLl its role in Liisrupti11g tl1c 111eetir1gs l1f 1- 1e ' 1 111position parties partictdar y the Vl_ A Ve accept 1is cvicie11ce as both truthfol and helpful J l 7 l f ivlr l-la1nilto11 Vho was 1 arlia111cntary Secretary i11 the tv1i11istry I-lealth vhe11 he testified i·cvealcll that people of all strato r S Cicty inclucli11g persons vl10 Vere n1e1nbers of the liisciplined fc rces i11 the CC t1r1try Cl lStittitccl the membershi1 of the Hotise 18 l r Israel He rcvea cd tl1at l1cir 1nen1bers received training froin pcrS i111Ci or thL CJU 'ana Defence FL rce so111e f Vho1n Vere 111eml ers f I tl1e I louse l f Israel They Vere too arnong its n1e1nbers scrvicc1nen 1IIL1 policen1e11 both tctivc anU retireLi 'frai111ng in tl1c use or firearn1s anLI bon1b making was provided hy Mr Vycliffl'vlcAllisler 11 l l'J PIIILOSOPllY OF THE HOUSE OF ISRAEL I I I I I I I I I I I I I I ' ' 11 - ---· __ 1 ___ I I I I I I I I I I i I ' I J '' 3 19 The three pillars on which the philosophy of the House of srael Vas based accordi11g to Mr I-Ia1nilton were as follows 1 i That the original Jews were black Africans ii Self love which meant in effect that their members were supportive of one another as people of African descent I iii Reliance on oneself as a peo11le supporting l1usinesses 011e anotl1er 1n ' based on our 'etl1nic origin' J 1 •I for Democracy in Guyana - 1952- 1992 devotes much space - pp 167 to i wets a blaclc man and that tlie rJn y true Jeivs were frican 3 20 175 - to the House of Israel According to him Rabbi Washington preached ll i i I I t i •I Father Andrew Morrison in his book Justice The Struggle strongly racist doctrine talcing li Jerties with the bible to prove tliat Je sus 3 21 Of the Rabbi he wrote that he claimed to be more than Elijah he was God le would tell his cheering congregation the real God strike me down if I I J J J am not God let From his followers he demanded and j received total submission I-le in turn exercised total control over the most important areas of their lives i For example they had to obtain his _j permission to accept employment to form love relationships to marry and f even lo discipline their children And Father Morrison reported that while _J visiting him while reporting for the Catholic Standard he heard members greet Washington as hail 1 1aster'' ' - 35 l J ' 3 22 t ilr llair1dtl ll JflCrcd so111e insighl intl the structure f tl1c Ile testi icll that tho - e Vho had u1 interest in assLuning a l rganizatil1n leal crshiJ L le in the l1rganizat1L1n necdcll tl J articii atc in vhat hi ca cci 1 Priestl11J J I T i ct11re C Jl c c' Vhich o Tcrcd SC 'cral lectures lr ' l il ferent issucs 'his Vas a prot ess that lasted 1 12 n1l1nths l'ht SC Vhl t l1n1pll'tl'li that training Vere rcl'errcli to 1s J'riests J 23 l c ond the pr1estht1oli V S said iY1r fa1niltl 1 lil1c l ·as antilhcr - tructtire lll gu ·ernn1cnt t quasi-calii11l't 'l'hose Vhl1 e 111stituteli that I Jody Vere cntrlJSted Vith spcci ic rcspon 1i 1i ities not ot'a thCllhlgica nalll C bttt llll1 C ll ' I sfJeC llf l'COlllJ lliC t 'fJC of 1lC il'ifV in licating that those Vhl1 Vere I le it ustralel tl1al 1 l J 111ost seni 1r had the rcspl1nsil1dity' il1r tl1e Sl1Cia ct1nditio11 oi lllC 11 l' rS for cxanl IC 1hc r health needs i llllti1cr grlll ll tir scnil1rs 111ight l1c rcspll lsible Or the 'nci 1I 11eecls r j tl1e cl1i lren i vfl J 111i i 1t 111 'l Jcen or Jlir111s 3 24 fhc hierarchical structure llf l e i llttse llfisrae ' JS as follo vs I Rabbi King District Priest Priest Studcnt 'l'raince Priest l rothers and Si tcrs ' ' 36 I I I I I I I I I I I I I I I I I I I I I I I I I I • • • •I •i • • • •I ·-- ·- ' Besides Rabbi Vashington the leadership at the time consisted 3 25 t1f llufus J c vis l 110 v11 as JOtvtO J- bral1c11n McAllister known as OMA VALE and Vincent Hinds known as ALL 'l'o 1clp Ji11ance the cult plantai11 chips a11d salted nuts Vere 3 26 sold on lhe streets and outside cinemas Most of the money generated had to be turned over to the louse of Israel In return they were provided with Vhat l- - 1tf1cr Morrison callee very n1eagre jl1re u1Jercr J11Ylet C Jt1llitiu11s llru1'e lfl e t JCt1sive t1r e lJt1d 10L1sed in squalid ·rhe Rabbi on the Cltl1cr hand lived in style and J aclc car from very early in the lite of the cult the Rabbi was given 3 27 prime time on the Jovernment radio stations to deliver his daily racist 1r1essl1ge I-le spol e ilt1ently in l sot1thcrn A1ncrican accent a11d according to Father l'vlorrison pages 168 - 169 when he held j Jrth at in-House 'l'ervil es S Jet1ki11g jt·rJtfl a 3 28 3 28 llecorlJted pudiztrn 1e cuz1ld rival any soutl1ern RELATIONSHIP BERWEEN TllE HOUSE OF ISRAEL AND THE PNC The Rabbi had a close relationship with the PNC and its leadership Ir Hamilton expressed it as follows t 1ere 1--vas r111 established relt1tirJnsJ1ip i vith tl1e GrJvernment of the tll1_v tttlll tl1ere 1-vere relations zips ivith lvlir1isters -the Governtnent tltttl tl1e1 ej re l a 1 Ji fVashingto11 l1ad t 1e fJrivilege to call any Vfinister f J see c f J t 'lc t 1e1n r1 j rvuur rJr1 Je 1c1 ' rJj 1r1y c·itizer1 J vl1ether of a 37 -----·--·------- 11· ··········· • 1 j11tlici 1l I 11 lflcr 1v 1ether it 11'tts 11 11111 11 kin r llh Jllf n111tter rJj' th ' l1•vcl of· irJ1·er111J 'JI son1e J hcr 1ss11c j 1r the111se ves _ 1111i ie or 1vht1 cvc·r Ject111se rhere 1vt1s t111 011 l r1in i rell1tio11shi ' rJr 11'it J I tl1e Gover1u11c11t any people in promi11cnt pnsllio11s isitcd the louse or hr 1cl rrl J11 ti1ne to time including -V1inistcrs of -fn ·crn111cnt t l1li fl11blic Cficials i'vlr Stanley i'vlliorc VhlJ vas it one st J C Minister 11' llo111e 1 ffairs V IS llllC such k111 11·11 perS ll1 In rairncss tr tl1e lu11sc luring the tin1e he 11 · V IS to hi1n Israel it e _j 1rP TlllSt hi be said ' IS IHJ Vever Ali11ister J that l-Io1nc I ' JS ' i ·l j 11rs l'vlinistcr and after rhcrc ' IS l lvfr I Ia111iltllll tcstificlL 1r 1s 1i11s t Jt1 vlr llll rc Sl1ugl1t and secured 1he a sistancc Llf the I h1usc t1t' Israel to g11ar l his p1't1pcrly vhile un h r cl1nstructil1n Cl1nt11111cci 11r J1111ll-t 1e-c 11ck ·rhat service · ror several years a lc r tl1c 1lJL1sc V 1s Clllll l eteJ Jr Jccirgc Jack111an 'ho V IS later the J Pl V S a SCJ a rrel lellt ' Sllllf 3 30 Sonic of the perso11s visiting the J a 1bi ll id 111attcrs in Cl Lirl ind 11ccdc i the i11tervcntio11 llf the l abbi ll their hcht lr l usinessrnen Vere at ' ti111cs chargccl vith l1ringi11g int the country contraband itcn1s So111e Vere i chargecl vith taking 111l111ey hcy'onc1 the i1nit per111itte I lJlltBicle the coun ry 1 ll1ll in SC1111C cases Hl he st iLurc or their l't lll S n su tt li Sti l l1thers Vere chargcli Vith attcinptillt to sn1ugglc glild 11utsille the c1llllllr ' ill' he evil L·ncc Ir l-la1111itl1n is that the l ahhi used ·is cn11tact 'Ith i'v1r Jackn1an in ii 1ltc111pt to l1clfJ I vcn Vhcn there verc n1attcrs hertirc the CllLLrt tl1e call ti ' 1 JS I ' I I I I I I I I I I I I I I I I I I I I I govern1ne11t 111inister could bear lfuit Mr I-familton reminded the Commissio11 that as Mr l wayana had indicated in l1is testimony t 1at wl1en ct Govern1nent Official in t 1at tirr1e called a rnember of the jt Jlliciary he had I to respor1d • •I •i •I i11 a r11ost _ Gvn1tra J e lvay or there was a penalty for not responding Mr Hamilton emphasized that that was the nature of the ti111e 3 31 and it was not Ha1nilton 's Theor_v No specific evidence was provided the Commission as to precisely how successl'ul were those interventions made for others by Rabbi Washington including those made on the judiciary We folly accept that they were made and that it reflects what Mr Hamilton himself said - that H GS tl1e tirne 1 3 32 Again referring to Mr Kwayana's evidence he mentioned as evidence of interference with the judiciary - Magistrate Oscar Paravatan suffering because he did not accede to the request to remand Roopnarine and i Rodney to prison is but one illustration j 3 33 The members of the House of Israel were so confident that they enjoyed immunity in the eyes of the law that they often had in their i possession arms and ammunition and felt in no way concerned that they •i would be arrested even if the police knew or suspected that they were unlawfolly armed Mr Hamilton underscored the point when he testified tl1at t 1rec1tening anll asslzt1ltir1g l1r1d Jeating citizens in the full view cif the JO ice tlid they never arrested Ioitse Jj Israel nien1 Jers becaitse they felt I t 1at they l1ad the jJrotectio1t o f't 1e Governnie1it of' the lll1 v •I 39 ·---·i·----------·-------·----- ----· J J4 he tvlr I ia111ilton J'urther re1nforcet that SCllSC r tcstifietl that lr a pcrit l I he had in his pt sscss1un a in1tnunity Vhcn l n1n1 Hrt1 v111ng p1stt1 and ha l 11l1 fircartn licence to carry it I le addctl that he had no fear nf being 1rrestc _l 3 35 for ht ing i11 po session t1f it I ra111iltt1n concl dcd unt er cl JSC cx i111inlltion rron1 vlr l a 1 Villia111s Junsc fr1r the PNC that Vithin h11 ft1ran liour tln st1111e tlays he Votd l be tr 1nsll1r111ct ft· 1111 being a Trainee Priest ltl breaking u11 n1cctings lllll Vie di11g a stick lit - 11Cbt 1 s Jicad cffccti 'C j' transfOf TICd i11tO i 1r I lan11 t Jn Ct Uld nt1t say tlf his ll Vl1 kntJ VlL·t ge th it the 3 36 Cltl i llla Defence l·t1rcc Vas supp y'ing the I t1usL 1 ' l - rac Vi th guns hut havi11g bee11 shown a d 1cu1nent l1y dated June 24 111 0 1n1111issil1n 1 l l tlSLI V1s Raha111at he rCC lgllJZCd the llatTIC tv ajtlr t' '1ClJhcrson Oil that document vhich sho VCL thut there vas an ap11rcciablc tjuantity of urn1s an LI a111111unition inclut ing jt 1ru11·11i11 5 'J111111 rJ11 g rr11111 • D 1 11istols JI cl CIJ rilles 19 G3 3ay·onets trJf 1f I' c i lr cc1 f ' the J-fot SC of lsr ic 7 12 1r iic 1 11·er ' tc1 - e11 l111111 J _fi·l 111 I t it' to the PNC 'l'hc Vc ipons Vere ha11c ed 1vcr tt1 lie rull extent ltl Vhich the I ltJuse of srae l Vas stipplied Vitl1 arn1s l'ron1 the C iDF rt1tttcd thr 1ttgh he PNC' could 1 1t he ascertainctl is they gi ls 111 the recurci t1f he Cif J 1 37 TllE l' R IOL TCY OF HIE l' C 40 I I I I I I I I I I I I I I I I I I I I I 3 37 • •·• •I The specially convened l 974 Conforence of the PNC took place at Sophia Plantation It marked the l O'h anrnversary of the PNC in gover11ment and it l1as becon1e 1nemorable for vl1at is known as The Sophia Declaration at which the Paramountcy of the Party was declared 3 38 Burnham in the course of a long speech in which he summarized the achievements of his party in Government and pointed to the road ahead declared It was agreed after lengthy discussion that the emphasis should be on 1nolJi sing tJ1e nation in every sphere a11d 110 mere y for periodic elections atld in support of· spec fic action and progra1nmes It was i i also decided that the Party should assume unapologetically its para1noi1ntcy over tl1e Goverr11nent wllich is merely one of' its e YCL'tttive arn1s ' I 3 39 i • • • • • •I He indicated that the Comrades had demanded that the country be given practical and theoretical leadership at all levels - political I 'I economic social and cultural - by the PNC which he said had become the 111ajor 11cttional instit1ltion 3 40 Rurnhan1 su1n1nc1rized the rationale informing the doctrine of the paramountcy of the party and the politicization of Government institutions See Caribbean Contact September l 975 and also reflected in the book - Domination and Power in Guyana A Study of the Police in a 111ird fVorld Context- by George K Danns at page 80 It is as follows 41 fr is rile '11rl_ ' t 1 tf 111rJ Ji 1scs crh1cr1rc '• lfUI ''JJJJ 'rtls rrJ the 11er117 c r 11 r 1e bl7Si ' Jj' its Jf' t t r111n111e 'i· ft is the f-' 1rr_v th selects r 1c 1r1c111 Jer · rJ t 1e JJrJ iric 1 ' Jf 'cr11111c11t ro e rec1tre rhe r1n1'r ·s jJrJ ic v 1rhic 1 Juts _'r_ I 3 ---1-1 i - C' J'C 11 v t•l Ct hen J f CS1 'llrc Bt1rnhan1 is further tJUoted lc v Natit111 Nl1vcn1bcr 17 111 J 1 73 dcclar111g that 7rJcf sr1_vs thlll irJver11111e11r cjiJre ro11 1c iJre r1 1t 1rcre 1vere i1·e I 11·erc i1·11s 'he ' ' SCI VS ' 1e 01 1 t'rn1ne11r l1l1s q rJr f J r 1e Jc i11 1J11r s_v - reu1 ' 11 or 1ul1re ''S ·e11c v t J 1 11 litr11· - -·f2 · ccorlling In l usi J vayana in hi tcst1n1lHlY t111 i ·lay 2 - 1 2 14 l Il the doctrine sail that it Vas the ''11·i of the l'i71'tv 1 • lie ol1scrv'cli that it Vas lll t an indigcnnus t1l tic1n but one bl1rrl1 vcd l'rc1n1 Eastern I urllpc 'here the party contrlils the gl1vern1ncnt ' ---1-3 tr l vayana pt1intcJ to tbc 'vlinistry· l r ' iatilJnal De 'C JJ1n1c11t 1111tl rcn1inJed that the ivl111i tcr Jr National J c ·cll1pn1cnt '· rJ11 J cs 11s rl1e jl£IrttJJ1rJ1111rc 1rrJ11 1 t ' e rccu e rhrou -s 1 rhe fl't1crl1I S'ecrcr 1r 1 111 u i c cxprcs ctl LtllH crn that in the 1111111ii1'r 1J t' l'L'11f 1·c St'crcrurie · _ c ti111atc t 1f cx11enditurc J 1r l 975 there is 42 rHJ l rcakdl Vn t1f the nit111cy I I I I I I I I I I I I I I I I I I I I I I • • •i I • •i i I • • • • •I allocate the rvlinistry of NatiL1nal l evc O Jl11CJ1t as is tl1c 1Josition tl relation tl other n1inistrics 'l1arges In 'fhcrc Vas l1c said sin1ply L111e item - Other - Vitl1 a' £ l 1ni lion allocation and 11rJ cletc1ils Ornawale saw pararnountcy of the Party as a well-known 3 45 e rc1111ple r f' N ' llil'fc1torshi1J oj't 1e Party over t 1e Governtt1e11t He further testified that that practice amounted to a lack ol' separation of party from GlJ 'crn1ne11t a11tl State Ife too pointed to the tnilitary e stablishtnent the l tlinistry L1f NatiLlnal f cvclopme11t and the Office Jf Jenera Secretary of tl1c JlNC I1nplicdly he seerned to l1ave bee11 rctlccting on the l1ureaucratic i111plication Llftl1c dnctrine 3 46 l'ARAMONTCY AND THE PUBLIC BUREAUCRACY 3 46 Danns in his book reminded at page 75 that Burnham was fond of saying ··seek ye jirst the political kingdom and all else shall be lllllell J anns interpreted that statemer1t as indicati11g Burnham's i11te11tions to C JnSL lidatc l1is political positio11 stressi11g as a pri fity J 1rlt111rJlt11fl' V r j' t 1e the 11 ltr v - Jejore giving serioz1s atte11tiot1 to tl1e proble11zs c j- eccJ 11rJ111 ic lleve l J Jl1le 1zt 3 47 At pp 78 and 79 of his book Danns spelled out some of the i1nplieatiLlnS f'or Juy lna's public bureaucracy re - u ting fi·o1TI tile em race by the govcr11i11g l 1 N of the il1ctrine of para1nountcy C f the party I le argued tl1at Jul1lic l1t1rcaucracies i11 tl1e co11text of 11ara1111lu11tcy of the party are no lor1ger rcs11tinsiblc to tl1e 1ul1lic but rather 43 f J tl1e tl J111i11c111t pctrtv ltncl its 'here is as a result he contended l1 tr£l v lel11 er 111 s_vstc11111tic L' ff rt trJ llll lit 1n1 J ic llCC1J1t11ts Lllltl trJ 1ircse11t ll rc1Jor ftJ 1ir1r i 1111e11 •· 3 - 8 l anns further arguctl bureaL1craciL 'S in Juyana Vas I'i -' ' fJllF _ ' that lCCLJn1plislH L the by pt11itici1ati 111 pLtlJlic lf 11'i1le-scl1lc 11111 i11te11 'i1 1 c I le illustratctl lht1t hy pninting to h '11etratiL ll ' L'n1rir ll J J Jfllf t'J ' tllllt 'Cre l l Cfione lJ 1' ht l ' ' lJ ' fill the f SSt'SSf I Jl11'0' curt 11s Liii i1n1JrJrta11t crituria _ Ur ll JfJtJi11t111l'111s u111 Jr1J1nrit11i11s continucl Ile 1 11 ic scr1'1111ts l1 IVl' Jee11 cr11lllitfr 11e1 ft Je re fJri11si1·e tr JJllr r ' IL'lnl111t s t't't 'JI ef llrt111l'J1f if' it ir1fl _'f res 11·ith the s1111JrJth _ i1nctio11i11 r their oi1·11 1ttc11d1111cc 11r th 11 1r0· cr111 ress is cu111fJ11 ·1J ' f 1r se111 ir 11 J ic s1'rl' t11ts 1rho urc 11ske1 f J JJf'CfJ tre l Jt'rs 1Jn 'SOl't'l lllflt'llf fJrJ i ci es c Jllf i11 CJ lfCl J icies_j r 1 t 'Cl S ' t fl f V r ie cr111 r 'sS J - 9 - cCl rtling J l r Iantla j pauL a t 1r dS 13urnhain Va C Jilcerncd the puh ic sect r hat to plctlgc al cg1ance to the l 1 1rt 1 anrl the hcaLls Jr ill state agencies and the civil service Vere sL1111n1l llCd t short lll1ticc tl attend any event uf the rulinis party including Jenera c oLincil 1neetings 13urnharn c aitncll that 11 11111ssive C llfl J 11 has nLJ r hee11 11111che i11 irhic 1 1 1 rc ct111 fie II fJl 1ce ff r t u 1 isi11tcrestell lln I 11tJ11-crJ11 0r1nist 11·h J i·l'1'1 0111 in ter111s u ' · 1 l'11vi ' I t 'S i111 11 i11 is 111 the JJl lctices t11rl uttif1hlc ' H·h1cl1 ' t'f l' ilrt 1J the cri tJ 1 11 or lcr 11 t 11 JllJ 1ri 11 1i1i iticl1l ti·el'1 1J111 i·1JI c1ilrJ11illli 'lll ro l't ff 't f 1 1e rc1' tJ I 1i co 1 11i11 1 ·111 tri rioi 'IJll lllltl 111islr 'lt1 Jilt socicll' 11111 1 it't'tl 11s i·o111tJ111·11afi J 1lll 1it1 1 ' i I I I I I I I I I I I I I I I I I I I •I • •I i i i I •I • • •I • • • 3 50 Danns continued his analysis orthe implications of the adoption l fthc doctri11e and Jbscrvcd that apa1t fro1n contfl lli11g i ublic bureaucracies a11d Cllrporatio11s the governing party sought to n1inin1ize contact betwcc11 tl1e 111asscs a11Ll lJ1 JPLJSitilJO clc1nents In tl1at context l1e pointed to t11c use of 1nedia racilitics 1y the 1pposition groups VJ1icJ1 he llCSCribed as restriL·tecl llllcl c Jllfr Jl eli I ' the gover111ne11t t 1e t1i•rJ llc1i y 11e1vsfJllfJCrs controlled a11Ll rJrv11s As for ne vs JJ1P Jsition newspapers had ineffective circulation'' t 1e ti vo radio stations a11cl Jri11t 1 severe V he Vrote that it VUS very li1nited an l al1nl1st I-le observed r 1c1t ''rJrgc111ized gro11ps of' par v t 111gs ofiett IJre 11' 11p u11p 1sitio11 political 111eeti11 gs i v 1ic 1 the police rare y J ai e per1nissirJ11 ftJ 1011 3 51 Focusing specilically on the police Danns at pp 82 - 85 of hi s book repeat the views of Prime Minister Burnham and his Deputy Ptolmcy Reid in relation to the police's new role which de-emphasized law enforcement and order maintenance and called for the Jo ice to be ji1 lv llcq11ai11tell i1 it 1 1 r 1e fJo icies of the fJNC fJClr v develop a socialist orie11t£1tio11 JeC'lJlfte self-reliant a11d ctid i11 t 1e 11ro1 11ction of goods a11li ser 'ices llS tr11stces lll1l Cllrefllkers oft 1e rei·r utirJn 3 52 Dr Gopaul supports this assessment of the Police Force and in the course his testin1ony said t11at there IVtts ct Jsr li1te y n1J indepenclence rJj PrJlicc _ Jrc·e S'ir cit tl1t1t ti111e 1978 -198 ivc1s ti Jitter Jitter bitter perir c iv 1e11 1 1e rJver11111e11t rleclared literctllv irttr t1J ainst tl1ose 1vho clare c 1alle11ge r 1e Sfltt11s 'fttu rJj tl1e fate t 1e11 nc if the 3 53 police changed the tilll' i1nportantly c Jnscque11ces l address fi·orn Sir lL __ n1radc 1J etl e l JJt'rsrJ11r1l lo i1a ty '1 ° ' ay f I 97 o of this llC V cn111hasis vas that the ' JJnralle f J I occasion 11 tic o t· t I1e Le tcler 11r11hc11n Ir1 1-' - i nnivcrsary tinistcr's n1cn1hcrshi11 in 11arlian1cnt the _- 1111n1issil ncr courter t l rin1c linistcr l3ur11hain J eLlg ing the lL1 'alt pL lici tl · J1 rl1cle 1 JI Jr Jr t I1e l ri1ne l l licc sent J hin1sc J' anti the ·r11e l o icc J anns l1hscr 'l 1 L'111 er 1 rHJ 11 rC l·1J1111n1ttu1 3 54 I anns Clllh udcLi that the llcJlicc had npcnly acceptcll vhat he tcrn1e L the 1c111 c111rJcratic fill llJ C JJ1Stit11tiot1l1L Jfi Jll J fJtlF iJll J IJ f ' f the jJtlrtv an i hJd a quicscctl in the idea and practice f the J _' intcrtl rcncc in the or the force ay-to-day Jpcratit llS an i the functioning 3 55 It vas discloscll l1y Danns that the llN ' party a lcgcdl ' t 1c 'l' jJ 1rt_l J JJ1s 11· 111 r estru v the fJ1t J 1c allllres · s_rst nl sftJnc t111t Jec1t SfJCtlf ers I ti c1•1'J1 h l'Sfl l ers ttncl t11r11 O t 'r or i11 11tl1l'I i1·111's 1 u1110 11 c J JftJr i·chiclc ' Jc tJJ1 11 i11 11 tr r1r 11 011i crs 3 5 riart r VaS r j't 1e 111cctin g 'he 'ie V Vas cxpresseLi b Danns that 1hc 1 l llcny l ppt Sllil grl tlpS the ll Jj rtt tlity llf t1i111 lJl' the P' JC' rcaching the pt1b ic in any' f 1r111 vhatS CVL'r int he referred at page X5 tl1 the results 46 t f a 1q7 I I I I I I I I I I I I I I I I I I I •I I I sa111ple survey vl1cre the inajority of rcs11l lLic11ts consistir1g of 1 fro a11d I11Llo CJL1ya11csc Vere l11' the view that the p llicc protect u11 y i Jvern1ne11t 1 e111u11strators fief L itizl 11s c1ssen1b e llf J J iricc1l 1r1eeti11gs spo11sured Jy 1J1e •I fec1tfi11 r po itfcctf fJtlr V rhe police 11 the other J1a11d 1c1rc1ssecf llU l- 1 J 'l'rllf11Cfl t e1r1cJ11strctf Jrs c111cl ojie11 llisrll Jl 111eeti11gs l1eld by rJpposirion jJart1es I 3 57 I I i i I i i i Resulting li·om the politicization of the public bureaucracy it 'as 0 1nns' judgn1c11t that tl1e efficie11cy l fthc service vhich they provided licclined in the pcriLltl under revie v and public confidence in their York also lei I 1 3 58 Dr iopaul in the course of his testimony November 5 2014 - JJP 80 to 83 said that the country Vas cxperier1cing transrJortc1ticJ11 tt·rJes ·· as there Vas a hortagc of transportation i11 t 1e country and taxis were hardly arLlU11cl The 111 1i11 111c dc of transportation vas gover11me11t buses and in tl1at t 011text 3 59 llestro vi1z l i CJfJfJrJ11e11ts' vehicles vczs ll 11or111 He provided the Commission with his personal experience and testified that around September 1979 allcr the strike he spoke on a platform and t vo days aflcr his ' iic e 7 •i ceasecf fit11cticJ11in rs although it Vas a 'foyota in fairly good state I le added that when the mechanic opened the engine it ivcts L'01nplete v c e 'lrrJ Yecl a11cl tl1e n1ecl1c111ic cliscovered a stic cy s11bstance l e ievccl to tl1e 1ttvc l ee11 s11J5ar tl1at Vas pt1ured into t11e c11gir1e ' 'he ·cl1icle was re11tlcrcd 'co111pietely useless ·rhc sabotagi11g of his vehicle i i Vas not a11 islliatcd incitlcnt as op 1Llsititln vehicles Vere Llcstro cd 1 47 sah tage l rrtllll tin1c tin1c All or that Vas ha1Jpcning at a tin1e Vhcn tl1c li rrJ' crvicc the principnl n1cans if tra11spnrtat1t1n f11hl J1·crJ111c 1·crv 1111reliu J c hi llH1sc t epcn ling on It hnrl t l Va1t Ion ht urs l°hl' in1ptlli 1tiLl 1 of 'Chicles at th t tlllll' tc tiJicd l l l Lll 'l S J 1 ·cry di 'ficult llS tl lC had to lirst get t 1C attth rlt uf the linistcr lf • dJ lUr then the 1inistrv tlf 1-'inance and tin 11l the ' 'tlnistrv nt' 'rtit c hcll1rc Yllll 1 1 ctiuld appr 1 1ch the 11111t11tcr J 61 J TllE 1'1PI ICATI0i OF THE PNC RlJI 11• FOR '01 1 ECTIVE BARGAINING J r Nanda Cltipaul iuthor L fthe text - Re ·istt111ce t111tl ' 1c1111 e I The Struggle of G11y1111ese IV11rkers 1964 - 199 IVith 111ph11 i 1· 011 tile 5ttJ tlr 11tl1tslrJ' linistcr tif - iprearcd before the l'on11111ssinn in his c 1p 1city· ls l ihl1ur an tt stified tl1at there QS in the n1i I ind l ite 7 s a fund3 lll'llta shill in rc ati l L Ct1iiccti ·C bargaining frtl 11 'Jitit LXlStCd ill the p ist Scttlc1nents cre in1posed on the unions by the l'i ' ill 'l'rnn1c 11t 1 I he ' Vere not tht rc iult nl' 1 free prL CCSS Jfcn l'ctive b irg iining J 62 VLlrkcrs' re11rcssivc lrJ llr iopaul makes the point 111 his hook t pp l that tlwugh s Jlilf tri y 11cl1 J11 ht1s not Jeen rJ11tla11·e i he i r11·er11111c11t 's Clir111s 1 lr 1vi11 l1cts rij so i 1rity l f ctivel ' JJrr1scrili1· 1 1e ri l ht strillc J I here Vas L - tablishcd h ' the NC' J11 l'rn11H 11t a ccntralizcll 1H gt1t1 1tiuns 1nnk pl icc hL t CL ll the l radc l 11Hlll 'Y' lL'lll 'ill'rt ' 1 1 l 'J'l'SS ind I I I I I I I I I I I I I I I I I I I I I I •I • •I • • • • • • • • •I I I 'II I ' tl1e Govcr1 111cnt or Guyana It rcsultctl lOr cxa111ple in 111inimum wages being set for the period 1977 - 1979 Dr Gopaul testified that it was intcncled to he a n1ini1nu1n Vage agrce111cnt but it t11rned 111l1 ri1111lnl t' l' tf l rce1ne11t bJ· virt11e Jj lt llecree l _v Gover1t111ent co11sequc11ce the u11ilJns 1rere t111c1lJ e 3 4 Jttt to Je ll 111 f J Jc1rgc1i11 i cct rc_ i11g to Dr CJopaul _iovern1nc11t Vent so far as to is stie instructions to c1n1JltJycrs that they ougl1t not to 11cgotiatc with any trade union any increases beyond what was stipulated in the 1977-1979 agreement with the GTUC Joseph Pollydore was at the time its President and it bad 24 affiliated unions 3 65 Dr Gopaul testified that Government signed a comprehensive agreement witl1 n1ini1nu1n and 1naximt1111 Vage clause as if entering l collective agrcc111c11t but he was quick to explain that Govert1rnent did t1ot 1ave rcc J i r1ili Jr1 tlS c1 Jc1rcnt J Jdy qf' orgar1izeli lc1 Jot1r They do not J1ave collective ci_ ree111e11ts 3 66 The signing orthe agreement received mixed reactions with the stronge t conllc1nnatio11 coming from NA1 CIE vhich l1ad since the Annual Delegates Conlcrence of the TUC in September of I 977 pointed to the danger of the agreement being signed and the Government being allowed to block collective IJargai11ing by the issuance of instructions to state einplcJyers 49 -- ----------·--- - - - - ut the · 1rkcrs ·cre to s11 l r yet nlL rc at the hanLis l 7 _1vcrnn1cnt l ir in Jur1c ti llJ7lJ tl1c i 1inistcr 1 tlf f finance vithdre I all incren1cnts vhicli haLi been paid lo Vorkcrs by irtuc r their ctintractual arrange1ncnts · 111p o ·ecs or state curpL1ratil1ns and sugar inllustry Vt1rkcrs rc11rcse11tcd b - l1 1 CIE 'ere an1ong those ll lst afl'ecteJ - 18 hen there VllS the - trike al the lt1yana Jo ·ernn1cnl t1rLlcrcd ·'scc1fJs tti gLJ Stlll l ' S in I ' 7 111 anLl npcn the stL1re anLi thc 82 stril ing ·orkers vLrc ircJ t 1nL1ng the sc li1s vere 111c111bcrs Llfthc I In use llf lsraeL tr L cs1n nd Vh 1 'as the liriJnch t1rllcial 1fC ' VlJ a11tl 1 starr 3 f l 111c111ber 1f iuyana Stores tis il t firetl 1-hc l1 res1dent tr itirtlL l Todl vas picket up Vhilc picketing l uts1de Ciuyana Stl1res pt1t t l a hclict1ptcr ' t Vernn1cnt lll1 011 pl rSl ll lCl and t ikcn Dn ar1 unknl W l ritlc So C lccrncll Vas his anli l1rk Cl Je -lgUt S abtll t his Vhcrcahuuls that t v r 1 1 lytillrC Jenera Secretary l f thc l'l ' called the Jlres1dl' nl Vho assure hin1 Ttilkl 'l1ul l eat g c by a certain ti111c l 70 Mr Tlldd accordillg to Dr lupaul reported that he was taken tin a tour 1Jvcr lhc llantic in shark infested valers r111t j'rhc hclicr ter Jilli sh 111·11 tl1c s 1 1rks he 11·l1s Vas s1i·i111111111 'S 'ha i J11s heilli tJ11s 1e lllli 11· 1s 1111r11e I thltf l J icr ·1sl ir1 th1 s· c1c1i1·it_ ' lie 111 1_v Jikl' V 1'11 111 J i n thr1sc 11·11tcr · ·• another illustration tif a public act l f if t tL rrt1r agair1st an intli ·1tlual ll Va intendeli ln create Car and · _is a cnn1n1L1n l' chniqul' 1f the - dn1inistrati 111 50 I I I I I I I I I I I I I I I I I I I I • • • •I ECONOMIC CONDITIONS 3 7J cf'J1e jlrcvaiiing economic UllLf SOCiaJ COtlditionS in t 1e COUntry Vere v'cry diffictilt aCClJlliing to Mi11istcr llol1ce fJriccs Vere l1igh an l gooLls in short s11p11iy 'l'hc situati Jtl Vas co1npoun lc l by tl1e fact according tr1 Jc_ ccly11 Dow that in the Jistribution L f the scarce fOod resources priority Vas given to thL SC Vho Vere affiliated Vith the Party I 3 72 The Jovcrnn1cnt Vas negotiating Vith the Iiv1F prolluctive sectors Vere under 11erforn1i11g • •I The ExpcJ1ts Vere lovv and foreign cxcl1ange V 1s scarce ' 'hat was the cnvironn1c11t in vhich the Oppositil1ns 11arties i11te11sified tl1cir struggles t was not testified l waya11a a race issue It Vas a class issue 3 73 I i i Rodney and Jagan working together contributed to a growing sense of unity Vith trade u11ions a11d religiot1s org 1nizations 3 74 Gt1yana Vas a totally contrrJllecl S J iety testified Ogunseyc Vho added tl1c Mr 13urnl1a1n was a 1nan in control Ile co11tinued '' ze ivc1s • • •i •I - 3 71 H'ell i1 0r111ecl t111 l llll i J11e 11110 steppecl 0111 o f'li11e 1acl to_fi el his ire 3 75 PARAl 10UNTCY AND THE TRAUE UNIONS 3 75 As cir as the Trade Union movement was concerned PNC 111c1nbers Vl10 were alstl t1nil1n 1ne1nbers could not j articipate in strike acti lll SI ____ ' ______ __ anJ Vhe11 called 11y their t1nil1ns so tl do ·r11e liL ctrinc r paran1lJt1ntcy 1nea11t ir1 effect that their 11arty can1c befL1rc the union 3 76 ln 1975 the Congress of the ruling party endorsed the following recc11111ncnllations resulting fro111 one llf its Vt1rkshops 011 tl1c role llf labL ur I D11rinfs this Jerioll L '11io11s sll Jlllll 1t1ctke fio1c s 1vc1ill1 J e l lltlltltl v IJr C lt1cat1011 o f'- vrJrkers i11 JJ 'O f tl1n11nes aJJJJr JVCli Jy tf1e stczte ' J1111itive 1neasl1res· s irJu cl be Jteted Jilt f J jJllr v 111c1n Jers it· irJ s11pfJOrt trc1cle unirJns v ·hose c1in1s t11cl ol fecrives c1re 11ot t J11siste11t ivit 1 tlie revrJ utiot1lll V 1n Jve1ne11t 3 'c1 c1ried 11r1iu11ists shlJt1 cl Je jJ 1 1sccl out Jec11i1se 1 1is e11clJ ll lf 1f CS suc 1 cltclers i11supplJrting1111 1 1 unjust lle1nc1ncls J ' t 1e H·urkers 4 J'rc1de l 11i Jn s O Jerc1ting in the jJublic sector 1n11st e l fjilil1tetl f J 1 1e pctrty si11ce 11r1iuns not c f llic1tell can 11n - errni11e the tit11s lt11cl · 1J Jjectives J 'the fJ lrty l711cl g-over11tner1t 5 4-11 i11cl tstrial relations Bill sl1ould be ir1tr J lucecl 1hrrJt1gh lt11irJns1 ' il1utell t J the pctrty l1ncl the Jtlrty sho11ld esf llJlish 11 s_vste1n J 1 cletern1i11e tl1e necessi v Jr strike ctctiort 6 It is i11c11rnlJent J I all JJl1rtv 1ne1nhers to ensure tlic1t t 1e fl l1lle iI • 11t1ions lire tJllil1tecl to tlie fJlirtv 7 _Vor1 cif flliatetl u11irJn s ivh Jse 1r1c111 Jcrs Jel Jllf f J the jJllr y s 1rJ11 rl tl1rougf1 the executii e r tl1c1t 1111irJ11 urge ctffllilttio11 3 77 1 s far as Burnham Vas concern d strikes anLi otl11 r f Jrn1s or i11llustrial actit111 had their rllOts in cL1lonialisin and t ught not to take place in 12 I I I I I I I I I I I I I I I I I I I i i i i i i i i i i i i i i his republic This was renected in book by Dr Nanda Gopaul and indicated at pp 99 - 200 ' Gopaul further indicated that the black workers and 1cade111ics regardless of race or occupation who OfJposed tlze regime were ruthlessly attacked Succinctly expressed by Gopaul all those who cl1a let1ged the acl1nit1istratiot1 carne in for special treat1nent 3 78 ' ' Gopaul testified that by 1979 the union movement became more militant af er the right to collective bargaining had been denied Simultaneously with that however the trade unions alliliated to the PNC were subject to the policies of the party arising from the Sophia Declaration ' ' I and the 1975 PNC Congress There were forces at work to ensure that they fell in line with the party's philosophy The unions affiliated to the PNC at tl1at ti1ne were I ' i Guyana Labour Union ii The Guyana Public Service Union iii The Guyana Teachers' Union iv The Amalgamated Transport v Guyana Postal and Telecommunications Workers vi The Guyana Mine Workers vii The General Workers' Union ' I i i i 3 79 INCREASED MILITARIZATION OF THE ST ATE ____J________________________ _ 53 J 79 nc of the striking Cattires l f the pcrilHi under rc 'ie v Vas the sharp increase 111 the L' C Jlill l of n1il tJrJ' dnd para-n11l tary institutions -1nd the eL1ually dran1atic incrc isc in expcnclittirc thereon tr l l hcc in the course 3 XO or his tcstinlllny iddresscd the LJUCstion lJflhc sul1stantial increase in expenditure hut v is careful to indicate that he Vas relying 1 the ligtircs prc1 'itlcll by 1 1thcr ' ndrc v -Vf rr1son SJ i11 l1is bll Jk at p igcs 04 -l 05 s 1 l· athcr ll rrisll l suggested that lll hlilstcr the J arty s Cl1ntr11 'rO TI 974 the n1i itary JrCCS 'CrC CO lSicicrab y CXJl ldCLl _ reated the 'JS Ju ana ational Service 'h1ch Vas liJ lo vcd in l ' 7 Vith the l Jrmatil1n llf 1 a National lvliliti 1 vhi1 h cisted _1 relatively short pcriud 97h 997 _ th1 r 1r1neLl grLlups inclul ed the Ynu11g Socialist t t'1 iL ll1L llt anli the Vo1r1cn·s r e 'Olutionary S Jl ' ialist 1 _ IC l1Cnt here 'l S tcn-li 1lli increase J 82 111 thi trt ngth l f the ar111cll l1rccs 111 the 1J-ycar pcrioLl alter l l 64 Yhcn thc l ritish handeLi ti ·cr responsibility l r security tl the Guy·ana go 'crn111cnt 111ilitary perSlHlllCl grc V frL1n1 2 35 to 27 75 he nu111bers nf 1 Si111tdtancuusly n1ilitar L Xpenditurc rose fronl $8 7 n1illilll1 in lCJ73 to S4X 72 111illil ll in 1976 rl1c1t re1JrcscntcLI a six-J 1 ll increase 3 3 avid jr ingcr llc 1ple's 1ilit1a ' 7 Jr the lifitt t ·s 1 1 1 his s in1 llllltlllgr ph c111itl1 d rhc _Juy ana l lJ7 pl SCd the quc titin cf t111oro11s l' 1t1t 11l'l L' the f' 'ttS1 S rise £t11tf 11f111ost s1 ll£fless 1fl'1111se 54 ln I I I I I I I I I I I I I I I I I I I • • • • •i at1S Vering that question he submitted lhat externally the administration's leftward foreign policy posture had the effect of alarming if not alienating United States Brazil and neighbouring Venezuela 3 84 land space tlf the 1vorst internatiot1al terrorist attack in tl1e FVester11 he111isp 1ere ivhen 11 r j'its citize11s ivere killed in the Cu Jana Airline atrocities •i 3 85 On the internal front the administration was complaining that the country was the target of destabilization and thus impliedly justifying an increase in 1nilitary resources to 1neet tl1ose challenges 3 86 The National Service was justified on the ground that it provided the nation's young men and women with discipline a sense of service and with a range of skills To the extent too that military training was a part of the programme in lhe face of the Venezuelan threat Burnham was l Uick to provide tl1e reassttring note arising ffom the investment in the Natio11al Service that ever v citizen a soldier ' ' •i 3 87 EXTRA JUDICIAL KILLINGS AND REPRESSION 3 87 There were additional and significant features of the period untlcr i11vestigatior1 tl1at 1ncrit rept rting t1pon i •I __ In addition Mr Granger reminded that in October of 1976 Guyana Vas tl1e victi1n i i I I i i Venezuela had again been making claims to 2 3 of Guyana's 55 __ 11 Nc vsprint vas restricted anLI the extent that frccL c lll 3 S8 l''Xpl CSS Oll has t1J du Vi l l' ISL or CIJ llllllllliCaliL Jl that rcedC ll r Vl S L 111111rl 1nis Cli - -8t f ayc can vas he VPA's nc vspapcr anLi it Vi S printed in I rinidacl by· ·rapia l IL1use as no llllC ir1 c·iuy'ana YlJu d d1J sn i Jr fear · Ll111inistrati J l·s rc11risals nd Vhcn the lirst shipn1cnt tif lit' the the 11c vs11apcr arrived tl1cy Vere scizcci at 'ustL1111s anLI a trade tirdcr V ls issticd Janning thcn1 ·rhe ' Vere 1 1rcvcntcLI lfl1 ll 111Jf li11« the 'hey 11c11· jJ fJL'rs 'Lrc subsequently dcstroyel_I in a l1l1ntirc but llllt bcfllre the ci ii servants at the J Jrt helped thcn1selvcs s11n1e copies In co1t''lcqucnce Da rclean V IS in in1itcd circuL1ti 1n i11 the country ·1 h1 're Vere t Vll raditi stations 111 the country 1t the tin1e and lJ they Vere both 11wnecl by 1vcr11111cnt i s a rcsLLlt the VP1 1aJ no tllcrctl It vas put at a scri1 S 1 isaLlvantage anL h 1cl 1cccss to linll crt ativc VaJ'S llf Cl1111n1unicatio11 lllli getting its 1ncssagc acrl SS That exclusil l lf11111 the air vaves vas C ll istent vith he serious at cn1pt by the i 1ln1inistratiL1n lll - ti le its vc1icc and restrict its n1cssagc J lJ l f large significance tOl V l ' the e tri1 111 icit1f u - e the classilication l i ' f killi11 s tll ·1·c1ctu11a gttnst yc hy the pc1licc l1ree ut1Licr the f-Ie sa1LI Oll that the cxlr i_ju icia ki ing - had gnttcn 'llrst under ht l urnha111 adn1i11istratiL1n vhc11 C l ltrastcd ith the prc- nL cpt nllcncc pcri11d Spcaki11g Liircctly ul' l3t1rnhan1 he said that he l1aJ a spl'cia characteristic ·hich lJn 11ne Jthcr politician dl' ll tlstratc1 1 56 'hat vas J 111et J 1ga11 ·rhcy I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I were both very vindictive Ile said further that Burnham was prepared to dcJ a11ything to rnc1ir1tc1in prJiFer and thllf incli1cled violence ctnd deat 1 3 92 Ogunseye's testimony is significant in that he admitted freely that his WPA cell had taken the decision to acquire weapons There was no support for that initiative ol'his cell from the general party Nevertheless his cell and a few others were to his knowledge amassing weapons 3 93 The Commission is indebted to Mr Kwayana who identified and brought to our attention the cases mentioned below 3 94 On November 28' 1979 thirty-six year old Ohene Koama a leading WPA activist was shot in Greater Georgetown by the police 3 95 The Police claimed that they had seen him put a bulky bag in the car trunk and as they approached he pulled the gun from the bag and he was killed in the process Residents who claimed to have seen the shooting say that shortly before that Koama turned into Roxanne Burnham Gardens where he lived Two police cars came up in in front and behind him and as he got out of the car plainclothes policemen opened fire Eusi Kwayana testified that according to the residents he was shot in cold blood In Koama's case an attempt was made to have an inquest It did start and the police's account was challenged by the residents on the ground that the size of the gun described could not fit in the trunk of the car and further that the ri Ile would have had to be assembled before it could be used The Police 57 11c rcr tlirncci up and t11e in 1uest vas eloseci and nu one hclci eri1ninally responsible 3 96 ext vas lhe case l f l dwarcl DulJlin Ile too Vas a PA acti ist 1 c vv3s sht t at Vism3r acrlJSS the river t-I-c11n the bauxite tO v11 1 11 l'hur - day l ebrttary 28rh l 980 I Ic diccl at t11e I'v1acl cnzic I-lospit 1l the next day 3 ' 7 Police sources claimed he had been shot in a confrontation Vith tl1rcc armeci police Vhen he and t vo otl1crs were seen breaking into 1 house at Wismar The VPA had a different story and claimed that Dublin Vas l Utsidc ' 13ird Palace night club at Vismar Vl1en he Vas arJproachccl anci spolccn tlJ hy a group of police one l f vhom lJLtllcd a gun uncl sl1ot hi in in 1is ablio1ncn l VJ 'a11a Vho inv'esligatcd these cases tcstifieci tl1at he Yvas sl1lJt several times a11ci only on the insistence of s11ectatt1rs were tf1e police Jrevcnted IT01n dragging the vouncied hcJciy a vay 3 98 1 ccording to t11c WPA l ub in vvas subjectcci to harass1nc11t 11-orn the ciay 11c beca111c a WPA activist in tl1c previous year -le l1ad earlier lltracted the attentiLJil of the police for 1e was the only detTil llStratLJt OL t Side of the court on July 14' 1979 the same day that Father Darke was killed I-le vas pullcli cJut of the crowd an l Vas takc11 a vay fur q11cstio11ing n a11other nccasilJll Vhile he Vas at Wistnar along vit 1 Dr llcJd11ey 1n l other tlistrib11ting Party literature in the area he vas subsequently cietained by the l l1licc 1ut no cl1arges 'ere laid against hi111 58 ii I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3 99 T11e WPA con11ectcd Dublin's death to t VCJ c_focL1ments received by the WPA purporting to come from PNC sources They emphasized that all c1tft1clcs Jn 3 100 VP 1 czctivists rnust be c1tal Another WPA activist Nazir Khan of La Grange Vest Bank Demerara was on rebruary 18' 1980 shot by an unknown guard as he entered his yard Khan had reported that in the previous year when thugs broke up a WPA meeting at Vreed-en-Hoop they pursued Roopnarine and destroyed the car he was driving near Khan's house He was one of those who helped Roopnarine to escape 3 10 I There is no evidence that any suspects were held in relation to any of t11ose cieaths or any serious investigations made 3 102 Eusi Kwayana provided the details of these deaths which he had personally investigated He testified that those cases support his thesis that in the period under investigation there was a disregard by the Administration for the right to life 3 103 The period under review was one of extreme hardships and difficulties in the life of the Guyanese people The Rule of Law was systematically subverted on a daily basis It was replaced by the Rule of Man in the person of Burnham and the PNC No evidence was provided us as to the extent to which the Guyanese people responded by emigration to the USA Canada and to a lesser extent to the neighbouring Caribbean countries But they did emigrate and in substantial numbers - --······1--·--------- 59 J ll 4 ne l1f the n1 11n ii1strun1cnts cn111ll1 ed 11y tile PNC' 1 Li111inistratil l as the i11 licti ll of pu 1 ic harn1 including death lJ l the Pi llCtivists and perceived Op ll llClltS 3 I 05 'he ch _q1tcrs that t 1llL1 V or the PNC' adrninistratillll 1 liscuss in greater detail the rl1lc tit' the n1ilitar · 111tl 11ara111i itar y organizations in that period anLI tl1c spcL ilic c ·cnts a11li circun1sta11ces Vhich c in1axcd in the death r o llr J r Va ter Rl1dncy I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CllAPTER4 c1tl Uirc i1tt J tl1e cause of tl1e cxplcJsion in hicl1 Dr Valtcr f odncy died '''l1ctl1cr it Vas an •f tcrrfJris111 •nd if sc Vito 'ere 1 T l the perpetrators - TOR II 111d C 1use Of Dea tit 4 1 Ti111e J 1cc 4 1 On the 13' 1'01· June 1980 Dr Walter Rodney died while seated in the let front passenger seat of a Mazda Capella motor car bearing registration number l'Bl32349 which had been driven by his brother Donald lllJdney At tl1e ti1ne tl1e ITI tl r-vehicle vas in a stationary position at in the vicinity of John Street and Hadfield Street in Georgetown 1lis brother Donald Rodney was in the motor car seated in the driver's scat I le himself received relatively J 2 1ni11tlr injuries On Dll11alll llodney's account gI 'en in e ridence at this _'lJJ11111ission S'1rlllleF1 v J Jl V fJeir1g t visfell I tearll ll l Jttd tloise ltncl at tile satne ti1r1e I ji lt tfl_V ll - Clit1st tl1e driver's lltJ Jr ivhiclt flew opet1 I realisecl 1 1e11 1 1c1t t 1ere l1r1c Jee11 c111 e r J osion ot1 tt'ltl er 's sic le of tlte cc1r ctt1cl that 1e i1·c1s seri JllS V 4 3 i1 1trell Donald Rodney further testified that he immediately ran to the house of Dr Omawale a leading member of the WPA Also living there were Karen De Souza and Andaiye both supporters of the VP A I le spoke tti lhe t VO vo111cn and infllrr11etl them of vhat had happened Gl ---· ·--------- ------ -- - -J rhis is C n ir111cd b 1 tJ1c CVidL' ll'C llf J arL'l1 J c 'Sl lJZ -l 'b _ testific l that he appeared at her t oor and she lJhscr 'cc_l that is tee scc1 1c l 1e1rterccl a11li 1 r1rJt 1v tS rlri -' Ji 1g rJ j 1i111 '· l·'o lo ving his rc11 Jrt that thr re ' ts terri J e llcci le11t tJr so111et 1i11 terril1 c l1a I hr1111 11e she 1n1111cdiatcly cft hon1c anti Vent to vhcrc the car Vas lricatcd 'rllSS cxan1incd b i Ir attorncy-at-la v l3asil 'i lian1s liJr the PNC' i ls l arcn DcSlJU 1 a acknll 'lctigctl in her tcstin1ony at the t XX lnLJUCst that 1hc VllrLis she rcplirtcd Donalci IZtJt ney as saying Vhen he arrived at l1cr house Vere tlic' '1' 1ttli Jeen a terri c rtccf cnr '' Ne-· hen p sscL by the altlirncy llr the she testified as iJllo vs Ir illia111s t'tJ1111tJft'S 11·hc1t i11 1·011r t'sri111 1r1011 '' ·'r V tt terri i e Cc'11 c11t ls llcS 1t1za 5 '11 csrs S Jllll'fl1i11 r 1c1 _ '011 icl1111 l' ' Ject ro htt J J1' 1 h ts li 1r111e11e r 1 1f ·Ir -'illia111s l11 1tJ ' litJ l' Jlt i11 the su111e rein un erst f I these tYJrlls 'tJr stJ111erlii11 f tcrri 1 c h 1s itl J Je11e I' terri 1 t' tllllf 1orrf J e _ J f_ · Is OeS 11i- t tJ111erhi11 '5 lillt' JCCfe I 1 1 I fia Jpe le f it lllllf c J1nn1issillncrs accept this explanation and 'l S c 111 llt JCC 1'1 rhe pcrcel ·c llll n1atcrial LlirlCrcncc bct veen the two expressions - s vis OcSnuza iJso testified ll l arrival at tht cenc llf the 5 accit ent - he pushed her 'ay thrLlugh a crr Vd that haLi alrc 1d ' gathcrc·ll Nll only verl' there civilians in the crowd l1ut 1nlll lg thl' civilians rJf of· r Je11·1 'l'rc t 1e 11·1c1n Jers of' the c11r 11'1ts 1J · ecrth S'c111iul She sa v t 1 1 t 1e flJfJ t · the She intcracteLI ·ith a policen1an Vhll at tirst tricl tn t iscl1urage c ·cntuall · all 1 'Cli tu her l'rll ll llll Ving closer tll the car lll1 C 'Cr he 'il -i l l I 111tJt1rh Sl1 Shl' cnnt1nUcli les 1 I s111-v thc1t the JtJ1 v 1111J 'L' j 11'11S c'loser 111ul s1111 1 11-k 011 thc _flrJr f' u 111ost ltstecl rJ11 62 t' l l St' 1 hi' he 11 CIS I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I fJressecl ltfJ l '5lti11st 1 1e d 1shbuc1rcl I thrJ11g 11 I rel rJ ' flisecl t 1e Jae of' tlze 1ec1cl 1vliil h 11·l1s the rJ11 v 11c1rt visible In her tcsti111or1y she ft 1rther stated tl1at she saw his pro ilc and tl1at sl1e esse11tic1 ly reccJgnized that i1 1-vas rV 1 ter Iler tl1cse l bservatior1s she n1oved 11way t111d tl1en returned ho1ne As Ms DcSouza explained the Death Squad was a reference to a special unit t f the uya11a Jlolice f 'orce GPF That na1ne Vas give11 to it by citizens lJecausc lf those officers' behaviour pc1rtic11 c1r v l'iciu11s te11dcd to the v clicl II J sc c111 to hai·e be ar111ed In her Vords the_v ivere ivit 1 iocke_v sticks c1nd Jafons c111ci c111_y Jroble111 1tsi11J t 1ese rJ11 fJeople lvho l 'ere 1111ar111ecl 4 6 n tl1e testi111ony of Fatl1er Malcom Rllllrigues the news carried l fl the 1 111 lJroadcast 011 the state-owned radio statit n Dernerara Radio the folllJ ving llllJrning in relation to tl1e explo il1n and death referred to a persl111 rrh JSe fa1c·e t'as clestroyecl beyor1d rec'rJg11itirJn This despite the wide-spread knowledge even at that time that it was Dr Waller Rodney who had died as a result of the explosion -l 7 Later that day the radio station did carry the name of Walter Rodney as the person who had died Father Rodrigues was a close friend of the editor of the Catholic Standard a weekly publication of the Catholic Church in Guyana Father Rodrigues knew Dr Rodney and his family well and spent the night at the home of the Rodneys 4 8 That same day he positively identified the body of Walter Rodney on behalf of Dr Rodney's widow Patricia Rodney On his evidence 63 fatl1cr lll1drigue - l1aLi no dillicult ' recL1gniLing the dccL·ascd I le tcstilicll 1s ll1llo vs ··1 ' t kcll J 11ul t J rlic sille fllll 1J11kc1l 111 1111 f rltlrcr ·s 11ce 1·11s jJCt fl'c 1e Je Jrti iv11s rorJ JJC1_ 'ct lzlso 11rJl 1Jl 1' Jj 1 1rJse scrl l V he f1 1 s he 1111r11111 li' hitcl It lntJk ' irs t itJl h S 11nu Jo 1· frJok tnrc 1 1tllll 11·c11t 111 i si l l 'll it 111ce r o rh i11 I I lar kc1l 1f it d11ll thou ht lf'' 111 Liii c rrr1r11r1li11 f ' ·· l r Patricia i l llney Y'ht1 gav·c cvit c·nce cit the In1 1uiry le stilieli 4 9 that she viewed the body three days after his death On her account the very c ·cning tlf her husbanLl's death police tlfficcrs attcnLicd at her h l 11e anLi can·icl llllt a search ·rhc next nlL rning at about 9 an1 her sister arrl 'CLi at her l atri1 ia l odney's hn111c with a l1ag l1f bloc dstaincd clL thing vhich her ister t lll lier had be n hl ught ll her the sister hy the pl1lic1 She the 111 rccl1gnizcd ·• ts r 1e c Jfhes fT' t rcr -I- l ' '1tr111 is r 1e fJre1·ir11 s e1·e11i11 r ' I atcr that day acClln1panied by 1 athcr l1drigucs l'atricia funer 1l parll1ur anLl_ vas t 1ld hy the polict that sh Cl lllli that i la · She persisted anJ rcturneLl a scctintl ti111c l1ut l l llncy Vc·nt t J the sec the l t 11·11s b Jl acct1rd111g t l her rhe_r su I r1' i1sc frJ t l 'l' 11s Jt'r111issir JJ f J 1 1 1t1l vcr scl' the ho1 1 _l liles I itzp1 1trick 1ve11l f J rhe i111cr11I h1J111e un r 1l' '1111 it ' f111t r 1e_v 11 il hi 111t 1c_v1licl 111Jt 11·rJrk 1Jn '1111lllrvs -I- I I n her C ' dcncc ·hen he ·as linally allO 'Ctl ll ie V ht r l1usl1anll's hl1d y she had 1111 L illiculty recl1gn11 111i 1111 i 1dcnt1ryi11g hi111 Patricia l odney tcsliflel that three days a lcr his death 1 11 June I 7111 I lJ8 64 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I F'c1t 1er f Jc ri l 1tcs tt1cl ret11r11ecl f J tlil' 1 'eVi fJttrg F1111erc1 Pc1rf Jltr iv 1ere f-1 JJ Jt fc 'rt1e arid son1e rJt 1er JJ Jiice1nen i vere Jresent _fi111eral fJl1r J11r ii·c1s ver v clepressi11g ctnll 11rJI reji·igerc1tor 1rit 1 llllkcct 4 12 ri1c1 ter 's tt J Jltf ' lie kept i11 a sanitar y stc1te i-Ve c1 I 1ve11t i11 trJ sl 'e i11 r 1e Jodv It 11·11s in a 111ge poorlv ivcJrkin r eig 1t otlier Jotlies scJ11te 11aked srJ1ne 1t1 f' J Jl V ' IS llf r 1e botfO Jl J ' rlie pile It lVGS ll clrec1clfi1 Dr Patricia Rodney described an interaction between herself and ASP MeCrac at the parlour when he asked her if she recognized her husband She testified that she refused to cooperate in view of the state's inaccurate publication that she had previously been offered the opportunity to identify her husband but she had refused I I I 4 13 Senior Superintendent Leslie James the Head of Criminal lnvestigatio11s Departn1ent at the time of the 11qtiiry attended and gave testimony In 198 Senior Superinten ient Ja1nes Vas not a me1nber lf lhc Guyana Police Force having only joined the Force in 1987 His testimony was based on the records uneaithed which were produced to the I Commissio11 as veil as l1is O Vn experience and expertise developed through his 27 years in the police force regarding methodologies used by I I I I I I the Force In the course of his evidence he produced exhibits including police files relative lo the investigation into the death of Walter Rodney and Special Bruncl1 Jiies CL l1Ccrni11g surveillance Ct nducted in relation to the VPA 55 ' ' ---·- ------------------·1·--- · 14 t1 ' 1 rc11t rt fa 1 JSt n1tJrtc111 cxan1inatilJll Cl JJ uctcll 1111 the b Llv lJr V'a tcr Jt 11cy by J r I cslic M Olnl1 a klcal pathol 1µist on June 111 - J 980 giVCS the Ca USC 11 r117fe i1 illrl1'S fJj rlie l r death as f lll'll l lf iock IL' ' S file' his t1bscrvati 1ns and t1pinillll slatccl J 1e Yalter J Jdncy's 111J £tt rhl' ff l lz lL'l lf l itf C t' jJ S Jfl 1' fJ r sivc ti1ne r · e Y Jfos11 11 '' l J r_ lnlllOl in fc1·icc '11 ' i11 _Jr ·rhe lk1ct 1r's Urthcr prlJfcssionat l1pinil1n Vas that the cx 11los1 ·c th ·icc 11· 1s 1111r 1c f 111 the ht1J1 s 1 f-r 1e fect'ltSt t ' as had this 1ecn so n1 re sel't 're 11111ri 1ri11 1 111i11ries 1 r 1e h tnt s 11'1J11lt have 7ecn 't'l'll -t l 5 r I I ugh Jl hnst1n a consultant palht ogist as hrl1t1ght tl1 iu ana ll unllcrtakc 3 further plist llll1rtc111 cxa111in1 ttior1 Jn his rc11nrt dalcli the June J 111 l ' he aL- l1 C llclt1clcd that Jr Valter Rolincy f1l1 liiefl 1t' iile sillin 111 lt Cllr Jf 011·i11 r 11 L' ' Jlosio11 o ll £1C 'ice r111 lzi · 1£1 J 1r 1ic 1 'l S JIU fllllllf 111 1 16 he llf tlze tillll' f lJnalct Rodney was ht1spitalizeLJ the night 1r June 311i 1 8 l1r treat111e11t l r his injuries Vhi c i11 hl_ SpitaL l1c Vas visited lJy SP lcRae onalll l°lt Clney·s 1ttl1rncy Vho Vas prL·scnt handeli · Sl ·lcl 1c I I I I I I 1 I I I I I I I a signed statcn1cnt 1fDonalt i l1dncy l onalll l l1tincy Vas l itcr l ll the Jur1e 8 111 98 L Ucsti 1ned hy the saiti po icc 11r icer in the al1scncc tJf his I 1tll rney hilc still in hospital Lltl Junl 24 11i ' 80 i SI -vlcJ ac again I I I I 1ttenL1c l at the l111spital ·here l l nald l t lfncy· still i1 pi1tit nt Vas fnrrnal y· cJi irge i ror being in 110SSCSSit ll Jf CXjl lJSiVCS 'he StatClllCD t f llaltl Z Llney vas put in cviLlencc at his trial by Ihe pr 1sccution l d in his tlctl ncc G6 I 11 I '' I I I I I I what was in this statement Reference was also made lo the fact of the statement at the Coroner's Inquest held later although it was not put in I I I I I I I I I I Donald gave a brief unsworn statement in which he basically summarized evide11ce 4 17 THE CAUSE OF THE EXPLOSION THE SOURCE OF THE EXPLOSIVE AND CIRCUIVISTANCES IMIVIEDIATELY PROXIl IATE TO ITS PROVENANCE 4 17 Donald's evidence was that although he was not a member of the VPA he decided to stick closer to his brother Walter and assist him in what in su1nmary would have been a supportive protective role 'fhis was after certain events occurred which caused Donald Rodney to become i I I increasingly concerned for his Walter's welfare In answer to his attorney Mr Keith Scotland he outlined the events reforred to above 4 18 These commenced with the murder of Father Darke a journalist priest of the Catholic Standard on June 14' 1979 the very day the 'arson three' were to appear in court A crowd had gathered at the Brickdam prison from which the accused were to be transpm1ed Machete welding thugs were there intimidating and threatening the crowd According to Donald Rodney I I ' the police stood by doing nothing to protect the citizens Among the other events listed as influencing Donald's decision was the speech of the then Prime Minister Burnham at the third Biennial Congress 67 4 l 9 Scl vyn Jliett rs 1 ttorney-at-L l V j r the Juynn t rrnrlc lJniL ll C J lgrcss c1L- l t a1nint I J l1nalLl R Jllncy in rclatil n tl1 his assistar1cc tlJ 'alter and pro Jed vhcthcr the collcctill l Jf tht Valkic t _dk1c 'tis a ecrct bet vct n then1 l- o vcvcr l llnald denicl1 any a vareness lJr any such secret I-le vas n1l rcly helping his br 1thcr his ·as the Clintcxt in hich 1t his l1r lthcr'- request l l lJ ll -i 2 I ci lncy 111ade contact vith Circgor ' Sn11th tlJ C Jl ect a valkic ialkie set vhicl1 his brL ther alter hall infor1ned hin1 Circ lry Sn1ith Vtis· cnn - tructing1 at Va tcr' request f-Ic l llnt lLi i odncy - tatc i that be hall v1sitcll Clrt gl rJ' Sn1ith 1t his hL1usc in IZusscl Street in Clel rgctll V l l l at lcc1st l ' J llccasions and hacl n1ct Vith hi1n llll 1t least three 1ltht r l1ccasil1ns clsc vherc in J-Cllrgt t l V l Jn one further llCCasion there Vas an arrangc111cnt Cir D 1nalLi tl 111cct Sn1ith at an acldrcss at Nortl1 RLii111vclllt but Vhen he arriveLi a lacly calh ll nut to hiin tLl tell hiin that Sinith vas not present rile unt c1ui 'c1cal c 'idcnct in 1nald Rl dncy's ll VO 'nrd 1i'ltlkit'-ft1lliie thltt 1vt1s Jci11 ll 'se1n Jlcll IVl1lte1' f 11 thllf is rc ids -ls fl1r ls I l111rJ11' it 11· 1s ti ll11 1t is 11·hl1f I 1111 crsf Jl f -rJ111 1vh tt 11111 crstotJll fi'tJln frc tJt v '1nith ---1- 21 l l I1alcJ lludnt ' cst1ficd at this lnquiry· i11frtJl 11cetl ttJ Grc 1_Jo ' ' '111ith so1nc ri111L' 111 JS t illll 'S i ' J intr 11cc i·V'ultcr ttJlll 111e 1J ire _i £ rv '111ith lnll the · 111 I 11'ell 1·hu11 I 1·l1s S I ' 1ct tht1 rc - 01 v '111ith 'llS 111ul i11g 11'£1 kic-ftrlk ies iJr hi111 11 11 tcr 1111 tt ·s11111 ' _I rhe IVP L I 'L'llt ftJ 111eer 'L' l JI'_ ' 111ith lit Rus · ·11 11111st sit ' 1J11 the first occ 1si1111 u11ll l1 11·es 'rrect 'l S t'i1r _1· tl'hen I Jl 'tJ ir co11 1 h£11·1 hL'l'll likt' - 1r11t11 l' l11ll tl1e s11 Jsl't llt'ltf visits ttJr1k 1il1ce het1i·ee11 'c r1u1r v £11 rl J1111e 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 4 22 lJonald Rodney lc1rther testified that approximately two weeks prior to the June 13' 1980 he had met with and collected from Gregory Sn1itl1 tl1e walkie-talkie lievicc for tl1e Jurposcs of a preti1ninary testing His cviLic11cc is that 1bout two weeics l iefOrc June 13 111 Valter askeli him to collect the walkie-talkie set lrom Gregory Smith Donald did so and was gi 'en a partly l ioxcd l bject vith an electrical circuit i11side Smith gave him Sl 1nc llirection l Jr its testing l11 l1is 1 word c1rl o '1 1c circ1til hc1d ct s111 1 I kr1ul1 llllci ie clirec tecl 111e 1 1c1t it 11eeds tu 1e t11rned to JJitt ir1to i-vllllt I ivcJ11ld ClJI rl JW a set pusitirJn He VV J1tlli l1ave 1111utlter 1111it 1i·hich ll' J1till re111l1i11 ir1 his JJOSsessicJ11 Jl1e circttit tliat I l1l1cl lJ sn l1l1cl l1 l111 b 1l1l1t I 11·cJ11lli liescri 1e lIS a_fll1s 1 J11 b a11d t 1 1 b11 b lc1shed ivl1e11 'lie' S'11iit'1 ttl'tivated tl1e 11r1it the tivu 1tnits wr111 d be s_1·11cltronisell 1 oiv s vnchrr1r1ised is ct 1vrJrd 11·c1s f5i1·e1t ll Ili 1c1d i11 111 v l1lIIICI thl1t 1c1ve 11ot seen Jttt 11·e I a1n 11si11§ rtoiv 111e Jne I ivere disc11 rsir1g anll u11e that I he referre i to and I assu1ne he 1c1cl That is 1ow it is Jei11g instr11cteli t 1at ii ivo11 ll i1Y1rk 4 23 Donald Rodney continued to testify that he conveyed these instructions to Walter and that he and Valter adhered generally to the instructions given by Smith The bulb did flash as Gregory Smith had said it would and thcrealkr on further questioning by Mr Scotland he answered as fiJllows The ll1sh i-vent r · I c1sst11ne tht1 1 1e s_vnchr 11iislttio1i tl1l1 1·vas l1ei11 is scJ11 g 1t 1c1 Jee11 lJchievccl It Vas there after returned to S1nith tOr Cl 111plction What Vas 1nust 110 V he i11JCrrcli is tl1at tl1e Cl 1npletcci Vallcietalkic was collected by Donald from Smith on June 13' 1980 69 I I '·L24 11 that 1terul ay Clrcgory S111ith issued instructions 11ot Illy 1r the est1ng 11 ' its llinetiunability but as veil as tll the 11rccise ll1eation Jt v'hich the test sht1ul J he Cl1nducted ·rhc irst test hl1UILI take place Jt Princess Street ind the SCCll H I test shotild take place llpJ1l1site the jail ·rhc cxplanati 1n given 'as that Sn1itl1 ·anted tl h01ve the test d11ne tipptisitc the Prisc1n I Ii rat111na c ' Is that he 'antcLi to observe Vhethcr the transn1ission lJti Li be intcrlCrcd Vith by· the cxpansi ·c 111etal 'a J 1nalll tcsti icd that ' 1ltcr llili l t abide by the instructil1ns JS Ill lt ca i ll q111arcntl · not Cl1nsiLlcring then1 essential lle11cc the test vas carricL tiut in llr abo11t the 1 ieinity of ltihn Strcct and I lad field Strcc t rather th in hes it le the prison t 25 r ·rank Skuse a Con 11sic scientist attachctl tl1 the 13ritish J llC flicc F rLnsic Science J_al1t1ratt1ry in l' nglanll vas hrliught to C_Juy«111a by thc g 1vcrnn1ent to carr ' t1ut 1rensH tests as part in ·cstigat1t1n I is reptlrt VJS Jf the Jt1lice· ubm11ted to us a111t1ng the thJcu111cnts 111 the tiles sul1111ittcti b the· pL licc ·le lrst Cl1ltsti tcd llll 1rr1 · d in iu ana ·1th Di puty· l 1111n11ssit1ncr ll1crts and ss1stant Supcr1ntLndcn1 1 enlhilL the Investigating f icer iv·tr tlcRae as Vell as Dr i ll1t1tnt1 f 2 1 ro111 J r Skuse's report he v1sitctl the t1catit1n at Vhich J r I odncy n1ct his death ex ainincl the Mazda car in Vhich r l tillncy tlie i exan1ineti Valter's htJtly anti had it x-ra ed as Vell 1 In addition hei rcvie VCll pht1tt1graphs taken by the pl1 iec rclativL ltl the incillent C' a lllllCd C t ra itClllS i11elt1lli11g 7' V JbS rrtl ll the c 't il lt right hlllldS I le f lhe dt ·ccascd ling er nail Crapings portio11s Llf clt1thcs Vtll ll hy Jr odncy at 70 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i •I I I the ti111c 1e 111et his llcatl1 I le also exa111ine l l'rag1ncnts extracted from tl e vehicle and the body of Valter Rodney Swabs were taken from the vehicle a11cl subjectcc_ 4 27 tll J _ rcnsic tests from the bo ly of Dr Rodney was recovered among other things a s111t1 Cll JltL'iror rJr fr lnsistor ct1n the resi 11e rJf ll 111icrrJ-switcl1 £1 Je11t 11ail £JS it·ell JS Jf 1er f· 1 '51t1e11ts oj t'ire r 1£tss t111t t'U Jc He gathered 70 swabs samples in all He fm1her notc l that on his examination of the vehicle he was able to confirm that the roof had been torn off and so was the frl111t windscreen I le fc und that the engine con1part1nent and tl1e boot of the 'ehicle were relatively u11damaged He 1nade 110 co1nme11t in relation to the rear passenger seat -l 28 I-laving carried out l1is examinatio11s and tl1e appropriate tests l1e concluded that t T 1e da1fl lJ e lrJ t 1e vehicle vvas e11tirely co11sistent vvith tl1at c·c111sed b v Jn e J rJsi 'e Llt vice sit11t1tec on the le i k11ee rJr sl1in l1rJtie · ll JJasse11J er sitti11 i on this pltflsenger se t ii Frc1g111e11ts _j J1111cl 11·ere consiste11t t'it 1 1t1vi11g c·o111e frotn VV t kietalkie radio set 1ic 1 LJccording to 111t1r it1J sj01111d 1vc1s to a prvbc1hilit_v ti 'Ilarris PrJrta Jllt Jl e 11 tt kie-tallcie set' tra11s1t1itting on a j'reqt1ency J 1 x 2 58541 which C Uu s 151 025 4 29 Dr Skttse als J IOt111d e ide11cc lll' a dctL1nator and summarises 1 1is conclusion as flillo vs 71 I I I I T 1e cleceused Jr r-r Ro 11e v sut in i1 stu i JJJc1r_v 1·chicle 11·it 1 c1 J 1rccl 1J11 1is lcr1ce tncl ri r ht us l l1m iJ1cli11cll f J the viei-v thc1t his left le rs cr JS ' 'C 1is sho v1t t'11 JcJ_ cu11tl1i11i11 '5 a the JJ 1rJtogrc1rl1s Jc1rcel car1 11'11ccl a lt' J Jc e11 I s111 1 l chc1rge f· Tlv'T c fJ r sive an c1 1 z111i1tit11n clctun tf Jr l' 1c hrxr iVllS 11a1 eci f Jc' Ct 1er L r1cl c1 k11 Jb cu11trolli11g tl selector s1vitclt lt'llS avc1i r1ble t J t 1e 1i rsrJr1 rJr 11ers J lS in clll7t e uj· the fJc1rcel I recoverc 110 JJieces r f· fr 11cl 1Jec1ker_fi'lJn1 tl1c vehicle The sec111ence r f'ever1ts crJ11 cl have Jec11 thc1t l y ir1 tr11ction Dr Rudne_v Jilt t 1e receiving circ11it ontu t 1e receive posiliiJn lJJ' tl1e crJ11trol ' 'V1-'iich i ltlcl 1vc1ited fi1r cl s nal tv 1icl1 1t·as 11 v rcce1vf'li lll'lll release c11rrent fi«Jll1 the l1atter_v to rhe rleto11atr r 1llter11c1tive v he coulli hct 'e n1i'i'ta e11 v fJ11t t 1e receiver it1to tl1e receive J70sitiot1 ff' te or his hr f 1er hc1li a vvc1 k ie 1 cie i11 their hancls thc11 tt-' J11 d hcrve e fJCctecl 1is Jrotl1er to mc1 e f1is Q1 liilable rJr 1j' 1e rr11Jped it in t 1e relative y 1111lla1nl1gecf circa tlze cllr it ivo11lcl 1ave beeJ1 recovered c1s vv'rJuld tl1at lJf Jr 11 f oclney· 4 11ze p J 'Sihility f 'tt11 'e 'C ter1tal' s r 11t1l ipt1rioi1s to tlze f Jt 11ey's or J11tit 1 J11r Jortetl t1ctivities ct111 he e 1CpltJretl t ter i1tve ·tixt1tio1z t1f' tl1e elel 'fro1iic 'i· 11setl ill tlze tlevice tllltl i11j'or11tttti Jt1 l1t1s bee1z e ' tl111i11etl ttb 111t t 1e Flttrris J Jrta11 1one T 1e c 111rge JtlrJJ Jrtetl ftJ tttve 1ee11 1tsetl is fJ'fJict1l to tl1t1t 11setl tis tlll tlJlfi-JJers JJz11el tlel'ice 1' ze bsc11cc - l' YJJ osivc 011 I trc111s1nittcr receiver 'i-_ sten1 1 rc1b t Jfy fJc1rt or 1rh Jl v 11 llarr1s F'orta 7hone fi11kcd tr fJr11necl lVith 77-ie rhe hlllllf i' 1 · _ r Rr1rl11e_i 11 l_V or n1c1v 11rJt IJe sigr1 flcc111t ts 1hsence 111a_v i11clicc1te thc1t 72 he ivt1s l Jt rf 'Se111l fin f a i 1 I I I I I I I I I I I I I I I I I I I t evice or had riot rec eFll V assernblecl ct clevice Any e i plosive whic 1 1nc1y l1ave Jeert present rtt the rin1e e 'utt d 1ave been lost llitring the first Jost 111 Jrte1n Tl1e han ls were very ·Vet at t 1e ti1ne o f 1ny e ran1ination a11d were ying ir1 the expusecl jJarts of the abdon1en T 1e label part of item 61 is typical a battery supplied to me by the GDF force in Georgetowll The co111po11e1lts and circuit • • • •i •I board recovered from the debris i11 the car indicate that the radio in the device or incidellt was different from those used by the police t111d GDF j rces TNT is an e plosive 11sually 1tsed Or militczr v JJt1rposes CONCLUSION The absence of iujwy to tlte ltallds suggest that the hand or hands I I' of Dr Rodney were not operating controls or preparing the device at the time of the explosion and my view is that the deceased had all armed device usillg TJVT 011 his kllee or lap which was detonated by receivi11g an e tter11al ratlio sig11al at t 1e appropriate frequenly • 4 31 I • •i •I lthatfo111ld Oil ln summary Dr Skuse's description of the box and his opinion tl1at the device could l1ave been detonated by receiviF1g at1 e -rternal radio signal at t 1e clpJJropriate jf·eqitency is consistent with the evidence of Donald Rodney as to the instrument and instructions given to him by Gregory Smith for testing 4 32 Any suggestion that Valter Rodney could have mistakenly triggered the device is irreconcilable with this expert and independent 73 ' i evidence Ve go further an i hc d that tl1c the - ry Jr an acciclcnt has no sup11c 11 011 the evi lc11ce 1-lis 'i11ding that the explosive Vas in the nature 4 33 pcrson11el cvice in iicatcs thL1t it vas l Jt cap 1blc JC nl r f an anti- V 1s it c igne i tl ic1n 1lisi1 a cc1ncrctc strt1cturc such as l priso11 Vall 4 34 Ne cvic encc Vas pr -1duce i to this In jttiry that his 1pinio11 tl1at it shotrld l1c possible to identify the rrc -1uency l11'tl1c signal V S LXp l1rcd It 1nt1st be borne in 1ni11d that ·rrenton Roach tl1cn a constable in the Gtty'ana 1J -1lice force attache -i to the Coin1nu11ication I3ranch Vas able to give tl1c frequencies of the electr Jnic ec1uipment taken Ji·om the Russell Street residence to J-rcgory S1nit 1 It theretOre leacis to the inference that res1 1urces existed 'or ttch a co1npariso11 as Vas recc11nn1endc i by Dr Skuse to be i ttndertaken l-f1 1vvcver it Vas never u11clcrtakcn 4 34 It is also of interest that Dr Skuse in his report a so noted as I follows ''rrJ1n the it JrnzatirJn so _far el1tci flztetl ji·orn the e Jris it sl1lJlllll lJe lJssib e trJ i ie11t f_V 1vhic 1 JJerson rJr JJetS JflS or ser10ct's OfJCrl1te on t 1is_fi·er111ency· llllll JJrlJbably trr1l c tl1e CtJl1lJJUner1t'i trJ a JJltrtic11 c1r set ivrJtlft l JJJreciate the rJpjJrJrt1111ity rJj' e rt1111ining c1 -fr1rris JJhrJne FVt1 ie tt1 kie s vste111s 1ej Jre co1n1nitti11« n1_vselffi1rt 1er I I I I I I I I I I I I tJrtll I I I I I I I I I I I I I I • • • • •I • •I I I 4 35 There is no evidence that Dr Skuse was brought back to the juris licti Jl or othcr visc afforded the opportunity to carry l llt any further exan1inalil ll of the debris and or a I larris Po1ia pl1t ne system Neither did a11y t lhcr ex1Jert carry t1ut any furtl1cr exa1ninatio11 or ill 'estigation as indicated by Dr Skuse to be desirable · 4 16 The failure to facilitate the rccon1n1c11 led by Dr Skttse represents Llne compansons tlf that were the n1any u11satisfactory aspects or the police investigation into the death of Walter Rodney 4 37 The evidence presented and which has been ret ' civcd points to one inescapable conclusion It is this that Dr Walter Rodney's death on the l 3'h of June l 980 was as a result of an explosion of a devise provided to him lJy Clregllry S111itl1 and tl1at explosion was triggered lJy an cxtcr11al source 4 38 It had not been Dr Rodney's intention to bring about his own Licn1isc a11 l so fhr as he and his brother Donald Rodney were concerned at the 1naterial ti1nc tl1cy Vere intending to test the tra11s111issio11 Cllpabilities of the devise supplied to them by Gregory Smith This testing was pre-empted by the explosion which occurred while the devise was in Dr Rodney lap and not being handled by Dr Rodney 4 39 VllETllER TllE DEATH OF WALTER RODNEY WAS AN ACT OF TERRORISM 4 39 llrLlcr 'Lllllll1 111 to all dcfinitiLlns of terrLlrism is the use of vit1lencc in ttl achieve a gtial F'or example in tl1e f fcrria1n WclJstcr l ictionc1ry it 75 is defined as the 11se fJ 1·irJ cr1t llCts trJ _ l·i z hte11 t 1e JJl' JJJlc i11 ftn r1reL1 11s er j' tr vin f to llchie·ve ii l_V tlefined as JltrfJ ISes rt µoliticc1 rJLll In tl1e Oxfl J'li I ictionary it is cs Jccil1 lv j Jr j O itif al 1tse fl virJle11ce unt inti1r1iclc1tio11 It is also cleti11e i as a systen1atic use of terror especially as a r11cans of cocrciort - _ _ In rcce11t y'et1rs the CC lCt JJt Jr 'state tcrrL ris1n· has attracted i11creasingly inure atte11tion in legal a11d pL liticai circles In an article L y i t11Y Z a n1an llh 1 Sile llOtCS that ' ' life terrrJris1n IS S CfJl frfJl'Crsfrt ll itself l'crrrJrisrn is 1Jjie11 t 1011 1 _ 1 11rJ l1livr1 vs cr111ce1Jt r1s tfl lf rJ ' tcrrorisrr1 l L'fir1ccl in t rr11s r f Jur chc1rt1ctcristics l the t 1rcl1t rJr 11se 'fr cncc I jJfJii1icl1I 1Jbjcctive t 1e tics ire f J c htn1ge the s1rtt11s ICJ 3 t 1e i11te11rior1 trJ s _ reLlli f •rtr f v co1nn1itti11 r SfJCCfllC1tl11r JJ11 1 ic r1cts r4j the i11tentio111tl fltFft etin«s r1 'ci1'ilit111s It 1s this lr1st elc1ne11t --t1tf' t'It11 rs i1111rJcer1t c1Filic111 ·-- thc1 Sfltncls rJ I in cf rrs to 1 1sti11 r 111sh sfttte terr1 ris1n fi·r 1r1 tJ 1e '_ cJ1-rn · f stctte 1·irJ c11cc 4 41 In all democratic societies there are fundamental laws by which the ci ril rigl1ts of citize11s are ackt1ovv cdged recognised and rotccted In cot1nlrie_ Vitl1 a Britisl1 constitutional legacy this is usually containccl in a cl1apter or tl1c CL n stitt1tion entitled or ticsignated JS the c 11apter 011 L'11nLla1nenta 1-Zights Ir1 Gt1yana in 1980 those funcla111cntal rights ind protCCtiOt1S VCrC set l Ut in hapter 2 of the JUJ'a11iJ c_ onslitution till i11cluded as t11ey still clcl today the right tel lilC prtJvisil1ns ttJ secure 75 I I I I I I I I I I I I I I I I I I I I 1lt protection of law freedom of consc1ence freedom of expression and freedom of assembly and association Section 4 of the Constitution provided ll 1Vo fJers Jn t 1e sentence of a co11rt in respeL'f rJj' an oflerzce 11nder the law of Guyana •Ii •I Jfw 1icl1 he has been C Jtivicted 4 42 there is reasonable suspicion of a crime and also for the suspension of rights during periods of emergency In fact under the laws of Guyana at the relevant time tl1e o11'ences of treason treason felony sedition rout or unlawful assembly riot and failing to obey a proclamation to rioters to •I disperse existed It was also unlawfol to own and or operate a transmitter device such as a walkie-talkie without a licence 4 43 i I I The Constitution and laws made pursuant to and concomitant with the Constitution allow for the detention of persons in relation to whom •• • • • •I shall be lieprived Jj'f1is life intentionally save in execution of Act 1 Under the National Security Miscellaneous Provisions the police were given the power to enter and search premises and arrest detain persons without a warrant on reasonable suspicions of such persons being in possession of ammunition or explosives A person detained on the directions of the Minister under this law could be detained for up to three months without a charge ' I I 4 44 Additionally there was a fully operational police force in place Besides There was the Special Squad of the force referred to by citizens as 1 The National Security Miscellaneous Provisions Act Chapter 16 02 77 the Death S iua l Still further there 'Vl rc J t icc JJl regular atrl l clt1liL'S 1n l a11 intelligence scct1un div1sil1n fhc Special ranch vhich l111 tl1c ll licial Stancling rdcr presented hy Senior Supcri11tcndcnt Leslie Jan1cs Vas chargecl Vith Jj ' 1t c1J111 11cf lill i11rclligc11cc 1i1Jerafi1J11 lillll i11 'l'Sfi l f J 1s 1J tt scc11rif_v 11l1t11re t 1r l '2 hour 1 1e t11re J ll1e CtJ lltti Jll llllll SSCSSl Cllf o 'l Cllrit i11telli l'l1Cl' ' c 1111' c1 0rcc111c11r n r 1e lil'llS ·lcr ' ' 1e i111'e ·ti llfi1Jns i11l J 1tfJJJficufi1JllS f-11t1 11r11 isati1J11 JJlJr t r t Jh I 'f' 11 ' 1iersonal fJrotecrio11 us 11'1 11- 1e11 Jr1lerc1l Jv 1 1c C ' Jt11r11i ' si1J11c1 1Jf'1111 tJf f ftll t f iciu s t11ul i1111J Jrt11111 JL'rS J 1s 111'CSffg tff JllS Jf f ttck rtJl lllf '1' JtJf'fS 1J 1Jrcc - Jf ftCtlfi JllS tllllf Fi re11 r111 ·If jJ i Cl I iv11s 1 lll_V rJther t iith s Jrllcre1 l v the '1J111n1issi1J11cr I'lfr l_ l ttph ' jiccial Britllch l'i l Jt Jftllltllt• i11vc ·fi ltfe the J 1J ri11«s tJ C11se · - 11 'e1lirion J l'11ses tt llillst Jfficilll S'ecrcts Jct i11S J 1r 11s t 11Jsc 'lets rel11f1 11 711_ 'l t c Jffi'11se ·i 1111tl1·r 1l1e lJ111ll'sirrtf le '11 J icl1fitJ11 l c 11lt1li1J 1s 11 t1llliriri11 1rht'H e YfJr ·s · r or1h'ret ro 1 J s1J li v 1 1e '1Jt11111is v11J11cr Jt'1· 1 Jrl111ch i1·i 11111lcrr11ke 11r 11 Ys1sf 111 th1' 111 ·esfl tlfl l Jj' 11·r11J11 18 I I I I I I I I I 11 I I I I I I I I I I I I I I I I I I •i • •I I I I I I acts of sabotage in any part of the State The responsibility of Special Branch in relation to the above offences does not in any way absolve the Divisional Comrnander as the Senior Officer in a Division from t111clertalci11g t 1e initictl i1i-vestigatiun and retainin '5 general responsibility fur the proper i11vestigation ofsi1ch ojf ences in his Division In the event of any offense listed above being committed in a Division it will be the duty of the Divisional Commander to report immediately by the quickest possible rneans to assist tl1e Assistant Commissioner Special Branch w 10 will decide whether personnelji·om Special Branch should be dispatched to the Division to assist in tl1e investigations 4 45 The Special Branch was not inactive The evidence shows that in relation to the WPA alone there were at least 10 files although only three where found and produced to this Commission 4 46 There was therefore available and in place lawfol procedures and institutions at the disposal of the state which could be employed in response to breaches of the la v There was no need to resort to extra-judicial or extra-legal action which falls within the definition of state terrorism There is nothing in the police files provided to the Commission that Walter Rodney was charged with any offence save and except the charge of arson instituted against him and two other members of the WPA which was subsequently dismissed for lack of evidence 4 47 If it is that law enforcement was of the view that his actions or words amounted to criminal offences there was provision within the law to take appropriate action The evidence is that his house and that of his in-laws were subjected to frequent searches Nothing was found and no criminal 79 charges Vere laid ·rhis evidence Vill e the subject j 111l1rc cletailec_l cc nsiclcratic1n later Suffice it to say that those actiL llS have lJccn characterized as acts oJ' harass111ent by the lJOiice 4 48 In considering whether the death of Dr Waller Rodney was the rcst1lt of a11 act or terroris1n vl1etl1er by llppcJsing JJOlitical i11tcrcsts llr inclivicluals c1r by tl1e state the evidence Vhich 11as l1ccn pre il1usly c 1n 1lyseci and will l1c an 1lysed in relation tcJ the otl1cr tcrn1s cJf rcfCre11ce n1t1st lJe cc1nsiderecl ·rhcsc include Gregory Smitl1's ccJn11cctions a11d a11tccedents So too n1ust the ge11cral atinosphi rc in tl1e country rcir tl1e period lcacling l p lo Ju11e 1980 lll1dney's i1npact as a lca Ji11g i1l1 itical figure 1is an l the WP L 's relationship with other political organisations and the security forces are also relevant ccordingly the ansvver to the 1uestion pl1scd in tcr1ns of refere11cc two will be postponed to allow for a fuller consideration of these matters 4 48 ACCIDENT OR DELIBERATE ACT 4 48 'I here is a preponderance of cvich nce establishing that it VLlS Veil k11own that CJrcgory Sn1ith Vas a serving n1c1nber f the Ju 1ana lJefcncc Poree Despite this tl1e 1 r1ny at tirst c enic l· any k_nc1 vledgc l f S1nitl1 as a 111embcr of tl1c GDF Retired 1ajor Jenera Nor1na11 Mclca11 then ChictCoJCstaff or the GDF admitted that the Army at lirst stated pul1lic y tl1at lll1 ' -Jregory S1nit 1' Vas a 1ne1nbcr lJf the C_ltl ' ' lnc1 DclCnce i 1rce l ut later on Jffer 0 c·heckcll l i Sltill 11'e irerc r ivcn the 11111nher 4141 tl1l1f is 1i11e11 tlze v _ves there is 'IVillillln rC ftO J S'1nitlz ' c·icar y it Vas 1 'fvidencc of Retired Major Gener il Norman Mclean given so 011 the 5'h d iy of June 2014 I I I I I I I I I I I I I I I I I I I I 11 I I I I I I • • • • •I I I I I- ____ _ ______ _ now being acknowledged that 'William Gregory Smith' and 'Gregory Smith' Vas one 4-49 and tl1e same perso11 Major General McClean further testified that he had information that at some point in time Gregory Smith was a deserter from the Army but when the direct question was put to him Are you able to say definitively whether William Gregory Smith was an active member of the Army on the 14 ' June 1980 he replied I do not know that 4 50 This 'gap' in his knowledge or recall is in this Commission's vrew adequately closed by the extract from the evidence of ASP McRae given at the Coroner's Inquest held in 1988 There he testified that he having spoken to the Chief of Staff who was then Major General Norman McLean for the Guyana Defence Force GDF who was the Major General McClean had been able to establish that on the night of June 13' 1980 Smith had been a serving member of the army 4 51 Indeed by the time this Commission convened there was no doubt that Smith was so enlisted For our purposes the relevance of the army's initial denial is that it certainly raises in sharp focus the question as to why the army would have initially denied that he was a serving member_ The answer may well lie in an attempt at an intentional cover up That coupled with the other evidence which had been examined has led this Commission to that very conclusion 81 i 52 lie evidence prn idcd l1y nnc agncr is 1hat _ircgliry· Sn1it 1 dieLl ll the Nuvcinbcr 21' 1 20 2 lJnduubtcLily V 1ile l1c Vas in fuya11a and prilJr tlJ tl1c death ol' ialtcr nclney he l pcratcd as an clcctrl lics tcchniciatL l· viclcncc tl ti1is ef Cct is tn be round in the statc111cnt dated Jtl lC 2 ' 1 i 980 Vhich Vas inc udcll in D lC r frlJt11 Pan1t la l eharry ti1C ptiliCC riles -J'hcrC she stated that c·ircgl1ry S1nith v 1s her ncighbt Ur until she rch catcd 11 cccr11 1cr 1979 1nd he livcc at 4 l u - scl Street ic 1rgcto V 1 ·ith unc i VCllLlnlyn llJ lCS his para1nnur She fur1hcr tcs11ficll that lie r ircgnry S1nith 1acl S lrrerl trJ Jr111 i11 f J the s 11cl UjJ Jrrn1L11r li1J rt'cu 1·1'rs u11'I 1 fl1cr VJJC Jf·r io cq11i J l ' ll 11 t d liti Jll f J rc1cli1J rt'l-'L'l 't 'r ' Ui sets 111irli 11 srJ hl1 rJ111Jcc1rsi J 1s 11' 1 liiu- 1 kic scrs a11ll 11thcr 111cclu111ic11 11str11111e11rs -l 53 ·rrcntnn I l ach Cl nlir111ed Sn1ith 's involvcn1cnt intl training i11 clectronics in the security 'orccs slating that I 11·11s 1111cc' 1J11 lr1111· 1 lic'l' J 1 11 'c 1111ci 111s jJCrllf1 1 S C 'ursc' 11·it 1 J 11111 ·· 11Ji11t In llnct1n1ent dJtcd the 1 pril t9 11i l JS ti 1unll in l llC of the three pecial bra11ch lilc rclercncc is n1alJc to Gregory Sn1ith Ile is llescril1cll as an electronics CXl Crt 11 1 l J l 1 rfis 011 the Vll L'ljr1J I rJ1crc it is rl' COrdcd that affi iates ll he VPi ancl ultin1atel 1 l r illcr l1d11ey hin1sclr h 1ll S Jttght tll engage the services lf lrcgliry Sn1ith tll set lllJ C J111111unic itit1n systcn1s lll i11ft1rn1 1tiot1 l1r inte li12 cncc is there cuntaincll relativ'c tl any vv·1l1 inen1ber f affiliate Cl1111n1issinning t r rcqlt sting ll1c 111antd 1cture 1f in cxp Si 'C ather the e11try refers to hin1 c ai111i11g tn ha 'e ll ·crhcarLl liisct1ssit1ns rch1tivc to the acquisitil l of ar1ns X2 I I I I I I I I I I I I I I I I I I I I •I ·'i ·•i i i • •·• •I I- 4 54 In the course of her evidence Anne Wagner presented extracts from the book 'A3'assination Cry of a Failed Revolution' purporting to have been co-authored by Gregory Smith and herself but published after his death In one of these extracts it is recorded that Smith stated that he was recruited by Walter Rodney toi 1nodifY portable citizen band transceivers Walkie-Talkies or CBs as triggering devices In her evidence she was not living in Guyana at that time and was therefore not in a position to speak first hand to events and occurrences in Guyana 4 55 In the book it is also narrated that Smith gave Dr Walter Rodney the modified device as requested and provided detailed instructions to both Dr Walter Rodney and his brother Donald Rodney Those instructions related to the manner of operating the device and the dangers associated with its use in particular premature triggering This apparently was intended to be supportive of the theory that the devise was accidentally triggered by Dr Walter Rodney himself and to convey that an accident occurred for which Smith is not responsible Some support for this inference may be said to be found in the evidence that Gregory Smith was distressed and or frightened when he heard news of the explosion 4 56 This came from In-camera-witness II who testified that the step-son of Gregory Smith one David Carrel reported to her years later in a conversation that on the day of the explosion Dr Rodney collected a walkie-talkie from Carrel's step-father and when Dr Rodney left Gregory S111itl1i was operating a big rnachine from his home 83 'be Vitness urther testified tl1at her sister Vas in an intin1ate 57 rclat1t1r1sl1i11 vith l a ·ill 'arrc and it had hecn rcportcL Lll her 1y 'arrcl that vhcn they hcarLI of the expll1sion he 111ac Sl1i£1 his stCfJ- f 1ther 1vt1s like 'StJ 11 i Sfllrfc f trJ i11 f his hc1ir l111cl 1c u1 ·i11 1 1 i11 lt _ i11111_r 1 u111r1er • It is alsl1 the evidence ol' this ·itness tl1at it ' lS also reported to 1cr that _ircgory S111ith 111 1 ia ter l Zodney Vere c l Se frienlls ancl l'u11hcr111l1re that he r're 1 1J1' ·v '' 111i1h 's sre11-so11 ffJ f 11s rhur his 'fl' l 11 1er ' ' 1·cr 1· sa 1rhl'11 he elf 11 1ltf lie £lie f 58 llaving regard tn the cnnclu icJn previousl arri ·cli at 1 'l' arc ol the vie v that any such distress l1ll the part l rsn1ith n1ust be 1ttribt1teLI tl1 hi rea is 1tillll llf the ennrn1ity l1f the schen1e he had pa1ticipatetl in ccJt1nter tl1 thl narrative set l Ut 111 lt rtins the hl1L1k -1 ·sc1ssi11t1tit lt '1 v t f· r·c1ilet Rev11 11tio11 111Lt serves to undern1ine Sn1itl1·s crcLlil11lity Lntl raises the l Uestion of his 1n Jtivc to lie It 111ay icli he tl1 1t Sn1ith Vas ll igning 1nnoccncc in the eyes lJf the l1111i y in 11rder tcJ retain their regarti and respect ' C crbc analysis provilleli by Nirtnal l l hit l a11l1a1 VhO V lS 1ccl'ptell as an expert l1y the ln1n1issil 1 · ur1portc i in his tcstin1llI1y the illllings or J r 1 rank Skusl' I IL' 1grecd that the ievice Vhich CX JluLICt VC S tri gcreLl l1y an cxtL'rnal suurce lie l'urthcr test1 icLi that the triggering lJfthc device l1all tl1 he l clibcrati given thi indings vhich Vere 111atlc l1y l r Skuse It is Kanhai's evidence that 1 I I I I I I I I I I I I I I I I I I I I I • •·I •I • •I • • • • •I I I When you look at Smith's hook that is Smith's thesis that it was Jccidental Wlzert yoi1 loolc ctt the j 1ct it vvas a Harris Porter phone you C'lln 11ever cotne to that conclttsion Tlzis is -vhy toy vvallcie-tallcie set nl e lVe s mith is saying he 1ad a accept the JOrensic evidence of' Dr Sk use i that it was a Harris J Jorter sic phone tlten everything S mith says beco1nes non-sense just to pi1t it tnildly Bel aitse the flarr is Porter Jho11e is ll military devil e It wc1s ll top of the line device It means this is c1bout as good a device c1s you can get and that selectivity ratint is telling you tl1at tlte signal tl1at is sent to it it 'I-Viii accept tlzat signal to the e c lusion of other signals tlze selectivity rating tells you spurious signals c·annot trigger it 4 60 i Nirmal Kanhai also accepted that based on the forensic evidence and post mortem report of Dr Mootoo there would have been no handling of the device by Dr Walter Rodney and therefore no possibility that the detonator could have been activated by friction Again we emphasize that while Mr Kanhai was available to be cross-examined the Commission did not have the benefit of having Smith's evidence tested in like manner In summary the scientific and overwhelming evidence presented to the Inquiry will contradict the theory of an accidental triggering initiated by Walter Rodney's failure to comply with the instructions given by Gregory Smith 4 61 POLICE INVESTIGATIONS 85 l vi Jcncc has 1ccn adtluced ·L 1 I t f tbe respl tlSC ant 1r re 1ctil1ll 1Jr the ptllicc atlcr the dcath of 'alter l t1dncy n J111n1issil1n has Cl1n1c to the inc 'itab c i11trJ iJ rcviC ' c1Jnclt1 li1J11 llr this c 'il cnce the rliut the the rlcL1th nf J r Va ter J l1dncy Vere inadct1uate and 1 i11i esti ' ctfi J11s i11C J11111 ctc Ve l1ave already rel'errcd ll the J pl1licc i-ile - t itiching anll J- 12 ct1nccrn111g the death llr altci· RlHlne · Vhich Vere adn1ittcd ln cYidcncc 'c n1tist consider the n1atcrial in these Illes as veil as the tiral cville11cc tcst11nt111y produced tt1 this u1ninissiL1 1 It is the cvit encc ll'cl rcnton l Jach that -i 13 J l the very cv'clling tlf June 13 9X there Vas in Orn1ation shared an1t1ng police llflicers that -'alter i l Line' hatl died as a result llfthe ex11lt1si 1n th 1ugh categ 1riscd as ru111t1ur and unl1fficia it Vas tind iubtcdly Vidcspreatl Jbvi 1usly iregl1ry S111ith Vi IS i1nplicatcll i11 the llcath r 'alter J Jdncy rrlllll Cry early and this Jught tl1 have put the p 1lice nn inqtiiry in rclatitlll tt1 hin1 J- J4 lnllced in the statcn1ent n ' elective Senior Su1Jcrintcndt nt Cfent c inc t1dcll i11 the police Ctles he cnnlir1ncll that he Vent t J the hl1t1sc i venll llyn l Hles at Russel Street C c lrgetl Yll Jr l'his V IS part ll' the investigation inttl the CXJ1 llSilll1 and Ctl lSCl UClltia l Cath rherc l1c CXCClltCd a scarcl1 VHrrant l1r arn1s and an1111unition unt er the a11thority 1Jf the Natillllal Security ct anti rllltlld 111cl1u L·1 3 ··11 1 IUl lfi V 1 t• cctr1Jl IC L't 111 I 1r 11l·h r1uli1JS 111111 1 I SL'fS 1J 'itlliil'·f11 k 1c' 11111 11 1111J111 1Jr he Vas lllJt detailed tn search f Jr iJetnin ur carry 1Jut iny arrest Str 111gc y J l lircg Jry Sn1itl1 lie l UCstiL1n arose t1t the 11 88 rt1ners' nqucst at vl1i- h l1 Jth he 36 I I I I I I I I I I I I I I I I I I I I ll and his st1perior ofticer 1 SP f ilcRae were Vitnesses No explanation was II llf Jvi lcd tl1en and Ve l1ave 11onc no v 11 4 5 the i11stallatio11 a11d 111ai11tenance of the Force's entire corn1nunication 11 11 11ctwork inclu ling very higl1 frequency trans1nissions instructed to report to Detective Senior Superintendent Vernon Gentle at the Hcadquai1crs of the Criminal Investigation Depa11ment CJD He did so and his testimony as to what followed is Ort 111 v c1rrivltl lie slll -Ved 111c scJ1r1e elcctrcJ11ic eq11ipt11l 11t llnl i11str11c c rtll' to l'hcc the111 'l' zcre l -'ere j J11r Ha11tc1111 sets fMYJ fill £1r1lls a11cl fl ' J fil •cttes 1 1ree fo111cstic r lirJs at1 l cJtte 11 VHF' 11Jr 1tilor ti 01111rl tr Jc i11 1vor in i Jr er lllld J 1'erc _ 1111cl to Je i i i I I I-le gave further evidence that on the 14' of June 1980 he was then a corporal and was i i 11 •i •i Trcntu11 l oach who was earlier ir1troduced was responsible for rcc·ei1·i11 i YrJ ict' rJ Jt r 1 ell fi·el llC11cics ' l1is 1vas 1vorr_i 1i11 iz f J 1ne J11t 1 1e 111011if Jr ll' ' r1J 'fJCCi ll interest Ill JC ' l ISC ii ' IS ' ' 'Ci1·i11 i rJ icf trr111s111issirJ11 hc1t1 l · o l'i1·ilic1n c1s 1·e1 v clt' Jr v 1rl1ic 1 1nf ar1s it s 1011 ll 11rJ e i11 tllf ii 1ri crJll1 Jro111isc tl1e i11tc tt rilJ' a11ll St 'c11rit_v oj t 1c 11e1 1' Jr c '11r1tc c1 ·r1 0111 1e111cJ11itc1r H' S fJ JSfell ll fJiece cJjpcTJJer 1i·i1 1 1 1c t' Jrlli11g Rc111e111 er rJ l ' Jr i 1 t 1e I J 1lf l terf 111c1s _ ig11re ' ' Ul'f'r1vritlc11 rJ11 tl1e ' J ·• 4 6 i Although the dates given by himself and Gentle do not corresJJlJnd the evillencc al lhe ' 8H Ctlroner's fnquest inakcs it c cnr that the itcn1s lhat 'l1nstJ 1lc llach as he then Vas cxan1i11ed vvere the very I 37 itc111s hat 1hc then J ctcctivc sl 11i ir Supcri11tc11dc11t lc11llc l _ llll VCd 111ith s l usscl Street rcsidl'llCl' 11e c 1111Hit lh 1t lll his c ·idcncc _o i 'L'll ii the lnqUL l rllill lca ·c this puin itlhiut l Hi11g the 1lic11 on tablc 111L·h 1dn1ittc under cr 1ss cxa111in 1li lll that thL itcn1s C utd 11 1t he l iunt dc pilc i 1ht1rt1t1 l1 search lir thcni dL ititlllaJlv rr l ll his -J l the i11l ir111ation as ltl C ·1dC lCC It is c car the c11sc ilc tn liich his ' Llrllliscd quite Vl lllgl y fr lfll inrorlll llitll1 l ltCr taken Ji· 1111 tc linhl l ' a i ·lr ClS h 1usc ll 'C' - 1l h t inµ rnr l IL ' ts 1H1 t are 1ha1 1 111ci11 ltl 1tl11cv' ' house VilS jrcgnry h_y thl' cxan11nal1t111 related 11s hL tlhtaincd tildt tlley Street l ctcctivc ic11t e S111i1h 11a111L' lS J l _l' l Cll VCrL l'r ll hi ·hen he searched Iii IH ll l' r irl'gnr S111i1h v i CllllllCCtL'd death ilth llld1 hL Va - given i11l rn1ati D th it the search 11f thD ' ' SLl -J iS l lll L ·an Jc tli 11 rclalL d I re llltl Ctlu d lll aCC l llll Ii Jr the 111iss1ng i l 'lll - 111 cxa111i11ati1111 at the lnliucst 1 11 this point pr icccdcd as fol n vs j I 1 1 J' t see 't'S I I CJ f Jltc 1 report 'fr ' llll Jlr ililf l' Jlt lr t _ e 11i1 i the 1·t1rio11s the111 i11 thc sfr rernn111 JJll'Cl'S I lo oj'elec rf ic l'ifllijJll c'llt 1111 11r 1v if l111 vr f ' 111 li icll 1 1e111 '1 ll S 11 the l'C 'f ruu sec ref ·re11ce O ll S S 11rs tl lll c'1t htc1fr rs L Yes Sir 88 I I I I I I I I I I I I I I I I I I I •I •i i il I I i i i i i i •• i i •I Q ii1 11 11 I is rake11 Jllt l-0111 l Jo J l1l fJ JSl 1norte1n it is hl1t1dell to the police es 4 I' lll1 'fl1i11 i_ 1 Oll 't k11 lv ij'1his lt'CIS clo11e Q ls lvfr Kendell still a member ufthe Police Force 4 -f 19 1 70 lie is in elV Torie ·rherc is no e 'illct1ce as tll ho V they were sec11red or as to tlny chain of custody following their removal from Russel Street They were ccrtair1ly not made 1vailablc to Dr Skuse Once again this cvi le11ce dc11101lstrates the lack of st1fficict1t professional care by tl1c l olice i11 tl1e 11reservati Jll 111d scc1u·i11g Jf pllte11tial cxl1ibits in relatilln tlJ a case of· national and intern 1ticlnal i111portnnce 1 s a result these items Vere not produced either at the trial of Donald Rodney or at the subsequent Inquest i11to 'alter llodncy's lcatl1 N t surprisingly tl1ey were 11ot available to this Commission thirty-four years later On the evidence of Crime Chief Leslie Ja1nes The c1lrre11t C'on 1mis 'i r1er of PtJliL·e and 1n_yse f sp Jke and se trches l'ere 4 70 n1al e £111d t 1e i1 0r1natir tl I JI Vas tlzt1t not zing ofs 11c 1 vas fo1111d In the Three Special Branch files relating to the surveillance of the WPA presented to the Commission there is only one reference to Gregory Smith to which we have already referred There he is described as an electronics expert Vho Vorkcd on tl1e Vaterfront and wl10 Vas asked to supply walkie talkies by members of the WPA including Dr Rodney No n1ention is 111ade of Jregory Sn1ith being a tvlarine Sergeant in the GDF 89 -f il 'as it that the ptilice had Ill i11l 1rrr1atil ll that this fregl1ry S111itl1 VDs tine anLi the sa111c iiJl1an1 ircg Jry Sn1ith a sl1lidcr tlr is it that llir security' rl'ast lt'i his link l11 the ar1ny s pnrt r ' 1s Jr the f f J ' being supprcsscLi' this rcpl1rt frcgtiry' Sn1ith is sail tt1 ha c ti ·crhcard clcn1cnts 111 he VP discussing the acqtiisition tit' irn1s ·rhis rcpt1rt tif ac iuisiti 111 llf ar111s by· the J VI be revisited I lti vcvcr Jf lll1re p1 1xi111atc relcva11cc · it this jtincturc is that the intelligence rccci ·cd by· the p11licc L ILi ntit inL' udc lllf 1r111atill l regarding the soliciting tlr Sl j J y L f exp ns1ve devices rrtl TI ircg Jry Sn1ith but rather a device f Jr ct1111111unicatil1n It is also Llf rc c ·ancc ttJ ntitc the evidence 1r l an Ciatt s VhtJ tcstilied to secret rncetings bet vecn hin1sc f and irc1 t1ry Sn1it 1 111t thi in 1rr11ation vhich Vas ctinscqucntly t i '1dl ' Cl to hin1 It is _f 1tcs' lt sti111l1ny 1hat lie l ircgory Sinithl loft 111e tltl I V 1l1er t l11e_ ' l lllfl' l l1i111 frJ J11il l f l1i h _ji·e ICl c r ltll ie- ltlkrt 1h11 11·1 111 h f 'e ce11 f c f J L'ui·er ccrf ti11 fisft111cc lit f J 111c that lie foes f l f h 11·e tire ' fJl'rrisc llllli 11l1c11 Ire it1 0r111eli l1is s111Jerir f r 1c_v J 1i111 1 111 lhe_v 111 l1111'e rl1e tt kit - 11 kiu l tt ' i11 l 11ssi t 1 ' S ticl th tf 1is s111Jcr1or s111ll 1l1ur he 11·1 11 i use rl1e l J f fltni ' r111l1cr 1 11111 l1i111 ile ii·er111 r 11 11· 1 kie- t11 il' 1 1ev 11'011 t cli1'cl' on e fJ 11 ·ivc evicc I le t 'rJ f J 111c 1 1 f lie ' ii' h tl'C 1ce11 l 1 G ' ' 1111 lio11 i11 1 1r 'i' 1 1_1· ·- 1111 fi· 'l' l CCt'Ss t 11r 1·c·11_ ' 11111 r 1i11111J1tl H·hcthur lie 11111 11 1ri _ r r 11 1t c' 't'r ·· 00 I I I I I I I I I I I I I I I I I I I I ll i i 4 73 11im tl1at l1e reported to a 11umber of persons in the scct1rity forces i11cluding Chictl Laurie cwis anll N lr1na11 McLean If this evidence is accepted 1- Gregory S1nith knew that he Vas Lieliverir1g an explo - ive likely have resulted in detonation of the device Gates' evidence bolsters the conclusion already arrived at that Rodney did not request the production of a bomb 4 74 •i i i I i In addition he knew that Walter Rodney was ignorant of this and that their testing would 1 I I i i I i i J lso on the evidence of J llan Gates Gregory Smith informed While evidence was given that photographs of Gregory Smith 'ere so111ewl1at later posted iI1 Police Stations there is r10 indication in tf1e police files or from the evidence otherwise adduced that any national search was conducted or bulletin Or his capture publicized It must also be borne in mind that the Anny would have had details relative to his address birth name or parents and close associates and that a man by the name of Gregory Smith who frequented the ports was already known to them 4 75 ll IPACT OF VALTER RODNEY AND THE ACTIVITIES OF THE WPA ON TllE STATE AND POLITICAL PARTIES - IVIOTIVE 4 75 In addressing this Term of Reference the impact of the growing I popularity of the WP J consequent on Dr Rodney's return to Guyana to the elements of national political life 111erit considcratilJn Vit11csses 1nd of the two main political parties includi11g t usi Klvi1yo1na T•1cun1a gu11sC 'C a11d J us l eo11 Saul gave evidence in this regard In Eusi K vayana's Vords the Vl 1 Vas a collt1tio11 rif· severt1 grotlfJS t111d 1 1e 91 I I I 1vhrJ e it' IS flJ et 'Sr JILJJ ' trJr et 1er thl I re Jre • entell lf fj'f re11t rltces 1v 1ic 1 hltll Jee11 SjJ it · incc Y55 1-rhe11 the Jr 15inltl C JjJ es l ro r res • ii e fJ trtv SjJ it Il1is 1 rJr§ Jlt 1L• 1fior1 j - JJn t 1c first even blj Jre Jr R J 11ey ret11rr1ccl i11c11rrecl lt 111_vsteri Jt1s i11ll r · hostility Jeca11se its 1nc111 Jers hacl S J Jker1 J11t • evere v against what took place in 1973 Ile Curther testified he Dr Walter Rf 11e i'f Vl S ll ve1 v jJ JjJltlc1r figure in the i1n 1gir1l1tirJn c1n l 1ec1rts J tlzc J- 1i vl111ese fJe JfJ Ie i 76 f Dr l-Z 1d11ey Eusi l VJyan l testified as f lllrJi·vs jJerhllpS rl1c _first P J itiC fl jJerson of' the le Ji that ' lS f Vv' l_ 'S J le 1vas VU l orne c' Sltest n1011g rc r i Jlts groujJ ' JJricsts l 1 jJeople ivhlJ hlI rJr Jreter1cier I to 1ave • rJn1e i11terest itl socilti ch lflt e l S rhe v i'ere loin is lit t 1 1t ti111e 1 1e v h lll t ' e1111i11e interest i11 socic1 clllln i e 77 member hut l I t 1i11 J lve f J LJe rrJltci Tacu1na gunseyc lOu11Lling 1nc1nber and executive Co1n1nittce or the VPA and who was originally a member oC ASCRIA which Vas pi1rt cJfthe coalition -Vhic 1 bccan1c the VPA gav'C evidence in 1 - i1riilar vein le stated that ASCR A decided it 'as determined sic that Dr l ocl1re_v 1vc1s t ve1 v in1JJ Jtf lt1t JJO iticc1l pers J l c111cl tl1c1t tl1e itlP l s 1011 l ttSI hi111 to Jril1«5 t J JlJ I fJ Jliticc1 sillllltion i1r 1v 1icl11Jc JfJle C J11 cl pltrticijJ tfe ref c1rc ess Jj'rltCC c 1ss r r jJltrty lo_vc1 ties I-le alscJ tcsti ied t11at the in1pact 1f Valter R 1clney 011 political life was dc1no11strated vhc11 the il'1 hacl the first public meeting to be addressed by Dr Rodney 4 78 Nc t only Vere they able t J attract n1c1nbers urtl1c PPP 1t1t i S 111cn1hcrs an s1q1pt1rtcrs of IPRA ·r11crc Vere i11 a ILliti 1n Jcrs Jns frc1111 the 92 1 I I I I I I I I I I I I I I I I 11 11 Vorking People's Vanguard Paiiy the people of Ratoon at the Durban and Louisa llow tnecting It Vas one oftl1e largest cro vds for a political n1eeting 11 11 11 11 that tl1cre ever Vas Ile said T 1ere vere tlb Jllt fiJtlr or jive tho11sand 1Jers Jt1s i ll II I i i i i •I I I lVilS Jne 4 79 oj t 1e biggest meetit1 r sfor lung titrte though the estimated size or the crowd given by Mr Kwayana differed approximately 3 000 people the tenor of his evidence in this regard is t1 11 It lt tl1e same effect J rior to this si1nilar meetings 011ly attracted a few hundred people The following extract from his book · valter Rodney' 'i was put to him by counsel for the PNC in cross-examination and he endorsed and accepte l it as accttrate ' i ••r 1e_first 1neeti11g D11rbc11i ltlll Lottisa ow iri eorget Jivn brv11ght ill least 3 0 fJC JfJle into t 1e streets 1n11ch to tl1e surprise Jj the power J i11cl PlVC' Its t 111 gs irere 11n1Jrepc1recl Or t 1is fJttblic response and hc1d to C Jtl i11e t 1e1nselves to heckli11g ivith racist jibes cit t 1e ji 1ct thltt ' 1edtli flt r an ll11tl I c1p11eared Jn tl1e stttne p t1tjiJrtn ll ler 21 y•ears ivith t 1e e rcepti Jn of a sit1gle fJrotest 1nceting in 1968 protesting the banning of C Y Thomas from Jamaica ASCR A took the lead in jJroposit1g t 1at a 111t1nber rif· groUfJS and i11divid11t1 s cooperate in the fJrotest tz gainst tl1is attttc c on tl1e action ft took fJarticular pctins to i11vite lltnong ot 1ers the PPP ltttd it did t 1is 11ot 111 order to get PPP sI fJporters itlV J Vell in tl1e fJl' Jtest Jitt out r frespect for l Jdney 'sown jJ Jsitivn 11· iic 1 l1 1ri see11 1 1e PJJP tlS a Jrogressil'e rJrgl111isatio11 93 4 80 111 C I1fir1ning the C 1llabL1ratio11 a11 f an1icab c re atic 11sl1i bet veen tl1c PP ancl tl1c WI and the itnpact l1r this 111 the ruling 11art r Mr l vayana gave evidence as to the C 1llaboration tlf the flf f anci tl1e P or ll1r tl1c l 1rmati 1n ' the National J atriotic Front rurther t Vl1ich crJl f'ercnces lvere co11ve11ell i11 GcrJr geto11 n llll Jfl ft t 1e jl l 1 t 1e 1i orlci11 s f-lerJJJfe 's '11 iance ltllli var1 JllS rJt 1er Jrces r f· rJJJJJOsitirJ11 trJ liiscrtss th e JroprJS i s t 1 1 is the 1 latio11al Pt1trirJtic Fro11t 1 nci it1 relatic Il to th'e second point l1is cviclence Vas that this ca1nc to the 11otice of the then residc11t Bur11ha1n Vhc publicly cicc areci 'the v the PJlJJ cl111 ri e i11to v lcC rJ11 rhe Jae cs of the l 1 0rst JrJssih e lfternative Jut CrJ1r1r 1lles let inc Sl V t 1i · 11ever rl1e l 1 v Cl111oe Jore JJ1111r '' The pl1rasc 'never tl1e lla ' ca11rJe Jl re lt11t' is a 'David and Joli 1th' reference as a I u11t is a large barge 1na e l Ut Ll f hca vy 111cta 4 8 l I11 rc ati il to the joint rejcctio11 of the ' 011stitutio11 1 n1encl111 nt Bill Ut t0r var 1 in 1978 he tcstifi e T 1is vas ll l Jf 1er 111u11 Cstl1tirJ11 rJj t 1e c rJse 1-vorking relations 1i1J - ll lt11itell position o f't 1e PJ- JJ c111 l the VP -1 i11 ht crJl fliL'ts rlj'1 1e struggle tl linst the it1te11tirJ11s Jj'the rhe11 ·lcl1nir1istrcttio11 trJ C trr_v 011 constit1ltional cl1a11 5cs ni 1icl1 ii ere re fectecl IJ V 111t1s fl Y tl1e Gu_i'llflese 1 eo1J e lln f uth lrtics 'ere J J ing for the r1JJJ rn1Jric1te f Jr11111 f jJ Irt of· tl1eir e_ fort 1 tu tn l ilise the J70p11lation T J sc11siti e thcrf1 r f· lt 1 t their positi Jll i·vere llllll tr ccltlClite If the S lf IC titne the JerJJJ c so rhl1f thc v C Jitlcl lJe 1nore cr nsci JllS r · the fJOsitiun rJj the ft YJ jJ J iticc1l JJ11rties llllll tire 1 her 1nc1 1 Jcrs r ' t 1e alliltl1ce - the DI llllcl c1 1Jj thr1t - c1J11tri J1tti11 c to th ri ·ir1 g I cl t 1e incrcasi11 J iticltl crJ11scirJ11s11l'S ' r f the J-'erJfJ c 'rJ it 1i'tls 94 I I I I I I I I I I I I I I I I I I I 11 I 11 11 l''rrt tl1e vielvs 11 r ffJeO J e £1 S 4 82 an pc1rt oj' I 11r 1c·ess cJj l1eari11 g ivel He also testified as to a united opposition position to the proposed referendum Wdl 'e all join hands rogether to oppose the 11 R1 'ere11c 111n Tliat VCIS tl1e ti111e lvhen the Pl C tl1e ballot paper li•l1ich 1011 1vo11 d vote c urit1 g tl1e l ef'erenciitrn t 1e v c esignated a l1011se for tl1nse who 1J 11·011 d V Jte Or a11d c1 111011se Or those 1i·ho 1vo11 d vote agai11st so tl1e slogan • • •i i i I i i I i vf' er JJr Jl ess r · i111pc1rri11g no1vlecl ge in t 10 se t ays was vote Or the cl1ant t 1 1 'i ' and k ill the 1n 11tse This was the resonc1tecl t 1ro11 15 1out the cottntr v 111 those clays ji·om the Gover11111e11t platj Jr1n across t 1e 4 83 101tse co1111t1 v Mr Nanda Gopaul an active Trade Unionist and leading member of the Union NAACIE when asked by Attorney for the PNC whether the PPP supported the strategy of the resistance by the WPA to the Administration he replied Well I cannot say whether the PPP supported J11t I f tlo v perso11 1l v fi· Jffl ti1ne to time I iv Jttlc 1a1 1e spolcen ivith Dr Jc1gan c111 l l1e obv c111sly wr 11ld 1ave SllpprJrted nlost oj' tl1e c1ctior1s talcen at t 1at tirne 4 84 So there was evidence coming from leaders of both the WPA and the PPP in relation to a cordial relationship and strategic collaboration CJ'f1ere VCfC of CO Urse tnd natur tJfy SO awareness 0 f the fact tJ1at tJliS had the potential to impact membership of the PPP Mr Kwayana was asked and confirtncd that l1e Vitl1 ll1c •• ·---- ·- --• Vas 1l cJr11i1tg 'tc1r a vare tl1at Gail ·rexeira llf the JJPJ in an i11terview in Lll11don Engla11d dcscril ed Valtcr Rodney as a 95 JF J t rt•ssil'C 1 1· 1 1ir 1· llCCL'fJ 1 ill' tl1at this 1·ic11·s Ir K vayana cxprcssc the ·'1rllS 1111 fe1111-7f 1J 1 1J11·11 if rl1clt 1is r l oll11 '_V f'i1111cJc c lu 1niy - lit 1c11·e --1- 85 S llJlJ 's_ 'iL ' herif1J t C f ·rJ JI rhe tlff IJ L' I there is C 'idl' OCC in the r'Pi sur rciJ ancc li cs that at S Jl1ll' grou1 111cctings it Vas 1 tcd and SL 1ne CL nccrn cxprcsscLI at the attracti1J11 Jf SL n1c PPP 111cn1 crs t J the Y'P i lc i l1y laltt r i l1clney Nevertheless it n1ust be rcitcratl ' d that ll evidence f ht1sti ity nr n1L1ti 'C Jn the part f tl1e Pl I1 t get rill r Rodney Vas produccLI 1 this _ 1111n1issi 111 fJ1e l ·cr lll iillJJ ' ICl --1- S 1 1 1 l as t ·caleLi by the evidence 'aS a positive OtlC 'hen quc ' tioned l1y' Ir 'hri t 1pher l a111 l tttu-nt y for the Lcl ll Saul aL o gave evidence tu that effect anLI exprcsscli a vic v that thl VIJ1 Vas attracting suppl rters of the l l P l1ut he gave l l evidence as to any hostility· hct ·een thl t 'll organi alions --1- 87 s set llllt in the re Jl1rt relative lll TC ll I thl tin1e pril1r lt1 June 13 VHS a pt riod ofplilitieal unrest 1n l i111n1ediatel instability Frl1n1 the cvillcnce there can be tll1 Lhiubt that as l l1dncy becan1e increasingly n1lJrt poiJular the sharp differences hct veen the 1 P ' ind the PNC- l1L'Ca111c n1l1rc t J 111rJrl' z r J J t11c1' This ·as captured hnth t111 the 11olitical platfr rn1s and clsc vhcre --l- 8X n the evidence tJr llas I con Saul 9fi I I I I I I I I I I I I I I I I I I I 11 11 I ''T 1e crrJ Vlls Jegllfl crrJJ-Vtls e -sar1 to g-ro'vv 1J and •'1l 1 1e IC V Jel JJle kid un 1i'lt111ed r J'vV c1t r 1e 1ncetings c111d rl1e reasr ns 1vlzy the 'vVtts beca11se 1 1c 1 ock Jj' 1 1e attracfi Jtl rJj' fValter l ocl11ey the rv1J '1 Tlzey to gr trJ 1 1eir 111eeli11gs i ce aroi11-1ll l'he TVP 1 tVcls the JJarty l 11t if' it -Vere 1 1e 1ype itl t JWn 11't1 r the Jigge st tll'livity Vatter Rollne_v was the clraw In rJt ier l'orrls 1'Vc1 ter rJclt1ey co11ld l1c1ve tlone whet he ivas doin r vvitl1011t the 1VfJ1l a11d also 1l'it 1r 11t r 1e PJJP 1Valter Roll11e_v had started to tn JVe 11 ei e11 t1 1er1cl rJf tlze orgl111isations t 1at lie 1vas a part rJj He was becotning 1 really larger than life ·· 11 11 11 4 89 On the evidence as Dr Rodney's popularity grew so did police action st1ch as searches 1 lctcntions and the institution of criminal charges against WPA members and al'filiates • I' •i i I I I i J 4 90 On the testimony of Trenton Roach at one such public meeting of the VI' A on the occasion of the l anniversary of the 1978 Reforcn lum Rodney is reported as 11avi11g said Yo11 don't noi v ivho to tri-tst vou l1ave In do xrJ111etl1i11 g J'Oltr se j l 11t tion 'r let 11 s c o111e bac k ne t I _vear to celebrate 110 rejere11d111r1 clefeczt 'ive 11111st celebrate xnmething 1nore significant ' 4 91 According to Mr Trenton Roach this statement was followed on the very night by the destruction by fire of the Ministry of National Development PNC Headquarters Following on this lire members and affiliates of the WPA namely Dr Walter Rodney Dr Omawale Dr Rupert I oopnari11e l3onita I-Iarris f t1aurice die Karen De St lUZa K van1e Apala and Narine Nandlall vcrc 1 letaincd a111 I eventually tl1rce of thc1n namely 97 I i r 'alter l otlncy l r upert i l10JJnar1ne ind J r nla vale ·ere char cd 1 V th arsL1n I hey Vl're able tL1 get hail in tlurt 11r 1ccL·dings held l1 1 S 1t11rday the 111 Jtdy ' 79 the -i llle day that father trkc lTIUrJercd j' ljs V JS V JS 11 months before lune 13 I ' 80 4 ' 2 J ltl 'ing been chargcc_I Vith the ofrcncc r arson the pO JU Jrlt i 111' 'alter Ill dne ' did l lt abate ccording 111 l rcntL1n l oach ' J rhc fl·c j lt'llC ' ch tl« US S Zl' ' · tlie C O ' ls 11 C i' S 'll •' 1e rhe 11 kl' _ ' 11'i s excerpt h 1s alrc it y been quLJtcd fron1 the Speech llf President 1 1 - S urnha111 at the ' hird icnnial C 11ngrcss lil' the 1 ct1ple's National l'11ngrcss 1 NC' in 197 J· usi l vayana testiticc Cll lcerning this cxccrJ 1t ·· 1r1e ' ' J t lrCllf f'e j 110 kl O 1 'h J ' c'l I lhl' ffirct ' ii lf I k11c11· ir Ill 7'J J11f it is ll iec 1Jr 1f1011 f l ' lr LL'f thcn111111kc 1 i 'ir i1·i ls JS 1recr1·1 tlf rhc ilP ·1 Ill' furlhl'r tcstilicd It irc11r l t' rr 111 cririci i11 is hi ' l J ic1t's fl lfi -1 111ccti11 I - It J 1111J c l _ r 111 J11st 111r1ki11 -s he 11111ss 's '· t'rJ11scirJ11s f J tht JJr 111f Hl1cre 11ctio11 1 11 rite r1J1111cl 11·as 11eccSS l t' fr t'f ti JrJi11r RclCrring ct1ntint1ed ·· hi111 r1s l Vtirds used by 'altl'r l utlncy hiinselt K ·ay·ana f ·e11 rh1· rhef 1r1c hr1c cc1J111e 1111J1'1' h11Jerl Kin e Kr n I · •I • •I •i I i h tcl reacht cl lo h 1 J i11 ivhcre it 1vc1s 11rJ 1 11 Cf 1 i c 1fc rt11 _i11st rl1c hike· in r cie v J J 11r • ' 'co1J e 's Jiver ' · r J Ji1·f 1 rJr ' II the l't' l'rc111· · 1r1 i1·t1s rcr v 1·1tr1 ic It i1·t1s i11cc11llir1rv the cell L1f the 'P tll ·hich he 'a -i 11ttt1chcd dec1Llcd lll · 1cqt11re 98 -L tptlll I I I I I I I I 11 I ' ' 1l fc 1r self lefCnce 1Ve fi t n f' l1r1ns Or 11 t 1c1t the 1-Vl_J11 self clej'ense fJ1trposes VrJ11lcl 1ave to clcqttire till ·Ve trJrJ c steps to so1ne arno11nt cleal ·Vith tl1c1t Ogunseye forther testified that the collection of arms and was for sell LiclC11se against 11 11 the f Jltse T Jf 011 v t 1e State lllllclti11e Yott see i11 G11 yana vve jl1cell rJj'Jsrael t'e j lL'Cd P1VC Jrivc1te JJeople c11 1c rJ11r ·Veapons vvere so 1nini1nal it Or 1i rJtlr rotcrl v c'otnrades t tfJOsecl srJ ft i · ivcls Vit 1 Vec1por1s far 11t£Jre 1nore of a psy·cltological boost in tllclt tlley C Jttlcl fJerj Jrrn knowir1g that tltey are 111rJre ps cholo giccll t 1cltl anythirig else it is JlrJt r10 rnatc 1 to 11' l J 1-1·e 11·ere 11p a clinst 11 1I 11 11 4 94 He was careful to note that this was not a decision taken for or by the VPA as a whole Neither did he involve or implicate Dr Walter Ro l11cy in tl1is Allan Gates also gave evidence tl1at Dr Roopnarine requested t1f hin1 that he procured a1nmunition on his bel1alf However as Dr Roo11nari11e did not give evidence nothing can be made this 1l 4 95 11 11 neither Walter nor the WPA had been committed to a policy of violence even though some individuals in a limited number of cells in the WPA were ar1ni11g the1nselves 1J 1J 1J 1J 1J ll The important point that must be made at this juncture is that Tl1e actions Jf the security forces in response to the growing 4 9 popularity of the WPA under the leadership of Dr Walter Rodney is detailed elsewhere i11 tl1is rcp Jft It is thcretOrc only necessary l1ere to review the evidence llf' his ido v r Patricia od11cy as to tl1e direct actions of tl1e 1 l olicc and some citizens adverse to their family On her evidence tl1eir 99 - - - - -- --- L l1illircn Vere singh ll 11ul anll is 1lateLi ·rhcrc Vere t11u11ts and thrt ats fr 1111 JlN ' su11portcrs Vhll passc1 by their house 'heir 111ail Vas interct JJlCli ia tcr Vas undt r c11nst 1nt sur 'cillanct I-le vas dt tatnl'd 111ttltiple tin1es anll ri lcascd vithllt l charge s ivc Cind C cept ll1r vhcn he ' ts ch irgcd Vith 1rSt 1 ·r11is charge Vas eventually droJJpcd Jr lack llf t v1dcncc c ·cn thlJt1gh pt lS th ll llll l S Iy 4 7 ·rhis is 1 1r rch vanct here because it indicatcs t stablishcs that r lalter Rl1dncy' V IS llLll Cl1ntcn1plating ovcrtht J V llf the State by 'liolent 111cans b11t -J 8 he 'as 1111 v it the pl11nt Llf contcn1plating leaving Juy·ana L y all acct unts l r railer 1 1dncy 'as a p1111ular persor1ablc 111 1n and there has Ileen 1Ll eYidencc pr1 1duecd that any1 1ne hall a Jri ·ate grulige or aetcli vith dcn1onstratcLi h 1stility l11 v 1r ls hin1 I le e11jl1yeLI a111ieal1ic anLI e11rdial relatiDns vith the PPI 111 I its leaders inli ti1is V ls publicly knlJ Vn ·rllere 1s llJ evidence llf any or any sustained susp1cto11 Llr ipprchcnsion Jn the p 1rt 11fthc PJlJ tO 'ards hin1 -J 9 rhcrC is evidence llf the slgnitJcant y tnere tsing popLdarity' llf l r 'Jltcr f l1llncy and th1 real threat that this p11scll t J the gl1 ·crnlng party· ' 'he al1nL1sphcre 1r int 1lcr 1ncc and lictatl1rial rule the dcllciLncies in the inv'estigation arc all the ll itures nf the pcril d unllcr rcvic v ·rherc is Llcfinitcly 111ateri il llll Vhich tl1 concluLic that IZllliney·s dcatl1 Vi an act Jr vil1icncc fl1r lllllitical purposes It 111a ' be seen l Hl is c1n act llr vilJlence tLJ frighten ti1e p s 111en1bcrs lllli SU 1porters Cl Vi ' ff llll their plllitic il gL1J s It n1ay· rurthcr he intcrprctt d Sa 111eans l r L H rci lll letting hi111 llff the 100 I I I I I I I I I I I I I I I I I I I f I I I I I I I I I I I I I I I I I I political scene was definitely an objective of'thc Government of the day His death clearly set back and weakened the opposition forces 4 100 Karen De Souza testified that upon seeing Dr Walter Rodney in the car after the explosion which killed him the opinion she formed as to what had happened is that lie hadfi11ally been killed by tile Government When asked the basis for that assumption or belief she replied Well one the 1c1y serioi1slJ 1 adt 1e1· sarial post11re oj't 1e fJ'or ing People's Allia11ce a11d I I I 'I tl1e Jeople 's National C'c ngress The fal t fh tf tivo Parf 1 111e111 Je1·s hc1d bee11 killed he ore Walter was killed The fact that I think at one or more than one of the big People's National Congress rallies the Prime Minister had bee 11tteri11g tl1reats abo11t '111c1ke 1011r lt'ills' a11cl 'sl1arper steel' and Sl fortli That the people in the 'Worst Possible Alternative' should make their wills and that the 'Worst Possible Alternative' is the Y the WPA was named hy the Government of the day and that the steel of the People's Nati 11al Co11gress l 'lts sl1ar1Jer tl1a11 Gil ' s1eel t 1at the U'orking People's Al ia11ce 1night l1ave In the words ofEusi Kwayana his death proved the extent ofthe menace as tr ivhether it i1•as c111 1z11 rl1etoric or 111c11aci11g 101 Chapter 5 To s1 ccificall cxan1i11c tl1c role if a11 · Yl1icl1 tf1c late rcgor ' S111itl1 scr ca11t oftl1c Gll 'ltna Defc11cc i'orcc Jlla_yc£1 i11 tl1c dcatl1 of Dr raltcr Jiodncy a11d if so to i11quirc i11t 1 Yl10 111 1y l1a 'C counselled procured aided and or lllJcttcd l1i111 t • clc1 so incl11ding 1 facilitating his departure from Guyana after Dr alter Rodney's death -TOR Ill 5 1 In rcvic vi11g the e ·idencc relati 'C the 'J'Of II Ve cc nsidercd in detail the role that Gregory Smith played in the death of Walter Rodney a11d Cl I1cluclccl that he kncJ 'ingly brought al1c 11t f dncy1 's cleath 1c have also giv'e11 co11sidcration t the role of the State in his death V e 1n11 st 11 ' consider ho ' Sn1it 1 can1c to leave Gu yana and Vl1at assista11cc he vvas gi 'en it1 doing scl ancl its i1111 ication s ·rhis i - the 5 2 Smith's sun1111ar ' giYet1 b_y J 1111c 1agncr of Circgor · aCC 1lllll i 1 1· 11· ic111l11·ee111c11 JJickc l l1i111 11 J i11 fi· Jtlt qf' 1is ho11sc a11cl tulcl l1itJ1 l J crJIJ L' ltl l l1c c1icl 110 er 111c J J to rhc Slltli Jll llllcl l'CJJrJrl if tlie ' ro11gl1c hi111 11 1 that his lie l1'lt · l'l 'ing he iras • ht1 ii11 I ht' cr111lll 11ol fi·ie1ul Jr lf'l1ltcr Roc 11c ' l1' 1S dcacl -le l ' JS i11 fl l1t1 stc1tc Jc ic1't' The g111· gr1vc l1i111 rivo jJi ls llllll tole 1i1n tl1is is g Jin i t J cc1 n1 1'rJ11 rr1-v11 ancl tl1C ' c rr1ggccf l1i111 J'l1c11 l1c after frJo 1 7 t'rJ 11·r ke 1111 he ' JS i11 K1t· 1k11'1111i She CL ltinucd tl1at tJr rhre1' 1_rs rltc_1· ro11glzr hi111 tlr111·11 In 1'rJl'J CfrJ t'11 r111 fl1c r hin1 f J c1 shi11 rl1t1 11·c1s going rr Tr111iclr1cl u11 lhc_1· roltl h1n1r 1c1l1rhc11 hi· grJcs lo Tri11i llul llll' 111 ·1 11·011 gii·c hi111 1 c rloc11111c11ls £Jllcl r1111c l l Jl l'I He 11e1·cr 1cl1r l fr 1 11 thc111 JI ' l rothcr 1ras in 7i·i111r f 1ri1 1 HJ rf JC11111c11ls 102 I I I I I I I I I I I I I I I I I I I r I I I I 11rJ 111 Jtlr J' 11cJ lll t 1e 11e1 's flc1s 1i11g that he is a 11111rllcrer t 1at 1e where he stayed for a few days and then traveled to Cayenne the capital of' French Guiana where he remained until his death 5 3 But there is credible evidence of the State's involvement 111 1 transporting him from Georgetown on the 14 day of June I 980 to Kwakwani by Gerald Gouveia then a serving member in the GDF utilizing a GDF Islander airplane numbered SRGER This was on the instructions or his superiors I 5 4 According to Gouveia he did not realize at the time that he was given these instructions that his passenger was to be Gregory Smith the man implicated in the death or Walter Rodney In giving his evidence Mr Gouveia testified that he was unable to recall from memory transporting I Smith from Kwakwani on June 1 1 ' On Gouveia's evidence he only learnt of Smith's identity some days later when he saw Smith's photograph in the I I I I I I I I a 11tl killed Dr Walter Rodney There he was destitute He returned to Guyana ' 'I' •I I I I £ lot 1es Catholic Standard in an article relating to the explosion and death of Walter Rodney He further testified that he had consulted his personal log book in which he stated that it is recorded that he did pilot GDF airplane 8RGER on June 17' I 980 but what is recorded there is that the journey was from Ti1nl1eri to 1'aco1na a niilitary base 5 5 From the police Jiles that were produced into evidence at this I11c1t1iry at least four Vitnessc basctl in K 1ak va11i Jlrovidecl the police witl1 st -1tcme11ts confir111atc ry of Gregl1ry Smitl1 being tra11s1Jortcd to the 103 I airstrip it K 'ak v ini on June 14 11i 198 and 17 111 1 c1r 11 fio111 the said iirstrip on bl th occa ilJilS Sn1ith Vas transported in an arnl ' 1r1arkcd Ttl ll' ai111la11c cxa1nple reference 111ay be 111ade 1 J the state111cnts c1f A11it 1 'rhc1111 ll C SlJUth VCll ar1d I gcrton c auSC 'J ' all supcrnutnerar ' pnlice attached to the airstrip ilJcated at GL1 1ana i 1ining Enterprise situated it 1 vak vani as Veil i as that llf A 'ril 13ourne a rcsicle11t of l vak vani 'rhc1sc Vitncsscs all g J 'C statcn1L11ts to the police investigator that i 1 ou11g 111 111 fitting the clcscriptic111 of Circgory Sn1ith Vas trans11nrtcd to the l vvak 'ani airstri11 in an ar111y i' airiJl inc South vcll and I3ournc both identified the airpla11e 11y its nu111l1cr SRGER Bour11c·s statcn1cnt furtl1cr rl'C _ rds 'th tt t 1e 111l111 1 1i11-lJ11i 1 r f· 5 6 n1i rc rl1ce lie is lllJ01t _ Cltf11rcs a Jr111t The 11YJJ lct11 is _1 i 7 ins J ' Jlt'll c ·01111J c ri JJI a11rl h t ' 11arr J11· o f f11clir111 descl 11t her l1rtir ivr1s cztt - hrJrf r111cl she - fi 4 i11s JrrJ1r11ecl C JllljJ etirJ11 r111 has Jl IJ fcar11rcs so111e c 1ildre11 a rJng ivit 1 t Jc111 is T 1cl' 1 lil She recalls that she V lS later intrn luccc tn the 1nan b ' one L ilian Sn1ith as 111 r l111sba1t sr 11 Gre ft JJ ' '111it 1 A11prl Xi111atcl '' _lJlc 1nonth later sl1e Vas sho v11 t VlJ photogr1 111hs an I Ya able tc identify the in1ages captured tl1crc as Circgory S111ith and the von1an '110 had accon111anicd hi1n One l tl1cr Vitncss 11an1ely l l l1crt Vant cJntcn gave a staten1cnt' 5 7 i11 vhich it j - rcclJrded that he sa ' Sl lllconc he iscovcred tn he Ciregl J ' Sn1ith ''11110 f 11·cts i11trocl11cc l to Cltrlicr J_l' J1s fltr icr li1 cs ls J 1va 11·ct11i l r1rk 1 'cci '111itl1 11·li 1 It is reason iblc tc infer that tl1csc pllnt _1graphs sl1ll ll to Botirr1c 11y or in the 11resencc l f I ctccti 'c inston Saig0 ·110 1s I I I I I I I I I I I I I I I I I I I I I •I • •I the person who took the statement from her on the same day arc the 11l1otogra1 l1s were sl1own her 55 8 All statements taken from individuals at Kwakwani and included in the police files were taken by Saigo All the witnesses who gave statements that they saw the person alight from the army plane on June 14'h 11 11 1980 or saw a 'strange man in the village between June 13 ' and 17 ' were shown photographs which they were able to confirm as having captured the image of the man they had seen The evidence of these witnesses both individually and taken together sharply contradict the account attributed to I Gregory Smith in the book -Assassination C1J• OJA Failed Revolution I I 55 9 I I I I I I I I I In response to the question whether Gregory Smith appeared drunk or disoriented when he entered the GDF plane Gouveia confirmed that what he observed did not accord with somebody being groggy and or not operating on his own He Gouveia did not see his passenger being transported to the plane by other persons In addition there is nothing in the statements of Avril Bourne George Southwell or Anita Thom to indicate that the man who alighted from the army plane on June 14' appeared groggy disoriented or drugged 5 10 The aircraft used by Gouveia was sold sometime after and the evidence is that the plane's log book would have accompanied it to its new owner The further evidence is that the personal files of Gregory Smith which ' Uid 11avc existed as part oftl1e GDF rccorcJs l1ave go11c 111issi11g and it is l clicvcd that they Vere a111011g 105 ----• -------------- ---- f ' _ _ 1 I l l J __ --- _ files c lcstrll 'ecl wl1cn tl1ere 'as a I I I flooding of a pm1iculur GDF building The suggestion that Smith's missing file ras tl1e result of a flood is deciticdly rejcctccl as a falJricatio11 anLI is I discussed elsewhere 5 I 1 In the book 'Assassi11atio11 C1 v of a Failed Revolution' it is stated that Gregory Smith's departure from Guyana to French Guiana was facilitated by WPA affiliates and in the process he was given new travel documents under the name Cyril Milton Johnson The said travel documents facilitated his entry into French Guiana However the witnesses who were I associated with the WI' A during the period under consideration deny any ' knowledge of the WPA facilitating Smith's exit from Guyana I ' It is tl1e evidence of Eusi J Va ana one of the tl1rce co-leac1crs 5 12 1 of the WPA at the relevant time that to the contrary Vl'A members had their own passports seize They did not have the kind of influence with the Immigration Department that would enable them to assist Smith in the I' manner recorded in his book He testified as follows Now the WPA has had ' i'o111e o f its passport ceased and cilleged lve did fiJr 1i111 S I 3 'o co11lll not n1c1 e J jJGS port as he is thi ' 'I-Vas inconsistc11t l'Vith our e Y Jerie11ce This was confirmed by Jocelyn Dowe a sympathizer and supp011cr or the WPA whose evidence WJS that in addition to the lack or i11flue11ce Vitl1 Irnmigration a furtl1er obstacle to travel Vas tl1at 011e reql1ired a tax cleara11ce Vitl1 Vl1icl1 k_no v11 supporters oftl1e lPJ 'ere not generall ' pro 1 ided 106 I I I I I I I I I I I' I I I I I I I I I I I I 5 14 Whal is undeniable is that Gregory Smith was issued with Passport #268685 on the 51 July 1980 in the name of Cyril Millon Johnson Endorsed on this passport is his exit from Guyana and arrival in French Guiana on the 711' day of July 1980 It is also worthy of note that the same Passport shows Cyril Milton Johnson re-entering Guyana on the 19' day of June 1982 These documents were produced by Sergeant Alexis Adams of the Immigration Department who also produced application form for a new Passport on the expiration of Passport #268685 I I •I I I I I I I I I I 5 15 On the evidence of Sergeant Alexis Adams there were flagrant irregularities with respect lo the application form for Passport #0890057 for Cyril Milton Johnson made in 1999 which was marked as Exhibit ARW2 and admitted into evidence This evidence from an Immigration Officer completely undermines the credibility of the account given in the book as to Smith being facilitated in his departure from Guyana under the auspices of theWPA 5 16 Evidence has also been presented lo this Commission which establishes inferentially that the girlfriends of Gregory Smith subsequent to the explosion in 1980 were spirited away by the government It is the evidence of in-camera-witness Il that Gwendolyn Ramotar believed to be the same person as Gwendolyn Jones and her two sons who were fathered by Gregory Smith were sent out of Guyana by the government to New York 5 1 7 There is also evidence from the Police Crime Files concerning one Joan Melvin who described herself as the liance of Gregory Smith Joan 107 - · - 1---··-- ---·----·----------- ----·---------------· ---------- --- I 1cl in i11 11cr statcn1c11t given to the J1C licc -111 the rd of July 1980 avc11·cd 1 1 tl1al sl1c Vas en1pl -11 ed 1 Ill tl1e I 1inistry l f Jlcalt 1 and l al1llttr as the c· -lnfidentia Secretary' to the Pern1ancnt ccretar ' ttntil around tl1c 23rd L r June 1980 By the 3 1 of July 1980 she had become a Diplrnnat employed at the Ministry of l 1rcign Affairs and Vas slatc -l to tlcpart iuya11a on assignment to the Guyana Consulate in New York by the · day of July 1980 for an indefinite period 5 18 l'herc is co1n1non grottnd l1et vccn il1uveia and 1agncr that hc1 vcvcr CJrcgory S111ith travellc -1 to K vak vani ltc Vas acCl JTifJa11icd l1 ' a vo111an idcntific -1 1y' iagner as l endl1i 'TI ll1nes and childrc11 Anne 1 V ag11er in a11s vcr to qliestions 11oscd l1y Col1nscl Mr Andre V l ilgrin1 1 co11firmeci tl1e rclationsl1ip l1et vecn CJregl r_y Sn1itl1 and 10th Ci 'Cndol ll Jones a11 - Joan f 1clvin she testific -i that at the ti111e of 11cr evic cnce they vcrc botl1 li ·i11g in t 1c United States 5 19 Altl1ough S - lllC of tht staten1ents in the crintc Jiles in this anll other points could not Jc tested as tl1cir authors did Tillt attend and give S ' 1rn cviclencc tl1c ' ca11 JlC 'Crthcless he acclirded i l1igh degree tir crcciibility as there is st111porting evidence al1out thc111 frc1111 'itncsses Vhl a11pcared l1cfore the C on1111issic1n J 11d lH1likc ircgor ' Sn1itl1 the· autl1ors of tl1csc statcn1e11ts canncit lie saici tl Call intl tl1e catcgor ' cir persl1ns itl1 an 1 interest oftl1cir ov ·n to serve S 2 ·r11c State ugcncie - rcsponsihlL' fOr tl1c l11 o 1itutio11 1r crin1i11al 111-c sccutil1ns only isst1cd a varrant for Jrcg l ry· S111itlt's urr1 st in 1CJlJ i 108 I I I I I I I I I I I I I I I I I I I •I 1 following the visit of the investigating team from the International I Commission of Jurists and their report published in 1995 The advice proffered by the then Director of Public Prosecutions Mr Ian Chang was I I' that Gregory Smith be charged with the offence of murder though his personal recommendation for a charge of manslaughter was noted I' 5 21 Guyana on the 19th of June 1982 under the name Cyril Milton Johnson I 1 11 ' • • •I • ' II I I I requirements That no warrants for his arrest had been issued prior to 1996 is instructive and there is no indication as to what diplomatic or other efforts I I i ' I 11 were made to secure the extradition of Gregory Smith from French Guiana 5 22 The evidence clearly points to the State procuring and fucilitating Smith's departure from Guyana ensuring that he remained outside of the jurisdiction and beyond the reach of its laws II ' I Ii I I I That was only two years post the 13th of June 1980 and the supply of a passport to him was by a process which circumvented the legal ' I I I The evidence that Gregory Smith re-entered the jurisdiction of i ' I I I i 11 ' II I I Ii ----L __ 109 CHAPTER 6 1fJ e 'l 11111i11e a111 t1cti1iities t ft 1e St Ite JJofice Fc1tce tltc G1IJ'lII111 l e fC11ce Force tl1l' 1·e11ort fJ11 s11c 1 as t 1e GttJ't11111 tl1e actio11s 1111tl GtlJ-'lltla J TatitJ1111l Ser1•icc tl1e Gtl 'lllla l'etJfJ c 's A1iliti t a111 t 10 'l' Jl'lto Ji'ere i11 CtJ1111111111tl 11111 s1111eri11te111 e11cc t1f't 1e ·1e age11cics 111 1 ete1·111i11e 1vl1et 1er t teJ' 1vcre t11ske1 1vitl1 tlte s11r1ieilla11ce of 1111tl tltt' c11r1 ri11g 0111 oj'actitJtts a111 1vl1etl1er tl1£ l' 1 itl c ·ec11te t 1ose t11s 1 · carrietl 0111tl1f1 ·e11ctit111s ugai11st tl1c ' 1 itict1l Oppositit111 f 1r t 1c period I Ja11ua1 r 1978 to 31 Decemher 198 - TOR VII 11111 l'l1c totality1 cJf' tl1e e 'idcncc prcsc11tcd to us clearly and 6 1 lll1vic1us y painted a grin1 11icturc as to ho ' the cuuntry1 c1f Citty'ana VC 1s run l1ut otir TOR 1imit the pcri 1d Jl·c1n1 Jar1uary 1 I J78 tc1 Dece1nl1cr 31 1 JX l 1 Ve l13ye no hcsitatio11 i11 cn11c uding that tl1e 11c1 itical cJirectoratc at that ti111e under tl1c leadership of the lute Mr LfS Bur11l1an1 1 rin1c Mi11istcr and 1 iter J rcsiclcnt oftl1c C c1-c111crativc l -e11ublic ofGuyt111 1 and as 11ead of State the su11rc111c autl1orit VO and '01n111andcr-in-Chicf L1l' the nrn1cd forces c1r the Republic lie was not only the head of the Guyana Defence Force Board but 'as also head of tl1c NatiL1nal Scct1rity Con1111ittcc and 1111111 nll the C 'lt c·ncL' kc11t a ery1 tigl1t rein on all as11ccts oftl1c country's l1t1sincss I I I I I I I I I I I I I I 1 I 1 2 Tl1c tight rein VC have rncnticlncd has its dec11 rc ot ancl genesis in the cor1cc1-1t of ''j lr ' l' JJ' ll Jo1111tc · l ri111c l'v1i11ister I 1r l3urnhan1 l avitl l a CL1nccpt 11rL1clain1ccl l1 ' tl1c tl11 11 Cirangcr 10 ' resident Bri adicr Rct'tli recorded in hi' bouk i '11tio1ial l efi'1w1• ·I flrief l isto1y of tile G11y111rn fence Force 1965-2 105 2005 at pp I X i-1 X7 that 110 I I I I I • • ' I' '• ' 'I Para111ou11tcy The i11creasing i11volven1ent of tl1e Defence Force in par y politics a marked departure fron1 t 1e apparent non-partisa11 I public concer11 aboi1t the direction being tak e11 by civil-militar y relations This Jattern of politicization becan1e more evident after the promulgation of the Declaration of Sophia on 14 December 1974 exactly JO years after the PNC had first come ' stance take11 in the in1n 1ediate post-Independence Jeriod raised to po1ver As a consequence of this thinking political participation was positively promoted a11d nJany officers and soldiers were encouraged tr becon1e n1ernbers of the PNC in the e11suing period Similar ideas had been embraced by the GDF high command for several years and in 1977 the Chief of Staff Clarence Prince appeared in military uniform before the ' I PNC's 2 Biennial Congress and pledged publicly our ' National Congress and Prime Minister Forbes Burnham I I I I I was repeated in succeeding congresses UJJ to Bur11 1a1n 's death loyalty and dedication to the Comrade Leader of the People's committing the Defence Force to following the road mapped I out by the party and Government This ritual pledge of loyalty in 1985 although not by the Chi fofStaffinperson As a rcs1t t of tl1ese n1easures tl1e civil ad1ninistratio11 was able to establish and maintain its control over the GDF ft 111 ______ ___ -----· ··-·· ·--·--------- l ' IS 111 fl' f tl1ar there ivr1s r1 c11rs in 111i i1c11 -' 1u1its as nccrl l i11slc1 I cirili1111 11oliricc1 it l1'c1s tho11gl1r rht1 r 1crc 11'c1s t1 rc Jr r sig11ffict111I SltjJJJOrt fnr the PflC jJGrf ' i11 r 1c FCC Jl1is i11rcrcst 11 1c1s f'r1 ·fcrccl b 1 1 the artiri1dc f the l ri111c Mi11is1cr ivl1rJ c1s AIin is r er rl'S JtJ11s i J e for rl e fC 11cc st c1 rtccl to f icic1 n1iliftllJ' fi111crio11s rlrcsscrl i11 I this 6 3 11 Jf Jcr1r rcg11 lc1 rlr c1 t 11J1f ir111 'J11 irJ isn1 l 'll5 1101 c1sl 011 1 1c JJU i ic lJr 1' 1c si 11 ficancc th£' 'rJOJJS 'c accept the a11al 'Sis gi en l1 Brigadier l ct'd Jra11gcr 1 1 a accurate a11d it har1nc1nises 'itl1 the e ·idcnce in relatil Jl tt tl1e effect of 11ara1nou11tc y r tl1c party on the military a11d 11ara111ilitary 1rganisatiL ns t1f the country 6 4 le arc satisfied tl1at Pri111c Mini - ter L3urnha111 usccl tl1is platfor1n 111 order t l exert eo11trol o er tl1e 111ilitar y and para-111ilitary 1 1 organisations c1f iuyana liuring tl1at 11erioll 6 5 re ha 'C l1card the C 'idencc of Senior Su111 I es lie Ja111cs the then head of the Criminal Investigations Department CID lie told us tl1at he enterecl thc Gu yana Police Force GJ f ' on l·'cl1runr y 8 1987 6 6 Mr Ju111cs 11roducccl a nun1ber or Jiles to the C t n1111issio11 l1ut signi licantly ancl perhaps t1nsurprisingly did not prciducc ill_ the rclc 1 a11t files thrl1t1gh apparently' no fault L1f l1is 0 '11 lie pr ducell 3 Illes ·J1icl1 were labelled hy the Cil'F as 'PAS YPA9 and 'PAlll meaning 'orking Pco11lc·s Alliance S ' ancl 0 ·rhcsc files cun1c frc1n1 S11cci il 13ranch Vhich 112 I I I I I I I I I I I I I I I I I I I r •I • ' '• • ' ' '• •I is a branch of GPF Mr James said that these 3 files covered the period 1980 the very year when Dr Rodney was killed ' I I I I I 6 7 Mr James told the Commission that 2 of these files reflect Re Death of Dr Rodney Walters and the 3•·d is a murder file of the accused person Gregory Smith This witness was unable to account for the missing files which Special Branch had at some point in time namely WPA 1 2 3 4 5 6 and 7 It is to be noted that Mr James on our first day of hearing did accept that the Walter Rodney files were a matter of continuing interests but could not account for their absence 6 8 Also Mr James whose role before the Commission was to produce and comment as best as he could on the files in custody of the Police relevant to Dr Walter Rodney and his death and to Gregory Smith As discussed elsewhere of the 3 files relating to 1980 two were entitled The I Death of Dr Walter Rodney and the other was a murder file relating to Gregory Smith These files were at one point within the custody of the Special Branch Mr James could give no account for the disappearance of the files 6 9 One possible explanation which we find unacceptable is that there was a serious flood in Guyana in 2005 and many of the files may have been destroyed That was a matter of some speculation and there was no hard evidence that the missing files from Special Branch were the victims of the flood ' 113 - - I ·-·1--·--------·-·--- -·-------------- fhcre Vere 1 0 f 1lcs n11ss1ng fr Jll the GDF in rclati n to 6 10 Circgory Sn1itl1 a11cl tl1ec Vas sin1ilar s11ccttlati tl t 1at the 1nissing ircgory Smith file might have been the result of the llood 6 11 Snr St111t L cs ic Tan1es expressed great stu·11r1sc at the disappearance of the Special llrnnch files and said that in his experience that it was first time that he had ever heard off such a thing happening We l'ully endt rsc Mr Jan1es' suriJrisc and adopt it as 12 lJUr O Vll Co11ccrning the 111issing GDI file ll Ciregor r S111ith in the context Jf all the c 1 idencc prcse11ted hcft rc the _'0111111ission 1c arc satisfied that t11is was a clclibcratc act ft r vhich the GDl-1 11111st bear It ill respons ih iJity 6 13 Else vl1crc in the re11c_111 'C hnvL clisct1 - sed the in111act and in111licnti 1r1s of 11aran1t 11ntcy on the civil scr 'icc and on tl1c State corp 1rc iticH1s But as f anns pointed 0111 in his l1t10J tl1c J licc J 1rcc V tS scrious yr in1pacted as V S the civil service l1urcaucr 1cy In su111 ort of this cu11tention 1 1r l c 1nns refers tu an address 11 1 14 pp 132-133 delivered by Prime Minister Burnha111 to 111idcllc-levcl 1na11c 1gcn1c11t t f the Pc1lice 'orc c at a training C 1Urse I-le said a111 1ng either things 114 I I I I I I I I I I I I I I I I I I I I I I I I Yozt ca1111ot e11force lavv and order in vacita Lavv and order have to be enforced within a particular context of values and objec ti'ves Incidentally I would prefer to drop the word enforce and its derivative •I I I I I I I I I I I I I e1 forcing and use instead assisting fellow citizens to l1ave a greater regard for tlze law and its norms I say without apology because there are still some who would say that the police force must he apolitical it must merely enforce the laiv i' Policemen are citizens first and then vocationally policemen II You will be judged by your performance not only professional v but as a citizen as a n1an as a builder of a nevv society 3 I have hope nay a conviction that out of those series of courses tl1ere vvill come 111any real leaders in ter111s of t 1e definitio11 I have attempted to set oitt 6 15 Minister Clement Rohee testified about the impact of paramountcy on the public service and on the military Referring to Sallahuddin in his book Guyana The Struggle for Liberation 1945-1992 wrote at pp 308-309 where he is quoted as follows The author's italicized words See George Danns op cit at pp 132-133 115 - -----ii--·-·- s Jli i c111 1111111 Jcrs of· J 11blic Ser1·c111ts c r Jeclccl J fJlcllgc clllegia11cc cJ the c111cl 1 1e 1ilitur ' 11·erc fJA rC' 7 1cr clicl 1111clcr t 1c fJractice of'f c1rz1· c1rc1111c11111 c_l ' a fJo ic' l' t 1al fJll1cccl t 1c l1 ·'C ' J 'l'r 1111cl a Jl 'C 1 I other Jrga11isatio11s ancl agc11cics c111ll rcll'gt1 ' I thl· Pc1rlic11J1c11t c111ll tl1c Jo1·er11111e11t to a JYV '· ilic111 ' f- s11 Jscr1·ic11cc i11 relutirJ11 rJ the 6 16 I'1 'C ' J l p 308 of Sallahuddin's book the following is recorded 1' 1c clcc1t 1 r f· r11PA acti1 st r'f'c1ltcr f cl11c F rJ11 1111c 1 IYRf 11·icleZ1·' reL arclccl c1s c1 JJO itical assassi11afi 111 er1 P i11ccrecl h 1· 011rces c1 r 5·rJcir1tccl 1ritli the B11r11ha111 regilllC as a 111ec111s f clc111lJlis 1i11 l' t 1e ri ·i11 tide f·rJfJ JOSilio11 lo f'orlJcs B11r11 1r1111 shcJ11 c 11 J c rcgc1rrlccl els r1 111ca11s c f-clc ·trrJ_1'i g the rrT 1 onZ1· 11 J1•itler tc•r111 · s11c 1 c111 t1ct 1as to Jc i11ter11rell'c ti cc1111'l' ri11 a 110Jt•e1 fltl si 11t1 lr1 ot 1cr forces 011 1osetl to B1tr11 1t1111 t111cl lei s11c 1 JJO c11tit1l fi1rces c1s 111a J' 1a1•e bee11 co11te11111fati11t t111 c1 lit111l e Jl'it 1 t 1£' JJl -f 1 1t1f 11111c 1ic1velli 1ac 11tJf Jl'ritte11 1' 1t• l'ri11t't' i11 1•t1i11 ' 'lie i111YJll'e111c11 r ·JJer5 011 or perL ·011 c1ssocic1 erl 1vit 1 t 1c 111ilitc11 1 in the c cc J r f· rf''c1 cr J lC V is -1'il C V S l SjJCC C 'he' tr t ic llrl 1 h r 111u1s11r1l circ11111sta11ccs s11rro1111cli11 ' ht· t L·c1th r1f' J 1 1cr 1 kc r111cl 11 altl'r RcJcl11c 1· hell ' J IG J i111c111rl'lt'cl i11 t 1e I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ivider context of eJ cessive political reJJression ai111ed at suppressi11g the rising tide of discontent even among Burnhams sic traditional urban supporters The 1979-80 period was one of intense WPA political activity centred mainly in the capital city the traditional Burnham stronghold Burnham could not stand by and allow his political stronghold to be usurped by newcomer Walter Rodney whose leadership of the WPA resulted in masses of Africans particularly the disadvantaged and dispossessed flocking WPA activity 6 17 The views of Salluhuddin expressed herein were fully supported by Eusi Kwayana Karen De Souza and Edward Lawrence Rodney they all testified that in their judgment it was Burnham who killed Walter 6 18 Karen De Souza also testified that there were policemen in plain clothes who were particularly vicious and used hockey sticks and police batons on members of the public who attended WPA meetings She went so far as to name a member of the Death Squad whose surname was 'Fanfuir' 6 19 Rev Reuben Gilbe1t testified in graphic detail about a large ' WP A meeting held at Bourda Green at which the police used teargas when Rodney was speaking in an attempt to break up the meeting Rodney's reaction is wmthy of nicntion In the words of Rev Gilbert he advised the 117 I crO 'd Get do 'll all y1nt1 get do vn T 1e Vhtllc crC 'C got ciO 'll flat on ' tl1c grass until the teargas su 1sidecl le have alrcad cornmc11lecl on the sharp i11crcase i11 tl1c 6 20 1 military estal1lish111cnt i11 the lJcriod under revit V Vhat has not becr1 earlier i11dicated is that the increased 111ilitarisatio11 of'thc State led le a11 a1111rcciai1lt I growth of the spy network no t 1 idencc It should be indicated however that there was i111plicating the Guyana National Scr ·icc C r the Guya11a · People's f 1ilitia in urvcilla11cc acti ·ities again t the fll1litical 01111c sition fz1r tl1e period 1 lanuar i- 1978 to 31 t Dccc111lJcr 198 110 vever ca11not l1c cxtcndeci to tl1c GPf and tl1c organisations Vere c l1viously a11d clcarl r ·rhat cxen1ption il I as tl1ose t 'O 2 tasked l1y the 11olitical clirectoratc · to carr out survcilla11cc on tl1c Political pposition during the saicl 1Jeri -1cl 1 Support for that co11clusion Vas round i11 tl1c S11ccial 13ra11cl1 files 11roduCl'd · I by Snr Su1Jt l cslic Ja111es 'fhe evidence of Minister l ohee speaks tc the surveillance of the l'PP's party leader DL Chccldi lagan and the l1eadquartcrs or the l J P - Frccdon1 l-lotlSl' - as 'Cll 6 21 S11ccificall J r lagan stiff'ercd frequent stz ps and scarcl1cs at 1 the ai111ort vhcn dc11arting tl1c country' and 'hen returning Any' llart 1 literature Vhich he 'as ca11·ying Vas seize -l Villlout rcasl1nal1lt or prolJablc cause l 22 Ed varll l C -lnc · tc·stiftcd t -1 s11ccific instances incidents that occt111·cd t 1at during the l 978 - J 980 period 111 su1111zirt lli hi - staten1en1 th3t GU ''i 11a 'as under a c ictatc rsl1ip 11ointed tlJ the J crsistent 11list1sc a11d abuse 118 I I I I I I I I I I I I I I I I I I I I I I I I of the military and paramilitary organisations in the country He identified ' the following • The GPF at that time was acting as an arm of the ruling ' party • The Police were being used to break up strikes against people who were standing in lines and being unruly or I waiting to get bread kerosene or whatever I I I I I I • The Mounted Police were used to intimidate I • Persons who descended on the striking workers at I_ or the Young Socialist Movement YSM the Youth I I I I I- • There were some professionals amongst the Police Force who were not as antagonistic and violent as other Police Officers • There were the Bauxite Workers Union and the Guyana Stores workers' strikes and the brown clothes policemen were used to intimidate those striking workers They were used together with the House of Israel operatives members to break up the strikes and intimidate workers Guyana Stores could be members of the House of Israel Arm of the PNC The attackers would pull away the pickets being carried by the striking workers and attacking them while the Police were standing idly by without restraining the allackers 119 I - - _ __ ' T11e c on11nissio11 also rccci ed C idence stati11g tl1at tl1crc Vas II 6 23 1 also 111 circt1latio11 atnl 11g 1 11olice fficecs a Recog11itio11 Jla11 1t1 J Eusi l vayana i11 his U t1r i11g Peoples Allia11ce 011 VPA n1e1nbcrs pamphlet tilled 1Valter Rodney explained at pg 38 what was the role and purpose of the Recognition Handbook He wrote as follows About late 1 1 arch 1980 befi1re Walter Rodney was denied the right to travel tho11gh he JIedged l1is It and l COJ i lo return to Gee 1is trial there catne i11 o i o f tlte RcctJgttitio11 flt1ndlJook - rflor 1i11g People Alliattcc A U S' 011r11a isl ivho ·r SQll 1 1 1vas sl1rJ1v11 1 S ii c11 I press ctJ1 fere11ce Q 1 a 1Ill·1·IS I '' ' 11 ' I The booklet carries the following under the caption roreword These notes r1re desig11erl to jJrovicle a gitide ftJ the cas v recog11itio11 o fpcrsrJ1111el of't 1e ifrorlcing PeojJle 's Afliat1cc at1rl vehic c s thr1t a1·e i associciterl ivith the organisation's activities It n1115 t be Q Jrcciatcd tltr1t vehicle t111n1 Jers anti colo11r 1110 v c 1a11ge fJ·o111 ti111e to ti1r1c as i r 110lV a regt1lar JJractice 1vit 1 t 1at rJrgat1i · atio11 I· I 6 24 A copy of the Recognition Hant book was presented to the Commission and in addition to the photographs of high profile members of ' J' the WI A co11tained tl1crei11 tl1ere Vas also hiogra1 l1ical data and paSSJJC-1rt 1 i1t1ml1ers These would i1or1nallyr he c_1t1tside of tl1e kno v cdgc a11c_l reach of ordi11ary 11crsons In the circu111sta11ccs 1 C cc_111clude tl1al the t11r l1r10 Vns J' I clearly a11d ol viously co11111ilcd l1y an agency· of tl1e State vvl1icl1 l1ad accc s 120 ' I I I I I I I I I I I I I I I I I I I I I to personal and privileged information of those WPA members mentioned in the Handbook That Handbook was in regular use among Police officers at I that time I 6 25 • •I after Mr Odcen Ishmael took up his post as Ambassador of Guyana to the US based in Washington in June 1993 he came across a large number of documents entitled embassy 'The Walter Rodney Files in the garage of the The interpretation which we put on that find is that there were documents sent from Guyana to its Embassy in Washington updating the I Embassy personnel about events and activities of the PNC Administration at •I I I I I I I I I I It is of interest to record that evidence was received that shortly home in relation to its harassment and oppression The techniques were applied by consular and diplomatic personnel abroad as well 6 26 This is supported by Mr Rohee who testified that Guyanese living in North America and who were members of the PNC often received harassing calls from consular and diplomatic officials Other prominent members of the Guyanese society also 6 27 recognised the abuse of power by the PNC Administration Mr Ashton Chase SC founding member of the PPP lawyer and trade unionist writing it1 his book G11J1t111t1 A l 1atio11 11 1'ra11sit B11r11 1a111 's RtJ e reflected l1is views at pp 49 ft 1'hc Nc1ticJ11c1 Sec11rif ' Miscclll111ccJLJS f Jro11isio11s Act ChaJJ I 6 02 ·let No 7 of I 966B of the Laws of Guyana enabled his 121 I I G Jl'Cr11n1c11 f J fctr1i11 jJCrso11s 111ight Jr i11 r1 act 11101111cr the rlcfl'11cc f · i11_ ' JJ1r1 l1l101n tJre_j11r ici 1 1e 1 11·1· i1't'Ft t i 11·crL' Jcfin ' 1111 ilic fJrrlcr tJ11 J ic sr ft' r dctc11 J JIS 111011 hs Jt1 co11 Jc e rtc11ded for sr1tisficll fir irerc r111thoriscrl Jr 1 1rcc f111 cr fJeri Jlfs a lier r Crc11cc 7'ril11111al i·vl1osc fJCrsnn11c iverc curc i1l l' c 1rJsc11 JJ-' 1in1 e11a J cd 1 1c rcstricfi J I cif· 1 1c 111rJ1'cn1c11ts r SllS JCC C It f J ll J ' J fJCr ·r111s E rte11rlerl pr11rcrs r1s f 1111rlcr an e111crge11 1· 11·cre x irc11 to the l 1 ict' L-1111 1' b_1· Police fficcrs fJ·on1 t 1c rr111ks r J11s11cctor llf-Jl 'r1rcl · orit 1 1111 ivarra11t 1rc1s a11thfJFisccl i11 tJ11rs11c111cc r f J J ai111 r the ·1ct ff1 ClJJ1tr11 i111a11tl1oriscll a 1111111111 It fHJssess1fJll or 11se c rjJ lJSivcs fircc1rr11s c111cl iti on 1i·as 011 1· r1 f llcstin11 n 'ti111e be fore the -'r1111111issio11er n_f'Pl1licc c111 tl1c Force i11c 11c i11 is l roscc11tio11s l rnscc11tors IJ 1 co111e c111ll 1111der fJLilitil J clirecticJJl i11 tlic fJCl_ iir111a11ce of their fJfJlicc the Jirecllil' q J- 11 l ic llS clisri11ct fr JJ11 lfJlll' l c111r 1JrrJsec1 1toril1I cl11tics So 11•it 1 tlze 1 ·cc11ti 1' sit1Jltfio11 fi1l r 11111 cr co11trof lte co111111tI11tft•fl bot 1 rcSJJCl't t111tl jl•ttr fro111 1is ''fJ 1f 1l'JltS His fi11gl'l'S Jt'l'rc cl111stl111t l' 1111tlzc1111 se a11d lie got i1 f r111t1til'J1 frl1111 e1•et ' 1t1111lct i11 tlte l'IJll 'lflJ'-Sitle lilt Cl'CI ' 1100 lllltf Cl'llllflJ' i11 t 1c f JJ1'1lS l f· 111 J' 1 fJO itict1I 11101•e f I' lfc1'clop111e11t tldat rClfttirctl Iris attc11tit111 · fl1c lVeakli11gs in 1 1c JjJOSiff Jfl CG lljJS lVCIY' ' ' 11rl' 1 f or 1is 11Cf-H Jrk 28 Burnhan1's gri11 ancl absolute Cl J1tr 1l c vcr tl1c Guy1a11esc sc1cict ·as l fi r1n ancl extcnsi ·c 4 This p JrticulJr aspto't t is support d that he dc-hun1aniscd a11cl bclittlcll lll 111 · by the clear and unequ1voc 1I evidence of Major Gener il Het'd Norrnan Mc Lean see O Jy 12 Tr inscript p 92 122 i I I I I I I I I I I I I I I I I I I I I I Juya11ese b ' co11111clli11g tl1e111 to clea11 tre11cl1es canals or drains thus •I givi11g credence to tl1e slogan ''Tre11c 1 or hl' lletre11c 1ed'' reflects the experience at p 158 of his book T 1c io Js d J IC 1vere lJc1sical v 1t11slcilled i vork sttc'h as c ea11i11g I I I I I I I I I I I I I I I Mr Chase tre11ches cfr 1i11s ca11c1ls 11'eeding lfid tt11dC'r-hrr1sl1ing fJic·lcing 11p coconuts fetc 1i11g goocls The cr1t Y 1011'ever i 1 as t 1at lvl1ile t 1e vari Jtts activities ivere talcing 1 place he l1' JU cl strttf around 011 his 1orse stirrttp w 1ijJ ct al fi·o111 011e fie lei tu another over the Estate 11 tltis overseer role iJ1str11ctio11s 1verc s 1outed to tl1e ttnfort1111atc to do or du over tl1is or that taslc Tl1e whi J i-vl1acked arid craclced i11 terrore111 at some of t 1ese un ortunate victims 6 29 We next turn to our consideration of Burnham's speech in his capacity as Commander-in-Chief Prime Minister and leader of the PNC in his address at the 111irtl Bie1111ial Co11gress of the People's National Congress Vol 2 August 22-26 1979 at the National Exhibition Park 6 30 At that time Rodney and the WI' A were attracting increasing numbers of all ethnicities at their public meetings The office of the General Secretary of the PNC located in the Ministry of National Development had suffered damage as a result of a fire on July I I' 1979 The stature of Rodney on the political scene already large was growing rapidly The WPA ell h 1 l od11ey in asSllciatilln Vitl1 tl1e J J a11ll Vitl1 organisatio11s across the i I 123 country' 'ere seen to be ur1ited against Burnha111 ai1d the PNC administration That was the context in which Burnham made the below1ne11tioned rc1narks at t11e Conference a11d I l t1otc Tf'e are ll Pc1rt o fj eacc lJ11t 1ve crrc 110 Jac fists and literal ' a11d n1eta1J 1orical J' we 11rfJl1 ise to 111atcl1 steel Jt itl1 steel a11tl 1 fire with fire So con1rades let tis clcal no1v ivit 1 a11ot Jcr r f- then1 - the T¥orsl J ossiblc Alter11r1ti11c T 1ctl is l1·ha1 the_v lnusl lJe k1101v11 by ff1wt does WPA stand for Con1racles t 1e3• 1ad better 111alce t 1eir Jt•ills becar1se so far as vve are co11cer11cd ive are 1101 aslci11g thc1r1 Jr q11c1rtcr sic Jtf I we tvill not J ivc then1 anJ 1 6 31 Burnham concluded his address to the Conference alter describing the WPA as the Worst Possible Alternative with the following 'ords The PeojJ es t1atio11a Congress 1vi I 11ever start violence T 1e ' People's llational Co11gress clill 110 aslc for ct co11j -cJ11tafilJll 1J11f · ' Co1nrades as I said 011 T 111rs la v t 1e battle is _jlJine 110 10 ds Jre harred His final words 'ere I I I I I I I I I I I I I I I I I I I I I I I I I C'on1racll'S 1re c1rc 11rJlV in the Ro111a11 A11111l1itl1eatcr Tl1e lio11 a11d t 1e glaclic1tor JrJth surrive · 011c 11111 st die c111d 1- IC knolv tl1at t 1c People's Natio11a C'o11g1·ess lt·ill li1 e 1 6 31 There has been much debate whether the words used by Mr Burnham represented rhetorical excess or whether they were serious and threatening words reflecting the extent to which Rodney and the WPA had become a 111attcr of serious concern to l1in1 Many of t11e witnesses who I testified before us were of the view that given the previous and subsequent events the words were in fact a serious threat to the WPA and its members I I I I I I I particularly Rodney Those who so concluded were aware of the fate earlier suffered by Edward Dublin Ohene Koama Nazir Khan and others 6 32 The unions too that had not fallen in line and were not supportive of the PNC Administration did not escape police surveillance and harassment Eusi Kwayana in his book II'alter Rodney 1991 5 recorded 011e of his cx11cric11ccs i11 tl1ese words at p 31 T 1e 1111irJ11 1 v 1ich appeared to 111e to practise tl1e 1ig 1est level of i11tcr11a lle111ocrac ' lV£Is NAACJE l1 ' 1ich 011 a deG·isio11 of t 1e E r ec11tive a1JfJoi11tecl n1e 011 111 i OfJjJ ic ·c1tio11 tcJ ivorlc at organising 1 classes tc1ki11g 111 F o f Cr to ltvr at tl1e 111ini1n111n wage I left full of I_ I I I I ca11not res1Ject Jr its llen1ocratic proced1tres a11cl 011 J' J v 1e11 111y presence t 1cre c1ttrc1ctecl all sorts ofJJolice sur1 eillance t 1e jJ 1otogra1Jhing oj· all those entering the building anti a w wlc squadron of police i n1ec1s11res lVhich co11ld 11ot 1e 1J an ir1dcpe11cle11t trade u11 io11 to ceep its First published 1n 1988 by the Working People's Alliance Guyana South America 125 i11tegriz ' 'ct s11c 1 is t 1c iisrc ••11cct r f· the rct in1e Jr tr 1 ' 1111i 111 a11cl ot 1cr r1rgonisatio11s t 1c1t so111cthi11g tr1 c rJ 1·itl1 jJrJ itici si11g i 3 t 1c_ ' fl' t the Ill_ ' f Jl'esc11c ' t 1cr J J j 1111irJ11 '' The l'oung S lei Jlis1s I'vloven1cnt Vas tl1e 'l U h arn1 t1f tl1c 11 NC' It 1 as in 1 1lvccl in vil lc11t acti 1 itics in supp ft of tl1c JlN ' t J C stage the YSM 1as led l1y ll ert Corbin and it worked i11 close co 1perati l l Vitl1 the I-louse or lsral'I in carr 1ing O ll acts f 'iolcnce atlli i11ti111idatit111 agai11st lPA ine111l1crs lt1deed Re ' Ciill1crt testified that 011 011c 1ccasil111 he Vas grabl1ed beaten anll ran1111ed i11 his ril1s l1y the 't'Sl 1 I1is experience resulted in two l1rokc11 ril1s l1cfore he 1as hnnllcd liver tl1the11 1 icc I le Vas h 1spitalised for abotit lllC Veek _34 He testified Ill a second incident i11 '''l1icl1 he 'as forc var11cd h Y a 11cighl1our and 111en1bcr the PNC thnt he ·as going to be ·isitc I one 11ight l1y YSM hit incn ··lit Vere going tu kill hin1 an I use as t11eir rcast1n fl1r soi cloing tl1at he l1all a gun in l1is guitar case I le slept at the lJni 'ersity tha night and asked his brother Ill kceJ the htiusc 'f'hc next 111orning Vhen hC 'Clll l1llI11e his brl1thcr i11 1rn1cd hin1 thn1 111cn1l crs oftlic l'Sl 1 l1ad Cl llle 1ll the ho111c luring the night lo 1ki11g for h1111 ' hat incident tllC1k place d1 1ut 2 3 months before Rodney's death tcstin1L1n ' of Mr Joseph 1-laII ilton I-le testificll that there Vere a h1t t1f CL lordinatit l1 bet vce11 the 'r'ST 1 Cadet Corps and the 1-lotisc 1r lsr 1L·l i·hL' ll 1usc of Israel he saicl l1ac1 several 11 1i11ts 12G f Cl1-ordi11atic 11 - in tl1e I I I I I I I I I I I I I I I I I I I 'f I ' I I •I •I I I I I I I I I I relationship with the PNC and he named Mr Hamilton Green Mr Robert Williams now deceased and Mr Emerson Simon who worked at the PNC Headquarters 6 36 Addressing Terms of Reference IV we have no hesitation in concluding that in the face of the evidence presented that both the GPF and the YSM and those in command and superintendents of these agencies were tasked with the surveillance of and the carrying out of actions against the Political Opposition specifically the WPA and the PPP We find as a fact that those acts of harassment and surveillance included but were not limited to • Consta11t surveillance • breaking up of political meetings • 11arassi11g tl1reatening assaulting or beating members or supporters of the Political Opposition • killing innocent persons who were associated with the Political Opposition • a Testing locking-up or charging members or supporters or carrying out searches of homes and other places without reasonable or probable cause 127 CHAPTER 7 7· e ta111i11e a11d l'CJJ Jrt '''' tf ltlt' lJtt a11tl i11to t 1c ear iel' i11l 1estiKttti 111s a11d i11q11irie · tfl't1t 1 Jf Dr JJ·G ter Rt1t 11e l' - TOR J' Tl1e four in estigatio11s vl1ich arc relevant tl1 'f'crn1s 1 ' 7 1 1 Rcrcrcncc V are as follo vs 1 The Inquest held by Coroner Edwin Prall from l'chruary 4' l5 2 111 1988 The Post Mortem report of Dr Dr II R M Johnson a consulta11t 11athc1iogist and Reader in J c1rensic fl 1cdicini Vl1 1 Vas attached tl1e rorc11sic f 1cclicinc lJ11it Dc1Jart111cnt lf Morbid Anatrnny St Thomas llospital Medical School London England dated June 30' 1980 3 An investigative report dated July 23 1980 from Dr l rnnk Skuse l orcn - ic Scic11tist at th IIl1111c fC1cc Forer1sic Science Laboratorv L ancashirc E11gh111d 4 A Report issued l1y the International 'n111n1issll Jl of Jurists I I 'IC I dated May 2 1995 the 111c111bcrs of that body having 1 isitcd Guyana fron1 March 14 thr ugh t'v1arch 19 l 99' 128 I I I I I I I I I I I I I I I I I I I I I 7 2 I circumstances In the words of the Coroner's Act Cap 4 03 of the Laws of Guyana it was an unnatural death warranting the holding of an inquest with •I urgency However despite the fact that Snr Supt James testified that an ' I ' It is common ground that Dr Rodney met his death in unusual inquest is normally held within two month of death in the case of Dr Rodney it was held almosl eight years after his death No explanation was provided for this inordinately long delay but the Police file did reveal that I Ii I I I I I I I the request for the Inquest was made by ASP Gentle to the Coroner on 26'h October 1987 7 3 There were significant material irregularities in the Inquest itself as the reports of the foreign experts Drs Johnson and Skuse were not tendered into evidence at the Inquest or the trial of Donald Rodney Additionally Sergeant Trenton Roach who was a witness at the Inquest but was not called at the trial of Donald Rodney He conducted an important examination of the electronic equipment which consisted of three 3 domestic radio receivers I very High Frequency Monitor four 4 walkie talkies 2 Midland and 2 Lafayette They were all seized from No 40 Russel ' Street Charlestown which was Gregory Smith's former residence i 7 4 the day after Rodney was killed he thought that this was WPA equipment I I I I I Since he was carrying out his examination on June 14' 1980 However after his examinatio11 Vas concluded he wrote a stateme11t of his findings and appended his signature thereon 129 I 1 -----1 ' ------ -- --· ---- I ' 7 5 Notwithstanding the foregoing tbc typed and unsigned statement which was produced to the Commission from tbc Police Ille contained material discrepancies and differed from the handwritten note found by Sergeant Roach on tl1c n1onitor Vl1ich 11acl 14 111 VV Jrk JJ1 tl1e and tlzcn vvritten over tl1e 4 read re111e111 er to lvas t 1e nun1 Jcr _1 date ai1d n1onth 011 typed slaten1ent produced said Ren1e1nlJcr 141 i Jan11ar 1 two 2 1980 J11t the nr1n1ber J011r 4 f J Botl1 the ivor 1 011 l-i GS overivritte11 JJ1 the 1111111lJer The significance of the discrepancies in this paragraph were intended lo distort the record as it relates to Smith's role on June 13'h 1980 7 6 The other significant discrepancies were the date or the statement given as June 27 11 1980 and the dale of the signature listed as 30'h June 1980 7 7 Sgt Roach strongly denied that the information on the t 1Jcd record was correct Included in the file was a typed document signed by ASP Gentle dated 88-02-03 which stated that he and a party of policemen executed a searcl1 V1-1 arrant at 40 R11ssel Street and seized tl1c eq11ip1nent earlier referred on June 19' 1980 7 8 l'l1is ho 'C 1er 'US anotl1er ntteinJJt to CL VCr lJp tl1c tr11c idcntit · of the killer by the police in relation to Dr Rodney's death Sgt Roach 1nai11taincd that his exa111inatio11 'as 011 the day afler l od11ey died 7 9 Another attempt to hide evidence hy the Police arises from the fact that they never disclosed or made public the reports or the foreign experts Vl1ich provide fore11sic suppo1t to sl1ow that Dr Rodney 'as 111t1rdercc J30 ' '' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - 7 10 The stated position of the Government soon after Dr Rodney's death was that it would make all forensic repo1is related to his death public That they never did 7 11 The lCJ's report alluded to a number of short comings by the Police m their investigation into the death of Dr Rodney Having examined very closely the evidence put before us we the Commission agree that tl1cy were several sl1ort comings 7 12 Captain Gouveia was a Lt in the GDF at the time He voluntarily and freely admitted that on the morning of June 14 1h 1980 he flew his aircraft 8RGER from Timehri to Kwakwani On that flight he took Gregory Smith his girlfriend Gwendolyn Jones and their children He left at 9 08 a m and arrived at Kwakwani airstrip at 9 57 a m 7 13 At the time Captain Gouveia testified that he said had not realised that the adult male passenger was Gregory Smith He claimed that a few days later he saw a photograph in the Catholic Standard and he then realised that he had llown the same person to Kwakwani 7 14 i' I Given the chain of command he did not lly that aircraft of his own volition but had been instructed by his superiors so to do He further told us that his commanding officer in 1980 was Lt Col Godwin MclJherso11 but 11c assu111cd tl1at in Ju11c 1980 l1is con1manding officer Vas Captain Baker 131 i ii ---·1----------·-------·--··--- ------- '---·-·------···----· ·-· 7 15 Captai11 f tivcia testified that at that ti111c of t 1c e 'Cnts the investigation the State ct1ntr 1lled t 1e flo V of nc S in11 l ing tl1at ht had 1 seen or l1eard a11y·tl1ing Sn1it 1 Vas V 1anted 11 the go ern111cnt controlled i11edia t 1at Jrcg Jr ' in t onnct ticin 1 V 1 itl1 tl1e dcat 1 f Valtcr Rodney· Captain Gouvcia·s a11·ival at KV ak vani 7 1 1 Illll 1 l Jl I 1 lt1nc 4 h J 98 Vith Ciregor ' S1nitl1 and his fan1ily1 did n il go unnoticed Several Vitncsscs 'hll li ·cd antl Vorked at f Vak vani sa V tl1e JD aircraf1 8lZGEl at the tin1c C aptain Gouveia said l1c lan lcd 7 17 crl1ese K VU Vani Vitnesses VCre I Avril Bourne aged 38 years old being the reputed wilC ur Robert Vancontcn sec l1elLJ ' vho li 'Cd at l vak vani Park J- crl1icc J i 1cr Her vitness statc111ent is Liated ltily l 1 1980 2 Joel South vcll a Supcrnurncrar 1 111stahle 1 V ith Citiyana Mining Enterprise Ltd at Kwakwani and dated July 15 1980 3 RolJel1 1ancc1ntcn a c orporr l or attached tCJ JU ''Ull I i v1ining Enterprise Security l cpartn1er1t at l vak vani vl10 lived 11 the Security Compound with his repute ii wi IC vril Bourne and fomi ly and dated Julv 14 1980 132 I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I 4 Anita Thom a Supernumerary Constable employed by the Guyana Mining Enterprise Ltd at Kwakwani lier witness statement and dated July 15 1980 5 Egerton Causeway a Supernumerary Constable attached to the Security Department of the Guyana Mining Enteqirisc Ltd at Kwakwani and dated July 15 1980 These witnesses gave signed statements to Sgt Saigo I ' 7 18 What is significant is that of the five witnesse s who saw 1 Captain Gouveia and Smith and his family on June 14' ' 1980 three of them also saw when his aircraft arrived on June 17' 1980 They all stated that they say his aircraft land at about 9 24 a m on that day and left at 10 05 a m taking on board Gregory Smith alone 7 19 On that very day Captain Gouveia retuned to Timheri at 11 36 a m When that account was put to him he denied that he flew Gregory Smith from Kwakwani to Nickerie Suriname 7 20 In attempting to explain the destination of his flight on June I th 1980 he told the Commission that he could not recall based on his memory However on perusing his pilot's log book it was clear to him that he ell Timheri went to Tacama and returned to Timheri on June I 7' 1980 7 21 S111itl1 011 tl1c C 1 idcnce before the Co111111ission we fi11d tl1at Gregory was a JJassc11gcr 011 tl1e said aircraft 011 June J4 111 J980 ancl Ju11c 17 1h 133 i 1980 More importantly Captain Gouveia admitted that the time stated in i' l1is pilc t' s logl1oolc V 'as sufficient for hi111 to ha 'e gone to I wak_v a11i a11d 1 take Gregory Smith to Nikerie provided that all governmental approval was I '' granted '' 7 22 On the evidence there is clearly no conflict between the l wak a11i v itnesses and Ca11tain Gol1veia v· 1ith respect to tl1e 1110 c111cnt of 1 1 Gregory Smith on June 14' 1980 7 23 There were also statements in the police file from Gregory's younger l1rotl1cr Al1brey Smith stating that l1e sa v Gregor ' i11 GfJF llt1ifl1r111 and confirmed that Gregory Smith was enlisted in the GDF Also Pamela Beharry gave full details of Gregory Smith being in the GDF where he lived and with whom Ms Beharry knew these details because she had Jived in the same house as Gregory his wife and his children 7 24 The police file also had a witness statement from Joan Melvin a forn1cr ci il servant v 110 v as niadc a DijJl0111at a11d vvas J1l Stccl abroali 1 1 1 shortly after Rodney's death She had described Gregory as her lianc6 and kept two photographs of him in her locked desk drawer at work These pl1otograpl1s v ere ren1oved witl1out lier knov leclge a11d sl1c 11as never see11 1 1 them agai11 7 25 111 ligl1t of all of the facts n1attcrs ai1d events set 011t i11 tl1c a 10 'C paragra11l1s VC co11clude tl1at a11y1 well-fu11ctioni11g Police T 'orcc VOLild 11ave j pursued all leads in order to locate and bring Gregory Smith in for 134 i' I I I I I I I I I I I I I I I I I I I I I • • • • •I questioning at least as the prime suspect in the killing of Dr Walter Rodney I I' ' effort by agents of the State to conceal and keep Gregory Smith from the lo11g ar1ns of the la V 7 26 'I T11cre Vere too n1any u11explai11cd events wl1ic 1 poi11t in·csistibly to tl1at co11clusi lJ1 I 'I ' a The swift removal of Gregory Smith his girlfriend Gwendolyn Jones and their children from Timehri to Kwakwani by Capt Gouveia on a GDF aircraft on June I 4 I 980 with the approval of the High Command of the GDF I I I I I I b The removal of Gregory Smith from Kwakwani on June 17 1980 from Kwakwani to Nickere Surina1nc or son1e other desti11ation by the GDF aireraf We rely on this from the statement provided by the Kwakwani constable on the police file ' i c The sudden disappearance of Gwendolyn Jones and their children and removal to New York United States of America d I I I The unauthorised removal of Gregory Smith's 2 photographs from the locked desk drawer of Joan Melvin coupled with her I I imn1cdiatc pro1notio11 as a Diplo111at in the Ministry of Foreig11 Affairs To this must be added her posting on July 6 I 980 to New York and later ended up in Toronto Canada disaJlJJearc l 1 I On the facts we draw the inevitable inference that there was a collaborative 135 ·----- She subsequently e denial hy the Chief-of-Staff of the Army at the time Major General Ret'd Norman Mc Lean tlrnt iregory Smith was nie111lJcr of' the GDF at any ti1r1e or a serving 1ncn1bcr L1ftl1c MarinC Branch of the GDF I The unexplained disappearance of Gregory Smith's personal file s with the GDF coupled with the unexplained disappearance of the VP files 1-7 inclusive kepi by the Special Branch of Police l orcc in its Secret Registry' 'C Sl g Vas in L1tlr jticlgn1cnt deliberate and find Circgory S111ith hci11g allo ved t J return tl iuy ina at least twice Vilhl Ut being arrested or e 1en sto11pcd h ' 'he granting to Gregory Sn1ith of 2 inclll1sistc11t l irth L c11ificatcs Vith dif Crcnt and contradicting po1rticular a11d facilitating hin1 Vith passpllrt cspcciallJ' G11ya11a fJass11ort Nli 8l Q0 S7 issued on i 1a ' 2 l J 9l CJ at1thL1rised by' Con1111issi 111cr t1f Jll licc and C'hicf ln1n1igratit1n fficer of Guy'ana iv1r l_ auric I c 'is 111 tl1is C J11text VC note the fcJlk1v i11g i a true copy ol' the extract of the Bi11h Register ol· District 8 icc rgc Vll for the 'ear 1964 l lllicr the hanll nr tl1c I cgistra · dntcd 21114-11-04 which showed that al Entry No 9'J the child Circg 1ry' S111ith ·as Jor11 on June 5 jcorgctc1 'll 'hl1SC given il ltllC at I' ul1lic I c1s11itnl at birth ''1S '1 lia111 f'atJ1cr' - na111c given as 'ecil S111itl1 1ixec t1f 136 J 1 4 I luntcr Street 1notl1cr·s I I I I I I I I I I I I I I I I I I I I I name given as Anita Smith formerly Berry of 64 Hunter Street • ' ' ' ' ' ' I' This we conclude is an accurate and true record of Gregory Smith's birth particulars Ul true copy of the extract of the Birth Register of District 8 Plaisance for the year 1982 after the killing of Dr Rodney under the hand of the said Registrar dated as well 2014-11-04 which showed at Entry 87 the child was born on 5 June 1946 at 17 Barr Street Kitty not Public Hospital Georgetown whose given names not name at birth were Cyril Milton not William father's name givco as Cecil Adolphe Johnson not Cecil Smith mother's name given as Anita Johnson nee Simpson not Anita Smith nee Berry 7 27 t1 Starting with the Appendices in the book Assassination Cry of Fuiletf Jlevo utio11 by William Gregory Smith and his sister Anne R Wagner the alleged Birth Certificate for Cyril Milton Johnson corresponds to that set out at 2 above I I I I I I I I 2 The Birth Certificate on the second page of the Appendices correspondents to that set out at I above 3 The completed Application Form For A Guyana Passport dated December 17 1975 followed the particulars set out with a height of 5' 8 which was signed by William Smith and had a copy of his p 1 ltogrri11l1 tl1ere l11 and J1is occupatio11 was given at tl1at of'a11 Electro11ic i 1'ec 111ici 111 tl1i passport Vas issued i11 tl1c nan1c 137 tlf Willia111 S111itl1 4 Thc completed Application Form 1 m A Guyana Passport follo ved the particulars set out tinder 2 al1ovc Vhich ·as t1nsirrncrj_ 11 · tl1e applicant Circgllr Sn1ith and has a 1 CllP ' or ircgC ' S111ith's photograph thereon but this time his date of birth as stated as June 5 1943 not June 5 94li and his occupution was lchangccl to that ofj ''Car1Jt 11ter lnot a11 J cctronic T'ech11icir111 and l1is heigl1t had i11crcased to 5' 9 althllUgl1 he Vas 11111cl1 older 'l'his Vas tl1c for111 that was approver _ hy Mr Laurie Lewis on May 21 I 999 and a Guyana passport 'as iss11ccl in the· na111e of ' ·ri Mihllll lllhnsl111 5 A copy of the passport No 0890057was issued under the name of Cyril l 1ilt Jn Jl1hnson 1 6 The copy of the passport on the 3 page of the Appendices of the book over the by-line Passport Cyril Johnson provided by the VPA is i a co11 of a 11reviot1s passport issued 1 1 Gregor ' S111ith 1 7 l he knO ' edge the killing _ f or tl1c Police abot t Greg 1ry Sn1ith' s involvcinent in 'alter as borne b ' the C 'idencc nr i S J l 1c Rae and refusing t 1 act anti 8 l-'l1c accept -1nce l1y Stir Su11t Janie that the pll icc invcstigatil1n 'as unprofessic1nt1l 7 28 The cl1n1binati _1n c1r these 11nassai al1lc f 1ct and circttnistances Joint irresistibly' to 1fiicial in 0l 'c1nent in the rcn1 1v l 1 llf all traces of Gregory Sn1ith and pcrslins c osel ' connected to hin1 pri11r 111d subscl1ucntly to the killin of J r f odncy' These in turn J1l1int t l 1 c Jnspiracy· a11d 138 I I I I I I I I I I I I I I I I I I I I I f I ' 'i collaboration in the killing of Dr Walter Rodney by between or among the State officials the GPF the GDF and Gregory Smith I •I 11 7 29 Additionally when considering alongside all the other pieces of evidence in determining who was responsible for killing Dr Rodney it is clear that the Police had actual possession of the post mortem report dated I I I I I June 30 1980 from Dr H R M Johnson and investigative report dated July 23 1980 from Dr Frank Skuse These reports point to the involvement of Gregory Smith in the death of Dr Walter Rodney It is therefore difficult to understand why the Police took no active steps to find or apprehend Gregory Smith apart from the Police posting on its Wanted Men Board that Gregory Smith was a wanted per son ' 7 30 In fact at Dr Rodney's Inquest when Mr Jainarine Singh attorney-at-law was cross-examining Snr Supt Gentle Counsel asked him I when he went with a party of policemen to search the premises at Lot 40 ' I I I Russel Street Charlestown Georgetown where Gwendolyn Jones lived whether he was looking for Gregory Smith Mr Gentle amazingly answered At that time no That prompted Counsel to ask him the further question whether he was saying up to this day February 10 1988 his investigations did not show that Gregory Smith resided there al 40 Russel I I I Street and his answer was My investigation did not include looking for Gregory Smith On this evidence Mr Vernon Gentle and the Police were clearly implicated in the conspiracy to conceal and distort the truth relating to the killing of Dr Rodney and events immediately following his death 1 1 139 I '' 7 31 'l'hc pattern L1rclistortion ancl conccal1r1ent did n 1t st 1p Vith nr Supt cntlc It transcen lcc l1r infcctc l the l1ighcst echcl 1n ii' the Jill- s exa11111lcs Ve qu 1tc ce1tai11 statc111e11ts made l1y' ccrtai11 police 1f iccrs a At the trial of Donald Rodney for being in Possession or Explc1si C lithout La vful Autl1oritJ l1efc1re l 1agistratc N lrn1a 1 1 ' Jackn1an Dcput ' Superintendent Ignatius I 1c l uc l1cing S 'nrn 111 I l 111 l 'cl1ruary· I L 82 stated as follnv· s fif1 1101 k11f1Jf' 1hc1t Gregor ' the A1inistr J CJ 1-lealth S111itli l1f1c I o not tJ e irffi·icnll 1t' Jrki11J ft c11fJJf' t 1ctl ' i111n1cclic1tc v ier the inciclc11t sl1c lVas transferrecl t J the A·Ii11ist1 ' c f· f·'cJrc r 11 1 fi tirs I clo 11rJt kJ101 ' t 1c1t she livefl cit l 11i111l'L'lllt I flf1 1101 c11f1••' if she 1ras s11 Jscc1ue111 v 11ostccl tcJ the 1'111·c111c1 C cJ111111issirJ11 i11 C 'anacla DI1ri11g i11vcs1igali J11 1cc1rcl tl1c 11a111c G1t'enclol 'tl 011cs sc ve rct I chi lei re 11 fc Jr GregOJ' ' I 1e trcl thc1t Glre11dolv11 I ·n1 ith Jones G111e11do y11 111 r h1 l1c11'c tftJ 11fJf c11fJlf' thf1f she hl1cl 'l1S i11fcrro t ttccl Clft I t 11 llfJf c110H' she ave a stc1tc111c11t i11tcrrcJRate I I ig 1 c l1es I fl11 I l1 1· tl1t' JJO ice fffJ 11 11 111111• lt'il J 11t1t 111111• ivhcrc l Vt 'I 1u lo Z1 111 cJJ l'S is 11 JH' 1f11l1t I have toll t 1c '011rt l1 J 1f rJl 'S is f1·11c ' 11 It' JCC ISilJll 1 Jr Rol l' 'l ' 1 r 'l'cil '5 'k 111' l t l1crts rht' Dc1n1 1· C 'ri1uc Chi 1rhcJ hc1cl SlljJCJ l'is1011 llllcl cc 11trr f· the 140 I I I I I I I I I I I I I I I I I I I I I I investigation according to Ji1r Mc Rae called all members of t 1e i11vestigatin g tean1 for consultatio11 I I I I I I I I I I I ' I I I I I 7 32 The above statements except the las part were clearly untruthful because on the basis of what we have set out above 7 33 At the same rial see p 5 of ARG4 Mr Mc Rae in answer in cross-examination lo Mr Doodnau h Singh attorney-at-law said 7 34 would not recognise hand book WPA sic was circulated among Ii the members of the Guyana Police Force I have seen a copy of this book I know that this booklet has been published but I do not know r ' that it was circulated a1nong the Security Forces And as tl1e booklet sets out it is a guide to personnel of the WPA lhe first paragraph is ofRodney Roopnarine and Omawale I know that these three leaders were charged for Arson of a building in Camp Street I do not know the building is the office of the General Secretary of the People's National Congress but I know it is the Ministry of National Development 7 34 The above statements by Mr Mc Rae were inaccurate or untruthful because of fact such that judicial notice can be taken of them that tl1e raison d'etre for tl1e Recog11itio11 Jandboof was to assist the Police in their surveillance of the members leaders of the WPA and it had been ' 11 ' j I 141 established that the building in Camp Street had housed goth the Ministry of National Development and the Office or the General Secretary or the People's National Congress 7 35 SIGNIFICANT FINDINGS 7 35 In the end it is clear to us that the Police were unprofessional extremely inefficient in turning a blind eye to the obvious or deliberately botched the investigation in Dr Rodney's killing or were complicit with others including the GDF in hiding or shielding Gregory Smith from facing the hruut of the law for having murdered Dr Walter Rodney 7 36 Given all the relevant facts events and circumstances set out in the Report we unhesitatingly conclude that Gregory Smith was not acting alone hut had the active and full support participation and · encouragement of aud or was aided and abetted hy the GPF the GDF agencies of the State and the political directorate in the killing Dr Walter Rodney 7 37 Dr Walter Rodney was a man of large and significant stature both in Guyana and beyond at the time of his death He could only have been killed in what we find to he a State organised assassinatio11 Yith tl1c l nowledgc of F'ri1nc l 1inistcr Bltr11l1am in tl1c I· Guyana Clf tl1at pl riod It was a co11trCl llccl sc1ciet v and l-lurnl1 1n1 ltad a I ' I 142 I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Ii ii large and detailed knowlcd1 e of whatever was being done by the State and its age11cies 7 38 Mr Laurie Lewis then Head of Special Branch and later Commissioner of lolice is d cad We fi11d however that tl1cre is prima fade evidence that he along with Major General Norman McClean Ret'd then Chief of Staff of the GDF and Mr Cecil 'Skip' Roberts the Deputy Commissioner of Police and Crime Chief had significant roles to play in the conspiracy to kill Dr Walter Rodney and the I subsequent attempt to conceal the circumstances surrounding his death ' 7 39 Further given the manner in which the country was run coupled with the threats issued by Prime Minister Burnham to the members of the WPA and the evidence of Mr Robert Allan Gates we conclude that Prime l iinister Burnham knew of the plan and was part of the conspiracy to assassinate Dr Walter Rodney 7 40 Ve have relied too on the testimony of Robert Allan Gates and on the relevant circumstances and events described in the Report for that finding Resulting from the premature termination the Con1111ission none of thos' alive and herein ide11tified was given the opportunity to testify and to resist this finding '' ' 143 --- --- ------------ 7 41 'l'hl' rcsltlt 1s that Ve mali c llf fir111 a11 I specific dctcrn1i11 1tif n co11ccr11i11g tl1cir roles l ic 'Oltd l'ltat is i11 lic 1tccl l1t·rci11 14' I I I I I I I I I I I I I I I I I I I i I I I I I CHAPTERS CRITICAL l1JNDJNGS AND SUMMARY ON GREGORY SMITH I I I I I I I I I I I I I I I 8 1 We accept that Gregory Smith gave Donald Rodney an anti- personnel device namely a remotely controlled explosive in what appeared to be a walkie talkie a communications device 8 2 At the time Gregory Smith was a sergeant in the Defence Force in the marine department 8 3 We accept too that Gregory Smith was encouraged m '' providing that device by prominent members of State agencies i 8 4 We find on the balance of probabilities that Walter Rodney had intended the walkie talkie to be a communications device which would have i permitted him to be in relatively easy contact with fellow WP A activists and for no sinister purpose The point must be made at this stage that telephones were not easily available and there was discrimination in the distribution which was controlled by a state agency and which in all likelihood would have been denied the WPA 8 5 accept was We find further that Donald Rodney whose testimony we 011 · I1t of l o_1 th Jt111e 1980 doi11g no 111ore tha11 tI1e n1g 145 acc tn11anying his hrc thcr alter to collect Vhat they' tl1ought ' 1ul l ha 'C i been a valkie talkie There is n l evidence lJefor1 u - suggest that the reastlll fi1r 8 collecting the device was other than indicated hy Donald Furtl1cr VC arc satisfied on the evidence 11resentcd thnt S111ith 8 7 'as protected l1y' tl1c State and this inference is strc11gtl1enell 'lien it is 1c1rnc in 111ind I 1 T11at within a n1attcr of l1ours 1ftcr the ex11losion ancl rcsulta11t death of 'niter R dncy' Sn1itl1 Vas taken to K vak va11i in a ' Defence f rcc aircraft 2 He 'as given a 11ass1Jo11 not in the na111c lfCiregor ' Sn1ith ·hich name he carried as a rnc1nber or the l cfe11cc r·orcc 1ut i11 the ' name ofCYRlL MILTON TOIJNSON 8 8 i' 1c hold that the change of nan1c Vas intcr1ded t J concc 1 the true identity of the killer of Walter ancl that it could only ha ·e been achic cd 'ith tl1e coo11eration and suppi111 of the Jlasspl1rt l1f'licc vhicl1 va - 1 art i1fthc I ' 8 ' It is significant tl1at that the hcac of the I c11artn1e11t at tl1c n1 1tcrial tin1e ' I- Laurie 1 C Yis 14G I111111igratinn I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 8 10 We accept that Gregory Smith renamed Cyril Milton Johnson received State assistance in going to French Guiana The choice of country was deliberate and was no doubt informed by the fact that French government of which French Guiana was a Department had a policy opposed to the death penalty In short it would have been difficult virtually impossible to secure the extradition of Smith Johnson from French Guiana 8 11 That Gregory Smith returned to Guyana on more than one occasion and received a new passport on one such visit according to the evidence of Woman Police Sergeant 1725 Alexis Adams is also accepted I On that occasion the Passport Office was acting on the instruction on the then Commissioner of Police Laurie Lewis 8 12 The inspection of the passport form produced before the Inquiry revealed that Smith renamed Johnson was not required to sign the form and I 1 I fill in the necessary particulars required 'I I I 8 I 3 Allan Gates was an important witness on our findings in relation to Gregory Smith Cyril Johnson Gates' testimony is that he and Gregory Smith grew up in neighbouring districts and that he knew Gregory for years He further testified that Gregory Smith told him that once Dr Rodney was dead he would receive US$ I million and that he and his wife girlfriend and child would be facilitated in being relocated out of the country 147 ' -- ------------ ---- - X 14 It n1ust hL' indicated that i llan Gates a f 1rn1cr J1t licc111an anLi ar1 i11structor in sccurit ' 111attcrs Vas at t11 tin1c lJeriocl f if his tcstin1 ll ser ·ing a in1prison111cnt f1Jr several offences of tJbtnining lllC llC l l1 r false pretenses 8 1 S At the heart of' the offences for which he was convicted rs dishonesty 8 16 i·hcrc is no rule of e 'idence or or hu111an expcrier1cc tl1at becattsc a 111an is in 11rison or 11as l1ecn con ·ictcd his tcsti111011 · 111tist be rejected 8 17 le V c nevertheless as oursel 1cs as Ve felt tJbligcd ttJ wl1etl1er sl1ould accept Ciatcs' C idence not al ''ays c irrtJboratcll in C 'CI ' r11aterial 1 par1icular and what weight should be attached to it 8 18 1-la ·ing S ad 'ised ourselves VC fClt C 1nfi lcnl in accepting Gates' tcstitlll l1 ' I-le as unrtiffled in the Cllursc or testifying he looked the Cor11r11issi 1ncrs straight i11 ti1eir eyes he 'as unshaken 111 crossexa111ination and his cvicter1ce is supported l1y events vhich occt1rrecl ubscc1ucr1t lti i dncy's icatl1 'hat series tif' accidcnlnl and Ve found tl1at Allan Gates Vas I111po1iantl ' 11 1 c ·idcncc vas 11rod11ced testin1on · 148 1 -' c 1inci lenccs Vas not i witncs lf the trutl1 illl ' inc cl111tra lictir1g hi - I I I I I I I I I I I I I I I I I I I r I I I I I I I I I I I I I I l I l I 8 19 The book purportedly written by Gregory Smith and his sister Anne Wagner entitled Assassination C1y of a Failed Revolution The 1 ·uth About Dr Walter Rodney's Death is a self-serving account of what took place on the night of 13' June 1980 In the words of the publication itself it was intended to present Gregory in a good light in the eyes of history ln Anne Wagner words at page 17 My brother's one unfulfilled wis 1 was to clear l1is 11a1ne He11ce n1y solen111 promise to hin1 and to myself to let the world know the truth even 1f it kills me Unfortunately her account as set out in the book docs not harmonize with the evidence presented at the Inquiry 8 20 The suggestion that Walter Rodney was killed on the initiative of his own party WPA has no support on the evidence In any event Rodney was highly respected if not idolized by WPA members who had difficulty travelling and could not have arranged Smith's sudden and disguised exit from Guyana They had no capacity so to do They often had to resort to what has been called the back track to exit Guyana themselves 8 21 It is inconceivable that a party whose executive members had difficulty travelling could either have secured a passp011 for Gregory Smith 'I in the name of Cyril Johnson and or secured the services of a Defence Force aircraft to support his exit from Guyana with his family 8 22 We have no hesitation in holding that Gregory Smith was responsible for Dr Walter Rodney's death on 13 June 1980 and that in so doing he was acting as an agent of the state having bee 1 aided and abetted so 149 1 tl clo 11 1 indivitluals l1o li11g i1ositions ' lcadcrsl1i11 in State' agc11cies anci co111r11itted It earr 'ing c111t tl1e Visl1es of the PNC' Adn1inistrati 1n 8 23 Ciatcs f'urther testified that three days before Rodney's death Burnhan1 1net Vith Ski11 Rol1crts Laurie Le vis ancl Norn1an briefed on the plot to kill Rodney l 1e lean tt1 be His evidence is that Burnham insisted that Carl Ram Doobay be present Doobay was close to the President and with the 'resident rode horses with Skip Roberts 8 24 Ciatc s' still furtl1er testi111on 1 is that sul1scqucnt to Rodney 's cleatl1 he intcr 1 ic vcd a nu1nl1er ofperst111 to satisfy 11in1sclf is tt1 Vl10 illed Roch1ey a11tl h 1w 1c clied 1 1-Ic said that it Vas Sgt Mark ll1l111sor1 'ht1 i11rorn1cc 11i111 that the 111ccting tl1rcc day1s before l otlnc ''s death took place at tl1e Prcsic cnt's l1ffieial residence He said that as part 1fhis investigatior1 into Rodney's death he looked at intelligence clippings and spoke to Sgt I i ·eq1ool anti Sgt Saigt1 He conclucicd tl1at it Vas his juc g111cnt tl1at f nclnc l· · r· clcc1t i c1s r- f£1 C' S O lsored c111d f J B11r11hc1111 's kn J111ec ge · 8 25 Ile said that l3urnl1am a11 1 tl1c JlN ' Adn1inistratio11 ' 'ere eoncerr1ctl Vith ftillo ving l Tl1c increasing ' large cro vds Vl1ich Vere attractc 1 1 Vl'A 111cctings anll Vhich 'ere seen as a threat to the Jt1 'Crnn1cnt 150 ' ' 1 I I I I I I I I I I I I I I I I I I I r •• I I 3 His activities were seen as interfering with the smooth function of the ' •I I I I I I I I I l I I I l I I State 8 26 After Smith Johnson was in Cayenne Anton Barker was sent there to keep watch on him and that assignment was given Barker by Major 'i' 11 General Norman McClean Ret'd He gave Norman McClean's code name as 'Moon River' 'i 1' ·i I I 151 CHAPTER 9 RECOl 1l 1ENDATIONS l csulting 9 I fro111 tl1c fi ndi11gs of fact set ciut 111 the 1 1dy llr the re11ort the l1clc1w-n1c11til1ne l reco1n1nendati 1ns arc 111adc l vcry 9 2 pro Cssiona llolicc effort should be n1ade to have a vvcll-traincd and high ' 1 ·c1rcc Vith a thorough appreciation t1f its dut ' ir1111artialit rcgarcllcss or ctl111icit l or JJ3rt ' arfiliation and t1y al 1 1 ttl t 1 scr 'C the l1cst i11tcrests cir the C 1untr ' and to the C'onstabt1lary· 9 3 ' 'his vi I in tur11 ca for a l1eavy· invcstn1cnt in training at C 'cry level ancl on an ongoing basis 'ith attention tt1 apprc1priatc 'a tic in additil111Ill11r 1pcr p 1 icing techniques 9 4 l'hc Arn1y too n1ust be professio11al Notl1i11g is Vc1rsc than an ' i Ar111y in a Cl1Untry striving to be an ideal illnctioning lc111 1cracy JJcing partial t 1 any 11c1litical part l vhether in go Cr11111cnt or llthcr visc n DrHlJ' 1 IJJ' definition has a near n1ci11opc1l y of the lcgiti1natc instrun1cnts anc 111ust he trainee it act rcsponsil1l ' at a l tin1cs 152 lr vil1lc11cc ' i I I I I I I I I I I I I I I I I I I I r I I I I 9 5 The Coroner ln this case there may have been more than one coroner over the eight year period that elapsed before the Coroner's inquest into the death of Dr Rodney started That delay did nothing to assist in maintaining confidence in the justice system Every inquest hereafter should commence withiu 6 months of a death in unnatural circumstances or in any circu1nsta11ces warranting a11 inquest Tl1at is tl1e goal to wl1ich all Coroners I should aspire The Coroner should be encouraged to exercise his or her own I McCrae did describe Rodney's death as unnatural I 9 6 discretion judgment in such instances It should be added that ACP Ignatius dispatch in these matters and should be preparing their investigative files so I I I I I I I I I I I The Police should be aware of the need to act with reasonable as to meet the timeframe indicated with oversight from the office of the DPP 9 7 It was conceded by the Police in the course of the Inquiry that a 'I thorough investigation was not done into Rodney's death In fact the evideuce is that the Police did not act with professionalism thoroughuess or speed The recommendation is that the department in the Police Force tasked with responsibility to investigate serious crimes like murder should at an times strive to do so with thoroughness and urgency without I I' compromising the investigations and those in authority should make it their I I' ' duty to so ensure Failure to pursue their investigations professionaHy as in I the Rodney case may be regarded as an adverse reflection on the society's regard for the right to life which is one of the hallmarks of a civilized society 153 I 1 -----i -- ---- CJ 8 So111e in1pl Jtant records inclusi 'C of files Vith evidence relating tL tl1e Taltcr l l dtlc ' case anc_i in tl1c custl d ' of tl1e Police ancl the J rn1 y Vere 11ot made available to tl1c Cc_ n1111ission as requested cxplanatio11 i-1ro ·ided 'as that they· could lllli l1c f t n I That is an ·rhc titl 'Crsc co111111c11tary on the tl1orougl111css efficienl' y 11nd security of their rcCl rd keeping systems 9 9 1·11c reco1n111cndation is that a tl1orllt1gl1 ancl i1ron1pt rcvic Y til' tl1c systc111s be undcrt ikcn so as to e11sure that an i111pro cc cfficic11t and 1 rclial1lc systc1n of rccc1rd kccpi11g is i1ro idcd tc1 both tl1c Arin ' a11d the 1 Police St1cl1 a sy1ste111 Viii call for properly trained pcrso11ncl to n1anagc ancl inaintain it A scct1rc cl1111putcrized s ysten1 nia 1 gl a il1ng 1 ay1 in achicvi11g this ol1jccti 'e 9 1 No part ' in ill 1crnn1ent shoulll be 11crn1itted tc_1 ta11111er easily 1r at all Vitl1 the elcl' tl1ral sy stcn1 sucl1 as 1 1 secure an unfair advnntagc 'l'hc 1 clcct 1ral S 1stcm sl1oulll bL' entrenched i11 the c·llnstitution and should 1111 1 l1c a111cndal C l1y a 2 '3 n1njllrit ' 1 Besides the 'hairn1a11 of the I cctilllls c llll1n1ission sl1oulci be a pcrs n l1ftl1e 11igl1cst intcgrit ' and non-political and 11is hcr ap JOintITICJ11 Vhich s 1c_1u d nlcet Vith t 1c 1ppr 'a nf' Oj1 1ll 'iitil1ll groups and sectoral interests If felt i1cccssary the sourced from a CAl l ' l 1 cotintr ' C hair111a11 i11a y l1e 'J'hc 11 1litical pposition ancl 11hcr interests should be adcquatcl y represented l the c-·0111n1isSillll Scri U - cha1 gcs sl1ould not l1c undertaken exce11t alter a th rotigh and n1ca11ingful 154 I I I I I I I I I I I I I I I I I I I I I I I public education programme and af er consultation too with the Opposition pa11y parties and pursuant to a 2 3 majority vote in parliament 9 11 Consistent with the spirit ofCARICOM integration in each and I i every General Election observers from across the CARICOM region the United States Canada and the United Kingdom should continue to be I I invited to monitor the elections And in that exercise every facility should I be afforded them 1 ' • I I I' ' I 1' I I 9 12 fault line The ethnic divide in the Guyanese society constitutes a fragile General elections produce an environment that puts that fault line under stress Many of the recommendations made herein assume the existence and maintenance of a sense of ethnic harmony But it has to be ' I I I I I I I I I I - worked at Every Government has a continuing responsibility to work in close consultation witl1 national associatio11s and diverse interest groups to design and implement a programme intended to strengthen ethnic harmony and a sense of national unity 1· 155 ---- I I I GUYANA COMMISSION OF INQUIRY TO INQUIRE INTO AND REPORT ON THE CIRCUMSTANCES SURROUNDING THE DEATH IN AN EXPLOSION OF THE V1TE DR WALTEll llODNEY ON THE THIRTEENTH DAY OF JUNE ONE THOUSAND NINE HUNDRED AND EIGHTY AT GEORGETOWN Ii 11 I I I I I I I I I I I I PROCEDURAL RULES In exercist' of lhe povv 'r coni1orred on il under Act Cap 19 03 the Con1111i ' sion of l11quiry ippnint d ection 9 nf 1ht Co1111nissions of lnl1u1ry by the Pr 'Siden1 of the c o·operative Republic of Guyun 1 on t ht' ti ' d 1y of rcbruary 2014 and whoc t lppoin1 n1cnt 1hc Official G izetlt' on B' ft bru iry 2014 111 ikcs the follov11in1 rult ' V1 JS publisht' d in 1 ' PART 1 Interpretation 1 iI Corn1nis' 1on rncans Sir Richard Chcltenharn l A CLC 1Jh_O Mrs J21cquelirie S Jn1ut ls 8rown Q C ind Mr Seenath J iir 1111 S C hPing 1-hP persons cippoinlt LI as Co1nn1issioner' by 1-lis xcelle11cy the Pr-P' idc11t nl the Co-opcrJtive RP public 111 of Guyan J on the G day of febru 1rv 2014 u11dcr 1hc prnvisions of the Con1111is' io11s of Inquiry Act CJp 19 03 ii Coin1niss1on Collnscl rncJns counsel upp intod 10 the Coinmission ind retJined by the Governn1ent of GuyJnu to Jct Iii JC Counsel to the Commission dorurnent inclur Ps uny papr•r Vriting or 1n 1tcrL1i 1h it is 111 electronic 1udiotcipe or vidcDL ipc forin digit il reproductions photogr iphs niJpS gr Jph' rnicrofiche llld 1nv d 11 or information r •cu1d1•d or c tored by rneans by JllY dt vicc iv pa1 Ly 1110 i11s LI pt•r• Jil group of perso1y or 11r· 1nic 1Linn th 1t h 1s IJecn grci11tcd tJ11di11µ by I lit' con11n1s• ion 11nder pJr·t ' 1Jf llH ' t Rult•s PAHTZ fhe Inquiry tilt• fJcls Jncl cii-cu111 t 1r1tl 1111111i'd1 1t1 ly pr1n1 1L lhL' t 1111 - j 111d ' IJb_ qucnt lo the dt'alh o1 Ui- ·V iltt'I- l udnt·y i11 11·dt 1· to Tu t'x 11n11H' dl'lcrrn11H' JS J ·11· 1 L'XplO' IUll rt· ullin Ill poss1blf' hu the deJth ol 01· Vlidl ' ' 'd' 11'' po11· 1blt' 1ur the 01· V 1l1vr J HllH Tn 111q111rt' i1110 th ' r 1use of the t xplo' in11 111 1 h11 h IJ1· J l 1ll· r l ndnt' ' 1lit·d -Vh1'liit'1· it a11 act r f tcrrori· 111 111d ii · o ' 1 ho ' 'I thf' 'J pc1 pl'tr 1111r ' fn · pccil1rJllv cx ·11nine the rcilt if 111v ' liii i1 tli1· l 111· Ci1· ·1 n1' Snrith 1 ' t 'gf' 111t ot 1110 Gi1yi1nci Dcfcnct' ln1·cl pl iy 'd 1111111· de ilh uf Dr V l illt r rlcidlH'Y 1nd iJ ' n n ir1quirt-' into VJhu 111 1y 1l 1vt' 01111' l'lled p1ncurl d 11dcd 1nd nc tibc1tf'ri hin1 to do so i11cl11d1111 f 1cilil 1li11g hi· iic'p -ir111rc 11 on1 Cluy ina Jftcr Dr WJltcr Rorl11cy'' dt' JI h Tn t'x 11n1nc 1nd i C'port on 1_i1f' -ictions ind Jcl1viti1 of lh ' Sl itc ' ur h 1·- lht• J1Jy 1n 1 Police rorcc the Guy inzi Ocfcnct· force 1hL ll' il1L1 01 it1on il _' -'rv1cc 1 the CiuyJ11 i Peoplt 's rvlil1tiJ ind Lhn P 1 1ii11 • t'I ' 111 co111111 111d ind - lpPr1ntcndrnce of thc_ f ap cnciC ''i to ilL 1lcrn1i11t' '-'JIH'1 ilPr I hcv · re -r 1skt·d Vilh he surveill incc of and the c 111· 1 ·1r · 1it1 u 1c io11' 1-1d - vh0th1'r thcv did t 'x ecutc thos 1 isk' 111d 111·1 'd out 1hos ' -1cl1tJ1l' 1g 1111 t lhf' Political Opposition f -Jr 1hc period 1' L11HJ 1ry 1'cl7 to ' u 'ccrnhPr JtJgo i-o t ·x 11ninr revicv • and rpport on l'dl'iiei- 111vc li ' ll1011· ind P11q1111·1c' donl ' 011 z11HI i11to the dcuth of Dr 'Ji ill •1-1 url1H'V ' _ - flH' p1-occc'di111• ' ol lie lnqui1y sh -111 be co11ductf'd 111 p11ill1 i111lt ' • 111 ce1r 1er 1 prnccL'd1111 ' S ir1 d1'f'rll 'd IH'Cl SSJr·y or- d ''J11 -1blP in lhP opi111rln nf IH• Co1nni1' s1n11 The Cn111n1i • 1011 ' viii hnld pulil1c he -1r111r ' 11 tlit' premise of the I fir' 11 C11 1t I u llH' ' i11pre111r• Court rJI l11d1catitrl' V1ctorL1 l -1 v Coi11t v i1111e ot tl1c l epubl1c or uch n1h1 1 1 pl l t' ·1· liir' Co111111i ' 1011 1 l11Pct 01- rL-111 In lit' dt'1t'rn1111ed 11' tlH' Co1n111i· s1011 r111111ni' l Jll ' ' 11 l l1•' lot it ·il it 11· op fl IOI Th» 1d111i111· 11- 1t1v1· 11 tict ul 1111' l the Supr 'l11C O ll t l 111 II' H11ild111 ' Vi' '1 l I I d t_ot1rt' 1 v1·1111t d l IH' i t'IJL1 1l1c tJ ·o1·1 1 lo' ·J11 1 I I I I I I I I I I I I I I I I I I I I I I I ''· tJntict of d itt•s of hl' lri111 1·1 Jnle s utherw1sc rlir1•ctc J by lhP Co1nn11ssion l1e 1ring' 11111 be provrdi d i11 -1li1nt•ly111a11ncr 1 ·111d conclude Jl 1 30 p 111 ir • 1rh 01hcr li TIC' o 111Jy ll1 ' h 111 co1n1nc11cc it lJ -50 1 111 n1 cc _ ·11y There viii be brt -1k' 1 n1 1y lie cn11vtcnient Al pJrties and thl'ir t Ollll' 'I c h 111 IJc deen1cd to under1Jkt- to 1dh1 rc to lhP 1- rull'o 1iy 7 p irty lJr the Co1nrnissio11itsQlr111ay r 1 se 111y issue of no11-cntnp i 1nce with thest rules with the I I Coonnission The Corntnisc ion - h Jll dcJl VJ1th a breach ol these rult s as it sees tit includin hut 1101 rr strictcd to revoking th - • tJnding of a pJr1y Jnd irnposing rc strictions on th furlh 'c pJrtic1p 1lion in or JttcntL1ncc 1t t H' IH'Jri11gs by ll1Y p 1rty cotrnsel individual or 111c111ber ol lh ' ITil dt i The Co1nmis ion 111Jy dt'pJrt trorn these 1·ules vvh1 n it con ' iders 1l dppropr1Jte to Jo ' n The Cornrnission n1Jy Jn1cnd these rules or cH pense with cornpliJll J ' with 1hen1 v 11 9 dL'ClllS 11cce sJry in order to ensure th it 1he hcuring is thorough J Jir ind tin1ely Thf- ' Cornn1issio11 rn 1y postpone 1ny date 10 I I I I I I I I I I set for 1ny hc 1ri11g or Jpplic i1ion or the doin1 of Jnything The Co1nn1isslon h ill notify all counsel Jnd iny P 'rso1i organisJtion or office clfft ted by tht postpont Jl1Cll1 of the new date PART3 Standing ·11 Con1mission Counsel shJll Jssist lhe Con1rnission throughout the Inquiry Jnd Jre resronsible for ensuring thJt he l11riuiry is conducted in iln orderly fJshion and thJt Jll rnatters IH--'Jring on the riublic interest und falling wlth the sccipt of the Comn1ission's n1JnrlJte i1·c lirough1 to the Con1n1i sinn'o 111f'ntinn Comn1is io11 Counst I h ive stJnding throughout the I 1lq1li1 y rJcr ons groups ol por io11s or on Jnis itions cvho 1 v1sh In participate in ihe Inquiry 111 1y ·1pply for s-tJ11ding befo1·e the l11quiry The Cornn1ission 111ciy r r 1nt lJnding if it is Jtisl1cd th 11 12 111 1pplic int hJs J substa11t i 1 dlld din cl interest in the subject rnJtter of the Inquiry or thJt th1· 1pplic lnt's pJrlicipatlon in th' Inquiry tnJy be helprul lo lhe Cornrnission in fulfilling II' 1n 111r L1 I e 13 The Con1rnissio11 sl1 1ll delcrn1i11e nn whc it 1ernic i p 1rty n1 ly par1icipJte in tl1e lnq11iry l·l i s providt d for in l' ii-1 · C u11n' f' r·i pre' i nl1111 1 1 1l1H · 'lJhn ic c 1lled In ll · tif ' Jcfo1c lhc Co111mi 1n11 111 1y hlrt1c11i 1te during ll1c IH' ir1111 of th it w1l11t c ' l vidl l1Ct' Vitho11t the 11ccr s1ly ol 1ppl 1 111 for · 1 -ind1111' - 111 Per' on' i 01- ti1 _ 1111' llH111 i- 1· 111lt'd ta11d111 1 ii ' llH' r -i1111n1- · 1on 111 1v he r 'p1- '' t'r1t1'd iv 111111· t·I p1 ov1d 'cJ 1fl 1t · ih 'I ' 111v iH'1 · 011 g1·oup 11r o 1 -1n1· 1t10 1 1' r t-'prt''sc11t ·d h 1 11101- ' I 1 111 -11H at1or1H·y 011lv Olll' ol th • 1110111 · -' n1 -1y provide 1Jt'rh 1I r1•p1 t'111 111n11 JI 1111 - n it' · 1tt11ll-' 111 till' Co111111i' s1011 PART4 Evidence i Gener il I' rl1L' Co111rn1ss1011 111 iy l't'tl'IV ' 111y t'Vidcnr 0 llill It co11· 1dt•rs to bt ht lpf11l 111 f1il 1lli111 tt· be Jdn11' ' 1bl ' i11 1 rourt ol la1 -v 111 1nd ilc vvhetl1er or- 1101 · i1ch t'Vtdt·1H e vJould 0 1 Preparation of Documentary Evidence All pJrl1es grJrllcd ta11di11g 1111dt r pilrt 3 of 1hf'' c 1ulc ' ' 11 111 is con us prJctic ililr' 1ller lx rng 12 r 1nled st inrling produce to the Commis ion lrllC' t_opit s of ill Uoctn11e11t• 111 tlit'1r 1nc - ' 1on or control h 1v111g -i11v bt' 11inG on the uhject 1n 1tlcr nl tht Inquiry Doru111e111s111 I hi• 0 po · t'' 1n11 or control of 1 p 1i-ty th 1t Ztl ' 1lrezid in the pOs' - io11 of 1hf' Con11n1 · 1011 · Ii ill IH· l1· 1l'd Jut need not lie prodllrt'd unlC'ss pecil1cJlly rriquPstcd ily the Co1nn11c s1rir1 I Jpo11 t IH· 1t·qLH t of the Co1111T11os101i pJrlit s hL1ll ilso provide nr·i1 1nals of 1 •lro 11 int docu nt'r11' 111 I IH'111HJ ' t 1nn or rontrol lor· inspl'r1H111 17 llpon the request nt 1ht' Co111111iss1on any non-pd1lil's ii 1ll produce to the Cu1111111· ' io11 l1t1e r npit of cill docun1cnl in 1heir posc _• sion or rririlrol vvhich hJve illlY bcJri11r rJ11 lh1• · 11IJjl' _l 111 -1tter of the Inquiry lloru1nt'nts 111 the possec sion or control of a 11on-r 1rtv th ii 11t' be produced u11lr' ' · pt't-d1r 1lly requested bv 11H' Con1111is' ion Upon the r •qtl l Jf Lhc Cornn1is iori ' t1cil 11011 ilr t' idv 111 lhe poc _se ss1on of the Con1111ic sion shJll be li' tt d b11L 111't d 11ol 1 1111e·- • h 111 Jl' iO provide or·ig111 il' o J 1- 'll'VJ11t Uocunl' 'il 0 111 tlH•1r pos t ssiori or control lor· 111' p ·cl 1011 I II doc111nen1_' r 'tl'1vcd liy llv Cor11n1iss1011 sli 111 IJ ' trc itt d liy the Co1111111· - io11 1' '1i11l1dt•1-1t1 tl 1 unless ind u111d 1ht y ·ire 111ade purl of lh • p11blic r-l'cord or the Co1111111· - 11i11 docs 1101 pr·Pc lude the Con1111i ' io11 frt1111 producing J docu1nc11t tu 1 putc11t1 1I v1 1itnp ' prior lo the• e· 1i111011y of Lhr 1 villll l p -1rt of the Cn1111111' ' IOll'' r1tl1 '1wi ' p dirccLs Tlii s i11vi · ti1 1tior1 nor doc' o 1L pnc lttd • thL' Co1111nis· inn lrorn d1· ltJ- i111_' ' tlch docLJtll 'lll' ltl 111•' p irlit' to this Con1rn1' c iu11 nf lnq111rv pu 'su 111l to in ' libJt'Ct tn th1 tern1s l1Hl lin11L1 1111r 'It 1 iht·d i11 r1ilc 19 bc•lov 111 1 1 c11lv or 11nn--p 11ly r1·q111r 'd to prod11c -• 1 rlor t111H•11t or dor11111ents p1J • 11 ir11 111 11il1· I ur· 17 d rJVf' or· 11urs11 1111 tn 1 ' u ipoe11 -1 01· 11111111011· 1· ' tH'd 1111dcr lhe lu1nrnr · 1r111 t·f 1·1 l11'pli1y 1 ct Citp J' J Uj ilHl JiiU cL1i1ll' 1'rivil000 ill rc' P ' l f c 11ch dnC li 1Cllt ' h -ill p1·r1d111 ' I I I I I I I I I I I I I I I I I I I I I' I li t nf Ll1f' docun1ents in resp 'cl of which privilege 1s cl 1in1cd st 1ti11g the bJ' is and rcJ'- onc for the clc1in1 of privilege The Cn111n11ssion shall dt Lcr·n1i11e wht Lhcr sirch cl Jitn of privilege i· JU' 1tifietJ 20 Vherc privilPgt is cJ iin1cd under rulC' 19 the Con1m1s ion c ll ill not disclose inv disputed rlocun1ents to the other parties but n1 1y vi th Lhe Jssistance of 1hP p 1rty or non-pzirtv cl iirn1ng privilege prrparc und produce J su1nrn 1ry of Lhe docu111ent I I C Witness Interviews and Disclosure 21 a The Co1nrnission with or without lhe Jssistuncc of Com1nission Counsel 1n iy interview persons believed to have information or docurrients bearing 011 the subject n1otter of the Inquiry The Con1n1iss1on 111 -iy choose whether or not to lttf'nd an interview and Co111n1ission t o1111sel shall provide the Co1n1nissio11 wi1h a tr 1nscript or report of ill interviews conducted in its absence b Persons interviewed by Con1n1ission Counsel mLty choose to have lf'gal counsel present tluri11g the interview but are not required to do so c Persons whose interview is requested by the Cornmission or Comrnis sion Counsel shall answer all relevant questions and pi-oduce any relevant documents I I 1 I d A subpoena or surnn1ons tnay be issued if the person to be interviewed requests one or if the Comn1ission or Commission Counsel deems it prudent to co1npel the lttendance of the person 22 Where the Co111mission or Cornmission Counsel detern1ines that a person who has been interviewed should be called is i vvltness in public hearings the Comrnission may cause a tatement of the witness's anticipated evidence or a transcript of their interview to be prepared a11d may provide i copy of this staternent or the interview trJnscript to the witness before he or c he testifies in the heJring Aftf'r the staterr1ent or transcript has been reviewed by 1he witness copil'S shJll be disclosed to any relevant pJ1·ties on their undertJking to use it only for the purposC 's of the Inquiry ind on the tern1s described in rule 23 below I I I I I 23 Where Comn1ission Counsel detcrn1ines that it is necessary for a person who has been intP rviewcd to be called 1s 1 wi1npss in public hearings Co1n1nlssion Counsel m iy tender the witnes i staternent or t1· 1nscript t o tl1e Con1rnission at he heari11g ind th Con1111i ision rnay considl'r the inrorn1 ilion in th ' witness statcn1C'nt or 11· 1nscnrt wh ll n1ziking its fine-ii finrlingc concluc ions u11d reco1nn1cndations J Where the Co1111nissio11 or Comrnission Counst I lni·ervtr• vs i pl rso11 and decid '' not 10 r -ill th it pPrsnn tn les1ify 1t the public l1c arinr s Con1n1ission Counsel n1 1v provide 1t•li v int p 1rties 1 vilh a t1·J11' r1pt of thf' int1 rvif''vV if c1vc1i able Lh rt l 'V Jlll tif 1 sunun -11·y uf inior111zition p1·ov1ded hy th 1t pt'r' o11 A pJ1·1y 1n 1y 1pply to the n111n1iss1011 or pcrrnis oion ln call c111y pt't· on 15 c w1L11css nr for la i d1rect1on that thJI- pc1·son Ui -1 culled JS 1 witness tJnlPS ' 1 hc Con1n1issio11 orders o1hc1·1 visP all rclcvan1 non privileged docu1n 11Ls in the possession of the Con1n1issio11 ' h ill be disclosed lo the p 1rtif'' 1t 1 ti111P rcJsonzibly in Jdvilnr c of the 1 vit11ess interviews 1nd or puUlic he irings or 1 vithin u i PJ' onablc • lim ' or I hl dor u111c11ts becon1ing ilVJilJble to the Cornn1is'iio11 f3pforf' tlil Sc docu111Pll1' cn·e provldf-'d to a pJrty 01· a 1 vitncss the 1 vit nl'SS 1111 t U u11dertake to u' ic lhese docu1ncnts 011ly for the purposps of he inqt1i1·y to keep t·ht ir contents confidenti -il to hi1nself or hPrsr lt cind their Counsel before thr Co1n111i s1on t111IPss J11d unlil tho ' £-' documents h ·1vt' been c idtnl11t d into evidence during J public ph isc of the Cotn1nlssion of lnriui1·y and to ihide by such rcs1xlctions on disclnsure zind dissen1i11 1tion JS Lhe Co111111isc io11 considers ippropriate c II docun1 -'11Ls provided by th1 Con1n1is'°'ion of· 1nqu1ry to parti1°s zind 1 ·vilnt ss1- s und vvl1ich huve not b1-'en ud111itted into evidence during i public ph isc ol lh Co1111111ss1on of Inquiry ind Jll copies 1113de of such documents sh Jll be 1·eturncd to tile Co111111ission - in Lile c Jse ot witnPSSE'S on cornplPlion ot their test·irnony J11d ir1 the c Jse of p irties vviLhin seven dciy' of the Co1nrnis 1on issuing its fl nil I He port d The Co1nn1is ion n1ziy upon upplic ition release any party or Co1111sel in whole or· in pzirt frorn tht provisions of an u11dcrt iking regJrding the ust nl disclosure of docullll- nts or inforinJtion D Witnesses 2' J A ' t11nn1 1rv of tht 111aterial 1 vhich dny p lr y ur person intc11d_0 to put hlofort-' ll11-' lotTirnission ' hJll be provirlcd to the Serret i1·y to the Con1rniss1011 in uccord -inrf' 1 vith such t1n1e Ii in its a 111Jy be specified by the Con1n1ission 2G IN1-1ttcn Jnd ' if ncd staU2111enl_s of persons 1111encled to bP c illcJ 1s vvitnc s' e' - silJll · in1ilc11·ly he delivered to tilt Secrctury i11 ilCC01·d 1nce with such ti111e lirllits 1' 111 1v bt' _specified hy 1he Con1111issio11 All ' uch m iteriJI sh 1ll liP providt d in both hard copy and 1n Plectro11ic for111 · vhF re possible ' I J iVitn SSC'' tll lV testily in perso11 by video link ind or by iludio link b 1Jitnes c 1 vl1n 1 stify shJll 1 ive thci1 evidence u11dcr 0 1Lh or 11pci11 dfi1·n1 1t1n11_ 2 -S Prior to giv111L ev1dencf' vJilni sst 1Nho hc1vc p1·ovided ig11Pd ' t ilt'111c11t hull IH' o 111vited to cnnfirn1 011 n ilh 1h01r 1Jri1 tcn ' 1 11 '1 1 '111' ' 1Jhich ' hJll be ilClef tf'd l' the r 1 1dt'llLl' of I I I I I I I I I I I I I I I I I I I I ih Jt pt-'r' on 111U which sli ill lie subjcf t to croso x i111in it·ion by iny inlcrcstod pJrty i1S illlowcd by the Co111mission 2l I II I I Witnesses Lire r- 11 1tled to hdve their own Coun el riresent vJhilc they tr o tify A Vitness's ounsel h 1s standing in the Inquiry for the purposes of LhJt witness's tc Li1nony 111d 1nZ1y examine the Vitness JS provided for in rules 32 and 33 10 Witnesses rn ly be called to give evidence in the Inquiry 1nore thcin once JJ i Where it consirlers It Jdvisable the Jmrnisslon rnJy issue rt su1nmons or subpoe11zi requiring a witness Lo give evidence on o Jth or Jffirrncitiun and or to produce documents or other things b A su1nn1ons or subpoena lll lV be issued in relation to i pre-t1eJ1·ing interviews conducted by the Cornrnissioll or Comrnission Counsel I I I I 12 pre-hearing requests for documents or iii Lhe public hearings The Comn1ission shall admit any evidence provided that It is relevzint to the Inquiry Where evidence is ch3llengcd or objected to on any ground the Commission shall give only such weight to that evidence as it determines to be appropriJte h lving regard to ull the circurnst l nces E Oral Examination 33 Subject to rule 34 the 01·der of ex Jn1inJLion of i 1Nitness shall be as follows a I I I I I ii The Co1n1nissic 'n or Comn1ission Counsel 111uy exarnine l·he witness i11 any st q e of tile p1·oceedings The Co1nn1ission or CotT1mlssion Counsel rnay adduce evidence fro1r1 a witness by 1N01y of leading or non-leading questions b l l1e p01r1ies who have been granted landing shJll have ln opport11nity to cross· f xzin1ine J witness to ihe extent of that p 1r1y's interest Jnd in accordance with ' uch tirnP lln1its as the Con11nission 1nay direct If pcirties are untihle 10 ilgrcc the order Df cro s-cxan1inatio11 the Cnn11nissio 11 'ih ilt g-lve directions which inu t he con1rlied with '1111ljt't't l J 1- 1111• ·14 cu1nv t'I for I ·'Jilnc ' sh 111 ex 1n1111 tlH' 1 villl1'' 1· d1rect1' I hy l_ht' c o1n1ni· 1on 11'1 irdlt ' ol vvhr'llH•r nr nol rr11111c 1'I i· 11· n rt'p1· _ 1ci1l111 11HJthc1· c p 11 ty f hL' L J1111n1 iu11 d 1L'- 'x 1111111t' lht · JI vit11c· _ 1 Cun1111ic s1011 Counsel · hall t1H'l1 li ivt' th · 1ir ht 10 p 1111i11c 01· lxccpt is othc r1 1s1 dirortcd liv tliP Co111rn1' _• 1011 th1• Co111n11• - 1un r1r C 01n111i• ' i Jn Cuu11scl 111Jy idducc t 'vidt•ncc f1- J111 1 1 · 1t1H'' ' '-if I t'r 1c c 1111111 ii 1011 hv 1 · 11ne ·v1dt'IH_t 111 rh1vf 'J cl y u t Iea d 111g or no 11-I ca ding iluri111 01· q ue t 1011· II per1n1s·_ io11 1s g a11lc'd the 1v1t111'- ' ' ii ill h1' t' 1r1111erl 111 ·-it follo 1 vi111 n1·rh'1·· Cu11n'-l'I · li ill t'1L111111li ' tht' 1 vit11css i11 11cord 11H L' vv1tl11 l1c 1 01111 -il 11dcc i' OVf't 11i11g l i till' t'x 1111111 1 i tl I n11''' 01 rvn V1tness 111 cot11t prncecdi1•1-' · u1·1it'S' utlif'r1 v1' c di1-f'Ltcd hy till ' 0111111i«· 1011 Ic I l iit' Co1n1111s·_ 1011 ' h 1ll 1_hC'n Lie e11tit leJ lo co11duct an 1'xa111111 1tin11 of the l 'Jtl ne s Id JS - ftl'1· 1 • J1t1H -'· li 1 licon - oi-n or 'Jtfirmcd it thl' ro1111nl'11cc1111·11t Jf 111' or 1 t'r- tcs111111 111v 11u 1 1111' 1'1 rJr pc1r ' nthcr than Co1nn11' sic·rl COlll ' t-·I 1n 1v ' pP 1k to 1h 1t v- 11tnt-iss -1bout 111 - 1•v•ilt'IH_l l1t' Ji · lit' has g1vt·11 1111111the1-vit11c s 11'1' r1J1n1 i 'ted 111' Ji l11cr •v1d 'i' C Cci1111n1· ' 1u11 1J11' l'l 111 1v 11ut 1Jc Jk to I he v 1tnl'' S 1hout l11s n1 h 'r 1'v1d 'f1C ' '· ht f' t l t· ' ' 1lrV s I'- bc in1 ' 1_1·n· ·i J111111ed hy olh 'r coun'_ cl er cc pt vv1tl1 tl1e pc1·1111 ' 1n11 of tiH' Co1111111 iu11 'JG I V·Jh1'1 ' 11lc Co1nrr11s s1011 llas ind1cutccl th -11 1t ' h -111 1101 l1e c 11i111r' -1 pc11-tic11l 11· wi11n'c r lo tP l1fy it lllc pulilic hc 1rings 1 pJr1y rn 1y 1pply trJ th ' l-i 1n1111s 1n11 111d 1-cq1H l I h il 1IH· ' 'Jit1H i c c 1llt'd to give evidC'ncc' ·Vht'll' tht Cu111111i 0 ion 1s itic fi _-•d thcit the 1-v1tl11 • '· lt ' o1i1n lllY i· rcqu11t'd tlii ' Ii I h 1t lhe w1lr1css be cJlled in 1 AilliLh i r' 1d i -1ppl1l'' or 111dy 111 _1' v th r1· -1111'· 1i11r 11 11·tv to c lll 1h ' ' '-ntnc•s' J11d «dd1i t' 111· 11r i 'I 1·vid 'ncr' 111 lii f in l o111t111' · 1nr1 r11 ·1v dirr'ct ' lti Ii Id ' f tdt' l lll llit ' I I I I I I I I I I I I I I I I I I I I I F Use of documents at hf arines 37 f3efore u witness lPslifies it the Inquiry the Com1nission n1ily vvhere pr icticable a11d qipropriJtc provide thr witn£•s_' J11d the rzirtiPs with J hinder hunLllP or -i list of i-hoc t- docurnenls that Zlre likely to IJP referred to during the witness's teslirnony J8 Without the pern1ission of the L o1nn1ission no rlc cumcnt shJll be used in cross- exan11nci tion or otherwise except copies of the docun1ents h 1ve been provided to the Co1r1n1ission in J timely rnLinner pursuant tn Rull' JS lnd JD I I I I' I I I I I I I I G Access to hearings and to the Evidence 39 Subject to Rule 40 the hcuring re1erred to in Rule 4 will ordinJrily be open to the public The press television and rublic r idio broudcJsters shall hJve Jccess to the hearing at Jny tin1e subject to Rule 40 below The Commission 1n y direct that broadCJ'itlng be suspended at any tirne in the interest of Livoiding disturbunce to the proceedings 40 VVhe1·e the Cornmission is or lhe opinion that it is necess Jry in the interest of the rna1ntenance of order or the proper ad1ninistrJtion of j11stice or the due conduct of the Inquiry to e clude Jll or any members of the public f1·nn1 the hearing roorn il mJy Jfter hearing submissions frorn interested parties direct thJt such part of the heJring as it dce1ns 1ppropriJte be conducted in the absence of the public or on such terrns and conditions JS the Coinmission may direct 41 1' rplications fron1 witnesses or parties to condurl ziny part of the hearing in the absence of all or any n1e1nbers of the public 1nuy be made verbally or in writing to the Comn·iission Jt the e irliest possible opportunity 42 The transcripts 1nd exhibits f1·orn the hearings shall be nicidc JvailJble JS soon Js pr lctrcJble for public vicvving and to the riarties Jnd the public Transcripts of any part of the heJring helrl in the absence of the public pursuant to R11 e 40 Jbove n1ay be n1Jde Jv iilable tor public vievving on such tern1s JS the Con11nission 1nJy direct if Jfter hearing the evidence and Liny subn1issions the Comn1isslon concludes thJt it is in the rublic interest to release these tran' rrip s PART 5 Opening Speeches 't S The Cn111n1ission 111 -iy invite p 1rlics or I heir Counsel to n1 ike op1 11ing ' peeches he orl I he ron1111cnc0rn nt of thP lPs1 i1nony of witnesses Jnd on su h tern1s Lind conditio11s i11cludi11g tirne li1nils JS lht Con1n1i s1n11 tn iy d1rrict PART G Subn1issions II cuu11sol 111Jy rnilke ' 11b1nissio11s JS dif'eCLf d by the Cnn1n1ission ' dllJJPCl t0 i11v 1t ' tr1ct1ons t l1at thP Corn1nis 1n11 dccrns 1pprnpri 1tc 0 4'J The Conirnic sinn shJll d1rt'c1- 1 vhl 11 subn1is' io11' 11· lo be n1adc lnd -vhcthc1· tllf i1rc to 1 i f' 1nZldC 01·Jllv and or in 1 vrit111g PART7 Amend111ents to the nules 1G These rules 111Jv Jr 1111e11ded ind new rulPs 111ay be 1ddcd 1f lhf' Con11nissio11 c 11siders 1t 1dvis ilJIP to do so ir1 orde1· Ill fullfil its n1J11date z ind to ensure thz it the Inquiry 1' co11d11ctf'd L111·ly thoro11ghlv 111ct with 1ppropri 1tf' tr insp ircncy PART 8 General 17 The Co111n1i ssiun 111dy 111 any circun1st i11ccs i11 1 vhrch rt shall s1 e fit t'xte11d or il1i-idf' C I he time ippointcd by the 811lcs or f'ixed by iny 01-dcr or dirPction of lhl' C nn11nis• ion for do111c -inv dCt ur tcJking iny ' tpp in this Inquiry is iVhere ill zinv · t 1r e in the course nf 01· 111 connection with this Inquiry lhC'1-c hzis liv rl'Json by 111ylhinr done or left undoni hcf'n zi tc iilt1r to con1ply 1 vith the 1equirctll 1 111 s f these f11iles or 111y order or direction of the Cn1n111is' 1011 'Jhcther 111 1 1--'-' f C'Ct oi lirne pl Jee 111an11t'r for111 nr ro11tt nt or in 1ny othc1· re pc ct the loilurt 1 11·1- eul 1·ity tnav IJ2 and sh ill not 11ullify uny r tf r taken 111 thi s Inquiry or 11-eL1led 1s a n1ere 111y dnc111n1 111- urde1- _-1r r lir·cctlon T Ho Con1n11ss1on rn iy on such tr ri11s 1S il 1 hinl ' just liv ordr 1- e --cll'11d u1 1bridgc 1he fll riud 111 v1hich -1 pp1·_' on is rPquirl'd 1utl101-1 cd bv these l ul1' or IJy -111v n1·der ur 1 dircclior1 lo du any Cl or talcP iny step rn t·his lnquir·y 2 Thr' Co1111nis ion n1ciy extend any 1ieriod is 1s ref 1·1· d ln in s111J 1-ult I 1lt•1-r ot ilthough the ·1pplic it1rin for xto n»ion is 1101_ 1n 1clt' 11111 il 1fter the cxpir 1tion ol - -h 1t 1J ririrL 'j _ h1 1- ' tile ti111c prc sctib •cl hv these ulcs or 11 V urdc1· O d111'cl1n11 of lhl' Co1n111i' 1nn r dni11g c111y 1cl nr t·c-il i11f ' 1nv 'ilr p Pxpirt s 011 s 11u1d v S1111d iy or -11-1y otiH'r d 1y 1111 _ ·llirh lhl' Scc1· t_ 1ri it i cki• i'd 1nd by rr ic nn tl1er ol h -1l ill or - lC'p c 11111nt he do11t- n11 tli 11 d ·1v tiH--' 11-1 or 1r p h ill be i11I1111 ii done u11Ihe111- xt tL1v 011 vJli1ch I lie SccrL'L11 id r u H 1i I I I I I I I I I I I I I I I I I I I I I I ·------ 51 No step or act under these Rules or any order or direction of the Comrnission shall be invalidated by any formal defect or by any irregularity unless an objection is made to the step or act before the Commission and the Cornmis ion is of the opinion that substantial injustice has been caused by the defect of irreeularity and that the injustice cannot be ren1edied by any order or direction of the Comn1ission 1 Notwithstanding Rules 33 to 36 inLlusive hereof the Con1n1issiuners or any one of them 52 may ask any ciuestion or seek any clarification of any witness at any stage of the Inquiry l1 53 Subject to the Commission of Inquiry Act Cup 19 03 the Commissicin may act without regard to technicalities and legal forn1 and shall not be bound to follow the rules at evidence stlpulcited in the Evidence Act but the Commission may inform itself on any matter in such niannE r as it thinks just and mciy t ike into nccount opinion evidE nce ind such f icts is it considers relevant und materiu but in any such case the parties to the Inquiry or any one of the1n shall be glven the opportunity if they 5o desire of adducing evidence in regcird thereto I I I I I I I I I I I I 54 The Commission may require evidence or argurnent to be presented in writing and rnay decide lhe n1atters ln which it rnciy hear oral evidence or argument 55 1 Where the Commission acting pursuant to Section 10 of the Comrnissions of Inquiry Act Cap 19 03 sumrnons any person who in the opinion of the Commission is cible to give such information as it considers necessary the Commission may in its discretion and subject to such conditions It m iy impose disclose so much as it thinks flt of the information so f roduced or made avail ' lble and the Cornmission may also prohibit the publication of any portion thereof 2 Where the Commission exercises its power to summon a person to give inforrnation under sub-rule 1 hereof the Con1mission may direct thnt all or any p 1rt of the informiltion requested be disclosed in camPro and the Commission may enjoin any person or party privy to the disclo ure frorn disclosing any such information given in their presence and hearing 56 Commission Counsel niay be assisted from tir11e to tinie in the interviewing und recording of statements from ariy witness or potenti il witness by in investigator or investigntors Issued by the Chairinan on behalf of and v 1th the concurrence of the Commissioners this day of April 2014 2-2-· '1 - Printed Veri Jatiin Rcnorl Vitncss Index IIEARING 'fRANSCIPT DATE NAME TRANSCllPT PAGE II SESSION I Mondav 28 04 2014 Lesile Julncs 22-68 First session rweek One 2 29 04 2014 Lawrence Edward Rodney 1-48 First session Week One 29 04 2014 J aren DeSouza 49-92 First session Week One 30 04 2014 Rev Ruben Gilberl 1-79 First session Week One 02 0512014 Rev Ilubcn Gilbert 2-29 First session rweek One 02 05 2014 Lawrence Edward Rodney J0 99 First se3sion Weck One I Lawrence Edward Rodnev J-56 Second session Tuesday 2 Tuesday 3 Wednesda- 4 Fridav 4 Friday 5 Tuesadav 27 05 2014 5 T11esdav 27 05 2014 ' Eusi wayana 56- 73 Second session rweek Two 28 05 2014 Eusi Kwayana ' l-68 Second session Week Two 1 Thursdav 29 05 2014 Eusi J wayana l-91 Second session tWeekTwo 8 Frida 30 0512014 Eusi J wayana 3-112 Second session Weck Two Eusi J wayana 1-78 6 Wednesday 9 02 06 2014 ' Second session Week Three Monday 9 02 06 2014 lO OJ 0612014 79-l 10 Joseph Halnilton 5 132 Second session Week Three 1-196 Second session fWeek Three Second session Week Three St cond sessinn Week Three ' Tuesdav II 04 06 20 4 Joseph Ha1nilton Wednesdav 12 Second session Weck Three• Josepli Ha1nilto11 Monday 05 0612014 Nonnan Mc Le1111 2-143 13 Frida 06 0612014 Allan Gales 2-95 14 2 06 2014 Allan Gates 4·117 Third session tWeek rnurl 24 0612014 Allan Gales I· 1 8 Third Session Week I'our Thursdav Monda 15 Tuesday ' _________ ----1 I - j- -J- - s-d- y-_ ---_- _-s - -G- 2 _1_'_ _- __r_ _'_ '_ _o_gt111s_ _ _ _1 l___ -1 %--I ' - l i V ' Gerald Gouveia 26 06 2014 17 - -r 18 Fridnv 27 0612014 I I I ' 19 Vlonday I 20 30 06 2014 --- I I i ' 107 2014 _ _ c -' I 21 02 07 2014 -- I 24 I' TIH1rsday '' f----· i I' Third sessiun I- Vcck I 'third Session leek Five I Fourth session Vlcek Six Fouith session Verok Six 2-67 -31 07 2014 1 I J l akohn Rodrigues 04108 2014 I 5-97 ' Tueu1I a Ogtmseyc '' ' Kare11 Desouza -22 ----- --· 26 Tuesdav 0510812014 n 06 08 20 l 4 1-10 Cargill Kyte -- --- ·- --- --- - I Leslie Ja1nes --·-- Wednt sda ' ·--·---- ---------- ' 07 08120 4 29 Mondav 25 0812014 30 26 08 2014 I Leslie Junies I ---- Leslie James Sydney James Sydney James Tucsda I 2·68 1-8 1-96 1·106 -------- I Wednesrla · 27108 2014 2 28 08 2014 Sydney Ja1ncs 1-135 - l'oa1ib sessiPn '111eek Seven I' Fourth session Week Seven 1'0111th session _Week Seven 11-92 --------· ---- Fotirth session 'eek Six Fourth session 'eek_ Seven 23-138 -- 05 08 2014 I - I ' ' '' - ---- ' Fourth session leek Six2 70-89 Sydney Jmnes ------- 26 1 I 5- I 0 Cargill Kyle - TucstfaV ·' - -- 04 0812014 25 tonday - 30 07 2014 28 Thursday Third sessio11 Vcek Five 3-101 ' 'eek Pour -- 1-120 -----·----- 23 Wcd11csday 25 ' Pr1trick West 30 07 2014 21 Third Sessiun 1 cslm a 1-- - --JOJ Tacu111a Ogunseye Vcd11estlav t tonday Dr Nigel i Tues lav ' D1 NigelWI I 29 07 2014 I I I 0·93 I ' 22 II I f---- - Vcdnestlny I Gendtl Got1vei11 ThirdSessiun ----- ---l Veek Foll ' lr 8 Thur da I Fuurth sessiun Veck Seven -·-- Fou1th session Veek Seven Firth session Weck Ei ht __ _ Fillh sessioll ---·-- --- cWc' ' ' 'iogchi Fifth session - - - - - - - - - - - - - - - - -- V 'ekEi--8 _ _ _ _ l j _ 1 Sydlley James Thursdav - - - - - - - - - · 1 - - - - - - - ----32 Thursdn ' 28 0U 2014 Father JVlalco1n Rod1ig11cs 1-56 Fifth session - - - --- - 1 1 _- _- _kQ_g_l __ __ I I I I I I I I I I I I I I I I I I I -· i ' ' - 33 29 08 2014 Jocelyn Dow 2-111 20 10 2014 Dr Patricia Radney 1-54 Friday 34 Sixth Session 2 10 2014 Dr Patricia Rudney 1-128 Sixth Session I eek Nine 22 1012014 Leslie Ja1nes - 19 Sixth Session Week Nine Tuesdav 36 Wednesdav Fifth session Week Eight Week Nine Mondav 35 ' 23 10 2014 Thursday llOLIDA Y 37 Friday 24110 2014 Leslie Ja1nes 2-114 Sixth Session Week Nine 38 Mondav 27 1012014 Leslie James 1-121 Sixth Session Week Ten 39 28 10 2014 Dr 01nawale 1- 10 2911012014 Dr Oinawale I-5015 -54 Sixth Session Veek Teul 29 0 20 4 Nir111al Rohit Kanhai 50- 29 54-133 Sixth Session Week Ten 41 Thursdav 30 1012014 Ninnal Roh it f ankai 1- 14 Sixth Session Week Ten 42 31 10 2014 1-l 14 Sixth Session Week Ten Tuesdav 40 Wednesdav 40 Wednesdnv ' Trenton Roach Friday 43 3 1112014 Monday Justice Charles R Ramson 1-126 Sixth Session Week Ten Sixth Session Week Eleven I 4 11 20 4 Justiqe Charles R -Ramson 411112014 Ras Leon Saul 64-120 Sixth Session Week Eleven 5 11 2014 Dr Nanda Gopatil 1-180 Sixth Session Week Eleven 6 11 2014 Dr Nanda Gopat1l l-126 Sixth Session Week Eleven 7 11 2014 Dr Nanda Gopaul I -94 Sixth Sessio11 Week Eleven 26 0112015 Allan Robe1t Gates 3-94 Seventh ession Week Twelve 49 Tuesdav 27 01 2015 Allan Robert Gates 4-87 Seve11th Session VeckTwclvc 50 2810l 2015 Mark llritton 5-53 Seventh Session __ W k__ velvel_ 29 01 2015 Dr Nanda Gopaul -49 Seventh Session 44 Tuesday 44 1-63 Tuesdav 45 Wednesdav 46 Tht1rsday 47 Friday 48 Monday ·----- Wednesdav 51 Sixth Session fWeek Eleven u J y i lj ---__ _ _ _ - --- ---·--· WeekTwolce 51 2l 0112015 Thur JiiY I 'j_ 1--___ Clemt nt Rohcc JU 01 2015 52 -1 -- _j I I 51____ _________ Do11alrl Rodney 1-98 I Seventh Sessiun Weck Twelve Seventh Session V ek Twelve Fridny I I 1 54 Tuesda I '°__ __ ___ -- --0-- 0--2-- 2__0__1__5____ --c-- -- -- -- __ __'__ 11 02 2015 11 Ca1nera Vitne8S one 55 11102 2015 In Can1c1·a Vi ness rwo 56 13 02 20 l 5 56 lJ 02 2015 _ 1'_ild y____ - - - - - - - - l • ' 11-58 I In Ca1nera Witness Three 16102 2015 Eigli h Session Veek Thiitcc1 2_ __ 9-84 Eighth Session Veek Thirlee1 il_ ___ _ 1---· - --1---- ---- Clement Rohet Eighth Session 19 3-147 Eighth Session IWeek Fourtet n l 58 7 02 201 Holla11d Gordon 2-122 Eighth Sessio11 '---'T_ 000 d ' ---'-----------'----'y'' cw o o d _____j___ _ _ _ _ _ -----r' ---' cW e e _ Fourteen 59 Wedncsda 8 02 2015 611 Thursda 19 02 2015 _____ _1 1 __ Donald Rodney ----- - - - - - - - Thursday 9 0 2015 Doual l Rndney Site vl it Vinyak Bandon Surveyor 60 19102 201 S Donald Rodney I 5-46 2-65 Eighth Session Vcek Fourteen Eighth Session Veek Fourte - l__ Eighth Session Veek Fourletm Eighth Sessioll '-- 'l h o d0o '--l------------'---------- --- -------l- cWc'c'ck fourteen 61 20 02 20 I 5 DonalLI Rodnt y l-126 Elght i Session Veek Fourteen 62 Monday 23 0J 2015 Donald Rodney 2-72 Ninth Se sion Week Fifteen 63 Tuesdav 24103 20 I 5 1 n11e Wager Frid y J __ Eighth Session ---------l----'W_ occckTh i rt eo - 111 Can1en1 Witness one retun1s 60 _Ji 5-36 G-9 Eighth Session --------- ---- _ Veek Thirtt'cn --------i------ -- Frida 57 Monda Eighth Session -------- ---'-'W 'e r k Tl1irteett - - - - - - - - __ Vicek Thi1teen 1 55 Wednesda _ Vcdncsday l 1-10 1 0910212015 64 25 0J 2015 Vednesd '·'-'L__ _ ---------- 65 Thursda 26 03 20 15 66 Fri lav 27 0312015 6G FriLlilY 2 7 03 20 J 5 Ninth Session Veek Fifteen Anne Wager l-134 Ninth Session Week Fifteen Anne Wngc1· 1-111 Ninth Session Veek Fifteen ----------r----I -1·1 _ __ _ _ _ A__ __ __ e ---1 Ni11th Session Veck Fifteen I Nii1th Session Week Fifteen _ Sgt Adams I I I I I I I I I I I I I I I I I I I I •I • I' ' • ' ' OFFICE OF THE PRESIDENT ' Shiv Chonde oul Drive South Rood Georgetown Guyana i_ September 23 2014 ' I' ' I' I • •I I I I __ Sir Richard Cheltenham KA QC PhD Chairman Walter Rodney Commission of Inquiry Supreme Court Building South and King Streets Georgetown i ' Dear Mr Chairman Re Extension of the Life of Commission of Inquiry I had earlier extended the life of the Commission of Inquiry which you Chair to' September 30'h 2014 I Based on advice provided to the Office of the President I write to inform you that I have decided to extend the life of the Walter Rodney Commission of Inquiry o 31 January 2015 ' Yours sincerely · l r Donald Ramotar President '' f I ·-----------------···--- ---- 1 MINISTRY OF THE PRESIDENCY Vlissengcn IZond I ' I' I I I I I I I I I I I I Bourd 1 GeorgctO VJl Guyana i July 8 2015 I Sir Richard Cheltenham KA QC PhD Chairman Walter Rodney Commission of Inquiry Suprc1ne Court Buildir1g South and King Streets Georgetown Dear Chairman Re Extension of tl1e Life of the Commission of Inquiry I have been advised that the life of the Commission of Inquiry Vhich you Chair was extended to March 31st 2015 by former President Donald Ramotar my predecessor I write to inform you that based upon the advice provided to my office for an extension of the life of the Commission I ha 'e decided that a final extension is to be granted to the life of the Walter Rodney Commission of Inquiry to 30th No ember 2015 1 The Commission is 11ereby directed that it shall render its report findings and recommendations to the President 1thin the specified extension of the life of the Commission The extension of time granted hereof shall be effective from July 27 2015 Yours si11cerely David Granger President Co-operative Republic of Guyana R'r •cr· v c · Oli eh f of Vi ' '• - 0 t l i £ ir tt s - ' i a c --Signr - -r - 0 Dal rJO 'J 2 11mc ••••• ••• • I ·• • ' I' • •I •• I I I I I I I I THE WALTER RODNE1 COMMISSION OF INQUIRY Suprerne Court Library Building Upper Floor Suprerne Court Carnpou nd South and l ing Stre ts Sir Richard Chelte11ha1n A Q C Ph D · Jia nta11 Georgetoivn Guyana Ir Seenath Jairuni S C · Mentber 1'el 592-227- 7729 Ms ar-queline Samuels-Brown Q C · Me1n ier E1nail walterrod ne 'Secriita rial@g1nail co111 i July 17 ' 2015 His Excellency Brigadier Rtd David A Granger President of the Co-operative Republic of Guyana Georgetown GUYANA Dear President Granger My fellow Commissioners and I very much look fon vard to paying you a courtesy call when next we are in Guyana and congratulating you on your recent victory at the polls and your subsequent elevation to the high office of President of the Cooperative Republic I have received recent instructions from the Attorney General the Honourable Basil Williams He has in effect directed the Commission to conclude the Rodney Commission of Inquiry after tw-o days of further public hearings de oted to receiving closing submissions and thereafter to prepare our Report by November 30 ' 2015 1 I was careful to point out that the decision though clearly understood and appreciated has serious implications for a the thoroughness of the report in that important witnesses not yet heard could contribute evidence relating to some aspects of our Terms of Reference not sufficiently explored and addressed and b the fairness of the report as persons who have not testified but who have been adversely reflected upon in the course of the testimony of others 'Will not be afforded an opportt1nity to resist refute or explain away the adverse comments Resulting from the above the report or some of its findings may lead to challenge in the court Notwithstanding the foregoing the instruction to complete the Commission in the prescribed manner and within the time frame indicated will be honoured 2 I ' ' I' I I ' ' '' '--- -2- July 17' 2015 1-lis Excelle11cy Brigadier Rtd David A Granger Preside11t of the Co-operative Republic of Gttyanu I ' ' '• I • •I I I I I • We fully appreciate the extent to wl1icli v e as Co111mis 1io11ers arc subject to the directive of the Executive But I thougl1t it responsible and prudent that Ve formally draw to your attention the extent to vhich the directive recently given vill impact on the fairness and thoroughness of the re1Jort vl1ich Ve have bee11 asl ecl to render Please accept the assurai1ces of our 11ighest consideration Yours respectft1lly I I I I S chard Cheltenham K A Q C Chairman I I c The Honourable Basil Williams Attorney General Ministry of Legal Affairf I Mr Seenath Jairam S C Co1nrnissione1· Mrs Jacqueline Samuels-Brown Q C Con1missioner Mr Hugh Denbow Administr ltor I I ' I r THE WALTER RODNEY r r I 'I· I I I I I I COMMISSION Ol INQUIRY Suprenie Court Library Building Upper Floor Supreme Court Cornpound South and King S1reet Sir Richanl Cheltenharn K A Q C Jl 1 D • Chairif1an Georgetouni Guyana Nlr Seenath Jairam S C · Mem ber Tel 592-227- 7729 ills Jacqueline Samuels·Broivn Q C ·Member Email walterrodn e_ysec reta riat@2 g1nail co111 November 5th 2015 COf His Excellency The President The Cooperative Republic of Guyana 1·0ff1ce of the President Georgetown ' II I I GUYANA ' Dear Mr President As Chairman of the Walter Rodney Commission of Inquiry I write to seek an enlargement of time within which to submit the Report of the Commission You will recall that November 30th 2015 was set as the date for the submission of the· Report However for a miscellany of reasons ranging from the sudden death of my sister ·i' in early August to demanding professional commitments some of which arose suddenly I on the part of my fellow Commissioners as well as myself the Report is not yet ready I 1 am to report however that progress is being made and we are all committed to having the Report concluded including printing and binding by February 29th 2016 1 1 I should indicate that in moving to February end we have taken into consideration that the intervening Xmas season will mean in effect that the period of mid-December to the end of the first week in January will be one of lo' r productivity That is consistent with j tradition 1 I I I I I I We the Commissioners are all committed to using the period as lJroductively as we can in relation to the Report writing but in so far as we are dependent on staff we cannot ignore the effect of that period We look forward to your favourable response Please accept the assurances of our highest consideration Yours Respectfully 12 JJ 'Gilo-ffichard L Cheltenham K A Q C Chairman h D Justitia nemini neganda esf' Justice to be denied to no one j ' I I I -- -----------·------- -·---· ' _ ' •I J l I I ' lSl'll ' 0 F 'l'l 11 l-'I l SI ll l N r ' ' ' l'tlf t'll lto 1d H•Hll 11'1 i 'UI f ' 111 II C11 1· 111 1 ' I 2015-11-23 •• I Sir Richard L Cheltenham KA Q C Ph D Chairman The Walter Rodney Commissio11 ofE11c1uiry Supreme Court Library Building Upper Floor South and King Streets Stabroek Georgetovm c • ••I L I I I I I • Dear Sir Richard '' Than you for your letter of November 05 2015 You will recall that the Walter Rodney Commission of Inquiry was established on the authorit ' of the President of the Republic on 6th February 2014 and members of the Commission were svvorn in on 25th February in Georgetovvn twe1Tt 1-one n1onths ago The Co-operative Republic of Guyana has planned an intense programme of public activities during the first half of 2016 These include the conduct of Local Government Elections and the Celebration of the 5oth Anniversary of Independence c I regret to inform you therefore that your request for an 'e11largement' of time within which to submit the Report of the Commission cannot be extended beyond the 15th December 2015 Yours sincerely l 1 1 1 David Granger President of the Cooperative Republic of Gu 'ana c c Hon Basil Williams M P Mr Seenath Jairam S C Ms Jacqueline Samuels-Bro TI Q C ···· ----·· I THE WALTER RODNEY r r I 1 I I I I I I I I I I I I I COMMISSION OF INQUIRY Supre1ne Court Library Building llpper Floor Suprenie Court Canrpound South and l ing Streets Georgetauni Gu_rana Tel 592-227- 7729 Email walierrodnPysecretaria1@g1nail ca1n Sir Richard Cheltenhani l A Q ' Ph D- Chainnan l'vlr Seenath Jairarn S C - l 1eniber Js Jacqueline Sarnuds-flrawn Q C - I Jember December 7th 2015 His Excellency The President The Cooperative Republic of Guyana Ministry of the Presidency Vlissengen Road Boarda Georgetown GUYANA '' Dear Mr President Your letter of November 23rct 2015 in response to my earlier communication or · November 5th last was received by courier at my Chambers earlier this month - ' December 2nd_ It effectively gives us twelve 12 days within which to submit the ' Report of the Walter Rodney Commission of Inquiry After consulting with my fellow Commissioners I am to advise that though we have made appreciable progress in preparing the Report it will not be possible to have it ready for submission before January end 2016 We note your programme of activities planned for the 5Qth Anniversary of1 ' Independence and would not in any way wish the Report to detract from the public's I enjoyment of or concentration on the celebrations That said however we will not be able to complete the multiple steps necessary to produce the Report within the timeframe given I should add that we suffer in the preparation of the Report from the fact that we are located in three 3 different countries and we are required to agree if possible the findings to be made And it will be left to me as Chairman to read the entire 2j Justitia nemini neganda est' Justice to be denied to no one I I I I I I I I I I I I I I I I I I I -2- December 7th 2015 His Excellency The President The Cooperative Republic of Guyana manuscript in draft to ensure that there are no unnecessary· overlaps or significant ' omissions In addition it will be necessary to have the Report printed and bound before presentation I feel obliged to add that I had discussed with Mr Denbow the printing and binding of the report which he had undertaken to coordinate with the Government Printery I have been unable to contact Mr Denbow in recent months and the advice reaching me is that the Commission Secretariat has been closed and its staff severed 1 I respectfully urge tl1at the Commissioners be allowed reasonable latitude consistent with the timeframe sought in putting together a not insignificant report i1 For these and other reasons arising from our multiple professional commitments it' I I will not be realistic to hand over the Report by December 15th 2015 ii I urge your understanding of the constraints set out herein and assure you of ou ' ' highest consideration I ' Yours Respectfully Sir Richard L Cheltenham K A Q C Ph D Chairman I c c Hon Basil Williams M P Ms Jacqueline Samuels-Brov '11 Q C Mr Seenath Jairam S C • Jus1i11a nemfnfncganda est Justice to be denied to no one I I I I I I I I I I I I I I I I I I I I I 'I I I l llNJSTll 7 01•' TI-ll l'll IESillENC ' 'lis enge11 lload l ounL1 Gcor ' Cl l 1·11 1tya11n 2016-01-06 Sir Richard L Cheltenham KA Q C Ph D Chairman The Walter Rodney Commission of Inquiry Supreme Court Library Building Upper Floor South and King Streets Stabroek Georgetown Dear Sir Richard I Thank you for your letter of 2015 11 05 I did reply' to your letter of 2015 11 05 pointing out that the Walter Rodney Commission of Inquiry had been established on thel authority of the President of the Republic on 6th February 2014 and members of the i 1 Commission were S vorn in on 25th February in Georgeto'V '11 ' Thank you also for your letter dated 2015 12 07 to which a response dated 2015 12 16 was sent indicating my inclination to agree to your request for an extension of time to complete the Report I now wish to confirm therefore that your request for an 'enlargement' of time within I which to submit the Report of the Commission has been granted I agree to thel i extension of the time to 2016 02 06 Yours sincerely David Granger President of the Cooperative Republic of Guyana i' I c c Ho11 Basil Vlil1ia111s M P Mr Seenauth Jairam S C Ms Jacqueline Samuels-Brov 11 Q C Mr Christopher Ram 20 J N 2016 I --------··· ·1 _ _J