Public defender asks coroner for transcripts in Genius case
THE public defender, Howard Hamilton, has written to the office of the coroner requesting transcripts of evidence in the case involving Patrick Genius.
Hamilton says he has taken an interest in the case, which was highlighted in a column in this week’s Sunday Observer by Hilare Sobers, and will make a determination as to whether there is a civil liability on the part of the attorney-general representing the government. Hamilton will be seeking compensation on behalf of the deceased’s next of kin.
Patrick Genius was shot dead by the police last year under controversial circumstances.
Last week, the director of public prosecutions ruled against prosecuting any of the policemen involved in Genius’ killing on the grounds that the cops acted in self-defence and that he would not be able to rebut that defence based on the evidence before him.
According to Sobers’ column, the Coroner’s Inquest into Genius’ homicide by the police included the following:
a) Patrick Genius was shot dead by the police in what the police claim was a gun battle
b) The deceased received five bullet wounds, none of which appear to have been fired from directly in front of Genius. Number one entered the back and exited the front left thigh; number two entered the lower right thigh and exited in lower front of the thigh; number three entered at the back of the head; number four entered to the left side of the head, with no exit; number five also entered to the left side and exited the right side of the face; bullets four and five were the fatal wounds; both had a downward trajectory.
c) There was no fingerprinting of a gun allegedly found close to Patrick Genius’ body
d) Handswab analysis did not definitively show that Patrick Genius fired a gun with either hand. There was no evidence that his clothing was forensically examined, nor was there any evidence of ballistic testing of the bullet number four (with a view to matching it with bullets fired by the police).
The DPP’s ruling has attracted flak from human rights advocates, including Amnesty International which last week called on the Jamaican government to ensure that persons responsible for killings be brought to justice
The Jamaican government, Amnesty said, should “take immediate action to challenge impunity for those who kill, be they police or civilians”.
“The fight against crime will fail if human rights protection for all is not guaranteed,” the organisation said as it argued that the DPP’s ruling contradicted “clear and compelling circumstantial and forensic evidence … and an inquest verdict that those involved should be held criminally responsible”.