Thursday, August 18, 2016
By ADRIAN GIBSON
ajbahama@hotmail.com
We are steadily becoming a country that is being ruled by persons who appear to have adopted the mindset of dictators, of the infamous Tonton Macoute of Haiti, which was a unit of the Haitian police force that was created in 1959 and used to disastrous effect by dictator François “Papa Doc” Duvalier.
Today, we hear threats of criminal libel by Minister of Foreign Affairs Fred Mitchell and now see the police being employed to arrest people for exercising their freedom of speech.
Last week, a controversial song was released by a local rapper known as Mice. I found parts of the song to be disrespectful, offensive, condemnable and repugnant. However, after listening several times, I could also hear the frustration and hopelessness of this seemingly lost young man. One could tell that he is talented, but that talent must be properly channelled.
That said, I heard nothing that amounted to a threat or a criminal offence. In my opinion, there is nothing in that song that amounted to criminal libel of the Prime Minister. As I stated on Facebook, if there is a potential action for defamation, why are the police involved? Would the defamatory lyrics in the song not fall into the civil realm and wouldn’t a law suit have been more appropriate?
I am the first to argue that though we have a fundamental constitutional right to freedom of speech, we must be conscientious, responsible and not abusive of that right.
However, the overreaching on the part of the police was intimidatory, frivolous, seemingly vindictive and dictatorial. The arrest and confinement of several men for the song was nothing short of unconstitutional. What’s more, Chief Superintendent Clayton Fernander, who is in charge of the Central Detective Unit, said on national TV that they are looking into the offences of “LIABLE” (for libel) AND “DEFINITION” (for defamation). He appeared totally clueless.
This is inexcusable for such a senior, high-ranking police officer. He deferred to the Attorney General’s office throughout the interview. So, whatever happened to reasonable suspicion, whatever happened to informing persons who have been arrested of the charge that they will face or the offence that is being investigated? By that interview, could it be inferred – from Chief Superintendent Fernander’s own words - that the police arrested several men but were not certain about the reason for the arrest?
The song and the arrests that follow is a tempest in a teacup and is seemingly representative of our politicians having risen to the stature of megalomaniacs, so much so that they are easily offended at comments that show them in a light different from the gods that they imagine themselves to be.
Were the police instructed to investigate and, if so, by whom? Were folks arrested and flown to New Providence from Grand Bahama because someone wrote words that offended one’s sensibilities?
The offence of criminal libel is designed to smother dissent and oppress. The Bahamas is one of a few countries that continue to have such a charge in its law books. This offence is favoured by dictators.
And so, given the conduct of the police, are we slipping deeper into dictatorship?
Are we seeing a manifestation of the trappings of the eternal politician, a la Robert Mugabe of Zimbabwe? Did the police get involved to artificially prop up the powers that be?
The entire country was sympathetic towards the Prime Minister and those persons named in that song. However, once the police became involved, it appeared that free speech was being overwhelmed and stamped out by force.
The response of the police to the release of this song can only be likened to throwing a grenade at a cockroach or using a fire bomb against a mosquito.
There are such dramatic inconsistencies between the so-called crime and the response of the police which, some would argue, is hardly the response of the police when crimes are committed and average Bahamians call upon them. Surely, the response of the police is more tepid in the latter instance.
So, all of this was done for a youngster who wrote socially unacceptable lyrics? Honestly though, are his lyrics much different from that of Tupac Shakur and other gangster rappers from the US? When their music is played locally, why aren’t there more objections to those songs?
Don’t get me wrong. I am not excusing Mice. The lyrics crossed the line. However, the police have now demonstrated that they have become political pawns, that they are no more than political play things jumping at a whim and most likely with instructions.
We lose sight of the rule of law when we start viewing the police as political ragdolls who are more concerned about serving politicians as opposed to protecting and serving the common man. Perception is reality. They should be so guided.
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Comments
ThomasLewis says...
This was well said from the mouth of a young man who has substance.
Posted 19 August 2016, 8:31 a.m. Suggest removal
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