Henry Greene should have been dismissed, not charged- sources
|Written by Denis Scott Chabrol|
|Sunday, 12 February 2012 17:17|
Jamaican and Guyanese investigators did not find sufficient evidence to prove a clear case of rape against Police Commissioner, Henry Greene but they had recommended that he be dismissed, according to well-placed sources.
At the heart of their position were several inconsistencies by the 34-year old woman who has accused him of rape. Among the inconsistencies, Demerara Waves Online News (www.demwaves.com) was told, was the duration of the sexual intercourse ranging from 45 minutes to four hours.
A hearing into court action brought by Greene to block police from charging him for rape is scheduled for February 20, 2012 before Chief Justice Ian Chang.
The source noted that the investigators recommended that Greene be removed from office because of indiscretions while being the Police Commissioner. The team frowned on the fact that he had sexual intercourse with someone who had gone to him for assistance. At the same time, the varied accounts by the woman did not provide the team with a clear-cut case to support her allegation of rape.
The constitution provides for the removal of a Police Commissioner if he or she is deemed unfit to remain in office. Greene has already reached retirement age.
The Guyana Association of Women Lawyers (GAWL) and the opposition Alliance For Change (AFC) have said that by Greene’s own admission he should no longer remain in office. The Guyana government has also expressed concern.
Greene, in seeking a High Court order to block police from charging him with rape, has already pointed out that his lawyers have not seen all the statements that investigators have obtained from the woman.
The Police Commissioner wants the High Court to quash the advice by the Director of Public Prosecutions (DPP) that he be charged and block Acting Police Commissioner, Leroy Brumell and Assistant Commissioner, Seelall Persaud from charging him.
Other sources say the allegation by the woman might have stemmed from Greene’s failed promise to assist the Victoria, East Coast Demerara-based woman to complete construction work on house where he had taken her after what he said was “consensual” sexual intercourse with her at a city hotel.
A team of senior Jamaican police officers had visited Guyana to work along with their local counterparts in conducting the investigation. Greene remains on special leave.
The Police Commissioner, himself a Caribbean-trained lawyer, has stated in his Originating Notice of Motion that “When we arrived at her home she identified her mother who was on the verandah. She also showed me an unfinished building which she said was her own. After she identified her home he told me that she was sure I can use my influence to get back her phone to her.”
Greene wants the court to find that the DPP’s advice was “irrational, unreasonable, unfair, unlawful, unconstitutional, null and void and of no legal effect.”
“The applicant ought not to be prosecuted for the offence charged in as much as the evidential test that there is sufficient evidence to provide a “realistic prospect of conviction” was not met,” according to the Originating Notice of Motion.
Attacking the credibility of the complainant, he said she was the subject of a police investigation into extortion.
He has, however, conceded having sexual intercourse after she had told him that she wanted to meet him socially. They, according to the Police Commissioner, did so on November 22, 2011 at the Police Officers Mess and later agreed to go somewhere private.
Greene has denied having a gun in possession on that date, disputing the woman’s claims that he had a gun in his possession while at the hotel.
The Police Commissioner said the complainant had gone to him to ascertain progress in investigations into an allegation against her on November 15, 2011. She later returned on November 22 to follow up on her original inquiry and sought Greene’s intervention in gaining access to a cellular phone to acquire a number for friends in Trinidad.
Greene recalled telling her that doing so was impossible because the matter was still the subject of an investigation and that she would have to await the DPP’s decision.