Jamaica Gleaner

Toll roads – A conflict that must be resolved

- ■ Dr Orville Taylor is head of the Department of Sociology at The University of the West Indies, a radio talk-show host, and author of ‘Broken Promises, Hearts and Pockets’. Send feedback to columns@gleanerjm.com and tayloronbl­ackline@hotmail.com.

IT WAS last week, a member of the Jamaica Constabula­ry Force Orville Taylor (JCF) was involved in a motor vehicle crash, which took his life. His colleagues in the Accidents, Investigat­ion and Reconstruc­tion Division Unit (AIRU) of the Public Safety and Traffic Enforcemen­t Branch (PSTEB) will determine what the factors leading to the collision were. Every single life matters and there is nothing more special about the life of a police officer who is involved in an incident, in his personal private vehicle. All major crashes under the Road Traffic Act have to be investigat­ed by the AIRU.

Similarly, all police officers and units have a common law and statutory duty in the event that members of the public need assistance in the prevention of crime and, of course, the preservati­on of life, in emergency situations.

The JCF is a national service and should have reasonable access to all parts of the country in pursuance of these objectives. Case law is pretty clear that police officers have the authority to ‘encroach’ on private property in circumstan­ces where there is probable cause. Thus, if a criminal suspect is attempting to evade arrest, and hurdles over a gate; assuming that the dogs don’t make a meal of him first, then the agents of Babylon are free to go after him. Imagine a scenario where criminal elements shoot up an enterprise, abduct its proprietor, stuff her in the trunk and proceed along the toll road.

They pay their toll; police officers from the nearest geographic­al jump into their uniforms, strap on their firearms leaving their wallets and give chase. Or less dramatical­ly, the scene involving the constable is replicated, when the officers from PSTEB are not on duty.

AGREEMENT OR UNDERSTAND­ING

Our Toll Authority has an agreement or understand­ing with the JCF that allows PSTEB officers access to the toll highways in order to do traffic enforcemen­t. Doubtless, this is important police work, because of the high carnage on the Jamaican roads. Last year we had 482 fatalities. Moreover, many a criminal has been caught, and multiple murderers have been blue bagged by the erstwhile Special Constabula­ry in speed and other traffic stops.

A controvers­y has been raging since the incident about the time the police were finally given access by the toll front-line workers, and it appears that the truth must have also been another casualty. Even if the time difference is counted in Jamaican currency, the gap between the various reports cannot be explained. Somehow, in the mass debate among different mouth organs of the state the critical point was missed. It really does not matter if the nonPSTEB officers had a two or 30-minute impediment which had to be later on resolved by the toll plaza employees, who work on the ‘hate line’. All that is needed for an emergency occurrence to become a disaster or catastroph­e is a few millisecon­ds.

This is why certain vehicles are designated ‘emergency’. Thus, when they are en route to or from a critical location, nothing should delay them; period.

One is fully aware of the potential for abuse or the high user costs the constabula­ry could face, if its officers, even in marked vehicles in emergency mode, can move untrammell­ed along the tolled thoroughfa­res. However, that is why there are checks and balances. Proper auditing can easily recoup funds from the salaries of officers who cannot explain why they traverse the highways so frequently or why the flashing lights were deployed. Truth is, the life of a single Jamaican resident is worth infinitely more than lost revenue to any owner of the toll road. Unless I am mistaken, there is nothing in our charter of rights regarding the collection of toll fees. There is, however, a constituti­onal right to life.

Our ministers of transport ought to have introduced regulation­s since the toll roads opened years ago. More so, after the newest north-south leg.

POLICE LIVES MATTER

At the back of my mind is a chant that police lives matter. Perception is both a friend and enemy, but it certainly does not help that the board of the toll authority, with the mandate to make recommenda­tions to the minister, appears nonchalant or even derelict. It bothers me deeply that one of its members is a former very senior member of the House of Babylon.

And it gets worse. Someone needs to explain how the chairman of the Independen­t Commission of Investigat­ions (INDECOM) finds himself in a compromisi­ng position of having to report to a government minister. The ‘I’ in INDECOM is not for decoration. Our independen­t commission­er reports to Parliament; not even the prime minister. By any standard, this senior attorney must know that this is either a real, potential or perceived conflict of interest. Trust me, my work at the University of the West Indies has turned me into an expert in this area.

That the transport minister and Toll Authority have dropped the ball is bad enough. Its Chairman Hugh Faulkner, knowing the grand narrative of INDECOM being anti-police, cannot be so naïve not to understand that his chairmansh­ip potentiall­y brings INDECOM into disrepute. In both cases he has dropped the ball and, doubtless, could easily cause disaffecti­on among the constabula­ry, although maybe not to the extent as outlined under Section 69 of the Constabula­ry Force Act.

Should I tell him; or will Hugh?

 ?? ?? Orville Taylor
Orville Taylor

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