Several members of the legal fraternity are disturbed by a video-recording of a medical examination for Rushane Barnett, the man the 23-year-old man charged with murdering a mother and her four children in Cocoa Piece, Clarendon.
Barnett had made allegations that he was beaten while in police custody, but during the recorded video which has gone viral, the neatly-attired accused walked back those claims.
He was also shown on the recording removing his clothes, leaving only his underwear. Medical personnel examined him, while the police and Justices of the Peace (JP) looked on.
But several attorneys said the video-recording is again another example of how the justice system in Jamaica is being trampled upon by those in authority.
“Regardless of the crime, an accused should not be recorded and posted on social media doing a medical. An investigation was launched into what he (Barnett) said at court, and now hear you have a video of his body being uploaded first by a prominent journalist. Where are we going as a country?”
That’s one view expressed by an attorney who spoke to Jam Street Journal.
He asked that his identity be withheld, as he is contemplating joining the defence team of Barnett.
“Are we are heading into autocratic rule? Why is that? It could be Barnett today, Miss Jennie tomorrow, Mass Tom, your son, a teenager. The police and others who should know better doing too much now, and let me not even mention the publication of people’s photographs by the JCF who were not even charged, but yet they had them up as wanted. Too much is happening, I repay too much is happening,” he opined.
The accused’s legal aid attorney, Tamika Harris, has already been complaining about the video recording, especially in light of the fact that the police said her client is to face an identification parade relative to a case of abduction and rape.
The video, of about six minutes, emerged on social media Friday evening showing Barnett being questioned by four JPs which included medical doctor Andrei Cooke.
“First of all that doctor should face some form of sanctions, as well as those JPs. They frankly should be stripped of being JPs,” said another senior attorney, who is also contemplating representing Barnett.
“The young man is indeed of proper representation. If this was a man uptown accused of such a crime, the JCF would be silent and ensure that they tread cautiously. I am no prosecutor, but if I was, I would be feeling derailed, because the police and those in law enforcement are doing a perfect job ruining this case,” the senior female lawyer said.
In the video, Barnett denied being beaten by the police, but said they had threatened to beat him with batons.
He, however, complained about feelings pain before he was arrested by the police.
Cooke confirmed that the medical was done with Barnett on Friday, but he said he did not know how the recording was leaked. He said it was not strange for medical examinations to be recorded.
The senior female attorney said that the police and JPs cannot be trusted to now commence an investigation into how the video was leaked.
“The police from time to time have shown how they act with malice, and they tend to prey on people who have weak legal representation based on my experience. Even if an investigation is launched into how the evidence (the video) was leaked, who are you going to ask to do the probe? The same police who were there and never objected to the recording? The same police who may have leaked the video? The same JPs who may have leaked it?” she questioned.
“In all my years of practising law in Jamaica – and that’s many years – I’ve never seen so many efforts to try and assume judicial responsibility by State actors. It is alarming, and it needs to stop!” the attorney asserted.
The Police High Command is yet to issue a statement on the leaked video.
The killing of the family of five – Kemisha Wright and her four children Kimanda Smith, 15; Shara-Lee Smith, 10; Rafaella Smith, 5; and Kishaun Henry, a 23-month-old boy – has left the entire country outraged.
Residents discovered the victims with several stab wounds and their throats slashed.
It is alleged that Barnett and Wright were involved in frequent arguments.
Barnett had reportedly fled Trelawny after he was said to have been involved in lotto scamming.
He was also charged for unlawful wounding by the police in relation to the injuring of his father during previous altercations.
However, his father withdrew those charges.
Barnett appeared in court on Thursday, where he settled his legal representation by being assigned a legal aid attorney.
