The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

AN officer accused of punching two Exuma women in the face last year has been acquitted of the charges brought against him before the police disciplinary tribunal.

The Tribune understands that a procedural error led the prosecution to seek to withdraw the case, at which point he was acquitted.

Images of blood streaming from the gashed eyelid of one of the alleged victims, Deja Laing, 19, caused anger among social media users last August.

Inspector Christian Leary was subsequently interdicted by then acting Commissioner of Police Paul Rolle and disciplinary charges were brought against him.

Insp Leary’s lawyer, Bjorn Ferguson, said yesterday: “The deputy commissioner is responsible for discipline in the police force. The prosecution withdrew the charge today. When the prosecution did that, we were already deep in the trial. According to 23A of the Criminal Procedure Code, if they withdraw after the accused is called to make his defence, the court has to acquit the accused.”

Mr Ferguson sued the government on behalf of his client last year, arguing that it was unlawful for the officer to be interdicted and subjected to the machinations of the tribunal.

“Our contention was that at the rank of inspector, a disciplinary tribunal wasn’t the proper procedure to interdict or try an officer,” he said. “The procedure for that is different. If there is a disciplinary issue involving an inspector, you are supposed to engage the Police Service Commission because officers at the rank of inspector and above fall under the purview of the Police Service Commission.”

Commissioner Rolle declined to comment on the matter yesterday.

When Insp Leary was interdicted, he received just one-half of his salary. He argued in an affidavit that he suffered significant economic loss and hardship as a consequence.

“I have several monthly expenses in respect of myself and my 17-year-old son such as a mortgage with Bank of The Bahamas (for my home), an outstanding loan at (BLECU), school fees, utilities such as electricity, water, cable, internet, telephone, gas (vehicle and home), groceries and other miscellaneous expenditures,” the 38-year-old officer said.

Mr Ferguson said his client will now receive back pay.

“It was always his contention that he did not breach any of the disciplinary rules,” he said. “He was acting in good faith and in the execution of his duties. What happened wasn’t as was displayed in the media. He will now be able to return to active duty and they will now have to pay him his salary back.”

Insp Leary was accused of four major offences: two counts of use of unnecessary violence to a person in the execution of duty and two counts of conduct of a major nature which is contrary to discipline, good order and guidance of the RBPF. He was accused of punching Ms Laing and Aaliyah Bain, 20, while they were travelling home from the Rolleville Homecoming Festival and Regatta.

In an emotional interview with The Tribune, Ms Laing admitted that she did not readily comply with the officer’s demand that she get out of her vehicle, citing concern for his aggression and discourteous demeanour. She alleged that she was punched five times in her face.

Ms Bain said she accompanied Ms Laing to the police station because she was concerned about leaving her friend in the company of men.

“I went with her in the police car because I didn’t want her there with three male officers and while I was in the car I was speaking freely, saying ‘y’all wrong, ya’ll wrong, how y’all could do this to a female who way smaller than y’all.’ That’s when the guy who was driving literally turn back and punch me in my mouth three times, directly in my face. My face was bruised, my lip has a cut under it and my teeth is cracked in the back,” she alleged.

The women faced no charges.