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Examining Bank Accounts of the Police

This is a response to remarks attributed to the Senator, Professor Ramesh Deosaran, who is said to have demanded that police officers' bank accounts be investigated to find out if any member of the Police Service is involved in kidnapping or any other type of crime. I find no fault with Senator's desire to root out corruption, especially in circumstances which frustrate any attempts to debate legislative solutions, but he should seek a less precipitous route.

Make no mistake about it, my comments are not intended to be a brief for those who engage in criminal behavior. Seekers of justice should not confuse objectivity with pandering.

It would be counterproductive to attempt to eradicate one evil by supplanting an equal or greater one. The Constitution, Chapter 1 Part I(c), grants "the right of the individual to respect for his private and family life." It can be argued that, in certain circumstances, individual rights might be subordinated to those of the State but in this case the brush is not broad enough to paint such a mural for the Senator.

If it were to be ordered that the bank accounts of members of the Police Service be examined, it would have to be under the theory that all police officers are suspects. Since the Courts are given the responsibility of protecting individual rights under its interpretation of the intent of the Constitution, I think a police officer, not charged with a crime, would have a sustainable lawsuit against the State for invasion of privacy and infringement of rights.

Let us assume, for the purpose of argument, that the Courts uphold the right of the State to examine the bank accounts of all police officers. Such a precedent would open the floodgates for accusations and similar inquiry against other departments. I refrain from suggesting particular groups less it be construed that there is an accusation inherent in my reference. Of course, politicians will be excluded from the process on the basis that they are not members of the Public Service, neither will they all be presumed to be guilty of corruption, if even it can be proven that one or two are.

The call for examination of private banking records would be reasonable if an officer is suspected of a crime, investigations disclose sufficient evidence to make an indictment and a court order is obtained for disclosure to try to substantiate the accusation.

There is another aspect that must be recognized. Stupidity is not a prerequisite for illegality. With the amount of money laundering reported by the banking authorities, why would it be assumed that all ill-gotten gains will be deposited? Will the absence of unusual bank deposits establish one's innocence?

The suggestion has been made elsewhere that the Police Service should establish an Internal Affairs Department.
I think this is a workable approach to getting rid of bad apples without infringing on individual rights. In New York City with over 30,000 cops, it has proven to be an effective tool. That department also makes it easy for the public to make complaints and give tips without fear of reprisals. For those who would pose the frivolous argument that "police cannot watch police," they should bear in mind that the majority of people are as honest and law abiding as they. This is an imperfect world and regardless of the profession or walk of life, there will be those who engage in illicit activities.

The enigma facing the Senator, the Police and all law abiding citizens is that the particular problems have been identified, there is a common objective to forestall proliferation, however, the solutions have not yet crystallized. It is impossible to fight a war without an army so government must allocate more resources for the battle against crime. There must be a greater police presence everywhere, proportionate to the population and the incidence of crime.

I pose one caveat for those who, justifiably, want criminals to be punished. Do not confuse justice with vengeance. In the latter case, there is outcry to for the person or persons accused to be found guilty and pay the price based on the notion that "where there is smoke, there is fire." Some of the same people who now demand the heads of all cops are the same ones who take the words of the police as Gospel when their own ends are paramount.

There is no doubt that many of the Senator's suggestions are worthy of serious consideration and, perhaps immediate implementation, but sans unlimited resources it is necessary to prioritize and be guided by the immortal philosophy of Confucius "a journey of a thousand miles begin with a single step."

Selwyn P. Nimblett
Brooklyn, N.Y.

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Examining Bank Accounts of the Police
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