Latest update April 19th, 2024 12:59 AM
Mar 03, 2014 News
…zero criminal charges recommended in 2010/2011
An absent Home Affairs Ministry official has delayed the completion of the 2012 Police Complaints Authority report, says Chairman of the citizen redress organization, Justice Cecil Kennard.
According to Justice Kennard, the 2012 report has already been completed but due to the absence of “the official” whom he says has the duty of overlooking the document, the report has not been returned to his office to be finalized before it could be handed over to Home Affairs Minister Clement Rohee for presentation to the House of Parliament.
Justice Kennard said he is to write the Home Affairs Ministry to remind them of the report. He said that the report was initially sent to the Home Affairs Ministry for vetting, but it is yet to be returned.
The delayed document has however placed the agency significantly behind the mandated time for the preparation of the report. According to the Police Complaints Authority Act 1989; Chapter 17:02 Section 16, the Authority has to submit the report to the Home Affairs Minister before the expiry of three months after the end of each calendar year. The report shall detail the activities of the agency throughout the preceding year and the difficulties if any, experienced by the Authority in the execution of their duties.
The Law goes on to say that the Home Affairs Minister shall take the report to the National Assembly, with an explanation from the Director of Public Prosecutions or the Police Commissioner on any matter they wished to highlight. The two are named in the Constitution that must receive copies of the report.
The Complaints Authority showed, however that in 2011, it received 241 written complaints against police ranks. There were no criminal charges recommended for any of the complaints received. Forty cases saw disciplinary action being recommended for ranks involved, while 27 cases were left outstanding at the end of that year.
The Police Commissioner reported on 155 of those cases, which the 2011 report said were completed. However, there was no information on the number of inquests convened, and the number of complaints that required criminal charges.
In 2011, the Authority received 339 oral complaints by telephone. The Authority, according to the report, “was able to dispose of those matters primarily by telephone calls made either to the Commissioner of Police, the Crime Chief or the Commanders of the appropriate police divisions for the necessary action…” Twenty of those reports included corrupt acts by police ranks, 50 represented the use of unnecessary force, 70 for unlawful arrest, 135 for neglect of duty and 31 complaints against ranks brining discredit to Force.
In the previous year; 2010, 238 written complaints were received. The Commissioner reported on 177, 42 were rejected, 19 were outstanding and no disciplinary action was recommended. There was one inquest (investigation) and none of the ranks involved in any complaint were recommended to face criminal charges.
The Chairman had also reported that due to the lack of funds he was limited in travel, especially to interior locations in the execution of his duties. It was also mentioned that apart from the Chairman, the “autonomous body” should be assisted in the discharge of it functions by two other panelists. Despite their absence, the Chairman said the “Authority has not been affected in any way.” Justice Kennard has noted however that his Office is fully commissioned.
The Chairman reiterated however, that the 2012 police complaints report will be available as soon as it is returned to the Authority.
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