INDECOM taking "power of arrest" question to Privy Council

Jamaica’s Independent Commission of Investigations (INDECOM) will be going to the UK based Privy Council for it to give the final say on whether the agency has the power to arrest or charge members of the Jamaica Constabulary Force.

The decision comes two weeks after the Appeal Court ruling that INDECOM does not have this authority.

INDECOM Commissioner Terrence Williams told RJR News on Sunday that lawyers for the Commission have filed documents before the Appeal Court seeking leave to go to the Privy Council:

“There are issues of course in the appeal, which need clarification,” he said, noting that six judges have “looked at the matter so far” and there has not been a unanimous view of the pertinent matter.

“So it is important for all the important… and constitutional issues in the case (to) be finally adjudicated by our final court,” he reasoned.

He said the documents were filed on Thursday and served on the attorney for the Police Federation.

The Appeal Court ruled that the INDECOM Act does not give the agency or Mr Williams the powers to arrest, charge or prosecute members of the Jamaica Constabulary Force or the Jamaica Defence Force.

Mr Williams insisted that members of his team can still arrest and charge police and soldiers in a private capacity under the common law.