Police Federation concerned INDECOM could be given prosecutorial powers 'through back door'

 

Despite the government's announcement it will not grant prosecutorial powers to the Independent Commission of Investigations (INDECOM), the Police Federation is expressing concern the entity could still end up with those powers 'through the back door'.

 

The Federation says it is very troubled by the proposed amendment to the INDECOM Act which would make the Commission a body corporate.

 

Sergeant Patrae Rowe, Chairman of the Federation, explained that this would allow INDECOM to prosecute police personnel. 

 

"...INDECOM made arguments within the Privy Council to say that there are citizens of Jamaica who have private member's prosecution. The Privy Council declared that INDECOM cannot pursue prosecution as a private citizen because it's not a body corporate. What the Minister of Justice has done is declare to parliament, through his motion, that he intends to give INDECOM body corporate status, which makes them a legal entity, which gives them essentially the opportunity to pursue private citizen's prosecution. And we believe that that declaration by the minister is a direct response to the statement made by the Privy Council in their ruling," he reasoned.  

 

Sergeant Rowe said it appears the government is trying to appease certain interests and has not taken a clear enough position on the issue of prosecutorial powers for INDECOM.