Parliament moves to quell ODPP, INDECOM conflict

BY ALICIA DUNKLEY Senior staff reporter dunkleya@jamaicaobserver.com

Friday, June 03, 2011

PARLIAMENT might be forced to undertake an early review of the Independent Commission of Investigations Act passed last March to establish the Independent Commission of Investigations (INDECOM).

The review is an attempt to resolve "friction" between that body and the Office of the Director of Public Prosecutions.

INDECOM, headed by Commissioner Terrence Williams and which was established last August with a mandate to investigate fatal shootings and reports of abuse by other agents of the State, essentially removed the power from the security forces to investigate themselves.

But from as early as January this year, signs of conflict began to appear in the relationship between the office of the DPP and INDECOM over actions taken in at least one case.

Tuesday, the apparent 'difficulty' came up for mention again in Gordon House but this time during debate on the Corruption Prevention (Special Prosecutor) Act due to concerns that the powers to be given to the special prosecutor in that provision would also outrightly conflict the powers of the DPP as enshrined in the Jamaican constitution.

Opposition member of Parliament Anthony Hylton, in questioning the provisions of that Bill, noted that the same issue about granting prosecutorial powers to another entity had been raised in the Joint Select Committee, which had considered the provision without any resolution.

"This was a fundamental point in the committee and was never resolved and it doesn't disappear in light of what we have seen played out in the case of INDECOM... This issue is a fundamental point that raises some fundamental questions that if we don't wrestle and deal with at this point we really are setting up ourselves," Hylton said.

"I think what has caused the difficulty is INDECOM because there is no doubt that when that Act was passed here we thought we had an Act that would be a special case to remove prosecution of security officers breaches and it seems it has gotten into some difficulty," House Speaker Delroy Chuck intervened.

Responding, Prime Minister Bruce Golding — who had piloted the provision — said that the Act establishing INDECOM might be reviewed.

"The fact of the matter is we may have to revisit the INDECOM Act because it has been brought to my attention and I have had meetings with the Commissioner and the Police High Command because that's where a great deal of friction rests and with the DPP. We may need to revisit that. But let us understand that there may from time to time be friction between different offices," Golding said, noting that Contractor General Greg Christie has also expressed difficulties with the DPP.

Speaking with the Observer yesterday, INDECOM's Commissioner Williams said his office in no way challenged the DPP as it related to the prosecutorial powers accorded her office in the Constitution.

He, however, said that his office had several recommendations for the pending review.

"We have already submitted recommendations for review and we, in fact, are currently adding to and perfecting the recommendations that have been submitted as part of our initial report. There are issues in the Act and we submitted a paper regarding areas that we agreed that there is a need for amendment," Williams told the Observer.

While declining to say what those recommendations were, he said it was expected that this report would be before Parliament in "a matter of weeks".

In at least one classic instance, Williams this February criticised the Office of the DPP for moving too slowly on cases involving serious offences. Williams made the charge while defending INDECOM's decision to take to court a policeman charged with last year's shooting death of Negril hotelier Mickey Hill.

Williams was at the time reacting to an Observer enquiry about reports that his office bungled by prematurely charging Corporal Malica Reid, only to hear in court that DPP Paula Llewelyn had not yet ruled on the case.

In defending his office's action — which he said was perfectly within his remit by law — Williams complained that this is yet another example of what happens when the DPP drags its feet on cases.

Additionally, he said if the investigative arm is going to always have to await these rulings, it will mean that the prosecution of these cases will always be delayed and suspects will get a chance to flee the jurisdiction before they are tried, something which he has found is not an uncommon occurrence.

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Parliament moves to quell ODPP, INDECOM conflict