HUMAN rights watchdog Jamaicans for Justice (JFJ) and former Police Commissioner Colonel Trevor MacMillan have renewed calls for government to take steps to enact the Disclosure (Whistleblower) Legislation, following the recent beating of former People’s National Party (PNP) candidate Dr Jephthah Ford.

The JFJ’s position was supported by ranked officers within the Jamaica Constabulary Force (JCF), who said that one of the cops allegedly linked to the beating of Dr Ford was “a known lawbreaker”, who was promoted despite being under investigation.

Colonel MacMillan, who served as police commissioner between 1993 and 1996, said the matter was raised during his tenure, but got little traction. Now, he believes the time was right for such legislation.

“I have been approached informally by police officers who are willing to talk about criminality within the force, but are not prepared to do so under the existing situation or without whistleblower legislation which can protect them,” MacMillan said last Thursday, three days after Ford’s beating.

The former commissioner’s position has found support from members within the JCF who asserted that the force has remained virtually silent on the urgent need for the passage of this legislation, which would protect police officials willing to give information on wrongdoing committed by their own.

However, Observer sources disclosed that the JCF had commissioned its Legal Affairs Division to begin work on the legislation but said the work is incomplete, and for the time its future is in limbo.

But the cops want it now.

“The question of criminality and corruption and wrongdoing is not guesswork. And don’t believe it is only at the lower level. It is right across the board, from top to bottom,” said a cop who asked to remain anonymous.

The policeman, along with others, has found an unlikely ally in JFJ, who are rarely on the same side of any argument. Dr Gomes commiserated with the cops, but believes ‘something good’ may come from Ford’s beating.

“I strongly support the call by the colonel and the cops. It is long overdue, and if we are really serious about cleaning up the corruption, not just in the police force but within the wider society, we need to give people the protection they need to come forward with information,” Dr Gomes told the Observer last week.

She expressed the view that Dr Ford’s beating may highlight the need for greater urgency towards the legislation.

“The only reason he is alive is because he is Dr Ford, and it dawned on somebody that it may not be so easy to get away with it. But, it happens to ordinary Jamaicans on a regular basis and many never live to tell the tale,” she said.

Ford, who is alleged to have pulled his service firearm during the incident, has subsequently been charged with illegal possession of firearm and ammunition. He was allegedly beaten even while handcuffed.

Meanwhile, at least one cop believes that neither the government nor the opposition is treating the matter with the urgency it deserves.

“As far as I am concerned, neither the government nor opposition is interested in this legislation,” he said, with exasperation and a seeming futility.

In 2005, at its annual conference, the ruling People’s National Party (PNP) unanimously passed a resolution calling on the government to begin discussion on the legislation with a view to enacting the law at the earliest possible time.

On Friday, opposition spokesman on national security Derrick Smith said that while the legislation is desirable, supervising officers within the force must do their jobs.

“I am not opposed to Disclosure Legislation, let me make that quite clear. But against the background of what happened to Dr Ford, how did a cop under investigation manage to get promotion?” Smith asked.

The opposition spokesman was critical of the chain of responsibility within the force which allowed wrongdoing to escalate to alarming levels.

“Supervising officers must do their jobs. And the commissioner should renew the files of the persons to be promoted rather than take the recommendation of his ground supervisors without questions,” he said.

The culture of victimisation within the force was not lost on either MacMillan or Dr Gomes. Both agreed that the officers need protection in order to talk.

In the interview with the cops, politics was seen as the main hurdle to enacting the legislation.

“Politics is still protecting bad cops within the force and both sides are still benefiting. The majority of the bad eggs in the force are either directly connected to individuals, inside and outside the force who are connected to the two (political) parties, or, are directly connected themselves,” the senior officer said.

The legislation, which has been adopted by several Commonwealth countries, allows for the public disclosure without punishment.