Dear Editor,

The decision of the learned director of public prosecutions against instituting criminal proceedings against the policeman shown in the video striking a man on the ground has been attracting public outcry, and some prominent people would like clarification on whether proceedings can be instituted for assault of the deceased.

The decision not to prosecute the policeman, and instead recommend that disciplinary hearing under the Constabulary Force Act be instituted, is absolutely correct and in keeping with my practice when I was clerk of courts not to prosecute the police when in my considered opinion disciplinary proceedings would be appropriate. In this context, it is not well known that such proceedings can result in dismissal of the officer or fines to be taken from his salary. It might even include confinement to barracks and fatigue, which together would be equivalent to imprisonment with hard labour under criminal law. The Constitution of Jamaica provides that the director of public prosecutions is the ultimate authority to exercise discretion whether or not to prosecute in criminal matters. The same constitution provides for the presumption of innocence so no one should rush to judgement that the officer was guilty of any offence.

The answer is yes to the question if proceedings can be instituted for assault of the deceased. This would not be the case under Roman Private Law that the case dies with the death of the injured person. The English Common Law moves away from that position and so prosecution can be started on evidence of witnesses in support of the injury.

Owen S Crosbie

Barrister-at-Law

Mandeville, Manchester

oss@cwjamaica.com