ONLINE READERS COMMENT: Remove pre-charge judicial review privilege from the police
Dear editor,
What was the objective of Parliament affording the members of the Jamaica Constabulary Force (JCF) the privilege of seeking a judicial review prior to the Independent Commission of Investigations (INDECOM) charging and prosecuting them for crimes?
So, we the citizens can be maliciously prosecuted, subjected to the agonising ordeal of making multiple court appearances to answer to the oftentimes unfounded charges, because of the impunity, recklessness and spitefulness demonstrated by some JCF members, which traumatises our minds, and displaces our lives generally, but these accused cops are allowed to wait for months so that they can buy enough time to possibly flee the island and to stall the proceedings?
Section 24 of the INDECOM Act allows for the police personnel who are under investigation to seek a judicial review of the actions taken against them by the investigative authority.
What section of any Act allows for us citizens to seek a judicial review before the incompetent, spiteful and abusive cops charge and prosecute us, breach our constitutional rights, aggravate our minds and cause us significant distress, loss and damages due to their featured carelessness?
There is obviously a grave inequity with what obtains with this special privilege afforded to the JCF, and the absence of the same privilege to be enjoyed by us accused citizens.
In the normal course of things, a judicial review would be conducted during, or following, the proceedings, not prior to instituting it.
Assuming that INDECOM acted responsibly, and within the law, in preparing a prima facie case with the evidence to charge and prosecute these officers, then no court should be minded to interfere with its actions.
No legislation or regulation should pass which would interfere with the lawful operations of the investigative/prosecuting authority.
Accused cops are not more important than accused citizens. Therefore, section 24 of the Act should be repealed or amended to remove this privilege to the accused cops, because the existence of this section defies common sense and prohibits INDECOM from effectively bringing to book the corrupt officers in the JCF.
INDECOM, out of an abundance of caution, should secure stop orders against all these concerned officers.
Dujon Russell
