FATAL ERROR?
Slain man’s name was not on warrant executed by police at Cherry Tree Lane, says INDECOM
The controversial shooting death of 22-year-old Jamar Farquharson at Cherry Tree Lane in Clarendon on September 15 by the police took a curious twist on Tuesday when the Independent Commission of Investigations (INDECOM) said that his name was not on the search warrant that led the cops to his house.
“The warrant was under the Firearms Act and was meant for the address they went to, but it did not have the name of the man who was fatally shot,” INDECOM Deputy Commissioner Hamish Campbell told the Jamaica Observer.
He also said that there are instances of search warrants being issued without an exact address and expressed concern.
“There are many search warrants that don’t give a gate number. Sometimes they just give a district or a road. It is concerning that the courts and justices of the peace are issuing these warrants with sometimes just the name of the road, and the road could be a mile long or even 20 yards,” he said.
“Other warrants have the correct or more full details of a house, name, or a number, etc. This particular one just has Cherry Tree Lane,” Campbell said, adding that he was not able to confirm whose name was on the warrant.
Campbell confirmed that a total of 23 members of the Jamaica Constabulary Force were present during the operation which led to Farquharson’s fatal shooting.
The police have said that Farquharson pulled a firearm while they were executing the search warrant.
However, Farquharson’s relatives have disputed the police’s version, claiming that he was killed in cold blood and released closed-circuit television (CCTV) footage showing him run to open the front door of the house before raising both hands above his head as he saw the cops who were at the door.
No videos have been shared of the alleged confrontation between Farquharson and the police.
On Tuesday, Campbell told the Observer that the investigation into the matter is ongoing.
“At this stage no officer has been charged. The officers have provided an initial account and they are due to be interviewed this week formally under the Act to provide a full explanation, and then the commissioner has got much further work to do the ballistics assessment. We still need that post-mortem report, and obviously we will be reviewing the closed-circuit television material in the public domain that was within the house,” he said.
Campbell said that Farquharson was the 219th person killed this year during planned police operations and pointed out that on none of these occasions were members of police teams wearing body cameras.
“There have been over 100 planned operations this year that have resulted in fatalities of which none have had any body-worn cameras deployed by the Jamaica Constabulary Force. That is really the concern — more broadly than Mr Farquharson’s death, which is equally important — that these operations are occurring without the use of body-worn camera,” Campbell said.
“The CCTV reported as being in this house is evidence in itself, and that’s what body-worn cameras would do, like what the CCTV has done, which is provide a neutral, independent account which can then be assessed and analysed, and the commission can get on with its investigation in the matter,” he added.
Campbell’s focus on body-worn cameras was again highlighted on Tuesday by human rights organisation Jamaicans For Justice (JFJ), which said use of the technology by the police during operations needs to be seen as a matter of urgency in light of Farquharson’s shooting.
The rights group said the incident has raised serious concerns about police conduct and accountability, adding that it is “reminiscent of the 2024 shooting of Romario Sterling in Bog Walk”.
JFJ said it must be determined what were the circumstances that led the police to use lethal force against Farquharson and asked: “What steps were taken to preserve other evidence that could clarify the events; what protocols were followed by the police during the search, and were there any legal justifications for their actions, including the search of the property and the handling of surveillance equipment?
“This incident demonstrates that standard body cameras are fully adequate for planned or tactical operations, since no rugged terrain or specialised equipment was required. We therefore reiterate our call for some of the cameras now being procured to be designated for use in these operations,” JFJ said in a statement.
“It is also a timely reminder for the Police Commissioner Dr Kevin Blake to update the public on the status of the procurement process and the intended deployment of body cameras within the Jamaica Constabulary Force,” JFJ added.
CAMPBELL.. it is concerning that the courts and justices of the peace are issuing these warrants with sometimes just the name of the road