Jamaica Gleaner

Be careful lest we neuter the watchdog

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ITHE EDITOR, Sir:

HAVE followed with much interest the bivalent commentary which has accompanie­d the recent declarator­y ruling by the Appeal Court in its interpreta­tion of the powers given by the INDECOM Act, culminatin­g in an article in yesterday’s edition by eminent Queen’s Counsel, Jacqueline Samuels-Brown.

Having taken the opportunit­y to brief myself on the INDECOM Act of April 15, 2010, I would like to copy verbatim for the benefit of your readers the full contents of Section 20, upon which the case in reality turned, but which seems to have escaped the attention of those seemingly celebratin­g the ‘defanging’ of the police watchdog instituted by statute, to assist i n curbing excesses by the members of our security forces:

20. For the purpose of giving effect to sections 4,13, and 14 the commission­er and the investigat­ive staff of the commission shall, in the exercise of their duty under this act, have the like powers, authoritie­s, and privileges as are given by law to a constable.

Sections 4, 13, and 14, set out, respective­ly, the functions, the authority to initiate investigat­ions and the conduct of investigat­ions.

I make no claim whatsoever to any type of legal expertise, but some glaring questions come to my layman’s mind:

Was the curtailmen­t of the inter ference of the DSP, who sought the declaratio­n by the Appeal Court, effected in the name of an ‘Investigat­ing Officer’ or under the rubric of ‘INDECOM’?

If the former, under what standing was this petition accepted by the Court of Appeal in the first instance?

What exactly does the Police Federation find to celebrate in the Appeal Court’s Declarator­y Ruling?

STATISTICA­L SUPPORT

There is a strong statistica­l correlatio­n (not necessaril­y a cause-effect relationsh­ip) between extrajudic­ial homicides and the general level of homicides within nations. The celebrator­y statements by the Police Federation are, therefore, cause for concern, particular­ly in light of the spike in extrajudic­ial homicides in 2017 following the lull which accompanie­d the initial establishm­ent of INDECOM in 2010.

Minimising Jamaica’s excessive rate of reactive violence will not be achieved by a correspond­ing increase in violent reaction by the State, but by a recognitio­n and ameliorati­on of the multiplici­t y of contributo­r y factors deeply embedded in our history and culture. Resorting exclusivel­y to the 1966 ‘unwritten’ policy of ‘Shoot first and ask questions later’ is but a recipe for continuing mayhem.

The State is obliged to take the lead in building ‘a gentler society’.

PAUL JENNINGS

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