Wed | Jan 23, 2019

INDECOM and police groups in another court battle

Published:Monday | May 11, 2015 | 9:47 AM

The Appeals Court will this morning start to hear the claim brought by four police groups against the decision of a lower court affirming that the Independent Commission of Investigations (INDECOM) has the power to arrest members of the security forces. 

The Jamaica Police Federation, the Police Officers’ Association, the Special Constabulary Force Association and the United District Constables Association have argued that the decision has serious operational and constitutional implications and must be challenged at the highest level.

Justices Dennis Morrison, Hilary Phillips, and Almarie Sinclair Haynes are to preside over the hearing set to run until Friday.

The INDECOM Commissioner and the Attorney General are the respondents.

In July 2013, the Constitutional Court ruled that INDECOM had the power under common law as well as its governing act, to arrest members of the security forces.

It also ruled that the powers of the INDECOM Commissioner and his investigators in no way diluted the authority of the Director of Public Prosecutions to continue, takeover or discontinue any prosecution.

Attorney-at-law Bert Samuels has said the ruling deserves to be brought to the highest level because of its far-reaching and fundamental nature.

The Opposition had described the move to appeal as ill-advised and a waste of time especially as the INDECOM Act was being reviewed.