Sun | Jan 20, 2019

INDECOM takes DPP to court over cop case

Published:Thursday | January 21, 2016 | 4:16 PMBarbara Gayle, Justice Coordinator

The Independent Commission of Investigations (INDECOM) has taken the Office of the Director of Public Prosecutions to court over a decision that led to criminal charges being dropped against a policeman last year.

Last week, INDECOM  filed an application in the Supreme Court seeking to have the matter brought before the Judicial Review Court. 

The DPP Paula Llewellyn says her office will be opposing the application. 

A date has not yet been set for the hearing. 

Last November, Deputy Superintendent of Police Jason Anderson, a director of the Major Organised Crime and Anti-Corruption Agency, was cleared of criminal charges following the DPP's intervention. 

READ: MOCA director cleared of criminal charges

The DPP had intervened  using her powers under the Constitution which allow her office to take over or stop any prosecution in the courts. 

Llewellyn argued that the case against Anderson would have little success if it were taken before a tribunal following concerns by the cop's lawyer, Peter Champagnie and the Clerk of the Courts of the St Catherine Resident Magistrate’s Court. 

Meanwhile, Champagnie says he has not been officially served with a copy of the documents indicating that INDECOM was challenging the decision affecting his client.

He says as a matter of courtesy, he should have been served with copies of the court documents.

Champagnie told The Gleaner/Power 106 News Centre that his client would be an interested party in the matter. 

Last October, INDECOM arrested and charged DSP Anderson with assault at common law and discharging a firearm within 40 yards of a public place.

READ: MOCA director charged with assault, firearm offences

Champagnie had argued that the case was proof that INDECOM is in need of oversight.