UPDATED: DPP suggests parliamentary review of INDECOM Act, to seek meeting with Commissioner Williams
Director of Public Prosecutions (DPP) Paula Llewellyn has suggested that the Parliament be asked to review the legislation governing the Independent Commission of Investigations (INDECOM).
The suggestion comes in the wake of yesterday's landmark ruling by the Court of Appeal that INDECOM does not have the power to arrest and prosecute members of the Jamaica Constabulary Force (JCF).
In a majority ruling the Appeal Court said INDECOM officials may only arrest and prosecute as private citizens as provided for under common law.
Llewellyn told The Gleaner said she was not surprised by the ruling as she was always of the view that any power conferred on the oversight body must be expressly stated by Parliament.
She suggested that out of an abundance of caution, Commissioner of INDECOM, Terrence Williams should immediately refer the issue to the Parliament for a determination as to whether the oversight body should have the power to prosecute cops.
Yesterday, Llewellyn said she would be seeking an early meeting with Williams next week.
She also told RJR's Beyond the Headlines that given the Court ruling, any attorney or clerk of court with concerns about INDECOM prosecutions should write to her for a review of the file and possible action.
NOTE: An earlier version of this story has said in a two-to-one ruling the Appeal Court said INDECOM officials may only arrest and prosecute as private citizens as provided for under common law. That was incorrect. In fact, all three judges had made this finding.