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Stabroek News

Police, rights advocate want disclosure law
published: Sunday | December 31, 2006


Brown (left) and MacMillan

MORE voices have joined the call for legislation that would help in the fight against all kinds of corruption, but the State has said such legal framework already exists.

Human rights advocate Yvonne McCalla-Sobers and Police Federation executive member Inspector Steven Moodie have both called on government to effect a public interest disclosure act.

"Nobody will say anything unless there is legislation to protect them. Only a public interest disclosure act can give the protection that is required for persons to give some type of information," said Insp. Moodie, who works out of the firearms and coastal control division of the Jamaica Constabulary Force.

Trafigura example

Citing the much-publicised Trafigura case as an example, Insp. Moodie said it is often the messenger who is sought. In the Traffigura case, much was made of the leakage of confidential bank information which revealed that at least $31 million was given to the People's National Party (PNP) by a Dutch company which trades Nigerian oil for the country.

"We want legislation so that when someone sees crime being committed he can come out and say that something is wrong and feel protected," Moodie said.

Mrs. McCalla-Sobers too believes such legislation would help in the fight against, not only corruption, but all forms of crime.

"We need all of the legislation that will assist policemen to come forward and such a legislation will definitely go a far way in building trust and getting crimes solved," she said.

"In the same way that police keep on saying members of the public must not keep silent, they must come forward and speak about what they see and know they won't if they are not protected," said Mrs. McCalla-Sobers. "Even police are afraid to give information ... I have heard stories and theories as to why some police relatives happen to (end up) dead."

Issues of police corruption and legislation to deal with disclosure of such practices, dominated public discourse last week after The Sunday Gleaner published the confession of a corrupt cop.

The man, a gazetted officer of the constabulary, said he has been involved in the taking of bribes, selling of firearm licenses and the carrying out of extra-judicial killings, which he says are common events among members of the force.

Insp. Moodie described the officer as a "mischief maker, who should confess his sins openly and then rat out fellow sinners".

Police officials have been at pains to stress that while corruption is taking place in the force, it is a small percentage of its members who are corrupt and that they are working hard to pin them to these crimes and have them dismissed.

Adequate legislation

In the meantime, director of justice reform in the Ministry of Justice, Canute Brown, has said he is not aware of any plans to create any disclosure or whistle-blower legislation and has sided with Security Minister Dr. Peter Phillips in saying adequate legislation is on the books to protect persons who make disclosures.

Mr. Brown, however, notes that some disclosures will not be possible unless there is a comprehensive review of the Secrecy Act.

"We certainly have legislation in place which would offer the kinds of protection that are being called for. We may not need any new legislation. What we may need to do is improve on what we have and strive for a strong witness protection programme," Mr. Brown said.

Mr. Brown emphasised that the witness protection programme will only be successful if the public trusts the system and administrators.

Protection

Responding to Senator Trevor MacMillian's recent call for whistle-blower legislation, Dr. Phillips said last week, measures were in place to protect persons who come forward with information on corrupt cops.

"As it stands now, we can protect anyone who comes forward with information in relation to the JCF," said Dr. Phillips.

Col. MacMillan, in his maiden address as a senator, said members of the constabulary who would come forward with information on their colleagues were routinely intimidated and victimised. "When fish go to river bottom and say shark down there, listen to the fish, please listen to me with respect to this," he said in arguing for the implementation of whistle-blower legislation.

  • The public interest disclosure act would encourage persons to raise concerns about malpractice in their workplaces and would help ensure that organisations responded by addressing the message rather than the messenger; and resisting the temptation to cover up serious malpractice. Both the United States of America and the United Kingdom have a public interest disclosure act. The act applies to people at work raising genuine concerns about crime, civil offences (including negligence, breach of contract, breach of administrative law), miscarriage of justice, danger to health and safety or the environment and the cover up of any of these.

  • The Witness Protection Programme is provided under the Justice Protection Act of 2001. Under this act, the State is responsible for granting protection and/or assistance to witnesses, jurors, judicial and law enforcement personnel. It also requires the Director of Public Prosecutions to prepare and submit applications for persons considered necessary to enter the programme, while the Commissioner of Police is mandated to carry out investigations of prospective participants in the programme.

  • The Commissioner of Police is also required to provide physical protection for participants. The law also gives the Attorney-General the responsibility to assess applicants' suitability for participation in this programme.

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