Sun | Apr 26, 2015

DPP sides with Police Federation

Published:Thursday | February 16, 2012

Barbara Gayle, Staff Reporter



Director of Public Prosecutions (DPP) Paula Llewellyn today sided with the lawyers for the Police Federation that the Commissioner of the Independent Commission of Investigations (INDECOM) Terrence Williams does not have the power to arrest.




Llewellyn was not named as a party to the case but she told the court today that she felt that the matter was of great importance that she should make submissions in the matter.



She argued that if INDECOM believed that it needs the power in order to carry out its mandate, then it should ask the Parliament to revisit the issue.



DPP Llewellyn stressed that there was no power of arrest and charge under the INDECOM Act.



She said power of arrest and charge resided solely with the police.



The claimants, including the Police Officers’ Association, the Island Special Constabulary Force Officers’ Association and the United District Constables Association, are seeking an interpretation on the constitutionality of the INDECOM Act.



Attorney-at-law Richard Small who is representing INDECOM has argued that the position of the commissioner of INDECOM is that he has a variety of sources of power to arrest and prosecute.



The Constitutional Court comprising Justice Horace Marsh, Justice Lennox Campbell and Justice David Fraser today reserved their decision for a later date.



Last year INDECOM investigators arrested Corporal Malica Reid and placed him before the court to answer a murder charge.



The Director of Public Prosecutions later set aside the charge and preferred a new indictment.



barbara.gayle@gleanerjm.com