INDECOM ruling triggers suspension of debate on MOCA Bill

An Appeal Court ruling that the Independent Commission of Investigations (INDECOM) does not have the power to arrest and charge cops, on Friday forced the suspension of debate on the Major Organised Crime and Anti-Corruption Agency (MOCA) Bill in the Senate.

The Senate suspended the debate to study whether the court ruling has any implications for the MOCA Bill.

READ IN FULL: Judgment - INDECOM vs Police

The Bill gives the power of a constable to the director general of MOCA.

State Minister in the National Security Ministry Pearnel  Charles Jnr, asked for the debate to be suspended to allow time to consider the matter further.

In a 2-1 decision, the Appeal Court said INDECOM has no powers under the INDECOM Act to arrest and prosecute cops.

However, the court said INDECOM officers as private citizens could effect these arrest and prosecution under common law.

IN PHOTO: Terrence Williams

The case was brought by the Jamaica Police Federation.

Lead attorney Jacqueline Samuels Brown says while she is still absorbing the judgment, it will provide guidance to police personnel and INDECOM.

She says the ruling confirms that, contrary to INDECOM’s arguments, the INDECOM Act does not give the body powers of arrest and prosecution.

But INDECOM Commissioner Terrence Williams, is counting the ruling as a resounding victory for his organisation.

According to him, the ruling changes nothing, as INDECOM has never made an arrest as a body.

"What the judgment of the court has done it has confirmed what we have been saying for a long time and has strengthened our position," he said.

Williams said all arrests and prosecutions have been by individual officers using the same powers conferred on ordinary Jamaicans based on common law.

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