UPDATE: Both sides claim victory following INDECOM ruling

Both the Independent Commission of Investigations (INDECOM) and the police are claiming victory following today’s ruling by the Court of Appeal on the power of the commission to arrest and prosecute cops.

In a 2-1 decision, the Appeal Court said INDECOM has no such powers in law.

The case was brought by the Jamaica Police Federation.

READ IN FULL: Judgment - INDECOM vs 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.

However, Williams concedes that the Court has disagreed with INDECOM’s position that its officers have the power of a constable based on Section 20 of the Act.

He says it’s a matter INDECOM will have to study with its lawyers.

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