Not-so-premature at all, Mr Robinson

This is a response from the Independent Commission of Investigations (INDECOM).

INDECOM notes the errors in Gordon Robinson's column published on April 22, 2014 titled 'Premature adjudication'. So unfortunate were these comments that the Commission felt it necessary to paint a true, factual picture of the matters on which he colourfully opined.

Mr Robinson commented that the INDECOM commissioner called a press conference to announce the probing of the possible involvement of senior policemen in several questionable civilian shootings. This could not be further from the facts.

The purpose of the press conference was to update the public on our investigations - as INDECOM has always done. In fact, we are required to do so under the statute! Section 17 (3) (a) states: "During the course of the investigation, the commission: (a) unless it is satisfied as to the necessity for confidentiality, issue a press release at the commencement of the investigation and at intervals thereafter as it considers appropriate." This is consistent with the modern principles surrounding right-to-life investigations. The investigation and charging of state agents cannot be secretly conducted.

action based on evidence

Further, the commission did not announce the possible involvement of senior policemen. The commissioner responded to a question posed by a member of the press corps who asked if senior police officers were being probed: "The commission will consider carefully whether any senior officer committed, ordered, acquiesced in the activities which led to these killings and, if there is evidence which shows that they did so, to ensure that they are placed before the proper tribunal for determination."

Additionally, the commission's seeking information from the public regarding these investigations is in no way suggestive of insufficient evidence to charge. This is much like the practice of the police to ask the public to come forward with information. An investigation does not end when someone is charged.

Mr Robinson also commented: "It's unwritten tradition that policemen aren't remanded, for obvious reasons, including that they'll be sent to a place already housing so many natural enemies. But, these were remanded after INDECOM opposed bail."

As a member of the legal fraternity, Mr Robinson should be aware that justice is about fairness and equal treatment. As it relates to bail, Section 4 of the Bail Act states clearly that the factors to be taken into consideration when approving an application for bail. Mr Robinson ought to know that the applicant's standing in his or her community is immaterial. Further, witness tampering, which was one of the reasons for opposing bail, cannot be cured by imposing conditions.

According to Mr Robinson, "INDECOM's public display of glee at their bag of 'police in a bungle' helped to hype the press' spectre of 'death squads'". Now this is a very serious bit of speculation that should be immediately proven or withdrawn. It is the view of the commission that when the right to life of a human being is breached, an investigation commences and the commission embarks on the onerous task of updating the public. There is no glee involved. Any suggestion in that regard is highly insensitive to the families and friends who have lost loved ones to excessive use of force by any member of the security forces.

We would also like to remind Mr Robinson that this label of 'death squad' was propagated by The Gleaner. At no point in time did INDECOM use that term in relation to any of its investigations. In fact, Mr Williams categorically disabused the use of the term at this recent press conference. He stated: "We are investigating officers whom we believe were involved in unlawful killings over a period of time. A title like that ('death squad') might be good for a journalist, but it is not one that we use as an investigative organisation."

issue of Morale

Startlingly, Mr Robinson suggested that the members of the security forces have the support of every law-abiding citizen when they exercise the 'option' to commit extrajudicial killings. In that regard, the Commission hopes Mr Robinson is speaking for the minority.

The issue of morale in the police force of which Mr Robinson makes mention is not within the remit of INDECOM; rather, it is with the Police High Command. INDECOM will continue to conduct thorough and independent investigations into matters of abuse by state agents. In our operations, we do not invite the media when we search police stations or arrest police officers. All our decisions to lay charges are evidenced based.

Police personnel are expected to conduct themselves with professionalism and with a certain knowledge that any allegation brought against their colleagues will be subjected to the examination of the courts.

Watch the entire press conference on YouTube using the link: https://www.youtube.com/watch?v=W1OKp5AdjiQ#t=1230.

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