Not one!

THE INDEPENDENT Commission of Investigations (INDECOM) has reported that there were no disciplinary hearings reported for cases they submitted to the Jamaica Constabulary Force (JCF) between January 2018 and June 2021.

This information was disclosed by Hugh Faulkner, commissioner, INDECOM, last Thursday during a virtual Quarterly Press Briefing.

There were 80 INDECOM reports submitted to the JCF between January 2018 and June 2021 with recommendations for disciplinary proceedings to be considered and/or instituted for 108 officers.

At the time of the responses from Inspectorate and Professional Standards Oversight Bureau (IPROB), 36 were still under review; 38 reports reviewed by IPROB and submitted to the Administrative Branch for action; and six reports reviewed by the IPROB were not suitable for current action.

A 2017 report from INDECOM also highlighted and noted that not a single disciplinary hearing had been held at that time, on any of the cases submitted, nor had there been any earlier response to INDECOM’s recommendations as required.

“In 2017, our second quarterly report to Parliament identified the number of cases submitted to the JCF and for which recommendations were made for disciplinary actions and for the results of those recommendations to be provided,” Faulkner said.

“Our 2017 report found that between the years 2010 and 2017, 138 officers were recommended for…[disciplinary hearings]. The 2017 report stated that not a single disciplinary hearing had been held at that time on any of the cases submitted, nor has there been any earlier response to INDECOM’s recommendations as required under Section 23 of the INDECOM Act,” he said.

For this report, INDECOM conducted a similar analysis of disciplinary recommendations for the period January 2018 to June 2021.

“It is reported that only upon INDECOM requesting an update on all such disciplinary cases submitted to the JCF, that a comprehensive response was provided. It was indeed provided, but only at our request,” Faulkner explained.

On the other hand, the Disciplinary Recommendation Process states that:

1. INDECOM submits report with disciplinary recommendation to JCF;

2. JCF reviews and determines an appropriate action;

3. JCF notifies INDECOM of the outcome with reasons.

Faulkner said steps two and three are of concern to INDECOM and Section 23 of the INDECOM Act clearly outlines the obligation the relevant force or body has in acting on recommendations by INDECOM.

“Section 23 of the INDECOM Act sets out the obligation for the relevant body to ensure the recommendations for action that are received from INDECOM are complied with and this is clearly stated in Section 23 (1) of the Independent Commission of Investigations Act,” he said.

He continued: “If the responsible head of the security forces decide not to comply with any such recommendations, this should be communicated to the commission giving reasons. Where there is non-compliance, the commission shall make a report to Parliament. This is mandatory, and this is cemented, reinforced at Section 23, subsection 2 paragraph b of the INDECOM Act.”

Faulkner reiterated that INDECOM investigations commence because citizens of Jamaica or a person in Jamaica lodges a complain.

“INDECOM has a duty to inform the complainant who are properly interested parties of the outcome of their complains. Our investigations cannot be said to be fully completed unless we are made aware and provided the result of the disciplinary recommendations, and so it is essential that a fulsome and complete result is provided by the JCF,” he explained.

For the period July to September 2021, the commission received 329 categories of complaints from 259 incidents for the period. The top five categories of complaints include: assaults (102), discharge of firearm (54), unprofessional conduct (31), fatal shooting (27) and threat (19).

ainsworth.morris@gleanerjm.com