Lightbourne backs INDECOM
Published:Tuesday | March 1, 2011 | 12:00 AM
Says law gives Williams power to charge cops
Livern Barrett, Gleaner Writer
ATTORNEY GENERAL and Justice Minister Dorothy Lightbourne, who piloted the Independent Commission of Investigations (INDECOM) bill through the Senate, says it was the intention of lawmakers to give the commission powers to lay charges against members of the security forces accused of wrongdoing.
Amid the swirling controversy that has placed INDECOM and the Office of the Director of Public Prosecutions (DPP) on a collision course, Lightbourne yesterday told The Gleaner that "Section 20 (of the INDECOM Act) speaks to that".
The minister's statements came by way of Kahmille Reid, communications adviser in the Ministry of Justice.
Section 20 of the INDECOM Act states: "For the purpose of giving effect to sections 4, 13 and 14, the commissioner and the investigative staff of the commission shall, in the exercise of their duty under this act, have the like powers, authorities and privileges as are given by law to a constable."
VALID POINT
Opposition Senator K.D. Knight told The Gleaner yesterday that the likelihood of a conflict between the two offices was pointed out when the bill to establish the commission was debated by a joint select committee of Parliament last year.
"It was not seen as a valid point then. But what is happening now tells me that the point was valid," said Knight.
The former minister of national security and justice said he hopes both sides can work through the difficulties.
"Because if they don't, one of the offices is going to be brought into disrepute," he warned.
The controversy between INDECOM and the DPP's office began unfolding last Friday after INDECOM investigators arrested and charged police Corporal Malica Reid for the alleged murder of Negril businessman Federick 'Mickey' Hill.
Corporal Reid was taken before the Savanna-la-Mar Resident Magistrate's Court where he was remanded during the morning session.
Authority questioned
Hours later, however, he was freed on bail after his attorney indicated that the DPP has not yet ruled on the case and raised questions about INDECOM's authority to file the charge.
The case, which is being watched by legal observers, will again come before the Savanna-la-Mar Resident Magistrate's Court this morning.
Yesterday, DPP Paula Llewellyn said she will give her ruling by the end of this week. But INDECOM boss Terrence Williams told reporters that any ruling by Llewellyn now is irrelevant.
"The DPP now ruling on the file as to whether or not he (corporal Reid) should be charged is no longer of any significance," Williams said during a press conference at his New Kingston offices yesterday.
"If the DPP rules that there is not enough for him to be charged then the next step is to enter a nolle prosequi and that's something we would challenge in the courts," he declared.