Govt Refuses To Rein In INDECOM/​JCF Cops As In The UK Should Refuse To Carry Guns

The prob­lem of cor­rup­tion of one kind or anoth­er exists in Jamaica as it does in every oth­er police depart­ment in every coun­try across the globe in which humans are the police offi­cers. It does not mean how­ev­er that we should not con­tin­ue the quest for a more per­fect res­o­lu­tion to this vex­ing issue. As we seek to bring greater account­abil­i­ty, trans­paren­cy, and fideli­ty to pub­lic institutions.

With that said, were we to give cre­dence to the Jamaican naysay­ers who crit­i­cize the police one would walk away believ­ing that the police depart­ment is so rot­ten that the only solu­tion is to scrape it all up and put it in a garbage bin to be picked up for the Riverton dump.

Sure they want you to believe that the police is total­ly and com­plete­ly cor­rupt. When they tell you that, put up a hand and say “hush” to the blath­er­ing gib­ber­ish and actu­al­ly look at the facts for the real story.
The cyn­ics and detrac­tors will tell you that doing a com­par­a­tive analy­sis is the equiv­a­lent of sup­port­ing slack­ness in the JCF. Of course, that kind of non­sense is a part of the cycle of unwill­ing­ness to deal with issues of this nature objec­tive­ly and honestly.

The truth of the mat­ter is that police cor­rup­tion is a seri­ous degen­er­a­tive can­cer which dimin­ish­es the moral high ground offi­cers of the law must have in order to effec­tive­ly do their jobs. Unlike in any oth­er dis­ci­pline, the stain and stench of cor­rupt police offi­cers tend to stain and stink their col­leagues with poten­tial­ly greater consequence.

In the United States, for exam­ple, a cop ask­ing an errant motorist for a cou­ple of dol­lars to pur­chase lunch is lit­er­al­ly non-exis­tent, because they are not des­ti­tute or unable to find mon­ey to pay for their own lunch. That is not to say that in many cities across the United States police offi­cers do not rob drug deal­ers of their illic­it gains, but they are gen­er­al­ly paid enough of a liv­ing wage so they do not have to scrounge ille­gal­ly in order to survive.

A cop who ask a motorist for a bribe is an embar­rass­ment to him­self and to his depart­ment, a cop who fal­si­fies a report and sends an inno­cent per­son to prison for a crime he nev­er com­mit­ted wrecks lives, fam­i­lies, and destroys communities.
And so when we hold both sce­nar­ios up nei­ther is good but one is far worse than the other.

In a per­fect world, I pre­fer not to have an offi­cer who pulls me over try to shake me down for mon­ey, but I would much rather a cop asks me for lunch mon­ey because he is hun­gry, rather than a cop who plant­ed drugs on me because he did not like the col­or. of my skin.
Now that we have done the par­al­lels I hope you at least under­stand that in the greater scheme of things the JCF is not irredeemable,despite what the naysay­ers tell you.

Listen as Mike break this issue down in a sim­ple yet hon­est and pre­cise way.

BERATING THE POLICE

Former Minister of National Security Robert Montague would cer­tain­ly not have been my first choice for Minister of National Security at the time he was giv­en the job. I guessed Montague real­ized that he did not bring much if any exper­tise to the job, and so he set out to learn on the job.
He did stum­ble like we all do, but if Bobby Montague did noth­ing else, he cer­tain­ly endeared him­self to the aver­age cop and he absolute­ly endeared him­self to this ex-cop.
Bobby Montague under­stood the impor­tance of morale in a job like polic­ing and he worked to restore morale with marked suc­cess before he was moved to a dif­fer­ent job.

Speaking on the con­stant bad mouthing of the police Bobby Montague spoke to a truth that many do not want to hear in our country.
The Inspectorate Branch of the JCF, Montague argues, esti­mates that the JCF is 5% cor­rupt. con­verse­ly, the dar­ling of the elit­ist class INDECOM, assess­es that the JCF is 3% corrupt.
Now we all would like to have a police depart­ment that is 0% cor­rupt but since we no longer source our offi­cers from the plan­et Utopia, we take the 3% and work to low­er that number.
So much for the notion police can­not police itself, nev­er­the­less, that is not the point of this arti­cle. It is impor­tant to under­stand that unless we fix some of the struc­tur­al defi­cien­cies in the police vis-a-vis low wages, poor lead­er­ship, and lack of resources as they also exist across the wider soci­ety, cor­rup­tion will per­sist and will be expo­nen­tial­ly dif­fi­cult to eradicate.

Former nation­al secu­ri­ty min­is­ter Robert Montague

As was to be expect­ed, Bobby Montague’s call fell on deaf ears. In our coun­try which is essen­tial­ly one of the most, if not the most anti-police coun­tries in the world, hat­ing and berat­ing the police guar­an­tees instant fame and suc­cess. Given the high crime rate, the con­tin­ued tear­ing down and dis­re­spect­ful behav­ior direct­ed at the police is direct­ly tied to the tra­jec­to­ry of seri­ous crimes.
The Government has not led by set­ting an exam­ple. It has not devised a strat­e­gy for the coun­try to fol­low by sup­port­ing the police unequiv­o­cal­ly. In fact, the Minister of Justice is open­ly hos­tile to the police and the rule of law despite cos­met­ic appear­ances which seek to give an illu­so­ry effect that his min­istry does.

Not only that, shock­ing­ly, there are agen­cies with­in the Government which are active­ly hos­tile to the police, some­thing lit­er­al­ly unseen in any oth­er coun­try. It defies log­ic that a Government would tol­er­ate one agency active­ly mil­i­tat­ing against anoth­er agency of the said gov­ern­ment. Least of all, one as crit­i­cal as the agency tasked with nation­al security.

Not only is INDECOM antag­o­nis­tic to the police depart­ment, the jus­tice min­istry, under the lead­er­ship of Delroy Chuck is inher­ent­ly hos­tile and ded­i­cat­ed to being inju­ri­ous to the police. Additionally, the office of the pub­lic defend­er, anoth­er agency of the gov­ern­ment is open­ly hos­tile, that agency is con­spic­u­ous­ly and glee­ful­ly works against the police depart­ment. The Government does nothing.
It is the clas­sic per­son­i­fi­ca­tion of an enti­ty can­ni­bal­iz­ing itself to the detri­ment and cha­grin of the coun­try and its law-abid­ing citizens.

Jamaican police officers

In recent times the Appeals Court ruled that INDECOM has no pow­er under the statute to arrest police offi­cers. That rul­ing also stat­ed cor­rect­ly that INDECOM must inves­ti­gate and sub­mit the find­ings of it’s inves­ti­ga­tions to the Director of Public Prosecutions.
At the same time, the courts opined that INDECOM’s agents may arrest police offi­cers using their com­mon-law pow­ers of arrests. The same pow­ers every cit­i­zen has to arrest an offend­er if he/​she observes a crime being committed.

The lat­ter part of the rul­ing which speaks to com­mon law arrests was indeed asi­nine as ordi­nary cit­i­zens may only arrest if they see a crime being com­mit­ted. INDECOM’s agents can­not and do not observe police offi­cers being com­mit­ted in their view and so what­ev­er arrests they may have made are illegal.
Immediately after the rul­ing the com­mis­sion­er of INDECOM, Terrence Williams argued that the rul­ing was a win for him and his agency as they had only arrest­ed on com­mon law.
It is impor­tant to under­stand that since INDECOM’s agents can­not and have not seen police offi­cers com­mit­ting crimes then the arrests they made were ille­gal arrests and were a clear infringe­ment of the con­sti­tu­tion­al rights of those officers.

Since then Terrence Williams has filed a motion to the Judicial Committee of the Privy coun­cil in England to stay the Appellate court’s deci­sion and has reversed his orig­i­nal state­ments to the local press that the rul­ing was a win for him and INDECOM, stat­ing that he spoke too soon after the ruling.
INDECOM as an agency of the Government is clear­ly a rogue agency which does not answer to the Government or is going about this clear­ly with the bless­ings of the Andrew Holness Administration.

Justice Minister Delroy Chuck.Inherently anti-police. In no oth­er coun­try would a per­son hos­tile to police offi­cers be a min­is­ter of jus­tice or allowed in gov­ern­ment, except in Jamaica.

Immediately after the rul­ing Delroy Chuck the min­is­ter of Justice jumped into the fray, stat­ing cat­e­gor­i­cal­ly that the intent of the par­lia­ment was to give the pow­er of arrest to INDECOM at the time the leg­is­la­tion was drafted.
That state­ment can­not be true, regard­less of the incom­pe­tence of the framers of the leg­is­la­tion, if the intent was to give pow­ers of arrests to INDECOM, which would essen­tial­ly be an act of cre­at­ing anoth­er police force, the lan­guage would have been clear and unequivocal.

Since then a few legal minds have argued that inves­ti­ga­tors should not pros­e­cute their own inves­ti­ga­tions. Despite the state­ment of intent com­ing from Delroy Chuck that he intends to see that the pow­er of arrest is giv­en to INDECOM, Terrence Williams has stat­ed that he can­not wait for that to happen.
This is a seri­ous breach of pro­to­col if ever there was one. It seems that INDECOM is oper­at­ing with­out any over­sight or supervision.
A super agency answer­able to no one, all while using the tax-pay­ers mon­ey, almost $300 mil­lion of it per year, in addi­tion to the slush of for­eign mon­ey which pours into the agen­cy’s cof­fers to mount legal bat­tles and chal­lenges in court.

PRECEDENT FOR THIS

Far from being an author­i­ty on this, I have decid­ed to look at oth­er coun­tries in our hemi­sphere to see whether there exist any police over­sight Agency which inves­ti­gates arrests and does its own pros­e­cu­tion. In New York city the Civilian Complaints Review Board (CCRB)is staffed by lawyers who hear com­plaints against the city’s 36’000 plus offi­cers but charges are referred back to the police Commissioner for dis­ci­pli­nary action.
In cas­es where there may be crim­i­nal con­duct by police, inves­ti­ga­tions are car­ried out and dealt with by the District Attorney as in all oth­er cases.

According to the Observer​.com, shock­ing­ly, the main rea­son police in the UK are unarmed is because the offi­cers refuse to car­ry guns. They have a sen­si­ble rea­son for not want­i­ng guns. Maybe Jamaican police should adopt this pos­ture and not take on the stress of real­ly doing polic­ing the real way.

Every time some­one is shot by the police in the UK, the case is referred to the Independent Police Complaints Commission (IPCC). In prac­tice, this means the offi­cer is inves­ti­gat­ed by his pro­fes­sion­al stan­dards body auto­mat­i­cal­ly and can face the sack and pros­e­cu­tion if it rules against him. These inves­ti­ga­tions are lengthy, stress­ful, and car­ry a huge amount of risk for the offi­cer con­cerned. In fact, they are so feared that not only do the police refuse to be rou­tine­ly armed, spe­cial­ist firearms teams strug­gle to find can­di­dates will­ing to do the job.

The INDECOM act was draft­ed and mod­eled after this sys­tem in the UK, the fact that Hamish Campbell is in Jamaica is a tes­ta­ment to that fact. Nevertheless despite all of the for­gone, the Investigative Agency the (IPCC) still does not arrest and pros­e­cute cops who are to be charged with a crime.
The report went on to say quote: To be clear, police have worked out that it’s safer to be unarmed when fight­ing thugs and ter­ror­ists than it is to risk being hung out to dry by their lead­er­ship and the IPCC. http://​observ​er​.com/​2​0​1​7​/​0​4​/​r​e​a​s​o​n​-​b​r​i​t​i​s​h​-​p​o​l​i​c​e​-​u​n​a​r​m​ed/

Hamish Campbell and Terrence Williams

Most vio­lent crimes com­mit­ted in the UK, even ter­ror­ist acts, are car­ried out by assailants who use knives or vehi­cles as their weapons of choice to kill and maim.
The rea­son for that is that it is incred­i­bly dif­fi­cult for peo­ple to get their hands on guns in the UK, which has extreme­ly strin­gent gun laws, as opposed to the US which has more guns than peo­ple and Jamaica which is awash in legal and ille­gal guns.
For those advo­cat­ing for INDECOM, it is impor­tant that there is some clar­i­ty on this issue as it relates to why that kind of over­sight which may work for now in the UK, is extreme­ly haz­ardous and fool­ish for Jamaica.

If the Government per­sists in allow­ing INDECOM to do as it pleas­es cops must refuse to car­ry guns as the British police have done.
We can­not ask our offi­cers to go out and face dan­ger­ous killers then cru­ci­fy them when they use lethal force against those same killers.

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