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Issue 1 No 2 Quarterly Newsletter of the Jamaica Police Federation January 2020

Our fight to protect our members’ rights…

INDECOM vs The Jamaica Police Federation

n the year 2010, the Independent Commission Investigators (“INDECOM”) the Commissioner of
of Investigations Act was implemented, and INDECOM and /or initiate a prosecution against
Isince then, the Police Federation has sought to any person in respect of any offence arising from a
protect the constitutional rights of all members of completed or ongoing investigation.
the Jamaica Constabulary Force (JCF).
Whether any (and, if so, what) limitations or restric-
We have made it abundantly clear, that we have no
tions arise in respect of such a prosecution or its
issue with an oversight body and their roles and
initiation. Whether a claim of uncertainty about the
function if they are clearly defined. We understand
lawfulness of a request made by an INDECOM
that in any civilized society, accountability of the
investigator can amount to a lawful justification for
state apparatus is critical to law and order and the failure to comply with that request.
maintenance of good relations with the public.
That said, our concerns lie with the deviation from the Whether a claim by a police officer that he or she is
Act, by the Terrence Williams led team, who believes following the instruction of a superior officer can
that they have the right to act contrary to the Act and amount to a lawful justification for failure to comply
to violate the human and constitutional rights of with a request made by an INDECOM investigator.
members of the Jamaica Constabulary Force.
FACTS
On February 3, 2020, our local and UK based In October 2011, the Police Federation, Merrick
barristers represented the position of the Police Watson (Chairman of the Police Officers
Federation in the case JCPC 2019/0098- Association), the Special Constabulary Force
Jurisdiction, Court of Appeal Jamaica. INDECOM Association and Delroy Davis (President of the
sought to have overturned the ruling of the local United District Constables Association) brought a
Appellate Court that had ruled in favour of the claim in the Supreme Court of Jamaica seeking
Police Federation etal. administrative order(s) and/or constitutional redress
under section 25 of the Constitution of Jamaica on
This matter concerned whether the Independent two main grounds.
Commission of Investigations Act (Jamaica) (1) The first was that the Commissioner had
(“ICIA”) or any other statute or the common law purported to exercise powers of arrest and
empowers the Independent Commission of charge for criminal offences pursuant to section

Cont’d on page 3

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