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The Beat
Protecting our Members’ Rights…
INDECOM vs The Jamaica Police Federation
cont’d from page 1
20 of the ICIA which were unfounded on any Appeal Justices:
reasonable interpretation of the Act, as against Lord Kerr, Lord Hodge, Lord Lloyd-Jones,
the Constitution of Jamaica, or under the Lord Briggs, Lord Kitchin.
common law.
It was an arduous task for the members of the
(2) The second was that the Commissioner’s claim
Central Committee who grappled with the enormity
to and exercise of powers of arrest and charge
of the cost to defend the judgement awarded on
were contrary to the Police Service Regulations
behalf of the Police Federation etal. Whilst we were
and infringed on the claimants’ legitimate
not the only respondents, there was no support from
expectation to a ruling from the Director of
the joint respondents. We persevered and through
Public Prosecutions before members of the
sheer ingenuity was adequately represented at the
Police Force are arrested and charged for any
Privy Council to the annoyance of INDECOM.
criminal offence.
INDECOM in presenting its arguments to secure a
The claim was unsuccessful before the Supreme favourable ruling, presented the Jamaica
Court of Jamaica, although the court did accept (as Constabulary Force as a state rogue agency, out of
was agreed between the parties) that the ICIA did control as they dissected the Michael Gayle case
not confer a power to charge. The claimants which gave rise to INDECOM (our words).
appealed to the Court of Appeal of Jamaica, which However, our attorneys were not daunted by the
reversed the decision of the Supreme Court of negative picture and delivered with clarity and
Jamaica in part. The Commissioner now appeals to precise information our case.
Her Majesty in Council.
We wish to offer sincere gratitude to the many
In separate circumstances in November 2013, persons who assisted our efforts. To our local based
Albert Diah, a Deputy Superintendent of Police attorneys, Queens Counsel, Mrs. Jacqueline
employed by the Jamaica Constabulary Force, was Samuels- Brown and Attorney at Law and Barrister,
charged with two offences under section 33 of the Miss Althea Grant, who gave their all and facilitated
ICIA. The prosecution was initiated by Dave the communication with the Solicitors in the United
Lewin, Director of Complaints of INDECOM. Mr. Kingdom (UK). Our UK based Solicitors led by Mr.
Diah was convicted in October 2014 and sentenced Theo Soley, we owe a debt of gratitude. Our own
the following month. He appealed successfully to Commissioner of Police, Major General Antony
the Court of Appeal of Jamaica, which quashed his Anderson, who stepped in when it seemed all hope
conviction and set aside his sentence. Mr. Lewin was lost. The Permanent Secretary in the Ministry
now appeals to Her Majesty in Council. of National Security and the Director in charge of
the Jamaica Constabulary Force Finance Branch,
Parties we say thanks. To the members who called to offer
Appellant(s): Commissioner of the Independent words of encouragement, we made the sacrifices for
Commission of Investigations all of us.
Respondent(s): Police Federation; Merrick Watson The matter was concluded on February 5, 2020. We
(Chairman of the Police Officers Association) eagerly await the ruling and trust that once again
Special Constabulary Force Association the previous ruling in our favour will be upheld.
Delroy Davis (President of the United District
Constables Association)
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