♦ The commissioner of INDECOM is empowered to direct both security agency heads, to carry out and effect change to their respective agencies , even though they are ultimately responsible for the effectiveness of their agencies. If this was not so potentially damaging it would be laughable. Whose idea was this? This authorization by legislators is a clear abdication of legislative responsibility. If changes are to be made by these important Agencies those changes should only be made by the people’s representatives in the cabinet after much consultations and debate. This power is now shoved into the purview of an egotistical narcissist, Terrence Williams who seem to have a serious Napoleonic complex. ♦ Sections of the Act literally forces police officers to self incriminate, it forces them to give statements promptly when they are forced to use force even as they are traumatized and should have the benefit of counsel. This clearly is not a constitutional insert, and legislators should know that. It is antithetical to a persons right against self-incrimination. The Police and it’s Union should have guarantees under the laws against self-incrimination. This is not a given under Jamaica’s Banana-Republic Kangaroo-leftist liberal courts. ♦ The Act gives (indecom) the power to investigate all cases of shooting, fatal or otherwise . This gives the impression that every instance where the police uses force regardless of propriety, the police are left looking like suspects. This particular area of the law is not just counter productive to good law enforcement it is a colossal waste of time and money. It does a serious dis-service to police officers who, even when they risk their lives are left looking like criminals suspects and open to concocted criminal charges.This is borne out by the very findings of the very agency which is tasked with these investigations. In a submission to Parliament (indecom) head Terrence Williams reported that in the majority of cases investigated by his office, police officers acted properly in the actions they took. What then is the need for all cases of police shootings to be investigated in light of those comments, if not to intimidate and Hog-tie police hands? ♦The police federation chairman stated that (indecom )approaches all cases from a prosecutorial perspective. That happens when you allow a narcissist to undertake an impartial task. There are no instances in the Industrialized world and I daresay any place else, where police officers are second-guessed in the lawful execution of their duties, or subject to investigations for doing their jobs. Investigations are initiated when there are credible reasons to conduct investigations. Jamaican cops are subjected to making life and death decisions against some of the world’s most deranged killers, if they survive they likely risk lengthy imprisonment because the demon killed is connected to the very people who write the legislation. this cannot be allowed to stand. In fact the police federation chairman has detailed the effect this is having on officers he represents.
Wilson said members reported great mental stress brought on just by thinking about their personal welfare and inability to finance legal representation. According to the Police Federation head, INDECOM has been using coercion to compel members to give statements without the benefit of persons having legal consultation. According to Wilson, the frequent demands by INDECOM for members, especially operation support units that play a critical role in high crime areas, to visit their offices in pursuance of their investigations have significantly depleted the operational strength of these units.”The manner and methodology employed by INDECOM could seriously compromise national security especially if confidential sources are revealed,” Wilson added. He said there were clear instances which suggested that INDECOM in their quest to prosecute police officers would go to any length to obtain information, even if it means compromising confidential sources. Read more: http://www.jamaicaobserver.com/news/Cops-getting-unfair-treatment-from-INDECOM–says-Wilson_15358222#ixzz2jnLUfVSG.
This law is a bad piece of legislation. There needs to be vigilant police oversight, this law is not the answer. The INDECOM Act needs to be repealed, there needs to be serious discussions involving all stake-holders. Serious police science research data must be applied configuring such facts to Jamaica’s unique situation. Jamaican researchers should be excluded from this process because of their lack of understanding of law enforcement complexities and it’s importance to a stable society. As the inept Government empowers an oversight agency to harass law-enforcement crime continues to head north. Fewer and fewer people are returning to the country to live. Less and less investment dollars are heading to the country. In fact reports show that over the last decade the number of returning residents have been cut by 50% . This is not happening in a vacuum, the leadership of the country is showing serious inabilities to govern the country. Continued erosion of the rule of law is unacceptable.
This law places officers lives at risk , causes the unintended consequences of massive loss of civilian lives and emboldens criminals. It should be repealed and replaced.