INDECOM Has No Power To Arrest Cops: Appeals Court Rules

 

 

The court of appeals has just made an earth-shattering ruling today.
In a 2-1 decision, the court ruled that INDECOM has no power of arrest and as such has no power to arrest and charge any member of the JCF.
We will say more after we have seen the decision.

UPDATE TO THIS STORY>
This publication wishes to congratulate DSP Dyer who stood up to a bully and was not swayed in the face of what this publication and this writer has long maintained was the action of a rogue commission and a narcissistic media hogging commissioner whose  sole goal it seems is to solidify power in order to use it against the nation’s security forces.

In 2014 Dyer was convicted for interfering with an INDECOM probe and fined $800,000.Dyer challenged the ruling and took the matter to the high court.
We also wish to congratulate the Appeals court which interpreted the law as it is configured and made the appropriate ruling.
The Dyer case emerged from an incident in which INDECOM went to the Central Village Police Station to confiscate the weapons involved in a shooting case involving the police.

https://www.indecom.gov.jm/wp-content/uploads/2016/11/INDECOM-Act.pdf

DSP Dyer refused to hand over the weapons and was subsequently subpoenaed to appear in the Half Way Tree Resident Magistrate Court where he was fined the outrageous sum.
Fortunately, DSP Dyer was not cowed by that ruling and decided that the courts are there for all Jamaicans, not just a few. This ruling by the high court quashes Dyer’s conviction and sends an earth-shattering message to INDECOM that tyranny will not suffice.

The agency has a responsibility to impartially investigate and turn over it’s findings to the duly constituted office of the Director of Public Prosecution.
We cannot have a rogue agency of Government going off on its own sowing discord in the law enforcement community as hundreds of Jamaicans are murdered each month.

This ruling is not a victory for rogue cops, it is balanced ruling for good cops who want to do their jobs. Advocacy works.
My regards to my young intellectual friend who just told me this ruling paves the way for the newly appointed Commissioner of Police Major General Anthony Anderson to be successful.
An awesome point of view in light of the murder rate.

I once again call on this Government to repeal this onerous crime enhancement law now.