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The CG versus the DPP was a no contest but INDECOM versus the DPP looks like real fight. Terrence is a good boy.
INDECOM head, DPP could clash in court over ‘Mickey’ Hill case
Legal fight looms
BY ERICA VIRTUE Observer writer virtuee@jamaicaobserver.com
Tuesday, March 01, 2011
TERRENCE Williams, who heads the office of the Independent Commission of Investigations (INDECOM), yesterday served notice that he is prepared to mount a legal challenge if Director of Public Prosecutions (DPP) Paula Llewellyn rules against pursuing an indictment against the policeman charged in the shooting death of hotelier Frederick 'Mickey' Hill.
At a press conference yesterday afternoon, Williams dismissed news that the DPP could rule on the contentious case by the end of the week, saying Llewellyn's ruling at this stage was no longer relevant.
"The DPP now ruling on the file as to whether he (Corporal Malica Reid) will be charged is no longer of any significance. If the DPP rules that there is not enough for the man to be charged her next step is to enter a nolle prosequi (no case submission) if she so desires, and that is something we can review in the courts, and we would review," he said.
Williams called the press conference amidst public debate as to why INDECOM's case against the cop had stalled Friday.
Radio Jamaica and its sister station TVJ had reported Saturday that the magistrate, who had not seen a ruling from the DPP's office regarding the case, deemed it improper to proceed and the cop was released.
But Williams, in defence of his office against concerns that it may have taken the cop before the court prematurely, said if INDECOM were to sit and wait on the DPP's ruling it would be contributing to the infringement of the rights of accused persons.
The INDECOM chief and the DPP were at odds on the weekend with Williams insisting in an interview with the Sunday Observer that his office acted properly in charging the policeman without the say-so of the DPP.
"The law does not require a ruling. I believe INDECOM is better placed than the police force is, as regards making a decision whether a murder case is made out... and therefore there is no impropriety with INDECOM proceeding without the DPP's ruling," Williams said yesterday.
He asserted that in a murder case, a police officer arrests ordinary citizens who are suspects, without a ruling from the DPP. The case goes before a magistrate who determines if a prima facie case has been made out, or if there is enough preliminary evidence on which to proceed.
It is based on this principle that the DPP rules for, or against, indictment.
Yesterday, Williams was of the view that both offices have reached this roadblock because the law has been "mis-stated".
"We are here because persons have, I believe, over this weekend, mis-stated the law," he said. "Persons, I believe, have given an impression that INDECOM has done something unusual."
Prior to his deciding to press charges against the accused cop, the INDECOM commissioner said he had been waiting in vain for a formal response from the DPP's office as to when a ruling would be made in the case and complained that the process was too way too long.
"There are some offences in the statute (for) which the DPP must permit prosecution, before a prosecution can be launched," said Williams. "The law does treat the police constable and the soldier as regards charging for murder in a different way than it treats the ordinary citizens. So, if you think of it, if the police officers are going to charge 'John Brown' for murder, they do so all the time without any ruling from the DPP."
Williams told reporters that over the years a protocol was established allowing the DPP's office to offer a pre-charge opinion in these cases.
"What has happened is that over the years they have taken on a practice to seek the DPP's advice. Perhaps sometimes there is a difficult issue of law; perhaps sometimes the police detective would like to have his opinion confirmed by someone learned in the law. It is a very good arrangement to get a second opinion if one is desired," he said.
While there was no such formal protocol between his office and that of the DPP, Williams said he was not averse to seeking this pre-charge or second opinion of the prosecutors' office if needs be.
However, he said he felt that this was not an efficient system, especially where on average that second opinion was taking over a year to come.
It was the INDECOM head's view that this practice was contributing to delays in the court system, something he said he made clear in a February 14, 2011 letter to Llewellyn,
In that letter he said, "there has been an inordinate delay in getting rulings from the DPP's office; and these delays weaken the resolve of witnesses and generally do not contribute to the efficient dispensing of justice".
In fact, he declared that his office would not be shackled by the DPP's delays and offered Llewellyn a compromise of sorts "...that with regards to decisions to charge (the accused), INDECOM adopt procedures similar to that of the Jamaica Constabulary Force (JCF) when charging the ordinary citizen. This would be without prejudice to your constitutional remit to discontinue the prosecution where, in your exclusive discretion, this is necessary. Perhaps this arrangement could be assisted by your issuing charging instructions and standards."
INDECOM last week arrested and charged Reid -- who is assigned to the Mobile Reserves -- following an identification parade at the Savanna-la-Mar Police Station. Reid is alleged to have killed Hill on November 4, 2010 without cause on the Norman Manley Boulevard in Negril, Westmoreland.
Read more: http://www.jamaicaobserver.com/news/...#ixzz1FLrltTYB
INDECOM head, DPP could clash in court over ‘Mickey’ Hill case
Legal fight looms
BY ERICA VIRTUE Observer writer virtuee@jamaicaobserver.com
Tuesday, March 01, 2011
TERRENCE Williams, who heads the office of the Independent Commission of Investigations (INDECOM), yesterday served notice that he is prepared to mount a legal challenge if Director of Public Prosecutions (DPP) Paula Llewellyn rules against pursuing an indictment against the policeman charged in the shooting death of hotelier Frederick 'Mickey' Hill.
At a press conference yesterday afternoon, Williams dismissed news that the DPP could rule on the contentious case by the end of the week, saying Llewellyn's ruling at this stage was no longer relevant.
"The DPP now ruling on the file as to whether he (Corporal Malica Reid) will be charged is no longer of any significance. If the DPP rules that there is not enough for the man to be charged her next step is to enter a nolle prosequi (no case submission) if she so desires, and that is something we can review in the courts, and we would review," he said.
Williams called the press conference amidst public debate as to why INDECOM's case against the cop had stalled Friday.
Radio Jamaica and its sister station TVJ had reported Saturday that the magistrate, who had not seen a ruling from the DPP's office regarding the case, deemed it improper to proceed and the cop was released.
But Williams, in defence of his office against concerns that it may have taken the cop before the court prematurely, said if INDECOM were to sit and wait on the DPP's ruling it would be contributing to the infringement of the rights of accused persons.
The INDECOM chief and the DPP were at odds on the weekend with Williams insisting in an interview with the Sunday Observer that his office acted properly in charging the policeman without the say-so of the DPP.
"The law does not require a ruling. I believe INDECOM is better placed than the police force is, as regards making a decision whether a murder case is made out... and therefore there is no impropriety with INDECOM proceeding without the DPP's ruling," Williams said yesterday.
He asserted that in a murder case, a police officer arrests ordinary citizens who are suspects, without a ruling from the DPP. The case goes before a magistrate who determines if a prima facie case has been made out, or if there is enough preliminary evidence on which to proceed.
It is based on this principle that the DPP rules for, or against, indictment.
Yesterday, Williams was of the view that both offices have reached this roadblock because the law has been "mis-stated".
"We are here because persons have, I believe, over this weekend, mis-stated the law," he said. "Persons, I believe, have given an impression that INDECOM has done something unusual."
Prior to his deciding to press charges against the accused cop, the INDECOM commissioner said he had been waiting in vain for a formal response from the DPP's office as to when a ruling would be made in the case and complained that the process was too way too long.
"There are some offences in the statute (for) which the DPP must permit prosecution, before a prosecution can be launched," said Williams. "The law does treat the police constable and the soldier as regards charging for murder in a different way than it treats the ordinary citizens. So, if you think of it, if the police officers are going to charge 'John Brown' for murder, they do so all the time without any ruling from the DPP."
Williams told reporters that over the years a protocol was established allowing the DPP's office to offer a pre-charge opinion in these cases.
"What has happened is that over the years they have taken on a practice to seek the DPP's advice. Perhaps sometimes there is a difficult issue of law; perhaps sometimes the police detective would like to have his opinion confirmed by someone learned in the law. It is a very good arrangement to get a second opinion if one is desired," he said.
While there was no such formal protocol between his office and that of the DPP, Williams said he was not averse to seeking this pre-charge or second opinion of the prosecutors' office if needs be.
However, he said he felt that this was not an efficient system, especially where on average that second opinion was taking over a year to come.
It was the INDECOM head's view that this practice was contributing to delays in the court system, something he said he made clear in a February 14, 2011 letter to Llewellyn,
In that letter he said, "there has been an inordinate delay in getting rulings from the DPP's office; and these delays weaken the resolve of witnesses and generally do not contribute to the efficient dispensing of justice".
In fact, he declared that his office would not be shackled by the DPP's delays and offered Llewellyn a compromise of sorts "...that with regards to decisions to charge (the accused), INDECOM adopt procedures similar to that of the Jamaica Constabulary Force (JCF) when charging the ordinary citizen. This would be without prejudice to your constitutional remit to discontinue the prosecution where, in your exclusive discretion, this is necessary. Perhaps this arrangement could be assisted by your issuing charging instructions and standards."
INDECOM last week arrested and charged Reid -- who is assigned to the Mobile Reserves -- following an identification parade at the Savanna-la-Mar Police Station. Reid is alleged to have killed Hill on November 4, 2010 without cause on the Norman Manley Boulevard in Negril, Westmoreland.
Read more: http://www.jamaicaobserver.com/news/...#ixzz1FLrltTYB