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Terrence may or may not be correct that INDECOM has the authority to charge a COP but there is no arguing that the DPP has the right to issue a nolle prosequi and deal with the matter herself.
Lets hope that Terrence finds another way to get a judgement of whether or not he has the authority to proceed with the DPP on future charges or Dorothy does something useful and introduce a bill and amend the INDECOM Act to clearly give him that authority.
Lets hope that Terrence finds another way to get a judgement of whether or not he has the authority to proceed with the DPP on future charges or Dorothy does something useful and introduce a bill and amend the INDECOM Act to clearly give him that authority.
INDECOM's case against cop thrown out; DPP takes over
BY HORACE HINES Observer staff reporter hinesh@jamaicaobserver.com
Thursday, March 17, 2011
<A href="mailto:?subject="INDECOM" s news JamaicaObserver.com? - Online News Jamaican | INDECOM-s-case-against-cop-thrown-out--DPP-takes-over_8535255 www.jamaicaobserver.com http: over?&body="Link:" takes DPP out; thrown cop against case>
SAVANNA-LA-MAR, Westmoreland — The hearing to determine whether a case against Corporal Malica Reid, charged with last year's shooting death of hotelier Frederick 'Mickey' Hill, was properly brought before the Savanna-la-Mar Resident Magistrate's Court was discontinued yesterday.
Director of Public Prosecutions (DPP) Paula Llewelyn issued a nolle prosequi in the matter, effectively throwing the case out.
When the matter was called up, Senior Resident Magistrate Lyle Armstrong noted that the case could not proceed as the court was in possession of correspondence from the DPP indicating that her office would be taking over the matter.
Reid was arrested and charged on February 25 on the directive of INDECOM Commissioner Terrence Williams and hauled before the courts.
He was, however, freed on bail shortly after his lawyer Carolyn Reid-Cameron — who strongly challenged INDECOM's authority to file the charges — indicated that the matter was awaiting a ruling from the DPP.
Subsequent to that, Williams argued that the law did not prohibit him in the case against Corporal Reid, who is alleged to have killed Hill on the Norman Manley Boulevard in Negril on November 4, 2010. He articulated that "the ordinary citizen has a right to bring a criminal before the court lest the law prohibits him".
But yesterday Williams threw his full support behind the DPP.
"The Director of Public Prosecutions has entered a nolle prosequi in the case and the director is minded to do certain things, which we at INDECOM largely are in favour of, but I cannot say anything now until those further things are done.
"The proceedings in Savanna-la-Mar are finished and the director will take it from here. We are going to give her office and her prosecutors all the support that we can give from here on," Williams told reporters.
Read more: http://www.jamaicaobserver.com/news/...#ixzz1Gqr88iGx
BY HORACE HINES Observer staff reporter hinesh@jamaicaobserver.com
Thursday, March 17, 2011
<A href="mailto:?subject="INDECOM" s news JamaicaObserver.com? - Online News Jamaican | INDECOM-s-case-against-cop-thrown-out--DPP-takes-over_8535255 www.jamaicaobserver.com http: over?&body="Link:" takes DPP out; thrown cop against case>SAVANNA-LA-MAR, Westmoreland — The hearing to determine whether a case against Corporal Malica Reid, charged with last year's shooting death of hotelier Frederick 'Mickey' Hill, was properly brought before the Savanna-la-Mar Resident Magistrate's Court was discontinued yesterday.
Director of Public Prosecutions (DPP) Paula Llewelyn issued a nolle prosequi in the matter, effectively throwing the case out.
When the matter was called up, Senior Resident Magistrate Lyle Armstrong noted that the case could not proceed as the court was in possession of correspondence from the DPP indicating that her office would be taking over the matter.
Reid was arrested and charged on February 25 on the directive of INDECOM Commissioner Terrence Williams and hauled before the courts.
He was, however, freed on bail shortly after his lawyer Carolyn Reid-Cameron — who strongly challenged INDECOM's authority to file the charges — indicated that the matter was awaiting a ruling from the DPP.
Subsequent to that, Williams argued that the law did not prohibit him in the case against Corporal Reid, who is alleged to have killed Hill on the Norman Manley Boulevard in Negril on November 4, 2010. He articulated that "the ordinary citizen has a right to bring a criminal before the court lest the law prohibits him".
But yesterday Williams threw his full support behind the DPP.
"The Director of Public Prosecutions has entered a nolle prosequi in the case and the director is minded to do certain things, which we at INDECOM largely are in favour of, but I cannot say anything now until those further things are done.
"The proceedings in Savanna-la-Mar are finished and the director will take it from here. We are going to give her office and her prosecutors all the support that we can give from here on," Williams told reporters.
Read more: http://www.jamaicaobserver.com/news/...#ixzz1Gqr88iGx