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The Constitutional Court has ruled that the Independent Commission of Investigations (INDECOM) has the power under common law as well as the INDECOM Act to arrest members of the Jamaica Constabulary Force.
The application questioning INDECOM’s powers was brought by several police groups including the Jamaica Police Federation, the Police Officers’ Association and the United District Constable’s Association against INDECOM, the Attorney General’s Department and the Office of the Director of Public Prosecutions.
The application was filed after INDECOM investigators arrested and charged corporal Malica Reid with the murder of Negril businessman Frederick ‘Mickey’ Hill in November 2010.
In their ruling handed down today, Justices Horace Marsh, Lennox Campbell and David Fraser said: “The powers of the INDECOM Commissioner and his investigators in no way dilute the DPP’s constitutional authority to continue, takeover or discontinue any prosecution.”
They also said there is no requirement for prior ruling by the DPP before members of the police force can be arrested and charged by INDECOM and its investigators.
INDECOM was established by the Parliament in 2010 to investigate allegations of misconduct by members of the security forces
The application questioning INDECOM’s powers was brought by several police groups including the Jamaica Police Federation, the Police Officers’ Association and the United District Constable’s Association against INDECOM, the Attorney General’s Department and the Office of the Director of Public Prosecutions.
The application was filed after INDECOM investigators arrested and charged corporal Malica Reid with the murder of Negril businessman Frederick ‘Mickey’ Hill in November 2010.
In their ruling handed down today, Justices Horace Marsh, Lennox Campbell and David Fraser said: “The powers of the INDECOM Commissioner and his investigators in no way dilute the DPP’s constitutional authority to continue, takeover or discontinue any prosecution.”
They also said there is no requirement for prior ruling by the DPP before members of the police force can be arrested and charged by INDECOM and its investigators.
INDECOM was established by the Parliament in 2010 to investigate allegations of misconduct by members of the security forces
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