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Appeal Court reserves judgement in INDECOM matter

The Appeal Court has reserved judgement on the application filed by the Independent Commission of Investigations (INDECOM), which is seeking to take its legal battle with the Police Federation to the UK-based Privy Council.
 
INDECOM has also applied to the Court to stay its landmark ruling that the investigative agency does not have the power to arrest, charge or prosecute members of the Jamaica Constabulary Force.
 
INDECOM says it wants the Privy Council to settle the matter as since the Appeal Court handed down its ruling in March it has been unable to lay charges against members of the force following investigations.
 
INDECOM also argued cases now before the island's courts are in danger of being thrown out by judges.
 
But in their rebutal, attorneys for the Police Federation opposed the application for the stay and highlighted the agreement between INDECOM and the Director of Public Prosecutions (DPP).
 
Under the agreement, all INDECOM files are now submitted to the DPP for rulings.
 
Lead attorney Jacqueline Samuels-Brown argued that the fate of  police officers who INDECOM asserts it has a right to prosecute hangs in the balance, with the pending challenge before the Privy Council. 
 
In arguing against the stay, she told the panel that if the Privy Council rules that INDECOM has no power of arrest or to prosecute, that could nullify any conviction secured as a result of INDECOM's prosecutions.
 
She said until the Privy Council rules, INDECOM should not proceed with any other prosecutions, adding that the Director of Prosecutions office is capable of carrying out these matters. 
 
                                                                       


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