INDECOM Commissioner Terrence Williams - file photo
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Terrence Williams
INDECOM Commissioner Terrence Williams has admitted that the recent ruling by the Court of Appeal is a major blow to the agency.
He has expressed concern that the decision could derail other INDECOM cases being heard in court.
The Appeal Court recently ruled that INDECOM does not have the power to arrest, charge or prosecute members of the Jamaica Constabulary Force.
Speaking on RJR's talkshow programme, Hotline, Wednesday afternoon, the INDECOM boss said the agency is proceeding with its application to go to the UK Privy Council to challenge the ruling despite the Justice Minister urging it to accept the decision.
"It is a decision that leaves a lot of uncertainty...so we feel that there is a need to petition our highest court, which under our arrangement now is the Privy Council, for the issues to be looked at again," Mr. Williams purported.
He said INDECOM is awaiting a hearing date from the Appeal Court registrar.
Despite howls of protest from members of the Jamaica Constabulary Force, the INDECOM Commissioner has insisted that most fatal shootings involving the police are not prosecuted by the agency.
"The charging standard is a very high standard. It is reasonable likelihood of conviction. It is 'Do we think that it is more likely than not that a jury will convict?'. So we are charging under 10 per cent, in fact, nearer to five per cent, and the others we are putting to the coroner so that inquest can be held," Mr. Williams told Hotline host Dr. Orville Taylor.
The agency is investigating 40 fatal shootings involving the police since January.
Mr. Williams has expressed frustration that legislative amendments to give INDECOM the requisite powers to carry out its mandate have not been passed in Parliament.
"From very early on we wrote to Parliament, made reports asking for amendments; a Parliamentary committee met about four years ago and said 'yes, we are going to do these amendments' and nothing has happened," he lamented.
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