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INDECOM asks Appeal Court to stay ruling while it takes 'powers' case to Privy Council

Lawyers representing the Independent Commission of Investigations (INDECOM) have applied to the Appeal 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.
 
The ruling which was handed down in March has blocked INDECOM from laying charges against members of the force.
 
INDECOM has applied to the Appeal Court for leave to take its challenge to the ruling to the Privy Council.
 
During submissions on Wednesday, INDECOM attorney Richard Small urged the Appeal Court to impose the stay until the dispute with the Police Federation is settled by the Privy Council.
 
According to him, INDECOM cases now before the island's courts are in danger of being thrown out by judges.
 
He cited four instances in which cases brought by INDECOM have been dismissed since the ruling, adding that defence attorneys have served notice that they will be seeking to nullify cases brought by the agency against their clients.
 
Mr. Small told the panel of judges that the stay would effectively block pending challenges against INDECOM cases now in court.
 
He also argued that since the ruling, INDECOM investigators have lost their procedural rights to initiate and conduct prosecutions, and their right to be actively involved in prosecution has also been reduced.
 
Attorneys for the Police Federation, who opposed the application, will respond on Thursday when the hearing continues.
 
 
 
 


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