News

When cops are charged

THERE ARE REPORTS that six policemen are to be charged with murder in connection with the controversial shooting of four persons including two women in Kraal, Clarendon on May 7 last year.

The practice is that the files involving offences allegedly committed by the police are sent to the Director of Public Prosecutions (DPP) who after reviewing the files decides whether charges should be instituted or not.

In January this year six policemen were charged with murder arising from the controversial shooting of seven youths in a house in Braeton, St. Catherine in March 2001. The case is pending before the court.

"I have noticed that when policemen are to be charged the DPP always make a ruling in the matter. I am not familiar with the procedure but is it only in police matters that the DPP makes a ruling before they are arrested and charged? Are the cases airtight, that is, does a conviction usually follow when the DPP makes a ruling?" a returning resident queried.

There are many cases involving civilians, particular in complex cases, some of which involve cases of fraud that files are sent to the DPP for a ruling to be made. After the files are sent to the DPP, if additional statements are required, the DPP will direct the policemen in charge of the investigation to get the additional statements. In other words when the DPP makes a ruling in a matter all the necessary statements should be ready. The Crown has a responsibility in law to hand over all of the statements collected in a case, to the defence.

The cases in which the DPP makes a ruling are not necessarily airtight and it does not follow that there must be a conviction. There are several cases in which DPPs over the years have made rulings and accused persons have been freed after the evidence has been presented in court.

Under the Constitution of Jamaica the DPP has the power to institute, take over or discontinue criminal proceedings at anytime before a verdict is handed down.

Section 94 (3) of the Constitution states that "the Director of Public Prosecutions shall have the power in any case in which he considers it desirable so to do" to institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offence against the law of Jamaica. The section states also that the DPP has the power to take over and continue criminal proceedings that may have been instituted by any other person or authority. It states also that the DPP has the power to discontinue criminal proceedings at any stage before judgment is delivered by the court.