Latest update November 23rd, 2024 1:00 AM
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Colwyn Harding assault…Policemen could be charged – Kennard
If the policemen under scrutiny are found culpable for the baton rape of Colwyn Harding, they would more than likely be charged with inflicting grievous bodily harm.
However, the investigation that is being conducted by the responsible agency must be able to make the charge stick, Chairman of the Police Complaints Authority, Justice Cecil Kennard told Kaieteur News yesterday.
Police Complaints Authority Chairman Cecil Kennard
He was responding to questions pertaining to the hiring of a separate and Special Investigator for the probe into the prominent Harding baton-rape case.
The Chairman was also speaking on the length of time that is taking to complete a thorough and comprehensive investigation to make the case against the police ranks accused of shoving a condom-covered police baton up the anus of the 23-year-old Georgetown resident.
Justice Kennard told Kaieteur News that in some cases involving death, serious injuries, discharging a loaded firearm etc. Section 12 of the Police Complainants Act 1989 caters for the police force to send its investigation file to his office before that file is sent to the Office of the Director of Public Prosecutions (DPP).
It is then sent back to the Police Commissioner if the report is not done properly and then back to the Police Complaints Authority before the DPP receives it; provided that the report is now properly completed.
Justice Kennard feels, however, that to hire an independent or special investigator for the Harding case “would make no sense.” When asked about sections of the law that allow for an independent or separate investigator probing the Harding case, the Chairman opined that there was no need to “waste money” to hire such a person, when in his opinion, the DPP, Mrs. Shalimar Hack, “is quite capable and competent of handling the matter.”
He said that he has heard of the talks about a separate investigator probing the Harding matter. “What makes Harding’s case different from others or special?”
He asked whether the DPP is not independent. The DPP, he charged, has handled other serious cases.
Justice Kennard went on to say that in any case that is probed, it is not just a necessity to find a prima facie case against those accused but to ensure, “a realistic prospect of (the case’s) success.”
Kennard explained that the case should be solid to the point that it will not be easy for the accused to appeal the matter and get off.
“In the Harding case”, he added, “The victim is making the accusation against the police, who have so far denied.
There are no other witnesses to vouch for Harding’s story and therefore the case depends heavily on medical reports”.
He added that although he is not in receipt of the independent local and foreign medical report provided by Harding’s Attorney Nigel Hughes through Harding’s civil support group, all documents will have to be taken into consideration if charges are recommended.
Harding, in the meantime, appeared at the Providence Magistrate’s Court on Tuesday for the continuance of his alleged peace officer assault case. Harding is on $50,000 bail for the alleged assault.
To date none of the police officers accused of assaulting and sodomising Harding with a police baton has been charged.
Harding claimed that late last year he was beaten and baton raped by police officers in search of petty thieves. It is alleged that in the wee hours of the morning, the police officers, along with officers of the Community Policing Group stormed the house Harding was occupying and assaulted him.
Harding was allegedly beaten over a period of days. He suffered internal injuries which had to be repaired by several surgeries conducted both locally and overseas.
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