These investigators do not have official police ranking

Oct 20, 2016 Letters

---

Dear Editor;
Editor’s note; this is the conclusion of Mr. Conway’s letter in our Tuesday edition which appeared under the caption; “These investigators are wrongly assigned by the police force.”
The Police Complaints Act supports the Police (Discipline) Act. It is in addition to, and not in derogation of the Police (Discipline) Act. It has not changed a word in the Police (Discipline) Act, more so the important section 5 which specifically deals with investigation of offences against discipline is clear. The word investigator is not mentioned in the Police Complaints Act. The Disciplined Forces Commission recommended that the PCA be provided with an investigative team (recommendations 58-60 refers).
These recommendations are what they are – unadulterated recommendations. To implement them, legislation must be put in place to give the employed PCA’s investigators the lawful power to investigate disciplinary breaches under the Police (Disciplined) Act. I felt that by now the Authority would have quietly taken steps to correct the sad state of affairs by ensuring that the investigators were given the appropriate ranks to investigate breaches of discipline or that the Act would have been amended to empower them or that they stop investigating breaches of discipline under the Police (Discipline) Act Chapter 17:01. Instead, the illegal activities continue unabated. As a result i am forced to re-open my case and make some further submissions.
Since my last letter to the editor in relation to the issue in question the Police Commissioner or the Police Service Commission has not bestowed the requisite ranks on the investigators so that they can properly investigate breaches of discipline under the Police (Discipline) Act or the Act was amended to accommodate them. They still continue to conduct investigation and submit reports to the GPF and perhaps the PSC for action to be taken against alleged defaulting members of the Force. Stabroek News October 03, 2016 reported on the activities of the PCA over the past months in an article under the caption,” Sixty-eight complaints against cops for neglect of duty-PCA Chairman”. There are also plans to employ more investigators. More investigators will mean more irregular investigations under the present system.
I did not look into the crystal ball, but here is what is likely to happen in time to come. A serious allegation is made against a member of the GPF to the Authority. One of the current investigators conducts an investigation. A report is submitted to the GPF recommending disciplinary charges against the rank. The GPF agrees with the recommendation and directs that charges be laid. The rank is charged. He pleads not guilty. An inquiry is conducted. In order to prove his case the Presenting Officer calls the investigator to testify. The defaulter or friend moves to suppress the evidence obtain by the investigator in the course of his investigation. He submits that it was obtained as a result of a breach of section 5(1) of the Police (Discipline) Act Chapter 17:01. It is the forbidden fruit of a poisonous tree. He argues that the investigator should not be allowed to testify in relation to the evidence he adduced during the investigation and that there is no case for the defaulter to answer.
The fair-minded trial officer agrees with the submission and recommends to the disciplinary authority that the case against the defaulter be dismissed.
The disciplinary authority agrees with the officer who conducts the inquiry and the defaulter is set free of the charge, all because the investigator breached section 5(1) of the Police (Discipline) Act. Would this be considered a travesty of justice? Several persons including the aggrieved complainant and I will think so. Generally, whenever members of the Guyana Police Force are found guilty of breaching the disciplinary code they are dealt with in a swift, certain and appropriate manner.
This may include dismissal, reduction in rank, interdiction, loss of pay, transfer, denied promotion, lost of seniority, verbal and written warning. Recently and quite correctly David Ramnarine DSM, Acting Commissioner of Police pressed the delete button to abbreviate the services of thirty members of the GPF. I understand that his finger is still on that button.
In enforcing this type of negative discipline it is imperative that investigators and the disciplinary authority do not trample on the rights of the police as laid down in law however infinitesimal they may be. The rights of police ranks that are embedded in the Laws of Guyana must be protected. Hammer the police personnel whenever they transgress, but, please do not trample on their rights. On the other hand be swift to reward them for outstanding performance. Justice must not only be done but must also appear to be done. Let justice and fair play prevail.
Clinton Conway
Assistant Commissioner Police (Retired)

---

---