The Police Complaints Authority (PCA) has recommended that the Director of Public Prosecutions (DPP) charge police officers for attempted murder and shooting with intent in two unrelated incidents.
These were two of the most serious recommendations to be made to the DPP in the PCA’s first quarterly report for 2024. Four recommendations were made to the DPP’s office in total.
Additionally, the PCA advised the Commissioner of Police to consider disciplinary action for 12 matters. Among them was a recommendation for an officer who allegedly took absence without leave or was late for duty.
In the attempted murder case, two civilians were shot in a car park in July 2013 after a fight broke out following a boat cruise. One of the civilians sustained a gunshot wound to the head.
The two civilians were charged with possession of a firearm and ammunition, but the matter was dismissed for want of prosecution in July 2022.
As for the shooting and wounding with intent, a man was at his business place in May 2017 when officers entered and cautioned him about possession of illegal firearms, ammunition and dangerous drugs.
The businessman said after a search, he was assaulted by the officers and was shot by two of them in the left leg. Several charges were also laid against him, including possession of marijuana for trafficking, possession of a Chinese chopper to commit an indictable offence, and assaulting a police officer during the execution of his duties.
The civilian spent 51 days at the Maximum Security Prison. In January 2019, the court upheld a no-case submission for possession of marijuana for trafficking and possession of a Chinese chopper to commit an indictable offence. The court further found the civilian not guilty of all other offences.
Later that year, the civilian filed a claim against the Attorney General for trespass to property, assault and battery, grievous bodily harm, false imprisonment and malicious prosecution. In May last year, he was awarded $415,000 with interest.
“To date, no action has been taken by the TTPS against the officers for the events that occurred as it relates to this incident,” the PCA report noted.
Contacted yesterday on the report, Police, Social and Welfare Association president, ASP Gideon Dickson, said the TTPS must conduct its investigation into the matters and allow the chips to fall where they may. However, he sought to remind the public that police officers are innocent until proven guilty, just like civilians.
Nonetheless, he questioned why the PCA was also probing disciplinary matters against officers, as noted that the PCA Act established the authority as an independent body to investigate criminal offences involving police officers, police corruption and serious police misconduct, as well as other related matters.
“When you hear offences such as obscene language and offences such as neglect of duty, those are not gross misconduct. The PCA shouldn’t be trying to import themselves into matters that are not within their purview to be dealing with,” Dickson said.
However, PCA director David West defended its investigations, saying the authority determines serious offences based on section 150 of the Police Service Regulations 2007.
“We should be dealing with all complaints under the act made against officers of a disciplinary nature. The Police Complaints Division does that but we do that also, so there is a duplication of investigations,” he said.
Matters referred to CoP for the consideration of disciplinary proceedings:
Discreditable conduct – 4
Neglect of duty – 9
Disobedience to orders – 2
Absence without leave or being late for duty – 1
Unlawful or unnecessary exercise of authority – 1
Matters referred to DPP for consideration of institution of criminal proceedings:
Using obscene, indecent or profane language – 1
Shooting or wounding with intent – 1
Misbehavior in public office – 3
Attempted murder – 1
Larceny – 1