In the seven months since they have been appointed, the four independent investigators at the Police Complaints Authority (PCA) have so far looked at 206 complaints made against police ranks including corruption, using unnecessary violence and neglect of duty.
PCA Chairman retired Chancellor of the Judiciary Cecil Kennard has since said that he will soon be putting in a request for more investigators given the amount of complaints received.
The current investigators are retired Inspector of Police Gladwyn Hercules, who previously worked at the Office of Professional Responsibility (OPR); retired Senior Superintendent of Police Frederick Caesar; retired Inspector of Police Sydney Charles and retired Captain of the Guyana Defence Force Cecil Ramnarine. They took up office on April 1 and are based at the PCA, located in the building obliquely opposite the Business School where the Office of the Ombudsman and the Land Court are housed.
According to Justice Kennard about half of the complaints were rejected, while in some of the others the investigations are still pending or action against the police were recommended.
He said the recommended actions were either departmental charges or criminal charges; he could not recall the amount of criminal charges recommended.
“Where we consider them of a trivial nature, we may just invite the [police officer/s] to come in and give them a little warning so in those cases we don’t recommend any disciplinary hearings. [If] …the offence [is] very trivial …to put the rank through departmental hearings wouldn’t serve any useful purpose but if he is given a warning he may very well pull up his socks,” he stressed.
The majority of the complaints were concerned with neglect of duty; this includes failure to record a report, failure to investigate a matter, failure to contact all witnesses, failure to send exhibits to be analyzed; failure to attend court when required to do. Some complaints have to do with corruption; using unnecessary violence during the course of an arrest or the killing of a person; illegal search of a property; wanting in servility – behaving in a manner that is likely to discredit the reputation of the Guyana Police Force.
He said the corruption complaints have not been in the majority. “We had quite a few corruption cases. I have found people are afraid to come forward. The few who have come forward we have dealt with it,” he said, adding that recommendations to charge were only made in those instances where there was enough evidence to “stand up in court.”
Criminal charges were recommended for corruption and those matters are now before the court, Kennard said, though he could not give a number.
A person wishing to make a complaint needs to visit the PCA office and speak with one of the investigators. Kennard explained that a statement is then taken or a prepared statement about the complaint is accepted. The complainant will be asked whether there are any witnesses and if so their names and contact information are collected. Those persons are then invited in to meet the investigators along with the rank identified in the complaint. Based on the nature of the complaint, an investigation will be conducted.
The accused rank, Kennard said is asked to make a response to the complaint, either written or taken by one of the investigators.
More investigators
The PCA Chairman informed that early in the new year, he will be asking for an increase of at least two investigators given the workload the present batch has. He said the investigators are not currently encountering any difficulties as the problems they would have been faced with in the past have since been dealt with and are resolved.
Last year September, about a month after approval was granted for the establishment of the PCA’s investigative arm, the Home Ministry advertised for investigators. The advertisement said the sleuths would be required to assist in taking and investigating complaints, submit statements taken and prepare reports for the Chairman of the PCA.
Applicants were required to have at least seven years of experience in investigating criminal matters, particularly experience in the Criminal Investigation Department (CID) of the Guyana Police Force.
Twelve persons were interviewed by a five-member committee and the four were chosen.
The establishment of an investigative arm in the PCA was one of the recommendations included in the Disciplined Forces Commission report, which was submitted to the government over ten years ago.
Prior to this arrangement, the PCA which was established more than two decades ago had to rely on the police to probe complaints against their fellow policemen and women and this had been deemed unacceptable.
Kennard has been sitting at the helm of the PCA for the past eight years. He said that initially he was faced with a staff shortage problem but over the years those important clerical staff positions have been filled.
He said the office’s current location is ideal because it is accessible to all, even the infirm and the elderly given that it’s on the ground floor and if necessary, there are pockets of space in other parts of the building which could be utilized.
“To move from here will create a tremendous disadvantage to people who want to make complaints,” he stressed.
