INDECOM Report - Safeguarding the Right to Life

Safeguarding the Right to Life: Issues from Investigations of Jamaica's Security Forces in 2012

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Searching for truth, striving for justice


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March 29, 2013

The Honourable Speaker of the House of RepresentativesMr. Michael PeartGordon House81 Duke StreetKingston

Att: Clerk of the House, Mrs. Heather Cooke

Re: Report to Parliament - INDECOMPursuant to Section 17(3) (c) and 30 (2) of the INDECOM Act 2010, it is an honour to present to you, the IndependentCommission of Investigations’ Report for tabling in the House of Representatives.

Sincerely,Terrence WilliamsCommissioner of the Independent Commission of Investigations



Table of Contents

Commissioner’s Message i

Directors of Complaints – INDECOM Jamaica ii

Executive Summary iii

PART ONE: THE RIGHT TO LIFE

Chapter 1: The Right to Life 1

Chapter 2: Accountability for Taking Life 5

Chapter 3: Use of Deadly Force 9

Recommendations 15

PART TWO: DEATH BY CONFRONTATION WITH MEMBERS OF THE SECURITY FORCES

Chapter 4: Background of Investigation and Terms of Reference19

• Case Studies and Findings

Chapter 5: Legal Framework – Local Law 22

Chapter 6: De-Institutionalisation of the Mentally Ill 23

Chapter 7: Best Practice When Dealing with the Mentally Ill 27

Chapter 8: Analysis of the Problem 29

Recommendations 32

PART THREE: DEATH IN CUSTODY

Chapter 9: Background of Investigation and Terms of Reference35

Chapter 10: The Legal Framework 38

Chapter 11: The Jamaica Constabulary Force’s Existing Guidelines 40

Names of The Deceased - Police Area 46

Chapter 12: Other Jurisdictions – International Best Practices 47

Chapter 13: Analysis of the Problem 50

Recommendations 54


PART FOUR

APPENDIX A

(ON COMPACT DISC - CD):

CLOSED AND CURRENT INVESTIGATIONS:

COMMISSION’S REPORT LOG SHEET

CURRENT INVESTIGATIONS: CASE MANAGEMENT REPORTS

Jamaica has for some time maintainedan average of about two hundred(200) persons being killed each yearby members of the security forces.

This is, by any reckoning, a high rate. Raisingthis fact often excites the rival argumentsthat our crime rate is high on the one hand,and that the police must curb their excessiveuse of force, on the other hand. Botharguments as causative analysis suffer thedisadvantage of assuming facts that have notbeen proven. Certainly, by the law ofaverages, one can assume that all of thekillings are unlikely to be either justified orunjustified, but this is unsatisfactoryreasoning for such an important issue. The state must strive for everyone to knowwhether each killing was justified or not. Agenerally held feeling that agents of the statecan act with impunity regardless of our mostfundamental of rights will lead to mistrustand challenge the moral argument for thestate’s monopoly on the use of force. Thecredibility of a determination as to whetheror not a killing was justified will come frompublic trust in the investigation and anyprosecution or disciplinary hearing that

might follow an investigation. Theinstitutions so charged must be impartial,effective, open and act with all due dispatch.The problem with Jamaica’s high rates offatal incidents involving the police surroundthe measures that exist to determinewhether each killing was justified or not. Inrelation to these fatalities the nation has seenprosecutions collapse or not mountedbecause of inadequate investigations andpoor institutional practices. Slowness, lackof independence and the apparent difficultyto ascertain the truth has reduced publicconfidence. Internal investigation by thepolice of their colleagues was not onlycontrary to law but unsatisfactory to thepublic. In this endeavour INDECOM plays a vitalrole as the independent investigator witheffective powers to get to the truth. This isan important development, but it is not theend of the journey. There are otherimportant steps that need to be taken beforeJamaica can claim full and true respect forall of our lives. The wheel need not bereinvented as there is a full slate of measuresand best practices decided and

recommended by international courts andorganisations. Juxtaposing the high rate of killings by theagents of the state against these untakensteps to ensure accountability reveals theproblem: Jamaica has not yet taken all of themeasures to secure and protect the right tolife. This report highlights these issues andsuggests further development of ourprotection of life. The Commission’s members of staff

considers every human life important andare required to give all due attention to everyinvestigation of the taking of a life. Fromthis vantage point they see the currentsystemic and legal problems challenging therespect for life. This report also considersthe killing of mentally ill persons and deathsof people in police custody. Theseunfortunate deaths reoccur without anyapparent effort to learn something fromeach and to thereby forestall repetition.The Commission trusts that this report willprovoke discourse and then action.n

Commissioner’s Message

Mr. Terrence Williams Commissioner - INDECOM

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INDECOM’s Directors of Complaints

Mr. Nigel Morgan, JP.Jurisdiction: Kingston, St Andrew,

St. Thomas

Rev. Dr. Gordon EvansJurisdiction: St. James, Westmoreland,

Hanover, Trelawny

Ms. Sara-Ruth Allen, JP.Jurisdiction: Manchester, St. Elizabeth,

and Clarendon

Mr. Floyd McNabbJurisdiction: St. Catherine

Lt. Col. (Retired) Paul Dunn, JP.Special Cases Unit

(All-island jurisdiction); Portland, St. Mary, St. Ann

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The Independent Commission of Investigations currentlypresides over 1,600 cases, inclusive of fatal and non-fatalmatters. These cases span the length and breadth of the

island, and are being investigated by the three offices – the CentralRegional Office in Mandeville and the Western Regional Office inMontego Bay. The parishes with the highest number of fatalities areKingston, Clarendon and St. Catherine respectively. In 2012, theCommission initiated 219 investigations into fatalities involving thesecurity forces. Of this figure March had the highest number (35),and May (10) having the lowest. Safeguarding the Right to Life is a comprehensive report whichfocuses on three (3) areas that the Commission believes ought to betaken into consideration based on its remit. Part One of the reportaddresses the right to life of every Jamaican. Part Two addresses tworelated issues that plague the security forces and the society on thewhole, these include death in custody and death of the mentally illwhen in confrontation with the police.

THE RIGHT TO LIFEThe inalienable right to life of any citizen of Jamaica is fundamentaland ought not to be unjustifiably curtailed by another private citizenor an agent of the State. The right to life involves an obligation notto take life but to safeguard and protect life, and in the event that alife is taken, a procedural obligation for an independent, adequateand effective investigation. This enquiry must be treated with greatimportance and must also be accessible to relatives of the deceasedand open to public scrutiny. Additionally, the investigation must beso effective that it can lead to the appropriate punishment of thepersons responsible for this breach of the right to life withoutjustification. The report highlights recent jurisprudence on the scope of theState’s obligation to safeguard the right to life, namely the case ofMichael Gayle v Jamaica in which the Inter American Commissionof Human Rights (IACHR) found that Jamaica was in breach ofinvestigative obligations concomitant to the right to life andrecommended that legislative changes be made to ensure that anyinvestigative mechanism employed by Jamaica to investigate the useof force by members of the security forces be compatible withinternational standards. Other countries that have ventilated similarbreaches include the Netherlands, in the case of Ramsahai vNetherlands where the courts also found that the investigationbreached procedural requirements of adequacy and independenceconsequent on the right to life. Investigations conducted in 2012 suggest that much improvementhas been made compared to the arrangements which existed at thetime of the unfortunate events in the Michael Gayle matter. Despitethe important steps towards ensuring that Jamaica’s investigativearrangements are compatible with international standards, the workof INDECOM is sometimes hampered by differing views amongststakeholders as it relates to our remit and authority. Independenceis challenged due to our reliance on the Jamaica Constabulary Force(JCF) for important parts of investigations. The continued slownessof investigations and some uncooperative practices of the security

forces, all contribute to the right to life being somewhat illusory. As it relates to initial accounts of incidents by members of thesecurity forces, getting prompt statements remains a major challenge.This culture of tardiness poses a problem as it relates to the risk ofcollusion. However in other countries, officers involved in a shootingare not permitted to go home until they have given their individualversions of what happened to the investigators. This entire challengenot only hampers the process of investigating, but generalaccountability for the taking of a life. The recommendations relatedto this challenge require that statements be given promptly and therisk of collusion be reduced. It is also recommended that state agentsnot be returned to duty in the area where the incident occurredwhilst under investigation.

USE OF DEADLY FORCEThe use of deadly force in effecting arrests is also addressed in thisreport. The existing laws, the Commission believes, needexamination in today’s context as they currently allow, in somecircumstances, for a person suspected of a felony attempting toelude the police to be stopped by the use of deadly force. This useof force may be disproportionate, especially if the offender doesnot pose a threat to anyone. It is the Commission’s view that theCourts will hold that common law principles on the use of force toapprehend a fleeing felon are incompatible with the Charter ofFundamental Rights. Parliament is asked to intervene and clarify thelaw and bring it in conformity with the Constitution.

DEATH OF THE MENTALLY ILL WHEN INCONFRONTATION WITH MEMBERS OF THE

SECURITY FORCES In 2011, six (6) persons were killed by police who were believed tobe of unsound mind and in none of those cases were any specialmeasures employed to handle a matter of this nature. Part Two ofthis report addresses the issue of the mentally ill being killed whenthey are in confrontation with the police. Based on our investigations, we submit that dealing with someoneof impaired reason may present a challenge to a constable seekingto apprehend him. That said, the JCF must train and instruct theirmembership on using force against a mentally disturbed person, asa police officer who kills a mentally disturbed person may be liablefor murder or for the tort of negligence. The JCF Training Manual gives guidelines as to how to treat witha mentally ill person. The most important guideline being that thementally ill person should be treated in an unhurried, calm,non-authoritative manner; in addition, the constable should notbecome angry and impatient if the mentally ill person seems to beignoring them. The Manual also states that the constable should haveadequate assistance, which is considered to be at least five (5) officersnearby. Nonetheless, our investigations suggest a lack of patience on thepart of the police when handling mentally ill persons as some 75 percent of confrontations with the mentally ill and the police end infatalities, while 25 per cent end in injuries. The numbers,

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Executive SummarySearching for truth, striving for justice

v

however, vary according to the Division in which it occurrs; forexample, Areas Two and Three accounted for 90 per cent of thefatalities involving mentally ill persons in confrontation with thepolice, and this was recorded for the period 2005 to 2012. We alsofound that in most of the cases, the mentally ill persons were knownto the police and were in possession of an offensive weapon whenthey were fatally shot. At this time, international best practices, theCommission believes, ought to be employed. The use of non-lethalweapons such as tasers are used in other countries as a way ofminimising the possibility of a fatality. Local mental healthprofessionals agree that non lethal alternatives are most appropriatewhen dealing with the mentally ill. The Taser itself is a self-defenceweapon and a good alternative to a firearm. Should this become analternative weapon to be used by the security forces, it isrecommended that a clear User Policy be developed andimplemented to ensure appropriate use. In this report, the Commission formulated recommendations thatit believes can reduce the incidence of fatality among this cohort.We thought it prudent to have a Medical Response Team for eachregion consisting of police officers with specialised training in deal-ing with the mentally ill and psychiatric aides. Also among the Com-mission’s recommendations was the implementation of ongoingrefresher courses in how to manage the mentally ill. These recom-mendations were made against the backdrop that the common trendsuggests that the police are ill-equipped and unprepared to handlesituations involving the mentally ill.

DEATH IN CUSTODYPart Three of this report addresses the issue of death in custody.In May 2011, it was brought to the Commission’s attention that in2008, a number of prisoners died while in custody at the PortAntonio Police Station. Checks were made thereafter and it wasrevealed that five (5) of these deaths occurred in the same stationduring the period 2005-2009. The Commission, consequently,launched an investigation into the death of prisoners while in thecustody of the police and these investigations further revealed thatat least 36 deaths have occurred between the years 2005 and 2012. The Commission is of the view that some of the conditions thatresult in the death of these prisoners can be prevented. Additionally,efforts made to access reports of investigations into these incidentsrevealed that these deaths were not well investigated. TheCommission also found that many of these persons who died incustody were mentally ill. We believe the right to life of any citizen triggers an obligation onthe state to preserve the citizen’s life, thus all measures must be takenin this regard. The report, in part, speaks to several areas in which theCommission found cause for concern, chief among them being thepractice of housing insane persons and sane persons in the samearea; the poor record-keeping mechanisms in place; cell conditionsand the investigations of persons who have died in custody. The recommendations formulated for this section of the report

emanated from these concerns and include the development andmaintenance of a compulsory assessment of prisoners concerningtheir propensity to commit suicide. Additionally, it wasrecommended that the officers be trained in how to handle thementally ill, and that cells be checked at least four (4) times in anhour where the assessment of the prisoner suggests that he may besuicidal. We thought it prudent to suggest timelines for all the recommen-dations given in this Report, therefore some of the measures weregiven timelines from 60-180 days.n


PART ONE:

THE RIGHT TO LIFE


Chapter 1: The Right to Life

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SUMMARYThe starting point must be full comprehension of the meaning and

scope of a citizen’s inalienable right to life. This right is fundamentaland must not be curtailed or derogated from, even during periods ofnational emergency. The right to life involves:

(a) a substantive obligation not to take life;(b) another substantive obligation to safeguard and protectlife, and(c) a procedural obligation for independent, adequate and effective investigation of the taking of a life. Suchinvestigations must be accessible to the relatives of the deceased and be open to public scrutiny.

The taking of life must always be subject to enquiry, and theenquiry assumes even greater importance once a death occurs at thehands of members of the security forces or other agents of the State.The object of such an investigation is to discover whether the forceused in such cases was or was not justified, and to identify and punishthose responsible. In that investigative quest, all the surrounding cir-cumstances must be considered including the planning of the opera-tion and the control of forces on the ground.Where the use of force is permitted, it must be shown that the

taking of life was proportionate, having regard to:

(a) the nature of the aim pursued;

(b) the dangers to life and limb inherent in the situation and;

(c) the degree of risk to life in the use of force employed.

THE REQUISITES OF A RIGHT TO LIFEINVESTIGATION: EFFECTIVENESS ANDINDEPENDENCEAn effective right to life investigation is one which is capable of

leading to the identification of wrongdoing and its perpetrators.Further, the investigation must be effective in the sense that it leadsto the punishment of those persons responsible for breaches of theright without lawful justification. Recent jurisprudence on the scope of the State’s obligation to

safeguard the right to life of everyone in its jurisdiction stipulates thatwhen the right is breached by members of the Security Forces orother agents of the State, an independent investigative mechanismmust be triggered which has no institutional or hierarchical connectionwith the forces or other agents of the State under investigation. In assessing that jurisprudence, the following requirements for

adequate, effective and independent investigations are:

(a) the investigation must be reasonably prompt and expeditious;

(b) efforts must be made to reduce the possibility of collusion among State agents before they give their initial reports to the independent investigator;

(c) the investigation must have the means to determine whether the use of force was justified and to identify and punish anyone implicated;

(d) the investigators must not have institutional or hierarchical connection with the State agents under investigation; and

(e) there must be reasonable public scrutiny and involve thenext of kin.

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THE RIGHT

The Constitution of Jamaica (as amended by the Charter ofFundamental Rights and Freedoms Act) states:

“13—(1) Whereas (a) the state has an obligation to promote universal respect for, and observance of,

human rights and freedoms;………

(2) Subject to sections 1 and 49, and to subsections (9) and(12), and save only as may be demonstrably justified in a free and democratic society:

(a) this Chapter guarantees the rights and freedomsset out in subsection (3) and (6) of this section andin sections 14, 15, 16 and 17; and (b) Parliament shall pass no law and no organ ofthe State shall take any action which abrogates, abridges or infringes those rights.

(3) The rights and freedoms referred to in subsection (2) are as follows:

(a) the right to life, liberty and security of the person and the right not to be deprived thereof except in the execution of the sentence of a court in respect of a criminal offence of which the person has been convicted”.

THE RIGHT TO LIFE JURISPRUDENCE ANDRELEVANCE TO INDEPENDENT ANDEFFECTIVE INVESTIGATIONS

Michael Gayle v Jamaica Case 12.418, Report No. 92/05delivered October 24, 2005

Facts On Saturday, August 21,1999 Michael Gayle, a young man of

obviously unsound mind, was severely kicked and beaten by somemembers of the security forces (Jamaica Constabulary Force andJamaica Defence Force) on duty at a curfew barricade. A police officerin the party arrested and charged Gayle for assaulting members ofthe barricade party and resisting arrest. The officer subsequently admitted that these were false charges. Gayle died from his injuriestwo (2) days later.The investigation was conducted by the Bureau of Special

Investigations (the BSI), an arm of the Jamaica Constabulary Force(the JCF). The area of the barricade was not examined for forensicevidence. No identification parade was conducted. Statements werenot collected from members of the security forces present until aweek had elapsed. Their uniforms and equipment were not examinedfor trace evidence.A Coroner’s Inquest ruled that all of the officers present were to

be charged, but the Director of Public Prosecutions demurred citinginsufficiency of evidence. Thus, no charges were laid.

IssuesThe most important issue in the case was whether Gayle’s right to

life had been breached given that:a. he was killed by agents of the State;b. there was no effective and independent investigation intohis death.

Jamaica accepted the first ground but denied the second.

RulingThe Inter American Commission of Human Rights (the IACHR)

found that Jamaica was in breach of the investigative obligations concomitant with the right to life. The IACHR thus recommendedlegislative changes to ensure that any investigative mechanism employed by Jamaica to investigate the use of force by members ofthe security forces and other State agents would be compatible withinternational standards.The IACHR further found that:

a. In the face of Jamaica’s high number of fatal incidents involving the security forces, the nation had a particularly high burden to show that investigations were adequate, effective, and independent. [88]; and

b. The BSI’s investigations were below the minimum international standards required. (See the Minnesota Protocol). [85][86][90][91].

In relation to points listed above, the IACHR had this to say:

“91. Further, the Commission cannot accept the State’scontention that its approach in interviewing security personnelone week after the incident was “methodical and diligent”.Security Force personnel were best placed to identify individual perpetrators,especially in view of the fact that identification lineups were not utilised as a meansof providing civilian witnesses with an opportunity to identify individual officers.

The IACHR’s third point on the issue of adequacy andeffectiveness was that the investigation should have been conductedfrom the outset by an authority independent of the JCF and the

By failing to carry out these interviewsexpeditiously, the State not only jeopardised the

reliability of any accounts given by officersconcerning pertinent events, for example through thecoordination of evidence, but also exacerbated thepossibility that the officers would refuse to

implicate one another, rendering it impossibleto substantiate individual responsibility basedupon the testimony of officers who were at the

scene.”

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Jamaica Defence Force (the JDF). This authority would have to beempowered to effectively investigate, leading to the charging ofpersons implicated. [94]In Gerville Williams et al v The Commissioner of INDECOM

[2012] JMFC 1, Sykes, J commented on the lack of independence ofthe BSI and the general public feeling as to the inadequacy of investigations prior to the Independent Commissions of Investigations Act. [130] – [132]Sykes, J and Williams, J were of the view that the Act was designed

to cure the ills of the past and to provide for investigations that canunearth “all information regarding any misdeed on the part of thesecurity forces”. [232],[366]

Ramsahai v Netherlands (2008) 46 EHHR 43 ECHR (GrandChamber)

Facts

R, being armed with a firearm, robbed V of his scooter. V immediately reported the matter to a police officer who caused it tobe broadcast on the police radio network. Officers Bruns and Bulstrasaw R on a scooter fitting the description broadcast. They confrontedR to apprehend him, there was a struggle and R got free. R drew thepistol, Bulstra drew his and ordered R to put down his weapon. R refused. Bruns approached R and R turned the weapon on him. Brunsdrew his and shot R in the neck. R died within minutes.After the shooting the Police Commissioner was reported to have

said that: “Whatever kind of committee of inquiry may be set up inaddition, I will not let them in.” Police from Bruns and Bulsrta’s department attended the scene,

conducted forensic examination, and canvassed for witnesses. The investigation was thereafter taken over by the State police force. TheState prosecutor ruled that the shooting was in self-defence.

Issues

The deceased’s family complained inter alia that the investigationbreached R’s right to life as it was not independent, effective or adequate for the following reasons:

a) key parts of the investigation were conducted by members ofthe same Force of which Bruns and Bulstra were members;

b) officers Bruns and Bulstra were questioned three (3) days afterthe incident giving them an opportunity to collude;

c) officers Bruns and Bulstra were assigned the same lawyer;

d) all the officers who arrived at the scene were not questioned asto what Bruns and Bulstra reported to them;

e) the precise trajectory of the fatal shot was not determined;

f) Bruns and Bulstra’s hands were not swabbed for gunshot residueand their weapons and ammunition were not examined;

g) the absence of reconstruction or postmortem diagrams; and

h) the Police Commissioner’s uncooperative statement.

Ruling

A. General Principles [321]-[325]The State’s obligation to protect the right to life implies that there

will be an effective investigation of the taking of a life. Theinvestigation must be aimed at enforcing domestic criminal and civillaws, and to ensure accountability of agents of the State for their useof force.The investigation must be independent in law and practice. There

must be no institutional or hierarchical connection between theinvestigator and the State agents suspected of being implicated.The investigation must be capable of determining whether the use

of force was justified, and identifying and punishing anyoneresponsible. The investigator must secure forensic evidence andwitness statements. The investigation must also have a measure ofpublic scrutiny as public confidence in the State’s monopoly on theuse of force is at stake.

B. Breaches The investigation breached the procedural requirements of adequacyand independence consequent on the right to life as:

a) the firearms and ammunition were not examined. There was noreconstruction, no postmortem illustrations, and no hand swabbing.[329];

b) although there was no evidence of actual collusion, Bruns andBulstra were not separated pending their giving statements and thestatements were taken after three (3) days. [330];

c) the independent investigator did not start his work until 15 hours had elapsed.[334];

d) essential parts of the investigation (including forensicexamination and door-to-door canvassing) were done by officers fromthe same force of which Bruns and Bulstra were members [335];

e) supervision of the investigators by another party (e.g. the Prosecuting Service) could not render the investigation independent.[337] Whilst the police could not be expected to remain passive until the independent investigator arrived, there were no special circumstances that permitted the local police from going beyond securing the scene. [338]

C. The Court further ruled that:

Whilst the public prosecutor was independent of the police,problems may sometimes arise where the prosecutor has a working

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Figure 1. Indicates the number of security force-involved fatal shootings in 2012 on a monthly basis. (Source: INDECOM Registry)

relationship with a particular police force. It would therefore havebeen better if a prosecutor unconnected to that police force had ruledon the case. [342] – [346]As investigative files may contain sensitive information, it is not a

requirement of the right to life that the investigator satisfies every request for disclosure. [347]- [350]The degree of public scrutiny of the investigation varies from case

to case. The test is whether the scrutiny is sufficient for accountability,fosters public confidence in the State’s use of force, and prevents anyfeeling of collusion or tolerance of unlawful acts. [353]

D. The Court found that:a) the shooting did not violate the right to life (unanimous);b) the investigation did violate the right to life in that it wasinadequate(13 to 4) and insufficiently independent (16 to 1);andc) awarded them EURO 20, 000 plus costs.

In Saunders and Tucker v IPCC [2008] EWHC2372, Ramsahai was applied and the Court criticised thepractice of police officers conferring before giving a state-ment and ruled that directives ought to be given to preventinvolved officers from colluding or to reduce the risk of in-

nocent contamination. n

POLICE FATALITIES 2012

OVERVIEWEfforts continue to ensure that the investigation of homicides

allegedly caused by agents of the State accord with the proceduralobligations described in the preceding chapter. Investigationsconducted in 2012 reveal much improvement when compared to thearrangements that existed at the time of the unfortunate eventsinvolving Michael Gayle.On the positive side, the Commission’s investigations are largely

independent and most police officers defer to the Commission’sauthority as regards processing scenes. The Commission is assiduouslyworking on the backlog of cases formerly investigated by the JCF’sBureau of Special Investigations and by the Police Public ComplaintsAuthority (the PPCA) whilst initiating contemporary investigations. Issues that remain surround the challenge to independence from

the Commission’s reliance on the JCF for important parts of the investigation, the continued slowness of investigations, and practicesof the security forces that can, in some instances, contribute to theright to life being illusory.

INDEPENDENCEThe Commission was established as an Independent Investigator

with broad powers. This was an important step towards ensuring thatJamaica’s arrangements became compatible with the internationalstandards, as expressed by the IACHR in Michael Gayle. Despite these

powers, the Commission’s work is sometimes hampered by differingviews amongst stakeholders as it relates to our remit and authority. The investigations conducted by the Commission depend heavily

on the JCF’s input regarding the conduct of identification parades.This issue was referred to in our report to Parliament, “Confrontingthe Challenges” (P. 28-32), and we await consideration of ourrequest for amendment of the statute.To enhance the effectiveness of investigations, the Commission,

with the grant aid of the United Kingdom’s Department ForInternational Development (DFID), has established its ownMicroscope Laboratory and engaged an internationally recognisedballistic expert. The Commission is pleased to have the resources tobegin to confront this backlog and is targeting by its third anniversaryto bring down average completion time for investigations.

INITIAL ACCOUNTS BY SECURITY FORCEPERSONNELThe Commission has organised itself to achieve well over ninety

per cent (90%) compliance with the standard of commencinginvestigations of a fatal event anywhere in Jamaica within two (2)hours of report. Full compliance will come with the establishment ofa regional office in the North East. The Commission’s investigatorshave also been instructed to require that police officers give them theirfirst-hand account within a few hours of the incident. The Commission continues to face difficulties in getting prompt

statements from security force personnel. This is important to endthe culture of tardiness in these investigations and to impedecollusion. The Commission notes that most modern police forces willnot permit police officers present at a shooting to go home from theirshift until the officers have given their individual versions to theinvestigator. In some cases investigated in the past year, seniorofficers permitted officers involved in shootings to go off duty with-out being available for interview by the Commission’s investigators.Getting a statement from a police officer under three (3) days of anincident remains exceptional.The Commission notes that the Full Court’s holding that the

Commission’s statutory power to require any person to answer aquestion or give a statement was not incompatible with theConstitution. This power is meaningless if the involved officer isunavailable when the Commission’s investigators arrive. Most modern police forces order their membership not to discuss

the case amongst themselves prior to being interviewed or giving astatement to the independent investigator. In Jamaica there is no suchprovision and, to the contrary, the JCF’s high command perceives thattheir members have a right to confer.

THE RIGHT TO LIFE MUST NOT BE AN ILLUSION

Bing Images

Chapter 2: Accountability for Taking Life

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The situation is not always bleak as, in a handful of cases, JCFsupervisory officers cause involved officers to remain at the scene orat the police station, fostering prompt interviews and statements. TheCommission is happy to report productive discussions with the PoliceFederation and the Special Constables Association so that they mightsensitise their membership as to the Commission’s operational aimsfor prompt statements. The Commission continues to engage JCFunits and formations in this regard. Nevertheless, on many scenespolice officers and soldiers appear unsure of the Commission’sauthority and express a desire that their respective high commandswould advise them by way of express policy or orders.

JCF POLICY AND THE ISSUE OFCOLLUSIONThe JCF Use of Force Policy is influenced by the European

Court of Human Rights’ (ECHR’s) jurisprudence on the right to lifeand by the United Nations Code of Conduct for LawEnforcement and the Basic Principles on the Use of Force andFirearms. The Use of Force Policy requires that personnel reporta discharge of firearm to their immediate supervisor “as soon aspracticable”. The supervisor must inspect the officer’s pocketbook toensure that an entry is made of the firing and the officer must fullydocument the circumstances1.

The Basic Principles on the Use of Force and Firearms insiststhat the state and JCF establish effective reporting and reviewprocesses for the investigation of cases of death or serious injury.These processes must include recognition of the jurisdiction ofindependent authorities and the courts2.The current JCF policy and the practices are deficient, in that, it

does not mandate measures to prevent concerned officers fromcolluding and, it does not fully recognise the remit of theCommission.The Commission reminds that our report “Confronting the

Challenges” noted a practice of conferring and vetting before policeofficers gave statements and recommended that the Commissionerof Police and the Chief of Defence Staff issue orders prohibiting

discussion of an incident by officers involved prior to giving astatement to the Commission3. Although the JDF’s response wasfavourable, the JCF demurred. The JCF said that they were unsure ofthe purpose of the recommendation and claimed that a police officerhad a right to “research among his colleagues”4. Since this report andthe security forces’ response were tabled in Parliament, little haschanged.The Commission returns to this important issue recognising that

the nation and the JCF intend and desire for policing to be rights-based. In this regard, the decisions of the ECHR in Ramsahai vNetherlands and the England and Wales High Court in R (Saundersand Tucker) v IPCC should assist the JCF in concluding that theircurrent practices and policies are not compliant with the constitutionalright to life. It is important to reiterate the legal principles:

“. ………that in the case of a fatal shooting by police officersthe State may be held to have violated Article 2 if, in the courseof the investigation required by the Article, adequate steps werenot taken to prevent the police officers directly concerned fromconferring before producing their first accounts of the incident;and that that is so even if it cannot be shown that they in factdid confer

………..the court would be very chary of a general practiceunder which officers who are key witnesses in an Article 2investigation are expressly permitted to collaborate in theproduction of their statements: the opportunity for 'collusion'is, so to speak, institutionalised.5”

It would seem that, with the greatest of respect, there is no rightto “research amongst his colleagues” and such practice is in factrepugnant to the right to life and unprofessional.Example can be drawn from the United Kingdom Association of

Chief Police Officers (ACPO) who, when confronted by this issue,modified their policy to prohibit acts of collusion. The ACPOManual of Guidance6 now provides:

“7.94 As a matter of general practice, officers should not conferwith others before making their accounts (whether initial orsubsequent accounts). The important issue is to individually recordwhat their honestly held belief of the situation was at the time forcewas used. There should therefore be no need for an officer toconfer with others about what was in their mind at the time forcewas used. If, however, in a particular case a need to confer on otherissues does arise then, in order to ensure transparency and maintainpublic confidence, where some discussion has taken place, officersmust document the fact that conferring has taken place, highlighting:

a) Time, date and place where conferring took place;b) The issues discussed;c) With whom; and d) The reasons for such discussion

7.95 There is a positive obligation on officers involved to ensurethat all activities relating to the recording of accounts is transparent

“...in the case of a fatal shooting by policeofficers, the State may be held to have

violated Article 2 if, in the course of theinvestigation required by the Article,

adequate steps were not taken to prevent thepolice officers directly concerned fromconferring before producing their first

accounts of the incident; and that that is soeven if it cannot be shown that they in fact

did confer


and capable of withstanding scrutiny.” [Emphasis added]

The Commission notes that the JCF’s Use of Force Policy andthe Chief of Defence Staff ’s instructions for the use of deadly forceare to be admired for their detailed guide to their members as regardsthe need for proportionality in the use of force; thereby helping tosatisfy the two (2) substantive State obligations regarding the right tolife. However, the problem is that, if members of the security forces

are not properly accountable by an effective investigative process, thesubstantive obligations associated with the right to life will not befulfilled, and the consequence of the failure to fulfil them is to renderthe right to life unreal and illusory. The Commission’s considered view is that the relevant forces ought

to take necessary steps to implement rules which require theirmembers to submit to the appropriate investigative process. At present, the reverse exists in Jamaica, especially as regards the

JCF where, the high command seems to maintain rigid adherence topractices which encourage collusion, thus minimising the effectivenessof an investigation. This is so notwithstanding that it is now patentthat such practices are inconsistent with the right to life. The Commission is of the view that the relevant forces and other

agents of the State need to continue in their progress towards rights-based actions by incorporating international best practices in formingthe requirement for accountability in the use of force. The Commission therefore recommends that the Commissioner of

Police, Chief of Defence Staff and Commissioner of Corrections issueorders to the members of their respective forces and auxiliaries pro-hibiting members - involved in, present at, the use of force against amember of the public where sexual assault, injury or death results -from conferring before giving their accounts to the Commission andrequiring that where, exceptionally, there has been some conferring,this be noted and fully disclosed.

ADMINISTRATIVE REVIEWSIn investigations conducted in 2012 the Commission has continued

to note that state agents involved in homicides are returned to fullduties within a few days of the incident - even controversial ones -following an internal review. In this determination the Commissionis never consulted.The internationally accepted principle is:

The JCF Use of Force Policy does not conform with theseprinciples. The policy provides:“On this point, the Court underlines the importance of

suspension from duty of the agent under investigation in orderto prevent any appearance of collusion in or tolerance ofunlawful acts.”7

“161. Although the criminal investigation may require some timeto reach a conclusion, the administrative investigation shall be of shortduration, reaching a preliminary judgment within forty-eight (48)hours of the incident. In each case when a member uses deadly force;the following procedure will be followed:

a. The Commanding Officer of the member involved shallrelieve the member from duties in any operationalassignment.

b. The Commanding Officer in charge may either assign themember to some administrative duty or relieve the memberfrom all police duties, pending the outcome of theadministrative review.

c. The Divisional Commander for the division in which theincident occurs or his designate and one member of the Bureau of Special Investigations (BSI) and the Assistant Force Chaplain shall conduct a preliminary investigation todetermine:

(i) If the shooting seem justified or not.

(ii) If Force Orders and procedures were followed or not and that the member’s physical and emotional state is suchthat he/she is capable of resuming normal police duties.

(iii) Submit a written report embodying all available facts through the Area/Branch Officer to reach the Commissioner of Police as early as possible and in any event, within 24 hours of the occurrence.

(iv) Where the members’ Commanding Officer is not the Officer in charge of the Division in which the incident occurred, it shall be the responsibility of the officer in command of the Division where the incident occurred to forward the report required (See (iii) above).

(v) The Commissioner shall reserve the right in all cases todetermine the return of the member to operationalduties within the 24 hours.”

The policy permits an officer to return to duty before theinvestigation is complete. The Commission has noted that in someinstances the constable is returned to full duties even where there isreason to doubt that the shooting was justified.The decision to return an officer to duty ought to await the

completion of the investigation for its full clearance. Unfortunately,the breach of the appropriate standards is sometimes exacerbated bythe officer under investigation being returned to do police duties inthe very community the incident took place. Certainly, these investigations can be protracted. We also

7

...the importance of suspension from duty of theagent under investigation in order to prevent any

appearance of collusion in or tolerance of unlawfulacts.”


8

acknowledge that the JCF’s deployment strength may suffer ifsignificant numbers of personnel are withdrawn from active duty,nevertheless, the JCF risks great public opprobrium when it returnsofficers suspected of being involved in controversial extra-judicialkillings to duty. The JCF may unwittingly encourage impunity whereit returns officers who have been uncooperative with officialinvestigations to full duty.In a particular investigation, the members of the police team that

were reportedly involved in the incident were returned to frontlineduties within days of the incident. Indeed one officer was laterpromoted. This decision was taken despite the Commission’sindication of the strength of the case at that time. The expressed suspicion of the BSI was that there were some

troubling issues concerning the shooting, the failure of all the officersto fully document what had happened, and the officer’s lack ofcooperation with the Commission’s investigation.When the Commission enquired into the matter, the Commissioner

of Police advised that the participation or recommendations of theCommission were unnecessary for the administrative review process. The Commission is puzzled that the JCF did not welcome the

Commission’s input given the fact that it was clear that it was

conducting an investigation and had information that the BSI was notyet privy to. The Commission further notes that the officers, in thatcase, were in breach of Force policy in not documenting theiraccounts. It is therefore recommended that the Commissioner of Police, the

Chief of Defence Staff and the Commissioner of Corrections issueorders that:(a) officers conducting reviews of incidents where force was used,

shall seek the input of the Commission’s Director of Complaints incharge of the investigation before determining whether policepersonnel involved in an incident (where the rights of a citizen havebeen allegedly abused) is returned to full duties pending thecompletion of the investigation;

(b) that members of their force not return to their full duties whilethe matter is under the investigation or trial; and

(c) prohibit a review panel from returning an agent of the State tofrontline duties where that agent is in breach of a request made pur-suant to Section 21 of the Independent Commission ofInvestigations Act. n

In a particular investigation, the members of thepolice team that were reportedly involved in theincident were returned to frontline duties withindays of the incident. Indeed one officer was laterpromoted. This decision was taken despite theCommission’s indication of the strength of the

case at that time.

The Commission is puzzled that the JCF did notwelcome the Commission’s input given the fact thatit was clear that it was conducting an investigationand had information that the BSI was not yet privyto. The Commission further notes that the officers,in that case, were in breach of Force policy in not

documenting their accounts.


Chapter 3: Use of Deadly Force

9


"[I]f persons who are pursued by these officers for felony or thejust suspicion thereof . . . shall not yield themselves to these officers,but shall either resist or fly before they are apprehended or beingapprehended shall rescue themselves and resist or fly, so that theycannot be otherwise apprehended, and are upon necessity slaintherein, because they cannot be otherwise taken, it is no felony.”8

“Again though where a felon flying from justice is killed by theofficer in the pursuit, the homicide is justifiable if the felon could nototherwise be overtaken.......and the jury ought to inquire whether it were of necessity or not.”9

INTRODUCTIONWhen is it lawful to use deadly force to arrest a suspected offender

fleeing apprehension? Is it justified for a constable to shoot at asuspected pickpocket who has evaded arrest but poses no immediatephysical danger to anyone? What of a suspected serial murdererfleeing apprehension but not threatening immediate physical harm?Should the officer refrain from shooting him although there is goodreason to fear that he may shortly resume taking life?

To be clear, the issue does not concern a suspected offender whois physically resisting arrest. And persons suspected of offences oughtto peacefully submit themselves to lawful arrest. What can the policedo when they do not?Consider the case of a non-violent suspected offender; is it better

that he be killed rather than elude arrest? The old common law rule, as recounted above, permits deadly

force to apprehend felons, but that rule has been criticised forcenturies and there have been attempts to reformulate it. TheCommission respectfully opines that with the promulgation of theCharter of Fundamental Rights and Freedoms (ConstitutionalAmendment) Act, 2011 the juridical basis of the former assuredanswer has been eroded. This chapter traces the common law principles and describes the

potential conflict with the new paradigm. The Commissionrespectfully submits that the current state of the law is unacceptablycomplex and uncertain. Legislative reform is recommended.The Commission has investigated many cases in the past year that

have raised this issue. Typically the cases present these circumstances:A constable suspects that a person has committed an offence and triesto apprehend him, but the suspect flees and the constable fires hisgun, killing the suspect and sometimes injuring other persons nearby.

USE OF DEADLY FORCE IN EFFECTING ARRESTS

THE FLEEING FELON

Interestingly, in all the cases investigated the constable claimed thatthe fleeing suspect was a threat to him and that he fired inself-defence. In some cases there are good reasons to believe that ajury would reject that defence compelling consideration of thelawfulness of the use of force absent any threat of violence from thearrestee.

EXISTING LAWR v. Astley RickettsIt was October 14, 1983 when Winston Moore, in perpetrating a

fraud, presented a cheque at a commercial bank. Moore, realising thatthe bank officer was “on to him”, fled and a bank employee cried outto Special Constable Astley Ricketts, the bank’s security officer, toapprehend him. Ricketts, with his firearm drawn, held Mooremomentarily with the one hand but Moore forcibly released himselfprotesting his innocence. Moore walked away; Ricketts pursued himand fired three (3) shots. Moore, an unarmed, non-violent suspect,was dead because he had resisted apprehension.A jury convicted Ricketts for murder, but his conviction was

quashed by the Jamaican Court of Appeal on the basis that the trialjudge had failed to direct the jury on the principles governing theapprehension of a fleeing felon.10In their unanimous decision their lordships criticised the trial judge

ruling that the summation had:

“diverted them (i.e. the jury) from the single-minded considerationas to whether in the given circumstances the appellant had actedreasonably in firing at the deceased with a view to apprehend him onthe reasonable suspicion that he had committed a felony in the bank.”

Certainly, it is desirable that all suspected offenders surrender orbe apprehended so that they may face justice, but that it could everbe justified to use deadly force to apprehend an unarmed non-violentfelon seems antediluvian. Indeed this may explain why Ricketts, whenfirst taxed with the offence, claimed that his firearm had beendischarged when he had been wrestling with Moore.The longstanding principle needs examination in today’s context:

Is it disproportionate to take life in this endeavour where thesuspected offender threatens no immediate physical harm to anyone?

COMMON LAW PRINCIPLEUnder the common law principles, deadly force was permissible to

apprehend a fleeing felon but not for a person suspected of having

committed a misdemeanour.For the common law principle as described by Hale in the 18th

century, and applied in Astley Ricketts, to apply, a jury would have toconsider whether:a) the defendant reasonably suspected that the person to whom the

force was directed had committed a felony; and b) the force employed was reasonable and necessary to lawfully

apprehend the suspected felon.Offences are still classified in Jamaica as treasons, felonies, or

misdemeanours. The nomenclature is an ancient one, with the truedistinction being that for treasons and felonies, the Crown couldforfeit the offender’s property while, for misdemeanours, no forfeitwas possible. It is often also said that for felonies, the historicpunishment was death, but this was not always correct. Certainly themost serious offences are felonies, but some felonies are decidedlynon-violent. Further, only two (2) felonies - treason and capitalmurder - remain today as capital crimes.

Smith and Hogan described the common law principles as being“astonishing when viewed in the light of modern conditions andattitudes”11 and went on to proffer examples:“If D steals my handkerchief and, being fleeter of foot than I, is

making his escape, may I lawfully shoot him down?....It is incrediblethat this is the law.”

REASONABLE SUSPICIONSuspicion denotes a state of belief where proof is lacking.12 For

suspicion to be reasonable, it is not enough that the arresting officertruly believes. In addition to honest belief, the arresting officer musthave objective grounds for this belief that would satisfy a reasonableman.13An arrestor who kills to execute an arrest will not be excused if he

did not suspect that the arrestee had committed a felony. InDadson14 a police officer killed a man who was stealing wood froma copse. Ordinarily this would be a misdemeanour but, unknown tothe constable, the deceased had had previous convictions for thisoffence and, under the law, this subsequent offence was a felony. Thecourt held that the constable’s actions were unjustified.

10


“If D steals my handkerchief and, being fleeterof foot than I, is making his escape, may I lawfullyshoot him down?....It is incredible that this is the

law.”

- Smith and Hogan

11


Reasonable suspicion is a relatively low test normally employed tojustify an arrest; it is not even enough to have someone charged withan offence. Suspicion is prone to error but, as a test for arrest, themischief of misplaced suspicion causing a loss of liberty pales whencompared to loss of life.The police may have information linking the occupants of a motor

car to a previously committed felony, such suspicion would besufficient to justify arresting all of the occupants of the car.15 Couldit be justified, firing on the fleeing car and killing the occupants? In a case investigated in 2011, the police suspected that the

occupants of the car had committed a felony. Their suspicion wasbased on insufficient information; they were mistaken. Sadly theoccupants ran from the police and one (1) of them was shot and killedby the police.If the men had stopped the police’s suspicion would have been

easily dispelled but, as it turned out, a life was lost.

LAWFUL ARRESTA lawful apprehension without warrant must be based upon the

existence of a reasonable suspicion as described earlier. It is aprocedural requirement of a lawful arrest that the arrestee beinformed, shortly before or after an arrest, of the true reasons for hisarrest unless the exigencies of the situation make this impractical orimpossible; for example, where the arrest is being forcibly resisted.16The aim is to ensure that the arrestee appreciates the legal and factualgrounds for his arrest.17 The constable need not use technical languageor specify a particular crime. The purpose of this requirement is toput an arrestee in a position that he can volunteer information toavoid arrest.18

PRIVATE CITIZENSIt would seem that even private citizens seeking to effect a lawful

arrest could claim the common law defence. InRobinson v Dunkley19 the Jamaican Court of Appeal was asked toconsider the common law principles surrounding citizen action inpursuit of a fleeing felon. On the raising of the “hue and cry”, aprivate citizen may, without warrant, arrest and detain anyone foundcommitting a felony. Indeed the able-bodied citizen would be obligedto prevent the escape of the felon.

REASONABLE AND NECESSARY FORCEFirst, it must be noted that the common law principle does not

excuse force that is unnecessary or excessive to the legitimate end, i.e.the apprehension of the suspect. Does the measure ofreasonableness extend further to prohibit the use of force incircumstances where it would be disproportionate? Are theresituations where deadly force ought not to be used even when thisappears to be the only way to apprehend a felon? The 18th centuryapproach did not seem to contemplate this at all. The Court’s ruling in Ricketts does not conclude that the special

constable was justified in his use of deadly force; just that the judgewas wrong not to have left it to the jury. It does not appear that theCourt considered the proviso.20 If they had they would have had toevaluate whether, on the facts and despite the non-direction, aconviction was inevitable. The celebrated case of R v Clegg21 may be instructive. The trial

judge had found that a soldier fired three (3) shots in self-defence ata motor car that had been violently bearing down at him and hiscolleagues. However, the soldier’s fourth, fired when the car wasspeeding away, was not. This shot killed a passenger. The trial judge22did not think that there was sufficient evidence to consider thedefence of using force to apprehend a suspect. The Court of Appealdisagreed with the judge on this point but went on to considerwhether the conviction was nevertheless safe.The Court of Appeal ruled that the conviction was safe as there

was no evidence that the soldier had suspected that the driver of thecar was a terrorist or, would commit terrorist offences in the future.They ruled that any reasonable tribunal would find the soldier’s actionsto be “grossly disproportionate”. The House of Lords approved theCourt of Appeal’s finding that the soldier employed excessive, andtherefore unlawful, force.The case of George Finn v AG23 was a civil suit brought against

a policeman and the State for gunshot injuries that the plaintiffsuffered during his apprehension. Wolfe, J24 found that the plaintiffhad been unarmed and considered the authorities on the use of force:“What degree of force then was the officer entitled to use in

apprehending the plaintiff ‘a mere’ escaping felon? The age-old testmust be applied, to wit, ‘reasonable force’.

In 1879, the Report of the Criminal Code Bill Commissionstated:‘We take one great principle of common law to be, that though it

sanctions the defence of a man’s person, liberty and property againstillegal violence, and permits the use of force to prevent crimes, topreserve public peace and to bring offenders to justice, yet all this issubject to the restriction that the force used is necessary; that is, thatthe mischief sought to be prevented could not be prevented by a lessviolent means; and that the mischief done by, or which mightreasonably be anticipated from the force used is notdisproportioned to the injury or mischief which it is intendedto prevent.’”Consistently, McKain, J25 reminded that a constable in determining

whether to use force in apprehending a suspect “ought not to proceedwithout reasonable necessity, and the public has to be considered if

Reasonable suspicion is a relatively low testnormally employed to justify an arrest; it is noteven enough to have someone charged with anoffence. Suspicion is prone to error but, as atest for arrest, the mischief of misplaced

suspicion causing a loss of liberty pales whencompared to loss of life.

he proposes to discharge a firearm where other persons than a fugitivemay be located.”These two (2) Jamaican first instance civil judgments demonstrate

recognition of the principles of proportionality. George Finn, inrelying on the English Criminal Code Bill Commission’s Report,accepts that sometimes the end of apprehending the fugitive felonmay not justify the use of deadly force, even where there is no lessviolent means to achieve that end. The arresting officer must consider the risk of harm to other

persons when determining whether to use deadly force to apprehenda suspect. As noted in Clegg this consideration would be merely oneconsideration for the question of proportionality.In the 22nd edition of Harris’ Criminal Law, it was noted that

the 18th century approach harkened to a time when all felonies werecapital and there were no organised police forces. It was urged that“in modern times the test of what is reasonable must restrict verymuch” the force permissible to apprehend a fleeing felon and that theold cases were to be read subject to this reservation26. It is not clear

however how much of this modern thinking has authoritative force.

Smith and Hogan assert that the question of proportionality mustbe added to the old common law considerations27. They rely on theReport of the Criminal Code Bill Commission extracted aboveand note that although it was not uttered from the bench, the reportwas the work of the leading jurists of the day28 and was later cited byone of them in his directions to the jury. Having so concluded thelearned authors give answer to their hypothetical case of thefleet-footed handkerchief thief described earlier thus: “The escapeof a thief who had stolen a handkerchief, though a “mischief ”, issurely incomparably less the killing of the same man. If a murdereris shot down the matter is more open to argument.”29 In the most recent Jamaican Court of Appeal case30 Archbold’s

35th edition retelling of the 18th century approach was relied on, butwithout any reference to considerations of proportionality. UnlikeAstley Ricketts, the proviso was considered but no reasons wereadvanced as to why it was not applied. Even this most recent case may be a legal antiquity as it was

expressly based on a constitutional provision that has since beenrepealed and decided at a time when the old common lawprinciples were free from the scrutiny of the Constitution’s humanrights principles.

DEVELOPMENTS IN ENGLANDWith the abolition of the distinction between felonies and

misdemeanours in England and Wales, their Parliament enactedlegislation to deal with the use of force in arresting a suspect. Section3 of the Criminal Law Act 1967 replaced the common law rulesthus:“3(1) A person may use such force as is reasonable in the

circumstances in the prevention of crime, or in effecting or assistingin the lawful arrest of offenders or suspected offenders or of personsunlawfully at large.”The issue was clarified in 2008 by Section 76 of the Criminal

Justice and Immigration Act which provides that:(3) The question whether the degree of force used by D was

reasonable in the circumstances is to be decided by reference to thecircumstances as D believed them to be, and subsections (4) to (8)also apply in connection with deciding that question.(4) If D claims to have held a particular belief as regards the

existence of any circumstances – (a) the reasonableness or otherwise of that belief is relevant to the

question whether D genuinely held it; but(b) if it is determined that D did genuinely hold it, D is entitled to

rely on it for the purposes of subsection (3), whether or not -(i) it was mistaken, or(ii) (if it was mistaken) the mistake was a reasonable one to have

made.(5) But subsection (4)(b) does not enable D to rely on any mistaken

belief attributable to intoxication that was voluntarily induced.(6) The degree of force used by D is not to be regarded as having

been reasonable in the circumstances as D believed them to be if itwas disproportionate in those circumstances.(7) In deciding the question mentioned in subsection (3) the

following considerations are to be taken into account (so far asrelevant in the circumstances of the case) - (a) that a person acting for a legitimate purpose may not be able

to weigh to a nicety the exact measure of any necessary action; and(b) that evidence of a person's having only done what the person

honestly and instinctively thought was necessary for a legitimatepurpose constitutes strong evidence that only reasonable action wastaken by that person for that purpose.(8) Subsection (7) is not to be read as preventing other matters

from being taken into account where they are relevant to deciding thequestion mentioned in subsection (3).(9) This section is intended to clarify the operation of the existing

defences mentioned in subsection (2).(10) In this section -

(a) "legitimate purpose" means -(i) the purpose of self-defence under the common law; or(ii) the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b).

In this clarification the influences of two (2) Jamaican Privy Councildecisions - Solomon Beckford31 and Palmer v R32 - are quiteapparent and the law on the use of force in self-defence and affecting

12

“The escape of a thief who had stolen ahandkerchief, though a “mischief ”, is surely

incomparably less the killing of the same man.If a murderer is shot down the matter is more

open to argument.”


an arrest remain analogous. Most importantly, the 2008 clarification,having been promulgated to reflect “right to life” principles, requiresthat the taking of life be a proportionate infringement.

THE RIGHT TO LIFEIn Glenroy McDermott33 the Jamaican Court of Appeal, in

overturning a conviction, considered the common law principles ofthe fleeing felon and Section 14 (2)(b) of the Constitution whichprovided that:“14(2) Without prejudice to any liability for a contravention of any

other law with respect to the use of force in such cases as arehereinafter mentioned, a person shall not be regarded as having beendeprived of his life in contravention of this Section if he dies as theresult of this use of force to such extent as is reasonably justifiable inthe circumstances of the case-

(b) in order to effect a lawful arrest or to prevent the escapeof a person lawfully detained;” The Charter of Fundamental Rights and Freedoms

(Constitutional Amendment) Act, 2011 repealed this provision,along with the entire Chapter of human rights provisions in theIndependence Constitution and replaced it with a new regime. Theright to life continues to be recognised but without any specifiedexception for the use of deadly force in effecting an arrest. The onlyspecified exceptions being to carry out a sentence of the court.34Unlike in England, there is no Jamaican statutory provision

justifying the use of deadly force to apprehend a suspect. A Jamaicanconstable would therefore have to seek to rely on the common lawprinciple of the fleeing felon. All of the rights in the Charter are subject to general exceptions.

Thus, Parliament may pass laws, and the agents of the State may actin a manner that abrogates, abridges, or infringes these rights if thisis “demonstrably justified in a free and democratic society”.35 Where the repealed chapter had generally preserved existing law

from being declared unconstitutional,36 the new provisions onlypreserve existing laws as to lawful punishment,37 sexual offences,obscene publications, and the life of the unborn.38 The newprovisions are applicable to all laws and bind the legislature39 even ifthere is a two-thirds majority in Parliament.40The supremacy of the Constitution is thus secured. The right to

life is one of the fundamental rights which must be strictly construedand may prevail over other guaranteed rights.41The formulation, “demonstrably justified in a free and democratic

society”, can also be found in the Canadian Charter of Rights andthat country’s highest court has ruled42 that this means that:

a) the objective must be sufficiently important to warrant overridinga protected right;

b) the means to secure the objective must be reasonable andjustifiable in that they are proportionate and appropriate. They mustbe carefully designed and rationally connected to the objective.The treatment is consistent with Strasbourg jurisprudence which

provides that in deciding whether deprivation of life is proportionate

regard must be had to the nature of the aim pursued, the inherentdangers, and the degree of risk to life by the force employed.43

CONFLICT BETWEEN RIGHT TO LIFE ANDFLEEING FELON PRINCIPLEThe United States Supreme Court in Tennessee v Garner (1985)

471 US 1 ruled that it was disproportionate to permit the use ofdeliberate deadly force to apprehend a suspect who poses noimmediate threat to the police officer or other persons. The majorityagreed that it was “not better that all felony suspects die than theyescape”.44 In reaching this decision the court ruled that the argumentsfor the common law principle were anachronistic and unsuited forthe current time of police forces with modern means of detectionand effective tools of destruction. Further the distinction betweenfelonies and misdemeanours was held to be arbitrary as somemisdemeanours concerned more violent offending thansome felonies. Consistent with this decision is Re State v Walters et ux, ex parte

Minister of Safety and Security [2003] 1 LRC 493 by theConstitutional Court of South Africa. The Court considered a lawthat justified homicides of a fleeing arrestee where there was no othermeans to apprehend him against the constitutional provision that theright to life cannot be infringed unless “reasonably justifiable in anopen and democratic society”. The Court approached the matter byweighing the nature and importance of the right against theimportance and purpose of the law. Limitation of the right to life,they opined, must come from a very compelling public interest. Thepublic interest recognised was to protect society from suspects fleeingbut infringing the right for such an interest could only beconstitutional where the offence was serious and the suspect a dangerto the arrester or the society at large. They considered it a “glaringdisproportion in depriving an unarmed fleeing criminal of life merelyin order to effect an arrest there and then”.Their decision modified a law that had permitted the use of deadly

force for a wide array of offences, some of them without violence,to be applicable only where there are reasonable grounds to suspectthat:a) the arrestee posed an imminent threat of serious bodily harm;

orb) the suspect had committed a crime involving the inflicting, or

threat of inflicting, serious bodily harm.Whilst these decisions would only be persuasive to a Jamaican court

13


Unlike in England, there is no Jamaicanstatutory provision justifying the use of deadly

force to apprehend a suspect. A Jamaicanconstable would therefore have to seek to relyon the common law principle of the fleeing

felon.

14


there is sufficient legal and contextual similarity to expect that theywould be seriously considered by our courts. Further the thinkingbehind them is consistent with the well-settled principles ofproportionality. In this regard the Privy Council’s opinions on themandatory death penalty are analogous. In Lambert Watson v R45

the Board considered the mandatory death penalty against theConstitution’s protection of the right to life and prohibition ofinhumane treatment. They were able to do so because the lawproviding for capital punishment for some murders waspost-independence and not saved by the existing law clause. The lawwas held to be a disproportionate infringement given its arbitrariness.In doing so, the Privy Council considered the modern internationaljurisprudence.

CONCLUSIONIt is the Commission’s respectful view that the Courts will hold that

the common law principles on the use of deadly force to apprehenda fleeing felon are uncertain and incompatible with the Charter ofFundamental Rights.The weapons of modern police forces bring a significantly high

risk that life will be taken. This is a significant change from the era ofdisorganised police forces with rudimentary weaponry when thecommon law rule was hatched. That the suspected offencescategorisation as a felony or a misdemeanor should be determinativeis arbitrary and that deadly force can ever be employed on anon-violent suspect who poses no threat of physical harm to anyoneseems disproportionate. By this reasoning it is doubtful that the evidence in Astley

Ricketts, if argued today, would pass the threshold for the jury toconsider whether there was justification to use deadly force. Thedeceased, in that case, was not an immediate physical threat to anyoneand there was no suspicion that he had caused serious harm toanyone.In the current state of affairs a constable would be wise to be

tentative in using force to effect a lawful arrest as the common lawjustification of using force to apprehend a fleeing felon now seemssubject to limitation. Yet if he fails to use deadly force when lawfuland necessary and the fleeing suspect inflicts harm on a bystander,the constable may be liable for neglecting his duty and infringing theright to life of the bystander.46 This is an unfair state of affairs forthe police to work in.This important issue requires clarity to ensure that a constable, or

a member of the public, once the hue and cry is raised, may be fullyaware of the limits circumscribing their use of force in arresting asuspect.The current JCF Use of Force Policy recognises the need for

proportionality in the application of deadly force so it would seem

that operational activities of the force will not be affected by thechanges in the law brought by the Charter of Fundamental Rights:“The use of force by members of the JCF must accord with the

principles of proportionality (i.e. the anticipated injury or harm to beprevented is equal to or greater than the harm which is likely to becaused by the use of force and that the objective cannot be achievedby a lesser degree of force). In no case should the use of force, whichis disproportionate to the legitimate objective to be achieved, be usedor authorised.”47The Commission therefore submits this issue for the consideration

of Parliament and suggests that a statutory provision be enactedwhich will justify the use of potentially deadly force to arrest in thefollowing circumstances:a) where the arresting person has reasonable suspicion that the

arrestee has committed a serious offence involving the threat orinfliction of serious bodily harm to another; b) the use of potentially deadly force was proportionate and the

only reasonably possible way to apprehend the suspect; and c) there were reasonable grounds to suspect that the arrestee

presented an immediate threat of serious bodily harm to the arrestoror another person. n

“not better that all felony suspects die than theyescape.”

It is the Commission’s respectful view that theCourts will hold that the common law principles onthe use of deadly force to apprehend a fleeing felonare uncertain and incompatible with the Charter of

Fundamental Rights.

COMMISSIONER OF POLICE

1. The Commission humbly refers as recommendations for action(pursuant to s. 17(9) and 23 of the Independent Commission ofInvestigations Act) that the Commissioner of Police issue orderswithin sixty (60) days that:

a. Mandate that officers, sub-officers, and constables of the JCFand its auxiliaries involved in, or present at an incident involving theuse of force which results in the death, injury, or sexual assault of aperson (hereinafter described as “members”) be immediately availablefor enquiries by the Commission’s investigators by remaining at thescene, a nearby police station, or at some other place communicatedto the Commission’s investigators by way of a call to theCommission’s toll-free numbers (1-888-991-5555 or 1-888-935-5550.These orders shall subsist except where:

i) a person is injured and has to be rushed by a member to the hospital;

ii) the member is injured, in which event, the Commission’sinvestigators are to be immediately advised as to the place where the member is receiving treatment; or

iii) the member is in pursuit of suspects or is engaged in urgent operational activities in which event the members must be available to the Commission’s investigatorsimmediately after these activities are complete.

b. Prohibit members from conferring about an incident before giv-ing their accounts to the Commission and requiring that where cir-cumstances have exceptionally necessitated conferring, this be notedand fully disclosed to the Commission. This recommendation doesnot prohibit:

i) Communications during the continuation of anoperation to further the legitimate aims of the operation.

ii) Reports made up the chain of command, but the fact that such a report has not yet been made cannot excuse a member from an obligation to givean account to the Commission.

c. Require members to separate or to be separated as soon as isreasonably possible after an incident until they have given theiraccount of an incident to the Commission.

d. Mandate that Administrative Review panels seek the input ofthe Commission’s Director of Complaints in charge of the

investigation as to whether a member is under suspicion of unlawfullyusing force or has failed to comply with a request made pursuant toSection 21 of the Independent Commission of Investigations Actbefore that member is returned to operational duties outside of thestation.

e. Mandate that a member under suspicion of unlawfully usingforce not be given operational duties outside of the station while thematter is under investigation, or pending trial.

CHIEF OF DEFENCE STAFF

2. The Commission humbly refers as recommendations for action(pursuant to s. 17(9) and 23 of the Independent Commission ofInvestigations Act) that the Chief of Defence Staff issue orderswithin sixty (60) days that:

a. Mandate that officers, warrant officers, non-commis-sioned officers and soldiers of the JDF involved in, or present at an incident involving the use of force which results in the death, injury, or sexual assault of a person (hereinafter described as “members”) be immediately available for enquiries by the Commission’s investigators byremaining at the scene, a nearby police station, a nearby JDFfacility or at some other place communicated to the Commission’s investigators by way of a call to the Commission’s toll-free numbers (1-888-991-5555 or 1-888-935-5550). These orders shall subsist except where:

i) a person is injured and has to be rushed by a member to the hospital;

ii) the member is injured, in which event, the Commission’s investigators are to be immediatelyadvised as to the place where the member is receiving treatment; or

iii) the member is in pursuit of suspects or is engaged in urgent operational activities in which event the members must be available to the Commission’s investigators immediately after these activities are complete.

b. Prohibit members from conferring about an incident beforegiving their accounts to the Commission and requiring that wherecircumstances have exceptionally necessitated conferring, this benoted and fully disclosed to the Commission. This recommendationdoes not prohibit:

Recommendations

15


In these recommendations, “incident” has the same meaning given in Section 2 of the Independent Commission of Investigations Act.

16




c. Require members to separate or to be separated as soon as isreasonably possibly after an incident until they have given theiraccount of an incident to the Commission.

d. Mandate that the advice of the Commission’s Director ofComplaints in charge of the investigation be sought as to whether amember is under suspicion of unlawfully using force or has failed tocomply with a request made pursuant to Section 21 of theIndependent Commission of Investigations Act before that memberis returned to operational duties outside of a JDF facility.

e. Mandate that a member under suspicion of unlawfully usingforce not be given operational duties outside of a JDF facility whilethe matter is under investigation, or pending trial.

COMMISSIONER OFCORRECTIONS

3. The Commission humbly refers as a recommendation for action(pursuant to s. 17(9) and 23 of the Independent Commission ofInvestigations Act) that the Commissioner of Corrections issue orderswithin sixty (60) days that:

a. Mandate that Department of Corrections personnel involved in, or present at an incident involving the use of force which results in the death, injury, or sexual assault ofa person (hereinafter described as “members”) be immediately available for enquiries by the Commission’s investigators by remaining at the scene, a nearby police station, a nearby Department of Corrections facility or at some other place communicated to the Commission’s investigators by way of a call to the Commission’s toll-freenumbers (1-888-991-5555 or 1-888-935-5550). These ordersshall subsist except where:

i) a person is injured and has to be rushed by a member to the hospital;ii) the member is injured, in which event, the Commission’s investigators are to be immediatelyadvised as to the place where the member is receiving treatment; oriii) the member is engaged in urgent operational activities in which event the member must be available to the Commission’s investigators immediately after these activities are complete.

b. Prohibit members from conferring about an incident beforegiving their accounts to the Commission and requiring that wherecircumstances have exceptionally necessitated conferring, this benoted and fully disclosed to the Commission. This recommendationdoes not prohibit:



c. Require members to separate or to be separated as soon as isreasonably possible after an incident until they have given theiraccount of an incident to the Commission.

d. Mandate that the advice of the Commission’s Director ofComplaints in charge of the investigation be sought as to whether amember is under suspicion of unlawfully using force or has failed tocomply with a request made pursuant to Section 21 of theIndependent Commission of Investigations Act before that memberis returned to operational duties at the institution where the incidentoccurred.

e. Mandate that a member under suspicion of unlawfully usingforce not be given operational duties at the institution where theincident occurred, while the matter is under investigation, or pendingtrial.

LAW REFORM

4. As it relates to the law on the use of force in effecting an arrestthe Commission humbly recommends to the Honourable Minister ofJustice that Parliament consider such steps as are necessary andappropriate which will restrict the use of deadly force in this regardto circumstances where:a. the arresting officer has reasonable suspicion that the arrestee

has committed a serious offence which involves the threat or inflictionof serious bodily harm to another;b. the use of force was proportionate and the only reasonable

possible way to apprehend a fleeing suspect; andc. there were reasonable grounds to suspect that the arrestee

presented an immediate threat of serious bodily harm to the arrestoror another.n

Reference Notes

1. Paragraphs 35-35 and 141-143

2. Principle 22

3. Page 48

4. Demanding Accountability, 7.

5. R (on the application of Tucker) v.IPCC [2008] EWHC2372 (Admin)paragraphs 38 and 39.

6. 3rd Edition 2011.

7. Cetin v. Turkey [2009] ECHR 19180/03at paragraph 41.

8. 2 M. Hale, Historia Placitorum Cornae85 (1736)

9. Russell on Crime 12th Edition. Vol. 1Pg. 444 and footnote 24 referencing 1Hale 481, 4 BI. Comm and Fost 271.

10. R v. Astley Ricketts (1987) 24 JLR 411.

11. Smith and Hogan, Criminal Law FirstEdition Page 231

12. Shaaban Bin Hussein v Chong FookKam [1970] AC 942

13. O’Hara v. Chief Constable of theUlster Constabulary [1997] AC 286 andAG v. Danhai Williams 51 WIR 264

14. (1850) 14 JP 754.

15. Parker v. Chief Constable ofHampshire [1990 ALLER 676 (D)

16. Christie v. Leachinsky [1947] AC 573

17. Taylor v. Chief Constable of ThameValley Police [2004] 3 ALLER 503

18. Abassy v. Commissioner of Police ofthe Metropolis [1990] 1 ALLER 193

19. (1990) 27 JLR 453

20. Section 14 (3), Judicature (AppellateJurisdiction) Act which provides that aconviction can stand despite an errorwhere it is clear that there is no substantialmiscarriage of justice.

21. (1995) 1 AC 482

22. In a trial without jury

23. 1981) 18 JLR 120

24. As he then was

25. Joseph Andrews v. AG (1981) 18 JLR434

26. Page 128

27. First Edition, page 231

28. Lord Blackburn and, Stephen, Lush,and Barry JJ.

29. Page 231

30. Glenroy Mc Dermott delievered 14thMarch 2008

31. [1998] AC 130

32. [1971] AC 814

33. SCCS 38/2006 delivered March 14,2008.

34. 13 (3)

35. 13 (2)

36. Former s26(8)

37. 13 (7)

38. 13 (12)

39. 13 (4)

40. Charter of Rights Act s. 3 repeals s.50of the Constitution

41. X v Federal Republic of Germany(1971) 39 CD 99

42. Oakes (1986) 1 SCR 103 and R v.Edwards Books and Art (1986) 2 SCR 713

43. Halsbury’s Laws of England Vol. 8 (2)paragraph 123

44. Page 44

45. [2004] UKPC 34 following Reyes v. R[2002] UKPC 11

46. Van Colle v. Chief ConstableHertfordshire [2007] EWCA Civ 325

47. JCF Use of Force Policy, paragraph 14


17

PART TWO:

DEATH OF THE MENTALLY ILLWHEN IN

CONFRONTATION

WITH SECURITY FORCES


19


Chapter 4: Death of the mentally ill when inconfrontation with members of the security forces

In 2011, six (6) persons were killed by thepolice who were believed to be mentallyill. In none of these cases did the police

employ any special measures to handlematters of this type. For the purpose of this report, theinvestigative team went back to 2005 whereseven (7) other deaths occurred andexamined the period of 2005-2012.

SITUATION IN SOUTHBORO, ST.CATHERINE

In 2011, for example, the police respondedto a situation in Southboro, St. Catherine,involving a man and his wife. The man wasdiagnosed as mentally ill. It was explained to the police that the manwas mentally ill, however, he was shot by

police after they arrived to give assistance tohis wife.It was cases such as this one that promptedthe Commission to launch a specialinvestigation into deaths of the mentally illwho came in confrontation with the police.It must be clearly stated that not all thementally ill persons who came intoconfrontation with the police were killed.Others were shot and injured. This will beborne out in the various case studies.

1. To determine the circumstancessurrounding individually reported cases ofdeath of mentally challenged personsresulting from confrontations with the police;

2. Determine whether or not there arereasons to suspect that any person iscriminally culpable for the death;

3. To determine whether or not there wereindividual or systemic breaches of the rightto life;

4. To make recommendations for futureactions to include non-lethal weapons thatcan be used by the police.

Background of Investigation and Terms of Reference

TERMS OF REFERENCE

MENTALLY ILL - DM

Background DM lived with his mother and three siblings.He is a high school dropout who engages infarming as a source of income. The family ispoor, and there is no father present in thehousehold. DM was injured while in thecustody of the police in January 2012. He wastaken into custody under the Mental HealthAct after he allegedly killed an animal anddrank its blood.According to family members, DM had beenusing marijuana from as early as the age ofthirteen. They feel that the smoking triggeredhis mental illness.He was admitted to the Port AntonioHospital on two separate occasions, in 2011and 2012, where he was diagnosed as suffer-ing from schizophrenia.Community Mental Health ServicesAfter his discharge from hospital he was

referred to a health centre in a nearbycommunity for treatment on a monthly basis.

WITNESS ACCOUNTAfter DM was taken into custody, especiallyin the nights, he made strange canine sounds,to the extent that other inmates were afraid.At times he shouted out that he wanted bloodof various animals to drink. Two days afterbeing in custody the prisoners were allowedto refresh themselves. When he was told toreturn to his cell, he and the Cell Guard gotinto a tussle and eventually several officersfrom different areas had to come and assist.During the tussle, DM hit his head against awall causing it to bleed. When this happened,he licked the blood that was running down hisface and off the grill and he became calmthereafter. The police handcuffed him andwhen asked what he wanted he again askedfor more blood to drink. The police told himthey were going to take him to the doctor and

shortly after they left with him. After being admitted on the ward DMabsconded and returned home. Attempts hadto be made again to get him back to thehospital.

INVESTIGATOR’S FINDINGS:1. The police acted in accordance withJamaica Constabulary Force Orders datedOctober 21, 2004, Serial No. 2994 which wasre-published in the February 16, 2012 ForceOrders, Serial No. 3374 (See Legal Framework- Jamaica).

2. Arrangements were made for him to beseen by a psychiatrist at the earliest possibletime and he was taken to hospital wheninjured.

3. The police provided social support andtook the necessary action to ensure thesecurity and safety of all parties involved.

Case Studies and Findings

20


MENTALLY ILL - DC

Background informationDC, who is from the parish of St. Ann,experienced episodes of illness, but as long ashe took his medication he was okay. Based oninformation received, he was usually armedwith one or more knives or machetes. DC livedabroad for a while and upon his return hebegan acting strangely. DC was previously admitted in the St. Ann’sBay Hospital for treatment prior to the incidentat which time his mental condition wasdiagnosed.He had been a patient of the St. Ann’s BayPsychiatric Department for approximatelyseven (7) years and was receiving treatment ata community hospital once per month.

WITNESS ACCOUNTOn May 18, 2011, DC was reportedly ill anda mental health team consisting of a psychiatricnurse and psychiatric aides went out toapprehend him for treatment. The police wascalled to render assistance as DC was allegedlyarmed with two machetes. During the confrontation, DC reportedlyattacked the police with the machetes; heattempted to chop one of the policemen whofired warning shots in the air to scare him off.When this happened, DC ran away from thepolice and towards a resident and beganchopping at his neck; however, this person waswounded on the shoulder. The residentmanaged to push off DC and took coverbehind the service vehicle. The police began firing and he noticed thatDC had gotten shot in his leg. The police then

disarmed DC and handcuffed him, placed himin the police service vehicle and drove away inthe direction of possibly a health facility.

THE SECURITY FORCE’SACCOUNTThe police received a call from personnel atthe St. Ann’s Bay Psychiatric Department toassist in apprehending a mentally ill man whohad become violent. A team consisting ofabout four (4) police officers met with six (6)psychiatric aides and one (1) mental healthnurse and the most senior police officer (anInspector) briefed them. They left in search ofthe man and when he was spotted he wasapproached and asked to drop his weapon. DCrefused to comply and instead put his hands inthe air and told the police to shoot him. Hethen took off chopping at two cars to includethe service vehicle. Thereafter he attacked the Inspector who hadbeen telling him to drop his weapons DC wasshot as a result. He took off again this timechopping a citizen who was in the crowd ofon-lookers. He was again shot by the seniorofficer, disarmed and then rushed to the St.Ann’s Bay Hospital where he was admitted fortreatment. The Inspector who was also injured wastreated and released. DC was later charged withtwo (2) counts of Unlawful Wounding and two(2) counts of Possession of an OffensiveWeapon. The matter went before the courtsand DC was freed of the charges based on hismental status.

INVESTIGATOR’S FINDINGS:1. The police acted in accordance with

Jamaica Constabulary Force Orders datedOctober 21, 2004, Serial No. 2994 which wasre-published in the February 16, 2012 ForceOrders, Serial No. 3374 (See Legal Framework- Jamaica).2. He was quickly taken for treatment at amedical facility. 3. The police used the necessary force to getthe situation under control.4. The police took the necessary action toensure the security and safety of all parties.

DC TodayToday, DC has improved with treatment on amonthly basis at a community-based clinic

21


MENTALLY ILL - LW

BackgroundLW was from the parish of St. Catherine,married and lived with his wife andstep-daughter. He was self-employed andsuffered from a mental illness, a condition thatnot many persons who interacted with himwere aware of up until the time of his death.LW had been suffering from mental illnessfor a while. According to family members, LWhad been using marijuana and had stoppedtaking his medication whenever he felt better. He was admitted at Bellevue Hospital forsome time where he received treatment andwas diagnosed as having cannabis-inducedschizophrenia. After his discharge from Bellevue he wasreferred to a health centre in a neighbouringcommunity for treatment. He was not alwayscompliant with appointments at the healthfacilities or with taking his medication.

WITNESS ACCOUNTLW was throwing out items from his housewhen his family and friends pleaded with himto stop. They knew that he was not well and sothey tried to convince him to allow them totake him to hospital. LW insisted that he was‘cleaning’ the house and would not allow any-one to take him to hospital. The police wascalled by his wife who told them of his mentalillness and asked for help in taking him to thehospital. The wife warned the Corporal and aConstable who had responded of LW’s mentalillness and the help that was required. Whenthey arrived, LW was still cleaning the housewith a knife in hand. The policemen enteredthe house and LW was immediately instructedto drop the knife; he refused saying he was notinterfering with anyone. Shortly after,explosions were heard. One of the policemen was seen walkingbackwards towards the front door, still firingat LW, but he fell at the threshold of the frontdoor. He continued firing at LW who walked pasthim, went through the front gate, said

something and fell to the ground shortly after.LW was assisted by his wife and citizens whorushed him to the Spanish Town Hospitalwhere he succumbed to his injuries thefollowing day.

THE SECURITY FORCE’SACCOUNTOn the day in question they were on patrolduty in the area when they responded to a 119request concerning a dispute at the residence.Upon arrival a man not known to them wasseen, saying he was cleansing the house ofspirits. LW had a knife in his hand and was toldrepeatedly to put down the knife. LW thenturned and advanced towards the police withthe knife in his hand now raised. Thepoliceman took out the pepper spray and usedit on LW who used a door mat to block thepepper spray. The officer then used his extendable batonand attempted to strike him, but LW againblocked it off with the mat. The baton fellfrom his hand and he used the pepper sprayagain on LW, some of which caught him in theeye. The policeman began walking backwardsout of the house and LW stabbed at himsaying, “Mi mus kill one a oonu today”. LWcontinued advancing with the knife and so thepoliceman pulled his firearm fired a few shotswhile doing so. The policeman stated that hethen tripped and landed on his back. LWcontinued coming at him with the knife in hishand and was stabbing at him. LW fell on topof him and he used his hand to prevent LWfrom injuring him or killing him. He said hethen fired a few more rounds and LW fell ontop of him and the knife then fell from hishands. He said LW then got up and walkedaway saying, “man a lion oonu nuh see oonucaan kill me”. LW walked away and then fell.

INVESTIGATOR’S FINDINGS:In the case of LW, the police knew ahead oftime that he was mentally ill. This wascommunicated to them by members of thecommunity and the wife of the now deceased.When he was shot by the police, on the witness

account he posed no threat, at that time, tocitizens.The police did not allow for time to assist inresolving the situation. The police’s expectationof LW, a mentally ill person, was unrealistic, inthat they expected to give an order and havehim comply immediately.Based on information received during theinvestigation. LW was known to the policeprior to this date as he sells in close proximityto the police station. Furthermore, severalcitizens speak to the fact that upon arrival, thepolice greeted Mr. Wray by name.The police based on their training have beentaught to:“Take your time. Don’t rush anything. Unlessthe person is acting in a manner which isendangering himself or herself or someoneelse, try to learn something about the personbefore deciding what to do. The more calmlyyou act, the more calmly the other person willact.”“Don’t try to order them around. It will notwork.Do not restrain the person unless it isabsolutely necessary. The restraint will causethe person to become even more upset.”For the person who is diagnosed as schizo-phrenic the training manual suggests that thisperson should be “treated in an unhurried,calm, non-authoritative manner, contact can bemade and the person will comply (even thoughthe person may not outwardly respond)”.Moreover the training manual states absolutelyclear: “DO NOT BECOME ANGRY ORIMPATIENT WHEN THEY SEEM TO BEIGNORING YOU, THEY ARELISTENING”

22


Jamaica’s recognition of the right to lifedemands that the agents of the State mustnot unjustifiably take a life and must take

appropriate steps to safeguard life (Constitutions. 13). To safeguard life and property, membersof the JCF are duty bound to intervene topreserve the peace, detect crime and apprehendsuspects (Constabulary Force Act s. 13). Aconstable may take custody of a person whoseems to be mentally disordered “wandering atlarge”, whether or not that person has committedan offence or threatened to breach the peace(Mental Health Act s. 15).

COMPULSORY ADMISSIONSection 6 of the Mental Health Act, 1999,states:(1) Subject to the following provisions of this

section and section 7, a patient may be admittedto and detained in a psychiatric facility pursuantto an application for admission made on thegrounds that the patient:(a) is suffering from mental disorder of a natureof degree which warrants his detention in apsychiatric facility for observation or treatment,or both; and (b) ought to be so detained in the interest of hisown health and safety or of the protection ofother persons. Section 8 (1) In any case of urgent necessity, anemergency application for the admission of apatient may be made by a relative of the patient,a prescribed person or constable and suchapplication:(a) shall contain a statement that it is of urgentnecessity for the patient to be admitted anddetained under section 6 and that compliancewith the provisions of this Part relating toapplications for admission for observation andtreatment would involve undesirable delay; and(b) shall be accompanied by a medical certificateas mentioned in subsection (2).

POWERS OF A CONSTABLE15 (2) where an offence is committed by aperson who appears to a constable on reasonablegrounds to be mentally disordered, the constable(a) may charge that person for the offence andbring him before a Resident Magistrate at theearliest opportunity, being not more than aperiod of five days after the date on which theoffence is committed; and(b) may, where it is necessary, to detain the per-son until he is brought before the Resident Mag-istrate, detain him in a lock-up, remand centre ora place suitable for the detention of mentally dis-ordered persons; and (c) shall, where the person is charged underparagraph (a) or detained under paragraph (b),

make a report in writing to a prescribed personwithin twenty-four hours of such charge ordetention.Dealing with someone of impaired reason maypresent a challenge to the constable seeking toapprehend him. The mentally disordered personmay be a danger to himself, the constable andpersons nearby. Conventional methods of pacificsettlement may be unsuitable. It is foreseeablethat the use or threat of force, in theconventional manner may quickly escalate theincident towards a fatal outcome. Despite theseparticular difficulties it must be remembered thatthe mentally disordered person is deserving ofall of the protections that flow from the right tolife.The ordinary legal principles of justification willapply where a mentally disordered person isdeliberately killed by a constable purporting to beoperating on the honest belief that this wasreasonably necessary to preserve the life of theconstable or another person. Even in cases wherethe killing may be justified by this measure theentire circumstances must be scrutinised. The State must appreciate that mentally illpersons are particularly vulnerable and may causeinjury to others and themselves. Safeguarding lifeextends to protecting vulnerable persons fromtheir own self-destructive conduct by takingoperational measures to reduce the risk of death(R(L a patient) v Secretary of State forJustice [2009] AC 588).

Where a constable kills someone of unsoundmind it is important to consider whether theofficer so mismanaged the situation that hesignificantly contributed to the circumstancesthat led to the loss of life. In such circumstancesliability for manslaughter or the tort ofnegligence must be entertained. Since the Houseof Lords decision in Adomako [1995] 1 AC 171there has been greater congruence between thetort of negligence and the crime of manslaughtercommitted by gross negligence. In both the court

will consider whether the constable owed a dutyof care to the person of unsound mind, whetherhe failed in the performance of that duty, andwhether such failure caused the death. Formanslaughter, however, the degree of negligencemust be gross such that a reasonable personwould have perceived a real and obvious risk ofdeath.A police officer is not immune from liability foran operational decision taken, as opposed to aninvestigative one, as such susceptibility does notcompromise the public interest that he performhis duties to suppress and investigate crime(Chief Constable of Hertfordshire Police v.Van Colle [2008] UKHL 50). The physical ac-tion of apprehending a suspect is an operational,as opposed to investigative action (Crowley vCommonwealth of Australia, [2011] ACTSC89 (27 May 2011)).When a policeman intervenes in a situationinvolving a mentally ill person, he must take carenot to make it worse. Once a police officer takescontrol - or attempts to take control - of asituation by exercising his authority, he owes aduty of care to anyone caught up in that exerciseof authority, including the person whose actionsmight have caused the officer’s intervention inthe first place (R (on the application of Cash)v. County of Northamptonshire Coroner[2007] 4 AllER 903, Crowley v Common-wealth of Australia, [2011] ACTSC 89 (27May 2011).In Zalewski v Turcarlo [1995] 2 VR 562, thecourt found liability for negligence where policeofficers responding to a report that a mentallydisturbed a young man was armed with a gun,shot and injured the young man. The court foundthat the policemen acted “impetuously, withoutdue inquiry and reflection and in disregard of po-lice instructions” and provoked a situation whichthey knew concerned a person suffering from apsychiatric condition. In such an action the defence of volenti non

fit injuria (i.e. that the victim consented to the riskof injury) would not avail where the deceasedhad been labouring under such psychologicalimpediments that his actions were not trulyvoluntary (Kirkham v Chief Constable ofGreater Manchester Constabulary [1990] 3AllER 246).IN SUMMARY:1. The police must train and instruct theirmembership on using force against mentallydisturbed persons.2. A police officer who kills a mentally disturbedperson may be liable for murder, if unjustified,or for manslaughter where the police operationwas mishandled.3. A police officer in the above circumstancesmay also be liable in the tort of negligence.n

Chapter 5: Legal Framework - Local Law

The State has an obligation to giveappropriate training, instructions andbriefing to its agents who may use force(Mc Cann, Savage and Farrell v UK 21

EHRR 97). Article 2 of the UnitedNations Basic Principles on the Use of

Force and Forearms by LawEnforcement Officials requires thatgovernments and law enforcementagencies develop various means “asbroad as possible” and equip the

appropriate officials with various types ofweapons and ammunition that wouldallow for a “differentiated use of force”.

23


Chapter 6: De-Institutionalisation of the mentally ill

Situation Analysis - Jamaica

Mental health professionals are of theview that individuals who sufferfrom a mental illness would bebetter served if they are cared for

at the community level with the requisite resources,than being kept in the various institutions (mentalor correctional).According to Dr. Wendel Abel, consultantpsychiatrist at the University of the West Indies,the mental health service records indicate that 16%of individuals seen in outpatients’ clinic arereferred from the Criminal Justice System (Abel,2009; Sewell, CA, Martin, JS, & Abel, WD, 2010).In Jamaica, in the earlier days, persons who wereconsidered “criminal lunatics” and found to beinsane at the time they committed the incidentwere housed at the Bellevue Hospital. Patientswith capital offences were detained indefinitely in

the maximum security forensic ward of BellevueHospital, (Sewell, CA, Martin, JS, & Abel, WD,2010). With the process of de-institutionalisation,however, much of the hospital’s populationmigrated from Bellevue and other communitiesinto the criminal justice system.

FORENSIC PSYCHIATRIC SERVICESIn Jamaica forensic psychiatric services areoffered and these services include the provisionsfor the persons who are remanded in custody,admitted in hospital and those who would beconsidered high risk and must be treated on aconsistent basis. The latter may include thosepersons in a community who are known as “mad”persons and who, when they have an episode,behave boisterously and violently. The extent of

the forensic psychiatric services that existspresently, however, appear to be concentrated inthe Kingston & St. Andrew region of the island. To that end, Dr Abel is of the view that givenwhat currently obtains in Jamaica, an integratedmodel of community forensic mental health isprobably the most efficient approach to managingthe mentally ill accused person. In the integratedmodel, he said, the community forensic mentalhealth staff will accept referrals from other mentalhealth services, as well as criminal justice services(Sewell, CA, Martin, JS, & Abel, WD, 2010).

SCALING DOWN OF SERVICESOFFERED AT THE BELLEVUEHOSPITALIn the 1960s the Bellevue Hospital administration

3100

785

Figure 1 shows that the population has reduced at Bellevue Hospital from seven hundred and eighty-five (785) to six hundred andtwenty-one (621) between 2003 and 2010. (Source: Ministry of Health)

24


began scaling down some of the services offeredand as a consequence more and more patientshave been recommended to community healthcentres. The general belief is that when personswho are mentally ill are discharged to their familiesand are surrounded by people with whom they arefamiliar, this aids significantly in the recoveryprocess. According to the relative of one of the men whocame into confrontation with the police, afterbeing admitted in Bellevue for a couple months,he was transferred to a home where he stayed forabout 2 years. He was getting medical supervisionand he would be taken to clinic for his treatment,and he would be enclosed because he seemed tohave a craving for marijuana. “At the end of thetwo-year period, since I would normally visit himat the home, I felt that there were too many ‘madpeople’ around him and so he would only regress.And so I felt that I needed to get him out and gethim around ‘normal’ persons who could pull himup.”

RELEASING THE MENTALLY ILLTO COMMUNITY HEALTH CAREWhile some persons have endorsed the releaseof their family members into their care, there areothers who have been disheartened by theprospect of having to take their loved ones homewith them because of lack of understanding insome cases and also because they felt it’s just toomuch for them to handle. Interviewees expressed that they were not trainedto take care of a mentally ill person, while othersmentioned that they were content with theirrelatives remaining in a mental health institutioneven when they are well enough to leave becausethey don’t have suitable accommodation for them. An interviewee was quoted as saying: “I did notwant [him] to come home out of Bellevue, even

though he was well enough to leave, because I didnot have anywhere suitable for him. And thru isghetto mi neva too want him fi come back there.The day he left Bellevue, I cried. Mi not even signno paper. I was upset and crying….When we gothome, [he] was saying that I am a wicked womanbecause mi want him fi stay a Bellevue, mi nevawant him fi come home.” Many persons believe that Bellevue has thecapacity, in more ways than one, to keep theirrelatives from relapsing. It is generally understoodthat keeping an individual institutionalised who iswell enough to be discharged is not beneficial tothem. While mental health professionals areadvocating for persons to be released into the careof their families with follow-up treatment, thesocial support system has to be taken intoconsideration and must be strengthened tosupport such a decision. The social support system extends far beyondcommunity health care. With the pace at which theworld moves it is difficult for any one person totake care of a sick person. This is not only costly,but requires time, patience – for supervision – aswell as financial stability and commitment.

THE TRANS-MIGRATION OF THEMENTALLY ILL TO THE

CORRECTIONAL SERVICESIn many of the cases reviewed, the mentally illperson did not have much social support, and asin the case highlighted previously, they oftentimesend up in the criminal justice system and some ofthem even die while in custody e.g. jails andsubsequently remand centres. Some of these persons are eventually migratedto the Correctional Services because they were notadequately monitored, they end up discontinuingtheir treatment plans, they relapse and are turnedout of their homes, or because during a fit of

aggression, they engage in criminal acts. Thus, it isclear that while there is a move to decentralise theinstitutionalisation of the mentally ill, carefulthought has to be given to their welfare afterrelease.Dr. Frederick Hickling, Professor of Psychiatry

and Head, Section of Psychiatry, University of theWest Indies (Mona) stated that there is a methodcalled the DAPA system (diverted at the point ofarrest) that can be used to assist, the securityforces, in dealing with the mentally ill who aretaken into custody. “…People who commit minorcrimes, instead of being [locked] up and put in theprisons, they get treated by the primary carefacilities and within a couple of days, weeks, theyare well again and back in the society. This meansa lot of these people don’t end up in prison”.

DE-INSTITUTIONALISATION OFTHE MENTALLY ILL

The Strategic Mental Health Plan 2009-2014prepared by Dr. Abel, the mentally ill individualslocated in the criminal justice system include:1. Individuals in police custody and in lock-ups

who are awaiting trial2. Individuals who have been remanded in

custody in prisons and sent back to the local lockup pending trial3. Individuals before the court for whom

psychiatric evaluation is requested.n

JCF POLICIES AND RESOURCESAccording to a report published in theJamaica Observer, dated Sunday, March 27,2011, entitled, “Deaths of mentally illassailants unfortunate” - JCF Chaplain -We’resorry, Assistant Commissioner of Police(ACP) Gary Welsh was quoted as saying:

“the incidents were not to be interpreted to mean thepolice were not equipped to effectively restrain mentallyill persons. He noted that, to the contrary, eachmember of the JCF receives basic and in-servicetraining to that effect. “He stressed, however, that where the safety of the

policeman is in jeopardy, steps will be taken to‘neutralise’ the threat. Officer safety is paramount forus.“We are trained to restrain mentally challengedpersons, but we will neutralise any threat using theforce necessary.”

ACP Welsh was speaking to incidents wheretwo persons believed to be of unsound mindwere killed by the police. According to the Jamaica ConstabularyForce Orders dated October 21, 2004, (SerialNo. 2994) which was republished in the Feb-ruary 16, 2012 Force Orders, (Serial No.3374):

1. When the police has been contacted, anda person is reported to be behaving in a waythat might suggest that they are mentally ill,the police should respond promptly, andspecial containment equipment eg. (handcuff)should be used to prevent the needfor lethal or inappropriate force. 2. The individual should be taken immedi-ately to the nearest designated medical facilityfor proper medical/psychiatric evaluation. Chapter 34 of the Jamaica ConstabularyForce Standing Orders entitled PrisonerTransport – Policy and Procedure in SectionV (A)states:

Security Forces’ Reality

Every member of the Force may, inself- defence against an attack on himself bya prisoner, use necessary and reasonable forceto restrain such prisoner as per Force Orders#2248 on “The Use of Force.” In the eventthat the prisoner is injured, thatmembers shall be responsible to ensurethat he is provided with medicalattention as early as is practicable. Chapter 34 of the Jamaica ConstabularyForce Standing Orders entitled PrisonerTransport – Policy and Procedure states inSection V (F):It is imperative that special care andattention is exercised by the escort partywhen physically and mentally handicappedprisoners are being transported.The chapter goes on to state in Section VII

(K) that mentally disturbed prisonersgenerally pose a significant threat tothemselves and to anyone with whom theycome in contact. Therefore, it is essential thatadequate restraining devices are used tocontrol these individuals when they are beingtransported. The device chosen shall becapable of restraining the prisoner securelywithout causing any injury and shall notpreclude the use of handcuffs whennecessary.According to the extract taken from theJamaica Constabulary Force (JCF) TrainingManual entitled Handling Abnormal People“a constable has many contact with mentallydisturbed persons due to the nature of theprofession”.

OVERVIEWThe police assistance is normally requestedbased on the fact that behaviour of amentally ill person may discourage others,including family members to approach them.As a result of these and other factors, the JCFneeds to ensure that its members are awareof the appropriate handling procedureswhich could be utilised in dealing with thementally ill. The constables were informed, that as ageneral rule “to be considered mentally dis-turbed, a person must be acting or behavingin a manner that is inappropriate for his orher position or background”.The constables were reminded that theyhave “many responsibilities when dealingwith the mentally disturbed” however, theirprimary responsibilities are always to protectthe public, protect themselves, protect

property and protect the person (fromhim/herself or others).For the Constables to better able to dealwith the mentally ill, the JCF found itnecessary for them to become familiar with anumber of psychological terms such as whatis abnormal, agitation, anxiety, compulsion,delirium, delusion, depression, emotions,functional, hallucination, hypersensitive,irritable, mania (manic), neurosis, normality,obsession, organic, paranoia, psychosis,reality, toxin (toxic) et al. They were alsointroduced to the behaviour and how to dealwith the mentally retarded, deaf people,suicidal persons and crisis behaviour.

DEALING WITH THEMENTALLY ILLThe JCF believes that dealing with thementally ill can be quite difficult for theconstables however; if they have a basicunderstanding of the mentally ill, then theywould be able to care for them in a safe and

considerate way. In improving the constables’ understanding,some general suggestions were given asextracted from the JCF training manual. The constables were informed that“generally speaking, a mentally ill person isprobably less dangerous than a normalperson”, however there are exceptions,therefore the constables where introduced tothe different types of mental illness and howto deal with them. In the JCF training manuals, guidelines weregiven to the constables regarding how tobetter deal with the mentally ill. A few arelisted below;n The constables should understand thatoften the mentally ill person does not heartheir command and so does not react tothem. Occasionally the mentally ill’s reactiontime is so slow it appears that they did nothear. n The mentally ill should be treated in anunhurried, calm, non-authoritative manner,contact can be made and the person willcomply (even though the person may notoutwardly respond).n The constable should not become angryor impatient when the mentally disturbedseem to be ignoring them, as they arelistening. n Depending on the type illness, theconstable may have to remove their weaponand hat slowly and speak with the mentallydisturbed. n The constable should speak in a low, calmtone and explain every detail of theirintentions to the person. It will often taketwenty (20) to thirty (30) minutes.n The constable should have adequateassistance (at least five (5) constables) nearbut not in the room or beside them.n The constable should note thatoccasionally, the mentally ill person will hearvoices telling them to attack or kill and theywill do so, and under careful questioning theywill readily admit to such crime. n The constable, when dealing with asuicidal person, should take their time and donot give orders or use their authority to makethe person stop. (If possible they should tryto remove the means of the personcommitting suicide and try to get them totalk).n

THE CONSTABLE SHOULD:Take their time. They should not rush. Unlessthe person is acting in manner which isendangering himself, herself or someone else,they should try to learn something about thementally ill person before deciding what to do;as the calmer the constable acts, the more calmthe person will be.n The constable should get muchinformation as possible about the person.n They should avoid abuse or threats(this cannot be overemphasised) and don’torder them around, it will not work. n They should be as honest as possibleto the person.n They should remain objective. Asconstables they will be a target for verbal abuse.They should not become upset or angry at suchabuse as it is not personal. This is attributableto the person’s illness and they cannot controlit. n They should not restrain the person unlessit is absolutely necessary, as that will cause theperson to become even more upset.n Should it become necessary to place amentally disturbed person in a cell, theconstables should remember that theregulations state that, mentally disturbedpersons must not be placed in a cell with otherpeople. (it is better to take them directly to thehospital)n If the mentally disturbed person must beplaced in a cell, he or she should be checked ona frequent basis.

25


26


4404

4

4399

8

4509

8

4873

2 5430

9

5617

5

1855

9

2023

6

2152

6

2380

9

2627

5

2744

0

7649

6825

6627

7046

7624 92

05

7955 99

04

9587

9632 10

985

1082

0

9881

7033

7358

8245 94

25

8710

0

10000

20000

30000

40000

50000

60000

2005 2006 2007 2008 2009 2010

Num

ber

Year

All Regions

South East

North East

North West

South West

Figure 1.1: Patients seen in outpatient clinics by region 2005-2010

Figure 1.1shows that there has been a steady increase in the number of patients seen in outpatient facilities across the island between 2005and 2010. In 2005 the numbers stood at forty-four thousand and forty-four (44,044) and increased to fifty-six thousand one hundred andseventy-five (56,175) in 2010. (Source: Ministry of Health)

Statistics

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The World Health Organisation’s(WHO) Mental HealthLegislation & Human Rights(2003) states:

“People with mental disorders may, on rareoccasions, pose a risk to themselves or othersbecause of behavioural disturbances andimpairments in their decision-makingcapacities. This has consequences for peoplewho come in contact with them includingfamily members, neighbours, work colleaguesand society at large” (WHO 2003, p. 9).

In summary, the WHO recommend thatcountries with mental health legislationshould, among other things:

1. Map the mental health laws and setpriorities for the components whichurgently need implementation.

2. Conduct interviews with key informantsand/or focus groups, mental healthprofessionals and other stakeholders.

3. Conduct public education andawareness campaign.In an article entitled ‘Training Police to HandleMental Illness Cases’, a police officer who hadinteraction with mental health experts andfamilies informed that most situations couldbe defused if police officers were trained toapproach mentally ill people differently fromcommon criminals – slowly, calmly andrecognising that the person may not be seeingthe situation clearly (Silberner, 2009). On other occasions, he admitted that policeofficers usually have little choice but to takepeople in need of immediate help to countyjail. The Bazelon Center for Mental HealthLaw, a national legal-advocacy organisationrepresenting people with mental disabilitiesin the USA, is of the view that “what’s reallyneeded are community services where peoplewith mental illness can get treatment andsupport, so that crises can be avoided in thefirst place” (Silberner, 2009).

LESS-LETHAL ALTERNATIVESThe cases reviewed in this investigationshowed situations where the police wereallegedly confronted by persons who, whenenraged, attacked with machetes, knives andother dangerous and offensive weapons.According to police personnel interviewed,the only way to protect themselves and theircolleagues was to discharge their firearms.This, more often than not, results in the deathof the mentally ill person.According to recommendations made byresearchers and mental health professionals,the taser gun or stun gun is the mostappropriate weapon to be used when dealingwith the mentally ill. The taser is a self-defence weapon and is agood alternative to a firearm. It delivers anelectrical charge to incapacitate a person. Thetaser uses compressed nitrogen gas to firetwo darts, which penetrate the skin of thetarget. The darts have trailing electrical wiresthat remain attached to the gun and deliversan electrical charge through the wires. A taserdelivers a continuously pulsing charge thatkeeps the target incapacitated as long as thetrigger is pressed.With the taser a constable has the option ofstaying a distance away in order to restrain theindividual. The possibility of causing injuryor death is greatly minimised when in use as

opposed to a firearm, where more than oneperson can be injured and/or killed with thedischarge of a single bullet. The use of the taser, thus, presents thepossibility for saving the lives of persons whoare mentally ill. If this becomes an alternate weapon to beused by the security forces, it is recommendedthat a clear user policy be developed andimplemented to ensure that it is usedappropriately.The taser policy should include the trainingof members of the security forces in its useand the period for re-qualification, on whomthe device should be used, the emotionalaspect when the device is used on persons,where and when these devices can be utilised,the justifications for its use, and the legalframework behind its use.

LESS LETHAL PROJECTILEWEAPONS

These types of weapons include ballisticbags and rubber or wood bullets, 12 gaugebeanbag rounds or flexible batons. These aregenerally fired from a standard 12 gauge 13shotgun, a 37mm gas gun, or a 40mmgrenade launcher. The taser also falls underthis category.

BEAN BAG ROUNDSThe beanbag round is also known as a

Chapter 7: Best practice when dealing with thementally illOther jurisdictions and the use of non-lethal weapons

Bing Images

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flexible baton. It is typically fired from ashotgun and is used by civil and militaryforces, mainly in the United States ofAmerica.The round comprises a strong nylon fabricbag filled with approximately 40 grams oflead shot which is then fitted within astandard 12-gauge shotgun shell. When fired,the round spreads out in flight and distributesits impact over about 6 centimetres of the tar-get. It is inaccurate over about 6 metres andhas a maximum range of about 20 metres,and is unsafe to use below 3 metres. The blowthat it delivers will cause minimum long-termtrauma and no penetration but briefly renderthe target prone and immobile. This isprimarily used by police for riot control.

THE BATON ROUNDAccording to a publication by NorthernIreland Human Rights Commission, (March2003), “The baton round is a projectile, firedfrom a weapon, which is intended to strikethe target with sufficient force to causecompliance through the application of pain.More specifically the baton round is a non-

flexible impact projectile (also called a kineticenergy round), launched from a grenadelauncher. Because it is rigid and does not de-form on impact it will transfer most of its en-ergy to the target.“The physical consequences of this action,depending on the rate of speed of the celldisplacement or the effects of fluid shock,may result in two possible outcomes - bluntor penetrating trauma. The maximum desiredeffect of a crowd control munition is blunttrauma defined as the impact from an objectthat leaves the body surface intact, but maycause sufficient (non-life threatening) injuryto incapacitate. However, any application offorce to a human body may cause injury.“A baton round is intended to cause a blunttrauma on impact rather than a penetratingtrauma. Damage is also dependent on thearea of the body hit, for instance the head,neck, chest, spine and kidney areas areconsidered the most dangerous areas to hit,whereas abdomen, legs and arms are the leastdangerous.”The baton round can also be used insituations where a firearm would otherwise

be used, as a less lethal option.

OTHER NON-LETHAL WEAPONThe pepper spray, handcuff and baton areuseful non-lethal weapon, however, in orderto use any of these on a mentally ill person,the security forces would have to get close,therefore putting the user at risk where thearrestee has not been otherwise incapacitated.The devices used when restraining thementally ill must be appropriate, effective,and pose a lesser lethal threat. Some of themental disorders are temporary and can becured. If it cannot be cured, it can be treated.Therefore, as was highlighted in the CaseStudies of DM and DC, both had theopportunity of rehabilitation andreintegration.n

Three intact Bean Bag Rounds (Bing Images)

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Chaper 8: Analysis of the Problem

The Strategic Mental Health Plan 2009-2014 highlighted that in Jamaica, acritical part of the problem is thatthere is no established facility to

house persons who are mentally ill and havefallen into trouble with the law. “There is a need to establish more improvedfacilities for persons in prisons with mentalillness…and to provide specialised trainingfor police officers and probation officers, inorder to divert non-violent offenders withmental illnesses away from incarcerationinto treatment.…There is a “growingcriminalisation of persons with mentalillnesses, and jails and prisons are becominga major living setting for such persons,” thedocument states.

WHO RESPONDS TO CASESINVOLVING THE MENTALLY ILL?Analysis of several psychiatric reports,suggests that some of the deceased weretransported by police, in the past, to seekmedical attention. The question that arisesthen is what was different at the time theindividual was fatally shot by the police? Could it be that the police who respond tosuch scenes had no idea that the person inquestion was mentally ill?Based on the investigations carried out, theimpression is given that the police are notnecessarily equipped to deal with personswho have mental illnesses. However, there is another factor to con-sider, as according to ACP Welsh, the stan-dard operating procedure is for the securityforces to respond in partnership with a mem-

ber of the mental health fraternity, however,he was quick to highlight that the mentalhealth fraternity persons are not alwaysavailable. In all of the cases, the police insisted thatthey fired their weapons in self-defence. The JCF Standing Orders, while it gives thepolice a right to defend themselves and thosearound them, it also places a responsibility onthem to ensure that the individual receivesmedical attention as soon as possible. Whatmust be clearly stated is that the mentally illcan be violent and the police like the ordinarycitizen are at risk. In one case the wife of thedeceased stated that her husband attacked herwith the knife. As in the case of AG, itappears on the surface that the police had noother alternative but to use whatever appara-tus they had to deal with the situation onhand.n

Police confronting the mentally ill

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THE CASE OF AGA relative of AG said he had two of the kitchenknives and was not speaking normally. When he wasconfronted, AG’s remark was “Do you think I wouldhurt you?” These family members were not usuallyfearful of their relative, but because of AG’s actions,they became afraid. They called the police forassistance; AG disarmed the police, however the fam-ily believes the police did not have to shoot.

THE CASE OF LWFor the family of LW and others who werefatally shot, the police did not have to shoot.The family members believe that owing to thefact that the police were informed prior tocoming on the scene, they should have beenbetter prepared to deal with the situation, andbased on their request, shooting the relativeshould not have featured in the actions of thepolice. The expectation was that the policewere properly trained to deal with thementally ill. In LW’s case, his wife believed

the police had the appropriate weapons todeter her husband from his behaviour.

EMOTION OF VICTIM’S FAMILYBased on analysis on specific cases, when afamily member witnesses a relative being shotby the police they experience a range ofemotions, from shock, anger to self-blame.They often feel if they had not called the po-lice their relative would still be alive. They alsoexperience the blame from other members ofthe family who believe they are to be blamedfor the death of the relative. Oftentimes theyfeel deep regret. The emotions that comewith the fatal shooting of a mentally illrelative are complex, because at the same timerelatives may be relieved. It is therefore clear that the police have tobe specially trained to defuse the situation.While in principle it is ideal that the policevisit the scene with psychiatric aides whohave been specially trained to deal with thesesituations, this is often not the case. To prevent recurrence of similar situations,trained psychiatric aides ought to be placed atthe main community health facility in eachparish so that they can assist the police whenthe need arises. It is clear that, as Dr. Abel and

other psychiatrists point out, there needs tobe more investment in the strategic and sus-tainable development of community mentalhealth services to address some of the issuesconfronting the mentally ill and the police. The perception is far-reaching as once thephrase “mental illness” is mentioned personsthink that the individual is ‘mad’ and fits oneprofile, that is, they use expletives, hurlsstones and other missiles and are unkempt.The approach to persons who are mentally ill,to a large extent is influenced by people’sperceptions. The treatment that the mentallyill receives is often dictated by the perceptionsothers have of them. In some cases, personalexperiences dictate how they are approached.This may be the thinking of some of thepolice officers who have to deal with thementally ill.n

Police confronting the mentally ill, family emotions

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Social support andrelapse of thementally ill

For the police and the family alike,there is a need for an extensivepublic education campaignfocusing on the treatment of the

mentally ill among us. This is needed in aneffort to address and reduce fatalconfrontations with the police and deaths incustody of the mentally ill. Additionally, untilthe perception of mental illness and‘madness’ are divorced this problem will notcease to exist. What must be clearlyunderstood is that there are degrees ofmental illness, and as a result all personsconcerned must act decisively in order toeffectively deal with the situations. If policemen and women are going to be asked to dealwith the mentally ill, they must be equippedto do so. A consultant psychiatrist interviewed as apart of this investigation pointed that theyoffer and do training with the security forcesperiodically or when requested.

POLICE - DUTY TO INTERVENEForce Orders dated November 2, 2000 state

that “on no account must a member of thepublic be told in future that the police cannottake action against a mentally ill person unlessthe mentally disordered committed anoffence.” In fact, there have been cases wherepersons state that they had requested the helpof the police and were told that they wouldnot intervene because they did not want thefamily to blame them if anything were tohappen to their mentally ill relative. Thepolice seemed to be caught in a very delicatesituation where they want to help, and by theForce Orders are told to do so, however, ifanything goes wrong, they are the ones toreceive the blame. During the course of this investigation,several police personnel admitted that theywere ill-equipped as to how to effectively dealwith the mentally ill. In fact, having reviewedsome cases, it would seem that if the policehad been better prepared to work with thementally ill some of the fatalities and/orinjuries could have been avoided.

MENTAL STATUS OF PERSONS WHOCOME IN CONFRONTATION WITHTHE POLICEIn most of the cases reviewed, the personwas known to be mentally ill prior to beingfatally shot by the police. The most commondiagnoses were schizophrenia and bipolardisorders. The diagnosis for one of thedeceased in this investigation remainsunknown. He was however treated by apsychiatrist. The conditions of these persons dated as farback as 8 years prior to their being shot bythe police. The only case where an individualwas shot by the police without formaldiagnosis, or being ill for any great length oftime was in the case of AG who was said tobe demonstrating signs of mental illness justdays before he was shot by the police. Force Orders dated November 2, 2000stated that “on no account must a memberof the public be told in future that the policecannot take action against a mentally illperson unless the mentally disordered personcommitted an offence.”n

Educating citizens, and members of the security forces

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Recommendations and Findings

1. The Commission humbly refers to theCommissioner of Police, the followingrecommendations for action (Section 17 (9)and 23 of the Independent Commission ofInvestigations Act):

a. That within 120 days, the JCF develop aprogramme to train, refresh and monitor thememberships' appreciation of theoperational policy regarding dealing withpersons who are mentally ill. This could in-clude the development of an aide memoirbooklet, simulation drills, and continuous li-aison with mental health professionals in the

division.

b. That within 12 months, all stations andresponse vehicles be equipped with tasers.Before deploying tasers for use, the JCFmust promulgate an operational policy forits use and certification (to include periodicre-certification) of police personnel.

2. The Commission humbly refers toParliament and the Honourable Ministers ofHealth and National Security the followingrecommendations:

n There should be at least two MedicalResponse Teams for each region consistingof police officers with specialised training indealing with the mentally ill and withpsychiatric aides. There is a special need inthe rural areas where their remotenesschallenges quick support from mental healthprofessionals. These teams should be on-callon a 24-hour basis.n Ongoing refresher courses for the securityforces should be provided regarding how tomanage the mentally challenged.

The circumstances surrounding the death ofthe mentally ill as a result of confrontationwith the police were concerning. Based on theforegoing investigations, our findings are asfollows:

n Of the incidents examined for thisinvestigation 75 per cent ended in fatalities,while 25 per cent ended in injuries.

n Areas Two and Three accounted for 90 percent of the fatalities (involving mentally illpersons in confrontation with the police)recorded between 2005 and 2012. Notably, inArea Two, most of the mentally ill personswho survived these confrontations were shotin the leg.

n People in the community often felt that thementally challenged individuals were nuisances.

n Police officers have received basic training

in dealing with mentally ill persons.

n In the majority of cases, police impatiencecontributed to an escalation of the situationwith the final result being the killing or injuringof the mentally ill person. This is a breach ofthe JCF procedures and in extension a breachof right to life.

n In a significant number of cases, the victimposed no obvious, or immediate threat to thepolice or citizens yet the interaction with thepolice led to the victim's death or injury.

n In most cases, when the mentally ill personwas shot (fatally or injured), there were nosenior officers (sergeant and above) present.

n The police are ill equipped and unpreparedto handle situations involving the mentally ill.The JCF has not issued to police any of theexpected special restraint devices or

appropriate less lethal weaponry that ought tobe used when dealing with mentally ill persons.Although, the JCF has a well-intentionedpolicy, the members routinely fail to abide bythe policy when a real life situation presentsitself.

n In the majority of cases, the fact that thevictim was mentally ill was known to the policebeforehand.

n In some cases the mentally ill personsexacerbated their condition by smokingmarijuana while on medication.

n In most cases the deceased had been inpossession of an offensive weapon when theywere fatally shot.

n There was no sign of consistent mentalhealth care at the community level.

COMMISSION'S RECOMMENDATIONS

FINDINGS

PART THREE:

DEATH IN CUSTODY


In May 2011, the Commission receiveda letter from an attorney alleging thatin 2008 eight (8) prisoners died whilein custody at the Port Antonio Police

Station.Checks by the Commission revealed that infact five (5) deaths had occurred at the samepolice station during the period 2005 – 2009.This caused the Commission to launch anislandwide investigation into deaths ofprisoners while in the custody of the police.Investigations have revealed that at least 36deaths have occurred from 2005 to 2012.When this is added to the number of personswho died in the Remand Centres (Depart-ment of Correctional Services), the statisticsreveal that at least 12 prisoners die in custodyeach year. The Commission believes that some of thecausative circumstances resulting in deaths incustody are repetitive and can be prevented.Efforts made to access reports ofinvestigations into these incidents reveal thatthese matters were not well investigated,which may hinder the outcomes of thesematters. Of note too is the fact that a numberof these persons dying in custody were men-tally ill.

DEFINITIONS OF DEATHIN CUSTODYThe Independent Police Complaints Commission (IPCC) Report (2009) defineddeath

in custody as:Deaths of persons who have been arrestedor otherwise detained by the police; itincludes deaths which occur whilst a personis being arrested or taken into detention. Thedeath may have taken place on police, privateor medical premises, in a public place or in apolice or other vehicle.The report defines deaths in custody assituations where deaths happen:

1. During or following police custody whereinjuries resulting in the death of the personhappened during the period of investigation2. Deaths which occur in or on the way

to hospital (or other medical premises)following or during transfer frompolice custody. 3. Death which occur as a result of injuriesor other medical problems which areidentified or developed while a person is incustody

During our investigation, it was noted thatthe definition for death in custody amongpolice officers was unclear across ranks.In one case it was felt that the prisoner didnot die in police custody because he wasadmitted in hospital at the time of death. Inother cases, some police personnel felt that ifthe prisoner was never physically at thelockup but was under police guard at hospitalfrom the time of arrest until he/she died,then it would not constitute a death in

custody. Therefore, one of the aims of thisinvestigation is to define and explain clearlywhat is meant by a death in custody. It is alsoimperative that more police personnel at alllevels inform themselves of the various waysa prisoner can die while in custody.

TERMS OF REFERENCE

• To determine circumstances surroundingindividually reported cases of death ofdetainees, whilst in the custody of the police;

• Determine whether or not there arereasons to suspect that any person iscriminally culpable for the death;

• Determine whether or not the right to lifewas breached.

• To examine the police reporting, recordingand investigation of these deaths;

• To make recommendations for futureactions.n

Chapter 9: Death in Custody

35

Background of Investigations and Terms of Reference


Situation Analysis - Jamaica

36

Case Studies


Prisoner RMRM was about 16 years old when he beganshowing signs of mental illness, in one instancehe attacked his mother, cutting her with a knife.He was taken in by the police in his area andthen transferred to a Remand Centre forJuveniles. He later appeared before the FamilyCourt and was sent to a Juvenile CorrectionalCentre where he remained until his 18thbirthday, at which time he was discharged.In October 2004 he again attacked anotherfamily member and was taken into custody bythe area police. While in custody his behaviourappeared strange and so he was sent toBellevue Hospital. According to family members, he wouldsmoke marijuana and drink white rum. This hebegan doing at about age 16, and according tohis mother, “this flip him off ”. Even after hisdischarge from Bellevue, he was still abusingdrugs and alcohol.He was admitted at the Bellevue Hospitalbetween 2004 and 2010 and was diagnosedwith Cannabis-induced Psychosis.

COMMUNITY MENTAL HEALTH SERVICESAfter his discharge from Bellevue, he wasreferred to a Health Centre in the communitywhere he received treatment on a monthlybasis.

THE INCIDENTOn January 2012 he was placed in custodyafter he and others were beaten by an angrymob of residents. Reports are that the menattempted to rob citizens. One person died onthe spot and RM was rushed to hospital wherehe was treated and released that same day incustody of the police at which time he had cutsand bruises all over his body. Specific instructions were given for theprisoner to be taken to another hospital for anorthopedic opinion on the following day and,three days later, to the Parish Health Centre forchanging of bandages. After carefully examining the diaries at thepolice station, it was observed that the policeofficer who escorted the prisoner fromhospital recorded the specific instructionsgiven by the doctor in the Station Diary.However, upon examination of the Cell Diary,it was noted that the entry that was recordedby the said officer was deficient, in that it omit-

ted the details from the hospital for furthertreatment. The station diary in which theinformation was recorded was closed and putaway two days later. Between the period ofprisoner’s arrival and the day of his death therewas no entry taking him to the specified healthfacilities. Police personnel, however, hadconcerns for his mental health and so anappointment was set for him to see thepsychiatrist prior to his death; however, he wasnot seen. When RM was rushed to hospital when hefell, records show that he had multiple bruises,abrasions and cuts all over his body.

AREAS OF CONCERN1. Record KeepingRM was transported to court but there wasno record of him being taken there. Aftercourt he was taken to another station thentaken to another station; however, the recordsat any of the station did not clearly show themovement of the prisoner.

2. Treatment of prisoners with illnesses .RM who had obvious injuries was not takenback to the hospital for follow-up treatment.n

PRISONER LSLS, a man of a Portland address, was a taxidriver. He was a prisoner at the Port AntonioPolice Station on a charge of rape. He had beenoffered bail on May 28, 2009 in the sum of onehundred and fifty thousand dollars($150,000.00), but he did not take up his bail. It is not clear if LS had a history of or had beendiagnosed with a mental illness. He was howeverplaced in Cell No. 5, the cell where persons withmental illness were housed separately from otherprisoners. LS had two cellmates, both of whomdemonstrated signs of mental illness. LS wasremanded in custody at one point for apsychiatric evaluation; however, once that wasconducted, it confirmed that he was fit to plead.

THE INCIDENTOn June 2, 2009, during meal time andvisitation, a prisoner noticing that somethingstrange was happening in the adjacent cell,

alerted police personnel. When checks weremade, LS was seen hanging from the ventilationgrill by a piece of string fashioned from hispants. There were no signs of injuries to thisbody and at the time he was found, there was oneother prisoner in the cell with him. He was cutdown and taken to the Port Antonio Hospitalwhere he was examined and pronounced dead.

WITNESS ACCOUNTOne witness stated that he would normallyspeak to LS on a daily basis. However, on thisparticular day, LS did not greet him when hepassed by to go to the bathroom. He thoughtthis strange, but proceeded on his journey. Onhis way back he still did not hear LS, but stoppedto check with him, to find out why his brotherhad not come to bail him. He said he noticed LSwith his face to the wall and a piece of clotharound his neck. The prisoner who was in thecell with LS was interviewed but was deemedmentally incompetent to give a statement.

AREAS OF CONCERNOn the day in question, prisoners in an adjacentcell brought to police officers’ attentionsomething that was happening in Cell No. 5, thepolice noticed that LS was hanging by a piece ofcloth from the metal vent at the back of the cell.When checks were made the body of LS wasmotionless. When checks were made of the records at thePort Antonio Hospital nothing was found for LS. A postmortem examination carried out on thebody of LS revealed that he died from asphyxiadue to hanging. A Coroner’s Inquest with jury was held into thedeath of LS and the jury returned the verdict thatLS suffered ‘death by asphyxia due to hanging’.The jury also ruled that no one was criminallyresponsible for the death of LS. n

37


PRISONER LRLR, at the time of his death, was a residentin St. Andrew. He was arrested in October2012 on a charge of Malicious Destructionof Property. He was offered bail in earlyNovember of that same year and was bailedby a relative who later returned LR andsurrendered his recognisance saying theywere no longer willing to stand surety. Hewas back in custody pending court inmid-November. LR began presenting with signs of mentalillness in 2006 when he began behavingstrangely at work and was also destroyingproperty. Accompanied by co-workers hewas taken to a medical facility for evaluation.Prior to this, he presented with no signs orsymptoms of mental illness. The assessmentcarried out diagnosed him as having BipolarDisorder. He was admitted in hospital forfurther evaluation. He was discharged somedays after admission and received treatmentin the outpatient facility. By the followingMarch 2007 he became non-compliant withhis oral medication and so injectables wereadded to his treatment plan. He wasreadmitted in the Psychiatric Ward at theUniversity Hospital of the West Indies andremained there for two weeks.

THE INCIDENTOn November 12, 2010, LR was found inhis cell at the Red Hills Police Station by cellguards. At the time he was lying on his back,naked, and appeared to be dead. Thesupervisor on duty was informed and thescene was processed by personnel from theArea 4 Scene of Crime. Upon examinationthere was no visible mark of violence seenon the deceased and no foul play wassuspected. The body was removed to themorgue pending a postmortemexamination.

WITNESS ACCOUNTA relative of LR stated that he had gone tothe police and requested that they provideLR with medical treatment, however, in herresponse, she said that the police refused togrant her same. Some days after making thisrequest she received a call saying that her sonhad died while in the custody of the police.

THE SECURITY FORCE’SACCOUNTAccording to the Station Diary entry takenfrom the Red Hills Police Station, LR was

visited the same day as his death by a medicalPsychologist. LR was assessed by the doctora few days prior to his death who promisedto send a team to administer medication toLR. The final cause of death was determined aspneumonia, chronic obstructive pulmonarydisease, left ventricular hypertrophy andchronic ischemic disease. A secondary causeof death was a fatty liver.

AREAS OF CONCERNOf the five (5) cases examined in thePortland Division, three (3) of the prisonerswere found hanging, one was beaten by in-mates which led to his death and one wasdue to illness. The mentally ill prisoners werekept in a poorly maintained cell which hadno proper lighting. n

Jamaica’s Constitution guarantees theprotection of the right to life. The Stateis obliged to take steps to secure this

right. Persons in the custody of the State areparticularly vulnerable and the State has aspecial burden to ensure that their lives aresecure. The State must take the necessary and

reasonable preventative operational measuresto protect an individual whose life is at risk,whether by his own hands or by the actionsof a fellow inmate. The standard of attentionrequired must not be impossible ordisproportionate. Where the authorities knew,or ought to have known, of a real andimmediate risk, then they ought to take suchreasonable and expected measures that arewithin their scope of powers to avoid therisk. The right to life further triggers a

procedural obligation for the State to ensurethat there is an independent, effective,prompt, and official investigation of thecircumstances where an inmate is killed. Thisinvestigation must have a reasonable degreeof public scrutiny and ought to be aimed atmaking responsible State agents accountablefor their actions or omissions (Edwards etux v. UK (2002) 12 BHRC 190, Amin v.

Secretary of State of the Home Depart-ment [2004] 1 AC 653, R(L a patient) v.Secretary of State for Justice[2009] AC588).The gaoler must take reasonable steps to

ascertain whether a prisoner is a suicide riskbearing in mind that inmates are at a greaterrisk of suicide than the general population(Orange v. Chief Constable of YorkshireConstabulary [2002] QB 347). The Constitution further requires that

persons do not suffer torture or inhuman anddegrading treatment. Poor cell conditionsmay breach this provision (Doris Fuller v. R(1998) 56 WIR 337).The State’s obligation is also recognised in

tort. The arresting officer, knowing that thereis a risk of suicide, has a duty to so informthe gaoler. If an inmate’s suicide isforeseeable, and the gaoler did not exercisedue care to prevent this, a cause of action fornegligence could arise. The gaoler could not successfully plead

novus actus interveniens (i.e. that thedeceased’s act broke the chain of causationthat had started with the gaoler’s negligence)as the deceased’s act was the very thing thegaoler was required to guard against (Reevesv. Commissioner of Police for the

Metropolis [2000] 1 AC 360).Criminal liability for manslaughter may

arise where the standard of care is breachedto such an extent that a jury believes that it is“gross” and deserving of criminal sanction.Summing up the legal provisions, the State

is obliged to:1. Take reasonable steps to protect persons

in state custody from being killed whether bytheir own hands, by fellow inmates, or byagents of the State.2. Conduct an assessment of the

circumstances of any person being taken intocustody as to the risk that they will sufferharm whilst in custody.3. Ensure that the conditions of detention

are humane.4. Provide the means for independent,

effective and adequate investigation of adeath in State custody.If the State fails in any of these regards the

constitutional right to life would have beenbreached and possible exposure for criminaland tortious liability exposed.

THE CONSTABULARY FORCE ACTAccording to the Constabulary Force Act,

December 19, 1935 - Section 50H:

Chapter 10: The Legal Framework

38


Local Laws

(1) Every complaint made by orconcerning a person arrested or detained shallbe recorded in the Station Diary.(6) Where it appears to any member of the

Security Forces that a person under arrest ordetention is ill or requires medical attentionwhether or not that person complains ofillness, such member shall, without delay, takesuch steps as are necessary to cause thatperson to be given medical attention.

POWERS OF A CONSTABLEAccording to the law, where an offence is

committed by a person who appears to aconstable on reasonable grounds to bementally ill, the constable may charge thatperson for the offence and bring him beforea Resident Magistrate at the earliestopportunity, being not more than a period offive days after the date on which the offenceis committed; and may, where it is necessaryto detain the person until he is broughtbefore the Resident Magistrate, detain him ina lock-up, remand centre or a place suitablefor the detention of mentally disorderedpersons. Additionally, the constable mustmake a report in writing to a prescribedperson within twenty-four hours of suchcharge or detentionAccording to the Corrections Act, 1985,

section (26) subsection (1) where a prisoneror person detained in a lock-up or remandcentre appears to the Minister on thecertificate of a registered medical practitionerto be of unsound mind, the Minister may, byorder in writing setting out the grounds ofbelief that the prisoner or person detained isof unsound mind, direct his removal to anypublic psychiatric facility within the island.The person will be kept and treated as if hehad been ordered to be detained in the publicpsychiatric facility under the Mental HealthAct and, subject to Section 27, until the seniormedical officer or the mental hospital certifiesthat such prisoner or person detained hasceased to require treatment in that institution.According to Section (79) the Coroner,

having jurisdiction in the place where acorrectional institution is situated, shall holdan inquest into the death of any prisoner onwhom sentence of death is executed or whomay die in such correctional institution.

ORDER FOR POSTMORTEMEXAMINATIONS

As it regards the ordering of a postmortemexamination, the Coroner’s Act, 1900 dictatesthat (6.-41) If a coroner/JP/designatedpolice officer becomes aware of a dead body

or a part of the dead body in his jurisdic-tion/parish and there is reasonable cause tosuspect that that person died a violent/unnat-ural/sudden death and no one knows thecause of death, or a medical certificate hasnot been produced or if that person died inprison or under such circumstances that re-quire an inquest under any law, that Coro-ner/JP/designated officer has the discretionto lawfully direct any qualified medical prac-titioner to perform a post mortem on thebody.7.-41) Whenever the fact of a death under

the circumstances referred to in section 6 isreported at any police station, the officer incharge thereof shall forthwith notify the des-ignated police officer of such fact. (2) A designated police officer who is in-

formed or notified of the fact of a death,pursuant to subsection (1) or section 6 shall:(a) in the case of information or a notifi-

cation given by a person other than the Coroner, inform the Coroner of the fact

of death, within forty-eight hours after re-ceiving the information or notification; and (b) forthwith cause an investigation to be

made into the circumstances relating to thedeath, and report thereon to the Coronerwithin twenty-one days after first receivingsuch information or notification. n

39


40


Whenever the police is contacted regardinga person who is reported to be behaving ina way that might suggest that they arementally ill, the police should respondpromptly, and special containmentequipment for example, handcuff, should beused to prevent the need for lethal orinappropriate force. (The Jamaica ConstabularyForce Orders dated October 21, 2004, Serial No.2994 which was republished in the February 16,2012 Force Orders, Serial No. 3374) Further, the individual should be takenimmediately to the nearest designatedmedical facility for proper medical/psychiatric evaluation. Steps should be takento establish if the person arrested has ahistory of mental illness and is receivingactive treatment. Arrangements must be inplace to ensure safety from other inmateswhile the mentally ill person is in custody. Lock-Up Administration Policy andProcedures outlined in Chapter 41 of theJamaica Constabulary Force Standing Ordersstates that when a person other than amotorist is under the influence of drink ordrugs, is self-destructive and endangering thepublic, the police may take such person incustody. The document further dictates thatin handling such person the police shall becourteous, using patience and goodjudgment at all times. As it relates todetention, the policy states that no personsfitting the description above shall be placedin a cell with other prisoners but rather beplaced in a temporary holding facilityseparate and apart from the cell block. Itstates that such person or persons shall beplaced therein under close supervision ofthe cell staff and Guard Room Personnel. The document also makes provisions forthe frequency of visit to the cell, stating thatwhere a person is arrested and is believed tobe of unsound mind the police shall visitsuch prisoner once every half-hour and eachvisit recorded in the appropriate Registers.As it relates to security, the policy statesthat any unusual conditions or occurrenceobserved in the cells should immediately bereported to the Sub-officer in charge of

lockups whether verbally or in writingdepending on the nature of the occurrencefor appropriate action to be taken. Properdocumentation is also required once thisperson is in custody as the Sub-officer incharge of lock ups are required to record inthe appropriate registers any incidentreported to him that may threaten the facilityor persons in the facility and prepare adocumented report and ensure it isforwarded through the appropriate channel. In case of emergency situations theSub-officer in charge of lockups maycommunicate verbally to the Sub-officer incharge of Detention and Courts orDivisional Officer depending on the natureof the emergency, but in any event as soonas possible thereafter a comprehensive re-port shall be submitted by him through theproper channel for administrative review.To achieve proper administrative controland to ensure the security of lockups, adocumented security inspection of thephysical facilities should be carried out atregular intervals, but at least once weekly.Such exercise will help to ensure the safetyof police and prisoners and minimiseopportunity for escape.To maintain proper supervision of lockupswith an accurate accountability of prisonerswithin, the following procedure shall befollowed:

• The Sub-officer in charge of lockups orStation guard on taking over duty shallphysically check all cells and prisoners andensure that the cells are secured and that allprisoners are present and accounted for asper station records;

• Prisoners shall be visited and visuallyobserved at least once in each hour. In casesof “drunks”, lunatics or other exceptionalcases, they will be observed once in eachhalf-hour and at least three (3) times everyhour between 7:00 p.m. and 5:00 a.m. eachday. Each visit shall be recorded in theStation Diary or Cell Diary as appropriate.Prisoner identification is also addressed inChapter 34 of the Jamaica ConstabularyForce Standing Orders. Policy andProcedure Section VIII (B2) sub-titled

Prisoner Identification and Records:“the supervising Sub-Officer or StationGuard shall be responsible to compile theentries on the Prisoner’s Card. The numberat the top of the left hand corner of the cardshall represent the original entry made in theStation Diary at the time the prisoner wasarrested, followed by the date of arrest. Allother entries made in other relevant registersshall be cross-referenced with the StationDiary entry. The Station Diary numberallotted to the prisoner shall be maintaineduntil the prisoner is released or transferred.” It is the responsibility of the supervisingSub-officer to acquaint himself with therecords of all prisoners and thereby developa thorough up-to-date knowledge of thecase of all prisoners in custody. At theexpiration of his tour of duty, thesupervising Sub-officer shall submit awritten report to the sub-officer in charge toinclude:

1. Number of prisoners in custody

2. Movement of prisoners, i.e., Courtattendance, bail, released, transferred etc.;

3. Sick prisoner and medical attentionreceived, if any;

4. Any other matter relative to the welfareand safety of the prisoners and thepersonnel whom he supervises.n

Chapter 11: The Jamaica Constabulary Force Guidelines

JAMAICA CONSTABULARY FORCESTANDING ORDERS

41


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2007 2008 2009

2009 2010 2011

earY

2012 2013

Figure 2 shows the number of prisoners who have died while in thecustody of the police. In the (36) cases examined, for whichinformation was available, the period 2005 through 2012; Area Fouraccounted for the highest (9) followed by Area Three with eight (8),Area Two and Five accounted for seven (7) respectively whilst AreaOne had five (5).

Most of the deaths (six (6) each) occurred in 2006 and 2009. In 2010

there were five (5); while 2005, 2007, 2008 and 2012, there were four(4) each followed by 2011 with two (2). A point to note, one of theprisoner’s dates could not be ascertained at the time of this report.

Figure 2: Prisoners who have died whilst in custody of the Police from 2005-2012

Statistics

42


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Westn nrieht Cat.S

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Figure 3: Police Area Headquarters and Divisional Offices

The Jamaica Constabulary Force (JCF) has divided their police areas of Jamaica into five (5) Divisions, (See Figure 3) namely Areas One (1)through Five (5). Under each Area Head Office are Divisional Offices, which manage and support the various police stations within that di-vision. Area Four (4) is the largest with five (5) divisions, followed by Area One (1) and Five (5) with four (4) divisions respectively, and AreaTwo (2) and Three (3) with three (3) divisions each.

N % Abduction/Rape 5 14

Extortion 1 3

Malicious Destruction of Property 5 14

Sus/Larceny by trick 1 3

Murder-related charges 6 16

Buggery 1 3

Housebreaking & Larceny 1 3

Indecent Assault 1 3

Wounding-related charges 7 19

Larceny f/person 1 3

Attempted murder 1 3

Illegal Possession of Firearm 2 5

Incest 1 3

Suspected bigamy 1 3

Fraud 2 5

Total 36 100

Table 1: Reasons for which deceased [prisoners]were arrested

Table 1 shows the reasons for which deceasedprisoners were arrested and placed in the custodyof the police. In the 36 cases examined for whichinformation was available, abduction, rape andmalicious destruction of property accounted for14 per cent respectively. Murder-related chargesaccounted for 16 per cent while wounding-relatedcharges accounted for 19 per cent. (The others, toinclude illegal possession of firearm, were betweenthree (3) and five (5) per cent.

Figure 2.1 shows the number and age of prisoners who diedwhilst in the custody of the police. In the 36 cases examined, theprisoners’ age spanned between 15 and 65. The age range 26-35accounting for the highest i.e. 12 of which Areas Two and Fouraccounted for three (3) each.

The age range of 36- 45 had the second highest - nine (9) - withArea Four accounted for three (3), whilst the age range 15-25had the third highest (7) with Area Three and Five accountingfor two (2) each. The age range 46-55 and 56-65 accounted forfive (5) and three (3) respectively.

43


Figure 2.1: Age of prisoners who have died while in custody

Age

Num

ber o

f Pris

oner

s

Table 2 shows the reasons for which deceased (prisoners)were taken to hospital after they were arrested and placed inthe custody of the police. In the 36 cases examined, 25% ofprisoners were taken after they were found hanging; 17 percent after they were found unconscious/unresponsive; eightper cent due to physical injuries, while three per cent each wastaken due to other mental health issues and after stoppedbreathing/collapsed. 44 per cent fell under the category ofother.

44


Table 2: Reasons deceased [prisoners] weretaken to hospital following their arrest

N % Stopped breathing/ collapsed 1 3

Physical injuries 3 8

Found hanging 9 25

Unconscious/ Unresponsive 6 17

Other 16 44

Other mental health issues 1 3

Total 36 100

20

25

5

10

15

0

At

ckLoAt -up al rivarnopU

ruohaninWith uoh 12 to1

rsu rsuoh 24 to12 1 to24

keew

Figure 2.2 shows the length of time that passed between theprisoner arriving at the hospital and dying. In the (36) casesexamined for which information was available and applicable,during the period 2005 through 2012, ten (10) are currentlybeing investigated.

Of the 36 cases, 22 prisoners were pronounced dead uponarrival at hospital. Six (6) deaths took place between 1 and 12hours after prisoner’s arrival, whilst three (3) deaths occurredwithin one hour of arrival and another two (2) died between 24hours and one (1) week after arriving at the hospital. A furtherthree (3) prisoners were pronounced dead at the police stationlockup.

Figure 2.2: Time between detainee arriving at hospital and dying

Num

ber o

f Pris

oner

s

Length of Time

45


Figure 1.2 shows that of the total number 59 inmates who died between 2008 and 2011 whilst in custody of the De-partment of Correctional Services, 42 deaths were due to natural causes and 17 were unnatural. Of this amount ten(10) died in 2008, 15 in 2009, 18 in 2010 and 16 in 2011. For the period analysed nine (9) were mentally ill inmates; six(6) of whom died from natural causes and three (3) from unnatural causes. Among these, one was unfit to plead.(Source: Department of Correctional Services)

10 9

12

14

16t

Amou

n

9

14

13

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2

1

4

6

8

Amou

n

6

4

3

taUnn

alrut

0

2008

2009

eYYe

2010

rae

2011

Figure 1.2: Death of inmates while in the custody of the Department of Correctional Services

46


The Deceased - Police Area

Area 11. George Lindo – June 8, 2006

2. Jasper Forbes – September 26, 2005

3. Gayon Brown – September 10, 2008

4. Gerald Grey – May 2, 2009

5. Ernie Smith – November 23, 2006

Area 21. Henry McCalla – December 13, 2008

2. Fabian Hall – April 18, 2008

3. Lincoln Samuels – March 6, 2009

4. Donovan Johnson – August 4, 2005

5. Nicholas Robinson – March 30, 2007

6. James Walford – June 21, 2011

7. Osbourne Cooper – May 30, 2011Area 3 1. Theophilus Stubbs – November 3, 2009

2. Harold Graham – August 13, 2008

3. Kemar Williams – November 7, 2005

4. Buxton Miller – Unknown

5. Fabian Walters – February 21, 2007

6. Noel Cole – November 4, 2007

7. Robert Maragh –February 19, 2012

8. Ryan Mullings– February 17, 2012

Area 4 1. Michael Thompson – August 26, 2007

2. Warren Armstrong – February 8, 2010

3. Palgrave McFarlane – September 14, 2005

4. Vincent Phipps – November 20, 2010

5. Christopher Swaby – March 26, 2010

6. Washington Brown – April 4, 2006

7. Roland Malcolm - June 6, 2012

8. Ricardo Harrison – June 18, 2012

9. Andrew Scott - December 19, 2006

Area 51. Lovell Riley – November 12, 2010

2. Errol Wynter – February 16, 2006

3. Lloyd Ferguson – January 19, 2010

4. Shane Stamp – April 2, 2009

5. Gary Pinnock – July 1, 2009

6. Eric Bell – July 21, 2009

7. Eric Barrett – June 20, 2006

47


FORENSIC PSYCHIATRIC FACILITY

According to Messers. Rutherfordand S. Duggan, treating personsin a Forensic Psychiatric facilityprovides the most effective and

appropriate treatment for mentally illoffenders, and provides greater benefit interms of diverting persons from the criminaljustice system. Many of these persons wouldotherwise have been lost in the criminaljustice system. Treatment in such anenvironment can also help to reduce therising custodial population and the increasingre-offending rates for those leaving prison(Rutherford, M & S. Duggan, 2007September).It also provides treatment and support forthose individuals who require a secureinpatient facility due to their risk of harm toself and/or others. The Forensic Psychiatric

Hospital is a designated mental health facilitywhich provides for involuntaryadmissions for treatment purposes.(http://www.bcmhas.ca/ForensicService/ForensicHospital/default.htm)

POLICE LOCKUPSCharles Hounmenou, in his article Standardsfor Monitoring Human Rights of People in PoliceLockups lists the lack of access to mentalhealth care as one of the deficiencies ofpolice lockups (p. 1). Citing Layman, E. P. &McCampbell, S. W. (2007).The Prison Rape Elimination Act of 2003 andLaw Enforcement Agencies: Policy DevelopmentGuide recommended as a means of ensuringthe safety of detainees that: “Prior to admission into a police cell,detainees [should be] assessed in relation torisks including mental health, suicide, criminalhistory, and the potential for sexual violence,

and vulnerability for victimization” (p. 3).While speaking to mental health he quotedthe National Law Enforcement Policy Centre,“A police lockup facility is not intended foror equipped to handle detainees who requireimmediate or sustained medical attention”.Included in his indicators of detaineemedical/mental health, he stated, “Everydetainee who appears to be physicallyincapacitated due to drug or alcoholintoxication should preferably be examinedby a physician”. (p. 6). He further cited thepolicy document and stated that “no detaineewho has injuries or illnesses that requirehospitalisation or attention of a health careprofessional (should be) booked into a policelockup facility or otherwise held forinterrogation or other purposes” (p. 7). Hounmenou continued, “Any detainee whoappears to be mentally ill [should be]monitored continuously until he or she has

Chapter 12: Other Jurisdictions

International Best Practices

Photo:Bing Images.

48


been examined by a doctor or qualifiedmental health practitioner.A register is kept of any in-cell contact,including the time and duration of the con-tact, the custodial officers involved and theresults of observations about the conditionof any person who appears to be mentally illor who is intoxicated.Any person apprehended by the police andassessed as having a mental illness by aregistered mental health practitioner [shouldbe] transferred to an appropriate health carefacility as a matter of urgency.” (p. 11)He also stated that police assigned to apolice lockup full-time or part-time shouldbe appropriately trained for preventingsuicide of prisoners. In like manner, R. Lines in his article TheRight to Health of Prisoners pointed out that“Proper mental health care in prisons mustinclude adequate written record-keeping andmonitoring of patients, and be carried out byproperly qualified staff ” (p. 27). Monitoringof mentally ill patients should increasewhenever there is a change of mood andbehaviour. Lines inferred that the mentalhealth of persons who are already mentallyill deteriorates significantly withincarceration. “As with general medical care,mental health care must be available andprovided in a timely fashion in order to beconsistent with human rights law” (p. 27).UN Special Rapporteurs reporting on amission to Peru recommended that“Appropriate mental health services be madeavailable to persons in detention” (p. 28). In Mental Health as a Human Right, Lance

Gable and Lawrence O. Gostin highlight thatpersons with mental illness face considerablechallenges that prevent them from beingfunctional. These obstacles have implicationsfor quality of mental health care they receive.They state, “Mental health comprises anintegral component of overall health andwell-being” (p. 250). They further argue,quoting MacArthur Violence RiskAssessment Study that “…persons withmental disabilities have no greater propensityto commit violent acts than persons who donot have a mental disability….the keyvariable in predicting dangerousness isco-morbidity with alcohol and drugdependency” (p. 251). Gable and Gostin alsohighlight that a high number of persons whoare mentally ill are becoming homeless withthe move of deinstitutionalisation. Theypoint out, quoting in part G.N. Grob’s MentalHealth Policy in America: Myths and Realities:“Equally troubling is the steadytransmigration of mentally ill disabled peoplefrom psychiatric institutions to otherinstitutions – jails, prisons, remand centres,and nursing homes – where they do notreceive appropriate treatment, if any. In manycountries around the world prisons havebecome the de facto mental health systems,leaving this population isolated, forgotten,and deprived of their human rights” (p. 253).

IPCC REPORTResearch carried out by IPCC entitledDeaths in or following police custody highlightedthat the most common cause of deathamong prisoners was hangings. Of the 44

suicides across an 11-year period 34 werehangings. The Independent Police ComplaintsCommission (IPCC) of the United Kingdomreport entitled Deaths in or following policecustody: An examination of the cases 1998/99 -2008/09 highlighted that in case where riskassessment was done persons had “some oftheir property and/or clothing removed”while in other cases persons had less frequentchecks and suicides were committed whichraises question about the care they receivedin custody. Case 5.3 highlights this fact. (p.57-58). The report further stated “...custodyofficers may withhold a detainee’s clothingand personal effects where they consider that“they may use them to cause harm tothemselves…” (p. 39). As concerns supervision of detainees whoare considered high risk and/or mentally illthe report stated, “Detainees considered tobe at high risk of self-harm, who are treatedas mentally ill, or about whom there areconcerns regarding their consciousness, maybe placed on constant supervision. This mayinvolve constant monitoring through regularphysical checks, as well as use of CCTV” (p.39) Case 52 highlights this fact (p.55).n

49


Case Studies - United Kingdom (IPCC)

CASE STUDY #1

History of attempted suicides not captured, poor riskassessment, lack of checks and inadequate recording ofchecks.A man was arrested for assault/wounding with intent. Hewas a vulnerable individual as he was homeless and hadaddictions to alcohol and drugs (including solvents,amphetamines and crack cocaine) and had made severalsuicide attempts in the past. Despite the involvement of thepolice in one of the previous suicide attempts, there was nomarker on the Police National Computer for self-harm.At the risk assessment stage (in police custody), theinvestigator states that no efforts were made to probe orencourage responses to the risk assessment questions. Theofficer in charge of the risk assessment simply marked ‘no’against the different points. In addition, an officer in thecustody suite pointed to the detainee's waistband andshoelaces as a potential risk, but this was ignored by the officerconducting the risk assessment. Many of the cell visits were not carried out when required,and the checks which were conducted were not adequatelyrecorded on the custody record. No cell visits were carried outbetween 1a.m. and 4a.m., a three-hour gap in which the manhanged himself in his cell. The deceased hanged himself fromthe pipe attached to the sink in the cell. It transpired that theofficers in the custody suite had been watching a DVD duringthe three-hour time period.The pipe from the sink had not been identified as a ligaturepoint before. The investigator stated that he believed the ac-tions of the three custody officers “fell short of the positiveobligation under Article 2 [ECHR] to protect [the deceased's]life”. The file was passed to the CPS to consider a prosecutionfor misconduct in public office.n

CASE STUDY # 2 Lack of agreed checks and failure to accurately record in thecustody record.Police were called to a residential home by staff who reported thatone of their residents was “being violent” towards them. The policeattended and arrested the resident to prevent a further breach ofthe peace. She was taken to custody and there were markers on thecustody system for her as having mental health issues and previouslysuffering from depression. She was therefore placed in a cell with CCTV and on 30-minutechecks. She did not receive the checks she was supposed to; thecustody record showed that she was checked after one hour, aftertwo hours, and then after another hour. After checking the CCTVit was discovered that there were some additional checks that hadnot been recorded on the custody record, but that the woman hadstill not been checked every 30 minutes in accordance with PACE(for vulnerable detainees).When the woman was last checked on, she was lying on the floorin a foetal position, but rather than physically check her, the officerassumed she was asleep and continued her duties. Shortly after this,the custody sergeant was able to confirm that the deceased couldreturn to her home, and was going to inform her of this. At thatpoint an officer checked the CCTV monitor and saw the deceasedlying on the cell floor. The custody sergeant and gaoler attended the cell and found hernot breathing. They began first aid and called for an ambulance.Paramedics arrived and continued resuscitation attempts but the de-ceased was pronounced dead in hospital shortly after. The investigator found that the officer who was supposed to checkthe deceased did not check her every half-an-hour, did not accuratelyrecord the checks that were undertaken, did not record the searchof the deceased, did not record the visit by the doctor, and failed toattend the cell straight away when it was recognised that the deceasedwas lying on the floor. It should be noted that this officer had neverreceived any formal custody training but did recognise her PACEduties. The investigator also found that the custody sergeant failed to giveappropriate instructions to the other custody staff regarding themonitoring of CCTV and failed to ensure the custody records wereproperly maintained. The file was referred to the Crown ProsecutionService to consider possible criminal actions against the policeofficer for neglect of duty of care. The custody sergeant was given words of advice. The investigatoralso noted that when the deceased had previously been detained, therisk assessment had stated she was “violently suicidal/ had self-harmtendencies”, but this information was not on the system when therisk assessment was conducted for the more recent detention.n

50


CHARACTERISTICS OF PERSONSDYING IN CUSTODY

Of the data provided through theDetention and Courts Branch ofthe JCF, all persons dying in

custody were male and of Jamaicannationality. The men were generally of poorsocial background and general lack of familysupport. Some of the deceased wereremanded pending the outcome of apsychiatric evaluation, so in essence they weredisplaying elements of mental illness.According to the Strategic Mental HealthPlan 2009-2014 prepared by Dr. WendelAbel, consultant psychiatrist at the Universityof the West Indies:“there is no in-patient facility for convictedmentally ill individuals within the healthsystem…. There is a need to establish moreimproved facilities for persons in prisons withmental illness and to provide specializedtraining for police officers and probationofficers, in order to divert non-violentoffenders with mental illnesses away fromincarceration into treatment.The failure to develop an adequatelyfinanced and integrated, community-baseddelivery forensic service systems has resultedin the growing criminalisation of personswith mental illnesses. Jails and prisons arebecoming a major living setting for suchpersons” (p. 13)The first comprehensive mental healthstrategic plan developed for the period 2001– 2006 had as one of its major strategic foci:“The training of critical gatekeepers e.g.police, correctional officers, guidancecounsellors.”It is clear that prisons and lock-ups are notthe best places for the mentally ill.Professionals and police personnel argue thatthere is deterioration in their condition oncethey come into lock-up. This is usuallyexacerbated by relatives abandoning themwhilst in lockup. Many of them languish inthe correctional facility and lock-up and someeven become lost in the system.

In one of the cases reviewed, a man was inlockup and eligible for bail. The policehighlighted [The man] age 28 yrs old…who wasarrested [and] charged for the offence ofMalicious Destruction of Property and bailedin the amount of $20,000 with surety [motherin] November 2010 was taken back to thestation and handed over by surety who statesthat she no longer wishes to stand surety foraccused.This man later died in custody.

HOUSING ‘MENTALLY ILL’PRISONERS WITH ‘SANE’ PRISONERS

In cases where it was suspected that aprisoner was mentally ill, the police wouldgenerally separate such a prisoner. However,there have been cases investigated wherefamily members and others were convincedthat the prisoner was not mentally ill, yet washoused in a section deemed for the mentallyill.

RECORD KEEPINGThe JCF Standing Orders outlines thepolicies and procedures that obtain for recordkeeping. Of the cases being investigated, record-keeping, in general, at these police stations,was usually commendable; however, therewere several issues uncovered which haveimplications for staff and prisoner safety andthe general smooth running of the lockups. • Referencing of entries is generally aproblem. In many of the cases investigated,the investigators had to “scour” the diaries inorder to find any connecting entry having todo with a prisoner. It is the view of theinvestigators that where possible, all entriesconcerning a particular prisoner should becross referenced.

• Prisoners not properly accounted for.There are many instances upon perusingStation and Cell Diaries that it is seen where

a prisoner moves from the lock-up to anotherlocation. Oftentimes, there is no entry toshow the prisoner returning from thelocation or to whom the said prisoner washanded over. Based on, Chapter 34 of the JamaicaConstabulary Force Standing Orders, entitledPrisoner Transport – Policy and Procedure SectionVIII (F5e), it appears that the JCF StandingOrders regarding the referencing of entriesand accounting of prisoners are not followedthrough in many instances. The case study ofPrisoner RM gives the clearest exampleduring the course of this investigation theconsequences of poor record-keeping whichhinders effective actions. • Copying entries – whenever an entry ismade in more than one diary concerning aprisoner, an exact copy of the entry shouldbe made in the other diary. For example, inthe case of RM an entry was made in the CellDiary of the officer’s arrival with him athospital. However, when an entry was madein the Station Diary certain details were omit-ted. (See the entries on page 51).n

Chapter 13: Analysis of the Problem


The entries highlighted above areboth critical entries, as theyconcern one and the same pris-oner. This is a prisoner who

came into custody with severe injuries as a re-sult of a mob attack. One may argue that the entry in the CellDiary is arguably more important becausethis is the diary which the Cell staff will haveto use concerning a prisoner on a daily basis.The Station Diary speaks to the treatmentthat the prisoner ought to receive as per thedoctor’s instructions. However, this entry wasnot recorded in as much detail in the CellDiary. Record-keeping is also importantbecause as shifts change the person comingon will have some reference as concerns whathappened while they were out. It is thereforecritical that Cell staff and all other policepersonnel having anything to do with aprisoner be so informed as to the importanceof recording detailed entries of prisoners.

Of importance too, where this matter isconcerned, is that this Station Diary wasfinished about three pages later and sodepending on how diaries are stored whenthey are finished this entry would be easilymissed. It is for this reason that therecommendation is made that whenever anentry is made in a Cell Diary and StationDiary they are referenced to each other, justso that the concerned police personnel canmake a check to ensure that what is recordedin one is actually recorded in the other.

OVERCROWDING AND STAFFSHORTAGE

Police lock-ups are designed with certainspecifications with the intention of housinga certain number of prisoners. This is for thepurpose of safety of the prisoners, who eventhough they have been deprived of theirliberty, enjoy certain rights and privileges, andalso for national and overall security.

In 1992, Agana Barrett died at the ConstantSpring Police Station whilst being housed inan overcrowded cell. The cell measured8ft x 7ft and was housing 19 men. He alongwith the other men was inside the cell for sev-eral hours between October 22 and 24. It wason the 24th that it was discovered that Barrettand two other men, Vassell Brown and IanForbes, had died. Reports published are thatthe men died from lack of oxygen.The men were picked up by the police to seeif they were wanted in connection with anycrime. Quoting from the case Fuller (Doris)v Attorney General presented in the Courtof Appeal of Jamaica, the trial judge foundthat “…[it]…was extremely hot due tocongestion. There was very little air availableand this was only accessible through smallholes in a metal door for the cell. The cell hadno windows and they were surrounded by aconcrete wall. Water dampened the floor andin order to quench thirst, perspiration and

The SystemCell checks, over-crowding and cell condition

Station Diary - Extract

Cons #

Ref #

Hour Subject Nature of Occurrence Signature

50 9:28pm Prisoner Escort

[The police] escorted male Jamaican prisoner RM to this location from the Hospital where the doctor gave instructions for said patient to visit the Orthopedic

th of January 2012 and the [parish] Clinic on Wednesday 1st of February for dressing patients must also maintain collar until doctor instruct otherwise.

Cons #

Ref #

Hour Subject Nature of Occurrence Signature

13 27 09:03pm Prisoner Escort

[The police] escorted male Jamaican Prisoner RM from the Hospital to this location re: a case of M.O.B. [in the] he was handed over to [the Cell Guard] with injuries to his head and left hand.

51

Cell Diary - Extract

52


water dripping from the walls had to be usedas no drinking water was made available forthem…one man had to drink his own urinein order to quench his thirst…” (page 54 of64) The morning following this experience,three prisoners died.In 2012, some 20 years since the AganaBarrett incident, there are still reports of se-vere overcrowding coupled with shortage ofstaff. According to Chapter III of theConstitution entitled Charter ofFundamental Rights and Freedom, Section13(6) “No person shall be subjected totorture or inhuman or degrading punishmentor other treatment.” Considering the entriesin station diaries, it would seem there iswidespread concern about the conditionsunder which prisoners are kept. Thesimilarity between this [the overcrowding]situation and the Agana Barrett case is thatthe conditions that exist in these lock-upspresently are sufficient to bring about a repeatof the tragedy of 1992. It is for this reasonthat efforts have to be made at the nationallevel to address the issues faced by thecountry’s lock-ups, despite financial and otherresource constraints. Often times in the media there are publica-tions of overcrowding in lock-ups. Amongthe more common reports of overcrowdingis the Mandeville lock-up where reports weremade as recently as November 26, 2010 in theGleaner about overcrowding. This reporthighlighted that the former Custos of Man-chester, Dr. Gilbert Allen, was alarmed at theconditions at the lock-up where eighty nine(89) detainees were being held in an area builtto accommodate thirty (30) people. The saidreport went on to mention that insects wereseen inside the cell with the prisoners. This inand of itself is problematic. These reports are made in the media in spiteof a publication in the Jamaica ConstabularyForce Orders dated May 7th, 1998, Serial No.2657, which quoted the then Honourable

Minister of National Security and Justice assaying: “…As a matter of Policy no lock-upin the Island is to have within it, more per-sons than the number for which it was built.This is to be achieved within two weeks ofthe date of this letter.”This publication, which was made almost 14years ago, still remains relevant today. So inessence, most lock-ups are in breach of ForcePolicy. What must be noted, however, is thatlittle or no improvements have been made tomany of these lock-ups and so theinfrastructure is overburdened in housing somany prisoners. According to a Cell Diaryentry at one police station in Kingston wherethe problem of overcrowding is, arguably,chronic, one of the sub-officers remarked:“There is also the issue of the poor state oflock-up infrastructure that has been observedfor awhile now to be in an advance state ofdeterioration and requires urgent refurbishingto efficiently continue function as a placewhere humans are held against their will.”

STRESS ON POLICEPolice personnel working under theseconditions, like prisoners, are extremelystressed and as the entries in the diariesindicate, worried about the implications ofthe overcrowding, poor infrastructure andshortage of staff. In the conclusion of thetour of duty one of the Cell Guardsremarked that “[t]hey [prisoners] made nocomplaint of any illness or hunger, only theheat due to the overcrowding” – two dayslater however, a prisoner died in the saidlockup. The Force Orders (Serial No. 2657) citedearlier highlighted that the Mandevillelockups had eight (8) cells and a suggestedcapacity of twenty-four (24) prisoners, whichmeans three (3) persons per cell. Similarly, thesame document showed that the DenhamTown Police Station had a capacity of thirty(30) prisoners having six (6) cells. However,of note was that on Monday February 13,2012, the Denham Town lock-up had onrecord eighty-three (83) prisoners. This wasalmost three times its capacity. Checks madein the Station Diary revealed a plethora ofentries speaking to overcrowding and staffshortage. Entries of this nature dated as farback as 2011. As quoted in an entry at theDenham Town Police Station entitled obser-vation:

It is noticeable that the … lockups is over-crowded and also there is a shortage of staffproblem. Currently there is a total of seventyfive (75) male prisoners in custody beenguarded by two police personnel… If for anyreason or reasons there is any form ofdisturbance in the cell block the staff is notadequate to bring the situation under controlbecause this compromise the safety of themembers on duty and also the safety of pris-oners…Of note too is the fact that in anovercrowded cell, it is far easier forcommunicable diseases to be transmitted. Atthat point everyone is at risk, even more sothe person whose immune system is notresilient. Hence there is the constantcomplaint of outbreaks in lockups. Asrecently as June of this year, there was areport in the media of an outbreak at theDenham Town Police Station. What must bekept in mind at all times when viewing thesituations within a lockup is the right of theindividual – that is the protection grantedunder the Constitution from degrading andinhuman treatment. These are alsoInternational Standards that ought to beadhered to. At the end of the discussion themajor points that must be then borne in mindare the resource constraints and who hasresponsibility/authority to institute changesto make them better.

CELL CHECKSChecks made of the cells were frequent andin general, were in keeping with Force Policyon Cell Administration which states “wherea person is arrested (at 1 and 4) and has to beplaced in a cell, the police shall visit such pris-oner once every half-hour and each visitrecorded in the appropriate registers”.The concern here raised is the extent towhich cells are actually checked when a visitis made. It was noted that there are caseswhere a person was found unresponsivesometimes minutes after a cell wassupposedly checked.

INSPECTION OF LOCK-UPSAccording to information received duringthe course of this investigation cells areinspected by the Public Health Departmentsin the various parishes. They inspect theprisons and lock-ups to ensure that they areadhering to the minimum public health

“…As a matter of Policy nolock-up in the Island is to

have within it, more personsthan the number for which it

was built. This is to beachieved within two weeks of

the date of this letter.”

53


standards and are compliant with therecommendations of the inspectors. Thisinspection is done using the InstitutionalHealth Inspection Form, see Appendix B.The inspection takes into considerationaspects such as the presence or absence ofpests, and the presence or absence ofovercrowding and the safety measures thatare in place.The investigators made visits to a numberof lock-ups during the course of theinvestigation. In a number of cases there iscause for concern for the health, safety andsecurity of staff and prisoners. Requests have been made through the Min-istry of Health to access the Public HealthReports for the lock-ups, especially in caseswhere the investigators noticed that there wasa recurrence of deaths in custody over a shortperiod of time. There has been no responseto date.

CONDITIONS INSIDE THE CELLThe data provided about prisoners who diein custody, and further checks in the StationDiaries, revealed that in more than oneDivision, prisoners who died in custody didso in the same cell, but at different times. Onvisits to the various Divisions, the specificcells were in a very deplorable state, as ishighlighted in the example in AppendixA. In the photograph in Appendix A, at

least three prisoners who were housedinside that were mentally ill died.

ANALYSIS OF INVESTIGATIONREPORTS OF PERSONS WHO HAVE

DIED IN CUSTODYAs part of this investigation theinvestigators were tasked with obtaining andanalyzing the investigation reports into thesedeaths in custody. To date attempts have beenmade to obtain same through theInspectorate Division of the JamaicaConstabulary Force. However, what wasprovided were some of the preliminaryreports that were sent off to theCommissioner of Police at the time the deathoccurred. The information contained in these reportsgenerally gives a synopsis of the prisoner toinclude when they were brought into custody,the offence for which they were charged, whothe arresting officer was, court appearancesand the history of events leading up to thedeath of the prisoner.This information certainly does notconstitute the entire investigation, but what itdoes in many cases is give information as towho was on duty at the time and any matterworth considering during the course of theinvestigation, for example, if the prisoner wastaken frequently to the hospital. What is clear having checked the preliminary

investigation reports and comparing theinformation in the Station and Cell Diaries, isthat there are disparities in some cases ofwhat actually took place. Hence, at face value,it is difficult to take these reports as the truestreflection of what took place without thefinal investigator’s report. In two casesanother prisoner was charged for the death incustody. This revelation led the investigatorsto request from the Inspectorate of theConstabulary further information as towhether or not anyone was charged for anyof the deaths in custody.

COURT OFFICESIn the cases where contact was made withthe investigator, they did not possess a copyof their reports. All was put together in a fileand submitted for the Coroner’s Court. Inother cases, the investigating officer has sincebeen transferred to another Police Station orDivision. It is for this reason that theinvestigators took the route of requesting theinvestigation reports through the CourtsOffices.To date, all the Courts Offices where thesedeaths have occurred have been written to,with the exception of one. The investigatorsnow await word from the CourtAdministrators as to the outcome of thoserequests. n

Photo:Bing Images.

54


The Commission humbly refers to theCommissioner of Police the followingrecommendations for action (S 17 (9) and 23of the Independent Commission ofInvestigations Act):

1. Within 12 months, officers, sub-officersand constables in charge of stations orlockps, receive specialised training inassessing whether a remandee may besuicidal.

2. Within 6 months develop and maintain asystem of compulsory assessment ofprisoners concerning their potential risk ofsuicide.

3. Within 120 days all officers who are ormay be placed on cell guard duty shouldreceive some basic training in dealing withthe mentally ill.

4. Issue an order within 120 days to allmembers of the Force and in particular, toofficers and sub-officers in charge oflockups requiring that:

a. prisoners in cells be checked at least 4times in an hour where the assessment ofthe prisoner suggests a risk of suicide or theprisoner is ill.

b. prisoners who are believed to be sufferingfrom mental illness be separated from otherprisoners and from each other.

c. the cells of prisoners who are assessed aspresenting a risk of suicide be checked toensure that the prisoner does not have accessto any item (including clothing) with whichthe prisoner may harm himself.

5. Issue an order within 60 days to allmembers of the Force and in particular, toofficers and sub-officers in charge ofstations and lockups requiring that recordsof prisoners in custody be properly kept andmonitored and in particular:

a. An entry should be made by the officerhanding over a prisoner and also thereceiving officer to ensure that any specialinstructions are recorded.

b. Station Diaries should state clearly, on adaily basis, the names of all prisoners in eachcell. This should include the name and/ornumber of the cell, the number or personsin the cell, the given names and alias(es) ofpersons in each cell. For example [Cell #1inside are Tom Strokes o/c Stokes, JohnBrown o/c Beg Beg].

c. The diary should state the movement ofall prisoners from one cell to another makingnote of the date and time and by whom theywere removed.

6. Issue an order within 60 days to allmembers of the Force and in particular, toofficers and sub-officers in charge ofstations and lockups requiring that prisonerswho are sick are taken to hospital at the ear-liest possible time for treatment and thatmedication is administered as directed by aphysician.n

Recommendations

nDuring the period of our study, the majorityof the persons who died in custody sufferedfrom a mental illness.

n The mentally ill persons who died in custodywere all kept in inhumane and inappropriateconditions. Where cells are reserved formentally ill persons, they are, more often thannot, the worst cells. At some stations, thementally ill persons shared cells with otherinmates.

n In all the cases of mentally ill persons whocommitted suicide, there was infrequent orinadequate monitoring.

nIn 25 per cent of the cases, death was byapparent suicide. The victims were foundhanging, often with ligatures formed from theirown clothing.

n In the cases where death was caused by

injury or illness, the victims had complainedprior to death, but their complaints were notaddressed.

nRisk assessment of the prisoner's emotionalor psychiatric condition was not timely orcomprehensive.n

FINDINGS

THE COMMISSION’S RECOMMENDATIONS

PART FOUR



APPENDIX A


Figure 1: Cell # 5 in Port Antonio Police Station.


Figure 4: Pre-screening form used by the JCF to record health of prisoners.

(ON COMPACT DISC - CD): CLOSED AND CURRENT INVESTIGATIONS:

COMMISSION’S REPORT LOG SHEET

CURRENT INVESTIGATIONS: CASE MANAGEMENT REPORTS


Call Toll Free @Tell INDECOM

1-888-991-5555or

1-888-935-5550

COMMISSION’S

REPORT

LOGSHEET

1

THE INDEPENDENT COMMISSION OF INVESTIGATIONS COMMISSION’S REPORTS LOGSHEET JUNE—DECEMBER 2012

NO. COMPLAINANT ALLEGATION CONCERNED

OFFICERS

TERMS OF

REFERENCE

INVESTIGATION RECOMMENDATION

OF THE

COMMISSION

1 TC The complainant

alleges that on the

12th day of

September, 2011, he

was chased in an

unmarked car by a

constable attached to

the Half Way Tree

Police Station. That

the constable asked

him to produce his

firearm booklet for

inspection but he

refused on the

ground that:

(a) the constable did

not properly identify

himself; and

(b) the constable was

not in a marked

service vehicle.

The complainant

further alleged that

Constable attached

to the Half Way

Tree Police Station;

and

Corporal attached

to the Half Way

Tree Police Station.

To determine whether charge

of Illegal Possession of

Ammunition was justified in

the circumstances.

To determine whether the

officers behaved in an

unprofessional manner.

13/09/2011 statement taken from

complainant and a file opened for

investigation;

19/09/2011 enquiries made of the

Firearms Licensing Authority

regarding the licence holding details

of the complainant;

21/09/2011 Firearms Licensing

Authority responded to inquiries of

relevant Investigator;

29/09/2011 entries relevant to the

investigation were extracted from

the Station Diary of the Half Way

Tree Police Station;

30/09/2011 statement taken from a

witness that was travelling in the

complainant‟s vehicle at the time of

the incident;

3/10/2011 Notices pursuant to

Section 21 of the Independent

Commission of Investigations Act

for five (5) officer to furnish written

No criminal charges to be

laid or disciplinary action

to be taken against the

Corporal and Constable

but that they should be

reminded to execute their

functions without

malicious intent or in any

other manner that would

malign the image of the

Jamaica Constabulary

Force.

2


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

he was thereafter

taken to the Half

Way Tree Police

Station where he was

charged by a

Corporal for Illegal

Possession of

Ammunition and

Assault at Common

Law.

statements to the Commission;

4/10/2011 Notices delivered to the

Half Way Tree Police Station for

service on the five (5) officers;

10/10/2011 statements of four(4)

of the officers noticed furnished

written statements to the

Commission;

19/10/2011 investigator made

contact with complainant‟s

employer with a view to procuring

the transcript of a conversation the

complainant had with Guardsman

Alarms Limited;

8/11/2011 copy of court file in

respect of charges laid against the

complainant was furnished to the

Commission;

5/12/2011 Final Investigation

Report prepared by relevant

investigator;

3/7/2012 Firearm Users Fee

Certificate furnished to the

Commission by the Firearms

3


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

Licensing Authority.

2 SJ The complainant

alleges that on the

19th day of January,

2010, his Nissan

Presea was seized by

the police owing to

the absence of valid

certificates of

insurance, fitness and

registration. That he

made an attempt to

retrieve his vehicle

from the Transport

Authority Pound but

he was hindered

from so doing by a

Sergeant

misrepresenting

himself as the

Superintendent of

Police in charge of

the Mandeville Police

Station. That he

made a second

attempt to get his car

out of the pound but

Constable of the

Mandeville Police

Station;

Constable of the

Mandeville Police

Station; and

Sergeant of the

Mandeville Police

Station.


ticket was lawfully issued;


vehicle was unlawfully seized;


police had acted properly in

having the vehicle detained at

a place where the

complainant would be put to

cost to retrieve said vehicle;


police could have released

the vehicle at an earlier date;

To determine whether there

was any unprofessional

conduct on the part of the

Sergeant for which he should

be held responsible.



investigation;

16/02/2011 entries relevant to the

incident were extracted from the

Station Diary of the Mandeville

Police Station;

21/01/2011 copies of complainant‟s

Certificate of Fitness and Motor

Vehicle Registration Certificate,

Transport Authority Impounding

Form and Vehicle Inspection

Checklist furnished to the

Commission;


Report prepared.

No criminal charges or to

be laid or disciplinary

action taken against any of

the three members of the


Force against whom the

complaint was made.

4


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

by the time the

police had signed off

on the documents,

the Pound fees had

escalated beyond an

amount he could

afford.

3 LH The complainant

alleges that on 10th

day of October, 2009

the he was detained

at the Hunts Bay

Police Station by a

Detective Sergeant

attached to the

Hunts Bay Police

Station for

approximately two

and a half hours to

facilitate a discussion

between himself and

the owner of an

agricultural company

to whom he was

indebted. The

complainant is of the

opinion that the

Detective Sergeant

should not have

Detective Sergeant

attached to the

Hunts Bay Police

Station.


Detective Sergeant had

behaved in an unprofessional

manner by intervening in a

civil matter.


complainant and file opened for

investigation;

19/04/2010 PPCA Notification of

Complaint Letter prepared and

served on Superintendent in charge

of the Saint Andrew South Division

and copied to the sub-officer in

charge of the Hunts Bay Police

Station and the concerned officer.

No response was given.


complainant‟s friend who witnessed

some of the occurrences between

the complainant, the Detective

Sergeant and the owner of the

agricultural company;

2/11/2010 Notice pursuant to




laid against the Detective

Sergeant;

Departmental action to be

taken against the Detective

Sergeant for violation of

Section 13 of the

Constabulary Force Act

and JCF Code of Conduct.

5


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

intervened his

indebtedness to the

owner of the

agricultural company

is a civil matter.

prepared for service on the

Detective Sergeant requiring him to

furnish a written statement touching

and concerned the circumstances

that led to the alleged detention of

the complainant at the Hunts Bay

Police Station;

10/11/2010 the Detective Sergeant

furnished a statement to the

Commission as required by the

Notice;

6/01/2011 a provisional Final

Investigation Report prepared by

Investigator pending receipt of

further evidence;

21/07/2011, entries were copied

from the Movement Diary and Duty

Forecast Book of the Hunts Bay

Police Station to confirm whether

the Detective Sergeant was on duty

on the 10th day of October, 2009 as

alleged by the complainant;

8/08/2011Investigator made

enquiries of agricultural company to

determine whether a debt between

itself and the complainant existed;

6


OFFICERS

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prepared for service on the

Detective Sergeant requiring him to

attend Commission to answer

questions upon earth concerning

alleged detention of the

complainant;

25/08/2011 agricultural company

furnished information to

substantiate existence of debt;

30/08/2011 Section 21 Interview

conducted with the Detective

Sergeant;

8/11/2011, investigation completed

and full Final Investigation Report

Prepared.

4 DH The complainant

alleges that on the 8th

Sergeant of the

Motorized patrol


complainant‟s allegations as

13/07/2010 statement was taken

from the complainant and a file



7


OFFICERS

TERMS OF

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OF THE

COMMISSION

day of July, 2010 a

Sergeant attached to

the Motorized Patrol

Division assisted his

fiancée and landlady

to evict him from

two rooms he was

occupying.

Division. to the misconduct of the

Sergeant has been made out.

opened for investigation;

01/12/2010 a Notice pursuant to



prepared to be served on the

concerned officer.;

14/12/2010 the concerned officer

furnished a written statement to the

Commission in compliance with the

notice;

27/07/2011 further Notice

prepared and served on concerned

officer for him to attend a Section

21 Interview; and

31/07/2011 Section 21 Interview

conducted with the concerned

officer;


Report Prepared by investigator.

to be taken against

concerned officer in

respect of complainant‟s

allegations.

Without prejudice a

reminder should be given

to the concerned officer

that he should not as a

police officer be involved

in civil matters.

5 JM Complainant alleges

that on 21/04/10 he

was stopped and

ticketed for not

wearing seatbelt even

though his seat belt

Special Corporal

and Special

Constable attached

to the Darling

Street Police


ticket was lawfully issued;


treatment of complainant

while detained conformed to


complainant;

30/04/10 station diary entries

copied;

11/05/10 Notification of complaint

Departmental inquiry be

held to determine whether

concerned officers

breached for policy as

regards treatment of

8


OFFICERS

TERMS OF

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OF THE

COMMISSION

was strapped across

his lower body. That

he refused to take

ticket and was

arrested and placed

in custody and

thereafter brought to

hospital due to

illness. That police

officer tried to take

him away from

hospital on ground

that he would not be

getting out-of-station

bail

Station. JCF policy regarding

treatment of detained

persons;

To determine whether

conduct of Corporal and

Constable at Hospital

breached law or JCF Policy.

letter sent to Commandant in charge

of the Island Special Constabulary

Force and Commander of Darling

Street Police Station and to

concerned officers;

20/07/11 Final Investigation Report

prepared.

detained persons;

Force policy regulating

procedure for grating bail

was breached and

consequent disciplinary

action if findings positive.

7 CS The complainant

alleges that he was

the landlord of the

concerned officer

who threatened him

and told him

expletives. That he

wanted the

concerned officer to

quit his premises.

Corporal attached

to the Hunts Bay

Police Station.


Commission had the

jurisdiction to investigate the

complaint and, if not,

whether any and what course

would have been open to the

complainant.

17/11/2010 statement was taken

from the complainant and a file

opened for investigation;


the complainant‟s father;



Commission of Investigations and

delivered for service at the Hunts

Bay Police Station;

22/02/2011 Notice served on



to be taken against

concerned officer.

9


OFFICERS

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OF THE

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concerned officer;

02/03/2011 written statement was

submitted by concerned officer;

07/11/2011 Investigator prepared a

Final Investigation Report.

8 EG The complainant

alleges that on the 6th

day of October, 2010

a Special Corporal

stopped his vehicle

and told him that he

had one too many

passengers in the

front of his Public

Passenger Vehicle.

That the Special

Corporal told a

driver behind him a

number of expletives

and that he was given

the same treatment

when he told him

that that was not the

way to behave. That

the Special Corporal

gave him a ticket and

Special Corporal

attached to the Half

Way Tree transport

Centre Police Post.


ticket in question was

lawfully issued.


Special Corporal contravened

a law or policy of the Jamaica

Constabulary Force by failing

to return the documents after

examining them on the 6th

day of October, 2010.


Special Corporal breached a

policy of the Jamaica

Constabulary Force by virtue

of his alleged use of

invectives to the

complainant.



investigation;

15/10/2010 further statement was

taken from the complainant;

15/06/2011 complainant was

contacted to provide his witness to

give a statement to the Commission.


Report prepared by Investigator.



to be taken against the

Special Corporal.

10


OFFICERS

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retained his

documents until the

14th day of October,

2010.

9 GS The complainant

alleges that on the

14th September,

2012, he went to pick

up his son when a

Special Constable got

into an altercation

with him which

resulted in him being

shot in the chest.

Special Constable

attached to 14

Barnett Street,

Montego Bay, St.

James.


criminal charges may be laid

against the Special Constable

for shooting the complainant

on September 14, 2012.


complainant‟s mother and witness

to the incident;

17/9/12 statement taken from three

(3) witnesses to the incident and

entry extracted from Station Diary

at Kingsvale Police Station,

Hanover.


complainant while in hospital;

24/9/12 statement received from

concerned officer;

3/10/12 further statements taken

from three (3) witnesses;

8/10/12 Medical Certificate in

respect of complainant‟s injuries

received;


prepared.

Concerned Officer to be

charged with Attempted

Murder or wounding with

intent in respect of second

shot fired at complainant;


charged with shooting with

intent in respect of the first

shot he fired at the

complainant;


put on interdiction or

suspension from the Island

Constabulary Force

pending the outcome of a

prosecution.

11


OFFICERS

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10 CW o.b.o. JO Complainant alleges

that on August 3rd,

2010, she was told

that a constable

attached to the May

Pen Police Station

used his gun to hit

her son, JM on his

forehead over his

eyes, causing a

wound.

Constable attached

to the May Pen

Police Station

None; complainant having

intimated that she no longer

wished to pursue complaint

due to family ties with

concerned officer.

6/12/10 complainant contacted but

failed to answer her phone or return

investigator‟s call;

8/8/11 complainant contacted and

she expressed that she has no

further interest in the matter.

Complainant advised to attend

Commission to complete prescribed

Withdrawal Form. She did not

attend.


Prepared.

No criminal charges or

disciplinary action to be

taken against concerned

officer.

11 AA Complainant alleges

that she was

assaulted by a

Constable after being

put in a car to be

transported to the

Montego Bay Police

Station on a charge

of Possession of an

Offensive Weapon.

Constable then

attached to the

Montego Bay Police

Station but now

deceased.


concerned officer could have

been charged for Assault; and

To determine whether other

members of the beat party

could be subject to

disciplinary action.

18/03/11 complainant‟s furnished

Medical Certificate to Commission

and statement taken from her;

25/3/11 Section 21 Notice sent to

concerned officer for statement to

be furnished regarding the incident;

Statement of concerned officer

received on 3/5/11;

11/4/11 statement taken from a

witness to the incident;

25/8/11 complainant withdrew

complaint because concerned




officer due to his death;

Based on evidence in

Medical certificate which

substantiated assault,

disciplinary action should

be taken against two (2)

members of beat party

because they condoned the

assault.

12


OFFICERS

TERMS OF

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COMMISSION

officer had died.


other members of the beat party to

answer questions upon oath;

24/02/12 interview conducted with

one member of beat party;


one member of beat party;


two members of the beat party.

12 LM Complainant alleges

that on March 22,

2010 three (3)

policemen came to

her home at the

instance of her

landlord for the

purpose of serving a

Notice to Quit on

her. One Constable

entered her home in

her absence and

invaded the privacy

of her children.

Constables attached

to the May Pen

Police Station.


constables breached a law or

a policy of the JCF by acting

as they did in relation to the

complainant on 22/03/10.

7/9/112 statement of complainant

taken;

14/10/10 statement obtained from

one concerned officer;


one concerned officer;


third concerned officer;


complainant‟s landlord;


member of the JCF to whom the


laid against two (2) of

concerned officers in

respect of complaint; there

being no evidence to

suggest that they acted

outside the scope of their

authority; and

Disciplinary action be


officer who entered the

house of the complainant.

13


OFFICERS

TERMS OF

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COMMISSION

complainant and her children made

a report and pointed out one of the

concerned officers;


prepared.

13 KALL Complainant alleges

that on 9/3/11she

attended the

Mandeville Police

Station where the

Superintendent

threatened to kill her.

Further on 18/3/11

while in Mandeville a

constable uttered a

threat upon the life

of her brother in her

presence.

Superintendent

attached to the

Mandeville Police

Station; and

Constable attached

to the Mandeville

Police Station


Superintendent‟s words

amounted to a threat and, if

so, whether criminal charges

may be brought against him

or internal disciplinary

measures taken;


constable‟s words amount to

a threat on the life of the

complainant‟s brother.

21/3 11 complainant gave statement

to Commission;


Superintendent and Constable

attached to Mandeville Police

Station;

11/05/11 complainant signed the

prescribed Withdrawal of Complaint

Form indicating that she has no

further interest in the complaint;


prepared.



to be taken against

Superintendent or

Constable.

14 GB Complainant alleges

that on 01/10/11 he

was stopped by a

Special Sergeant and

a ticket written for

failure to use his

indicator. He was

asked to sign the

Not identified of

Darling Street

Police Station.


complainant‟s arrest was

lawful and, if so, whether

more force than necessary

was used in effecting it; and


disciplinary action could be

3/10/11 complainant attended the

Commission and gave a statement;


complaint on ground that he

communicated with the

superintendent in charge of the

Darling Street Police Station and



taken against any member

of the ISCF attached to the

Darling Street Police

Station as complainant

indicated that he had no

desire for investigations to

14


OFFICERS

TERMS OF

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OF THE

COMMISSION

ticket without being

able to read it. The

complainant refused

and the Special

Sergeant refused to

return his

documents. The

Special Sergeant then

shoved the

documents on

complainant causing

his Driver‟s Licence

to fall. While bending

down to pick up his

DL the Special

Sergeant threw the

ticket at him which

fell. The Special

Sergeant then

grabbed his pants in

the waist and told

him that he would be

charged for littering.

taken against the concerned

officers on account of

unbecoming conduct had

they been identified.

had been satisfied by same.


prepared.

continue.

15 DD o.b.o. KW Complainant alleges

that her son on

9/12/09 the police

detained her son at

the Greater

Portmore Police

Unidentified of the

Greater Portmore

Police Station.

Whether detention of

9/12/09 was unlawful; and

Whether behaviour of

unidentified officer towards

complainant on 14/12/10


complainant;

Many attempts were made to

contact complainant from 4/1/11to

16/2/11 which proved futile;


disciplinary action be taken

against any member of the

JCF in respect of the

complaint as:

15


OFFICERS

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held in custody for

ten (10) days without

being charged. He

was against taken

away on December

14, 2010 along with

another of her sons.

When she went to

the Greater

Portmore Police

Station, a police

officer told her to

leave and that if she

came within 100 feet

of the station he

would tear gas her.

could amount to conduct

unbecoming.

18/2/11 checks made at the Greater

Portmore Police Station to locate an

entry relative to any of the incidents

complained of; none was located;

13/4/11 investigator visited

complainant‟s address with a view to

locating her. However, he did not;

5/‟5/11 several calls made to

complainant for purpose of making

arrangements for a further

statement to be taken as her initial

statement was void of sufficient

detail;

6/5/11 complainant indicated that

she was no longer interested in

pursuing the complaint;


prepared

(a) no sufficient

evidence exists in

relation to the

incidents

complained of;

(b) no

identification

evidence exists in

respect of the

concerned

officer; and

(c) the

complainant was

unwilling to assist

the Commission

in its bid to

investigate this

complaint

16 OW Alleges that he was

threatened by a

member of the

Identified as

Constable Garnett

Palmer but no such

To determine whether the act

of the unidentified police

10/11/10 Investigator attempted to

serve Section 21 Notice and he

found out that only females in the




16


OFFICERS

TERMS OF

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OF THE

COMMISSION


Force while he was at

his cook shop in

McIntyre Villa. The

JCF member

allegedly entered the

cook shop

accompanied by

members of the JDF

and pointed his

firearm in his face

telling him it would

only be a matter of

time etc.

person exists in the

JCF.

officer amounted to assault. Kingston Easter Division had the

name Palmer;

5/5/11 to 17/9/11 attempts made

to contact the complainant but

proved futile;

31/10/11 Provisional Final

Investigation Report Prepared;

9/1/12 Commission directed that

further enquiries be made in an

effort to identify the concerned

officer;

10/2/12 Further inquiries made and

efforts to contact the complainant

for collecting a further statement.

Attempts were futile;

5/7/12 Final Investigation Report –

prepared.

of the JCF due to want of

identification.

17 GW o.b.o. D.B

and R.D.

(deceased)

The deceased was

fatally shot by

members of the

Spanish Town Police

Station Operational

Support Team on

August 13, 2010.

Police Officers allege

Eight (8) members

attached to the

Spanish Town

Police Station.


deceased right to life was

breached;

To determine the existence

of sufficient evidence to

establish criminal culpability

of the concerned officers;

Initially conducted by the BSI and

JCF TSD.

Very extensive investigation was

conducted by INDECOM

producing a 51 page report.

Two members of the

Spanish Town Police

Station Operational

Support Unit to be

charged for murder. Ruling

of the DPP sought in

terms;

17


OFFICERS

TERMS OF

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OF THE

COMMISSION

that the men were

killed in a shootout

with the police while

civilian witnesses

allege that the men

were taken from

their homes and

killed.

Scrutinize the procedures of

the operation, including the

Administrative Review to see

whether any international

best practice or JCF policy

was breached and, if so, to

refer the breach to the

appropriate authority; and

Make recommendations to

improve JCF operations and

practices.

Solicitor General to

consider issue of

compensation as D.B. and

R.D.‟s right to life was

breached.

18. DS Complainant alleges

that her sister was

unlawfully arrested

and charged for

unlawful wounding

of a woman that had

gotten into an

altercation with

them. The

complainant alleges

further that she along

with her mother

were treated uncivilly

by the investigating

officer when they

went to inquire

whether a complaint

Corporal attached

to the Admiral

Town Police

Station.


arrest of MT was lawful in

the circumstances; and


Corporal‟s actions breached

any police of the JCF or any

law of the Island of Jamaica.

14/5/10 statements taken from the

complainant and her mother.

15/5/10 extracts taken from Station

Diary at the Admiral Town Police

Station;

9/6/10 statement taken from MT,

the Complainant‟s sister;

30/8/10 Statement of Corporal

received;

Final Investigation Report prepared

1/9/10; and

9/8/12 Court file from Corporate

Area Resident Magistrates Court

Corporal be given a

warning to comply with

JCF policy on criminal

investigations.

18


OFFICERS

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had been made at the

Admiral Town Police

Station by the person

alleging unlawful

wounding.

received

19 AD Complainant alleges

that on 4/7/11 she

was held at the

Yallahs Police

Station for

questioning regarding

a stolen Blackberry

Smartphone and was

assaulted by a

Constable attached

to the Yallahs Police

Station.

Constable attached

to the Yallahs

Police Station


constable used more force

than necessary when he

attempted to restrain the

complainant to allegedly

prevent her from leaving the

station on the two (2)

occasions he tried to do so;

and

If answer to first is

affirmative, to determine

whether the constable could

be charged for assault.


complainant;

16/7/11 entries were extracted from

the Station Diary of the Yallahs

Police Station;

9/9/11 Constable submitted his

statement to the Commission;

2/9/12 complainant withdrew her

complaint on grounds that she was

no longer living in the area where

the assault occurred and had no

reason to fear the constable

anymore;


prepared.

No criminal charges be laid

against Constable; and

Constable to be retrained

in handcuffing procedures

within the next 6 months

and Commission to be

advised accordingly.

20 DP Complainant alleged

that he was searched

in Half Way Tree by

members of the JCF

and draped in the

Not identified by

complainant

Whether policy of the JCF

relevant to the search of

persons was breached; and

Whether the concerned

No investigation undertaken due to

want of identification evidence.

3/8/11 complainant withdrew his

complaint.




of the JCF.

19


OFFICERS

TERMS OF

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OF THE

COMMISSION

back of his pants and

took him to a

marked police van

without telling him

why they were doing

so.

officer has complied with the

law governing the search of a

person and, if not, whether

an assault had been

committed.

21 KS Complainant alleges

that on 11/3/11 he

was arrested and

charged by a female

officer failing to give

his name and

address.

Woman Constable

attached to the

Montego Bay Police

Station.

Whether the complainant‟s

arrest was lawful; and „

Whether the woman

constable behaved in a

manner unbecoming a

member of the JCF


complainant;

1/7/11 statement of woman

constable received;

5/9/11 entries extracted from the

Station Diary and Prisoner Charge

and Property Book of the Montego

Bay Police Station;


prepared;

19/12/11 Montego Bay Resident

Magistrates Court confirmed that

the complainant had been found

guilty of the charge laid against him

by the concerned woman constable.


disciplinary action taken

against the woman

constable in respect of this

complaint as she exercised

the powers and discretion

vested in her properly.

22 GI Complainant alleges

that on 29/12/07 his

Sergeant and

Constables of the

To determine whether police

officers who seized truck


complainant;

Complainant to be advised

to pursue his civil

20


OFFICERS

TERMS OF

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OF THE

COMMISSION

truck was seized by

Sergeant on ground

that it was used in

connection with a

larceny of scrap

metals. That the

truck was held in

custody until

21/09/08 until it was

destroyed on the

police station

compound by fire.

Golden Grove

Police Station, St.

Thomas/

breached JCF policy

regarding impounding and

seizure of vehicles or any

other law;

To determine circumstances

under which the truck was

destroyed;


constables were and sergeant

were negligent in causing

truck to be destroyed.

5/08/09 Notification letters sent to

officer in charge of Golden Grove

Police Station and to concerned

officers;

22/03/10 diary entries and other

relevant entries copied;

Inquiries made of St. Thomas

Resident Magistrates Court whether

Magistrate made order for truck to

be released; and

Final Investigation Report prepared.

remedies;

Disciplinary action to be


officers who seized truck

to ensure deterrent from

arbitrary seizure and

breach of JCF Policy.

23 HS Complainant alleges

that on 31/1/11 a


the Denham Town

Police Station

searched her

premises without

showing her a

warrant. That on

17/5/11 a

superintendent

attached to the

Denham Town

Police Station

searched her

premises and


the Denham Town

Police Station; and

Superintendent

attached to the

Denham Town

Police Station.

Whether lawful searches of

the complainant‟s premises

had been conducted on

31/1/11 and 17/5/11.

Whether any policy of the

JCF was breached by the

manner in which the search

was allegedly carried out.

25/5/11 statement taken from the

complainant;


witness to the search of the

complainant‟s premises on 17/5/11;


Prepared.

Departmental enquiry to

be held into circumstances

surrounding the search of

the complainant‟s premises

on 17/5/11; and

Solicitor general to

consider the issue of

compensation in respect of

destruction of

complainant‟s property.

21


OFFICERS

TERMS OF

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COMMISSION

destroyed some of

her belongings.

24 FL Complainant alleges

that on 10/3/12 he

was arrested by a

Woman Special

Sergeant and

assaulted by a Special

Inspector of the

Lucea Police Station.

Woman Special

Sergeant and Special

Inspector attached

to the Lucea Police

Station.

Whether the complainant‟s

arrest was lawful; and

Whether Special Inspector

may be charged for assault.


complainant;

7/512 concerned officers furnished

their statements;

9/5/12 complainant‟s Medical

Certificate received;

28/5/12 Special Inspector‟s Medical



prepared.


or disciplinary action be

taken against the

concerned officer as the

complainant‟s arrest was a

lawful one.

25 FH Complainant alleges

that 26/7/11 he was

arrested by a

Constable attached

to the Red Hills

Police Station for

Possession of an

Offensive Weapon

and kept in custody

for four days without

being taken to court.

Constable attached

to the Red Hills

Police Station.


complainant was lawfully

arrested;


complainant‟s detention for a

period of four days was

lawful; and


complainant;

23/8/11 further statement taken

from the complainant;

24/8/11 entries copied from Station

Diary of the Red Hills Police

Station;


tenant of the complainant‟s

premises and witness to incident of

Departmental enquiry to

be held into circumstances

surrounding complainant‟s

detention for four days

without observance of

Section 15 of the

Constabulary Force Act in

respect of persons arrested

without a warrant;

22


OFFICERS

TERMS OF

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OF THE

COMMISSION

26/7/11;

12/12/11 Corporate Area RM

Court advised that complainant‟s

matter was withdrawn and the

complainant discharged;


prepared.

26 FB Alleges that on

13/9/11, a constable

attached to the

Constant Spring

Police Station struck

him with a baton

three times while he

was in a cell at the

Constant Spring

Police Lock-up.

Constable attached

to the Constant

Spring Police

Station.

Whether unlawful force was

used by the constant against

the complainant in relation to

the complainant‟s alleged

boisterous behaviour; and


criminal charges may be laid

against the constable.


complainant and photographs of his

injuries;


from complainant;

11/11/11 entries copied from the

Station Diary of the Constant Spring

Police Station;

29/3/12 Video Identification

Parade conducted;

23/4/12 Complainant‟s Medical



prepared.

Constable to be charged

for Assault.

27 GM The complainant

alleges that on

Constable attached

to the Port Antonio


concerned officer may be

9/1/12 statement of complainant Matter should be sent to

mediation. The Director of

23


OFFICERS

TERMS OF

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OF THE

COMMISSION

7/1/12 while at his

Cook Shop, a

Constable of the

Port Antonio Police

Station approached

him and accused him

of uttering expletive

language to him. The

complainant denied

the accusation and

the constable then

assaulted the

complainant by

administering blows

to the left side of his

face and pulling his

firearm threatening

to kill him.

Police Station. charged for assault. and witnesses taken;

Statements of concerned officer and

police witness furnished on

17/2/12.


on 11/4/12

Public Prosecutions to be

consulted on said

recommendation.

28 LG The complainant

alleges that on

5/5/10 he was on his

way to Kingston

when a truck

travelling in the

opposite direction

came to his side of

the road, hitting his

car. A Sergeant,

Woman Corporal

Sergeant and

Corporal attached

to the Santa Cruz

Police Station.


corporal conduct the

accident investigation in a

professional manner and in

accordance with the

standards of the JCF.


complainant;

17/7/10 statement of corporal

received;


prepared.

No disciplinary action to

be taken against the

Corporal.

24


OFFICERS

TERMS OF

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OF THE

COMMISSION

and Constable

attended the scene.

The Sergeant

inspected his

documents and said

that there was no

fault on his part. The

Sergeant then told

him to proceed to

the Santa Cruz Police

Station where he

would take his

statement. When the

Corporal arrived at

the police station, he

informed the

complainant that he

heard that the

complainant was

sleeping at the time

of the accident. The

Corporal did not take

the complainant‟s

statement but

charged him for

careless driving to

appear in court on

14/5/10.

25


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

29 SC The complainant

alleges that on

16/9/10 she was

threatened by a

Special Constable

with him she had

been in an intimate

relationship for

seven months prior.

The threat occurred

when she called him

whether he had cut

her house keys and,

when she did so the

officer said “…yuh

know say me aguh

shoot yuh”.

Special Constable

attached to the Area

4 Headquarters


respondent threatened the

complainant as alleged.


complainant;

29/11/10 statement from

respondent received;


prepared.

Special Constable to be

subject to internal

disciplinary proceedings.

30 SD The complainant

alleges that on

1/7/10 she was

assaulted by a

Detective Sergeant

attached to the

Constant Spring

Police Station while

she was there to

make inquiries as to

why her sons were

arrested and taken to

Detective Sergeant

attached to the

Constant Spring

Police Station.


complainant was assaulted as

alleged.


complainant;


Detective Sergeant concerned;


officer who arrested the

complainant‟s sons.



taken against the

concerned officer.

26


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

the Constant Spring

Police Station. When

her son identified the

officer who had

taken him to the

station, the Detective

Sergeant pushed her

in her chest into the

station yard.

31 FAB 14/9/09 she was at

home when two (2)

police officers and a

business partner of

her son attended

there to pick up an

item of furniture.

When they entered

the house, the

business partner

attacked her and

assaulted her. The

two police officers

did nothing to stop

the assault.

Constable attached

to the Motorized

Patrol Division.


constable neglected to act in

accordance with his duty as

alleged by the complainant.


complainant;

Statement received from one

concerned officer.


complaint.


prepared.

No criminal charge be laid



officer.

32 AN Complainant alleges

that on 30/6/10 she

went to her cousin‟s

property at Seven

Constable attached

to the May Pen

police Station.


complainant had been

assaulted as alleged.


complainant;

Identification issues prevent further



taken against the

27


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

Road, May Pen

where she realised

that a police search

was being conducted.

An officer present,

pepper sprayed her

eyes and the rest of

her body rendering

her temporarily

blind.

investigation;

Complainant failed to give further

statement; and


Report.

concerned officer.

33 BS The complainant

alleges that on

23/6/11 he was

talking with one WC

when a police officer

came up to WC and

started to punch WC

in his head and hit

his head on a metal

container. When the

complainant told the

man to stop, the man

turned around and

hit him on the left

side of his face and

drew his gun.

Detective Corporal

attached to the May

Pen Police Station.



assaulted without legal

justification.


complainant;


concerned officer;

No medical certificate received from

the complainant;


complaint;


prepared.



against the concerned

officer.

34 SJ The complainant

alleges that he was at

Not positively To determine whether the


24/10/11 statement taken from the File to be closed and the

matter is now before and

28


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

a bar taking a drink

when the bartender

(a female who

allegedly liked him)

called the police

telling them that he

had been smoking

ganja. When the

police came they

found nothing of the

sort on his person

but, was informed

that he would be

taken to the Newport

Police Station.

Thereafter, the

boyfriend of the

bartender attended

the station and

informed the police

officers that he

found ganja and a

ratchet knife in the

bar. The police

officers insisted that

it belonged to him

and charged him for

possession and ganja

and possession of an

offensive weapon.

identified. unlawfully arrested and

charged.

complainant;

No statement from concerned

officers as they were not identified

by complainant;


prepared.

will be addressed by the

court.

29


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

He went to court and

the matter had been

called up and

adjourned many

times because the

officers did not

attend court. He was

later told that a

warrant had been

issued for his

grandfather for his

failure to attend

court.

35 SG The complainant

alleges that on

8/7/11 she visited a

Deputy

Superintendent

regarding a matter

that she had

previously reported

to him; particularly,

the appropriation of

$300,000 from her by

a woman and her son

with whom she

entered an agreement

for the purchase of a

car. She states that

Deputy

Superintendent

attached to the

Spanish Town

Police Station


behaviour of the DSP is

tantamount to conduct

unbecoming.


complainant;


complainant‟s witness;


complaint;


prepared.




officer.

30


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

the DSP

discourteously told

her that she should

get an Attorney and

take the woman and

her son to court.

36 AC The complainant

alleges that on

11/2/11 he was

driving in the vicinity

of Rain Forest Sea

Foods in Mandeville

when he saw two

police men in the

middle of the road.

He then asked them

“how unuh stand up

inna di road suh like

unuh a truck”. He

repeated same on the

request one of the

officers‟s and then

drove off. He was

ridden down and

asked to pull over.

After an argument

developed, the

officer grabbed him

by the waist of his

Special Corporal

attached to the

Mandeville Police

Station.


concerned officer assaulted

the complainant as is alleged.

15/2/11 statement take from the

complainant;

Statement received from

complainant;

13/2/11 complainant‟s medical

certificate received;

Final investigation Report prepared.

Special Corporal to be

charged with Assault,

ruling of the Director of

Public Prosecutions to be

sought in terms.

31


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

pants and pulled him

from the vehicle and

when he retaliated by

pulling the officer in

his pants, the officer

took his helmet from

his head and hit the

complainant on his

forehead.

37 DM Complainant alleges

that on 8/7/11a

vendor, UC was

chased by a Special

Constable who

grabbed her in the

front of her blouse,

exposing her private

parts. The vendor‟s

son intervened and

eased off the officer‟s

hand. Both persons

were arrested along

with the

complainant.

Special Constable

attached to the

Mandeville Police

Station.


Special Constable assaulted

UC, her son and the

complainant; and


Special Constable unlawfully

arrested the complainant.


complainant;

Statement of concerned officer

received;




against concerned officer

in relation to complainant‟s

complaint; and

In relation of the assault of

the UC‟s son, concerned

officer is to be charged for

Assault at Common Law.

38 EM The complainant

alleged that on

5/2/09 he was shot

by a civilian at

Detective Sergeant

and Corporal of the

May Pen Police


concerned officers may be

made accountable for

corruption, unbecoming


complainant;




32


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

Brazeleto Quarry Site

in Clarendon. He

was then escorted to

the Lionel Town

Hospital for

treatment. A

Detective Sergeant

investigating the

matter reported that

a gun was found at

the scene belonging

to him and, he was

charged for Illegal

Possession of a

Firearm. He believes

that there was a

conspiracy between

the civilian and the

police officer.

Station. conduct or tampering with

evidence.

Ballistics Certificate received;


officers.

39 NE The complainant

alleges that on

5/1/11 her husband

informed her that

police officers from

the Spanish Town

Police Station came

to her house,

searched it and

removed a computer

Unidentified of

Spanish Town

Police Station.


police officer‟s unlawfully

entered the complainant‟s

premises; and


complainant‟s belongings

were unlawfully seized.


complainant;


complaint as she had gone to the

station and retrieved her

possessions;





of the JCF.

33


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

and a printer

belonging to her and

informed him that

their son had been

involved in a

robbery. They have

not been returned.

40 NS The complainant

alleges that on

18/5/11 her goat kid

had been killed by

her neighbour, JW‟s

dog who is a police

officer. When JW

was informed of the

happening, she

fetched her brother

who came to the

scene with a machete

threatening the

complainant and

denying that the dog

has killed the kid. In

the course of the

argument, JW‟s

brother used his

machete to hit the

complainant on her

forehead. JW did

Unidentified

officers at the

Siloah Police

Station.


officers at the Siloah Police

Station neglected their duty

to investigate the

complainant‟s allegations.

21/6/11 complainant‟s statement

taken;

Medical certificate of the

complainant received;

22/7/11 investigator confirmed that

JW‟s brother was before the Santa

Cruz Resident Magistrates Court on

a charge of assault;


prepared.

No disciplinary action be

taken or criminal charges

be laid against the

concerned officers;

The neglect of duty of JW

to be referred to the

Director of Public

Prosecutions for a ruling.

34


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

nothing to prevent

the assault.


alleges that on

19/12/10 he was

arrested and detained

at the Williamsfield

Police Station on

suspicion of murder.

His cellular phone

had been seized and

upon his release it

was not returned.


the Williamsfield

Police Station.


complainant was unlawfully

detained.


complainant;


on 2/5/12

The complainant shall be

advised to pursue his civil

remedies.

42 AW The complainant

alleges that a

Constable attached

to the Christiana

Police Station with

whom he had lived

removed 9 items of

furniture and

crockery from his

premises without his

knowledge and

destroyed other

items of his

furniture.

Constable attached

to the Christiana

Police Station.


Constable maliciously

destroyed property belonging

to the complainant or stole

items belonging to the

complainant.


complainant;


concerned officer;

Further statement taken from

complainant on 14/10/11;

3/4/09 entries copies from Station

Diary at Christina Police Station

extracted;



or disciplinary action taken


officer.

35


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

43 AK The complainant

alleges that on

4/1/11 she learnt of

her son‟s death and

went to the Milk

River Police Station

to enquire of the

circumstances

surrounding her

son‟s death. She was

directed to Detective

M who told her that

her son had been

shot in self defence.

She states that since

June, 2011 she has

heard nothing more

from Detective M

even though she

informed him that

she needed a Form

D to register her

son‟s death.

Detective attached

to the Lionel Town

Police Station.


Detective M neglected his

duty as alleged.


complainant;

22/7/11 Detective M promised to

complete Form D and give copy to

the complainant to have her son‟s

death registered;

19/12/11 Complainant advised as

to readiness of Form D;

9/1/12 file concerning

complainant‟s son‟s death was sent

to Coroner‟s Court;


prepared.



taken against the

concerned officer.

44 AW The complainant

alleges that a

Sergeant whose son‟s

mother he‟s in a

relationship with has

threatened him on

Sergeant of Police. To determine whether the

threat is made out in the

circumstances.


complainant;

29/10/10 statement of concerned

officer received;


Matter to be settled by

informal resolution;



against concerned officer.

36


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

numerous occasions

that he will kill him

and let him pay for

the seven (7) years he

wasted with his

estranged son‟s

mother.

prepared.

45 HE The complainant

alleges that on

25/7/11 he had to

leave his car on a

private property due

to the inclement

weather which had

caused the road to be

impassable. The

following day he

learnt that the police

had removed the car.

The car was taken to

the Four Paths Police

Station and the

complainant had

been informed that

he would have to pay

$15,000.00 for the

car to be released. He

believes the car was

Sergeant of Police To determine whether the

complainant‟s vehicle was

unlawfully seized.

27/7/11 a statement was taken

from the complainant;





officer.

37


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

unlawfully seized.

46 MR The complainant

alleges that his

firearm was seized

on charges of Illegal

Possession of a

Firearm in 2001 and

to date it has not

been returned to

him. He learnt that it

was stored in an

Inspector‟s draw at

the Christiana Police

Station.

Inspector attached

to the Christiana

Police Station.


complainant‟s weapon was

stored in the prescribed

manner and whether the

Inspector acted improperly

under the circumstances.


complainant;

26/10/10 Letter received from

Superintendent of police in charge

of Manchester Division

communicating that the firearm was

in safe custody at the Manchester

Divisional Armoury;





officer.

47 DC The complainant

alleges that sometime

in April 2010 armed

men came to the

house of an elderly

lady and asked for

one „W‟. He went to

the Port Antonio

Police Station and

reported it but they

did not act on his

report and as a result

the men were

Unidentified

officers of the Port

Antonio Police

Station.


officers of the Port Antonio

Police Station neglected their

duty by failing to act on the

complainant‟s report


complainant;


prepared.




officers.

38


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

allowed to escape.

48 JC The complainant

alleges that 14/10/10

he accompanied a

friend to Janga Gully

and on their return

they saw a police jeep

at the end of the

Janga gull road

travelling in the

opposite direction.

They police jeep

turned back and

began to follow them

and they pulled over

and exited the car as

commanded. They

were taken to the

Port Antonio Police

Station and

interrogated about

his girlfriend with

who he had had

sexual intercourse

when she visited his

work place. He was

taken to the

Machaneeal Police


Woman Corporal

and Special

Constable attached

to the Port Antonio

Police Station.


complainant‟s arrest and

detention was unlawful.

Statement taken from witness SK

on 16/10/10;

Statement taken from complainant

on 22/7/11;

Statement taken from witness AF

on 10/8/11;

Statement of Special Constable

received on 17/8/11;

Statement of Woman Corporal


Statement taken from police witness

(Sergeant DC);


on 7/2/12.

The Commission

recommends that the

complainant be advised to

pursue his civil remedies as

his detention was unlawful

due to the failure of the

police to follow the

statutory procedure

applicable to persons

arrested without a warrant.

39


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

detained until

16/10/10.

49 LM The complainant

alleges that on

6/9/10 he saw a

Special Constable

and a team of police

officers approached

him, searched him

and toll $10,180.00

from him and

informed him that he

would be charged for

extortion. He was

then taken to the

Half Way Tree Police

Station and detained

until the following

morning when he

was brought before

the court. The police

officer asked that a

mention date be set

for the complainant

and as a result he was

further detained on

17/9/10.

Special Constable

attached to the Half

Way Tree Police

Station.

Whether the complainant

had been unlawfully arrested;

and

Whether his money was

unlawfully seized.


complainant;

Statement received from concerned

officer on 1/4/11;


prepared.




officers.

40


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

50 HG o.b.o. CG The complainant

alleges on 27/8/10

she had a fight with

her sister and her

sister called the

police. When the

police came and told

her that she would

be arrest and she said

“mi nah go ah no

prison fi nobody”.

The policeman

slapped her and the

female officer put

handcuffs on her.

On their way to the

Nain Police Station,

she was crying and

the female police

officer then boxed

her in her face.

Woman Constable

and Constable

attached to the

Nain Police Station.


complainant was assaulted as

alleged.


complainant‟s mother who lodged

the complaint on her behalf;

Statement taken from the

complainant;

Statement received from concerned

officers; and


Concerned officers to be

charged for assault.

51 MP The complainant

alleges that on

5/1/10 alleges that

she was standing

outside the market

when she was

informed that a

police officer known

Special Constable

attached to the

Mandeville Police

Station.


complainant‟s property was

unlawfully searched; and


complainant was unlawfully

arrested;


complainant;

6/7/12 response of concerned

officer received;


Report.

Departmental action to be


officer for breaching the

law and JCF Policy

regarding the search of

property belonging to

members of the public.

41


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

as “sniffer dog” had

damaged the door of

her locker. She

discovered that her

locker door had been

broken off and that

four slippers and

four caps were

missing. She saw the

officer and

confronted him

about the locker. The

officer arrested her

and charged for

abusive and

calumnious language.

52 AP The complainant

alleges that on

28/1/11 he was

returning home from

a night club in Toll

Gate on his bicycle.

On approaching

Osbourne Store he

almost collided with

a police vehicle. The

officer in the vehicle

asked him to stop

but he did not as the

Constable attached

to the May Pen

Police Station.






Further statement of complainant

taken 3/8/11

31/3/12 statement from concerned

officer received;

Complainant‟s Medical Certificate

received;

Copy of case file from May Pen

Resident Magistrates Court

Concerned officer to be

charged for unlawful

wounding. Ruling of

Director of Public

Prosecutions to be sought

in terms.

42


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

area was dark. The

vehicle chased him

and a second radio

car met joined in. An

officer from the

second radio car

asked him if he had

thrown away a gun.

When he responded

“no” the officer

kicked away his feel

causing him to fall.

The officer then used

his gun to further

inflict blows upon

his body and his face

which bled. He was

taken to the May Pen

Hospital. He was

thereafter taken to

the May Pen Police


charged for

possession of ganja.

regarding charge of Possession of

Ganja received;

Final investigation Report prepared.

53 CG The complainant

alleges that on

11/1/11 he was in a

car that was stopped

by police officers.

Constable and

Woman Corporal of

the Montego Bay

Police Station.


constable ought to be

charges for Assault;


17/1/11 medical certificate of



complainant;

Complainant to be advised

to pursue his civil remedies

for detention was unlawful;

Constable to be charged

43


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

While texting his

girlfriend, one of the

police officers

approached the car

and hit him in his

face, held him in his

shirt and tried to pull

him through the

right rear window of

the car. When that

did not succeed, the

complainant exited

the car and was met

with fists in his side.

When the officer

recognised that he

was recording his

regulation number,

the officer grabbed

him by the neck and

squeezed it. He was

arrested by a Woman

Corporal and

charged for

assaulting police and

resisting arrest. he

was detained from

that day to January

14, 2011.

complainant‟s arrest and

detention was lawful.

Entries relative to incident copied

from diaries of the Montego Bay

Police Station;


concerned Woman Corporal;


concerned Constable;


for Assault Occasioning

Actual Bodily Harm; and

Departmental enquiry be

held to determine the

reason accounting for the

failure of Woman Corporal

Josanne McIntyre to

prosecute the complainant

on charges alleged.

Disciplinary action to be

taken also.

44


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION


alleges that on

6/6/11 he went to a

restaurant in Long

Bay to buy food.

After driving off, he

was followed by a

police car to his shop

in Long Bay. On

exiting the car, he

was draped in his

shirt and asked

questions of a person

in jail.

Constable attached

to the Barrett Town

Police Station.


concerned officer ought to

be charged for assault at

common law.



Witness statement taken from

complainant‟s witness on 7/6/11;

Relevant entries copied from Station

Diary of the Barrett Town Police

Station;

Concerned officer‟s statement



on 21/5/12.


charged for Assault at

Common law. Ruling of

the DPP to be sought in

terms.

56 DW Complainant alleges

that on 13/12/09 his

motorbike was seized

by a policeman

attached to the Rock

River Police Station.

In a bid to bring his

motor bike into

compliance with the

Road Traffic Act, he

attended the Station

Woman Corporal

attached to the

Rock River Police

Station and others

attached to the

Chapleton and May

Pen Police Station.


complainant‟s motor cycle

was lawfully seized;

To determine the

circumstances under which

parts from the complainant‟s

motorcycle were

appropriated; and


complainant ought to be

24/6/10 Notification of Complaint

letters sent for Concerned Officers‟

statements;

Statements of concerned officers of

Chapleton and May Pen Police

Stations received on 15/4/10;

Woman Corporal of Rock River

Police Station furnished statement

on 6/7/10;

Complainant to pursue his

civil remedies in relation to

loss of parts from his

motorbike.

45


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

and was told that his

motorcycle was

moved to the May

Pen Police Station.

When he went to

that Station, he

found that parts were

missing from the

bike rendering it

immovable.

compensated for the stolen

parts by reason of negligence

on the part of the officers

from the Chapleton or May

Pen Police Station that came

into contact with it.

Entries relevant to seizure of

complainant‟s motorbike taken from

Station Diary of Rock River Police

Station on 18/5/10;


on 12/11/10.

57 HM The complainant

alleges that on

21/2/10 he was

given a traffic ticket

which he had

forgotten to pay and,

as a result visited the

Traffic Office of the

Montego Bay Police

Station to see what

could be done. When

he went to the

station, a Deputy

Superintendent used

expletives to him.

When a Constable

tried to deal with

him, the DSP

dissuaded the

Deputy

Superintendent of

Police attached to

the Montego Bay

Police Station.


DSP ought to be charged for

assault.


complainant;

12/4/10 Notification Letter sent to

concerned officer;


officer received;


police witness;


prepared.


charged with assault at

common law. Ruing of the

DPP to be sought in

terms.

46


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

Corporal from doing

so and stated that the

complainant is an

informer amongst

others. He then

shoved the

complainant in his

chest and boxed him

across the face.

58 DC The complainant

alleges that on

11/7/10, he was

involved in an

altercation with a

man at a party his

[the complainant‟s]

sister‟s in Anotto

Bay. A police officer

intervened and hit

the complainant with

his gun in his head

causing him to fall.

The gun was used to

hit him again causing

a wound and causing

him to lose

consciousness.

District Constable

attached to the

Anotto Bay Police

Station.



charged for assaulting the

complainant.

12/7/10 statement of the

complainant recorded at the Anotto

Bay Police Station;

24/6/11 Notice sent to concerned

officer for statement to be

furnished;


officer received;





officer as allegations have

not been made out.

47


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

59 DF The complainant

alleges that on

15/11/09 he was

riding his motor

cycle along May Day

Main Road when he

was stopped by a

Constable who

requested his

documents. When

told that the

documents were at

home, the constable

asked him what he

could do for himself.

When he told the

constable that he had

no money, the

constable grabbed

the complainant in

his shirt and punched

him in the face

inflicting injuries to

his lower lip and

cheek. The motor

cycle was then

seized.

Constable attached

to the Mandeville

Police Station.


motorcycle was lawfully

seized;





recorded at the Mandeville Police

Station;

27/7/10 Notification Letter sent to

concerned officer requesting that he

furnish a statement;

26/8/10 relevant entries copied

from the Station Diary of the

Mandeville Police Station.


charged for Assault at

Common Law. Ruling of

the DPP to be sought in

terms.

48


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

60 HC The complainant

alleges that on

5/1/10 he was

informed that police

officers were at his

brother‟s house. He

went there and saw

officers and his

brother‟s mother

being prevented by

the officers from

entering her home.

He asked the officers

why they were

preventing her and,

one of the officers

threatened to shoot

him. He was then

beaten with

handguns and his

mouth began to

bleed. He was taken

to the Falmouth

Police Station along

with his brother and

arrested and charged

for using indecent

language and

assaulting a police

Corporal attached

to the Falmouth

Police Station.





taken;

19/1/10 relevant entries were

copied from the Station Diary of the

Falmouth Police Station;

25/1/10 a Notification Letter was

sent to the concerned officer for

him to furnish a statement;

26/5/10 Medical Certificate of


2/7/10 complainant‟s witness

statement taken;


prepared.


charged for Assault. Ruling

of the Director of Public

Prosecutions to be sought

in terms.

49


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

officer.

61 MK The complainant

alleges that on 15/10

11 she saw a female

police officer at her

gate and she further

observed that

officers were outside

her house searching

the cellar and pulling

board from there

under. She states that

her plants were

thereby damaged and

the female officer did

not identify herself at

Unidentified. To determine whether the

complainant‟s property was

maliciously destroyed; and


concerned officers behaved

in a manner unbecoming a

member of the JCF.


take;

2/2/12 complainant withdrew her

complaint as she was unable to

provide any further evidence to

enable the Commission to identify

the concerned officers.

No criminal charge to be


to be taken against

concerned officers as

allegations have not been

made out.

50


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

all.

62 MB The complainant

alleges that on

30/8/11 she was

selling her goods on

a corridor of Best

Care Pharmacy when

a police officer

approached her and

grabbed her bags.

She held unto them

and the concerned

officer went behind

her and grabbed her

around the neck,

kicked her feet away,

lifted her from the

ground and threw

her down causing her

sustain injuries to the

left side of her head,

lower back and right

shoulder.

Special Corporal

attached to the

Montego Bay Police

Station.





complainant;


officer received from case file

before the Montego Bay Resident

Magistrates Court;


from the complainant and withdrew

complaint;


prepared.

No criminal charge to be


to be taken against

concerned officers as

allegations have not been

made out.

63 JTC The complainant

alleges that on

6/1/12 while

standing on a lane in

Spanish Town, he

Special Constable

attached to Spanish

Town Police

Station.





complainant;

22/2/10 Final Investigation Report;

7/9/10 request sent to




of the JCF by reason of

51


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

observed a police car

coming so he tried to

remove himself from

the road to prevent

an accident.

However, the car

sped up, hitting him

on his right hand.

The police alighted

from the vehicle,

searched him and

threatened to kill

him.

Establishment Branch of the JCF

for identify of concerned officer to

be confirmed;

5/3/12 investigations revealed that

concerned officer is no longer a part

of the JCF;


insufficiency of evidence.

64 OD The complainant

alleges that on

19/6/10, he visited

the Brown‟s Hall

Police Station where

he made a report of

assault occasioned

upon his person by

four ladies. When he

revisited the station

on 21/6/10 he was

boisterously dealt

with by a police man.

He again went back

with a relative and

was told that he‟d be

District Constable

attached to the

Brown‟s Hall Police

Station

To determine whether or not

the concerned officer may be

sanctioned for neglect of

duty.


recorded;







52


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

contacting. On

18/7/11 he was

served a summons to

attend court.

65 TM The complainant

alleges that on

21/2/11, the

concerned officers

visited his home,

showed him a

warrant and searched

his premises. His

person was searched

on 22/2/11. A

further search of his

house was conducted

on 13/3/11 and his

car and documents

were seized.

Inspector attached

to the Ocho Rios

Police Station.


complainant‟s motor car was

unlawfully seized.


complainant;

29/3/11 Section 21 Notices

prepared and addressed to

concerned officer requesting that

statement be furnished in respect of

incident;

31/5/11 complainant withdrew the

complaint.






66 SN The complainant

alleges that on

25/1/09 she went to

the Seaview Gardens

Police Station and

reported that her

brother was injured.

After her brother‟s

discharge from

Constable attached

to the Seaview

Gardens Police

Station


concerned officers ought to

be sanctioned for neglect of

duty.


complainant;


due to difficulties in obtaining

evidence to sustain the investigation.

No disciplinary action to

be taken against concerned

officer.

53


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

Hospital they attend

the station and gave

statements.

However, she has

not been updated as

to the status of the

investigation.

67 LP The complainant

alleges that on

1/3/10 he daughter

MF was arrested by

officers of the Guys

Hill Police Station.

While at the station,

a Corporal dragged

her by her left hand

to the inside and

threw her on the

concrete floor,

causing pain and

swelling to the hand.

Corporal attached

to the Guys Hill

Police Station.





complainant;

10/5/10 relevant entries copied

from the Station Diary of the Guys

Hill Police Station;





officer due to want of

evidence.

68 MC The complainant

alleges that on

20/1/10, police

officers from the

Mobile Reserve came

and he was accused

of murdering a

DSP and Special

Constable attached

to the Mobile

Reserve.


concerned officers may be

charged for assaulting the

complainant.


complainant;

9/909 relevant diary entries copied

from the Station Diary at the

Seaview Gardens Police Station;

21/8/09 Notification of Complaint





evidence.

54


OFFICERS

TERMS OF

REFERENCE


OF THE

COMMISSION

policeman. He was

hit all over the body

with helmets before

being taken to the

Mobile Reserve and

then to the Gun

Court.

Letters delivered to the Hunts Bay

Police Station requiring statements

to be furnished;


prepared.

69 AB The complainant

alleges that on

numerous dates she

had been harassed by

a Special Corporal

with whom she had

been in an intimate

relationship for three

(3) years. The final

act of harassment

occurred on 2/5/10

when she saw him on

the campus outside

her faculty watching

her movements.

Special Corporal

attached to the

ISCF Headquarters,

Kingston.


complaint is within the

Commission‟s remit; and


concerned officer has

behaved in a manner

unbecoming a member of the

JCF.


complainant and her witnesses;


prepared.





evidence.

TEAM – ALPHA

CATEGORY

A

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM ALPHA CATEGORY A INVESTIGATIONS

No. Deceased

/Virtual

Complainant

Date of

Incident

Location of

Incident

Allegations Action Taken Reason for Incompletion

Date taken Internal External

1 R.W. Fatal

Shooting

St. Thomas Complainant

alleged that her

brother was fatally

shot by the police

(26/2/2010)

although he was

reporting daily at

the station.

i. Sent Notices

ii. Visited police station

and copied relevant

entries

iii. Recorded further

statements

FIR to be typed. FIR completed. Ballistic and

Forensic

Certificates

outstanding along

with attending

statements.


2 Fatal

Shooting /

Shooting

Injury

Kingston,

Charles

Street

The police engage

gunmen in the

vicinity of Charles

Street and Bond

Street resulting in

fatal shooting of six

(6) persons and the

shooting injury of

others.

i. Copied station

records.

ii. Record witness

statements.

iii. Attended post

Mortems.

iv. Sent Notices.

v. Attended Q n A

vi. Received documents

from Caribbean Search

Centre

vii. Received Post

Mortem Reports.

viii. Called and visited

a witness on several

occasions but cannot

find her.

ix. Establish that

weapons were indeed

taken to lab.

02.07.2012

x. Most responses

received.

xi. Sent notices re chain

of custody

10/5/2012 i. Investigator to

enquire why

concerned officer‟s

statements have not

been received.

ii. Investigator to

check on police

weapons used in

shooting whether they

have been sent to the

Forensics Lab for

examination.

iii. The INDECOM

firearm‟s recovery

policy to be enforced.

iv. Effort is to be made

to persuade other

persons to give

statements.

v. ID Parades to be

arranged.

vi. As the

investigation develops,

Question & Answer

Sessions are to be

arranged with police

officers.

Twice visited

the area,

seeking

witnesses but

without

success.

Statements re

Chain of

Custody

Response

outstanding


3 INDECOM obo

D.W.(deceased)

and R.H.

(injured)

Fatal

Shooting /

Shooting

Injury

St. Thomas Allegations are that

police accosted a

group of men who

pointed firearm at

them. They took

evasive action and

fired in the

direction of the men

resulting in the

death of one man

and the shooting

injury of another.

i. Recorded statements,

relevant Diary Entries

and sent Notices.

ii. Attended Post

Mortem and recorded

relevant statement.

10-5-2012

iii. Responses received

25-04-2012

Concerned officers‟

statements are

outstanding.

Medical Certificates

for the injured person

to be applied for.

To apply for post

mortem report.

Interviews are to be

carried out in area

with a view of

identifying witnesses.

To apply for

Post Mortem

Report.

Medical

Certificate

outstanding.


4 K.S. Fatal Shooting Kingston The Police alleged

that they were on an

operation on at 58

Mountain View

Avenue „Jarrett Lane‟

Kingston 2, when

they knocked on a

door to a premises.

The door flew open

and two men inside

armed with handguns

opened fire at them.

The fire was returned

and in the aftermath

one man was shot

while the other

escaped. The dead

man was identified as

K.S.

Witness Statements

collected

Station diary entries

obtained

Notices delivered to

concerned officers

Post Mortem attended

FLA, GFL and CIB

request made

Post Mortem report

received

Was informed that the

ballistic report is being

typed

Notices were served on

the concerned officers

On July 10, 2012 some

statements to include

those of Cpl. G. B. and V.

were received.

Supt A. B. submitted

additional statement as

requested.

Awaiting the lab reports

to have second meeting

with Dr. R. R. in order to

do a reconstruction of the

scene.


5 E. L.W 21/05/11 Mount Pelier

District, Buff

Bay, Portland

On Sunday, 2011

May 21 about 9:30am

E. L.W., age 35 years

old, Farmer of

Resource District, St.

Andrew and Mount

Vernon District,

Portland, was fatally

shot by the police

when he and another

man engaged them in

a shootout in Mount

Vernon District. One

(1) Taurus .38

Revolver with serial

number erased and

said to contain three

(3) live rounds and

two (2) spent shells

was reportedly

recovered from him.

(1)Statements collected

from E. S. and F.J.;

(2) 2 Spent Shells and a

pair of gloves were

handed over as alleged

evidence and exhibits;

(3) The spent shells were

taken to the Forensic

Laboratory for Ballistic

Testing;

(4)Photographs received;

(5) Post Mortem Report

received;

(6) Responses received

from (i) Cons. G. T. (ii)

Cons. M. P. (iii)

Spl/Cons. R. M. and (iv)

Spl/Cons. M. T.;

(7) Cellular phone

received from

Communication

Forensics and Cybercrime

Unit. Information

relating to calls made

prior, on and before May

File is to be moved to

Fatality B as there are no

witness(es) to the

incident.


21, 2011 were also

obtained;

(8) On 2011 August 23 at

3:52 p.m. Forensic Lab

was called (977-0229) in

relation to the testing of

the spent shells that were

found at the scene, I was

informed by Ms. M. of

Ballistic Department that

the testing is not yet

completed. Mrs. S. of

the Biology department

also informed that testing

has not yet started as they

are clearing the back log

from 2010. She also

informed that if the

matter was for court the

process would be speeded

up;

(9) Notices served on

Det/Cpl. P. of the

Portland Technical

Services Division for

report and Viewer‟s CD.

Response received; (ii)

Det/Cpl. J. M., Initial

Investigator and (iii)


Inspector B. of the Buff

Bay Police Station.

(10)*No letter delivered

to Deputy Superintendent

H. as the serial number

was erased from the

firearm recovered.

24-4-2012

Bullet found and is now

at the Forensic

Laboratory. FL# 59625.

Det/Cpl. C. of BSI took

firearms to lab. FL#

59625.

Copy of Ballistic

Certificate applied for by

letter dated 2012 July 25.


6 O.W. 5/6/2011

Old Harbour

Bay,

St. Catherine

On Sunday, 2011

June 5 about 6:10pm

O.W. 26 years old

DOB 19/11/1984,

Fisherman of

Terminal Road, Old

Harbour Bay, St.

Catherine was fatally

shot by the police

whilst he was in the

company of a man

known as W.L. o/c

„D. T‟ who allegedly

opened fire at eh

police. One .38

Taurus Revolver

bearing serial number

NE943181 with one

(1) live round and

five (5) spent casings

were recovered.

Cons. O. M. a

member of the police

party received a

gunshot wound to his

left leg;

(1)Station Diary Entry

copied;

(2)Collected statement

from A.T. (Witness for

deceased)

(3)Post mortem report

received;

(4) Notice served on Cpl.

H. T.; Cpl. W. P.l, Cons.

O. M. (OST Old Harbour

PS) through SSP C. P. i/c

St. Catherine South

Division, awaiting

response;

(5) Received statements

from Det/Cons. D.M. and

Det/Cons. J. P., Forensic

Crime Scene

Investigators as well as a

CD Viewer‟s Copy.

(6) Notices delivered to

be served on Det/Cpl. R.

S., Initial Investigator.

(7)O‟s mother came in

To get medical

certificate for policeman

who received a shot in

his leg.

Investigator to attempt

to collect more witness

statements;

(1)Statement from Initial

Investigator to account

for bullets recovered at

Post Mortem

Examination.

(2)Bullet recovered from

deceased to be compared

with weapons of

shooters.

26-7-2012

Dr. to be written to for

an explanation regarding

the entry and exit

wounds of Cons. M.

Awaiting Ballistic

Certificate Report

Responses of

Officers

outstanding.

Awaiting response

from DSP H.


office and gave a

statement regarding the

identity of the body at the

Post Mortem

Examination. She also

gave me information as to

the reason why her son

was wrongfully shot.

(8)Det/Cpl. R., Initial

Investigator was Noticed

in regards to his activities

upon receiving a report

regarding the fatal

shooting of O.W.

(9) Letter written and

delivered to DSP H.

requesting information as

to whether or not firearm

was subsequently

submitted to the

Laboratory.

(10) BSI Interim Report

received.

(11) Recorded W. L. o/c

„Dan T‟ statement.

(witness)


(10) W. L.‟ Medical

Report and Certificate has

been applied for at the

Spanish Town Hospital;

(11) Cons. O. M. Medical

Certificate has been

applied for at the Spanish

Town Hospital;

(12) Notice to Det/Cpl. R.

L. was delivered for him

to give an account for the

exhibits that he collected

from the pathologist at

the Post Mortem

Examination;

(13) Letter dated

2012/2/28 was written to

Mr. L., Director of FLA

requesting information as

to the ownership of the

firearm;

(14) On 23/4/2012

Witness – W. L. was

contacted by telephone

and he promised to visit

INDECOM on 24/4/2012

to furnish further


information relative to the

identification of police.

(15) Medical Certificate

of Cons. O. M. has been

received;

(16) On 2012/7/30

Ballistic Certificate

Applied for.

(17) Dr. B. was written to

regarding an explanation

for bullet wounds for

Cons. M.

(18) On 12/8/14 Det/Insp.

P. T. was contacted at the

Portmore Police Station

in regards to Det/Cpl. R.

L. non submission of

statement. Statement was

received but upon

examination it was signed

nor stamped by a JP. It

was copied and returned

the necessaries to be

done.

(19) Received copy of

statement from Office of


Public Defender of W. L.

through Investigator F.


7 K.H. 4/9/2011 Kingston S.H. is reporting on

behalf of her son K.

H. (deceased). She

alleges that on

Sunday, 2011

September 4 at about

9:00 p.m. – 10:00

p.m. her son was

picked up by the

police in Three Miles,

taken to Waterhouse

in „Captured‟ and

killed.

(1)Complainant‟s

statement recorded


from the Olympic

Gardens Police Station

recorded

(3)Firearms/Ammunitions

register regarding W/Cpl.

S. W. was recorded;

(4)Notices were delivered

to be served on Cpl. A. B.

and W/Cpl. S. W.;

(5)Notices were also

served on Det/Cpl. L. M.

B., Initial Investigator;

(6)On 2011/11/14 K.„s

Mother came into office

and gave a statement

regarding her

identification of the body

at the Post Mortem

Examination.

(7)On 2011/11/18 this

Investigator received CD

and Incident Scene

4/9/2011 Pathologist should

explain the significance

of the blackening

mentioned in injury.

Get cell site

information/phone

records for the deceased

phone.

Voice parade with Miss

W. for the female voice

on the phone.


Examination Report from

ISE Officer P. A.;

(8)Application has been

made for the Post Mortem

Report and is received;

(9) Letter written to DSP

H. requesting information

as to whether or not

firearm was subsequently

submitted to the

Laboratory;

(10) Response received

from Dr. H. to say that

there are no records or

evidence to indicate that

the firearm was submitted

to the Ballistic

Department prior to the

incident.

(11) K.‟s mother stated

that her son was speaking

to her on the cell phone as

to where he was. She

also over heard when the

police accosted him. She

also stated that witnesses

saw this and she is going


to try and ask the witness

to come in office and give

a statement.

(12) Response received

from W/Cpl. S. W. and

Det/Cpl. C. B.; awaiting

response from Det/Cpl.

B.;

24-4-2012

Dr. P., Pathologist was

contacted and he

explained that the

blackening was caused by

close shot, meaning, the

victim was 1m away from

the person who shot him.

Chief Intelligence Officer

spoken to. He explained

difficulties being

experienced with the

provider.

Complainant has not been

contacted despite effort to

answer questions relative

to voice identification.

(1)Response of Det/Cpl.


B. received in office on

2012/7/12.

(2) Provisional FIR done

and submitted on

2012/8/28.


8 A.F. 4/28/2012 St. Andrew At 12:20 p.m.

INDECOM Operator

called and reported a

fatal shooting in

Rocky Valley

District, Stony Hill,

St. Andrew that took

place at

approximately 11:50

a.m. that morning.

INDECOM

Investigators and

Forensic Examiner

left the office at 1:55

p.m. and arrived on

the scene at 2:23 p.m.

On arrival, they were

met by Detective

Sergeant R. S., Initial

Investigator of the

Constant Spring

Police Station. DSP

M. i/c Operations, St.

Andrew North

Division acting on

information of

gunmen being in the

Rocky Valley District

led a team of 37 other

ranks to St.

Christopher Road.

(1)Statement of C. R.

witness, recorded;

(2) Notices served on

DSP M. and Cpl. D. S.;

(3) Station Diary entries

copied;

(4) Copy of Lab receipt

for exhibits submitted

received;

(5) Newspaper clippings

obtained;

(6) Statement of D. W.,

mother of deceased who

identified the body as A.

F. was recorded;

(7) Incident Scene

Examination Report

along with CD received;

(8) Firearm Register of

DSP M. copied:


applied for, not yet

received;


Det/Sgt. S. stated that

DSP M. along Cpl.

D. S. entered through

a gate where they

were confronted by

three (3) men who

opened gunfire on

them. DSP M. and

Cpl. S. returned the

fire. One man was

shot and injured,

another ran into a

house where he was

held while, the third

man made good his

escape. The injured

man was rushed to

the Kingston Public

Hospital where he

was pronounced dead

on arrival, then

transferred to the

Tranquility Funeral

Home pending Post

Mortem Examination.

According to Det/Sgt.

S. a 9mm

Parabellium Black

and Silver pistol with

a magazine

containing 5 live

(10) Statement of M. D.

recorded;

(11) Statements of

Det/Sgt. R. S., J. M.,

Insp. L. G., DSP G. M.

and Cpl. D. S. received in

office.


Received in office.

(14) Firearm and

ammunition register

received from Insp. L. G.

File is with Mr. G. W.


rounds was dropped

on the scene whilst

the men were

running. The serial

number obscured.

M. D., 27 years old of

St. Christopher Road

was held and taken

into custody.

The incident scene

was processed by Mr.

P. A., Forensic

Examiner. Three (3)

9mm spent casings

were recovered.

The body of the

deceased was also

processed. The hands

of DSP G. M. and

Cpl. D. S. who were

involved in the

shooting were

swabbed at the

Constant Spring

Police Station.


9 D.E. 5/1/2012 Kingston On Tuesday, 2012

May 1 at about 8:26

p.m., INDECOM

Operator called and

reported a fatal

shooting on Foster

Lane, Kingston CSO,

which took place at

approximately 7:00

a.m. that evening.

INDECOM

Investigators and

Forensic Examiners

arrived on the scene

at about 9:05 p.m. On

arrival, they were met

by Detective

Corporal S. B., Initial

Investigator of the

Kingston Central

Police Station CIB.

Superintendent M.

was on the scene

conversing with a

crowd that had

gathered.

Reports are that at

approximately 7:00

p.m. #11595 Corporal

D. W., #12126

Constable B. H. and

(1) Notices

were served on Det/Cpl.

S. B., Cons. B. H., Cons.

F. S. and Cpl. D. W.;

(2) Firearm

and Ammunitions

Registers copied;

(3) Station

Diary entries copied;

(4) Statements

of Stanford P., N. C., P.

T.,K. W., I. R., O. B., and

O. S. , witnesses,

recorded;

(5) Notice

Served on SSP S. M. with

response date as

2012/5/8;

(6) Newspaper

clippings obtained;

(7) Incident

Scene Examiner‟s report

along with CD received;

(8) Statements

of Cpl. D. W., Cons. B.


#11231 Constable F.

S. of the Central

Police Station,

Operational Support

Team were on foot

patrol in the area

when they accosted a

group of about three

(3) men. On seeing

the police the men

ran into different

direction, one man

ran into premises 9½

Foster Lane where

the police gave chase

and accosted him, the

man allegedly

pointed a firearm at

the police who

opened fire at him,

hitting him, the man

was reportedly rushed

to the Kingston

Public Hospital

where he was

pronounced dead on

arrival.

A 9mm Semi-

automatic pistol with

a magazine

containing 12 rounds

H., Det/Cpl. S. B. and

Cons. F. S. received in

office;

(9) Post Mortem

Examination was

attended by this

Investigator. The

deceased was identified

as D. E. by his mother

who refused to give a

statement;

(10) Post

Mortem Report applied

for, not yet received;

(11)A profile

has been requested for D.

E., awaiting response;

(12) A 2nd Notice was

delivered to be served on

SP M.

(13) Notices are to be

prepared for Question and

Answer Session with all

concerned police officers.


was found beside

him. The body is

presently at

Tranquility Funeral

Home pending Post

Mortem Examination.

The incident scene

was processed by Mr.

H. C., Chief Forensic

Examiner and Ms. K.

G., Forensic

Examiner. Two (2)

M16 spent casings

were recovered from

the scene.

The body of the now

deceased was also

processed. The hands

of #11595 Corporal

D. W., #12126

Constable B. H. and

#11231 Constable F.

S. who were involved

in the shooting were

swabbed at the

Central Police

Station.


10 H.R. 7/1/2011 Kingston H.R. was shot and

killed by members of

the JCF on January 7,

2011 at about 5:30

a.m. at Rae Town,

Steven Lane,

Kingston. He was at

home with his

girlfriend and their

children.

Police Version

Cons. L. M. stated

that he was a member

of an operation to

cordon and search in

Rae Town. Inspector

J. led his team and

Cons E. H. was the

point man. They went

to 10 ½ Stephenson

Lane and entered a

house through an

open grill. Insp J.

knocked on the door

and shouted Police

open the door. He

heard a male voice

saying “go deh so”

twice. Cons H.

opened the door then

he and Cons. H.

1.Station Diary entry

collected,

2.Statements from

concerned officers

collected,

3.witness statements

collected

4.Further statement

collected from the

eyewitness S. F. for ID

of Shooter.

5. Firearm register

6.TSD Report applied for

7.Post Mortem Report.

8.To get copy file from

BSI

9.Initial Investigator

noticed to provide Chain

Of Custody for firearms

10. Copy of CD

Requested from TSD

11(Scene was processed

by Det Cpl C W. and

Cons K S. of TSD)

Get information on the

weapon recovered

including chain of

custody.

Find out whether the

scene was processed and

by whom.

Follow firearm recovery

procedure.

To Prove I.D.

03-05-2012

1.Forensic/Ballastic

report outstanding

2.Q&A for breech

team

3.ID Parade to be

conducted


entered the house.

Cons H. shouted drop

it and discharged 2

rounds. He told a

female who was in

the room not to

move. Cons. H.

escorted her out of

the house. Cons. H.

secured the weapon.

Witness S. F., mother

of deceased children

Stated that she was in

bed with the deceased

when she heard the

grill on the verandah

being taken off. She

opened the door. A

policeman who was

crouching at the door

pulled her out and

then went inside the

room. She heard one

shot and a voice said

“pussy a dis u draw

pon mi” she then

heard two shots


11 V.K. 20/03/12 Kingston V.K. was shot and

killed by the police

while she was among

six (6) other

occupants of a blue

Suzuki Swift motor

car On March 20.

2012 at about 9:47

p.m. along Norman

Lane in Kingston 13.

K.B., her 14 year old

daughter A.W., 14

year old S.R. and

C.W. o/c Kingman

who were occupants

of the car were shot

and injured. K.H.

and S.K. who were

attending a party in

the community were

also shot in the

incident as they stood

by the roadside. Two

other men, T.T. and

D.M. who were

occupants or the car

escaped unhurt.

Police version

The police reported

that they were in

pursuit of the motor

1. New Case

Report was

done

2. Station

Diary Entry

collected.

3. Firearm and

Ammo Entry

Collected

4. Statements

were

collected

from

all six (6)

occupants

who

survived the

ordeal.

5. Notices

were served

on concerned

officers and

their

statements

received.

1Q&A for

Shooters

1.Corrected Copy

of Ballistic report

to be had and copy

of


car in question whose

occupants were

involved in a robbery

in Portmore earlier

that evening and on

reaching Norman

Lane, two men fired

from the front

windows of the car

and they returned

fire. They reported

that a firearm was

recovered on the

scene.

1. Postmortem

Report

applied for

and

received.

2. Copies of

Recordings

And or

Transcript

Of Radio

Messages

received at

Police

Control

applied for

and Copy of

Message

Action Diary

received.

3. Copy of Robbery file

from Waterford Police

requested and received.

4. ID Parade requested

submitted to the VIU.

5. Forensic Scene Report

received.

6. Ballistic certificate

received

7. ID Parade held


8. ID Parade was

conducted on June 18,

2012


12 A.M. 23/08/11 St Andrew A. M., Unemployed

of Airy Castle in St

Andrew was shot and

killed on August 23,

2011 by police after

he was taken from his

bed by the officers

outside his house.

Police version

The police reported

that they were

conducting an

operation in search of

wanted men and they

were fired on and

they returned the fire

and M. was killed in

the incident. The

reportedly recovered

a Ruger 9mm Pistol

with its Serial

Number erased

1.Station Diary Entry

Collected

2.Police Statements

Collected

3,witness Statements

Collected

4.Postmortem Reported

applied for and received

5.Forensic Scene Report

received

ID parade to be held 1.Ballistic Cert

2.ID Parade


13 M.S. obo M.S. June 16, 2011

July 21, 2011

Kingston M.S. obo M.S.

(dec‟d) - it is alleged

that M.S. was

unlawfully killed by

police officers

attached to the Hunts

Bay PS. The

deceased was said to

be killed in “cold

blood” at home in

front of his 2 y-o son

and common law

wife.

(1) Two witness

statements collected from

M. S. and P. S.

(2) Crime Diary entry

copied from the Hunts

Bay PS

(3) Notice to concerned

officers prepared

(4) Contact made with

BSI for copy of file

(5) Tracking number

obtained from Forensic

Lab.

(6) Letter sent to NIB,

FLA and Forensic Lab for

firearm information

(7) Notices delivered to

concerned officers


requested from Legal

Medical Unit (14.09.11)

(9) Letter from FLA

received

(10) Post Mortem report

received

(11) Meeting held with

pathologist

(12) Officer who attended

Post Mortem noticed

(13) Received statement

from officer who attended

Follow up on letters sent

to CIB and FLA.

Ask the pathologist to

give his opinion as to

whether the post mortem

findings support or

refute either version.

Get information on the

post mortem itself

See whether any of these

police officers could be

witnesses. So re-notice

all concerned officers to

come in for a question

and answer session. If

they fail to come,

prepare the file and send

to legal for them to be

charged.

Speak to the DOC so he

can preside over the Q

and A session.

Work the other

angles….proving

identification through

the ballistics as well as

ID parade for the other

officers present

See if we can get

anything from the

control tape (this would


Post Mortem

(14) Received CD from

officer who attended Post

Mortem

(16)Meeting scheduled

with SSP H. for 6.2.12

(17) Received Ballistic

Certificate

(18) 2/8/2012 R. received

file from SI S. and

continue investigations.

(19) 22/8/12 received

corrected Ballistic Cert.

(20) 22/8/12 Contacted

M. S. re further

statement. She stated that

she is unavailable until

Sept.

(21) 11/9/12 R. and D.

visited M. S. residence

where she was

interviewed. No useful

information was obtained.

(22) 17/9/12 Interview

with Dr. R. re Post

Mortem Exam of

deceased. Doctor gave his

opinion as to the injuries

seen, he could not say

whether or not it was a

shootout but the injuries

be a res gestae

statement)

DOC Review

29-02-2012

1. To sit with

investigator and work

out Q & A for concerned

officers

2. Mr. C. to follow-up

on instructions from

Commissioner re review

of Ballistic testing result.


were not from close range

gunfire.

(23) 20/9/12 FIR done


14 K.N. and N.T. 25/08/2012 St. Andrew K.N. and N.T. were

fatally shot by the

Police at Maxfield

Avenue and Moore

street, Kingston 13. A

firearm was allegedly

taken from

Thompson.

1. Concerned officers‟

hands swabbed

2. Field Notices served on

(3) concerned officers

3. Three (3) eye witness

statements recorded

4. Diary entry copied

5. Post Mortem attended

6. Firearm and

Ammunition registers

copied

7. Received statements

from concerned officers

and initial investigator

8. Attended Post Mortem

Exam and recorded

statement

9. 24/9/12 Received Post

Mortem Report

9/10/12: Telephone eye

witness re further

statement. Messages left

for R.W. and M. N. to

contact INDECOM as

well. 12/10/12: Received

statement and two CD's

from D/Cons. G. JCF

Scenes of Crime officer.

29/10/12: Applied for

Ballistic Certificate and

contacted D/Cpl. W. re:

From SI S.:

1.Further statements

from:

S. L.,

R. W., T. M.

2. Statement and report

from D/cons C. & Cons.

G. JCF Scenes of Crime.

26/10/12: From CI :(1)

D/Cpl. W. further

statement - where were

firearms stored before

taking them to lab. He

also should state the type

serial number of

firearms and who they

were in possession of.

(2) Further statements of

three eyewitnesses re:

identification. Identity of

shooter. (3) All three (3)

officers fired bullet

recovered from on K. N.

Outstanding

documents:

1.Ballistics Cert

2. Statement from

JCF Scene of

Crime Officers.

3. Hand Swab

Certificate

4. Further

statements to be

recorded from three

eye witnesses.


further statement, chain

of custody of weapons.

He indicated that same

will be ready for

31/10/12. 3/11/12:

Telephone and spoke

with Ms. L. re: further

statement who stated that

she is now working and

has no time to visit

INDECOM office.

Telephone and spoke

with Ms. M. re: further

statement, she will visit

the office on Wed.

7/11/12 to give the

statement. Telephone and

spoke with Mr. W. who

also will visit the office

on 7/11/12.


15 D.B. and R.D. 18/08/2010 St. Catherine D.B. and R.D. were

fatally shot at

Brooklyn Lane,

Thompson Pen,

Spanish Town, St.

Catherine by police

officers who claimed

that the men were

killed when they

went to a house and

knocked on a door. A

female opened the

door and a man

jumped from a bed

with a gun in his

hand pointed at the

police who opened

fire at on him. This

man ran through a

back door and

escaped. The team

then went to the gully

where they were

engaged by a group

of about 6 heavily

armed men who

engaged them in a

shootout. The fire

was returned and

when the shooting

subsided two men

i) Witness‟s statements

collected (ii) Crime Scene

Investigator‟s statement

received.

(iii)VIU forms and

Notification letters served

on all the officers to

attend Q & A session and

to furnish their

statements. Officers

failed to comply.

(iv)File was submitted to

the DPP‟s office for

ruling.

Ruling received that all

the officers should be

charged.

(v)On 7/1/11 Video

Identification Parade was

held. Suspects not

identified.

(vi)Notice again served

on the officers to furnish

their statements and

attend Q & A session.

(vii) 8 officers turned up

for Q & A session

(viii) New date was set

for them to furnish their

statements. To date they

have not complied with

Check telephone records

to see where the call

came from

Urgent ballistics (Mr. C.

to note)

Work the mistaken ID

issue; find out about the

other C.; show that the

other C. was the person

suspected of burning the

houses in Gravel

Heights. R. W. can assist

with this

30-04-2012

Ballistic report is ready.

Mr. R. W. was spoken to

(30-4-2012), said

nothing was done about

the investigation as the

risk level in Gravel

Heights are extremely

high


were found in

separate section of

the gully suffering

from gunshot

wounds. They were

pronounced dead at

the Spanish Town

hospital where they

were taken This case

is regarded as Fatality

A because.

Reason for being

fatality A

Statements of

eyewitnesses stated

that the 4 youths were

in a room when the

police knocked on the

door and ordered

them out. Two of

them were sent back

into the room and the

other two D. B. o/c

and R. D. were fatally

shot at Brooklyn

Lane. C. body was

found by residents in

the nearby gully

covered with dry

INDECOM‟S request.

(ix)On 2/3/11 Trial date

set for 21/4/11 at the Half

Way Tree RM court.

(x)Statement of the initial

Investigator, Sgt. B.

received.

(xi)Notification letter

served on Senior

Superintendent A. C.,

Officer in charge of St.

Catherine North police

division to attend Q & A

to furnish information as

regards the officers who

issued the firearms to the

officers who were

involved in the shooting.

(xii) Statement of Mrs. C.

P. was taken.

Applied for Post Mortem

Report

Sup H. said that reports

not ready

Trial will continue in this

matter where the 8 police

officers disobeyed

INDECOM‟s notice on

June 27, 2012.

Had discussion with Mr.


wood. It is assumed

by residents that the

police was about to

burn the body but did

not get the chance to

do so.

1. No firearm was

recovered

2. Witnesses‟ version

challenged that of the

police as their

testimony indicates

that the two youths

were taken from their

home and fatally shot

by the police.

R. W. to find out about

the other C. and to show

that the other C. was the

person suspected of

burning the houses in

Gravel Heights.

18/4/12 Cpl G. of GFL

said that Ballistic

certificate is ready

29/3/12 Ms. T. J. of GFL

Chemistry Dept. said that

the certificate bearing FL

# 2418/2010 was

collected by Cons. D.

R.#13180 of the St.

Catherine North Div.

Efforts to locate this

officer failed via

telephone failed. To visit

the Spanish Town Police

Station and continue

enquires.

29/3/12 Ms. T. D. of GFL

Biology Dept said that the

result for 2617/2010 not

ready. To contact Ms. H.

M. who is working this

case.

29/3/12 D/Cpl R. was

contacted he said that he


will check his records to

and furnish the Chemistry

certificate.

To re-apply for Post

mortem Report

4/5/12 D/Cpl R. was

contacted he said that he

is still making checks for

the Chemistry certificate.

7/5/12 visited GFL to

collect the Ballistic

certificate however Cpl

G. said that it was not

ready. When he was

reminded that he said it

was ready he claimed that

must be an error.

DSP H. was contacted

and he again promised to

have the Ballistic

certificate ready by the

end of May 2012.

The Post mortem Report

for both deceased

obtained

Ballistic and hand Swab

certificates obtained

Notice sent to D/Sgt. G.

to submit chain of

custody statement. For

Firearms taken to the lab


Received additional

statement. From D/Sgt. B.

Notice sent to Supt C. to

present Firearm entry of

the officers involved in

the shooting.

Letter submitted at the

Spanish Town police

statement. Requesting

Supt C. to submit copy

of the court file in the

Tredegar Park criminal

case

Mother of deceased

contacted and given

update.

Witness was contacted at

Tredegar Pk. To attend I.

D. Parade. He was

unwilling to cooperate.

Notice sent to Spl. Cons.

W. to submit statement

on July 13 2012

D/Sgt. G. chain of

custody statement.

obtained

Firearm entry obtained

from Supt C.

Three follow up calls

were made to Supt. C., at

the Spanish Town police


statement. He was out of

office. Message left

reminding him to submit

court file in the Tredegar

Park criminal case

Obtained chain of

custody statement from

TSD Sgt R., Cons. Q. as

well as Viewer‟s C/D

Notices Sent to Sgt. L. J.

and Cons. U. for

statement that they issued

the firearms to Cpl. H.

and Cons. D.

FIR is being Prepared


16 F.H. 5/11/2010 Westmoreland On 4th November

2010 F.H., family

members and friends

were at the front of

the Sunrise Club,

Norman Manley

Blvd. Negril when

about 7 police

officers some of

whom were wearing

mask accosted them.

F. was ordered to

remove items that he

had in a bag and

while doing so he

was Fatally shot by

7086 Cpl. M. R. The

officers alleged that

they were fired on by

armed men who

escaped.

Statements were collected

by INDECOM & BSI

Investigators at the scene

of the incident.

Notification letters were

served on Cpl. M. R. and

other officers who were

present during the

incident to attend Q & A

session.

Crime Scene was visited

by INDECOM

Investigators

Cpl. M. R. was identified

at a Video Identification

Parade that was held on

4/12/10

Q & A sessions were

conducted.

File was sent to the

Office Of DPP

Response received from

DPP requesting further

information

The request was

submitted

Next court date in this

matter will be on

September 28

2012.

On May 13, 2012 Mr. A.

Question and Answer

session was scheduled

on August 24, 2011 for

three officers namely

Constable C. C., Spl.

Cons F. A. and Spl.

Cons N. L. however A.

C. T. called at 10:35 am

to say that he represents

Spl. Cons F. A. and Spl.

Cons N. L. and was

unable to come. Both

officers visited

INDECOM on August

25 and were served to

appear on August 31,

2011 at 9:00 am and

1:30 p.m.

The attorney for

Constable C. C., C. R.

submitted a letter on

behalf of her client. He

did not turn up at

INDECOM on the date

of the Notice.

On October 28, 2011 to

attend Supreme Court,

mention date for the trial

of M. R.

Serve the service

providers with a notice


H. was contacted on and

advised of the next court

date. He said he was

advised by his lawyer

Serve a Notice on all

those that were on the

operation to come and

answer questions. We

are particularly

interested in the

recovered firearm.

Liaise with Miss D. at

the lab and ask her to go

further with her report

and say whether the tin

strip and the shrapnel

matches the

manufacturers material

Mr. C. to speak with

Miss D. re the

usefulness of the further

tests

Update the family on the

next court date

30-04-2012

Q n A was done

Notice served to service

provider.

On 30-04-2012, spoke

with Mr. C. that he is


schedule to speak with

Ms. D. today on the

matter.


17 D.S. 27/8/11 Kingston D.S. was fatally shot

by Spl. Cpl. F. S. of

the ISCF Harman

Barracks when he

allegedly pulled a

ratchet knife from his

waistband and cut F.

S. on the right side of

his abdomen. He was

treated at KPH.

However

eyewitnesses refuted

the claim stating that

the officer grabbed D.

by the front of his

pants pointed his gun

into his face and fired

one shot that caught

him at the left side of

his face and exited at

the back of his head.

Diary entries copied from

the Denham Town Police

Station. And Harman

Barracks

Statements of witnesses

recorded

All notices sent.


the concerned officers

Applied to KPH for

medical cert. Of the

officer who claimed he

was cut.

Id parade forms are being

completed

Application to GFL, CIB

and FLA to be dispatched

Notices for Q& A to the

officers scheduled for

February 27.

To meet with Mr. C. to do

reconstruction of incident

On 2/2/12 update was

given to the Victim‟s

mother. She expressed

her satisfaction on the

progress made so far.

The Initial Investigator

D/Sgt B. took the

shooter‟s firearm and

submits it to GFL


13/3/12 One VIU form

was served on the

concerned officer and the

served documents

received.

Two additional

statements were recorded

giving further description

of the officer.

On 18/4/12 another VIU

form was submitted to be

served.

Q& A session scheduled

for May 1 2012 was not

held. The lawyer Mr. C.

T. called on May 1 to say

that the notices were

served On the same day

and his clients were not

prepared. He requests a

new date.

Notices were served for Q

& A to be done on May

14, 2012 and May 17,

2012. Mr. T. was advised

of the new dates.

Q & A session was done

with Spl Cons B. and C.

ID parade was done for

the Concerned Officer.

However the witness


failed to ID him.

KPH said that the

Medical Records for the

Concerned Officer cannot

be located.

Obtain Post Mortem

Report from the Legal

medical Unit


18 A M. 23/08/11 St Andrew On August 23, 2011

at about 4:00 am

A.M. of Airy Castle

was fatally shot by A

team of police at his

home. The team

from the Constant

spring Police Station

led by DSP G. M.

includes Cons. D. F.

Police Version

DSP G. M. said that

he knocked on the

door of a house and

heard explosions. He

and F. lie on the

ground and he

opened the door. He

saw a man inside

with a gun in his

hand. The man

jumped through a

window and fired

again at them. He

returned the fire and

A. was found with

gunshot wounds. A

firearm with the #

erased was recovered.

Witness Statement.

Taken on 2/2/12

Notices were served on

concerned officers,

Station Diary entry

collected Witness

statements were also

collected Postmortem

Report requested

I.D. Parade forms are

being completed

To apply to COP for ID

parade of concerned

officers


S.K.D. said that she

was in her house

when she heard loud

knocking. She heard

A.M. sister saying

“No uno can do mi

breda so. She opened

her door and saw 3

men dressed in dark

colored uniforms

with short and long

guns standing over A.

Their backs were

turned to her so is

unable to describe

them. She saw A.

was lying face down

and one of the

officers fired several

shots in A. while he

was on the ground.

She saw what was

happening from a

light bulb.

Second Witness M.

M. said that she saw a

policeman shot her

brother. She

described him to be

of medium built, 6 ft

in height. She


observed this from

about 12ft away with

the aid of the moon

that was shining

brightly.

From all the

witnesses account he

was shot outside at

the side of his house.


19 D.S. 17/10/11 Portland D.S. was Fatally Shot

by officers from the

Port Antonio Police

Station when they

responded to a report

from his common law

wife that he was

armed with a firearm.

The officers claimed

that while at the

deceased house he

attacked his common

law wife with a

machete, he was

ordered to drop the

machete but he kept

on advancing towards

her when they shot

him.

Eyewitnesses report

indicates that the

deceased was not

armed with a machete

but was shot as he

exited his house.


the Port Antonio Police

Station.

Statements of witnesses

recorded

All notices prepared to

be dispatched to the

concerned officers and

the Initial Investigator.

Attend Post Mortem on

24/10/11

Efforts made to locate the

girlfriend of the deceased

proved futile as calls to

her telephone went

unanswered

Applied for Post Mortem

Report

Id parade forms are being

completed

Obtained the statements

of the concerned officers.

Mr. C. P. was asked to

locate the witness.

9/3/12 Mr. P. was unable

to locate witness

On 9/3/12 Det. Sgt G. of

the Port Antonio Police

Station was asked to

investigate if she was

See how much the story

of the ex-girlfriend can

be refuted

Ask Mobay office to try

and get a statement from

her

ID parade to be held

30-04-2012

Girlfriend not found.

ID Parade was not held.

Awaiting report

from Incident

Scene Examiner


back in Portland

Again applied for Post

Mortem Report

On 16/4/12 Det. Sgt G.

said that she was seen in

the area. He is making

further enquires as to her

place of abode.

ID parade forms

completed to be delivered

at the Port Antonio Police

Station to be served

Contacted the Legal

Medical Unit Applied for

Post Mortem Report. It

was not ready.

19/4/12 Efforts made to

contact the witnesses via

telephone was

unsuccessful.

On May 10 2012 went to

Portland and obtained

additional statements

from witnesses.

The mother of the

deceased was given an

update on the matter.

VIU form was submitted

to the Superintendent‟s

secretary Cpl T. for

Constable L. who is the


shooter. He advised that

this officer resigned in

January 2012 and

migrated to the USA.

A letter was obtained

from the Superintendent

to the effect.

Efforts made to locate the

girlfriend of the deceased

proved futile.

Went to the Legal

Medical Unit for the Post

Mortem Report and was

told that they were

searching for the

Pathologist report to do

the P/M report


20 S. P. and D. S. 6/11/2011 St. Catherine S. P. and D.S.

reportedly engaged

the police in a

shootout at Shelter

Rock, Spanish Town,

St. Catherine when

they were fatally

shot. One firearm

with the serial #

erased was allegedly

recovered at the

scene.

However residents

who protested refute

the police account.

Notices Served,

Station Diary entries

obtained

Attended the Post

Mortem Examination

Firearms of the Police

and that recovered were

taken to the lab

The bodies were

identified at Post Mortem

Examination

Statement of witnesses

obtained

Incident Scene

Examination Report

obtained

Statements of persons

who identified. bodies

obtained

Incident scene

examination report

received

26/3/12 Applied to the

Legal Medical Unit for

Post Mortem Report

The community was

visited and efforts made

to locate eyewitness

proved futile as persons

spoken to say they were

unable to assist including

Diagram to be done by

Mr. C.

Find out who dispatched

the officers and why

Re-canvass area for

statements

Check for post mortem

30-04-2012

Diagram has not been

received.

Mr. S. to present

statement on this by 1-5-

12

Re-canvass was done, no

other statement

obtained.

Post Mortem report not

yet received.


the patents of the

deceased.

Obtained Statement of the

concerned officers and

the initial investigator

who took the firearms to

GFL.

The station diary entry

indicates that the

concerned officers were

on regular foot patrol in

the Shelter Rock

community at the time of

the incident.

Went to the Legal

Medical Unit for the Post

Mortem Report D. S. was

obtained however S. P.

was not obtained.


21 J.B. 09.03.12 Kingston J.B. was fatally shot

by police at 58

Norbrook Road (Sand

Bed Settlement)


hands swabbed



3. (5) Eye witness

statements recorded



6. Request for firearm

competence made from

FTTU

7. Firearm and

Ammunition registered

copied

8. FTTU response

received

9. Applied for Medical

Report

10. Received concerned

officers‟ statements

11. Letter sent to BSI

requesting copy file

12. ID parade form

served on concerned

officers

Awaiting copy file

from BSI

Awaiting ID parade


22 D.G. 16.03.12 St. Andrew D.G. was fatally shot

by police at her home

in Cassava Piece

during a reported

shootout between gun

men and police


hands swabbed


(12) officers

3. (7) Witness statements

recorded

4. Firearm and

Ammunition registered

copied

5. Movement Diary

copied

6. Duty Roster copied

7. Request made to police

Control for tape/transcript


and ID statement

recorded

9. Statements received


10. Request made to

FTTU for officers firearm

competence

11. Received report from

FTTU

12. Post Mortem Report

received

13. ID parade forms

served on concerned

officers

Awaiting Ballistic

Report

Awaiting ID

Parades

Awaiting report

from Police Control


23 S.H. 01.14.12

10.14.12

Kingston S. H. oc R. was

fatally shot by the

police at a

construction site in

Water House after he

allegedly engaged the

police in shoot out.

(3) guns allegedly

recovered by the

police



and Initial Investigator.

2. Hands of concerned

officers swabbed

3. Post Mortem

Examination attended

4. Post Mortem statement

recorded

5. Post Mortem report

received

6. CIB report received

7. Statements from

concerned officers

received

NB. Direction of bullet

do not support police

version of a shootout

Awaiting Ballistic

Cert.


24 K. S. Saturday, June

2, 2012

Kingston On Saturday, June 2,

2012 at about 4:35

a.m. 25 years old

K.S. of Jarrett Lane

Kingston was shot

and killed in his

house at 58 Mountain

View Avenue,

Kingston (Jarrett

Lane)

. Information

obtained from the

police a party led by

the Superintendent B.

in charge of the

Kingston Eastern

division to include

the Area 4 special

team were on an

operation when two

of the officers

knocked on the door

of a house along the

lane. The door

immediately flew

open and two men

inside armed with

handguns open

gunfire them. The

gunfire was returned

and one man was hit

1. Statements of

witnesses

2. Incident Scene

Examination Report

3. Post Mortem

Examination Report

4. Statement of the person

who identified the body at

the post mortem

examination

5. Station Diary records

obtained

6. Ballistics Certificate


while the other

escaped through a

rear door.

However, a close

relative of the victim

who was sleeping in

an adjoining room

was awakened by the

explosion. He heard

the victim cried out

and a third explosion

rang out. He

witnessed the

incident through an

opening at the top of

the door that his room

from that of the

deceased. According

to the eyewitness one

of the police officers

said „A innocent

youth unno kill man,

yuh nuh si she a de

wrong man unno kill.

A wan a wi dis, a

wan a wi unnu kill.‟


25 J.G. 14/10/2012 Kingston Police Version:

The Initial

Investigator

Detective Corporal

G. reported that a

team of police

officers to include

Inspector A. F. Cpl.

D. B., Cons. C. C.,

Cons. L. Cole, Cons.

K. D. of the Hunts

Bay police station

were in the Majestic

Garden area when

they received reports

of gun men on a

premise. The police

reportedly responded

to the report and on

reaching the

premises, a man who

was seen in the yard

opened fire at the

police. The police


he was shot. He was

taken to the Kingston

Public Hospital

where he was

pronounced dead.

A Smith and Wesson

Sec. 21 Notices Served

on the concerned officers

to include the initial

Investigator.

Detective Corporal G. to

respond by 19/10/12

Inspector A. F., to

respond by 19/10/2012.

Cpl. D. B., Cons. C. C,

Cons. L. C, Cons. K. D.

to respond by 16/10/12.

Statement of the person

who I. D. the body of the

deceased at the Post

Mortem.

Station diary Entry from

the Hunts bay Police

Station

Firearm Entry for Cpl. D.

B.,


9mm pistol S/R #

along with a

magazine containing

six (06) live rounds

was reportedly

recovered from the

injured man.

Witness Version:

There is no

independent eye

witness to the

shooting.

The scene was

processed by

Detective Corporal

G. of the Scenes of

Crime Unit and the

hands of the police

officers reportedly

swabbed by him.


26 K.W. and N.T. 13/10/12 Kingston Police Version

The Initial

Investigator.

Detective Sergeant G.

R. of the Stony Hill

Police Station

reported that at

approximately 5:20

a.m., police officers

to include Detective

Sergeants D. and T.

along with Corporal

G. B., Constable R.

D., Constable R. S.,

Constable E. G. and

Constable G. were in

the area searching for

wanted men when

they received

information and went

to premises on Lane

Pass. On

approaching a

particular house,

gunfire was heard

coming from the

house. Two (2) men

emerged from the

house firing at the

police. The police

returned the gunfire

Field Notices were served

on all the Concerned

Officers to include the

Initial investigator. They

are to responds by Friday,

2012 October 19.

Station Diary Obtained


and both men were

injured.

The injured men were

taken to the Kingston

Public Hospital

where they were

pronounced dead.

A .357 Magnum

Revolver, serial

number ALC6321

with four (4) spent

shells and two (2)

live rounds and (ii) a

Revolver, the make

unknown, serial

number erased with

four (4) live rounds

and one spent shell.

The scene was

processed by P. A.

eleven (11) spent

casings, one (1)

damaged copper

jacket and blood

samples were

collected.

No eye witness was

identified.


27 D.R. St Thomas The Initial

Investigator,

Detective Sgt. N. G.

of the Morant Bay

Police Station

reported that at about

6:50 pm, # 11248

Corporal G. H.,

Constables K. E.,

Constable B. B.

Constable R. R. were

on patrol in the

Backbush area of

Friendship Pen,

Morant Bay when

they entered premises

at 40 Frendship Pen

and spotted three men

one of whom opened

gun fire at them and

they returned the gun

fire. The man who

opened fire at them

was hit and fell on

the perimeter zinc

fence. A Revolver

with Serial # ????

was found beside him

with thee live rounds

and two spent shells.

The two other men

All four concerned

officers were then served

with Section 21 Notices

to furnish their statements

by October 18, 2012 @

2:00 pm.


escaped.

The injured man was

escorted to the

Princess Margaret

Bay Hospital where

he was pronounced

dead.

# 11248 Corporal G.

H. who allegedly

discharged his

weapon during the

incident was

cautioned and

questioned with a

view of obtaining a

basic understanding

of what occurred.

However, he declined

stating that he is

distracted and

fatigued.

Two of the other

officers Constables

K. E. and B. B. were

also questioned and

stated that they too

had been on duty for

an extensive period

and were traumatized

and would like some


time to submit their

statements.

Constable R. R.

stated that they were

in the area making

checks when they

came upon three (3)

men who opened gun

fire at them. The gun

fire was returned and

one of the men fell.

He was the driver of

the vehicle and did

not witness much of

the incident.


28 K.B. 9/10/2012 Kingston Fatal shooting The

Initial Investigator

Detective Sergeant R.

indicated that at

approximately 11:03

pm on Tuesday

October 9, 2010 a

Route taxi drove into

the Washington

Boulevard and

Molynes Road Total

Service Station A

frantic female

passenger alighted

from the front

passenger‟s seat and

the driver of the taxi

tried to open the

driver‟s door but

failed. He then

alighted through the

passenger door and a

man excited the right

rear door. The man

pulled a gun from his

waistband and went

after the driver of the

taxi. An off duty

police officer was

entering the Mart and

accosted the man

Statements Obtained:

1. Initial Investigator

Detective Sergeant P. R.

2. The Concerned Officer

Cpl K. W., of Traffic

H.Q.

3. Witness Who was shot

D.B.,

4. Witnesses who are

Employees of the Total

Service Station S. B., and

Supervisor D. B.,

5. Station Diary entry.

6. Statement of Witness

who I. D. Body at post

Mortem Exam.

1. Hand-swab

certificate for

deceased and police

officers;

2. Ballistics

Certificate;

3. Entries from

Firearm and

Ammunition

Registers and the

Officer who issued

the officers Firearm

4

5. Statement from

personnel who

processed scene

and relevant

pictures;

6. Statement from

persons who

transmitted exhibits

from scene to

Forensic lab; and,


with the gun in his

hand. The concerned

officer fired several

shots in his direction.

The armed man was

hit and a Colt .45

semi auto Pistol,

bearing serial number

70B41446 with one

live round recovered

from him.

A man who identified

himself as D.B. of 12

Toronto Ave.

Kingston 10

sustained what

appeared to be a

gunshot wound to his

left leg. Both men

were taken to the

Kingston Public

hospital where the

gunman was

pronounced dead and

Mr. B. was treated

and released.

The identity of the

taxi driver and his

passenger were not

established as both

persons left the


station immediately

after the incident.

INDECOM‟s

Information

Technology Manager,

Mr. M. J. visited the

scene and

downloaded a footage

of the incident from

the service station‟s

Close Circuit T.V.

Witness Version:

A statement was

recorded from Mr.

D.B., as well as two

employees (service

attendant) of the

service station. The

employees account is

consistent with that

of the police,

however Mr. D. B.

who appears to be

mentally challenged

said he only heard

explosions and ran.

He subsequently felt

a burning sensation

and saw blood oozing

from his leg.

The scene was


processed and ten

(10) 9 mm casings,

two (2) bullet

fragments and blood

samples were

collected.


29 M. L., H. D. and M. A.

12-Jan-13 St. Andrew According to Corp. D. F., his team including Sergeant M., Cons. S., Cons, R., Cons L. and Cons. R. along Acadia Drive, when they observed a blue Mitsubishi motor vehicle travelling along the roadway heading in a southerly direction. The motor vehicle was signaled to stop and the driver of the motor vehicle reluctantly obeyed the instruction. As the motor vehicle stopped men alighted from it and fired on the police. The police returned the fire and three of the men were shot. One man ran onto Evans Avenue and was chased, however he managed to

1. The hands of the police officers implicated in the incident were swabbed. 2. Section 21 Notices were then prepared and signed for by each concerned officer. Due dates for response to Notices are Monday January 14, 2012 at 12:00 noon. 3. The two (2) recovered firearms and ammunitions were seen, examined and necessary information recorded. AT Tranquility Funeral Home where the bodies of three (3) men were ID, the body of M. L., resident of Smokey Vale, was identified by O. S. (uncle). The second man U. D., o/c ‘G’ was identified by the police on the basis that he reports on condition of his bail to the Constant Spring Police Station.


escape. The three injured men were taken away to get medical attention. Two firearms one (1) Mack 10,machine gun ,serial number erased, and magazine containing four (4) live rounds, and a Arcus 9 mm Pistol serial number 25HP400872 and magazine with six (6) live rounds were allegedly recovered on the scene.


30 H. M. 24-Jan-13 Marl Road, Kingston

Acting on information from Police control about a spate of robberies committed by men travelling in a Grey and Black, Toyota, Mark II motor car. A marked police unit from the Kingston Central Police Division observed a motor car fitting the description given by Police control and attempted to intercept the car. The car was signaled to stop but the driver disobeyed the police instructions and shots were fired from the car. The police returned the fired. Other units in the vicinity also engaged the motor car. A pursuit ensued after which the motor car

1. The hands of two (2) of the concerned officers swabbed. 2. Proceeded to the Hunts Bay Police station where he interviewed Mr. G. and the other suspect identified as M. G. 3. Contacted SI S., and requested the support of Area 4 Scenes of Crime personnel to swab the hands of the two suspects. 4. Two firearms one (1) Taurus revolver serial number SB719751 with three (3) live rounds and three (3) spent shells and an Astra 9 mm semi-automatic pistol, serial number partially obscured with a magazine with seven (7) live rounds were seen, examined and the necessary information recorded, however not

1. Hand-swab certificate for deceased and police officers, 2. Ballistics Certificate 3. Statement from person who identified body of deceased at Tranquility Funeral Home at Post Mortem 4. Statements from police officers 5. Statements from officers issuing the Concerned Officers with the firearms and ammunition 6. Statements from initial investigator to include chain of custody of weapons to laboratory


crashed along 5th Street off Marl Road. Another shootout ensued during which one of the men was shot and injured. He along with another of the men who also suffered injuries was taken to the KPH where he was pronounced dead. The other injured man was treated and released in the custody of police officers. The third man was taken into custody.

photographed. 5. All concerned officers were interviewed. 6. Section 21 Notices were then prepared and signed for by each concerned officer. Due dates on the Notices are Friday January 25, 2013. 7. At the Tranquility Funeral Home. Where the body of the unidentified man was seen lying on a slab. The body was processed and verbal notices were then served on Det. Sgt. W. and his team along with Det. Cpl. W. for their statements.


31 K. R. o/c 'B. A.' 17-Dec-12 Kingston Detective Corporal M., then briefed us that at about 5:00 p.m. a police party was on an operation (searching for wanted men) in the Denham Town Community, when on entering 4th Street, (off Collie Smith Drive) a group of men on seeing the police ran in different direction. # 7283 Corporal F. D., attached to the Mobile Reserve Division gave chase and a few of the men ran unto premises #7. During the pursuit Corporal D., observed a door to one of the premises being closed and went to investigate. He approached the door and kicked it


open and saw one of the men he was chasing attempting to go through a window. The man on seeing the police officer turned and pointed a firearm at him. The man discharged one round from his weapon. The police officer returned the fire, firing four (4) rounds from his M16 rifle before the rifle became defective. The officer then pulled his 9 mm Glock sidearm and discharged one (1) round from it. The injured man was then taken away to get medical treatment. One (1) .380 Taurus pistol with five live rounds in the magazine was


recovered from the scene. An appreciation of the scene was done and observations made. No witness to the incident was identified.

TEAM – ALPHA

CATEGORY

B

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM ALPHACATEGORY B FATALITY INVESTIGATIONS

No.Deceased/

VirtualComplainant

Dateof Incident

Locationof

IncidentAllegations Action Taken Action

Recommended Reason for Incompletion

1 J.F. 4.07.2012 Kingston J.F. was reportedlyfatally shot during ashootout with policeofficers comprised of ateam mostly fromMobile Reserve but ledby Inspector K. M.from the Stony HillPolice Station in abushy section of theBrook Level area ofGolden Spring, St.Andrew. It wasreported by Officersthat three (3) men whowere suspected to beinvolved in a series ofhomicides in the StonyHill community wereseen at a house and onthe approach of thepolice, they openedgunfire and two (2) ofthe men ran and J. whowas clutching a .38

a) On the spot noticeswere served on twelve(12) Officers fromMobile Reserve , Two(2) from Stony Hill andtwo (2) from ConstantSpring Police Station

b) Collected Diary entryfrom the Stony HillPolice Stationc) Obtained responsesfrom officers the eleven(11) officers fromMobile Reserved) Collected diary entryand Firearms andAmmunition Registeras well as MovementDiaryfrom Mobile Reservee) Attended post-mortem examinationand recorded statementfrom mother of

Awaiting Ballistics and HandSwab Certificates

Nov 5, 2012: still awaitingballistics and hand swabcertificates. Awaiting 2statements from Det. Sgt. A.and Det. Cons. P. W.


Revolver with serialnumber and makeerased was shot andpronounced dead athospital.

deceased

e) Received copy offuneral programmefrom mother ofdeceasedf) Obtained Post-mortem examinationresultg) Prepared anddelivered notices forOfficers whodistributed the firearmsto the police officers toprovide statements.h) Received statementand CD fromINDECOM’s ForensicExaminers

i) Obtained statementfrom InvestigatingOfficer, Det. Sgt. H.


2 D.A. 21.08.2012St.Andrew

D.A., 38 years old ofHermitage District,August Town wasfatally shot by policeofficers from the HalfWay Tree PoliceStation during a shoot-out and who wereconducting operationsin the Kintyre area ofKingston.

A .38 Smith andWesson Revolver withserial numberCFK0453 wasrecovered from thescene.

1. On the spot noticesserved on the twoconcerned officers (Cpl.C. D. and Cons. R. D.)as well as theinvestigating officer,Det. Inspector O. fromthe Half-Way TreePolice Station2. Diary entries werecollected from thePapine Police Station3. Firearm andAmmunition Registerrecorded from the Half-Way-Tree PoliceStation4. Attended postmortem examinationand recorded astatement from K. A.,brother of D. whoidentified the body.4. Prepared letter toFLA, CIB andForensics Laboratory5. Prepared anddelivered at the Half-Way-Tree PoliceStation, notices forofficers who issued

Awaiting Ballistics and HandSwab Certificates

Awaiting responses from CIB,FLA and Forensics Lab

Nov 5, 2012: awaiting statementfrom Officer who issuedfirearms and ammunitions to theconcerned officers.


firearms andammunition to theconcerned officers.6. Received post-

mortem examinationreport7. Obtained statementsfrom ConcernedOfficersAnd Investigating

Officer.Nov 5, 2012: Receivedstatements from officerswho issued firearms andammunition to theconcerned officers.


3J.G. o/c“C.C.B."

23.06.200111.08.2011

Kingston

INDECOM receivedinformation that a manJ.G. o/c “C.C. B." ofRose Town, Kingston12 was fatally shotduring a shootout withpolice officers atBamboo Ridge,Bartons, St. Catherine.

1) Station Diary entrycollected. (2 Notices toOfficers, P. B., J. M., K.R., and G. S. from theTransnational Crimeand Narcotics Divisionprepared and deliveredon August 25, 20113. Request forBallistics Report madeon Thursday,September 8, 20116. Notices to Scenes ofCrime officers, WomanCorporal S. T. and Det.Sgnt. R., was preparedand delivered to theScenes of Crime sectionin Spanish Town aswell as other OfficersG. S. and M. fromDenham Town andSgnt. L., Cpl. C. L.,Cpl. M. T., Cpl. K. M.from TransnationalCrime and NarcoticsDivision on Monday,October 3, 20117. Received interimreport from BSI8. Prepared letter to

Check to see whetherthe deceased waswanted (Crime Book @Rose Town PS, internetor CCN)

Follow weaponrecovery procedure

DOC Review29-02-2012

FIR to be completed.Nov 5, 2012: FIR wascompleted on 10/10/12

FIR is beingcompleted


ACP, G. G. requestingPost Mortem Report,Statements from theCrime Scene Persons,folio number forexhibits, Ballistics andHand Swab Certificateif received.9. Response receivedfrom Cons. R., M. andB., M., T., Det. Sgt. R.and S. on September19, 201110. Received PostMortem Report fromBSI on September 28,201111. Obtained CDdocumenting the crimescene11. Received responsesfrom all concernedofficers12. Ballistics reportreceived on December23, 201113. Checked theWeapons RecoveryBook at the GreaterPortmore Police Stationand there was no entry


made14. Checked theinternet and foundinformation relating tothe deceased beingwanted.15. Received responsefrom Officer B. whohanded the gun andammunition to theofficers from theDenham Town PoliceStation5. There are no knowneye witnesses and assuch no statements werecollected, gunrecovered and it isalleged that deceasedwas a wanted manFIR was completed


4 M.M. 8/11/2011St.Catherine

M.M. and a group ofmen reportedlyengaged the police in ashootout on DarlingtonDrive in Old Harbourwhen he was fatallyshot and the other menescaped. One HomadeShot Gun was allegedlyrecovered at the scene.No known eyewitnessto the incident.Incident took place onDecember 5, 2010 butthe complainantreported it toINDECOM onNovember 8, 2011

1. Notices Served, onDet. Cpl. B. L. InitialInvestigator, Det. Cpl.R. L., Cpl. W. P., Cons.O. M., Det. Cpl. R. L.2. Station Diary entryobtained3. Firearms of thePolice and thoserecovered were taken tothe lab4. Sent Letters to CIB,FLA and Forensics Lab5. Applied for postmortem report andreceived same6. Received responsefrom L. L., Scenes ofCrime personnel onFebruary 15, 2012.7. Obtained statementform D.C. R. L. andDet. Cpl. R. L. on the16th of May 20128. Second set of noticeswere prepared.9. Post-mortem reportreceived.10. Spoke with SSP P.who directed me toDSP G. Received

Review02-05-2012

Investigator is to servea second set of Noticeon the concernedofficers to give returnswithin four (4) days.

Nov 5, 2012: 2ndnotice was served on….. And responsereceived.

Awaiting Ballistics Report andHand Swab Certificate

Nov 5, 2012: still awaitingballistics.


statements from allconcerned officers onJuly 9, 201211. Provisional FIR isbeing done

5 V.B. o/c “C.D.”

12/11/2011 St.Catherine

V.B. o/c “C. D.” wasfatally shot by thepolice on 12/11/11about 1:20 am alongTerminal Road,vicinity of CasinoRoyal Dance Hall OldHarbour, St. Catherineafter he allegedlyengaged the police in ashootout. One .38Rossi Inter ArmsRevolver Serial#W330139 loaded withone live .38 cartridgeand two .38 spentshells was recoveredfrom him.

1. Notices Served onthe Officers involved,they are Cpl. H. T., Cpl.W. P., Cons. O.L M.Cpl M. M. from St.Catherine TSDprocessed the scene2. Recorded statementfrom Mr. V. B. father ofdeceased who identifiedthe body at the post-mortem.3. Received statementfrom InvestigatingOfficer, Cpl. R. L.4. Received IncidentScene Report from K.G. and CD

Review02-05-2012

Notices are to be re-issued by Monday May7, 2012 with four (4)days for statements.Nov 5, 2012: Noticeswere served on…. Andresponses received.

Awaiting Ballistics and HandSwab Certificate

Nov 5, 2012: still awaitingballistics and hand swabcertificate.


5. Letters sent to GFLand CIB.6. A 2nd set of noticeswere prepared for theofficers involvedinclusive of theW/Cons. L. who issuedthe firearms andammunition to thepolice officers onTuesday, May 8, 20127. Received PostMortem ExaminationReport on April 24,20128. Spoke with DSP G.who promised to collectall statements fromofficers and submit tous by Monday, July 9,20129. Received statementsfrom officers

Provisional FIR is beingdone


6 K.T. and D.B. St.Catherine

1. K.T. and D.B. werefatally shot along theRiversdale main roadwhen both deceasedand another man whoescaped allegedlyopened gunfire at thepolice who wastravelling in anunmarked vehicle.2. Det. Cons. J. G.who was the driverreturned the fire fromwhere he was sitting atthe driver’s seat hittingboth men.3. The third manescaped and a firearmwith serial # TSJ 31187was recovered.5. The police accountof the incident was notchallenged as noknown eyewitness wasidentified.

1. Station Diary entriesfrom Bog Walk andRiversdale PoliceStations obtained aswell as Firearms andAmmunition Registerfor E. and J.2. Notices sent to theofficers, G., G., S. N.,A. J., E. C. and initialinvestigator3. Obtained ForensicExaminer’s report onthe 9th of January 2012.4. Received returns thatnotices were served onSgt. N., Sgt. E., Det.Sgt. R. G., Cons. A. J.,Det. Cons. J. G., Cons.E. C. on the 24th , 27thand 28th of January2012 and5. Attended postmortem examinationand collectedstatements of thepersons (O. W. and D.B. who identified thebodies.6. Applied for andreceived post mortem

To obtain Forensic (Hand-swab)Certificate for the deceased andpolice officers involvedBallistics Certificate


examination reports onApril 24, 20127. Followed FirearmRecovery Procedure bywriting to CIB,Forensics and FLA8. Received statementfrom InitialInvestigator, R. G. whoinformed that he wasthe one who transmittedthe firearms to theforensic laboratory.9. Obtained Statementsfrom Sgt. N. who issuedfirearms andammunition to theconcerned officers10. Received statementsfrom concernedofficers, A. J., J. G. andE. C.11. Collected Firearmsinformation for G.Notice Officer Cons. L.G. who had inspectedsame as G. Firearm isKeep and Care.Received statementfrom OfficerProvisional FIR is being


done


7 D.A.S. 31.03.2012 Kingston Reports are that on the31st of March 2012 atapproximately 5:04a.m., police officersfrom Hunts Bay PoliceStation were patrollingthe Olympic Gardenscommunity when onreaching Robins Roadthey saw three (3) menwalking. The policestopped the men andrequested a search oftheir person then one(1) of the men pulled afirearm and fired at thepolice. The policereturned the gunfireand one of the men washit while the other two(2) jumped into nearbygully and escaped.

1) On the spot noticeswere handed toconcerned officers,Constables B. B., K. T.and A. G. as well asinvestigating officer L.B.2) Visited Post mortemand collected statementof identification fromD. father, D. S.3) Obtained statementsfrom concerned officers4) Prepared anddispatched letters toCIB, Forensic Services.Also to Legal MedicineUnit requesting post-mortem examinationreport.5) Collected diaryentries from Hunts BayPolice Station as well asFirearms andAmmunitions register7) Obtained postmortem report on April24, 20128) Received IncidentScene Report from P.A. and H. C. on June

Review02-05-2012

Post Mortem Report isoutstanding.1Awaiting Ballistics Report2. Awaiting phone recordsNov 5, 2012: Post mortemreport was received. Awaitingballistic report.


11, 20129) Obtained statementfrom W/Sgt. G. whoissued firearms andammunition to B. B.and K. T.10) Received responsefrom CIB headquarterswhich indicated the gunallegedly taken from thedeceased was involvedin a fatal shootingincident on the 22nd ofFebruary 201011) Had response fromForensic Lab whichindicated that theweapon was neverreceived at the lab priorto this incident fortesting.Provisional FIR was

prepared and submitted


8 A.R. o/c ‘S’, 14/04/11St.Catherine

On Thursday, 2011April 14 at about 1:30pm A.R. o/c ‘S’, 24years old D.O.B.22.6.1986 unemployedof Love Lane, MarchPen Road, SpanishTown, St. Catherineand an UnidentifiedMale were fatally shotduring a shootout withthe police at KentVillage District, BogWalk, St. Catherine.One AK 47 Assaultrifle serial numberSMO5139 with amagazine containingfive (5) 7.76 cartridgesand a 9mm TaurusPistol serial number notvisible with a magazinewere allegedlyrecovered.

(1) Notices served onCpl. A. J., Cons. N. K.,Cons. J. J., Spl/Cpl. DH.; DSP E. T..

(2)Notice served onScenes of Crimepersonnel Det/Sgt F.Cons. R.

(3)BSI Interim Reportreceived.

(4)Responses receivedfrom Spl/Cpl. D. H., AJ., Cons. J. J., Cons. N.K.;

(5) Station DiaryEntries from Bog WalkPolice Station copied;

(6) Received CD andstatement from Cons. J.and Det/Cpl. L. K.(Scenes of CrimePersonnel)

(7) On 11/8/16 Sgt. F.of the BSI was

Collect statement fromperson who identifiedthe body of A. R. forpost mortem purposes.

Letter to be written toACP BSI outliningconcerns and seekassistance to get thestatements of personwho identified thebodies from thepolicemen whoattended the PostMortem Examination.

On 2011September 12 at2:22 p.m. thisInvestigatorcontacted Sgt. F.of the BSI whoinformed me thatI should contacthim onWednesday,2011 September14 in regards tothe statements ofthe persons whoidentified bothbodies at the PostMortemExamination.

He also said thathe would beinforming meabout the FLnumbers for theweapons andammunition thatwere taken to theForensicLaboratory forexamination.

Ballistics Certificateoutstanding;

Awaiting response from DSP T.

Post Mortem Report forunidentified male outstanding

Awaiting response from DSP H.


contacted in regards tothe identity of theunidentified male thatwas killed with A. R..Sgt. F. informed that aletter is being preparedto establish the identityof the body. He alsoinformed that the PostMortem Report andstatements of personswho identified the bodywill be forwarded tome, I should call him on11/8/19 to follow up;

(8) Sgt. Fuller of BSIwas contacted on2011/8/23 in regards tothe identification of thedeceased man that waswith A. R. as well asthe FL # forthe Ballistic Report. Heinformed that he did nothave the FL# and thedeceased personidentification was stillbeing looked into.

(9)DSP H. wrote and

A second Noticeis to be sent toDSP T. toidentify the otherpersons in theparty.

DeputySuperintendentH. of theForensicLaboratory is tobe contacted as towhether or notthe gun was evertestedat the laboratory.


informed that there areno records or evidenceto indicate that thefirearm was submittedto the Department fortesting prior to theincident.

(10)Statement of DSPT. received.

No eye witness (es)


9 A.T. 22/4/11St.Catherine

On Friday, 2011 April4 about 8:00 pm A.T.,21 years old D.O.B.26.05.1989, Driver ofApartment 64A, 5-7Ruthven Road,Kingston and R.W.were fatally shot by thepolice during analleged shootout alongJean-Marie Drive,vicinity of Lot #837Portmore Villas, St.Catherine. One 9mmGerman Luger pistolwith serial number notvisible was recoveredloaded with five (5)9mm cartridges.

(1)Station Diary Entriesfrom NationalIntelligenceBureau and CaymanasPolice Stations copied

(2)Responses receivedfrom Det/Sgt. R M.,and Cons. A. D.;

(3)Statements of D. C.,A. E. eye witnesseswere recorded

(4) Post Mortem reportof A. T. and R. W.received

(5)Received CDs fromDet/Cons. S. R.,Forensic Scenes ofCrime Investigator

(6) Received PostMortem Reports of A.T. and unidentifiedmale whose identity isR. W. of a Zambia ,Central Village address;

(1)Ballistics Expert tofurnish information asto whether recoveredfirearm was previouslytested at the JCCFForensic Lab.

(2)Investigator to findout whether the policerecorded recoveredfirearms in book andwhere are the firearmsnow. Check FirearmRecovery Book.

Open Investigation intoalleged sexual assaultof S.S. by PoliceConstable D. H. in car;

Ms. H. to open a newfile;

Write to NIB andCISCOCA for copiesof their files (if any) inrelation to this matter.In the letterInvestigator to remindthem that this is a case

Awaiting Ballistic Certificate


(7)On 2011 August 22,A copy of File has beenrequested and receivedfrom BSI along withstatements of thepersons who identifiedthe bodies of both maledeceased.

(8) Newspaperclippings wereobtained.

24-4-2012

Case is withINDECOM’s LegalDepartment.

(1) On 2012/8/8 filereceived from legaldepartment with letterswritten to CISOCA.Awaiting response.

Witness statementscorroborate that of thepolice officers involved.

(1) Received file fromLegal Department on

involving sexualassault and pursuant toINDECOM Act, mattershould have beenreported to INDECOMwithin 24 hours;

Legal Officer toprepare letter.

Investigator to findnewspaper clipping andattach to file;

Investigator to find outwhich police stationCons. D. H. was takento.

File was given to theLegal Department.


2012/8/8 with letter toCISOCA.

(2)Response receivedfrom CISOCA on 12/8/14.


10 J.Y. 5/19/2012 Kingston

At approximately 3:00a.m. INDECOM’stelephone operator Mr.O. W. reported ashooting incident bythe police at 9 RedHills Boulevard,Kingston 8. On arrivalat the intersection ofRed Hills Road andRed Hills Boulevard atapproximately 4:00a.m. Detective C. R. G.of the Constant SpringPolice Station who isthe initial investigatorand his team were seenpreparing to leave thescene.Detective G. informedthat the scene wasprocessed by DetectiveCorporal H. of the St.Andrew North Scenesof Crime and the bodyof the deceased wastaken to TranquilityFuneral Home.Police Version:Reports are that atabout 1:00 am on May

(1)The woman who wasallegedly attacked bythe victim and twoother men confirmedthe informationobtained from thepolice. Her statementwas not recorded, as shewas being treated by themedical staff at the timeof our visit. Herparticulars as well asthat of the male wereobtained with theexpectation ofinterviewing them andrecording theirstatements at a laterdate.(2)The medical staff atthe hospital informedthat the male wasadmitted in seriouscondition and wasunable to speak.

Chief ForensicExaminer, H. C. andForensic Examiner. K.G. swabbed the hands


19, 2012 police officersfrom the OperationalSupport Team of Area5 Division respondedto a report of shootingat Red Hills Boulevardin the vicinity of theshopping centre. Ontheir arrival they weregreeted with gunfire.The police returned thegun fire and when theshooting subsided oneman was foundsuffering from whatappears to be gunshotwounds. A .38 Tauruspistol (serial numbererased) with two (2)live rounds and two (2)spent shells wererecovered from theinjured man. Theinjured man wasescorted to theKingston PublicHospital where he waspronounced dead andthe body taken toTranquility FuneralHome. The deceased

of the officers involvedat the Constant SpringPolice Station. Thefirearm which wasreportedly recoveredwas processed andhanded over for storagealong as those of theofficers involved. Theweapons will betransported to theBallistic section of theGovernment ForensicLab for testing on May22, 2012.(3)Statement of O. Y.,father of J. Y.(deceased), whoidentified the body atthe morgue recorded;(2) Incident SceneExaminer Reportreceived;

(4) Station Diary entrycopied;

(5)Notices delivered tobe served on Det/Cpl.H., St. Andrew Scenesof Crime Unit, Spl/Sgt.


was identified as J.Y.,18 years old,unemployed of 85 RedHills Road, Kingston 8.Further reports are thatMs. D. W., 36 yearsold, of 85 Red HillsRoad, Kingston 8 andMr. R. A., 56 years old,unemployed of 9 RedHills Boulevard,Kingston 8 werewalking along RedHills Boulevard whenon reaching the vicinityof 11 Red HillsBoulevard they wereattacked by mennumbering about 3 whowere armed. The menopened gunfire hittingthe male all over hisbody and chased thefemale to the rear ofpremises # 11 whereshe was assaulted bythe men. She sustainedwounds to her head andhands. Both injuredpersons were taken tothe Kingston Public

A. Lee, Spl/Cpl. U. R.;Spl/Cpl. C. A.Spl/Cons. A. F. andSpl/Cons. C. M.,Awaiting responses;

(6) Post Mortem Reportapplied for, awaitingresponse;

(7) Post MortemReport received.

(8) Received statementsfrom the above-mentioned officers.

(9) Received statementfrom Det/Cons. D. B. –Scene of Crime, CD’sand Forensic Labreceipts.

(10)Received statementfrom Det/Cpl. R. G.,Initial Investigator.


Hospital.


11 G.F. 6/12/2012 Kingston

At approximately 9:35p.m. Police Controlreported a fatalshooting incident bythe police at NorthHeroes Circle,Kingston 4. Atapproximately 10:10p.m. SeniorInvestigator S. arrivedat the scene followedby Forensic Examiner,K. G. and shortlythereafter InvestigatorsC. and D. DetectiveSergeant J. B. of theKingston CentralPolice Station who isthe initial investigatorand his team was seenat the cordoned area ofthe scene.Detective S. B.informed that theinjured man was takento the Kingston PublicHospital where he waspronounced dead andthe body taken to

(1)While on the sceneefforts were made toidentify eyewitness,however our effortsproved futile as nonewas identified.Information garneredfrom persons in andaround the parkindicated that the parkis plague-ridden witharmed men who rapeand rob their victims ona regular basis underthe cover of darkness.(2)The scene wasprocessed by ForensicExaminer, K. G. Shewas assisted by the JCFTechnical ServicesDepartment personnel.Ten (10) M16 Spentcasing were recoveredat the scene.(3)The hands of theofficers involved wereswabbed at the CentralPolice Station. Thefirearm which was


Tranquility FuneralHome.Police Version:Reports are that # 4761Corporal D. D., #12126 Constable B. H.and # 12893 ConstableK. H. of the KingstonCentral Police Stationwere on mobile patrolin the National HeroesPark when at about8:20 p.m. theirattention was drawn toan armed man in thevicinity the northernsection of the Park.The officers accostedthe man and he escapedthrough an exit in thevicinity of the WolmersBoys School. Heallegedly openedgunfire at the lawmenas they pursued him.The officers returnedthe gunfire in thedirection of the nowdeceased as he raneasterly along the mainroad at North Heroes

reportedly recoveredwas processed andhanded over for storagealong as those of theofficers involved. Theweapons will betransported to theBallistic section of theGovernment ForensicLab for testing on June13, 2012.(4)Notices were servedon Cpl. D. D., Cons. K.H., Cons. B. H. andDet/Sgt. J. B. at theCentral Police Station.(5)INDECOM ForensicExaminer alsoprocessed the body ofthe deceased atTranquility FuneralHome.(6) On 12/6/20statement of P. H. wasrecorded as sheidentified the body ofG. F.,(7) On 2012/6/21statements of Cpl. D.D., Cons. B. H. and K.H., were received in


Circle. He was shot inthe vicinity of theWolmers Girls Schoolwhere he fell.A Colt Magnum .38Revolver with serialnumber 98512J withtwo (2) live rounds andfour (4) spent shellswere recovered fromthe injured man .

office.(8) On 2012/6/26station diary entrycopied and statementfrom Det/Sgt. B.,receipt from ForensicLab and copy statementof P. H., were received.


12 R. F. 8/4/2012 Kingston

Reports are that atapproximately 9:15p.m. #4509 SergeantW. M. o/c “H.-a-D.”and #13291 ConstableA. G. of the Hunts BayPolice Station were onpatrol in the BarrettAvenue area offMaxfield Ave inKingston when theysaw some men standingat the gate of premisesnumber 8 and onapproach of the policethe men engaged thepolice in a running gunbattle at the end ofwhich one man wasfound to be sufferingfrom gunshot wounds.

The man was taken tothe Kingston PublicHospital by member ofDelta Team where hewas pronounced deadby doctor on duty onarrival.

A P229 Sig Sauer 40

(1)On 2012 August 5Notices were served onSergeant W. M.,Constable A. G. andDetective Corporal P.of the Hunts Bay PoliceStation.(2)Firearm andAmmunition Registerscopied for Sgt. W. M.and Cons. A. G.,(3) Station Diary entriescopied.(4) Statements receivedfrom Sgt. W. M., Cons.A. G. and N. P.,(5) Letter dated 17/8/12with newspaperclipping dated August16, 2012 received fromun-named source.(6) Statement ofDet/Cpl. D. R., ForensicCrime SceneInvestigator receivedalong with Viewer’sCD.(7) Post MortemExamination Reportreceived.(8) Statement and report


Caliber Pistol with itsserial number erasedalong with magazinecontaining 10 roundswas found beside him.The body is presentlyat Tranquility FuneralHome pending PostMortem Examination.

Investigations revealedthat there werewitnesses to thisincident but none iswilling to comeforward to assist in theinvestigation.

of K. G., ForensicExaminer received.


13 C.B.03.03.1205.03.12

Kingston

C.B. was fatally shotby the police at #16AGreenwich Crescent,Trench Town Kgn 5;after he allegedly firedgunshots at the police.A firearm was takenfrom him.

1. Field Notice servedon (3) concernedofficers and initialinvestigator.2. Hands of concernedofficers swabbed3. Station Diarycollected4. Post MortemExamination attended5. Letter submitted toFLA and CIB6. Post Mortem reportapplied for7. Post Mortem IDstatements received8. FLA respondreceived9. Statements receivedfrom 2 of 4 officers10. INDECOM ISEreport received11. 2/8/12 R. receivedfile from SI S. Read fileand continueinvestigations.12. 14/9/12 collectedfirearm details fromKeep and Care List atDenham Town PoliceStation.

Outstanding documents:1. Ballistic Cert. 2. AwaitingNIB report3. Further statement from D/SgtS. (On vacation leave) re chainof custody of firearms to Lab.ballistic report outstanding


13. 18/9/12 receivedPost Mortem Rep.11/10/12: (1) Rec'dresponse from D/Sgt. S.or other officers re:chain of custody offirearms to lab. Identityof shooter. (2) Bothofficers Cpl. G. B. andSgt. C. fired. Neither ofthem identified eachother. (3) Ballisticreport outstanding toprove who the shooteris. (4) Bullet recoveredfrom the body at PostMortem exam.29/10/12: Applied forBallistic Certificate.Contacted D/Sgt.S.@3:54pm Re: furtherstatement for chain ofcustody of weaponsinvolved. He indicatedthat statement is readybut J.P. did not stampand sign.


14 S.H. O/c R.01.4.1210.4.12

Kingston

S.H. O/c R. was fatallyshot by the police at#36 Henley Road,Water House Kgn 11,at a construction site inWater House. Heallegedly engaged thepolice in shoot out.Three (3) firearmsallegedly recovered bythe police.

1. Field Notices servedon (4) concernedofficers and InitialInvestigator.2. Hands of concernedofficers swabbed3. Post MortemExamination attended4. Post Mortemstatement recorded5. Post Mortem Reportreceived6. Received concernedofficers’ statements7. Firearm registerscopied8. 2/8/12 R. receivedfile from SI S. Read fileand continueinvestigations.9. Provisional FIR to bedone.16/10/12: Firearmrecovery letter sent offto FLA awaitingresponse. Responsefrom CIB HQ, TSP,Forensic lab report, nomatch found. 26/10/12:(1) copy diary entry @Olympic Gardens or

NB. Direction of bulletdo not support policeversion of a shootout.From CI W., visitOlympic GardensPolice Station and copydiary entry dispatchingteam onenquiries/patrol.

Outstanding documents:1. Ballistic Cert.2. NIB report3. Hand Swab Cert.

Ballistic cert still outstanding.


Hunt's Bay PoliceStation dispatching theteam on duty and whenthe returned (2) furtherstatement - D/Cpl. W.re: chain of custody offirearms to say who didhe hand over thefirearms for safekeeping and fromwhom did he receivethem to be taken to thelab (3) Ballistic Cert.outstanding. (4) FLAresponse letteroutstanding. 29/10/12:Applied for Ballisticcertificate. 31/10/12:visited the OlympicGardens police station,copy diary entries.diary not found andD/Cpl. W. was atCourt.4/11/12:telephone to speak withD/Cpl. W., ring straightto voicemail, msg leftfor him to contact R., refurther statement.


15 C.P. 3/6/2012Kingston5

C.P. was fatally shot bythe police at #2ALincoln Road, Kgn 5,in an alleged shoot out.A firearm wasallegedly taken from P.

1. Field Notices servedon concerned officers.2. Witness statementreceived3. 5 of 6 concernedofficers’ statementsreceived4. Letters sent CIB andFLA re: firearmrecovered and Policelicensed firearm5. Response receivedfrom FLA6. 31/8/12 Receivedinitial investigator’sstatement, witnesses M.R. and R., P. who IDbody at Post Mortem.7. Received SpecialCons. N., statement.12/9/12: TelephonePathology Dept. re PostMortem which is notready. 16/10/12:Received Post Mortemreport. 26/10/12:Outstanding: (1)Ballistic certificate (2)further statement fromD/Cpl. M. as to chain ofcustody. (3) D/Cpl. M.,

Outstanding documents:1. Post Mortem Report2. Ballistic Cert.3. Hand Swab Cert.


CIB to speak to re:chain of custody offirearm as he gave M. aballistic receipt for theweapons. (4) If thefirearms were handedover to the Guard room,who rec'd them andwhere they were stored.(5) Cons. L. identifiedCpl. H., as the shooter.(6) No bullet recoveredat Post Mortem.27/10/12: contactedD/Spl. M. 4436831 whoinformed me thatD/Cpl. M. took all theweapons to the lab andthey were handed overto the Guardroom.Called Cpl. M., noanswer, msg left.29/10/12 contactedD/Cpl. M., whoindicated that he willprovide his statementduring this week.29/10/12: applied forballistic cert.


16 W. C. 15-Aug-12St.Andrew

W. C. was fatally shotby the Police in analleged shoot out at hisresidence at #8Dandelion Terrace,Union Gardens,Kingston 13. A firearmwas alleged taken fromhim.

1. Field Notices servedon six concernedofficers and InitialInvestigator.2. Hands of concernedofficers swabbed.3. Copied Crime diaryentry and firearmentries, Hunts Bay PS.4. Recorded eye witnessstatement from M. C.,Spoke to neighboursand other residents inthe area who refused togive a writtenstatement.5. Received sixstatements from theconcerned officers.6. Attended PostMortem Examinationand recordedStatement.7. Received statementsfrom initial investigatorand D/Cons L. re chainof custody of firearms.8. Received statement& report from A. whoprocessed scene.9. Received Post

Outstanding:1. Ballistic Cert.2. Hand Swab Cert.


Mortem Report26/10/12: (1) Further

statement from D/Sgt.W. re: chain of custody.He is to state where andwhom the firearms werehanded to. (2) D/Cons.L. also to give furtherstatement to state whotook the firearms from.(3) Post Mortem - bulletrecovered from body.Ballistic outstandingpending match. (4)Identity of shooter: -Cons. G. did not seewhen Cons. T. fired, heonly heard explosions.Cons. G. did not fire hisweapon only cons. T.fired. 29/10/12: Appliedfor Ballistic certificate.29/10/12: contactedD/Sgt. W. Hunts BayCIB re: furtherstatement for chain ofcustody of weaponsinvolved for himselfand D/Cons.


17 P.G.September16, 2012

Kingston14

P.G. was fatally shotby a soldier (JDF)during a joint Policeand military patrol at#16 Chestnut Lane,Kingston 14. Gordonalleged pulled a firearmfrom his waist bandand pointed it at thepatrol team when hewas shot. The firearmwas allegedly takenfrom him.

1. Field Notices servedon three concerned JDFsoldiers and one policeofficer. Also, InitialInvestigator.2. Hands of concernedofficers swabbed.3. Copied Crime diaryentry at Denham TownPolice Station.4. Attended PostMortem Examinationand recordedStatement from T. G., asister of the deceased.She did not witness theincident.5. Prepared anddelivered firearmrecovery procedureletters to CIB, FLA &Ballistic Lab.6. Prepared anddelivered letter to JDFlegal Office restatements for soldiers.7. Spoke with residencein the area who refusedto give writtenstatement.

26/10/12: From CI W.;(1) All JDF soldiersstatements outstanding.(2) d/Sgt. Fraser furtherstatement re: chain ofcustody of firearms. (3)Cons. I. H. - furtherstatements, who firedoff suddenly, did theman fired at D/Cpl. S.and he did not seeD/Cpl. S. fired but heheard explosion.

Outstanding Documents:1. Concerned soldiers andofficers statements2. Initial investigator statement.3. Statement from A., Scene ofCrime.4. Post Mortem report.5. Ballistic Cert.6. Hand Swab Cert.


21/9/12: Prepared anddeliver letter to JDFlegal office, Re;Statements forconcerned soldiers.3/10/12: receivedstatements of Cons. H.,29/10/12: Applied forBallistic Cert. 29/10/12:Mr. l. C. contactedCaptain C., re:statements of thesoldiers and heindicated that they willbe delivered during thisweek. 31/10/12: Cons.H., made corrections tohis statement atDenham Town PoliceStation Registry.2/11/12 TelephoneD/Sgt. F., who statedthat his furtherstatement is ready buthis is presently inCourt.


18 S.L-W.2010,October 26

Kingston/St.Andrew

On 2010, October 26complainant said thatshe receivedinformation that herson was shot andkilled by the police.

i. Visited the scene.ii. Visited the policestation – recordedstatements.iii. Sent Notice.

Investigator to resendNotice to concernedpolice officers as noresponse wasreceived since 2010

Investigator to getpost mortem reports

To establish iffirearms were takento the ForensicLaboratory.

To get informationfrom Firearm &Ammunition Register

i. No eyewitness identified.ii. Responses outstanding.iii. Ballistic and ForensicCertificates outstanding.


19 D.M. 13/07/2010

Kingston/St.Andrew

Complainant saidthat she heardexplosions on theafternoon of13/07/2010 thenlearnt that her brotherwas killed by thepolice

i. Sent Noticeii. Contactedcomplainantregarding possibleeyewitnesses.iii. Recorded furtherstatement.

10-5-2012

iv. Some responsesreceived.

27-06-2012Copy BSI files stilloutstanding

25-04-2012

No eyewitness

Send Notices toconcerned officers.

Request BSI files.

i. Unable to locateeyewitnesses, if any.ii. Ballistic and ForensicCertificates outstanding.iii. Responses outstanding.


20 G.B. 12/3/2011St.Catherine

Complainant saidthat her brother wasshot and killed by thepolice on the12/03/11

Sent Notices.

27-06-2012Collected stationrecords and copy filesfrom BSI

25-04-2012

Investigator to getpolice statements.

To get post mortemreport.

To get stationrecords.

Establishwhereabouts of gunsused by police.

Unable toidentify anyeyewitness.

Response still outstanding.


21INDECOMobo M.C.

INDECOM receivedinformation that aman was fatally shotin the Central Villagearea

i. Attended policestation and recordedentries from RadioMessage book.ii. Received copystatement from sisterof the deceased.iii. Perused otherentries.

Investigator to getPost mortem reportand Firearm Register

Resend Notices toconcerned officer.

To followINDECOM’sprocedure dealing rerecovered firearm.

i. Noeyewitnesseslocated.ii. FIR to bedone.

Ballistic and ForensicsCertificates outstanding.


22

INDECOMobo L.C.

Kingston INDECOM receivedreport of a fatalshooting in the UnionGardens of Kingston11.

Called witnesses whogave contactnumbers, one refusedto co-operate and theothers, no contactmade with them.

10-5-2012

Contacted initialinvestigator whopromised to makecopy of his fileavailable.

Investigator to sendNotices to concernedofficer.

Get firearm records.

Ensure firearms weresent to Forensics Lab.

Apply for postmortem report.

Firearm LicensingAuthority proceduresto be followed.

Make extra effort toget witnesses.

Received theIncident SceneExaminer’sreport

Witnesses not co-operating.


23 INDECOMobo G.D. o/cCrime

31/01/2012Kingston

INDECOM receivedreport of the fatalShooting of G.D.along DumbartonAvenue Kingston 10in which it is allegedthat he engaged thepolice in a gun fight.

Recorded Stationrecords.

Attended PostMortem and recordedrelevant statements

Sent Notices

Post Mortem Reportreceived.

10-5-2012

Received PostMortem report

In dialogue withinitial investigator forcopy of the file.

Established thatweapons were indeedtaken to lab.

Investigator to seekresponse fromconcerned officer.

Enquire aboutweapons involved inshooting.

Apply for postmortem report

Make an effort toidentify witnesses.

Follow firearmrecovery procedures.


24

INDECOMobo C.P.(deceased),R. and A. E.and D.B.

13/11/2011Bull Bay,St.Andrew

Allegations are that abus was stolen andwhen spotted by thepolice, the driverrefused to stop,persons from the busengaged the police ina shootout duringwhich one man wasfatally shot and twoshot and injured.

Recorded entries fromthe various stations.

Visited the injuredwho refused to givestatement.

Applied for PostMortem

10-5-2012

Received PostMortem Report andone police statement.

27-06-2012Received someresponses.

25-04-2012

Concerned officers’statementsoutstanding

Post mortem reportoutstanding.

Establish whetherpolice weapons weretaken to the lab.

If firearms wererecovered,INDECOM’s firearmpolicy to beobserved.

Enquiries to be madeto establish whatsecurity companywas tracking the busand to identifysecurity guardspresent at time ofincident.

Firearm andAmmunitionRegisters to becopied.

Statement frombus driver rerobbery.

Statement fromsecurity officersand statementfrom initialinvestigator

Responses, Post Mortem andBallistics Reportsoutstanding.


Statement fromdriver of minibus thatwas allegedly robbed.

To apply for policefile in theinvestigation.

Apply to TSD for CDand report


25D.J. 25-03-2012

St.ThomasMorantBay

INDECOM receiveda report that a manwas shot and killedby the police inSeaside District, PortMorant, St. Thomas.

Copied Station records.

Received copiedstatements from theinvestigating officeralong with the proof ofexhibit being taken tothe lab.

Sent Notices.

10-5-2012

Firearm andAmmunition Registerreceived.

Proof that exhibits weretaken to lab.

Copied statementsreceived from the initialinvestigator.

Revisit the scene ofshooting but neighbourswere not present.

02.07.2012

Post Mortem still

25-04-2012

Investigator toestablish whetherfirearm used inshooting was taken tothe lab.

To obtain response ofconcerned officers.

INDECOM’s firearmpolicy to beobserved.

To apply for postmortem report.

To do furtherinterviews in area toidentify otherwitnesses.

Responses outstanding


outstanding

Recorded Firearm andAmmunition Register


26

R. H.(deceased)

R.A. (injured)

2/4/2012 Kingston

INDECOM receivedreport of a shootingincident alongDumbarton Avenue,Kingston 1

Recorded stationrecords.

Recorded statementfrom injured man.

Attended Post Mortemand recorded relevantstatement.

Sent Notices.

10-5-2012

Received responses.

02.07.2012

Post Mortem andMedical Certificateapplied for but stilloutstanding

Unable to identify othereyewitnesses

25-04-2012

Investigator to obtainstatement of concernedofficers.

To apply for MedicalCertificate of injuredperson.

To apply for postmortem report.

Investigator to establishwhether firearm used inshooting was taken tothe lab.

INDECOM’s firearmpolicy to be observed.

To do furtherinterviews in area toidentify otherwitnesses.

To apply forMedicalCertificate.

To apply for PostMortem Report


27INDECOMobo G.G.

23/07/11St.Catherine

INDECOM receivedinformation that aman was fatally shotby the police in thePoint Hill area on the23/07/11

i. Visited the scene,spoke to individuals.ii. Attended the PointHill and GuanaboaVale Police Stationsand recorded entries.iii. Notices sent.

Investigator to getpost mortem report.

Ascertain thewhereabouts offirearms used by theshooters.

i. Records outstanding fromPolice Control.ii. Particulars re stolen motorvehicle to be obtained.


28 J.C. 26-Sep-11St.Catherine

The police went topremises in McCooksPen, along the OldHarbour main road toapprehend a wantedman J.C. The man ranon seeing the policepulled a firearm andpointed it in thedirection of the police.He was shot and takento the Spanish TownHospital where he waspronounced dead. A.38 Smith and Wessonrevolver s/n #M1845899 wasrecoveredWitness who gavestatement said she wasstanding in front ofshop with the deceasedwhen the 3 policeofficers who weretravelling in anunmarked vehicle camealong.The deceased on seeingthe police went into theshop. The police wentin after him and

Statement collectedfrom complainant andwitness.Diary entries obtainedfrom Spanish TownPolice Station.Notice to Det. Cpl. J.B., Det. Cpl. D. H., Det.Cons. A. W., and Cons.D. L., Due date October24, 2011. Awaitingresponses.Notices being preparedfor Pathologist, FLA,CIB and Forensic lab.FLA, GFL and CIBrequest madePME report requestedReport from ChiefIncident Scene receivedStatements for TSDreceived.Notice prepared anddelivered for Q&A ofDet. Cons. A. W. onMay 10, 2012 @ 9:00amThe officer called to saythat he was makingarrangements with hisattorney.

Cammock to givereport

See DOC for I.D

Q and A with DeanHinds

Enquire with TSD as towhat they have on thiscase

Provisional FIR to bedone


immediately after sheheard an explosion.

A new date was set forMay 29, 2012 at 9:00amAt 9:20 ms A. G. theofficer’s attorney calledand asked for apostponement for2:00pm.In consultation withDOC M., a new datewas arranged for June20 2012 @ 4:00pmcorrespondent was sentin this regard to theLawyer.When the lawyer wascalled on June 20 toconfirm she said thatshe did not get thecorrespondent. Hencedid not makearrangement for thatdate.A new date was arrivedat for June 29, 2012 at10:00 amAt 9:00 am Ms G.,called to apologizesaying that she shouldhave called beforetoday to explain that her


client had a promotionalexam today and wasunable to make it.

29 D.D. 5-Aug-11St.Catherine

The Police acting oninformation went topremises located atThompson Pen,Spanish Town. Ontheir approach, oneman ran. The Policegave chase and the manpulled a firearm andshot at them. ThePolice returned the fireand the man identifiedas D.D. was shot. Hewas taken to theSpanish town Hospitalwhere he waspronounced dead. A9mm Browning Pistol

Visited crime sceneDiary entries obtainedSpanish Town PoliceStation. No registerentries for Firearms andAmmunition foundPreparing letter to SSPA. C., re: Registers forFirearms and AmmoAdditional diary entries

obtained Spanish TownPolice Station, alsoCrime Diary entryAttended Spanish TownHospital Morgue forPost Mortem. Spokewith K. B., (girlfriend)of the deceased

Keep trying withwitness and mother


s/n 245PN64059 wastaken from him

Notices to Sgt. S. M.,W/Cons F. W., Con LC., Con P. W., receivedLetter delivered forCIB, FLA, ForensicDept (Ballistic),Response of theconcerned officersreceivedPME report received.Responses receivedfrom FLA, CIB andForensic lab

30O. M. andA.M.

27-Jul-11St.Catherine

1. The policeresponded to a reportof shop breaking. Onseeing the police themen drew weapons andshot at the Police. ThePolice returned the fireand two men O. M. andA.M.was shot. Theywere taken to theLinstead Hospitalwhere they werepronounced dead. Oneimitation fire armseized along with aglock magazine and(13) 9mm rounds.

Visited crime sceneDiary entry, entries forFirearms andAmmunition obtainedEwarton Police StationNotices delivered forSgt P G., W/Con M. H.,D/Cpl. P. T.Ewarton Police Stationand Det. Cons. G. M.and W/Cons. A. L.Linstead Police Station.Due date November 3,2011Letter prepared forPathologistThe response of theconcerned officers


No witnesses receivedIncident Scene Reportreceived

31 D.O. 19-Sep-11St.Catherine

The police while onroutine patrol (PointHill) accosted two menalong the roadway.Both men pulledfirearms and fired atthe police. The policereturned fire and one ofthe men was hit. Theinjured man was takento the Spanish TownHospital where he waspronounced dead. Hewas identified as D.O.The other men escapedin nearby bushes. OneSmith and Wessonpistol s/n #A542738was recovered from thedeceased.

Statements collectedfrom witness and familymember.Notices to Det. Cpl. K.S., Cpl. T., Cons. K. B.and K. F., Delivered.Response received.Letters for ForensicLab, FLA and CIBprepared and deliveredLetter to Pathologistdelivered. ResponsereceivedNotice to InitialInvestigator and TSDprepared and delivered.

Ensure that theconcerned officers areproperly identified

Mr. C. is to try torecover the bullet fromthe vehicle


32 C.S. 20-Sep-11St.Catherine

The police went topremises in SpringVillage, Old Harbour,where on theirapproach to a barbershop, two men alightedand opened fire onthem. The policereturned the fire andone of the men was hit.He was taken to theSpanish Town Hospitalwhere he waspronounced dead. Hewas identified as C.S.A Beretta 9mm pistols/n # C305547Z wasrecovered from thescene.

Visited crime sceneComplainant andwitness statementcollectedDiary entries obtainedOld Harbour PoliceStation.Notices delivered toDet. Cpl. R. P., Cpl. H.T., Cpl. W. P., Cons. O.Y. and O. M.,Letters being preparedto CIB, Forensic lab,FLA and Pathologistand delivered.Responses outstanding.

See if Mr. C. can do are-construction. Get acopy of the diagramfrom K.,Contacted Det Sgt. M.Greater PortmorePolice Station. Heinformed that thestatements will beready by Friday July27, 2012.


33 R.S. 30/9/11 Kingston

R.S. was fatally shot byOfficers from theFlying Squad whenthey responded toreports that men werein the area carrying outrobberies. Theyclaimed that 4 menwhom they accostedopened fire at them onewas fatally shot anotherwere held and twoescaped. A S/W .38revolver was recoveredSR. # 71138C3

The police version wasnot challenged as theman held in custodyrefused to give astatement without hislawyer.Concerned Officers:Det. Cons. K. B. firedin direction of men.Spl. Cpl. P. did notdischarge his firearm.

Diary entries copied.

All notices prepared tobe dispatched. Officersat Flying Squad.refused to take Noticeon Sup F. order.The notices weredelivered to FlyingSquad.The man who was heldwas released fromcustody and effortsmade to locate himhave failed as his housewas visited and wewere told he is nolonger residing there.No one could give ushis telephone or newaddress.Attend Post Mortem.Report applied forEffort made to obtainthe entry of the Firearmregister on July 2 & 7failed as the registerwas reportedly lockedin the DetectiveSuperintendent F. officeDet. Insp. M. and D/Cpl


B. were spoken to at thetime of visit.Concerned officer’sstatements received.


34 O. C. 12/2/2010 Kingston

O. C. was fatally shotby police officers fromthe Hunts Bay PoliceStation who were onoperation in theMaxfield Ave. area. Itwas alleged that he waskilled during a shootoutwith the police, a Smithand Wesson .357revolver with serial #AAJ5565 loaded with.357 cartridges, 1 live.38 cartridge sand three.38 casings wererecovered.The statement of oneeyewitness, a 16 yearsold, male who was withthe decease at the timesaid that he followedO. to his bar on AshleyRoad, Kgn 13 to getmoney. He waschecking the moneywhen he heard avehicle; he stoppedlooked around and sawa white jeep. O. was atthe door with bothhands in the air. As the

(i) Statements ofeyewitness andcomplainant recorded(ii) Visited Scene ofshooting, the premiseswas closed.(iii) Diary entry copiedfrom the Hunts BayStation Diary(iv) PPCA letter sent toofficers involved.(v) Sect 21 Notice sent

to all the officersinvolved. One of theofficers failed torespond.(vii) Requestsstatements from Sceneof Crime PersonnelRequest copy file fromBSICalled GFL reports are

not completedCalled complainantseveral times and seekher help in locatingother witnesses. Shesaid that she did notwant to get furtherinvolved as she is afraidthe police will come

To locate eye witnessesTo collect copy filefrom BSISend TSD a Notice

30-04-2012Eyewitness not located.Reserve Notice to TSD

Awaiting the response of theScene of Crime Personnel

Awaiting the response of otherofficers

Awaiting GFL reports

Awaiting BSI copy file


door of the vehicleopened he heardseveral shots and sawO. stretching at him tohold onto him. He ranthrough a back doorand left.

and shoot her as well.Got BSI FILE

Re-sent noticesVisited police stationand copied relevantentriesINDECOM Firearmprocedure followedBSI Copy file obtainedwith the following:Statement of the personwho I. d. the body at thePost mortemThe initialInvestigator’s statementstates that the weaponswere handed over toBSI personnel to betaken to the lab.Post Mortem ReportobtainedObtained Copy ofstatement from theperson who I. D. thebody at Post MortemexaminationObtained Copy ofstatement of the InitialInvestigator.Cannot obtain FirearmRecords Sent Notice to


SSP H. for assistant


35 M.S. 29/4/10St.Catherine

Fatal Shooting of M.S.by Cons. L. B. & Cons.D. W., of MobileReserve at Old HarbourRoad, Spanish Town,St. Catherine on April22, 2010. The team ofpolice officers thatwere being led by DSPT., of Mobile Reservewere in search ofwanted men. Theywent to Morgan Lane,32A Old HarbourRoad, Spanish Town,St. Catherine the homeof the deceased. Theofficers allege that heran from the rear doorof his house wearingunderpants. Hepointed a shine handgun at Cons. D. W. andCons. L. B., who wereat the back of thehouse. Cons. W., fired3 rounds from his M16rifle in the man’sdirection. Thedeceased fell to theground clutching the

(i) Statements ofeyewitnesses recorded(ii) Visited Scene ofshooting and take notes(iii) Diary entry copiedfrom the Joint TaskForce at MobileReserve and SpanishTown Police Station(iv) PPCA letter sent toofficers involved.(v) Copy statements of2 officers received fromBSI(vi) Sect 21 Notice sentto DSP T. and the othertwo officers involved.However, no responsereceived(vii) Requestsstatements from Sceneof Crime PersonnelPost Mortem Reportobtained. Was shot 3times 1. Front of chestnear midline2. Shot to right side ofabdomen3. a gunshot woundentrance present at rightback near midline

(i)To obtain BallisticsCertificate(ii) To obtain

statement of personwho identified the bodyat Post Mortemexamination.Awaits copy file fromBSITo call GFL reports forreportsTo get copy file fromBSITo get Request InitialInvestigator , D/Sgt.M., statementTo get statement fromofficer who issuedfirearms at MobileReserveNotice Insp. T., tocome in and answerquestions (no Mondaysor Tuesdays)30-04-2012INDECOM has notreceived initialinvestigator’s statementStatement receivedfrom Insp T.

(i)Ballistics Certificate

(ii) Statement of person whoidentified the body at PostMortem examination.

Copy file from BSI

Initial Investigator , D/Sgt. M.,statement

Statement from officer whoissued firearms at MobileReserve


firearm that was takenfrom him.However, eyewitnessesrefuted the policeaccount stating that M.,was called from hishouse. While he wasopening a side doorone of the officers gavehim a white envelope.The officer who wasstanding in front of M.pointed a black gun inhis chest and shot him.

Called GFL reports notyet readyRequest copy file fromBSIrequest InitialInvestigator , D/Sgt. M.,statementThe witnesses werecontacted on severaloccasions to givefurther statements. Theydeclined stating thatthey have no furtherinterest because M. isalready dead.The statements of theconcerned officers toinclude DSP T.receivedBSI Copy file obtainedwith the following1. Statement of theperson who I. d. thebody at the Postmortem2. The initialInvestigator’sstatement.To resend Notice to theInitial Investigator forhim to state who took


the weapons to the labNotices resend toconcerned officers,initial investigator andTSD


36 D. B. 4/11/2010St.Catherine

D. B. was unlawfullydetained and assaultedby the police thenreleased. When hislawyer filed an actionagainst the state he wasallegedly fatally shotby the police.

BSI has no record ofthis incident.

No known witness

Copy diary entry thatstates that B. wasdetained at the SpanishTown Police station on1/4/10 and on 26/4/10was releasedCopy diary entry thatstates that B. wasdetained as reasonablesuspect in a case ofshooting along RedHills Road. Copiedfrom the Constantspring Police stationdiaryThe dates of detentionand released not noted.Entry also copied fromThe charge andPrisoners Property bookthat gave the date ofarrest as 1/1/10 went toGun Ct. on 8/2/10Checked the CrimeDiary and Station Diaryat the Spanish TownPolice station for recordof fatal shooting of D.B., none found.Called Attorney A. H.,H. and she gave B.

Notices to be sent tothe officers involved inthe incident also TSDand Initial Investigator.To request copy of PostMortem report from theLegal Medical UnitTo request copy filefrom BSI30-04-2012Notices were sent butstatements notreceived. Notices are tobe reissued.Request police file rerobberies tosubstantiate robberyaccusation.


mother particulars.Met with mother ofdeceased and recordedher statement. She hadid the body at the postmortem.Checked the StationDiary at the Bog WalkPolice station for recordof fatal shooting of D.B. none found.Checked the CrimeDiary and Station Diaryat the Linstead Policestation for record offatal shooting of D. B.none found.Checked the StationDiary at the EwartonPolice station for recordof fatal shooting of D.B. The Station Diaryindicated that anunidentified male wasfatally shot during ashootout with thepolice. Furtherinvestigation revealedthat the victim is D. B.;Notices sent toconcerned officers,


initial investigator andTSDOn 4/6/12 Noticesresent to concernedofficers, initialinvestigator and TSDCheck with SpanishTown Police Station forreturns but they cannotbe located.


37 O. W. /5/11 St. Ann

It is alleged that O.W.was fatally shot byConstable H. during afight in front of theAlexandra PoliceStation. It is allegedthat Cons. H., receivedstab wounds to hishead during the attack.

Diary entry copied fromthe Alexandra PoliceStationThe camera that wasused to record theincident was received.The statement of thewitnesses who recordthe incident was taken.An additional statementwas also obtained withregards to the chain ofcustody of the cameraThe witness was givena replacement camera.Efforts made to havethe camera and itscontents checked forauthenticity failed as noone capable wasidentified.Several attempts madeto obtain the statementof the witness whoreceived the camerafrom the recordingwitness failedApplied for PostMortem reportSection 21 Noticesdelivered to the St.

Awaits Statements ofconcerned officersLet H. come in for asection 21 interview. Ifhe doesn’t, make a noteof it and send the file tolegal.Write to O. S.-S. andlet him be aware thatthey do have protectionunder the law; but theymust attend and musttake the oath beforeinvoking that right.Prepare a Q n A (noMondays or Tuesdays)Serve Notice on TSD

30-04-2012(1) Lawyer advice thatstatement won’t bedone, however,uncertified statementsare on BSI file.(2) No instructionswere sent out forpoliceman to come forinterview, hence filefor legal departmentwas not done.(3) Letter was sent to

Awaiting Post Mortem Report

Officers along with their legalrepresentative visited the officeand requested more time tosubmit their response

To record additional statementfrom witness

The initial Investigator wascontacted he said that he had hisstatement to be submitted

D/Cons M. of the St. AnnsTech. Serv. Div. said that hesubmitted his statement to BSI


Anns Bay PoliceStationConcerned officers andtheir lawyer visitedINDECOM on theresponse date August 4,2011 and ask for moretime to submit theirstatements.Concerned officers andtheir lawyer O. S. againvisited INDECOM andstated that they did notintend to submitstatements in thematter. They were asksto submit a statement tothe effect.Letter dated August 15,2011 was received on2/9/11 stating that nostatement would besubmitted in this matter.Letter sent to Counselto advise him that hisclients do haveprotection under thelaw; but they mustattend and must take theoath before invokingthat right.

Mr. S., no responsereceived.???(4) Investigator is toascertain if policeweapons were taken tothe lab for Ballisticexamination.


No response from lettersentNotice was again sentto TSD.Statement from initialinvestigator obtainedThe weapon used werehanded over to D/Sgt K.N., the Act Div InspHe is to be sent aNotice to give custodystatementBSI copy file obtained:TSD report attachedFirearm and ammoregisterConcerned officersstatementCopies of Med CertPost Mortem Report


38D. R. and D.F.


D.R. and D. F. wereFatally Shot by policeofficers in theSavannah Wakefieldarea of Linstead onOctober 8, 2011. Thepolice said thatinformation wasreceived thatsuspicious men weretravelling in a car in theWakefield area. Thepolice went toSavannah main roadwhere they stopped acar with 4 men onboard. Whileprocessing the menanother car came alongand they stopped it.Four men alighted fromthe car and opened fireat them, they returnedthe fire and two of themen were hit. Theywere pronounced deadat the LinsteadHospital. Two Glockpistols were recovered.

The police version was

Entry from the crimediary was copied fromthe Linstead policestation.Statements of witnessesrecordedAll notices sent.

Attended Post MortemExaminationApplied for PostMortem reportStatements of thepersons who I D thebodies were recordedObtained Post MortemReport for D. R., D. F.FIR is being Prepared

30-04-2012Investigator is to getPost Mortem Reportand prepare FIR.

Awaiting response

Awaiting post mortem

Awaiting forensic certificates


substantiated by 3 ofthe four men who gavestatements to the effect.


39J. N. and D.T.


1. On 6/11/11 J. N. andD. T. were fatally shotby a police personnelfrom the OperationalSupport Team (OST)Police reported thattwo (2) teams, Team 1and Team 6 (Cpl S. S.and three otherofficers) responded toinformation frompolice control thatgunmen were in theOld Braeton Reids Penarea firing gun shots atcitizens in the area.Team 1 led by Sgt. R.M., other officers areCons. D. W., Cons. D.D., and Cons M. B.,that went to DigicelLane. A group of 8men were seen about50 feet away movingtowards the officers.The men who werearmed with rifles andhandguns fired at thepolice. The policereturned the fire andpursued the men to

Diary entries copied toinclude Station Firearmand ammo.Notices sent out to allthe officers.Response received from3 including the InitialInvestigator.Post Mortems heldstatement of personwho I.D. the body of L.N. received.Applied for PostMortem report/2012 Efforts made toobtain the Post MortemReport failed as the filecould not be located atLMU

30-04-2012Statement of personidentifying the body ofD. T.,Post Mortem of D.T.,still outstanding.There is no eyewitnessto this shooting. Assoon as the postmortem report and thestatements of theperson identifying thebody, FIR is to bewritten.


Sweetie man Lanewhere the two menwere found sufferingfrom gunshot wounds.Two guns wererecovered.

The citizens whodemonstrated refutedthe police accountclaiming that the policewho were in maskswent into the lane andshot the 2 youth whowere unarmed.


40 N.F.St.Catherine

1. On 18/11/2011 N. F.was fatally shot bypolice personnel fromthe Caymanas SpecialOperational Team.Special Cpl. G. E.Detective Sgt. D. B.,and Cons. E. M.,2. The police reportedthat the deceasedstaged a robbery thenabducted a female,forced her into thefront passenger’s seatand drove away withher. The officers werealerted and followedthe car into Westmeadewhere a shootoutensued and thedeceased was shot.The chase ended whenthe car crashed into aparked vehicle and awall. The female wasunharmed

Station Diary entriesobtained from thePassage Fort and theGregory Park PoliceStations.Notices sent to theconcerned officersResponse received fromall the officersincluding the InitialinvestigatorAttend post mortemexamination held. Thebody was not identifiedby anyone for thedeceased as they failedto cooperate.A statement wasrecorded from the sisterof the deceased to theeffect.Obtained TSD reportand photo.Post MortemExamination Reportreceived on 28/6/12Re – apply to GFL andFLA for firearm traceno response

30-04-2012Copy of FirearmRegister to be obtained.Post Mortem Report tobe obtained.Investigator is toascertain if therecovered weapon wastaken to the ForensicLab and INDECOM’sFirearms Policyfulfilled.


41 J.B. 5/1/2012 Kingston

1. J. B. was fatally shoton 5/1/12 at about 5:30am by Cpl. K.F., and8791 Cpl. C. L., whoare attached to the Area4 Special OperationalTeam. Both officerswent to his homewhere the door waskicked off. Theofficers claimed thatthe deceased greetedthem with gunfirewhen they entered hishouse. They returnedthe fire and he wasshot. A firearm withthe serial # erased wasallegedly recovered

The incident sparked ademonstration in theNorth street areahowever no knowneyewitness wasidentified.

On the spot Noticesserved on the concernedofficers and the initialinvestigatorStation Diary entryobtainedMay 8, 2012 Notice re-served on concernedofficer and the Initialinvestigator forstatement30/3/12 applied for Postmortem report8/5/2012 Efforts madeto obtain the statementof the mother of thedeceased who I. D. thebody failed. She wasnot at her homeThe statement of theconcerned officers andthe initial investigatorobtainedEffort made to obtainthe Firearm Entryregister on June 5 andJuly 2 failed as theregister was reportedlylocked in the DSPOperations officeThe Legal Medical Unit

30-04-2012Notice to be re-servedon concerned officerfor statement to beproduced.Entries from the FireArm registers to beobtained.Investigator is toascertain whether thepolice weapons weretaken to for ForensicLab for examination.Statement of personidentifying body ofdeceased is to beobtained.Statement of initialinvestigator to beobtained.Post mortem report tobe obtained.Senior Investigator is toensure that theinvestigationcommenced.


was checked on July 6,2012 however was stillnot ready.No response from GFLand FLA


42 A. L. 10/1/2012 Kingston

F/ S of A. L. Policesaid that they spottedtwo men walking alonga gully bank towardsthe Markland MainRoad when both menpulled firearms. Theman at the back openedfire at them andretraced his footstepsthe police returned thefire and the man in thefront who did not firewas shot. E waspronounced dead whileundergoing treatmentat the UWI. A .38pistol with the serial #erased was allegedlyrecovered.However witnessesclaimed that thedeceased was walkingalong Fredrick Avepealing an orangewhen he was shot bythe police

Scene was visited byINDECOMInvestigators whocommencedinvestigation.ISE personnel

processed the scene.Notice served on theconcerned officersFirearm and ammodiary entries copiedStation Diary entrycopiedStatements collectedfrom persons whovisited INDECOM.These persons did notwitness the incident.They howeverdescribed the officerswho they saw at thescene.The initial Investigatorcalled to say that he wasin possession of thestatements and wouldtake them toINDECOM on 30/1/12.However to date theyhave not been receiveddespite message left on

ID parade to beconducted immediately

Continue efforts to geteye witness statements30-04-2012ID Parade has not beenheld as there is noeyewitness to theincident.

Exhibits taken to the lab includethe weapon found and that ofthe concerned officers on13/1/12Awaits concerned officer’sstatement.Post Mortem Exam to be heldThe Firearm recovered to betaken to the TSD Duke Streeton Monday 16/1/2012 to befumigated for fingerprintCollect outstanding statementsfor concerned officers- (Jan.27th)


the officers voice mailreminding him tosubmit sameNB The witness who isa senior citizen hadearlier claimed that shewitnessed the incident.However, when she wasinterviewed on January27, 2012. She said thatshe did not witnesswhen the shootingoccurred. She saw theVictim walking alongthe road and a policevehicle that was passingstopped and accostedthe Victim. She isunable to describe theofficers in the car.The alleged witness didnot know her age orwhen she was born.Two other statementswere collected; none ofthese witnesses sawwhen the shootingoccurred. They heardthe explosion and wentto investigate.


Applied for PostMortem Report.Response received fromconcerned officers andthe Initial Investigatorwho took the firearmsto the lab.Statement of the Personwho I. D. the body atthe Post Mortemrecorded.Incident Scene reportreceivedPost Mortem exam repreceivedThe initial Investigatorstatement received aswell as the concernedofficers


43 E.W. 18/1/12 Kingston 7. E.W. was fatallyshot on 18/1/12 atabout 5:20 pm byCons. F. and DSP M.when they went to hishome at 12 Park Lane,Red Hills. It is allegedthat while the officerswere conducting asearch inside the housethe deceased fired atthem from inside abathroom. The firewas returned and hewas shot. The policesaid that he was wantedon a double fatalshooting case in St.Andrew that occurredin December 2011 afirearm with the serial# erased was allegedlyrecovered

No known eyewitnesswas identified.

Station Diary entryobtained.Notices served on theconcerned officersAttend post mortemexamination. Statementwas recorded from theperson who identifiedthe body.Statement frompersonnel (other thatINDECOM ISE) whoprocessed scene andrelevant pictures;30/3/12 applied for Postmortem reportThe Legal Medical Unitwas checked on July 6,2012 however P/Mreport was still notreadyReceived Hand SwabCertificateFirearm Register entrynot obtained. Registercannot be located atC/Spring Police StationLetter sent toSuperintendent forassistant in obtainingentries.

30-04-2012Investigator is toascertain if the weaponrecovered from thedeceased person wastaken to the forensiclab for examination.Establish if theINDECOM firearmspolicy wascountenanced.Post mortem report isto be obtained.Entry of FirearmsRegister is to beobtained.


Obtained Post MortemReport


44 N. M. 24/1/12 Kingston

On 24/1/12 N. M. wasfatally shot by Cons.K. T., 13128 Cons. D J,and Cpl. T. B. of theHunts bay PoliceStation on.The police claimed

that whilst on patrolalong Spanish TownRoad the deceased wasspotted standing at theintersection of SpanishTown road and KiddLane. On seeing theofficers he ran ontoKidd Lane, the officersgave chase and he ranbehind a buildingwhere he was shot afirearm with the Serial# erased was allegedlyrecovered.

No known eyewitnesswas identified.

Notice sent forStatements from policeofficers;Response received fromall the officersincluding the initialinvestigatorReceived Post MortemExamination ReportEffort made to obtainthe Firearm Entryregister on June 5 and 8and on July 2 failed asthe register wasreportedly locked in SgtG., officer who is ontraining until the middleof July 12.Statement of the personwho I/ D. the body atP/M

30-04-2012Post mortem report tobe obtained.Investigator is to getcopies of the firearmregister.


45 H.H. 3/2/2012 Kingston

H. H. was fatally shoton 3/2/12 at about6:15a.m when a teamof police officers fromthe Denham TownPolice Station whenthey went in search ofhim at his house. Cpl.G. B. and Cpl. C. L.claimed that on theirapproach at theentrance to his househe opened fired atthem. The fire wasreturned and he wasshot. A .45 Pistol withthe serial # erased wasrecovered.

However, his commonlaw wife who was withhim at the time statedthat she was in bedwith H. when she hearda commotion. She toldH. and he told her thatit was the police. Sheopened the door to herhouse on the commandof the police. Theyentered her house and

On the spot Section 21Notices were served onthe initial investigatorand the officersinvolved in the incident.Station Diary entryobtained.Attend post mortemexamination. Statementwas recorded from theperson who identifiedthe body30/3/12 applied for Postmortem reportInitial investigator’sstatement not obtainedhe said he left it withMr. O. W. and obtaineda statement. Could notrecall when.He promised to furnishanother statementApplied for and attendLegal Medical Unit forPost Mortem report notready

30-04-2012Post Mortem report tobe received from LegalMedical Unit.Ballistic Reportoutstanding.Initial investigator’sstatement to beobtained.


held a kerchief over hernostrils; the scent fromit caused her to becomeunconscious. Whenshe regainedconsciousness a shortwhile after and askedfor H. the officers toldher that he was ok. Shewas escorted to theDenham Town PoliceStation where shesubsequently learntthat he was fatally shotby the police.


46 R. H. 9/2/2012 Kingston R. H. who was wanted(member of the ClansMan Gang thatoperates in the SpanishTown area) was fatallyshot by a team ofofficers Sgt. K. W.,Det. Cons. L. W., Det.Cons. A. Denton, Det.Cpl. G. M., fromFlying Squad who hadgone in search of himat Benson Ave, CherryGardens, Kingston on9/2/12 at about4:30a.m.

The officers claimedthat on their approachinto his living roomhouse the decedentfired at them and ranpast them with thefirearm in his hand. Hewas shot during theescape and jumpedthrough a window. Hefell on the ground triedto escape when he wasagain shot by theofficers who were on

Witness statementobtainedStation Diary entryobtained.Notices served on theconcerned officersAttend post mortemexamination howeverwas not held as no onewas there to I. D. thebody.Located relative of thedeceased to I.D. body atpost mortemTo Attend post mortemexamination as soon asa new date is arranged.Obtained Station Diaryentry;Statement of the personwho identified the bodyobtained30/3/12 applied for Postmortem reportEffort made to obtainthe Firearm Entryregister on and July 2 &7 failed as the registerwas reportedly lockedin the DetectiveSuperintendent F.,


the ground. A firearmwith the serial # erasedwas recovered.

His common law wifewho was with him atthe time gave astatement that thepolice entered thehouse and shot him.He ran past she and thepolice and she is notaware of whattranspired after.

She along with hermother was fatally shottwo days later at theirMarch Pen residenceby unknown gunmen.

officeDet. Insp. M. and D/CplB., were spoken to.Attended Legal MedUnit and Obtained Postmortem reportNotices were againserved on the concernedofficers by Insp B., ofBSI.


47 S. J. 4/4/2012 Kingston S. J. was fatally shotwhen he allegedlypulled a firearm fromhis waistband. Theofficer took evasiveaction and fired 4gunshots at the nowdeceased who was hit.He ran and the firearmwith Serial # erased fellfrom him and wasrecovered.

On the spot Noticesserved on the concernedofficersDiary entry copiedFirearms were taken tothe lab by the initialinvestigator.Attended Post MortemexaminationThe response of theinitial investigatorobtainedObtained Concernedofficers’ statementsStatement from personidentifying the bodyobtainedAttended Legal MedUnit Post mortem reportnot ready.

30-04-2012Concerned officers’statements are to betaken on the 01-05-2012.Post Mortem report tobe obtained.Statement from personidentifying the body ofthe deceased to beobtained.To obtain FirearmRegister entry.To ascertain ifINDECOM firearmspolicy was followed.


48 F.E. 27/10/2010 Kingston F.E. was fatally shot on27/10/2010 at about12:15 a.m .alongNelson Road, Kingston13 by a team of policeofficers from the HuntsBay Police StationAccording to the police# 4590 Cpl W. M. and# 12819 Cons. F. R.,the deceased was seenwalking along the saidroad when he wasaccosted by the police.He attempted to pull agun from his trouserswaist. The policereacted and he wasfatally shot. He wassearched and a loadedBeretta pistol with theserial number erasedwas recovered.

1. Diary Entry obtained2. Notices sent out fromMarch 24 20113.Wittness Statementreceived4.Notice reserved onInitial Investigator5.TSD Statementreceived6.Postmorten IDStatement collected

1. Diary Entry obtained2. Notices sent outfrom March 24 20113.Wittness Statementreceived4.Notice reserved onInitial Investigator5.TSD Statementreceived6.Postmorten IDStatement collected


49 N.W. 29/6/11 StCatherine

N. W. was fatally shotby the police in OldBraeton, Portmore onMay 21, 2011 at about4:50am

1. Notices sent out toconcerned officers3. Copies of policestatements receivedfrom BSI File, DSP G.,of Old Harbourassisting with PoliceStatements

Investigator to make anote of record keepingissues and forwardsame to Lt. Cl. D.,

1.Awaiting response fromconcerned officers2.Satement from Person who IDbody at Postmortem

50 S. B. 6/8/2011St.Catherine

S. B. was fatally shotby the police onAugust 5, 2011 atabout 5pm at 31 St.John’s Road at healong with other menreportedly fired at thepolice.

1.Witness statementrecorded2.diary entries copied

Firearm registeroutstanding

1.Ballastic Certificate

51 D. B. 22/12/11StCatherine

D. B. was shot andkilled by police fromthe Linstead stationafter he allegedlypointed a gun at thepolice when he wasaccosted in the Cheesefield area for robberieshe and another manallegedly committed inLinstead

1. Station Diary EntryCollected2. Notices served,statements received3. Post mortem Reportreceived4.Postmortem IDStatement collected5.Police Statementreceived

1.Ballastic Certificate2.Statement from one of twoconcerned officers outstanding


52 S. L. 3/6/2011 Kingston

Fatal Shooting of S. L.of 57 Waltham ParkRoad by the police. OnFriday June 3, 2011 atabout 8.10 pm he wasfatally shot when ateam of police officerswho were on patrolaccosted him and 2other men along theWaltham Park road.The police alleged thatthe group of openedfire at the police. Thepolice returned the fireand the deceased washit. A .380 Pistol #236247 with Imagazine wasrecovered.Witness K. L.On Friday June 3 2011at about 8:00 pm hisuncle D., called him onhis cell phone to saythat he was buyingchicken for thedeceased. He then lefthis house to meet hisuncle at 75 WalthamPark Rd. on his arrival


he saw his brother whois the deceased andanother person. Theywere aided with lightfrom a utility pole.Heavily tinted NissanWagon turned on thelane where they werestanding. He saw ablack gun pointing atthem from this vehicle,followed by 2 flashesof light from the saidgun then 2 explosions.All 4 of them who werestanding at the lane ranoff. He later learntthat S. was dead


53G. D. and H.D.

4/6/2012

G. D. and H. D. wereshot and Killed bypolice on June 4, 2012off the Peters RockMain Road inNorbrook St Andrew.The police reportedthat both men whowere travelling in amotorcycle disobeyed asignal by the police tostop at a Vehicle CheckPoint along the PetersRock Main road. Themen reportedly shot atthe police and thepolice returned firekilling them both.

1. Station Diary Entrycollected.2.Notices were servedon the offers concerned3.Firearm and Ammoentries collected4.Wittness Statementcollected5.Postmortem reportapplication made

1.Ballastic Certificate


54 R. H. 15/06/12 Kingston

Allegations are that R.H. who was who was apassenger on a minibustravelling fromPortmore to DownTown Kingstonbrandished a firearmand attempted to rob amale passenger whoturned out to be aPolice Constable. Theconstable who was inpossession of hisservice pistol got into astruggle in which bothmen were shot. Theunidentified was killedand the SpecialConstable J. B. wasshot several times andadmitted in a seriouscondition at the KPH.A firearm wasreportedly recoveredfrom the deceased.

1.Station diary entrycollected2.notice sent to OfficersStation3.Eye witnessesIdentified andarrangements made tocollect statements4.Medical certificateapplied for5.TSD report requested6.Postmortem reportrequested

1.Ballastic Report outstanding2.Postmortem Reportoutstanding3.Statement from concernedofficer outstanding (Officerrecovering from injuries hereceived in incident)


55 K. W. andN.T

13/10/12 St Andrew K. W. and N. T. wereshot and killed in analleged shoot out withthe police at Lane Passin the Golden Springarea on October 13,2012.

1. Station Diary entrycollected2.firearm entry for oneof the concernedofficers collected3.Statements formconcerned officerscollected4.Forensic SceneReport collected5. Firearm RecoveryProcedure done6.Post MortemStatement collected

56 E. A.C. 24/11/12 St Andrew E.A.C was shot andkilled by member of apolice party which wasconducting routinepatrol in the Red HillsRoad area onNovember 24, 2012.The police reportedthat C. held onto one ofthe police officers frombehind and placed agun to the officer’shead as he providedcover for othermembers of his team,

1.Station Diary and allother police entriescollected2.Police StatementsCollected3.Post MortemStatement collected4.Postmortem Certapplied for5.Forensic SceneReport received

Provisional FIR to bedone


as they attempted tosearch two men.


57 F.B. 21/07/12 Kingston F. B. was shot andkilled by the police inwhat the police allegedto have been a shootoutwith the decedent. Theincident reportedlyoccurred after a motorcar in which thedeceased was travellingin was pursued by thepolice and the carcrashed into a utilitypole. The occupants ofthe car allegedly firedat the police and firewas returned killing B.A large quantity ofganja was found in thecar.

1. Station Diary Entryand other police entriescollected2.Statements fromconcerned officers andInitial Investigatorcollected3.Post MortemCertificate received4.Forensic SceneReport received5. Statement frombrother of the deceasedcollected to confirmpossession of large sumof money being carriedby the deceased at thetime of his death

Prospective witness isbeing sought as thereare allegations ofpossible corruptiveactivities by the policeinvolved in theincident.


58 C.D. 18-Jul-11 Kingston

The police respondedto a report of robberyof a passenger bus.While acting on theinformation given theycame upon three menfitting the descriptionof the alleged robberschanging clothes at theentrance of theTorrington ParkHousing Scheme. Onseeing the police themen drew weapons andshot at the Police. ThePolice returned the fireand one man C. D. wasshot. He was taken tothe Kingston PublicHospital where he waspronounced dead. A.38 Colt PTFA revolverwas taken from him.

Visited crime sceneDiary entry copiedDarling Street PoliceDiary entry copiedDenham Town PoliceStation Crime DiaryentryAttended Spanish TownHospital Morgue forPost Mortem. Spokewith R. D., (father) ofthe deceasedNotices to S/Cons D.L., S/Cons S. S., S/Cpl.R. M., Det. Sgt. F., Det.Cpl. C. W., and Cons.B., (Scenes of Crime) .Responses received.Notices to CIB, FLA,Forensics andPathologist delivered.Awaiting responsePME report receivedResponse from FLA,CIB and Forensic LabreceivedResponse received fromInitial Investigator andofficer who transportedexhibit.


59 K.B. 18/11/11St.Catherine

2. K. B. was fatallyshot on 18/11/11 by ateam of police officersfrom the Hunts BayPolice Station that wasbeing led by DSP H.along Olympic Way. Itis alleged that a groupof men were accostedby the police whichresulted in an ensuingshoot out the deceasedwas found sufferingfrom multiple gunshotwounds to his body a.380 pistol bearing S/ND80157U wasrecovered. The policeversion was notchallenged.

R.B. sister of K. statesthat she was sittingunder a tree Williamsat White Wing ThreeMiles area with herbrother K. B. and hisgirlfriend C. when K.said that he was goingto get some water inthe house. She saw a

Witness statementcollected from R. B.,Hunts Bay CIB Crimediary entries collectedIncident scene reportobtained from ISUNotice to Supt. L. H.,prepared and delivered.Response receivedNotice to concernofficer Constable M. B.,prepared and deliveredLetter prepared anddelivered to GFL, FLAand Pathologist Unit

1.Collect statement ofC. W. who was alsopresent1a.Telephone theofficers involved andthe Initial Investigatorto submit statement;2.Follow firearmrecovery procedure bywriting to FLA, GFLand ACP E. P. i/c CIB3. Obtain Entries fromFirearm andAmmunition Registersfor all the officersinvolved4.Statement frompersons whotransmitted exhibitsfrom scene to Forensiclab; Follow chain ofcustody for recoveredfirearm and that ofpolice personnel5.Forensic (Hand-swab) Certificate forthe deceased and policeofficers on the scene;6.Ballistics Certificate7.Apply for postmortem report


group of police about30 running towardsher. She identified oneof the officers asBobby Red who said toher bitch get up nomeck no noise. Shedescribed B., Reds. Apolice woman whomshe described used agun to shoot K. in hisfoot. She was told togo outside the fenceand B., Reds wentinside after which sheheard severalexplosions.


60 R. S. 16-Jun-12 Kingston

The police alleged thatthey responded to caseof robbery in theDowntown Kingstonarea. A man was scenebeing chased by agroup of people andclutching a handbag.The police intervenedat which time the manran into premises # 75Matthews Lane,Kingston where he wasobserved changing hisclothes. He wasaccosted by the policewhen he pointed afirearm in theirdirection. The policeopened fire and theman was hit. He wastaken to the KingstonPublic Hospital wherehe was pronounceddead. Firearmhomemade.

Notice issued toconcern officerStation diary entriesobtainedPost Mortem Attendedand applied for


61 D.H. 4-Aug-12St.Thomas

The police alleged thatmembers of the MorantBay OST receivedinformation while onpatrol and proceeded topremises in the SummitDistrict of Morant Bay,St. Thomas. Onreaching the premises aman ran from the houseand was ordered to stopby the police. The manjumped a fence and thepolice gave chase.During the chase theman pulled a blackhandgun from his waistband and pointed it atthe police who orderedhim to drop his weaponwhile taking evasiveaction. The police firedin the man’s direction.The man receivedinjuries and was takento the PrincessMargaret Hospitalwhere he died whileundergoing treatment.

A Glock pistol SN


BGM 655 loaded withseven (7) 9 mmcartridges wasrecovered from thedeceased. Nine (9) 9mm cartridges werealso found in his leftback pocket. He waslater identified as


62 D. B.September3,2012

Kingston

The police alleged thata team comprisingpersonnel from theFlying Squad Unit, St.Catherine SouthDivision and the Delta4 Operations team,acting on informationwent to premises # 35East Avenue,Greenwich Avenue,Kingston 13, in searchof a man wanted forquestioning in relationto a triple homicide inthe St. Catherine SouthDivision.The team entered thepremises and into adwelling house andconfronted the accusedwho was armed with a.38 revolver. A shootout ensued duringwhich Constable D. T.c/o St. Catherine Southdischarged four roundsfrom his service pistol.The injured man wastaken to the KingstonPublic Hospital where


he was pronounceddead.

63 R. G. 23/06/2012 St.Andrew

R. G. reports receivedfrom the police are thatfour (4) men went to ahouse at Temple HallDistrict and tied up androbbed the owner of alaptop, caps and othervaluables. The policewere called and duringan exchange of gunfire(one) man who waslater identified as thirtyyear old, R., was foundsuffering from gunshotwounds and laterpronounced dead at the

1. Incident scene reportprepared and submitted2. Notices served onDet. Insp. C. M., C. M.,Special Cons. A. F.,Cpl. U. R., Special Cpl.H.M., Spl. Cpl. C. A.,and InvestigatingOfficer, Det. Sgt. G. R.,3. Recorded statementof witness R. B.,4. Made efforts tocontact virtualcomplainant who wasrobbed by to no avail.More efforts will be


KPH, one (1) man wasapprehended and two(2) escaped in nearbybushes. A.38 revolverwith (4) .38 rounds andtwo (2) spent shellswere recovered.Nineteen (19) 9mmspent casings, 1 bulletand 1 live .38 cartridgewere also recovered. Anumber of caps inaddition to two cellphones, lap tops andmoney were alsorecovered from thescene

made5. Visited Stony HillPolice Station andinterviewed L. C., whois in custody. Hehowever refused to givea statement reiteratinghis fear.6. CollectedAmmunition andFirearms Register forconcerned officers fromISCF St. CatherineNorth.7. Received firearmsinformation forInspector M.8. Attended Postmortem examination onJuly 5, 2012 andrecorded statementfrom mother, A. E.,who identified body.Five bullet entrancesand four exits. Cause ofdeath is shock andhemorrhage due tomultiple gunshotinjuries.9. Spoke with Det. Sgt.R., who informed that


he had all thestatements from theconcerned and willsubmit same to us byMonday July 9, 2012.He will also give a copyof his file.10. Received copies ofall statements11. Requested a copy ofthe court file which wasreceived.

Provisional FIR wasprepared and submitted


64 C. B. 4/11/2009St.Catherine

C. B. and his twofriends were fatallyshot by the police afterthey departed theircommunity in GrantsPen where two menwere killed. The policeclaimed that they werekilled during ashootout. Twofirearms, a 9mm pistolserial # erased loadedwith 2 live rounds anda smith and Wesson9mm serial # erasedfitted with a magazineand 4 rounds wererecovered.No witness identified.

Diary entry obtainedAllegation lettersdispatched.12/10/2011 Sec. 21Notices sent toconcerned officers.Visited Constant SpringPolice Station to copyFirearm Register. Thiswas locked in storeroom Inspector withkey was out.Sgt. P. of Scenes ofCrime said statementsand other documentswere submitted to BSIApplied to BSI for acopy file

BSI FILE OBTAINED19/10/11 D/Cpl K. B.,called to say that healready submitted astatement to BSI.The officer was advisedto submit a statementcertified by a J. P. toINDECOMThe Notices that wereserved on the officersindicate that the

To collect copy filefrom BSIAwaiting GFL reportsTo revisit ConstantSpring Police Station tocopy Firearm RegisterTo get statement ofperson who I. D.Bodies at post mortemServe Notice and writea letter to them re theNotice being disobeyed30-04-2012GFL report notreceived.Revisited ConstantSpring P/S, FirearmRegister not found.Reserve Notice

Awaiting response from theofficers.

Awaiting Ballistic Report

Await Post mortem report thatwas applied for

Awaiting copy file from BSI


statements be submittedon 19/10/2011.D/Cpl K. B. visited

INDECOM’s office toenquire if he shouldalso submit a newstatement toINDECOMnotwithstanding hesubmitted a statement toBSI.The Officer was toldthat he is required to doso.The officer stated thathe was not willing tosubmit two statementsin the same matter.To date this officeralong with the othersinvolved in the incidenthave not respondedThe Notices werereserved however mostof the officers havebeen transferred toother divisions and onehas since resigned.TSD report obtainedPost Mortem reportobtained


Copy Statements fromthe concerned officersobtained from BSI toinclude that of theInitial Investigator whotook the weapons to thelab.Statements of thepersons who I. D. thebodies at the PostMortem obtainedCannot obtain FirearmRecords Sent Notice toSSP i/c Constant springPolice Station.


65 D S 18/01/12 Kingston Police receivedinformation aboutheavily armed men inthe Bedward Gardensarea of August Town.Upon the policeofficers approach of thedwelling they pulledfirearms and fired atthe police. The fire wasreturned and one manwas found sufferingfrom gunshot wounds.A Chrome .357magnum revolver withsix live rounds wasrecovered the deceasedbody. He waspronounced dead athospital. There are noeyewitnesses to theincident.

1. Notices on concernedofficer, who are allfrom the Half Way Treepolice Station.2. Collected stationdiary entries andfirearm and ammunitionregister. 3.Received statementsfrom all concernedofficers in addition tothe initial investigator,as well as the officerswho issued firearms andammunition to theconcerned officers.4. Submitted letter toFLA, CIB, andGovernment ForensicLab in relation tofirearm recovery.5. Applied for PostMortem report.6. Received statementfrom sister who IDbody at Post Mortemand obtained report andCD from Incident Sceneexaminer.7. received statementfrom Officer who


transported exhibit tothe Government Lab.


66 D C 19/11/12 Kingston Police Officers gotinformation that armedmen were seen at acertain premise onWestport Avenue in theRiverton City area.Upon their approachthey saw four men atthe premises whopulled firearm and firedat the police, the policereturned fire. Three ofthe men ran and onewas found at the backof the buildingsuffering from gunshotwounds, he waspronounced dead athospital. A .45Tanfoglio semiautomatic pistol withthree live rounds wasrecovered from thescene. There are noeyewitnesses to theincident.

1. On the spot Noticesserved on all concernedofficers.2. Diary entriesincluding firearm andammunition registerwere copied.3. Statements obtainedfrom all concernedofficers (three) aswell as the initial (Det.Corp. B.) investigator.4. Letters were sent toFLA, CIB, GovernmentForensic Lab.5. Application wasmade for Post Mortemexam.6. Recorded statementfrom daughter ofdeceased who ID hisbody at the PostMortem examination.7. Received statementfrom Officer whoissued firearms andammunition to theconcerned officers.7. Received statementfrom Corporal W. whotransmitted exhibit to


the lab


67 T. R. and S. B. 1/18/2013 Kingston A team of officers ledby SP H. of the HuntsBay Police Station wereon operation in thePaye Landscommunity. Det. Sgt.W., Det. Sgt. H., of theArea 4 division, SpecialOperations Unit andCons. J., of the HuntsBay Police Station,Operational SupportTeam were going to 76Tanzania Path to checkthe premises whenthey saw a man at thegate. The man ran intothe said premise andthe officers pursuedhim. The man ran intothe house and theofficers followed himtowards the doorway.Another man who wasinside of the saidhouse, appeared at thesaid doorway andpointed a sub machinegun in the direction of

1. The incident scenewas processed byINDECOM FE.2. All the concernedofficers wereinterviewed separately.3. The hands of theConcerned Officerswere swabbed by (TSD)personnel at 259Spanish Town Road,Kingston. 4. Therecovered firearmswere processed at theHunts Bay PoliceStation by INDECOMpersonnel.5. The recoveredfirearms and thefirearms that theconcerned officers hadin their possessionwere seized and taggedby the initialinvestigator to be takento the Forensic lab onFriday, January 18,2013.6. Section 21 Notices

1. Hand-swab certificate2. Ballistics Certificate;


the police. Two of theofficers fired in thedirection of the manand he fell. The manwho the police chasedfired in the direction ofthe police officers fromthe doorway and thesaid two officersreturned the gun fire.When the shootingceased the policeentered the house andrecovered a .380 pistolbearing serial #BL28139 with two liverounds and an Introtecsub-machine gun.Both injured men weretaken to the KingstonPublic Hospital wherethey were pronounceddead by the doctor onduty. The bodies weretransported to theTranquility FuneralHome.

were served on theinitial investigator andall three concernedofficers at the TSDoffice. With responsedate set for Monday,January 21, 2013. 7.At the TranquilityFuneral home thebodies of the deceasedwere processed byINDECOM FE.8. The firearm andammunition records forthe concerned officerswere obtained at theHunts Bay PoliceStation. The issuingofficer gave astatement. 9.Diary entry copied10. No eye witness wasidentified.


68 R. W. 12/25/2012 Kingston Det. Corp. M., reportedthat on December 25,2012 at about 5:00 ama joint police militaryoperation headed bySenior Supt. T. B., fromthe Denham Townpolice station were onan operation in theArnett Gardens area,when two of theofficers SpecialConstables A. D., andG. B., approached aone bedroom boardhouse, knocked on thedoor and shoutedpolice. The officersforced the door openand were greeted withgunfire. The gun firewas returned and thenow deceased was hitin the chest whilstsitting on a bed. Afirearm with the serialnumber erased wastaken from him. Thevictim was rushed to

1. Concerned officerswere interviewed;2. At the Denham Townpolice station the handsof the ConcernedOfficers were swabbedby INDECOM FE andthe recovered firearmwas processed by (TSD)personnel. 3. Therecovered firearms andthose that theconcerned officers hadin their possessionwere tagged andpackaged by the initialinvestigator to be givento the store keeper forsafe custody and onDecember 27, 2012taken to the Forensiclab for ballistic testing.4. At the TranquilityFuneral home the bodyof the deceased wasidentified by hismother, A statementwas recorded from her,after which the body

1. Hand-swab certificate2. Ballistics Certificate;


the Kingston PublicHospital (KPH) wherehe was pronounceddead.

was processed byINDECOM FE.5. Diary entry # 3copied from theDenham Town policestation Crime Diary.6. Firearm andammunition recordscopied.7. Two independenteye witnesses wereinterviewed and theirstatements recorded atthe INDECOM office.


69 M. R. o/c C.M.

5/2/2013 Kingston The Area 4 DeltaOperations 3 teamalong with officersfrom the DenhamTown Police Stationwere on IntelOperations when theyreceived informationat about 11:30 p.m.that some men whowere armed with gunswere seen in theNelson Street vicinity,to include the manwanted for the fatalshooting of a four (4)year old child, in theAllman Towncommunity about one(1) week earlier. Onthe arrival of theofficers on NelsonStreet, a group of menreportedly open fire atthe police. Two of thepolice officers SpecialConstables G. B. andM. B., engaged themen and returned the

1. An appreciation ofthe scene was doneand observationsmade. 2.The scene wasprocessed jointly byINDECOM ForensicExaminer, alongsideConstable C. R. of theArea 4 Scenes of CrimeUnit. 3. Allthe officers on theoperation wereinterviewed; howeverthey all reported thatthey were traumatizedand would submit theirresponses in the formsof their statements.5. The concernedofficers were issuedwith Section 21 Noticesfor which they signedreceipt, with due datebeing Wednesday,February 6, 2013. 6.Both officers’ handswere swabbed by theFE who also processed

1. Hand-swab certificate fordeceased and police officers;2. Ballistics Certificate;3. Statement from person whoidentify body of deceased atthe Post Mortem.4. Statements from concernedpolice officers;5. Statements from initialinvestigator to include chain ofcustody of weapons to lab; ByThursday, February 6, 20137. Statement from personnelwho processed scene andrelevant pictures;8. Statement from persons whotransmitted exhibits from sceneto Forensic lab;


fire. The men ran into ayard on Nelson Streetwhere a subsequentsearch revealed one ofthe men foundsuffering from whatappeared to begunshot wounds. One(1) .38 Taurus revolverSerial number1L244019 with sixspent shells wasallegedly recoveredfrom the scene.

the weapon allegedlyrecovered on thescene.7. The police officersweapons were takensecured and tagged forballistic testing byDetective Corporal M.,8. Detective CorporalM. was then servednotice to submit hisstatement onWednesday February 6,2013 after the weaponswere transported tothe GovernmentForensic Lab. 9.Firearm andAmmunition registerswere copied.

70 J. T. o/c D. 22/01/2013 Kingston

TEAM – ALPHA

OTHER

INVESTIGATIONS

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM ALPHA OTHER INVESTIGATIONS

No.

Compl

ainant

/Comp

lainan

t obo

victim

Incident Location

of Incident Allegations

Date

Investigation

Commenced Action Taken Reason for Incompletion

Internal External

1 S.J.E. Shooting

Injury St. Thomas

S.J.E. reported that he

was shot twice in the

lower left side and top

left shoulder during an

altercation with a

police officer (Det.

Sgnt. C. D.) from the

Yallahs Police Station.

He was charged with

the offences of 1)

Malicious Destruction

of Property 2)

Unlawful Wounding

and 3) Attempted

Larceny and should

appear in the St.

Thomas R.M. court on

the 18th of January.

Court Date postponed

until March 23, 2012.

O1.11.2011

09.11.2011

1. Witness (complainant)

statement collected

2. Station Diary entry

collected

3. Interim Report prepared

4. Notice prepared and

delivered at the station for

Detective Sergeant C. D., of

the Yallahs Police Station

5. Received statement from

Det. Sgt. C. D.

6. Prepared notice for Cons.

D. C. at the Morant Bay

Police Station who is to

respond by the 15th of

December 2011

7. Re-submitted notice for

Cons. C. on February 5, 2012

and received same on March

5, 2012

Mr. E. indicated that he does

not have any witnesses

Matter is in court.

Complainant indicated that

the officer actually wanted to

murder him but crowd started

Awaiting medical

report and response

from Cons. C. who

promised to have

same ready by

Wednesday

February 29, 2012

after Investigator

spoke with Inspector

W.

Awaiting Ballistics

Report


coming

8. Obtained medical

certificate

9. Obtained a copy of

statement as well as CD from

the scenes of crime personnel

from the Morant Bay Police

Station

8. Obtained response from

Initial Investigator, C. J.

9. Obtained copies of court

documents

10. Applied for ballistics

certificate

2 F. P. Assault Portland

F. P. (a minor), student

of Titchfiled High

alleges that while she

was resisting arrest by

Cons. B. R., she was

draped and boxed in

her face causing

swelling and bruises.

She was brought

before the court for

resisting arrest,


disorderly conduct.

On her last court

appearance on January

9, 2012, there was a no

case submission in

relating to the offence

of Assaulting Police.

Other matters

16.06.2011

04.07.2011

1. Statement of F.

P. recorded

2. Station Diary entry from

Port Antonio Police Station

was copied

3. Medical Certificate

received

3 4 Notice prepared and

delivered at the Port Antonio

Police Station on the 18th of

August 2011

4

5. Another Notice was

prepared for Officer R., and

delivered to the Station on

the 18th of October 2011.

1. Exhibits (photographs of

the bruises and swellings)


Officer R. on November 28,

FIR was

prepared and

submitted


postponed until March

19, 2012. Matters are

set for sentencing

2011

3. Received School report

from Titchfield High School

detailing complainant‟s

conduct plus academic

performance

4. Received copies of court

documents.

5. There are no witness

statements

FIR was prepared and

submitted


3 O. W. Assault Kingston

Complainant, O. W.

informed that he was a

vendor who sells in

the Half-Way-Tree

Park. On the 23rd of

August at

approximately 1:00

p.m., he was in the

Park when he was

accosted by

Metropolitan police

who assaulted him

causing pain bruises

and swelling. He was

charged for Possession

of Ganja and locked

up for three (3) days

25.08.2011

29.08.2011

1. Complainant, O.W.

Statement collected

2. Medical Certificate from

the Kingston Public Hospital

was requested


the Half-Way-Tree Police

Station was copied but

officers involved names were

not listed

4. Received medical

certificate on December 8,

2011

Medical certificate proved

that complainant was beaten

up. Matter is in court

5. Collected diary entry from

the Half-Way Tree Lock-Up

6. Noticed Officers Special

C. T. G. from Kingston and

St. Andrew Corporation on

February 20, 2012 and

received responses on

February 29, 2012

7. Noticed Officers D. E.J.

Fl., P. M., E.G., A. B.

8. Received response from

Officers G. D.E., J. F.., and

P. M. E. G., A. B. on March

20, 2012

9. Collected station diary

entry from Darling Street

Police Station on May 28,

2012


FIR IS BEING PREPARED


4 V. M. Assault St.

Catherine

The complainant, V.

M. reported that she

was hit with a gun by

a police officer from

the Old Harbour

Police Station while

she was watching him

beat her son. She does

not know the officers

name. She received

bruises to her

forehead.

12.12.2011

30.12.2011

1. Complainant statement

taken

2. Witness, D. T., statement

collected

3. Incident Scene report from

K.G., collected


collected from Spanish Town

Hospital on February 2, 2012

which indicates that Ms. M.,

received a 7-8 cmm

laceration to her face and at

the hairline

5. Notices were prepared for

Cpl. W., Cons. L. S., and

Cons. R. P., from the Old

Harbour Police Station and

delivered on February 17,

2012

6. Diary entry copied on

February 17, 2012. Previous

visit made on January 10,

2012, the Diary could not be

located.

7. Witness Statement

collected from T. M.,

neighbor of complainant, V.

M., on February 17, 2012

8. ID Parade application

completed and delivered at

the Old Harbour Police

Station on 06.03.2012

9. Recorded Witness

Statement of D. B., on March

Awaiting response

from Concerned

Officers, S., W.,


22, 2012

10. Prepared another set of

ID Parade application forms

which were routed through

the Commissioner‟s office on

June 29, 2012.

11. Spoke with DSP G., who

promised to have statements

ready by the 9th of July

2012.

12. Received statements for

all concerned officers

13. Spoke with DSP G., who

informed that the ID forms

were served on the concerned

officers and the returns will

be submitted by Monday,

October 1, 2012

5 S. T. Assault O.B.

Harm Kingston

S. T. reported that

while visiting the

Trench Town Police

Station she was beaten

with a baton by Police

Officers and received

bruises and swelling.

She was charged by

the Officers for 1)

Assault O.B. Harm 2)

Unlawful Wounding

3) Disorderly conduct

4) Resisting Arrest

Matters postponed

10.11.2011

21.11.2011

1. Witness statement

collected

2. Obtained copies of

medical certificate

3. Photograph showing

bruises

4. Notices to officers, Cons.

C and Cpl. L. G. and Cons.

W. from the Trench Town

Police Station prepared and

submitted on November 24,

2011


Cons. C. on December 23,

Awaiting

additional

witness

statements

which should

be recorded on

July 12, 2012

Nov 5, 2012:

Additional

witness was

not brought in.

Awaiting copy of

court documents


until March 14, 2012

then August 13, 2012

2011 and Officer G. on

February 03, 2012. A letter

was received stating that

Cons. G.s went on vacation

leave overseas for the period

27th of January 2012 to June

7, 2012

6. Recorded witness

statement of S. B. on

February 10, 2012

7. Requested copies of court

documents

8. Recorded Statement of H.

S., witness on March 8, 2012

9. Sent Notice to Cons.

Wright on March 10, 2012.


Cons. W. on April 23, 2012

after making contact with

Superintendent B. who is in

charge of the Division.

11. Contacted Half-Way-

Tree Court re court

documents on five (5)

separate occasions but has

still not received same

Nov 5, 2012: FIR is being

prepared.


6 A. D. Assault Kingston

Complainant, A. D.,

an inmate at the Tower

Street Adult

Correctional

Institution reported

that he was hit on the

left side of his face

with a baton by a

Correctional Officer

(G.L.). He was

unconscious and spent

three (3) days at the

Kingston Public

Hospital

05.01.2012

09.01.2012

1. Visited TSACC and

recorded statement of

complainant

2. Collected witness

statements from Inmates, A.

R., D. B., and M. B.,

3. Prepared and delivered

notice for C.O. G. L. and

received statement on

February 15, 2012

4. Received response from.

C.O. G., L. but does not have

declaration and certificate

5. Requested medical report

from KPH on January 27,

2012

6. Collected entry from the

medical Journal at the Tower

Street Adult Correctional

Centre

7. Received medical

certificate on June 10, 2012

which states mild head injury

inflicted by a baton but is not

likely to be permanent.

8. Contacted Miss R. at DCS

on several occasions to get

the correct Statements but to

date proved futile. Nov 5,

2012: Statements received

and FIR is being prepared.

Awaiting statements

with Declaration


7

S. B.

and D.

E.

Assault,

Abduction Kingston

Complainants, S. B.

and D. E. reported that

they were abducted by


Mobile Reserve on

Saturday, February 11,

2012 and transported

to Waterhouse Gully

Bank where they were

beaten by extended

batons and were put to

kneel down with

handcuffs on.

Mr. E. was charged on

February 8, 2012 for

Assaulting Police and

went to Half-Way-

Tree Court on

February 23, 2012

where the matter was

postponed to March

23, 2012.

1. Collected statements from

complainants, S.B., and D.

E.,


statements from B. M., and J.

S., M.B.

3. Received medical reports

4. Received pictures showing

bruises

5. Collected Diary entry from

Half Way Tree Court

6. Copied entry from

Movement diary at OPS

Room at Mobile Reserve

7. Prepared notices for

Officers Sgt. M. G., Cons. J.

G., Cpl. C. R., Cpl. B. P.,

Cons. E. O., Cons. J. G.,

Cons. B. M., Cons. D. G.,

W/Cons. A. B., and S/Cons.

O. E., and delivered at the

Mobile Reserve Station

8. Requested CCTV images

for that day from Ministry of

Transport and Works.

Responses are that the

cameras in that area were not

in working condition

9. Received Statements from

all concerned officers

10. Obtained reports from

Forensic Examiner, P. A.,

11. Requested court

documents and received same


on May 20, 2012

12. Re-Noticed Cons. O. W.,

from Half-Way Tree Court to

provide his statement in

relation to his investigation

into the court matter of

assault


Cons. O. W.,

DOC Review

29-02-2012

14. Insp. B. of Mobile

Reserve to submit responses

1st March 2012

15. FIR is being prepared


8 R. C.

Assault,

Unlawful

Arrest

Kingston

R. C. reported that he

was walking on his

avenue on the 8th of

March 2012 at

approximately 7:00

p.m., when he saw

police officers

searching some men,

he stood there looking

and was told by one of

the officers to move

and he complied. The

officer grabbed unto

my shirt and told him

to enter the police

vehicle and I enquired

why. He then used a

baton to hit him

several times on his

right shoulder, his

back and ribcage then

handcuffed him.

Mr. C. was taken to

the Constant Spring

Police Station and

charged with the

offences of 1)

Resisting Arrest and 2)

Failure to move. He

went to court on

March 23, 2012.

Matter was postponed

to July 25, 2012 as the


statements from S. P.,

2. Recorded Station Diary

and Prisoner Charge and

Property entries

3. Received medical

certificate from Dr. F.

4. Prepared and delivered

notices for Cpl. B., and Cons.

P. L.W., from Mobile

Reserve

5. Received responses from

the concerned officers on

Friday, April 13, 2012

6. Received Report and CD

from Forensic Scene

Examiner, P. A.,

7. Obtained a copy of court

file from Half Way Tree

Court.

FIR is being prepared. Nov 5,

2012: FIR prepared.


complainant was

involved in a motor

vehicle accident and

he is now

incapacitated.


9

R.H.

obo

N.H.

Assault Kingston

Assault R. H. obo

N.H. reported that on

Wednesday, April 4,

2012 at approximately

5:30 p.m., her thirteen

year old nephew was

assaulted by police

officers from the

Duhaney Park Police

Station when he was

brought there on

suspicion of larceny

but was released

without being charged.

He was also

questioned without a

relative being present.

11.04.2012

12.04.2012

1. Complainant statement

collected

2. Medical certificate

obtained

3. Station Diary entry copied

as well as Juvenile Caution

Register

4. Notices prepared and

delivered to Officers, Cons.

M. H., Inspector F. and

W/Cons. P. C.

5. Obtained responses from

Officers

6. Recorded statement from

witness, father of N.

7. Requested school report

from Pembroke Hall High

School.

8. School Report received on

4.7.2012 which states that his

behavior was wayward at the

school and he was involved

in the theft of the items on

the day of the incident.


submitted


10 S.G.

Assault and

Unlawful

Arrest

Kingston

The complainant, S.

G. alleged that he was

assaulted and beaten

by a policeman and

falsely arrested for 1)


2) resisting arrest

Sept. 29, 2011-

October 6, 2011

1. Contacted complainant

2. Medical Certificate on file

3. Prepared Notice to Officer

from Duhaney Park Police

Station

4. Trial date for complainant

– November 16th

5. Mr. G. went to court and

was found guilty and paid a

fine of $2,000.00

6. Complainant subsequently

withdrew the matter.

Withdrawal form signed

FIR Completed and

submitted

FIR is being

prepared

11 S. K.

Assault

/Arson/

Malicious

Destruction

of Property

St.

Catherine

The complainant, S.

K. alleges that she was

kicked and boxed by

police officers while at

the Funeral Service at

Dovecot Memorial

Gardens of her son

who was killed by

police officers. She

also reported that her

house was burnt to the

ground by said police

officers. She further

alleged that her

daughter C.G.

(attached) was also

assaulted while at the

same funeral service.

16.06.2011

04.07.2011

1. Witness statements of C.

G., & R. S, recorded.

Statement for S. K.,


received

3. Station diary entries

collected from Spanish Town

Police Station

4. Entries from the Station

Diary of the Central Village

Police Station recorded and

Spanish Town Police Station

5. Prisoners‟ Charge and

Property entry

recorded/copied from Central

Village Police Station

6. CD documenting house on

fire

1. 1. FIR is

being prepared


K. and her daughter,

C. were charged for

the offences of

Resisting Arrest,

Assaulting Police,

&Disorderly Conduct

They have been to

court and pleaded not

guilty and as such the

matters are set for trial

for November 18,

2011

7. Letter from the fire

department on file

8. Notices for Sgt. S. M.,

Cons. O.D., Cpl. F. R., Cons.

W. R., and Supt. V. H., were

prepared and delivered to the


9. Responses received from

Cons. D., Cpl. R. and Cons.

R. and Sgt. M.,

10. Supt. H., responded on

the 18th of November 2011

11. Fire report received on

December 5, 2011 – cause of

fire unknown

12. FIR will b e prepared

after court matter is complete

DOC Review 01-03-2012

13. Sole eye witness to fire

refused to give a statement to

INDECOM.

14. Case against K. G., and

S. still before the court for

hearing on March 16, 2012

FIR is being prepared.


12 C.G. Assault St.

Catherine

C. G. alleges that she

was assaulted by

police officers then

taken to Central

Village Police Station

16.06.2011

04.07.2011

1.. Station diary entries

collected

13 R. S. Threat St.

Catherine

R. S. alleges that

police officers have

threatened to kill him

on more than one

occasion

16.06.2011

04.07.2011

There is no record in the

Spanish Town Station Diary.


Follow S. K.

procedure.


14 R.P. Shooting

Injury

St.

Catherine

R.P. reported that he

was shot and injured

by a police officer

while walking along

the Greendale main

road in Spanish Town.

Reports from the

police Cons. K. W.

from the Flying Squad

Division.

26.12.2011

09.01.2012


collected

2. Diary entries from

Spanish Town collected

3. Received report as well as

CD from INDECOM‟s Chief

Incident Scene Examiner,

Mr. C.,

4. Prepared notice for

concerned officer, S/Cons. K.

W., from the Spanish Town

Police Station

5. Recorded Firearms &

register from the Flying

Squad Division and received

statement from Det. Sgt. T.,

who issued the Firearms and

Ammunition to the Officer

6. Received medical report

from the Spanish Town

Hospital on April 10, 2012


7. Response obtained from

Cons. K. W., from the Flying

Squad.

8. Matter was transferred

from Spanish Town Court to

the Supreme (Gun Court)

9. Visited Gun Court and

requested copy of court file

28.05. 2012 and received

same.

10. Court matter postponed

from June 19, then June 26,

Firearms &

ammunition

register to be

checked and

copied


2012 to July 9, 2012


Sp. Cons. A. from ISCF who

transported R. to the Hospital

12. Re-noticed Investigating

Officers Det. Sgt. M. and

Det. Cpl. O. C., who should

submit statements re chain of

custody. These should be

received by Friday, July 6,

2012. Cons. B. was noticed

to submit statement regarding

his initial investigation in to

the matter

Nov 5, 2012: received

statement from Cons. B. and

Sgt. F. B., is the investigating

officer and F., transmitted the

gun to the lab. Hand swab

cert received.


15 M.D. Shooting

Injury

Kingston M. D. was shot and

injured by Cpl. D. H.,

who is a license

firearm holder and

who is attached to the

Mounted Troop

Police. Reports are

that M.D. and his

accomplice was trying

to rob Cpl. H., who

was off duty at the

time of the incident

and was walking home

dressed in plain

clothes and with a

blackberry cellular

phone in his right

hand. The incident

took place in the

community of

Vineyard Town in

proximity of Cpl H.,

home. It was also

reported that they had

a gun as well as a

knife. No gun was

recovered as it is

alleged that the other

man escaped with it.

01.02.2012

02.02.2012

Requested medical certificate

from KPH

2. Obtained statement from

Concerned Officer, H.,

3.Received statement from

Investigating officer from

Elleston Road, Cons. B.,

4.Collected Diary entry from

Vineyard Town Police

Station

5.Received Report from

Chief, Forensic Scene

Examiner, H. C.,

6.Contacted Attorney, C.W.,

but he refused to divulge any

information about client to

assist the process.

7. Contacted Initial

Investigator on three (3)

different occasions to get the

court date for complainant as

well as contact information

for client but each time Cons.

B., promised to return call

but to date no positive

response from him.

8. Visited the Gun Court and

received a copy of M., file

from Ms. S., Court

Administrator. After dialing

the telephone number,

mentioned on the file, person

who answered said that they

do not know anyone by that

1. To locate

complain.

to collect

statement

Awaiting medical

report from KPH


name. Visited the address

that Gun court said he should

reside on three (3) occasions

as well as barber shop for his

father, got no positive

feedback, left messages but

got no response

10.Applied for Ballistics

Certificate

11. Obtained response from

Firearms Licensing Authority

11. Obtained medical

certificate from KPH on May

10, 2012.

12. Contacted Investigator to

get copy of statements for

witnesses as they instructed.

Left message on his

telephone

13. Contacted Gun Court and

was told that M.'s, matter was

postponed to the 26th of July

2012.

Nov 5, 2012: on July 26,

2012 visited Gun Court and

recorded statement of

complainant.


16 P.W. Assault Kingston P. W., an inmate at the

Horizon Remand

Centre through his

mother, Ms. J.B.

reported that sometime

in November 2011, he

was punched three (3)

times in his stomach

by a Correctional

Officer but he does not

know his name but is

able to identify him if

seen again.

05.12.2011

27.01.2012

Statement collected from

complainant

Checks were made in the

Medical journal at the

Horizon Remand Centre and

there is no indication that he

had visited the Centre during

that period or even after.


Checks made at Horizon

Remand Centre revealed that

there is no Correctional

Officer employed there by

the name of “Puss Eye”.

Complainant is unable to

verify date or month

precisely for investigator to

have a reasonable field of

Correctional Officers from

which an Identification

Parade could be organized


submitted


17 D. W. Detention

and

Harassment

St.

Catherine

The Complainant, D.

W. of Spanish Town,

St. Catherine has

alleged that on

November 10, 2010 he

was on route to Young

Street in Spanish

Town to collect money

from a friend to

purchase sawdust. He

was stopped by police

officers who accused

him of going on a

robbery. They

subsequently locked

him up for two weeks

without any charges

being laid against him.

Complainant is

concerned that he did

not receive treatment

for his HIV medical

condition while in

lock-up

May 05, 2011

May 17, 2011

1. Witness Statement of F. J.

collected

2. Notice was served on

Cons. P. W., of Constant

Spring Police on the 5th of

August 2011


Concerned Officer, Cons. P.

W., on



4. No entry in Prisoner in

Custody Book or Station

Diary indicating that he was

placed in custody.

Medical certificate

is still outstanding

after several

attempts made to

obtain same. Nov 5,

2012: Awaiting

response from Det.

Sgt. H.


18 Mr. K.

M.

Threat,

Assault,

Unduly

Long

Detention

St. Thomas Mr. K . . . M. reported

that March 23, 2012,

he was beaten up by


Morant Bay Police

Station while in

custody and accused

of stealing goats. His

cellular phone‟s

battery was replaced

as it was taken from

him by the same

police officers and his

motor car was burnt

while parked at the

police station.

Additionally, he said

that officer D. M., had

threatened him.

Matter is in court for

date April 18, 2012

where Mr. M., was

charged for two (2)

counts of praedial

larceny and receiving

stolen property.

Matter postponed to

October 22, 2012

23.03.2012

10.04.2012


collected

2. Diary entries collected

3. Prisoner in Custody book

& Prisoner‟s charge and

property book and remand

centre books copied


concerned officers as well as

Inspector O. from the Morant

Bay Police Station

5. Spoken with K. M. and

requested medical certificate.

He informed that he visited

the doctor and was told that

there were no bruises on his

body hence he could not get a

certificate.

6. Received statements from

Inspector O., Cons. D. M.,

Cons. D. B.,

7. Awaiting statements from

Cons. S. Smith (Investigating

Officer). Had to send notices

to Cons. K. Ennis, Cons. J.

Blunt, Cpl. W. S; Cons. N. H,

Cons. M. J as their names

were mentioned in the

statement of Cons. D. B

8. Received copy of court file

for complainant on Friday,

June 29, 2012

9. Nov 5, 2012: Obtain

statements from Cons. J. B

1 Awaiting response

from officers

2Awaiting medical

certificate


and, Cons. N. H, Cons. M. J.

Cpl. W. S has resigned from

the JCF (letter d/d ...received

and is on file).



19 Mr. D.

F.

Threat Kingston Mr. D. F. has alleged

that on an occasion

when he reported to

the Hunts Bay Police

Station as a condition

of his bail; he was

accosted by Assistant

Supt. K. who took him

to Senior Supt. D.H.,

who threatened to kill

him.

07.06.2011

15.06.2011

1. Witness statement from

A.M. W., collected

1. Statement from D. F.,

taken

2. Notice sent to SSP H. and

K.

3. Another statement from D.

F., collected as he is alleging

that another officer whose

name he does not know is

also harassing him when he

visits the Police Station to

report.

4. FIR to be Completed as

Mr. F., was killed by

unknown assailants on

November 23, 2011

5. Awaiting copy of Post-

Mortem Report for Mr.

Fowler to complete FIR.

6. Obtained copy of post

mortem report on May 10,

2012

7. FIR was prepared and

submitted


20 F.-A.

B.

Conduct

Unbecoming

Kingston The complainant, F.-

A. B. alleges that she

was attacked by one S.

C., and officer #11935

was present and did

nothing.

14.09.2009

16.06.2011

1. Notice was sent and

response received from Cpl.

T. and Cons. I. R., of the

Motorized Patrol Unit.

2. Complainant later visited

and signed withdrawal from

3. FIR was prepared & file

submitted


21 G. H. Threat,

assault at

common law

Kingston G.H. the complainant

alleged that he was at

a dance when a

policeman draped him

by the waist pointed

his gun at his stomach

and later told him “mi

could a shoot yuh, and

write a statement seh a

shoot out.

18.08.2011

25.08.2011

Witness Statement from

N.B., complainant‟s baby

mother collected

2. Obtained correct name,

rank and station of police

officer

3) Notice to Cpl. G. M., was


Flying Squad Division on

Friday, September 16, 2011

4) Investigator is not sure if

notice got to the officer as no

returns were received. As a

result another set was

prepared but Investigator had

difficulty delivering same to

SSP C. “B” F., and hence it

was prepared for ACP J.T. at

CIB to be delivered to the

respective officer at Flying

Squad

FIR is being prepared


Thumb Drive with

information stolen. FIR being

redrafted.

Nov 5, 2012: FIR is being

redrafted for the concerned

officer to be prosecuted.

Awaiting response

from Officer M.,

after a second set of

notice was delivered

to respond by July 6,

2012


22 A. D. Threat St.

Catherine

A. D. OBO C. D.

reported that a police

officer known to him

as “C” whom he later

learnt was Inspector J.

S., said that he was

going to kill his son,

C. and bury him in one

week‟s time and he

was to buy Cedar

board to bury him

Sept. 05, 2011

Sept. 13, 2011

1. Obtained correct name,

rank and station of officer

(Det. Sgnt. L. S., who is from

the Spanish Town CIB office

2. Prepared notice to Det.

Sgnt. L. S., on the 15th and

which was delivered on

September 21, 2011

3. Had discussions with Mr.

D. and he was advised to take

in his witnesses as early as

possible

4. Mr. D., has withdrawn the

matter and hence withdrawal

form was signed.

5. Complainant‟s son, C. D.,

died on January 6, 2012

6. FIR completed and file

submitted on February 20,

2012


23 T.B. Assault at

Common-

Law

Portland T. B., complainant

alleges that a

policeman from the

Mill Bank Police

Station threatened to

kill him by stating

“bwoy a going shoot

yuh, and if yuh move

yuh dead.

NB Police acting on

warrant of arrest

visited his premises

several times

(admitted by

complainant) over a

three-month period

until day of incident.

Sept. 12, 2011

Sept. 14, 2011

1. Obtained correct, name,

station and rank of officer,

Cpl. H. C. of the Mill Bank

Police Station

2. There are no witnesses

3. Notice of Cpl. C. was



on September 27, 2011


Cpl. H. P. and witness, DC

V. M. on the 18th of October

2011

5. FIR was completed but

thumb drive with information

was stolen in late December

6. FIR was completed


24 Mr.

A.J.,

Seizure of

Car

Documents/

Harassment

St. Thomas Mr. A. J., complainant

alleged that his car

documents were

seized by police

officers without reason

and has not been

returned to him. The

officers are from

Morant Bay and

Yallahs Police

Stations and they are

well known to him. He

was also charged for

1) Disobeying

Constables Command

2) Abusive Language

3) No PPV License 4)

Operating without

Road License.

Matters were set for

December 5, 2011 and

then to March 26,

2012 and again to

August 15, 2012

August 29,

2011

October 6, 2011

Contacted complainant,

obtained rank station of

officers concerned


officers, Cpl. S. and Mc. and

Cons. M., and delivered same

to the Morant Bay Police

Station on November 11,

2011

3. Witness statement from G.

H., collected

4. Copied entry from traffic

book at Morant

Bay Police Station


Cpl. Mc., on January 5, 2012

6. Received Statement from

Cpl. S., on January 19, 2012

7. Obtained statement from

Cons. M.

On March 2, 2012.

8. Applied for copy of court

documents

Awaiting court results but

FIR is being prepared . Nov

5, 2012: FIR was prepared.

court documents and

results


25 M. M. Threat,

Unbecoming

conduct

St.

Catherine

The complainant, M.

M. alleged that on

September 15, 2011,

police officers visited

his house and one said,

mek wi lik him. This

caused him to become

fearful

16 Sept. 2011

October 6, 2011

Complainant Statement was

collected

Contacted complainant who

indicated that he is

withdrawing matter.

Withdrawal form was signed

on January 25, 2012


submitted


26 W. G. Assault/

Threat

St. Mary After being stopped by

police officers, the

complainant, W. G.

reported that Officer

W. threatened him by

pulling his gun from

his holster. He also

draped him.

Officer W. charged

complainant for 1)

Assaulting police 2)

no road license, 3) no

insurance, 4) seat belt

and 5) additional

passengers

5. Complainant went

to court and the matter

was postponed to

March 8, 2012

Went again and

postponed to the 12th

of July 2012

21.10.2011

03.11.2011

1. Complainants statement

was taken

2. Notice was prepared and

delivered to Sp. Cons. W. at

the Port Maria Police Station

3. Diary entries from Port

Maria and Oracabessa Police

Stations copied

4. Medical report received


Special Cons. W., on January

28, 2012

6. Requested a copy of court

file from Port Maria Court‟s

office received same on July

3, 2012.

Awaiting result of court

matter

FIR is being prepared. Nov

5, 2012: FIR was prepared.


27 K. S. Assault St.

Catherine

The complainant, K.S.

alleged that he was

punched and beaten by

police personnel on

April 12, 2011 when

they entered his

premises. He was also

locked up and placed

in custody for three (3)

days and falsely

accused. He is before

the Spanish Town

R.M. Court for

Resisting Arrest,

Assaulting Police,

Retailing Spirit

without a License and

the court date is set for

August 2, 2011

May 5, 2011

May 17, 2011

1. Collected Medical

Certificate and placed on file

2. Received names, rank and

station for all concerned

officers

3. Station Diary and Cell

Diary entries from the


were copied

4. Sent Notices to the

concerned police officers and

confirmation received on the

1st September 2011

5. Call made to the concerned

officers who promised to

have same by the 7th of

October 2011

6. K. has withdrawn the

matter against the concerned

officers. Withdrawal form

has been signed and

FIR was completed and

submitted


28 K. B. Threat Kingston The complainant, K.

B. is alleging that

sometime in April


7:00 a.m. she was at

home in bed with her 7

month old baby as

well as her 11 year old

female cousin when

police officers D. H.,

kicked down her gate,

entered her yard. She

further alleged that the

officers asked her for

her baby father who

was not there at the

time. They then

verbally abused her

called her names such

as mongrel.

June 25, 2010

June 3, 2011

1. Notices were prepared

and delivered to

Superintendent D.H., who to

date has not responded.

2. A recommendation was

made for the matter to be

referred to the Inspectorate

Branch.

6 FIR was prepared and file

submitted on August 20,

2011

SSP Hewitt responded later

and hence FIR prepared and

submitted


Thumb Drive with

information stolen. FIR to be

completed. Nov 5, 2012: FIR

Completed.


29 R.W. Threat Kingston Complainant R. W.

reported that ever

since the death of his

father allegedly by the

respondent, D.H., on

June 29, 2009, the

respondent has been

threatening to kill him.

The last occasion was

on Saturday, January

9, 2010 when he gave

a man a message

stating that anytime he

holds him

(complainant), he is

going to kill him.

13.01.2010

02.06.2011

1. Notices were served on

SSP D. H., who has failed to

respond

2. Recommendation was

made for the file to be sent to

Inspectorate Branch

3. FIRS were prepared & file

submitted

4. SSP D. H., responded later

and FIR was prepared and re-

submitted


30 J. P. Conduct

Unbecoming

Old

Harbour/

St.

Catherine

J. P., complainant

alleges that on June 7,


3:45 p.m., she was at

home when the police

officers (Det. Sergeant

F.) visited her

premises with two

civilians and

commenced searching

her home without a

search warrant. They

collected two pictures

of her son and an

overhaul jacket. Ms.

P. is concerned that

her home was

searched by the two

civilians.

16.06.2011

17.06.2011

1. Full name of Police

Officer was ascertained

2. Notice was prepared


S.Mc., collected


the May Pen police Station

was copied

5. Notice was served

On concerned officer

6. Called Senior

Superintendent H., and a

message was left for him to

remind Officer to prepare

response

7. Another Notice was

prepared for Sgt. F., on

October 8, 2011 and

delivered at the May Pen

Police Station


Officer F.,

FIR was prepared.


31 N. H. Assault,

Detention

Theft

St.

Catherine

N. H. alleged that he

was harassed,

assaulted and his home

searched by police

officers. He was also

detained at the Spanish

Town Police Lock-Up.

Upon his return home,

he discovered that his

gold chin was missing.

The value being

US$700.00

30.04.2010

06.06.2011

Another Notice was delivered

to DSP. E.,

On August 3, 2011 and he

responded on August 8,

FIR was prepared but

complainant indicated on

September 15, 2011 that he

wants to withdraw the matter.

Therefore, this additional

information was included in

the FIR which was submitted


32 Mr. B.

W.

Assault

St.

Catherine

Mr. B. W., 60 years

old reported that

during a memorial

service on the 28th of

August, 2011 being

held for his son, R.

W., who was fatally

shot by police officers

on the 23rd of August

2010, he was at his

gate when police

officers visited and

requested him to turn

down the music

system which he did

but some return a few

minutes later and

insisted that they turn

off same. After stating

that "whenever JLP in

a power", the police

have excessive power,

he was then assaulted

by one of the officers.

He was charged for

Disorderly Conduct

and is to appear in the

Spanish Town Court

on the 14th of

September 2011.

On the 8th of

February, 2012 Mr.

W., said he was tried

and found guilty of

30.08.2011

09.09.2011

1. Virtual complainant was

contacted on Monday, 12th

September 2011 and he

visited the office as agreed on

Thursday, September 15,

2011. He indicated that he

pleaded not guilty to

Disorderly Conduct in the

Spanish Town R.M. on the

14th and his court matter

postponed to November 18,

2011

2. Witness Statement from

his son, K.W., collected

3. Summons are on file


collected

5. Notice to Inspector J. S., of

the Spanish Town Police

Station prepared and

delivered on September 21,

2011


Inspector J. S., on November

28, 2011

7. Requested a copy of court

file from Spanish Town

Court House but to date has

not received same


submitted


indecent language and

disorderly conduct and

paid a fine of

$2000.00 in the

Spanish Town Petty

Sessions Court.


33 Mr. S.

A.

Conduct

Unbecoming

St.

Catherine


collected

2. Notice prepared to

Cons. D.M., of the

Spanish Town Police

Station Operations

Section and delivered

3. Collected diary

entries and prisoners

in custody book

4. Contacted Cons. D.

M., twice and he

promised to have

statement by the 10th

of April 2012.

5. On the 23rd of April

2012, resent another

notice to Cons. M.,

since he has not

responded

6. Cons. M., promised

to have notice by the

12th week of July

2012. Said that he

wrote statement but is

not yet signed and

stamped by JP

03.10.11

25.10.11

Witness statement collected

and notice prepared to Cons.

D. M., of the Spanish Town

Police Station. Collected

Diary Entry and Prisoner in

Custody book. On the 23

April 2012 re-sent notice to

concern officer since he had

not responded. Received

response from Con. M., after

several reminders. FIR is

being prepared.


34 Mr. D.

S.

Non-Action Kingston Mr. D.S. reported that

he had a case cross-

case matter in court in

April 2011 with his

common law wife, N.

D., of Assault O.G.B.

Harm. He was

sentenced to nine (9)

months imprisonment

and was at the Tower

Street Adult

Correctional Centre.

He was scheduled for

court on August 31,

2011 for his case that

was brought against

his wife but he was not

transported and to date

he has not heard

anything

12/4/2012 1. Contacted the investigating

officer W/Cons. Mc., from

the Half-Way Tree Police

Station who informed that the

matter was disposed of as 1)

no evidence offered on the

31st of August 2011 as the

complainant was not in court.

2. Contact was made with the

Half Way Tree Court and

dialogue held with Ms. D.

who should provide the court

documents as soon as

possible. Checks made on

June 29, 2012 and court

documents still not ready

3. Contact was made with

Assistant Supt. J., who

confirmed that D. S., was an

inmate but he came under

several alias names, D. R.,

T.B., T. G., A. S., T. B., S.

B., A.B., He is currently

serving two years for 1)

Uttering Forged Documents

2) Obtaining Money by False

Pretense 3) Conspiracy.

Additionally, he has been a

regular inmate

Nov 5, 2012: received court

records. FIR was prepared

and submitted


35 Mr. E.

E.

Non-Action

Kingston

Mr. E. E. reported that

he gave a report to a

correctional officer

that he was threatened

by inmates and they

failed to act. He was

told each time that he

needs to see a

Psychiatrist. This

happened sometime in

2010

4.06. 2012

29.06.2012

Contacted Superintendent of

Tower Street who confirmed

that Mr. E. was an inmate at

the Institution. Nov 5, 2012:

visited Tower Street Adult

Corr. Centre and spoke with

Mr. E., d with Act. Supt. B.

W., who intervened, had a

mediation session with

Correctional officer and

Inmate which was successful.

FIR was prepared.

T o visit

Tower Street

to speak or

record

statement of

complainant

To get names

of concerned

officers then

prepare notices

for officers


36 Mr. G.

F.

Unprofessio

nal Conduct

St. Thomas Mr. G.F. of Johnstown

District, St. Thomas

reported that while he

was about to enter his

yard, he saw police

officers K. W. and N.

F., Cons. M., and

others in proximity of

his home. One of the

officers came up

behind him grabbed

unto his T. Shirt,

complainant boxed

away his hand and the

officer grabbed

complainant again in

his ganzie, used a lot

of expletives and

another policeman

grabbed him in his

waist. One of the

officers fired two (2)

shots in the air as the

crowd was converging

on the scene and

another fired three (3)

shots. Complainant

was charged with the

offences of 1)

Assaulting Police 2)

Resisting Arrest and 3)

Obstructing Police

19.06.2012 Collected Diary entry

Collected witness statement

of J. F.

Prepared notices for officers,

M., F., and W.

Nov 5, 2012: Received

statements from Cons. B.,

Cons. P., Cons. K. W., Cons.

F., Cons. M., Cons. B., and

Cons. B. Received copy of

court file from Morant Bay

Court. received incident

scene report and CD in

relation to cartridge casings.

Notice Supt. S., to have all

concerned officers firearms

taken to the Gov. Forensic

Lab and to submit name of

officer who submitted the

firearms to the labs.

To obtain ballistic

reports and

statement from

officer Re: chain of

custody.


37 Y. P.,

and P.

A.

Unprofessio

nal Conduct

Kingston Complainants, Y. P.,

and P. A. reported that

they were stopped by

police officers while

driving their mini bus

in the Bull Bay area on

the 12th of April 2012.

They did not have the

bus papers in their

possession and hence

they were charged for

the offences of 1)

Aiding and Abetting

2) Fraudulent

Conversion 3) Assault

and 4) Resisting Arrest

Traffic Court - Y. P.

found guilty of Aiding

and Abetting,

Fraudulent Use of

License Plate and

paid $5000 or 2

months imprisonment

on the 24th of April

2012

P.A. was found guilty

of having no insurance

coverage and paid a

fine of $2000 or 2

months imprisonment

and for Fraudulent Use

of License Plate, he

paid a fine of $5,000

or 2 Months

2.04.2012

16.04.2012

1) Collected witness

statements

2) Collected medical report

which states that injuries are

consistent with infliction by

being handcuffed

3) Collected Diary entries

4) Notice was sent to

concerned officers

5) Obtained statements from

Concerned officers, D. W., F.

D., from Mobile Reserve

6) Prepared and sent letters to

both courts (Traffic and Half-

Way-Tree R.M. requesting

court documents and they

were received on May 7 and

June 23, 2012 respectively

FIR is being prepared

Awaiting court

results


imprisonment at hard

labor

The Trial date for Y.

P. for Assaulting a

Constable is

postponed to July 25,

2012.


38 Ms. A.

R. and

Ms. C.

F.

Threat Kingston Ms. A. R. and Ms. C.

F. made a complaint of

Threat and Conduct

Unbecoming against.

Det. Sgt. R. L., Cpl. D.

W., Cpl. M., and

Cons. M. from the

Half-Way Tree Police

Station on June 25,

2009. They reported

that their sons O. M.,

A. B., and N. D., were

picked up by police

officers and taken to

the Station where they

were photographed

and released without

being charged. It was

reported that they were

also threatened by one

(1) of the officers

26.06.2009 Witness Statements collected

Notices were sent to Officers


submitted on March 10, 2010

and Addendum done on the

10th October 2011


39 Mr. J.

B.

Unlawful

Arrest

Kingston Mr. J. B. has alleged

that he was arrested

and placed in custody

for one night by Det.

Cons. F.S., and was

released without being

charged. However, the

Prisoner‟s Charge and

Property entry says

that the complainant

was charged with the

offence of Obtaining

Money by False

Pretences. The

complainant states that

he is currently before

the court on same

charges; but not

stemming from this

arrest.

15.06.2011

04.07.2011


J.B.

2. Prisoners‟ charge and

property book entry copied.

3. Notice for Cons. F. S., of

Half-Way-Tree Police

Station was prepared but not

delivered as

4. Complainant

J. B., later withdrew matter

5. FIR was prepared and file

submitted

6. Information received is

that file was sent to the Anti-

Corruption Branch on

December 5, 2011. Called

and they are still

investigating

Referred to Inspectorate of

Constabulary for

Investigation 20.06.2012


40 Mr.

C.B.

Unprofessio

nal Conduct

St. Thomas Mr. C. B., Counselor

for the Yallahs

Division reported that

he was stopped and

searched

by police officers

from the Yallahs

Police Station. He

was then taken to the

Station and waited for

approximately one (1)

hour and released

without any charges

being laid against him.

During the search, a

machete was found

underneath the carpet

of his car. He is

contending that as an

elected representative

the search could have

been conducted better.

13-Jun-12 Statement was collected from

complainant

FILE was sent to the Jamaica

Constabulary Force

Inspectorate Branch


41 Mr. C.

L.

Neglect of

Duty

Kingston Mr. C. L. reported that

he visited the Duhaney

Park Police Station on

the 6th of July 2012 to

give a report about the

theft of his truck and

was prevented from

submitting the

statement as the

officer from the

statement refused to

record it. The

concerned Officers are

P. and C., from the

Duhaney Park Police

Station.

12.07.2012 Statement collected

Notices prepared and sent to

concerned officers

Nov 5, 2012: received

responses from concerned

officers. FIR was prepared.

42 R.M.

Assault and

unlawful

wounding

Kingston

R. M. an Inmate at the

Horizon Remand

Centre was beaten by

a Correction Officer

on May 6, 2012. He

received a broken leg,

arm and injuries to his

left eye and left thigh.

10/5/2012

visited Tower Street as

inmate was transferred from

Horizon and recorded

statement. Obtain statements

from the concerned officers.

Received copy of prisoner‟s

injury report from the

institution. Requested copy

of medical certificate from

KPH. Recorded witness

statement of R. H.

Awaiting medical

report.


43 G. L. Assault Kingston G. L. reported that on

the 16/8/12 about 6am

he was physically

assaulted by a JDF

soldier when they

along with police

officers from Mobile

Reserve visited his

home.

29/8/2012 Diary entries collected

(August Town Police

Station). Prepared notices for

Mobile Reserve Officers

(Cons. I. and B.). Letter to

JDF prepared to have soldier

prepare statements.

Awaiting response

from soldiers and

police officers.

44 D. S. Assault Kingston D. S., a remandee at

the Gun Court

Remand Centre was

boxed in his face by a

police officer from the

centre who is well

known to him. The

incident reportedly

took place on 16/9/12.

18/9/12 Complainant Statement

collected, medical report

applied for.

Notices for officers prepared.

Received statements from

Sgt. B. P., D. M., C. R., R.

B., and S. S.

Awaiting medical

report from the

Comprehensive

Health Centre.

45 N. C. Assault Kingston N. C. reported that on

Tuesday Sept. 25,

2012 he was brutally

attacked by

Correctional Officers

from the Horizon

Remand Centre.

1/10/2012 Complainant statement

collected and medical

certificate applied for (KPH)

Medical Certificate

outstanding and

response from the

concerned officers.


46 K. M. Assault Kingston K. M. reported that on

the 27/9/12 a

telephone charger was

used to tie around her

neck causing her to

almost lose

consciousness and she

even urinated on

herself because the

police officers

(Elletson Road)

wanted her to take

them to her ex-

partners house. She

was also kicked in her

buttocks by one of the

male officers.

2/11/2012 Complainant statement

recorded, medical cert

applied for. Notice officers.

Medical Certificate

outstanding and

response from the

concerned officers.


47 D. D. Assault Mandeville

D. D. alleges that on

April 1, 2011 he was

beaten with a baton by

Officer F. at the

Mandeville Police

lockup. He sustained

injuries to his head,

shoulder and arm.

7/4/2011

Final Report Submitted on

11/9/11.

File was handed to the

Investigator for the Doctor to

sign Medical Certificate and

for complainant to furnish a

further statement. This was

done.

Notices were emailed to the

Mandeville Office to be

served on Det/Cpl. C., of the

Mandeville Police Station

with response date as 2011

December 28.

NB. This is so because

Det/Cpl. C., is the arresting

officer complainant.

The question as to whether

the complainant was

unlawfully arrested is to be

bourne out and if Set/Cpl. Is

to be charged for unlawfully

arresting the complainant as

he did not go to court for the

offence for which he was

charged.

Final Investigation Report is

to be done.

Awaiting response

from Det/Cpl. C.,


Final Investigation Report

completed and submitted on

12/4/10.


48

R. O.

o/c

„C. U.‟

Shooting

Injury

Oracabessa

St. Mary

On Tuesday, 2011

May 2 about 9:40am,

R. O. o/c „C. U.‟ and

„blacks‟, 24 years old

Higgler of Gully

Road, Boscobel and

Annotto Bay, St. Mary


by No. 12631

Detective Constable S.

M. at Quarter Deck,

Boscobel, St. Mary

when he allegedly

entered Constable

M.‟s private residence

armed with a firearm.

No firearm was

recovered and

Det/Cons. M., escaped

injury during the

incident.

24/5/2011


copied;

(2) Statement of A. O.,

(brother of R. O.,) recorded;

(3) Statement of mother of R.

O., recorded;

(4) Further statements to be

recorded from witnesses.

(5)BSI Interim Report

received;

(6) Clothing of R., has been

sent to the Forensic

Laboratory for testing of

gunshot residue and

stippling; Fl# 2241/2011

(7)Medical Certificate

received from the Port Maria

Hospital;

(8) Complainant statement

received;

(9) Application made for

Medical Certificate from the

Kingston Public Hospital;

Det/Sgt. T. B.,

is to be

contacted - re

a further report

in regards to

chain of

custody of the

firearm that

was seized and

Ballistic FL#

Awaiting Ballistic

Certificate from the

Forensic Laboratory

Awaiting responses

from W/Sgt. C., and

Det/Cpl. D.,

24-4-2012

Awaiting results

from Forensics Lab


(10) R. O., was telephoned

on 2011/8/23 in respect to his

matter at the Court, he

informed that his case has

been put off until September

2011;

(11)R.‟s, mother was

identified as the person who

took him to the Hospital.

She has been contacted on

several occasions to come

into office and give a

statement. Subsequent to the

telephone calls she attended

this office and had her

statement recorded;

(12) The Forensic Lab was

called on 2011/8/23

regarding the testing of

clothing that was delivered to

them. The Lab informed that

no testing has been done on

the item;

(13) On 2011/8/26 this

Investigator received

responses from Det/Cpl. H.,

of Area II Technical Services

Division along with viewer‟s

(ii) Det/Cons. S. M., (iii)

Det/Sgt. T. B., Miss B., is to


furnish a further report in

regards to chain of custody of

the firearm that was seized

and Ballistic FL#;

(14) A Notice was delivered

to be served on Det/Sgt. B.,

for her to clarify what she

meant by “I later caused...”

and for her to furnish copies

of the receipts and for the

exhibits she took to the lab;

(15) The Forensic Laboratory

was again contacted on 2012

February 24 at 3:10 p.m. and

informed that the Ballistic,

Chemistry and Biology

Certificates are not ready

because no one has been

charged in the matter. I

requested that the Certificates

be prepared.

(16) On Tuesday, 2012

February 28, this Investigator

was contacted by Cpl. H., of

the Government Forensic

Lab. He informed me that

the 9mm Browning Pistol

model BDA with serial

#516MM50138 that was

brought to the lab was test

fired and compared with the


9mm spent shell exhibit that

was taken from the scene.

Both are a match and that

charges can be laid against

the accused. The Certificate,

he said, would not be given

to INDECOM unless the

matter is before the Court.

Mr. M., has been apprised of

the situation.

(17) A request of the BSI File

has been made from the

Registrar and received;

(18) On 12/8/7 DOC M., met

with contact who extracted

information from medical

records. S. M., was in fact

treated by a doctor at Port

Antonio Hospital for fatigue

and several days sick leave

were recommended.


49 C. H.

Assault

St.

Catherine

The complainant, C.

H. alleges that she was

assaulted and verbally

abused by D/C R. J.,

of the Riversdale

Police Station when

she went there to

report a case of threat

9/26/2011

(1)Station Diary Entries

collected as well as Duty

Forecast Register

(2) Medical Certificate as

well as Medical Report

obtained from the Linstead

Hospital.

(3)Notices were sent to Cpl.

A. Clarke; Cons. D. S.,;

W/Cons. S. B., and D/C R. J.,

for response by 2011

November 23.

(4)Sgt. E., was the

Supervisor at the time of the

incident. He too was Noticed

but unfortunately I was

informed that he is on

suspension. Subsequently a

letter was sent to the

Assistant Commissioner of

Police requesting assistance

in confirming whether or not

Sgt. E.‟s, suspension has any

connection to the matter.


Submitted on 12/1/23.

Awaiting response

from Cpl. A. C.

Awaiting response

from assistant

Commissioner of

Police.


50 C. O.

M. Assault Kingston

C. O. M., an inmate at

the Kingston Central

Police Station is

reporting that he was

unjustifiably beaten by

Officer D., at the lock-

ups with a baton on a

Sunday in December

2011 which resulted in

him suffering a broken

left hand.

1/13/2012

(1)Statement of complainant

recorded.

(2)Medical Journal copied.

(3)Lock Up Diary copied.

(4)Prisoner in Custody Book

copied.


applied for and received.

(6) Relevant Station Diary

entries to be copied.


51 C. L. Assault St. Thomas

At approximately

12:48 p.m. on

Wednesday, 2012

January 25, Mr. C. L.

of Rowlands Field

P.A., St. Thomas

visited the offices of

INDECOM and

reported that on 2012

January 12 at

approximately 11:00

p.m. he was standing

at the shop that he

owns when police

personnel arrived in a

grey and blue Hilux

van. They jumped out

pointing their guns at

him. Inspector C. who

led the team searched

him, found nothing

incriminating on him

and sent him home.

Whilst in his yard and

talking on his phone,

two (2) officers

accosted him, one

told him to hand over

the phone and while

handing over the

phone the other

pulled him over a

barbed wire fence with

1/12/2012

(1)Mr. L., submitted a copy

of his Medical Certificate

from Dr. S., Win of 14A

Queens Street, Morant Bay,

St. Thomas. This is

consistent with the injuries

the complainant report in his

statement.

(2) Statement of O. B.,

witness, recorded.

(2)Station Diary entries

copied.

(3)Duty Forecast Book

copied.

(4) Notices served on Insp.

C., Sgt. R. S., Cpl. J.,

W/Cons. M. and Spl/Cons. C.

L.

(5) Response received from

Insp. C. and Sgt. R. S.

Awaiting response from the

other officers.

(6)2nd Notices were


Cpl. J., W/Cons. M. and

Spl/Cons. C. L.; awaiting

response.


makka bush and old

zincs, he fell and hit

his back which caused

him pain. He stated

that he was verbally

abused during this

process.

While being escorted

to the shop where

Inspector C., had just

searched him, he was

boxed in the face

several times and

again was searched,

handcuffed and taken

back to his house

where it was searched

and one of the officers

shoved his gun into his

mouth to the back of

his throat until he

vomited.

He and his friend O‟.

were being transported

to the Golden Grove

Police station where

O‟. was severely

beaten with a fat piece

of cane until it

thrashed out. He was

being continuously

boxed on the left side


of his face until his left

ear bled.

They were then locked

up at the Golden

Grove Police Station

from about

1:20 a.m. the Friday to

2:00 p.m. Their

photographs were then

taken before they were

released. They were

not charged for any

offence.


52 S. C.

Assault,

Destruction

of Property

&

Unprofessio

nal Conduct

St. Thomas

At approximately 1:45

p.m. on Tuesday, 2012

February 7, Mr. S.Cl.

of Spring Gardens,

Stony Gut, St. Thomas

visited the offices of

INDECOM and

reported that on 2012

January 31 at

approximately 8:00

a.m. – 9:0 a.m. in the

morning, he was at his

farm when a friend of

his informed him that

smoke was seen

coming from his

house. He immediately

left the farm and went

to his house and saw a

group of policemen

burning his beds,

barrel and his suitcase

with his church clothes

and Ten Thousand

Jamaican Dollars

($10,000.00) inside.

He left that location

and went to his

girlfriends‟ house.

Whilst there brushing

his teeth, he saw some

policemen, one of

whom pointed a tall

2/7/2012

(1)Mr. P. A., Incident Scene

Examiner, took photographs

of the complainant‟s injuries

that he complained of which

were visible.

(2)Prescription and Medical

Certificate received.

(3)Prisoner in Custody Book

copied.

(4) Station Diary entry to be

copied.


black gun at him, held

him into the front of

his shirt and told him

not to move, he

complied. He was

questioned and while

being questioned

another policeman

came in the yard, held

him into his pants

waist, dragged him to

the side of the house

where he was boxed

several times in the

face by both officers.

While being escorted

to the Morant Bay

Police Station he was

again questioned and

assaulted. He was

then locked up.

On Thursday, 2012

February 2 while in

the lock-up he was

taken in handcuffs

from the jail cell to

CIB Office where he

was beaten all over his

body with a baton and

thumped by two (2)

police officers who

took turns in beating


him causing visible

wounds to the back of

his head which bled.

A black scandal bag

was placed over his

face which was torn

off, rolled up and

shoved into his mouth.

One of three female

officers who was

present during the

duration of the

beatings came over to

him, grabbed him in

the throat causing him

to grasp for air with

his tongue sticking

out. He also reported

that her fingernails

scraped his skin.

On Saturday, 2012

February 4, the

complainant‟s mother

came to the Morant

Bay

Police Station and he

was released without

being charged for any

offence.

The Complainant

identified one of the


policemen who beat

him as Mr. W., whom

he had known before.

He also identified

another who was in

charge at the time and

the person who

released him. He

noted that his cellular

phone was taken from

him and has not been

returned.

53 N. N.

Assault,

Assault at

Common-

Law &

Threat

St. Thomas

At approximately

1:45p.m. on Friday,

2012 March 16, Mr.

N.N. reported that on

Friday, 2012 March 9

at approximately 7:35

p.m. he was standing

in his place of

business when

Sergeant P. S., and

Mr. C., of the Bath

Police Station drove

up. He was Searched

by Sergeant S., who

after searching him

and found nothing

illegal on him or

inside the shop, pulled

his firearm and

3/16/2012

(1)Receipt from the Morant

Bay Police Station received;


obtained;

(3)Notice delivered to be

served on Sgt. P. S.;

(4)Bath Police Station to be

visited and station diary

entries copied;

(5) On 12/4/17, the Morant

Bay and Bath Police Stations

were visited and Station

Diary Entries copied. While

at the Bath Police Station

W/Cpl. C., informed me that


pointed it at him while

threatening to kill him.

Mr. N. further alleges

that after he was

handcuffed by

Sergeant S., he was

pushed in the chest to

the ground where he

hit his back and Mr.

S., knelt in his chest

with both knees, bent

the handcuffs with his

left hand in it which

bled, causing extreme

pain, swelling and

bruises. Residents

around the area

gathered at the scene

when they heard the

complainants‟ cries

and intervened. The

complainant was later


for possession of

ganja.

Witness Version:

According to the

complainant, several

persons saw what had

happened and would

be willing to come in

office and have their

statements recorded.

the complainant was shot and

killed by an unknown

assailant on Monday, 2012

April 9 and that further

information can be had from

the Morant Bay Police

Station CIB Office. This

Investigator along with

Investigator C. went across

the road to where the

complainant had his shop and

spoke to a young lady and the

complainant‟s mother, Miss

C., who told me that N. was

sitting on a stool beside his

shop when a man rode up on

a bicycle and shot him, he ran

to the Bath Police Station

where he gave a description

of the person who shot him;

there were no vehicle to take

him to the hospital so the

police personnel had to come

out on the road and get a

vehicle to take him to the

Princess Margaret Hospital

where he died.

(6) On 12/6/1 statement of

Sgt. P. S., was received in

office;

(7) Letter dated 12/5/9 was

sent to Supt. M. S., re: Copy


of the Case File of the

complainant. No response

has been received;

Final Investigation Report is

being written and submitted

on 12/9/18.


54 M. J. Assault St. Thomas


p.m. on Friday, 2012

May 11, Miss M.J. of

Scott‟s Runn P.A.,

Portland visited the

offices of INDECOM

and reported that on

Friday, 2012 May 4 at

approximately 3:30

p.m. she was a

passenger on a bus to

Morant Bay, when a

man came onto the bus

and assaulted her.

The man then went on

his cell phone and

made several calls.

When the bus

had reached the

vicinity of the Princess

Margaret Hospital in

St. Thomas, it

was stopped by two

(2) uniformed officers

who ordered her off

the bus.

The complainant was

searched and no knife

was found in her bags

or on her person. She

was taken to the

Morant Bay Police

5/11/2012

(1)Notice delivered to be

served on the concerned

officer. Awaiting response.

(2) Medical Certificate

applied for.


received from the Princess

Margaret Hospital.

(4)2nd Notice delivered to be

served on Cons. A. G.


Station. Miss J.

complained of the pain

she was feeling in her

belly bottom and

subsequently received

a letter to take to the

Princess Margaret

Hospital where she

was examined, given a

prescription and sent

home.

She learnt that the

man‟s name as A. G.


55 M.M. Assault St. Thomas

Complainant, M. M. is

reporting that a police

officer used a gun to

hit him which caused

pain and wrongfully

charged him for

possession and dealing

in ganja.

6/13/2012


56 M .R. Assault

St. Thomas

M. R. is reporting that

on 2012 July 19 at

about 7:30 p.m. she

was at home when she

was informed that

police was searching

her 15 year old

nephew. After her

nephew was searched,

the police held onto

her niece informed her

that he was going to

charge her. While her

sister and niece were

walking towards the

police vehicle, she

said to her son, “boy

give me di phone”. As

he had it taking

pictures. One of the

officers then hit her in

her mouth which

oozed blood. She tried

to run and he grabbed

her by her blouse and

flung her onto the

barbed wire fence.

She sustained injuries

to her back when the

barb wire cut her. She

was further assaulted

7/24/2012 Investigation Commences.


when the officer used

his feet to stomp her in

the stomach. She was

again hit with an

object to the right side

of her jaw. She was

taken to the Yallahs

Police Station where

she was charged and

locked up. She

received treatment at

the Morant Bay Police

Station.


57 J.G.F. Assault Kingston

On 2012 July 6 at

about 11:21 a.m., Mr.

D. R., Assistant Clerk

of Court, Court 3, Half

Way Tree called on

behalf of Judge G.F.,

to report that the Judge

during her visit at the

Hunts Bay Police

Station was told by

inmates R.L.B., and S.

B., that they were

beaten while in

custody.

7/6/2012

(1)On Thursday, 2012

August 16 the Hunts Bay

Police Station Lockups was

visited and a report was

supplied by Inspector E. H.-

W.


58 F. L. Assault Kingston

Mr. L. is reporting that

on Saturday, August 4,

2012 he sought

assistance of bus fare

from police personnel

at the Gordon Town

Police Station. He

received thirteen

dollars from a police

officer. He informed

the officer that what

he had received was

not enough to pay his

fare so he asked to be

put on a bus. While he

was being assisted to

be put on a bus he was

suddenly chased away

the officer. He was

subsequently chased,

held, and beaten by the

officers who chased

him. He received cuts.

8/10/2012 Investigation Commences.


59 M. W. Assault Kingston


P.M. on Wednesday,

2012 September 12,

Mr. W of 10 White

Hall Avenue, Kingston

8 visited offices of

INDECOM and

reported that on

Sunday, 2012

September 9 at

approximately 4:30

a.m. he saw when a

policeman shot his

friend A. D., in the

right leg.

He ran to A., home

and told A.‟s mother

A. was shot by a

policeman.

On his way home from

A.‟s house he was

accosted by the same

police officer whom

he saw shot A along

with several others.

This police officer

punched him several

times on the left side

of his face (jaw) and

broke it. He felt pain

and a wisdom tooth

became loose.

9/12/2012 (1)Station Dairy entry

obtained.


He subsequently

visited the Kingston

Public Hospital where

he was informed by a

doctor that his jaw was

broken in two places.


60 F.D., Assault St. Thomas

Complainant, F. D.,

alleges that the

respondent hit him

with a baton and kept

him in custody for

almost three (3) weeks

then released him

without charging him.

10/25/2010

(1)On 2012/2/2 this file was

received from Mr. D.

(2)This Investigator is to

speak with DOC regarding

file;

(3)Investigator S., to

accompany me to St. Thomas

in an effort to find

complainant‟s locust and

record a further statement in

regards to properly identify

Det/Cons. T.


61 L. D. Fraud Portland

L. D. o/c S. is

reporting that Sgt. D.

C., of the San San and

Port Antonio Police

Stations changed his

cheques without his

knowledge and forged

his signature.

26/5/2011

(1)Recorded complainant‟s

statement;

(2) Complainant has been

contacted by the Anti-

Corruption Branch. Letters

were written to NHT and the

Ministry of National

Security.

(3)On 2012 January 5

Notices/Warrants were

served by me on Mrs. J. L.,

and Dr. L.-M. W., requesting

information as to whether or

not an application was made

to that office by Mr. D., or on

his behalf.


Submitted – 2012/6/2.

Awaiting response.


62 L.S. Assault St. Andrew

L. S. is reporting that

he was physically

assaulted (draped and

had his feet kicked

away) and verbally

assaulted (was told

expletives) by Cons.

D. and W/Det. Cpl. L.-

M. of the Flying

Squad.

11/7/2011

(1)Station diary entry copied

on July 21, 2011

(2)Notices are to be delivered

to

Mr. C. F. who refuses to

accept same because he was

not informed of changes;

(3) Notices were delivered to

be served on respective

officers.


Submitted – 2012/5/25.

Awaiting responses

from concerned

officers who are to

respond by

Thursday, 2011

August 18.

Superintendent C.F.

informed me that the

officers are on

leave. He will try to

have them respond

as soon as possible

On 2011/11/8 I

spoke with

Det/Supt. C. F., and

Supt H., who

informed me that the

officers were still on

leave.


63 G. C.

Death in

custody

(other

fatalities)

St.

Catherine

Mrs. J. C.l, mother of

G. C. who was an

inmate at the St.

Catherine Adult

Correctional Centre is

reporting that her son

was electrocuted to

death at the prison.

11/7/2011

(1)Three statements collected

from E. W., C.T. and V. H.,

Inmates of the St. Catherine

District Adult Correctional

Centre.

(2)Statements also recorded

from J. C., (mother) and

M.D., (cousin);

(3) Observed Post Mortem

Examinations on July 14,

2011.

(4)Copied Duty Roster of the

officers.

(5)Station Dairy Entry copied

and the Early Night

Occurrences from the

correctional facility copied;

(6) Copy of the burial order

received;


applied for and received.

(8)Superintendent Stone of

the St. Catherine Adult

Correctional Centre was

contacted re her statement

and that of the members of


staff. Information received is

that the statements were

forwarded to the

Commissioner of Corrections

Office.

Contact was made with that

office and this Investigator

was informed that the

statements were there to be

forwarded to this office.

(9) This Investigator

telephoned the Commissioner

of Corrections office on

11/7/29 and was transferred

to the Deputy Commissioner

office and was informed that

Mr. G.C., was not in office

and to call again;

(10)Statements from Acting

Superintendent „B‟ R. E.,

Acting Overseer J. P., Staff

Officers E. K, P., W, J. D, S.,

N and Mc. A. were received

on 2011/8/8;

(11) Statement of R.C., that

was recorded at the Post

Mortem by Cons. L., has

been received.

(12) Statement and viewer‟s

CD from Det/Cons. J. P., has


been received as well as

statement and Viewers CD

from Det/Cons. L. L., of the

St. Catherine Scenes of

Crime Unit

(13) Notices delivered to be

served the respective

Superintendents and Staff

Officers for the question and

answer session with date as

2012 January 17. Notices

were also delivered to be

served on Wardens for

statements with response date

as 2012 January 18.

(14) On 2011 January 6

returned Notices were

received from Mr. G.C., of

the Department of

Correctional Services with

stating that the officers

refused to accept the notices

because of the following

reasons/errors: - (a) the word

Warden should be replaced

with the word Correctional

Officer; (b) paragraph 1, line

5, which reads “…member of

the Jamaica Constabulary

Force” should read

…member of the

Correctional Services.


It should be noted also that

an apology letter is to be

written to Mr. C., and the

Notices re-served with the

corrections and a new date

for the Question and Answer

Session.

(15) Question and Answer

session was held and chaired

by Director of Complaints.

Awaiting typed transcript to

complete FIR.


64

B. P.

obo B.

P.

Assault,

Threat and

Illegal

Detention

Kingston

B. P. is reporting that

her brother, B P was

threatened, harassed,

assaulted and later

illegally arrested by

Mr. A. B., of the

Denham Town Police

Station

11/7/2021

(1)This Investigator received

this complaint on 11/8/11

(2)On 2011/8/16 B. P., was

contacted and asked to come

into office on 11/8/17 to have

his statement recorded. He

said that he would do so

(3)On 2011/8/26 this

Investigator telephoned both

complainants and Mr. P., in

trying to have him come into

office to give his statement.

The calls have gone

unanswered and in some

instances Mr. P., is always

not at home and I am to call

back;

(4) Final Investigation Report

Submitted.

(5) File returned and on the

instructions of DOC, Notices

were sent to Superintendent

A. B.

Response date Monday, 2011

November 14.

(5) Cell Diary entry recorded

from the Denham Town

Police Station.

Awaiting response

from Superintendent

A. B..


(6) Prisoner in Custody Book

was copied from the

Kingston Central Police

Station.

(7) Superintendent B., was

contacted by DOC on

2012/1/4 and he promised to

submit his report on Monday,

2012/1/9.

(8)On 12/4/20 the statement

of A. B., was received office;

(9) 12/5/14 Fourteen day

letter written and sent off;

(10) Final Investigations

Report Submitted on 12/6/14

& re-submitted on 12/9/19.


65 U. W. Non-Action

St.

Catherine

U. W. is reporting that

Sgt. D. S., of the Old

Harbour Police Station

refuses to sign the

Transport Authority

Release Form for his

vehicle after

11/7/2019

(1)Complainant statement

was recorded;

(2) Sir. Investigator G. W.

spoke to Deputy

Superintendent of Police G.

i/c Old Harbour Police

Station by telephone on

11/7/19 and outlined the

complaint of U. W., he said

that he was aware of the

matter. He asked that Mr.

W., be sent to him for the

release papers of the car to be

signed.

(3)On 11/7/21 this

Investigator called and spoke

to complainant enquiring as

to whether he had gone to see

Mr. G., as instructed. The

complainant informed that he

did not go as it did not make

any sense because he had

been to see Mr. S., on several

occasions. He also stated

that when he looked at the

car it was in a state of

disrepair so nothing made

any sense.

(4)Investigator was instructed

by Director of Complaints, to

write a Final Investigation

Awaiting further

response from DSP

G. and Sgt. S.


Report.

(5) Correspondence has been

received from the Public

Defender‟s Office.

(6) Final Investigation was

submitted on 2011/10/2/8.

However the file was

returned with instructions as

to whether or not the

complainant was ticketed.

(7) Statements were received

from DSP G., and Sgt. S.

(8) Further investigations

were carried out based on the

information received from

the statements and Final

Investigations Report re-

submitted.


66 C. B. Assault

Assault at

Common-

Law

St. Andrew C. B. is reporting that

she rented premises to

Inspector V. H., who

defaulted on his

payments and despite

the instructions of the

court for him to vacate

the premises and hand

over the keys, he has

not done so.

7/26/2011 (1)Complainant was

contacted and informed to

take in court documents.

(2)On 2011 November 15,

Miss Bravo attended this

office and informed me that

Inspector V. H. pulled his

firearm on her. On the

instructions of DOC she was

asked to come in office and

give a further statement to the

effect.

(3) Further statement

recorded from complainant

and she produced copy of

court documents.

(5) 12/4/27 DSP R. R.,

informed this Investigator

that Insp. V. H., had received

the Notice that dated 12/2/21

as it was served on him, he

however is not sure as to

whether the 2nd Notice was

served on him, he further

Notices to be

sent out to

Inspector V.

H.

Matter to be

discussed with

DOC.


67 D. T. Assault

Harassment

Misappropri

ation of

Property

Kingston The complainant, D.

T. is alleging that he

was assaulted and

harassed on different

occasions by police

officers attached to the

Denham Town and

Trench Town Police

Stations.

11/9/2029 (1)Letter dated 2011/11/1

was written to Miss A. D.,

Inspector at Establishment

Branch requesting

information regarding

regulations numbers of

unidentified officers.

(2) On 2012/6/2 DSP R. R.,

was contacted regarding the

non-response of DSP. C., he

informed me that he would

have dialogue with him and

contact me on Monday,

12/6/4.

Awaiting response

from Establishment

Branch

68 B. D. Misappropri

ation of

Property

Kingston The complainant B. D.

alleges that she had a

dispute with her

neighbour. The matter

was settled in the Half

Way Tree R.M. Court.

Since the settlement in

court, she has been

visited frequently by

police officers. On

2011 September 30

her home was visited

by the police again

and this time

Seventeen Thousand

Dollars ($17,000.00)

went missing.

2011 September

9

Letter dated 2011 November

1 was delivered to Miss A.

N., D., Inspector, at the

Establish Branch requesting

information regarding

regulation numbers 10765;

1055; and C7599.

Notices were served on DSP.

C., who failed to respond. A

copy of the relevant

information was placed on

file and submitted for the

attention of the

Commissioner.


69 M. D. Harassment Kingston The complainant,

M.D. is alleging that

he is being constantly

harassed, being

detained for lengthy

periods without being

charged and locked up

for days.

10/10/2011 The matter was discussed

with DOC who advised that

the complainant should be

contacted and asked to come

in office and give a further

statement pertaining to the

identity of the officers who

are constantly harassing him.

On several occasions I have

tried to get in touch with him

but his cell phone went

unanswered.

70 B. O. Misappropri

ation of

Property

Kingston The complainant B. O.

alleges that she was

unlawfully detained at

the offices of

Millennium Security

Company by Mrs. S.

E., CEO/Manager and

Mr. R., Senior

Operations Manager

who broke her laptop

while at the office.

The police was called

and she was escorted

to her home where her

CPU was dismantled

and removed.

10/12/2011 (1)Notices dated 2011

November 1 was delivered to

be served on (i) Sergeant L.

M. (ii) Constable B. (iii)

Inspector Mc. Responses

received from (i) & (ii)

respectively.

(2) On Tuesday, 2011/11/15,

this Investigator received

responses from Det/Sgt. M.

M. and Cons. D. B.

(3) I have been trying to

contact complainant by the

cellular number she gave in

her statement for information

garnered while the statement

of Det/M. M., unfortunately

the number rings without and

answer and is diverted

Awaiting response

from Inspector Mc.

and complainant


straight to voice mail.

4. On 12/1/10 complainant

visited this office and spoke

to Investigator R. She gave

him a new cellular number as

595-7890, a copy of a Search

Warrant that she had received

after her computer was taken

away was furnished. She

also explained that she really

needs her computer as her

son needs it for his School

Base Assessment

assignments.

5. On 12/1/11 Det/Sgt. M. M.

was contacted regarding the

status of the computer that

was seized from the

complainant‟s house. He

informed me that checks

were still being carried out on

it. I then asked him for a

copy of the receipt he

received from the Cyber

Crime Unit. Same was

delivered to me with CFCU-

REF# 1231/11.

6. This Investigator tried to

get in touch with the

complainant for an update

into the matter; however, her

pone went unanswered.

7. On 2012/6/28 Insp. L.,

assured me that he would


have dialogue with Insp. Mc.,

regarding his non-submission

of statement to INDECOM‟s

Notices

71 Mr. J.

C.-S.

Assault

Damage to

Property

Kingston Mr. J. C.S. is reporting

that while members of

the security force were

carrying out

operations, one of

them went atop his

kitchen roof which is

made from zinc fell

through. He is also

alleging that he was

grabbed in the throat

and boxed by the

police officers.

10/20/2011 1) The matter was discussed

with DOC.

(2)Mr. C., Chief Incident

Scene Examiner, went and

visited the scene. He took

pictures of the damaged

property. He has submitted a

report which is on file.

(3)(a) Letter was delivered to

Mr. R. J., Acting Deputy

Clerk of Courts, Half Way

Tree R.M. Court requesting a

copy of Court‟s File; (b)

Notice was delivered and

served on DSP H. W. of the

Elletson Road Police Station

and (c) Letter with original

Awaiting response.


quotation was served on DSP

W.

(4)Station Diary entry and

Prisoner in Custody Book

were copied from the

Mountain View Police

Station.

(5) Statement with proof of

Notices served on DSP. H.

W. who has not responded is

with the Legal Department.

72 Mr. L. Wrongful

Detention;

Harassment

and Assault

Kingston Mr. L. is reporting that

since the latter part of

2010 he has been

constantly harassed,

beaten and locked up

by officers from the

Half Way Tree Police

Station

11/7/2011 (1)On 2011/11/14 Mr. L.,

was contacted for him to

furnish me with his lawyer‟s

telephone number.

The number was given but

unfortunately the phone rang

unanswered.

(2)On 2011/11/22 Mr. L.,

contacted me and I had

dialogue with his Lawyer,

Mr. P. K. who informed me

that he would be forwarding

a copy of Mr. L., statement to

me as soon as possible. To

date, this has not been done.

(3)Complainant was advised

to come in office and give a

further statement. On

Awaiting response

from complainant


2011/11/20 Mr. L., visited

the offices of INDECOM but

was unable to give dates or

times as to when he was

locked up or harassed by the

police officers. He is also

unable to identify the officers

who are constantly harassing

him.

(4) On 2012/6/2 Mr. L., was

contacted and he informed

me that he is still being

harassed but cannot

remember the dates but he is

aware that the last time was

about three months ago;


73 A. C. Assault

Misappropri

ation of

Property

Kingston A.C. is alleging that he

was physically

assaulted by three

policemen when he

refused to go inside

their service vehicle.

He also alleges that

$4,500.0 was taken

from his car.

(1)Investigations

Commences;


copied from the Denham

Town Police Station;

(3)Letters dated 2011/12/14

were delivered to Miss J. A.,

of the Traffic Court and Mr.

R.J., of the Half Way Tree

R.M. Court requesting copies

of the court files. Awaiting

responses;


be served on Cpl. D. T.

(5)Response has been

received from Cpl. D. T.;


be served on Cons. K. W. and

Cons. S. I. of the Denham

Town Police Station.

Awaiting responses.

(7)SSP L., was contacted on

12/5/1 at 1:30 p.m. and he

informed me that there is no

such ticket (DN113945116)

in the system as all the tickets

begins with 2-3 zeros, he

would make further checks

and get in touch with me as

Hold until the

outcome of

case before the

court.


soon as possible;

(8) Upon making further

checks SSP L. informed me

that the complainant has

several outstanding traffic

tickets and that the number is

his Driver‟s License # and

TRN the officer who wrote in

the diary made a genuine

mistake. At 11:01 a.m. on

12/5/3 an Offender‟s Profile

was received from SSP L.,


74 A. S. Abuse of

Power

Kingston

A. S. is reporting that

he was unfairly

detained and charged

by police personnel

2011 December

13

Investigation Commences.

1. On 2012 January 9, the

complainant was contacted

and asked to take his bail

bond into office on

Wednesday, 2012 January 11

so that it could be copied.

2. 2012 January 9 Station

Diary and Prisoner Charge

and Property Book entries

were copied.

3. 2012 January 10 Notices

were delivered to be served

on X1464 Spl/Cons. M. F., of

the Island Special

Constabulary Force with

response date as Friday, 2012

January 20.

4. Spl/Cons. M. F., who has

responded to same.

(5)Mr. S. was contacted

regarding his scheduled

Court date. He informed me

that he is to appear in Court

on 2012 March 20;

(6) Awaiting outcome of

Court proceedings.


75 M. T. Assault &

Abuse of

Power

Kingston M. T. is reporting that

he was stopped by the

police for traffic

offence and despite

producing a picture ID

and documents he was

arrested, assaulted and

charged at the

Duhaney Park Police

Station.

2011 December

22

Investigation Commences.

1. On 2012 January 6


and asked to take his wife

(witness) into office to give a

statement

2. 2012 January 9 Notices

were delivered to be served

on Sgt. J. A. A., of the

Motorized Patrol Division

with response date as Friday,

2012 January 20.

3. 2012 January 10 Station

Diary and Prisoner Charge

and Property Book entries

were copied from the

Duhaney Park Police Station.

4. Complainant‟s wife

attended this office and gave

a statement.


copied from the Duhaney

Park Police Station.

(2)A 2nd Notice was

delivered to be served on Sgt.

A. A., of the Motorized

Patrol Division; Awaiting

response;


(3) On 12/3/14 the statement

of Sgt. J. A., was received in

office.

(4) On 12/4/18 the statement

of Cons. C. H., was

submitted in office.

(5) On Saturday, 2012 4/28

complainant telephoned this

Investigator to say that the

said matter he had before the

Court with Sgt. A., he no

longer wishes to pursue

because the case was thrown

out as Sgt. A., did not turn up

for Court.

(6) On 12/6/2 the wife of


after several attempts to get

in touch with him. She was

told to inform the

complainant about attending

the office to sign a

withdrawal form. He has not

communicated with this


76 Ms. M. Assault and

Threat

Kingston Miss M. is alleging

that she was physically

assaulted and

threatened by a female

police officer #14192

S., when she went to

the Hunts Bay Police

Station on March 6,

2012.

12/3/2008 (1)Hunts Bay, Olympic

Gardens and Duhaney Park

Police Stations are to be

visited and Station Diary


File has been

handed over to

Senior

Investigator S.,

as a result of

recusal.

77 Mr. F. Assault and

Assault at

Common-

Law

Kingston Mr. F. is alleging that

on 2012 March 15

while he was at his

place of business he

was assaulted by an

Inspector of Police

from the Constant

Spring Police Station.

He further alleges that

he was arrested and

charged, and after

being bailed returned

to place of business

where another set of

police officers a

Corporal and a

Constable arrived.

While there the

constable pulled and

pointed his 9mm

Glock pistol at him

and both officers

assaulted him.

3/15/2012 (1)Constant Spring Police

Station to be visited to record

station diary entries;

(2) Station Diary entry

copied from the Constant

Spring Police Station;

(3) Notices were delivered

and served on Cons. D. L.,

and D/Cons. G., D/Cons. G.,

has responded, no response

has been received from Cons.

D. L.,

(4) Cons. J. K., to respond to

Notices that was delivered to

be served on him;


78 C. L. Corruption

and Conduct

Unbecoming

Kingston C. L. is reporting a

case of corruption and

conduct unbecoming.

4/10/2012 This file has been looked at

by Senior Investigator G. W.,

and through discussions it

was decided that the file is to

be submitted to Inspectorate.

79 Cons.

E. R.

Kingston Cons. E. R. is

reporting that on

2012/1/19 while he

was at home sleeping,

Det/Sgt. D. B., et al of

OCID came to his

home and drove away

his 1995 white Nissan

Sunny m/car. The car

has not been returned

nor has the title.

2012/4/10 (1)On 2012/6/25 Discussions

held with the Director of

Complaints, Mr. M., and

Chief Investigator, G. W.,

where the decision was taken

that the file should be held

and not sent to Inspectorate

Branch until the DPP has

ruled.


80 R. F. Assault Kingston R. F. is reporting that

his brother D. F. was

beaten at his home on

Saturday, 2012 June 9

at about 9:00 a.m., he

was then taken from

the home and

transported to the

Grants Pen Police

Station where again he

was severely beaten

and placed into

custody.

6/11/2012 1) Statements of three (3)

witnesses were recorded.

(2) Investigator E. R. and

Incident Scene Examiner, P.

A., visited the Grants Pen

Police Station with a view to

interview Mr. F., and

photograph his injuries.

However, they were

prevented from doing so as

they were informed that the

complainant was for an

Identification Parade.


copied. The officer on duty

at the time refused to sign

same.

81 Miss

G. N. Assault St. Andrew

Miss G. N. has

reported that D/C Mc.,

of the Constant Spring

Police Station whom

she knew pushed her

in her chest after she

refused to accept a

summons he was

serving on someone

6/12/2012 Investigation commences.


else.


82 J. T. Shooting

Injuries

St.

Catherine

Complainant J. T. was

said to be at home

when police officers

attached to the

Linstead Police

Station kicked off his

gate, asked him where

the gun was and then

shot him.

Aug. 11, 2011

1. Victim statement collected

2. 1 witness statement

collected

3. Crime Diary entry

collected

4. Medical Certificate applied

for

5. Notice sent to concerned

officers

6. Statements rec. from 3 of 4

officers

7. Medical certificate

received

8. Called Sgt. R., who

advised that statement is

ready and will be delivered

within week of Jan. 23.

9. Court file requested


Sgt. Radcliff

DOC Review

29-02-2012

1. February 20, 2012 spoke

to Sgt. R., who could not

give me a court date and

efforts to reach complainant

futile. Not living at the

address given. Telephone

numbers not working.

2. 25/9/12 attempt to contact

both complainant and eye

witness proven futile.

Outstanding:

1. Efforts made to

obtain a copy of

Gun Court file

proven futile as last

date is unknown.

2. Efforts made to

contact the initial

investigator as it is

very difficult to find

him to get an update

on the case before

the gun court.


Telephone numbers 4262058

& 5815119 out of service.

Also investigations revealed

that D/Sgt R., has been

transferred to Constant

Spring police Station but he

is currently on vacation

leave. Efforts are been made

to obtain a copy file from

Gun Court. Provisional FIR

to be done.


83 D. S. Assault Kingston

Complainant D. S.

alleges that he was

boxed in the face

several times by Spl.

Cons. F., which

resulted in him

seeking medical

treatment

Aug. 26, 2011

Sept. 15, 2011

1. Victim statement on file

2. Copy of JCF customer

reference form


4. Concerned officers noticed

5. Concerned officers

statements received

DOC Review

29-02-2012

6. Complainant told

investigator by way of

telephone in December 2011

that he was mistaken as to the

identity of the officer who

assaulted him. Not sure who

hit him. Complainant never

kept any appointment for

meeting with investigator.

7. Concerned officer was on

sick leave at time of the

incident and Medical Cert

submitted in support of this.

See also see Supt. Of Port

Maria P/S

8. Medical Cert received on

file.

9. It has been revealed that

the suspect in this case is not

Spl Cons F, but Cons K. H.,

10. 26/9/12 Review of file

with CI W., re eye witnesses

27/9/12

FROM CI W.,

FILE

TANSFERED

TO THE

SPECIAL

CASE UNIT

(SCU) FOR

COMPLETIO

N.

Outstanding:

1. Serve notice on

Cons K. H., for

statement.

2. Record a further

statement from

complainant who

appeared that he is

totally confused as

to the identity of the

Policeman who

assaulted him.

3. Interview eye

witnesses L. B., and

J. S., of St. Mary.


and complainant in reference

to the Policeman identity.


84 C.B. Assault Kingston

Complainant C. B.

alleges that he was

beaten by Correctional

Officers while in

custody at the Horizon

Remand Centre

08.11.2011

11.11.2011

1. Statement collected from

complainant

2. Medical Journal copied

3. Statements from

correctional Officers received

Outstanding:

FIR to be done as

complainant was

examined by a

doctor but he

refused treatment,

hence file to be

closed.


85 A. B. Unlawful

Detention St. Thomas

Complainant A. B.

alleges that she and

her 74 years old

mother H. B., were

detained by police

officers, forced to give

and signed statements

and placed into Lock

Up without food and

medication.

21.02.12

27.02.12

1. Messrs. R. and E., to

record witness statement on

visit to St. Thomas

(24.02.12)

DOC Review

29-02-2012

2. Collected two witness

statements and Station Diary

Entries.

3. Prisoner in Custody Book

was also copied.


5. 4 of 6 statements received

6. Spoke with DSP S., about

outstanding statements.

7. Letter and Notice delivered

to be served on Cpl. F. T., at

Morant Bay PS.

8. Received copy file from

D/Sgt G. Morant Bay CIB:

Three statements from A. B.,

H. B., and E.B.,

Outstanding:

1. Statement from

Cpl. F. T.

2. FIR to be done.


86 S. G.

Malicious

Destruction

of Property

Kingston

Complainant S. G.

alleged that the police

returned two lap top

computers to him

damaged after they

were seized by the

police

14.03.12

16.03.12

1. Copied General Property

Book

2. Delivered notice for

concerned officer

3. Spoke with concerned

officer Re: statement

4. Several telephone calls

made to Hunts Bay Police

Station to contact D/Cpl. B.,

proven futile.

5. 27/9/12 Contact D/Cpl B.,

who informed me that

complainant G., has died.

6. Call complainant‟s and

spoke with an A. H., visitor

from Africa who confirmed

that G., is now deceased. He

promised to visit INDECOM

office and hand over funeral

program for G.


87 M. B. Assault St. Thomas

Complainant M. B.

alleged that her son O.

F., was beaten by

police officers and

detained Unduly long

04-05-12

10.05.12

1. Med Cert Applied for

2. Victim‟s statement

recorded while in custody

3. Prisoner in custody book

copied

4. Prisoner charge and

property book copied

5. Station Diary copied

(Bath)

6. Prisoner Remand book

copied

7. Prepared and deliver

Notices to be served on

D/Cpl. B., Cpl. H.

8. Diary entry copied at

Morant Bay PS.

9. Received Medical

Certificate.


88 D.P. Assault Kingston

Complainant D. P.

alleges that he was

beaten by police

officers which resulted

in him being

hospitalized and

underwent operation

for internal bleeding

Sept. 7, 2011

Sept. 13, 2011

1. Complainant contacted for

further statement and witness

statements to be recorded

2. Further statement recorded

3. Witnesses not willing to

come forward


5. Prisoner charge and

property book copied

6. Medical report applied for


2 of 4 officers

8. Two concerned officers re-

noticed to give statements

9. Spoke with DSP E., about

officers not submitting

statements


concerned officers

11. Rec. Med Cert.


89 D. B. Assault Kingston

Complainant D. B.

alleges that he was

beaten with baton and

folding chair by


at Tower Street Adult

Correctional Centre;

after he urinated in an

open area and did not

throw water on it.

30.05.12

1. Statement recorded from

complainant

2. Medical Journal copied

3. Prison Injury Report

copied

4. Statements received from


5. Med. Cert applied for

6. Letters sent to MNS and

Public Defender‟s offices

requesting copy of file.

7. Received copy file MNS

Outstanding:

Medical Certificate

from KPH

90 J. D.

Misappropri

ation of

property

St. Andrew

Complainant J.D.

alleges that he was

detained by police and

his personal

belongings taken by

police officers at the

Constant Spring Police

lock Ups. His

Blackberry Torch was

not returned upon his

release

26.01.12

31.01.12

1. Prisoner Charge and

Property Book copied

2. Duty Roster copied

3. Concerned Officers

noticed


concerned officers

5. Contacted Spl. Cons J., at

CFCU on 4684779 re data

which is not completed as

yet.

Outstanding:

Phone data from

Spl. Cons. J., at

CFCU


91 D. H. Assault St. Thomas

Complainant D. H.

was allegedly assault

by a group of men

suspected to be Police

officers (Morant Bay

PS) while he was at a

dance in Prospect, St.

Thomas.

Aug. 7, 2012

Aug. 17, 2012

1. Received complainant

statement.

2. Copied station diary entry

#53 dated 15/8/12

3. Application made for

Medical Certificate at

Princess Margaret Hospital.

4. Notice delivered to be

served on Cpl. G. H., St.

Thomas Division.

5. Contacted complainant‟s

cell re; eye witness without

success but a message left.

Outstanding:

1.Witness statement

2. Concerned

officers statements

3. Medical

Certificate.


92 C. T. Assault Kingston

Complainant C. T.

alleges that he was

beaten with baton by a


during an altercation

on Security post #21

of the Horizon Adult

Remand Centre.

June 26, 2012

August 13,

2012


complainant


Correctional Officers without

declarations

3. Received Med. Cert

4. Eye witness Remandee J.

S. was interviewed but

refused to give a written

statement.

5. Letter and Notices


Correctional officers for

statements with declaration.

Outstanding:

1.Statements with

declarations attach

from correctional

officers.


93 P.M. Assault St. Andrew

Complainant P. M.

reported the alleged

assault on behalf of

her son K. M. which

took place at the Hunts

Bay Police Station

Lock-ups. It is alleged

that during a fracas

Dist Cons M. G., used

a padlock and hit M.

in his face.

Aug. 30, 2012

Aug. 31, 2012


complainant

2. Attended Hunts Bay PS

and interview victim who

received treatment at

Olympic Gardens Clinic.

3. 6/9/12 M. transferred to

Gun Court Remand Centre.


M., and apply for medical

certificate.

5. Apply for copy file from

Hunts Bay CIB.

6. 26/9/12 M. and his mother

informed me that they

decided not to proceed

further with this matter and

they wish to settle it out of

court with DC G. They were

advised to consult with their

lawyer and notify me.

7. Received copy file from

Hunts Bay CIB.

Outstanding:

1. Medical Cert

2. Eye witness

statement.


94 W. G. Assault St. Andrew

Complainant W. G.

reported the alleged

assault on behalf of

her brother D. S.,

which took place at

the Gun Court

Remand Centre. It is

alleged that during a

fracas Sergeant M.,

boxed S. twice in his

face.

Sept. 16, 2012

Sept. 18, 2012


S., and apply for medical

certificate

2. Checks made but found no

records of this incident in the

Station office.

3. Spoke with A/Insp P., Sub

Officer in charge of station

who promised to give a

statement in this matter.

4. Notice prepared for Sgt.

M.

Outstanding:

1. Medical Cert

2. Eye witness

statement.

95 B. W.

Assault /

Conduct

Unbecoming

St.

Catherine

Complainant alleged

that he was assaulted

by his employer (a

police personnel) and

his friend on 11/04/10

20/10/2010 i. Sent Notice.

ii. Visited police station.

FIR submitted

(24/11/11).


96 D. D.

Assault

St.

Catherine

Complainant alleged

that he was physically

assaulted by six (6)

police personnel on

12/12/10.

15/12/10

i. Visited police station and

recorded entries.

ii. Sent Notice

iii. Applied for Medical

Certificate.

27-06-2012

FIR formatted and to resend.

FIR to be

submitted.

97 K. P. Assault Kingston /

St. Andrew

Complainant alleged


by a policeman

without just cause.


98 D. F. Shooting

Injury

Kingston /

St. Andrew

INDECOM received

information that a man


in the May Pen

Cemetery on 25/06/11

25/06/11

i. Medical Certificate still

outstanding.

ii. In dialogue with police

investigator as they

contemplate compensation.

v. Sent Notices.

10-5-2012

vi. Received responses and

recorded additional

statements re identification

purposes

27-06-2012

Complainant and witness

gave statements expressing

their willingness to

participate in ID parade.


99 P.S. Assault

St. Thomas

Complainant alleged

that she was at a party

when two police

personnel entered the

premises. Both ran to

the rear of the

premises and a single

loud explosion was

heard. While

questioning the

officers, she was

assaulted by one.

9/1/2012

i. Copy all relevant station

records.

ii. Record witness statements.

iii. Sent Notices.

10-5-2012

iv. Responses received.

27-06-2012

Applied for court documents.

Still outstanding

10-5-2012

To apply for

Court

documents

25-04-2012

Investigator to

obtain court

documents.

100

R.J.

obo

M.

Mc.

Assault St. Thomas

Complainant alleged

that her son was

beaten by the police

while still in custody

(31.05.2012)

4/6/2012

Recorded victim statement

Recorded entries from the

Prisoner In Custody Register,

Prisoner Charge & Property

Book, Diary Entries and

Medical Journal.

Sent Notice

Applied for Medical

Certificate.

Responses

Outstanding


101

INDE

COM

obo

C.P.

Shooting

Injury St. Thomas

Complainant alleged

that he was a

passenger aboard a

taxi which was

stopped by the police.

A passenger alighted

with gun in hand fired

at the police who


he was injured in the

process.

5/6/2012

Recorded diary entries,

Firearm and Ammunition

registers, crime diary entry,

victim statement, eye-

witnesses (passengers aboard

the taxi), Prisoner In Custody

Register and Prisoner Charge

and Property Book

Sent Notices.

Responses

outstanding

102 K.J. Assault Kingston

Complainant alleged


by police personnel on

9/5/10

10/5/2010

i. Sent allegation letters and

received responses.

ii. Visited police station – no

record found.

iii. Girlfriend of complainant

display unwillingness to give

statement.

FIR submitted

(24/11/11).

Unable to identify

witnesses.


103 S. M. Assault Clarendon

Complainant alleged

that she was assaulted

by a policeman whom

she knew while

awaiting transportation

on 23/04/2010)

7/5/2010

i. Sent Allegation letter.

ii. Visited the scene.

iii. Received Medical

Certificate.

further follow-

up to be done


104 K. D.

Assault and

Abuse of

Power

Kingston

Complainant alleged

that her child‟s father

(who is police

personnel) assaulted

her.

23/06/2010

i. Record Diary Entry

ii. Sent Notices

10-5-2012

iii. Identified police

personnel who is now

transferred to Kingston

Central Division and sent

Notice.

FIR to be

assembled,

then

submitted.


105 S.D. Assault Kingston/

St. Andrew

Complainant alleged

that she was pushed

and received blows to

her chest by policeman

known to her as N. S.,

on 01/07/2010

2/7/2010

i. Sent allegation letter.

ii. Wrote to complainant

requesting certain critical

documents.

iii. Met with complainant

who expressed no further

interest in the matter.


106

INDE

COM

obo

L.R. et

al

Shooting

Injury /

Illegal

Detention

St. Andrew

INDECOM

commenced

investigation into an

alleged shooting injury

of two men by the

police in Lawrence

Tavern, St. Andrew

(17/08/10)

18/08/10

i. Visited lock-ups (Constant

Spring P/S).

ii. Recorded statements.

iii. Visited scene and

recorded witness statements.

iv. Visited police station –

recorded relevant entries.

v. Sent Notices.

i. Matter before the

Courts.

ii. One complainant

not co-operating.


107 N.W. Assault St.

Catherine

Complainant said that

he was at work on

2010/10/19 when he

was assaulted by a

man who was later

identified as police

personnel.

12/11/10

i. Sent Notice.

ii. Visited police station and

recorded entries.

iii. Recorded witness

statement.

Matter before the

Court.

Witnesses not co-

operative.


108 D.H. Assault /

Threat Clarendon

Complainant alleged

that he was physically

assaulted by police

personnel at the Lionel

Town Police Station

Lock-up (26/11/10)

9/12/2010

i. Applied for Court

documents.


extracted entries.

iii. Record witness

statements.

iv. Applied for Medical

Certificates.

FIR to be done


108

J. B.

obo

O. D.

Assault Portland

Complainant stated

that she was at work

on 01/03/2011 when

she received

information that her

son was being beaten

by the police.

3/3/2011

i. Visited the police stations

and recorded relevant entries.

ii. Recorded witness

statements.

iii. Sent Notice

27-06-2012

Last court date was June 19,

2012. Called complainant on

June 25, 2012 and no

response even though

messages were left

Matter still before

the Court.


109 C.B. Assault Kingston /

St. Andrew

Complainant alleged

that she had finished

an assignment on the

early morning of

07/03/11 when the

vehicle was stopped

by police personnel,

one of whom assaulted

her.

10/3/2011

i. Visited the police station

and recorded entries.

ii. Received Medical

Certificate.

iii. Received picture from

complainant.

iv. Sent Notice.

v. Received a statement from

the Inspector.

FIR submitted

(25/08/11).

27-06-2012

Applied for court

documents. Same

still outstanding.


110 K. C.

Shooting

Injury /

Assault Kingston /

St. Andrew

INDECOM received

information that a man


in the Franklyn Town

area on 02/05/11.

21/05/11

i. Attended police stations –

recorded entries from Station

Diary, Lock-up Diary;

perused Medical Journal.

ii. Recorded statement from

eyewitness and victim.

iii. Sent expended spent shell

to lab.

iv. Sent Notices.

i. Response

outstanding.

ii. Ballistic and

Forensics

Certificates

outstanding.


111 M.H.

Assault /

Conduct

Unbecoming

Kingston

Complainant alleged

that she was injured by

the nozzle of a

policeman‟s firearm

and neither he nor his

colleague attended to

her initially.

29/07/11

i. Applied for Medical

Certificate.

ii. Recorded entries from

Station Diary.

iii. Notice sent.

Medical Certificate

and witness

statement

outstanding.


112 H. L.

et al

Shooting

Injury

Kingston /

St. Andrew

Complainant alleged

that he was willfully

shot and injured by the

police who wrongfully

accused him

29/11/11

i. Attended stations and

recorded entries.

ii. Spoke to victims

i. To record

statements

from victims.

ii. To apply for

Medical

Certificate

To apply for Court

documents.


113 K. A. Assault Kingston

Complainant alleged

that he was willfully

assaulted and injured

by the police who

wrongfully accused

him

10-5-2012

Met a brother of the

complainant while

performing duties at the

Central Police Lock-Up and

sent message for complainant

to contact investigator.


114 A. B. Assault Kingston

Complainant alleged

that he was at home

when police personnel

walked into his house

and assaulted him.

While seeking medical

attention, he was

accosted and locked

up.

3/1/2012 i. Check station records.

ii. Apply for Medical

Certificates

iii. Record additional

statements

iv. Try and identify police

personnel

115 T.M. Assault Kingston


her neighbour who is a

police personnel

constantly plays his

music loudly,

disturbing her. After

the intervention of the

police, she was

allegedly assaulted by

him.

23/01/2012

Record Diary Entry and gave

Medical Certificate Forms to

complainant for her doctor to

complete.

Medical Certificate

Response from

concerned officers.

To get witness

statement.


116 F. G. Assault St. Thomas Complainant alleged

that he was grabbed in

the neck and pushed

against the counter by

police personnel

whom he knew. The

latter incident

occurred inside the

Guard Room of the

Golden Grove Police

Station.

9/1/2012

i. Record entry from the Duty

Forecast Book and Diary

Entry.

ii. Applied for Medical

Certificates.

iii. Record witness

statements.

iv. Sent Notices.

10-5-2012

v. Contacted both police

personnel‟s department and

enquired about outstanding

statements.

02.07.2012

Concerned officers contacted

re outstanding statement June

2012


117 F. M. Assault Kingston Complainant alleged

that he had a brief

altercation with

another motorist while

driving along the

roadway when he was

slapped in the face and

had firearm pointed in

his direction.

9/2/2012 i. Request information from

the Inland Revenue

Department.

ii. Record witness statement

10-5-2012

Response and

witness statement

outstanding.

118 M.V.S. Assault

Kingston

Complainant alleged

that she was assaulted

by a policeman in the

downtown Kingston

area, unjustly.

13/02/2012

Collect station records.

Gave medical forms to

complainant to be completed

by medical personnel.

Communicated with

complainant re eye witness.

10-5-2012

Response and

witness statement

outstanding.


119 E.T. Assault /

Threat Kingston

Complainant alleged


and threatened by a

motorist with whom

he had an accident.

The motorist happened

to be police personnel.

4/3/2012

Recorded entries from the

Station Diary.

Received Medical Certificate.

10-5-2012

Notices sent.

02.07.2012

Additional Notices to be sent

based on responses.

To record

other witness

statements.

Responses and


outstanding


120 L.F.

Assault and

Unlawful

Arrest

St.

Elizabeth

Complainant alleged


then arrested by a

policeman while

attending the wake of

a relative.

29-01-2012

Recorded station records.

Sent Notices.

Photograph injuries.

Applied for Medical

Certificates.

Recorded witnesses‟

statements.

02.07.2012

Medical Certificate obtained.

One witness statement

outstanding

Response from police still

outstanding and in touch with

Cpl M., of Black River P/S

To record

other witness

statements.

Responses and


outstanding.


121 E. K. Non-Action Kingston

Complainant was

injured by a man

(27/1/10) who

admitted to the police

that he injured the

complainant. Decisive

action was not taken.

3/2/2010

i. Sent notices.

ii. Record diary entries.

iii. Applied for and got

medical certificates.

iv. Applied for and got court

documents.

v. Requested information

from FLA.

To get information

from FLA.

122 P. M. Conduct

Unbecoming

St.

Catherine

Complainant was

accosted by the police

(9/2/2010) who

pointed a firearm at

him.

16/2/10

i. Sent Notices.

ii. Recorded witness

statements.

iii. Visited police station – no

records found.

25-04-2012

FIR to be done in

preparation to

submit file to

Inspectorate


123 N. S.

Illegal Entry

Seizure of

Property and

Threat

Kingston

Complainant alleged

that police personnel

(9/3/2010) visited her

home and destroyed

properties belonging

to her nephew and

seized others.

11/3/2010

i. Sent Notices.


copied relevant entries.

iii. Consulted with

Commissioner.

iv. Completed FIR.


124 P. M. Threat Kingston /

St. Andrew

Complainant stated

that Supt. H.,

threatened the life of

her son while

conducting an

operation on 7/4/10

7/4/2010

i. Sent allegation letter,

followed up with a letter to

the C.O.P.

ii. Contacted the complainant

regarding witnesses but none

has come forward.


125 V.H. Illegal Entry

Conduct

St.

Catherine


she was taken from

her house along with

certain belongings and

taken to the Spanish

Town Police Station

by Cpl. S. M., on

27/3/10.

22/04/10

i. Sent Notice.

ii. Visited police stations to

record entries.


statements.

25-04-2012

FIR to be

typed.


126 M.B.

Assault

Threat

Conduct

Unbecoming

Kingston

Complainant alleged


and verbally abused by

unidentified police

personnel on 1/5/10

3/5/2010 Efforts to identify police

personnel still unsuccessful.

127 E. A. Threat Kingston/S

t. Andrew

Complainant alleged

that death threats were

sent to him by Supt. H.

17/05/10

i. Sent allegation letters.

ii. Sent Notices.

iii. Received copy of Diary

Entry and Witness statement.


128 S. K. Non-Action Kingston

Complainant alleged

that her son was

abducted by men

known by the police

who refused to assist

in finding her son or

make an arrest

(4/9/10)

14.06.2010

i. Sent allegation letter, called

Area 4 for responses

ii. Tried to contact

complainant

i. Response still

outstanding

ii. No response from

complainant

129 H.G.

Assault/

Conduct

Unbecoming

St.

Catherine

Complainant alleged

that he was assaulted,

ridiculed and

discriminated against

by the police on

23/6/1010

24/06/10

i. Sent allegation letter.


recorded entries.

iii. Received Medical

Certificate.

iv. Sent Notices.

27-06-2012

Letter to retrieve court

records to be typed

Witness statement

and court documents

outstanding.


130 F.M. Conduct

Unbecoming Portland

Complainant alleged


visit his home while

he was absent, threw

out his clothes which

were then removed by

NSWMA personnel.

29/06/10

i. Wrote to the Spt. of Police

to try and properly identify

the police personnel.

ii. Visited the station and

check records.


statement

i. Unable to identify

police personnel.

ii. No records found.

131 L.M.

Harassment

/ Unlawful

Seizure of

Property

Kingston/

St. Andrew

Complainant alleged

that he was accused,

arrested, had his

property seized and

taken before the Court

by a police personnel.

The Court made an

order for his property

to be returned but it

was not.

3/11/2010

i. Visited the station and

recorded entries.

ii. Applied for and received

Court documents.

iii. Sent Notices.

iv. Visited exhibits stores and

copied entry


132 O. W.

Wrongful

Arrest /

Failure to

return

personal

properties

Kingston /

St. Andrew

Complainant alleged

that he was arrested on

31/10/10, charged for

possession of cocaine

(which he never had)

and had his property

taken. He said that his

property was not

returned despite the

instructions of the

Court.

19/11/10

i. Visited police station and

recorded entries.

ii. Applied for Court

documents

iii. Sent Notices

27-06-2012

Adjustment to FIR to be

made

25-04-2012

FIR submitted.

133 D. C. Non-Action St.

Catherine


her son went missing

and a body was found.

DNA Tests were done

in July but no word

has been received

from the police.

7/12/2010 i. Recorded witness statement

ii. Sent Notices

Response still

outstanding.


134 G. H.-

H.

Dereliction

of Duty

Kingston /

St. Andrew

Complainant alleged

that her motor vehicle

was stolen at an event

at the Stadium in

October 2010. It was

later found at the

Portmore Police

Station, but no

records.

13/12/10 Trying to obtain records and

identify police personnel.


135 P. F./

F. M.

Harassment

/ Conduct

Unbecoming

Kingston /

St. Andrew

Complainant alleged

that the police was

acting improperly and

in collusion with a

man who seems to be

his friend.

04/01/11

Referred to DOC as directed

by Commissioner

136 N. D. Non-Action Kingston /

St. Andrew


her vehicle was

involved in an

accident on the

01/02/10 and that she

was experiencing

difficulties in

obtaining an accident

report although she

paid the relevant fees.

28/01/11

i. Corresponded with the

various police stations until

the report was ready and

collected.

ii. The matter was later

withdrawn.


137 R. R.

Misappropri

ation of

Property /

Threat

Kingston

Complainant alleged

that he was taken into

custody at Half Way

Tree Police Station,

his properties taken

and weeks later when

he was released, only

his money was

returned. Despite

numerous attempts to

retrieve remainder of

his property, he has no

success.

9/2/2012

Copy records from the lock-

up diary and to identify

witnesses.

Records not yet

located, hence

identity issue still

outstanding.

138 A. R.

Threat,

Harassment,

Illegal

Detention et

al

Kingston

Complainant alleged

that he was threatened,

harassed and detained

on several occasions

by DSP A. B.

14/02/2012

Visited the station and

requested records.


139 S. M. Shooting

Injury Kingston

The complainant S.M.

alleges that a police

officer fired on a

group of persons after

a motor vehicle

incident

18-Oct-11

Diary entries obtained from

National Stadium

Notice to concerned officer

delivered and response

received

Notice to Initial investigator

and Scenes of Crime

Investigator delivered.

Awaiting responses.

Complainant did not turn up

for meeting on 14/2/2012.





Several attempts to re contact

the complainant‟s mother

have proven futile. 23/4/2012

Notice being

prepared for

Scenes of

Crime

personnel

Statement to be

collected from

complainant and a

potential witness.

21/1/2012

Meeting re-

scheduled for

14/2/2012

Meeting re-

scheduled for

17/2/2012

Meeting re-

scheduled for

21/2/2012


140 A. C. Assault Kingston

The complainant A. C.

alleges that he was

assaulted by members

of the JDF while being

escorted to Security

Post 11. Horizon

Adult Remand Centre

21-Feb-12

Obtained complainant‟s

statement.

Medical Journal copied and

verified.

Further statement collected

on proper identification of

soldiers

Witness statements obtained

Medical cert (UHWI)

requested and received

CCTV footage viewed and

noted

Statements obtained from

concerned officers

To obtain statements

from concerned

members of the JDF

To receive Standard

Operating

Procedures (SOP)

from Lt. Col. C.,

Awaiting packaged

DVD of CCTV

footage.


141 T.B. Assault Kingston

The complainant T.B.


assaulted and injured

by a police officer

known to her as

Officer T., of the

Darling Street Police

Station as he

attempted to arrest her

13-Feb-12

Complainant‟s statement

recorded

Complainants Injuries

photographed

Station diary entries collected

Medial Cert applied for


prepared and delivered

Complainant‟s statements

recorded.

Witness statement recorded

Injuries photographed by ISU

and statement obtained

Prescription copied

Station diary from Cross

Rods Police station copied

Notices to concerned officer

and SO i/c prepared and

delivered

To apply for

medical cert

Awaiting responses

from notices


142 M. S. Assault Kingston

The complainant M. S.

alleges that he was

picking a coconut

from one of the trees

on the property of the

Cross Roads Police

Station when he

Assaulted by District

Constable I., of the

said station

24-Apr-12

Complainant‟s statements

recorded.

Witness statement recorded

Injuries photographed by ISU

and statement obtained

Prescription copied

Station diary from Cross

Rods Police station copied


and SO i/c prepared and

delivered

To apply for

medical cert

Awaiting responses

from notices


143 S.A. Assault Kingston

The complainant S. A.


beaten by a police

officer known to her

as M., who is a

member of the Flying

Squad Unit.

16-May-12

Complainants Statement

recorded

Witnesses statement s

recorded

Injuries photographed by ISE

Medical Certificate applied

for

Copies obtained of CR.10

receipt #551896 and

Summons for Complainant to

attend court



144 C. A. Shooting

Injury Kingston

Police officers

travelling in an

unmarked service

vehicle stopped in a

line of traffic. While

one officer was talking

on her cellular phone a

man walked up and

took the phone from

her. She alighted the

vehicle, introduced

herself and demanded

back the phone. The

man then pulled a

knife from his

waistband and

advanced towards her,

stabbing at her several

times. She pulled her

service firearm and

fired in his direction,

hitting the man. He

was taken to the

University Hospital of

the West Indies where

he was admitted under

police guard. He is

identified as C. A.,

Statements collected from

complainant.

Diary entries obtained

Mobile Reserve Division

Notices to W/Cons. S. W.,

W/Cpl. L. G., Response

received.

Notice being prepared to Det.

Sgt. S.,

Letters being prepared to

Forensic lab

Notice to Initial Investigator

prepared and delivered.

Letter to Forensic lab

prepared and delivered.


145

H. B.

and M.

B.

Shooting

Injury of Kingston

According to dairy

entry # 2, dated

24/8/2012, page 287,

of the Olympic

Gardens Police

Station, X1747 Spl.

Cons. K. S., of the

Denham Town Police

Station accompanied

friends in a brown

Toyota Camry motor

car reg. 4244 FV to

premise # 6 South

Plum Lane, Kingston

11. Whilst there, one

of the friend had an

argument with Mr. H.,

B., in which it is

alleged that B.,

brandished a firearm,

advanced to the friend,

who managed to run

from the premises unto

the roadway. Spl.

Cons. S., (who was

seated in the vehicle,

outside, on the

roadway) and armed

with his service pistol,

discharged three (3)

cartridges in the

direction of „the

threat.‟ Mr. B., then

24-Aug-12


ran back into the

premises with gun in

hand and later returned

to the gateway where

he collapsed. Spl.

Cons. S. in his private

motor vehicle then

assisted Mr. B., to the

Denham Town Police

Station and from there

to the Kingston Public

Hospital.

Later it was

discovered that M. B.,

had sustained injuries

to her right thigh and

taken to the

Bustamante Hospital

for Children where she

was admitted in a

stable condition.


146 C. J.

Assault

Non-Action

Conduct

Unbecoming

St.

Catherine

The complainant C. J.

(35 y-o) alleged that

she was assaulted by a

male police officer

when she got into an

altercation with a

group of teenagers.

She also alleged that a

female police officer

who lives about two

houses away and who

saw the altercation did

not intervene when she

was assaulted. When

she went to give her

statement to the police

she alleged she had to

wait for a long period

while persons who

came after her were

attended to. She also

alleges that the police

officer that took her

statement made sexual

remarks to her.

Statement collected

Medical certificate received

Diary entry copied from

Greater Portmore Police

Station

Third Party visited and

statement collected

Notices to Cons. K. F., Cpl.

G. and Sgt. C. D., delivered.

Due dates Monday October

24, 2011

February 23, 2012

investigator spoke to virtual

complainant on the progress

of the matter.

Awaiting

responses from

concerned

officers.


147 K.S. Assault St.

Catherine

The complainant K. S.

(bailiff) alleged that he

went to seize items

belonging to the

concerned officer,

when the said officer

physically abused him

4-Aug-11

Complainant statement

collected.


Old Harbour Police Station.

Notice to Spl. W/Sgt S., W.,

delivered. Due date

September 29, 2011.

Awaiting response

On or about February 15,

2012 spoke to concerned

officer re response who said

that she was on leave but is

now completing the

statement for submission.

Response from concerned

officer received

Trying to get a

witness statement

from another bailiff

who was present. He

has since the

incident relocated to

Mandeville.

Awaiting response

from concerned

officer.


148

S. D.

and B.

M.

Assault St. Ann

The complainants S.

D. and B.M. alleged

that two Police

officers assaulted

them.

August 9, 2011

August 29,

2011

Statement from complainant

and witness

Diary entries obtained St.

Ann's Bay Police Station.

Medical certificate requested

Additional witness

statements obtained

Copy of the investigator‟s

file received

Copy of Medical certificate

received

Notices to Cons. J., and B.,

delivered

Letter to S.S.P C. W.,

delivered

Further statement Re:

Identification of concerned

officers done.

Notices for Visual

Identification prepared and

delivered.

Notices to

concerned

Officers on

hold pending

directive by

Police

Commission

who is

awaiting the

file from St.

Ann‟s Bay

Police on the

same

investigation

Further

statement to be

done re:

Identification

of concerned

officers for the

purpose of

Identification

parade

Awaiting medical

certificate.

Awaiting response

for Identification

parade.


149 E.S. Threat St.

Catherine

The complainant E. S.

alleges that his son has

been threaten by the

police on several

occasions

15-Aug-11


collected

Review 29-02-12

Investigator unable to contact

complainant because of

absence of phone number and

no specific address.

Concerned officers noticed

for response February 27,

2012 and spoken to about

submission.

4. Statement of VC, J., S.,

confirms alleged threat

obtained.

150 E.M. Non Action St.

Catherine

The complainant E.M.

alleges that she has

made several reports

to the Guys Hill Police

about her neighbor and

to date they have taken

no action

6-Sep-11


collected

Notices delivered to both

concerned officers

Review 29-02-12

Investigator spoke to officers

on Sunday, February 26,

2012 and was informed that

complainant has made many

unsubstantiated complaints

against the same neighbours

and they fear that she may be

suffering from a mental

defect.


151 J. T. Assault St.

Catherine

The complainant J. T.

alleges that he was

assaulted by a plain

clothes police officer

after the policeman

refused to pay for gas,

spilt from his motor

vehicle gas tank

8-Sep-11


collected

Diary entries obtained from


Station

Notice sent to concern

officer. Awaiting response

Review 29-02-12

Contacted initial investigator

on January 16, 2012

requesting copy of his

investigation file.

Concerned Officer reported

as being on suspension.

Awaiting confirmation.

Concerned Officer

reported as being on

suspension.

Awaiting

confirmation.


152 Shooting

with intent St. Mary

The police while on

mobile patrol duties

came upon a white

Townace travelling in

the opposite direction.

One of the police

officers alighted from

the vehicle when the

Townace started

reversing and gunshots

rang out. The police


the Townace went

over a ditch and into a

nearby river. All the

occupants escaped.

The occupants later

reported the incident

to the Inspectorate

Branch, Oxford Road,

Kgn 5, where they

were arrested and

charged.

30-Sep-11

Statements obtained from

complainant and witnesses.


Annotto Bay Police Station,

Islington Police Station, and

Port Maria Police Station.

Notices to Det. Cpl. R., Det.

Cpl. K. R., Cpl. R. S., Cons.

D. Mc., and G. E., being

prepared

Witness statement collected

Notices to concerned officers

and Initial investigator

prepared and served

Firearm information

collected

Letter to DDP requesting

copy of Initial Investigators

file requested.

Investigators File received.

Firearm

registers to be

collected.

Witness

statement to be

collected

Notices to be

prepared and

served

153 K.E. Assault

Threat Kingston

The complainant K.E.

alleges that he was

assaulted and

threatened by the

police while standing

at the Downtown

Kingston bus park

11-Oct-11


collected

Review 29-02-12

Notice delivered, response

received


154 P. A.F.

Unlawful

Detention

Misappropri

ation-of

Property

Kingston

The complainant P. A.

F. alleges that he was

unlawfully detained

for ten (10) days. He

also alleged that a gold

ring that was logged in

at the time of his

detention was not

returned at the time of

his release.

28-Oct-11


received.

Review 29-02-12


supporting complainant‟s

version.



155 D. M.

Assault at

Common

Law

Harassment

Kingston

The complainant D.

M. alleges that he was

assaulted by a plain

clothes Police officer

who pointed his

firearm at him. He also

alleges that he is now

being harassed by the

same police officer

24-Nov-11


received.

Review 29-02-12

Withdrawal Form completed

by complainant January 25,

2012. He indicated that the

situation between him and

the concerned officer has

improved and he is no longer

being harassed by same.

156 G. D.

Assault

Conduct

Unbecoming

Kingston

The complainant G.D.

alleges that his

seventeen year old son

was unlawfully

arrested. He also

alleges that when he

went to the police

station he was

assaulted by a police

officer

24-Nov-11


received.

Review 29-02-12

Response received.


157 U.H.

Assault at

Common

Law

Kingston

The complainant U.H.

alleges that he was

chased and threatened

by a man who later

identified himself as

police officer

24-Nov-11


received.

Complainant is a police

officer.

Review 29-02-12

Notice sent to concerned

officer

Response from concerned

officer received

158 E.T. Assault St.

Catherine

The complainant E.T.

alleges that he was

assaulted by the police

while he was in

custody at the Greater

24-Nov-11


received.

Review 29-02-12

Checks made by the

investigator to Greater

Portmore P/S that Cons. S.

(concerned officer) has since

been dismissed from the

force.

Letter SSP P., to verify status

of concern officer prepared

and delivered

Response received indicates

concerned officer on

Suspension




159 E. S. Assault Kingston

The complainant E.S.

alleges that he was

assaulted by a

temporary correctional

officer while in

custody at the South

camp Adult


18-Nov-11

Statement obtained from

complainant

Statements received from

concerned officers

Prisoner‟s Injury report and

Dispatch book obtained

Letter to Comm. Of

Corrections done requesting

copy of Standard Operating

Procedures (SOP).

SOP received.

160 N. B.

Assault and

Unlawful

Arrest

Kingston

The complainant N. B.

alleges that he was

assaulted and arrested

by Cons. O N., of the


Station. The

complainant also

alleges that he is

charged for possession

of a dangerous weapon

that he did not have on

him.

16-Feb-12


received.

Station Diary Entry obtained.

Last page on Exhibit book

obtained.


delivered

Response received


161 P. E.

Assault and

Unlawful

Arrest

St. Thomas

The complainant P.E.


assaulted and arrested

by a team of police led

by Inspector B. of the

Morant Bay Police

Station.

6-Feb-12


recorded


delivered. Response received

Review 29-02-12

Contact made with

complainant who informed us

that the concerned officer

was not Insp B. but in fact

Asst Supt. B.T (of the same

station).

Spoke with Supt. B via

telephone and requested a

statement Re: Allegations of

Assault.

Statement received

Witness

statement to be

collected

162 D.B. Assault St. Thomas

The complainant D. B.

alleges that he was


officer known to him

of the Morant Bay

Police Station while he

was at a shop in his

community. Punched

him to the left side of

his face causing it to

be swollen.

6-Feb-12


recorded

Witness statements recorded

Police station visited. No

Station diary entry observed/

non recorded


delivered. Awaiting response

Response to notice received


163 J.D. Discharge of

Weapons Kingston

The police reported

that while on mobile

patrol duties in the

New Haven

Community of

Duhaney Park, they

encountered a group of

men who on seeing

them pointed weapons

at them and opened

fire. The officers

returned the fire. After

the exchange of

gunfire the police

officers reported that

the service vehicle was

damaged.

March 17,

2012

Notices prepared and

delivered to concerned

officers, TSD team and Initial

Investigators.

Responses received from

concerned officers and Initial

Investigator.

Awaiting response

from TSD.

164 A.F. Harassment Kingston

The complainant A. F.

alleges that he is being

harassed by Det. Sgt.

K. M., who has seized

a number of his motor

buses on several

occasion started from

December 2007. He is

also alleging that

several items have

been stolen from the

buses when they are in

police custody

23-Mar-12 Complainants statement

recorded

To obtain medical

journal

To obtain station

diary entries

To Notice concern

officers

To apply for

medical cert


165 J. P. Assault Kingston

The complainant J. P.

alleges that her son W.

M., was Assaulted

(beaten) by the police

while he was in

custody at the Central

Police Station.

8-Apr-12 Complainants statement

recorded

To obtain

medical

journal

To obtain

station diary

entries

To Notice

concern

officers

To apply for

medical cert

166 F.H.J. Assault Kingston

The complainant F.

H.J. alleges that her

son B. B., was beaten

by police officers

while in the Kingston

Central lock up

11-May-12

Complainants statement

recorded

Medical certificate applied

for

Injuries photographed

Statement to

be collected

from

complainant‟s

son.

Notices to be

prepared.


167 S. R. Mal.

Destruction.

Of Property

Ken The complainant S. R.

alleges that he his

house was ransacked

and his clothes put on

the floor by the

respondent.

29/9/09 Allegation letters were sent

out.

Notice was subsequently

sent.

Effort made to obtain

statement of witness failed,

she refused to cooperate

The complainant stated that

he is no longer interested on

the matter going forward as

the respondent is on

interdiction and they have

been on good terms. He is

presently working in the rural

parishes and is unable to give

a statement to the effect.

The respondent is

presently on

interdiction

168 A. W. Conduct

Unbecoming

and Non

Action

Kgn. The complainant A.

W. alleges that she

went to the Duhaney

Park Police Station to

seek assistance to

seize property on

behalf of Courts

Jamaica Ltd. The

officer refused to

assist her and made

unprofessional

remarks


out.

Notice was subsequently sent

The complainant was

contacted via telephone. She

has no further interest in this

matter. The case against her

was dismissed at HWT RM

court

The respondent is

presently on

interdiction


169 R.W. Conduct

Unbecoming

Kgn. The complainant R.W.

states that the

respondent draped him

at the front of his pants

and insulted him when

they visited his house.


out.


FIR to be adjusted

to reflect the

officer's response

170 L. M. Conduct

Unbecoming

.

Kgn. The complainant L. M.

alleges that two men

visited his place of

employment; one

showed him a police

ID. The officer told

him that he came for

the barrel gun that he

had. The said officer

and another man

subsequently visited

his home and again

asked him about the

firearm that he had.


out.


No response received

Complainant refused to visit

the First Aid Centre to look

at the vehicle that had the

license plate # that he

claimed visited his home.

FIR to be

submitted

FIR Submitted


171 M. B. Assault St.

Catherine

M. B. was Assault

(box at left side of

face) by Sergeant C.,

at the Greater

Portmore Police

Station in June 2010

8/7/2010 (i)No entry was recorded in

the station diary.

(ii)Section 21 Notice served

on

Sergeant C., and Inspector

A., both responded

(iii) Section 21 Notice served

on Superintendent A. P.

failed to respond

(iv)Second Notice was sent

to Superintendent A. P., no

response.

(v)Superintendent A. P., was

contacted via telephone, he

said that statement of

complainant was given to

Inspector G.

(vi)Statement cannot be

found at Greater Portmore

Police Station

29/8/11

Called Supt. P., he promised

to send INDECOM a

statement in the matter since

he is no longer at that station.

Awaiting response

of Sup. P.,


132 S. G.,

R.M.,

and N.

B.

Shooting

Injury

St.

Catherine

S. G., R.M. and N. B.,

were shot and injured

by police personnel

who reportedly fired

indiscriminately while

they were at Charisma

Way Waterford, St

Catherine on 26/09/11

at approximately11:15

pm while they were

playing games with

other community

members to include

women and children.

26/09/11 1. Station Diary entry

collected

2.Firearm and ammo register

collected

3.Police statements collected.

4. Witness statements

collected


collected

6.Med Cert collected


1. On 29th February 2012

further statements collected

from S. G., and N. B.

indicating that no one with a

gun or weapon was seen in

their vicinity.

2. KPH visited for Med Cert

for S. G., to return 2nd March

2012.


collected

2.Firearm and ammo register

collected

Forensic

/Ballistic

Report


3.Police statements collected.

4. Witness statements

collected


collected

6.Med Cert collected


1. On 29th February 2012

further statements collected

from S. G., and N. B.,

indicating that no one with a

gun or weapon was seen in

their vicinity.

2. KPH visited for Medical

Certificate for S. G., to return

2nd March 2012.


133 A. P. Assault Kingston Mr. A. P., reported


by Spl/Sgt B., on April

17, 2010 at

approximately 1:50

pm while walking on

Half Way Tree Rd, he

was subsequently

charged for Trading

without a jewellery

license

Station Diary entry collected

(2) Police and Complainant‟s

Statement collected Further

Statement collected from

complainant re: Identification

of officers

Completed Fir submitted

14/12/11

Q&A set for Sgt B., and

W/Sp Cons. B. J.,for 13 & 14

March, 2012 respectively


134 R. Mc.

and D.

L.

Shooting

Injury

Kingston R. Mc. and D.L. were

alleged shot by police

On May 27, 2011 at

about 9:30 p.m.

Along New North

Street in the vicinity of

Love Lane, Ms. L. and

her 5 year old son R.

were walking along

the road when they

were shot during an

alleged gun battle with

Cpl. G. M., who said

that he was in pursuit

of two alleged

gunmen.

Bullet recovered from arm of

boy and transported to the

JCF Forensic Lab.

Arrangement made for

Statement to be collected re:

driver who took victim to

hospital

Request made for statement

from BSI file

Complainant contacted and

he said that the BSI

investigator informed him

that the DPP has gotten the

Final Investigation already,

however Ms L., will be

meeting INDECOM

Investigator by Friday 02

March, 2012


outstanding


135 S. A. Assault Kingston S. A., reported that she

was assaulted by

police personnel while

being in an advanced

state of pregnancy.

She stated the officer

in hit her several times

on her hand while her

two young children

were holding her

during a police motor

vehicle spot check.

1.Complainants Statement

received

2.Wittness Statement

received

3.Med Cert Applied for

Station Diary

Entry to be

collected

136 S.L. Assault St Thomas S. L., reported that he

was assaulted by three

police officers who

visited his community

in Phillipsfield,

Yallahs, St Thomas

and took him to the

Yallahs police Station

when he was beaten,

causing a injures to his

eardrum and his hand.

1. Station Diary Entry

collected

2.Prisoner Charge and

Property book


collected

4.Police Statements

collected.

1.Further

Statement to

be collected

from

complainant re

ID


137 O. C. Shooting

Injury

Kingston O. C. was shot and

injured when he was

an occupant of car in

which two other men

were which the police

pursued after they

reportedly robbed a

woman who pointed

them out to the police.

The police reportedly

caught up with the

men and accosted

them. A police officer

was reportedly injured

by O. C., who

allegedly used a pair

of scissors to stab the

officer on his hand

resulting the police

officer discharging a

round from his service

pistol which injured

C., in his leg, The

officer was treated the

KPH while C., was

admitted at hospital

under police guard..

1.Station Diary Entry

collected

2.Police Statements Collected

3.Medical Certificate applied

for

4.Forensic Scene Report

Collected

5.Wittness Statements

Collected

1.Awaiting Court

files

2.Ballistic report

outstanding


138 A. M. Shooting

Injury

Kingston A.M., alleges that on

October 10, 2009 at

about 5:30 am he was

walking along the road

smoking a spliff when

a car a police car

approached; on seeing

them he threw the

spliff in nearby

bushes. The Mr. A.

M., of Knightsville

district in St Thomas

alleges officers came

out of the car and

accused him of

throwing away a gun

to which he denied.

One of the two

officers searched the

bushes and the other

officer shot him all

over including in his

left eye. He was taken

to a business place and

then accused of

attempting to break

into the shop.

15/02/10

Reassigned on

20/01/11

BSI file completed file

perused.

Letter sent to Organized

Crime Investigation Division

requesting information of

phone calls from Digicel

The complainant was

contacted and he advised that

he was charged for

Assaulting a police Officer,

Attempt House Breaking and

Possession of an Offensive

weapon i.e., Machete.

He also stated that the police

officer have never been

present in court on any

previous occasion, however

the matter is set for trial on

December 8/2011

He will be attending court on

June 7, 2012. He stated that

the police who charged him

in the matter have still not

been attending court.

Complainant lost his left eye

and his left foot was broken

in two places

Complainant was contacted

on 28th February 2012 after

several attempts to speak to

Ballistic, Forensic

Reports outstanding


him when he indicated that

he can Identify the officer

who shot him and he will

meet INDECOM Investigator

on any afternoon after 2 p.m

at Yallahs Beach where he

sells fish.


139 R. D. Shooting

Injury

Kingston R. D., were shot and

injured by the police,

on June 7, 2011 in

Harbour View. After

he allegedly pulled a

gun at a police part

when he was accosted

along Starfish Drive.

9/6/2010 (1) Record witness statement

copied diary entries

(28/06/10)

(2) Applied for medical

certificate (02/07/10)

(3) Delivered notification

letter (06/07/10)

(4) Received medical

certificate (05/10/10)

(5) Contact BSI in an effort

to locate a witness (26/10/10)

(6) Received copy of file

from BSI (27/10/10)

(7) Delivered Notice

(24/11/10)

Scene of Crime CD requested

P. V., Mother of

complainant called and she

advised the complainant

suffered a nervous

breakdown due to the stress

from the Incident and is

presently on medication.

Complainant will be

attending court on March 8,

2012 after numerous court

dates with the officer

attending. Complainant‟s

girlfriend and family have

reportedly relocated and

cannot be contacted.



On 26th & 27th February

2012 spoke to P. V., who

said that she did not know G.

and R. Phone numbers for

both witnesses non

responsive. To visit

addresses.


140 A. W. Shooting

Injury

/Assault

St Thomas A. W. reported that he

received a gunshot

graze and he was

assaulted after he

disobeyed police

instructions and

escaped police

custody. He was

Arrested for injuring a

man with a machete.

22/06/12

141 T.T. Misappropri

ation of

Property

Portland T. T. alleges that on

July 2, 2010 at about

5pm he was at his

father‟s business place

in St. Margaret‟s Bay

when a group of

officers searched the

premises and arrested

him. On returning to

the business place he

realized that several

items were missing,

including cash.

9/7/2010 FIR done


142 K. C. Assault Kingston K.C., reported that she

and her step father

were assaulted by

member of the police

force on January 4,

2011 during a search

of her house by the

officers, She stated

that one of the officers

grabbed her throat and

shoved her as the

police sought to find a

key to a door in her

house

4/1/2011 Police Statements ascertained

143 K. R. Shooting

Injury

St

Catherine

K. R. was shot and

injured by the police

after he allegedly

pointed a hand gun at

the police at a

premises along

Corlettes Road In

Spanish Town St

Catherine

25/12/11 1. Complainant Statement

Collected

2. Police notices served and

Statements received.

3. Station Diary Entry

Collected

4. Forensic Scene Report

received

5. Med Cert Applied for.


144 W. S. Shooting

injury

Kingston W. S., alleges that he

was shot by the police

on August 1, 2011 at

about 5:30am at the

back of Craft Market

Downtown, Kingston

2/8/2011 Statement recorded Dairy entry to

be copied

Notices to be

sent to the

concerned

officers

145 B. H. Assault CLAREND

ON

B. H., alleges that on

April 10, 2010 at

about 9am he was

assaulted by Sgt. A. L.

12/4/2010 FIR returned to investigator Medical Certificate

to be signed by a JP


146 R.R. Harassment

and threat

St.

Catherine

R.R., alleges that he

was harassed and

threatened by Supt. C.

B. in 2007. On

December 6, 2009 the

police alleged that

they found a gun in his

house. He currently

reports regularly to the

Greater Portmore

Police Station.

Recently a youth in his

area was shot and

killed and he heard

that Supt. C.B. is

accusing him of the

murder and his

looking for him.

10/8/2011 Perused file


147 K. B. Assault St Thomas K. B., of Spring

Gardens District St

Thomas was assaulted

a member of the police

party while he was

keeping his mother‟s

grocery shop. Mr. B.

Stated that a police

officer who was

behaving boisterously

punched him in his

face after questioning

what is the closing

time for the shop. He

stated the officer did

not give him ample

time to close the shop

after he instructed him

to close the shop but

was abusive and

assaulted him struggle

with the police man

who tried to arrest.

17/12/12 1.Witness Statement

collected

2 Station Diary Entry

Collected

3 Med Certificate applied for


148 S. C. Assault Kingston S. C. alleges that on

July 01, 2010 at about

3:00am Escape Night

Club was assaulted by

a man who was later

identified as a police

officer. He further

stated that he

requested an apology

from the officer

however he refused to

do so

07/01/10

Reassigned on

25/07/11

Notices delivered

09/11/11Second notices were

sent to Concerned Officers

23/11/11 Complainant was

contacted and he indicated

that his real interest is to get

an apology from the officer

in question and he stated that

in the presence of the

officer‟s Sergeant on the

night in question but the

officer was not willing to. I

Indicated to him

INDECOM's Investigative

process and he said he will

sign a withdrawal certificate

on Friday 25/11/11 as he is

not willing to attend court

nor can he provide any

witness.


FIR completed and is

awaiting complainant‟s

signature on Withdrawal

Form

Awaiting response

from implicated

officer


149 O.

W.o/c

“M.”

Assault Kingston O. W., o/c “M.”,

reported that he was

assaulted by Cpl. A.

D. who hit him with a

baton on his right

forearm and right

knee, after he and his

baby mother had an

argument and she went

to the Admiral Town

Police Station and

reported him.

26/08/10 O.W., o/c “M.”, reported that

he was assaulted by Cpl. A.

D. who hit him with a baton

on his right forearm and right

knee, after he and his baby

mother had an argument and

she went to the Admiral

Town Police Station and

reported him.

Complainant‟s

further

statement

outstanding

150 D.W. Assault Kingston D. W., reported that he

was kicked several

time by a police

officer from the ISCF

who accused him of

causing his Sergeant to

fall to the ground. He

was followed by the

officers after he

evaded team of

Vehicle Examiner and

police close to the

three Miles area.

16/02/20 1.Medical Cert collected

2.Concerned officers Noticed


151 S.F. Unprofessio

nal

Conduct/Ma

licious

destruction

of property

St Andrew S.F., reported that

three of his car tyres

were stabbed and

punctured by a police

man at a premises he

owns in Mount James

St Andrew after they

searched my house in

my absence but I was

in view of their

activities. The damage

to the car was done

after they left my

house.

December,

2011


Collected

Concerned officers

to be identified


152 Miss

S. G.

Malicious

Destruction

Kingston Miss S. G. is reporting

that on October 14,

2010 at about 10:00

am she was told that

police was searching

her house. She

reported that she

immediately went to

her house she saw her

DVD player broken

and fifty thousand

dollars that was placed

underneath the DVD

player was missing.

28/10/10 Police personnel to be

Identified from Tivoli

Gardens Police post.

Unidentified

officers


153 C. Mc. Assault Kingston C.M. reported that on

December 29, 2010

about 4:00- 5:00 pm

he was driving

towards Red Hills

Boulevard, he stopped

at a cordoned area and

an officer approached

him requesting a

search. When he

refused he was boxed

by another officer.

30/12/10

154 R.W. Malicious

Destruction

of property

Kingston R. W. is reporting that

on January 4, 2011 he

returned home at 104

Mountain View Ave.

to find the entrance

gate damaged and his

back door kicked off;

he was told it was

done by the police.


155 D. J. Assault /

Threat

Kingston D.J., alleges that he

was assaulted and

threatened by the

police while .he was at

home, 100 Mountain

View Ave. On January

4, 2011, at about 11:20

am Mr. J stated that

the police came in

search of a man who

was living at my

address and after

telling the police that I

did not know the man

whereabouts he was

threatened and

assaulted.

5/1/2011 Diary entry to be copied


156 H. P. Assault Kingston H. P. alleges that on

February 4, 2011

between the hours of

2-4pm that he was at

Pechon Street,

Kingston, when he

was assaulted and

subsequently arrested

by the police.

7/2/2011 To send

Verification of

Identity Form

to

establishment

for them to

furnish

officer‟s

information

03-05-2012

Investigator is

to attempt to

establish

proper identity

of concerned

officer.


157 A. W. Threat Kingston A.W. alleges that on

March 2, 2011 he was

at Ambrook Lane in

the Tarrant area when

he saw a police Toyota

Hilux. One of the

officer who he has

seen before shot at

him; he ran away. One

officer J. from H.W.T

police station

threatened to kill him

on January 20, 2011

while he was at H.W.T

transport centre.

9/2/2011 To send Verification

of Identity Form to

Establishment for

them to furnish

officer‟s

information;

Crime Diary Entry

to be copied;

Get a copy of the

Gun Court file.

03-05-2012

Investigator to

prepare and reissue

Notices for police

statements.

Complainant in case

of threat has now

been charged with

shooting with intent

and is before the

court.


158 S. P. Unprofessio

nal Conduct

St.

Catherine

S. P., who resides at

Bridgmoham

Crescent, Big Lane,

Central Village, is

reporting that her

boyfriend was locked

up by the police and

scheduled for I.D.

Parade. The day

before the parade

police visited her

house in her absence

and took away two

photographs of herself

and her boyfriend.

21/02/11 Notice to be delivered Notice to be

sent out to

DSP L. B.,

Investigator to

make attempt

to get

statement from

neighbor.

03-05-2012

Investigator to

write FIR and

have case

referred to

Police

Inspectorate.

159 J. W. Assault Clarendon J. W. reported that he

was assaulted and

shocked with a device;

he further stated that

one of his cellular

phones, cash and his

bicycle were seized

and not returned. He

was also charged with

unlawful possession of

property. Mr. W.

stated that he did not

seek medical attention.

6/12/2010 03-05-2012

Complainant has

since this report

been killed.

Mandeville‟s

INDECOM is

investigating.

Awaiting outcome

of this investigation.


160 T.D. Assault Kingston T.D., reported that she

was assaulted by her

common law husband

O. D., whom she said

is a sergeant of police

but he is on

suspension. The

incident occurred on

13/09/11

14/09/11 03-05-2012

Concerned officer is

no longer serving

the JCF. FIR to be

done with a view of

closing the file.

161 A.-m.

W.

Clarendon A-M. W. reporting on

behalf of her daughter

who stabbed by a

civilian on March 26,

2011; the accused has

not been arrested

because the police is

protecting the accused.

4/4/2011 Send file to

inspectorate; ask

them to give us an

update on the

progress of the file.

DOC to forward

file.

03-05-2012

File is with Police

Inspectorate.


162 O. C. Shooting

Injury

Kingston O. C. was shot and

injured by the police

after he reportedly

injured a police officer

with a pair if scissors

and got into a struggle

with another. Reports

are that a woman

reported an act of theft

by some persons

travelling in a Nissan

Sunny Motor Car at

the Central police

Station. The police

reportedly gave chase

and the Vehicle

crashed into a light

post. And the police

accosted the occupants

of the vehicle when

the Incident occurred.

17/03/12


163 D. R. Shooting

Injury

Kingston D. R. was shot an

injured on Septimus

Street in Jones Town

on 15/ 11/11. Reports

are that police

personnel for Flying

Squad were in the

Jones Town area

conducting enquires

when two men one of

whom was R., pointed

guns at the police after

they were accosted.

The police reacted and

R. was shot. A firearm

reportedly fell from

his hand.

15/11/11

164 J. C. Assault Kingston J.C., reported that Cpl

W., of the Hunts Bay

police Station grabbed

his penis and shoved

him into a wall while

he was in custody at

the Hunts Bay lock-up

causing his head to be

hit on the wall and

also punched him

three times in his face.

Medical report to be applied

for at

Notices to be

followed up on

with Senior

Officer at

Hunts Bay.

03-05-2012

Investigator to make

effort in getting

statement from

concerned officers.


165 F. W. Assault Kingston F. W., alleges that

while he was in

custody at Hunts Bay

Police Station he was


officer on June 14,

2011 between 9-10pm.

Diary entries copied

New notices to be sent as

response have not been

forthcoming

166 C. B. Conduct

unbecoming,

abuse of

power

Kingston C.B. alleges that on 21

February 2011 at

about 6:25am, her car

was hit by a police

officer along Vineyard

Toll road.

29/7/11 Draft notice prepared Require

officer‟s

regulation #‟s

& to copy

diary entry

167 N. B. Conduct

unbecoming

Kingston On 11/8/2011 at about

9am N. B., was

stopped along Hagley

Park Road, her vehicle

searched and she was

verbally abused by the

police. She said the

officers searched her

vehicle, left shoe

marks on her seat and

told her to “get outta

mi face”.

11/8/2011 Witness statement recorded station entries

outstanding


168 L. C. Unprofessio

nal Conduct

Kingston L. C., reported that

members of the JDF

guarding at the

Horizon Remand

Correctional Centre

Spat in his cell after

they conducted a

search.

6/1/2012 1.JDF written to provide list

of

soldiers who conducted

search

2.CCTV footage was viewed

at Up Park Camp

FIR to be

done

169 K.M.P. Unprofessio

nal Conduct

St Thomas K.M.P., accused the

police of covering up

for a woman who

stabbed her as the

attacker is a friend of

the police

File sent to

Police

Inspectorate

Branch

170 M.M.

and C.

C.

Unprofessio

nal Conduct/

Assault/

Threat/Un-

Lawful

detention

Kingston M. M. and C.C.

reported that they were

both arrested and

charged unlawfully

and also treated

unprofessionally by

Superintendent V. H.,

of the Mobile Reserve.

C. C., also stated that

he was assaulted bb

Mr. H.

29/09/09,

02/05/12,

19/04/12


171 M. M. Non-Action St.

Catherine

Complainant alleged

that money and

jewelry were illegal

removed from her

store on 06/04/10 by a

policeman.

7/2/2011

Tried to identify police

personnel named.

172 S.S. Conduct

Unbecoming St. Thomas


a motor vehicle he

owns and is operated

as a taxi (legally) with

PPV was seized by the

police despite the

Ministers directive

04/10/11

i. To record a statement from

the actual driver and a copy

of the Ministers directives.

ii. Sent Notices.


173 H. G.

Malicious

Destruction

of Property

Kingston

Complainant alleged


lead by DSP M. S.,

visited his home,

kicked in a door and

forcibly entered.

24/01/2012

Further statement recorded.

Visited the complainant‟s

home


174 C. G. Assault Kingston

The complainant C. G.

(15 y-o)alleged that

she was punched in

the face and stomach,

draped and tossed on

the vehicle bonnet by

Cpl. G. B., on January

27, 2011 when they

entered her mother‟s

premises, while

searching for someone

else. She was also

locked up and taken to

a place of safety for

six (6) days and

falsely accused.

July 11, 2011

July 13, 2011

Statements received from

Office of the Children‟s

Advocate.

Station diary entries

obtained from Denham Town

Police.

Victim visited.

Medical certificate collected.

Requested court transcript

Family Court Duke St. Kgn.

Notice to Cpl. G. B.,

delivered. Due date past

(September 6, 2011).

Had dialogue with DSP R.

Currently preparing letter to

SP A. B., to prove service.

Eye-witness statement and

statement from the mother

recorded.

Collected file info on reason

child was taken to the place

of safety, who brought her in

and who removed her.

Re-Noticed Concerned

Officer, also Officer who had

last custody of the child as

well as Investigating Officer.


concerned officer and officer

who had last custody.


174 P.I. Abuse of

Power

St.

Catherine

The complainant P. I.

alleged that the Police

abuse their power

when they charged

him for a traffic

offence.

8-Aug-11



Station

Notice to Sgt. G., delivered.

Concerned officer currently

on leave. Expected back

November 2011.


redelivered and response

received.

Awaiting response from the

sub-officer on duty on the

night of the incident.

4. Awaiting

response from the

duty officer on duty

on the night of the

incident

175 S.B. Negligence Kingston

The complainant S. B.

alleges that her stolen

motor vehicle was

recovered by the

police and then placed

in private storage

without her

knowledge. She is

now being told to pay

for the release of the

motor vehicle

26-Sep-11


collected.

Notice delivered to

concerned officer

Review 29-02-12

February 9, 2012 spoke to

Det B., who promised to

submit statement by 16th

February.


176 R. G. Conduct

Unbecoming

St.

Catherine

The complainant R. G.

alleges that she

witnessed a fatal

shooting and has since

been harassed by the

police

11-Oct-11


collected


Review 29-02-12

3. Notices delivered,

responses received.

177 D. W. Abuse of

Power Kingston

The complainant D.

W. alleges that she

was arrested after she

asked the police

officer for his/her

badge number

21-Oct-11


collected

Station diary entries obtained

Witness statement received

Review 29-02-12

Notices delivered, responses

received.


178 E.B. Shooting

Injury Kingston

A case of an alleged

abduction and robbery

was reported to the

Half Way Police

Station where Police

Control announced the

information. Sgt. J.

East and Det/Spl/Cpl.

M. G. responded to the

report where the

vehicle involved was

spotted; a chase

ensued and the vehicle

ended up at 7th & 8th

Streets along Collie

Smith Drive where a

Mr. E.B. was shot and

injured.

3/3/2012

1. Station Diary entries

copied from the Half Way

Tree Crime Diary and

Denham Town Police Station

Crime Diary;

2.Witness statement

recorded;

3. Notices were served on the

concerned officers who have

responded to the Notices.

(4) E.B., is to be located and

his statement recorded;

(5) Medical Certificate has

been applied for but not

received;

(6) Notices were delivered

and served on Det/Cpl. K. G.,

Area 4 Scenes of Crime Unit

and Det/Cpl. O. M., response

received from Det/Cpl. G.

but none from Det/Cpl. M.

(7) Statement recorded from

E. B., who refutes the police

version of incident;


179 R. L.

Assault/

Unprofessio

nal conduct

Kingston

R.L. is reporting that

she was manhandled

by the police who

grabbed her by the

arm and shoved her

into a police vehicle

and then arrested and

charged her.

11/5/2011

(1)Statement recorded from

R. L. and her witness, A.B.,


recorded;

(3) Entry obtained from the

prisoner‟s charge and

property book;

(4) Notices are to be served

on W/cons. B., and Cpl. C.,

of the Half Way Tree Police

Station

(5) Received Response from

Cons. R., on 2011 August 19;

Cpl. K. C.E and W/Cons. B.


Submitted on 11/12/8.


180 D.P. Assault Kingston D. P. alleged that he

was assaulted by

police officers during

a search in the Half

Way Tree Park.

07.02.2011

27.07.2011

Withdrawal form was signed.

Mr. P. shared that he has no

more interest in the matter

FIR Prepared and submitted

on August 16, 2011

TEAM – BRAVO

CATEGORY

A

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM BRAVO CATEGORY A INVESTIGATIONS

No. Date of Incident

Location of Incident

Allegations Date

Investigation Commenced

Reason for Incompletion

Internal External

1 12.5.10 St. Catherine Complainant alleges that her mother Ms.

Brown was shot and killed by the police

on 12.5.10 while sitting on a wall in her

community Fatal Shooting

Gunshot wound to front left shoulder, left

to right upward, Cause of Death

Exsanguinations Laceration of subclavian

artery Gunshot wound to arm involving

chest.

13/7/11 1. ID Parade arranged

for third time

2. Q & A to be arranged

following ID parade

3. Awaiting scene

reconstruction report

from INDECOM’s

Ballistics Expert.

1. Awaiting

arrangement for ID

parade to be completed

2. Awaiting return of

ID parade form from

police

2 3/9/2011 Kingston Complainant states that her nephew was

shot and killed by police attached to the

Hunt's Bay Police Station

3/9/2011 1. Q & A session to be

conducted 16.1.13,

awaiting the response


2. Draft Provisional FIR

in progress

1. Ballistics report

pending

2. Still trying to get

witness statements

(persons are unwilling

to speak on matter)


3 24/12/11 St. Catherine INDECOM obo A M was shot and killed

in Portmore allegedly by a member of the

JDF

24/12/11 1. To conduct Q & A

session 14.11.12,

awaiting the response of

concerned officers

1. Still awaiting

response from Col.

Cole regarding

information requested


pending

4 05.07.2011 St. Catherine Complainant is reporting that his son was

fatally shot by the police

05.07.2011 Re-dispatched id parade

forms 28.08.12

Awaiting ballistic and

forensic reports

5 20/08/2011 St. Catherine Both men were shot and killed allegedly

by police personnel after they opened fire

at the police party.

20/08/2011 1. Noticed to be served

on initial investigator.

Awaiting Ballistics

report


6 St. Catherine K J was fatally shot by the police when he

along with another man allegedly held up

Cpl. D D at gun point.

(1) Identify officers in

unit and notice them

(done)

(2) Get witness

statement (done)

(3) Get firearm register

details for officers

identified

(4) Have guns tested

based on findings of

ballistic report (letter

done 04.09.12)

Awaiting Ballistics

report

Awaiting response to

notices

7 05.05.2012 St. Catherine Complainant is reporting that his son S T

and his friend O R were fatally shot after

allegedly opening gun fire at the police

during an operation at his home.

05.05.2012 Awaiting response from

concerned officer

8 11.10.2010 Kingston

Complainant alleges that on 2010

September 28 her son D A was shot and

killed on Duffs Street off Maxfield Ave

by police from Denham Town P/S

11.10.2010 FIR to be done

Eye Witness unwilling

to do ID parade

Get forensic reports


9 30.07.2011 St. Catherine Both men were watchmen on a site,

police known to them came to the site one

opened the gate and let them in; both

police jumped from the car and opened

fire hitting both men who died. Police

claimed 4 men opened fire on them as

soon as they entered the site they returned

fire and the 2 were hit.

30.07.2011 Continue to make efforts

to contact witness then

ID parade

10 4.02.2012 St. Catherine It is alleged that Barrett was in his yard

when Police entered and shot and killed

him.

4.02.2012 To send a 2nd notice to

police who did not

respond to first

Awaiting Ballistics

11 14.06.2012 St. Catherine It is alleged that the police acting on

information went to premises at 2

Riverside Drive when men opened fire on

them and ran into the house. The fire was

returned and all three men were hit

14.06.2012 Firearm Recovery book Awaiting Ballistics

12 25.5.2011 St. Catherine Complainant alleges that 5 police men

entered her home, questioned her Baby

father. One policeman shot him in the

shoulder; she later heard more explosions

following which her Baby father’s body

was seen being taken away by the police.

25.5.2011 Q&A to be done

ID parade to be done.

Ballistic report

outstanding

Hutchinson of TSD has

not responded to notice


13 7.7.2011 St. Mary The complainant alleges that her boy

friend was brutally killed by the police

while coming from church

7.7.2011

14 26/11/09 St. Andrew Complainant alleges that her son was shot

and killed by the police at 37 Lincoln

Road in what the police alleged was a

shootout.

26/11/09 FIR being drafted Matter in circuit court

15 5/11/2010 St. Andrew Complainant alleges that S W was in the

company of four (4) other men who

opened fire at the police. The police

returned the fire and he was found

suffering from gunshot wounds.

5/11/10 Efforts being made to get

witnesses to come

forwarded

Awaiting ballistic

report.

16 18/2/2011 St. Andrew Complainant alleges that L B was shot by

unknown assailant on 22/9/2011

18/2/2011 FIR submitted Awaiting ballistic

report, post mortem,

forensic report and

statements

17 15/3/2011 St. Catherine INDECOM alleges that the deceased man

was inside his house with his sister and

niece. They were sent outside and Porter

fatally shot.

15/3/2011 Notice to DSP

Campbell- DSP on leave

Notice dispatched to

Montego Bay where

DSP Campbell is now

stationed

Awaiting ballistic

report


18 15/3/2011 St. Catherine Complainant alleges that K C was shot on

5/3/2011 by unidentified officer

15/3/2011 Provisional FIR being

drafted

Awaiting ballistic

report

19 St. Andrew The deceased was standing at the

intersection of Denver Crescent and

Avenue when a police van drove up and

explosions were heard. Shane ran into a

yard and was taken out and placed in the

van.

Awaiting ballistic

report, FLA response as

well as firearm register.

20 25/8//2011 Kingston Complainant alleges that her son was

killed as part of conspiracy surrounding a

license firearm holder firearm.

25/8//2011 Notices served twice, no

response

Awaiting FLA

response, ballistic and

forensic report

21 5/4/2012 St. Catherine Allegedly shot and killed in a shootout

with the police.

5/4/2012 Provisional FIR being

drafted

Awaiting ballistic

report and forensic

report

22 3/5/2012 St. Catherine N T was shot and killed in Spanish Town

when he allegedly pointed a gun at the

police.

3/5/2012 Cons. Wayne Pusey on

leave since June 2012

resumes 12 September

2012. Awaiting

Ballistic and forensic

reports

No response received

from initial investigator


23 6/7/2012 St. Catherine T R et al were fatally shot by the police

in Central Village in an alleged shoot out

6/7/2012 Notice to be sent to

initial investigator


concerned officers

Forensic investigation

report received

Post Mortem Report

received

24 9/10/2011 St. Catherine D V was allegedly shot and killed when

he saw the police and ran with a knife to

avoid being charged

9/10/2011

Initial Investigator’s

statement of

accompanying officer.

Awaiting ballistic

report.

25 10/12/2012 St. Catherine S T was allegedly shot and killed in his

bed room by the police, who is alleging

that he pointed a gun at them.

10/12/2012

Firearm register to be

collected

26 6/12/2011 Kingston C E was allegedly shot fatally at the Quad

night club during an altercation with

security guards

6/17/2011

27 12/25/2011 Kingston Complainant was a patron at a party when

he was allegedly shot fatally by Spl/Cons

C L even though he identified himself as

being a police officer

12/25/2011


28 8/11/2012 St. Catherine Both men were shot and killed allegedly

by police personnel from the Area 4

Headquarters at their home.

8/11/2012 Some of the officers

were unknown to the

Commander.

Awaiting transcript

from Police Control,

Post Mortem and

Ballistic reports.

TEAM – BRAVO

CATEGORY

B

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM BRAVO CATEGORY B INVESTIGATIONS



Allegations Date



Internal External 1 22/2/12 St. Catherine O G and J S were fatally shot at Lakes

Pen, St. Catherine by officers allegedly

attached to the Mobile Reserve

22/2/12 1. Scene mapping

report from forensic unit


pending

2 1/3/2012 St. Catherine J C and K W were fatally shot on 1.2.12

by officers attached to the Mobile

Reserve at Eltham Park, St. Catherine

1/3/2012 1. Post mortem report

pending


pending

3. Awaiting statements

from four officers

4. notices re-issued

3 10.11.12

St. Catherine

D H was shot and killed in Old Harbour.

The police states that he engaged them

in a shootout and sometime after citizens

reported seeing a man suffering from

gunshot wounds, it was discovered that

it was Jawbone

10.11.12 1. Awaiting initial

investigator statement

2. Awaiting information

requested from concerned

officer re: firearm

competency

3. Awaiting post-mortem

report

1. Awaiting scene

mapping report from

forensic unit


4 24/12/11 INDECOM obo A M was shot and

killed in Portmore allegedly by a

member of the JDF

24/12/11 1. Still awaiting response

from Col. Cole regarding

information requested


pending

7/4/2012 St. Catherine S D was fatally shot allegedly by the

police when he pulled a firearm and

pointed it in their directions.

7/4/2012 1. Awaiting

Ballistics. 2.

Statement from

officer who issued

firearm and initial

investigator.

12/6/2012 St. Catherine It is alleged that the deceased held up a

taxi driver and while making an escape

he fired at a police officer and the fire

was returned and he was fatally hit.

12/6/2012 1. Firearm and

Ammunition register to

be copied.

1. Awaiting

Ballistics. 2.

Statement from initial

investigator.

14/08/2012 St. Catherine A W was among a group of men when

he allegedly pulled a firearm and

pointed it at a police officer; in fair for

his life the police fired in his direction

and A W was hit and was pronounced

dead at the Linstead Hospital.

14/08/2012 1. Awaiting

Ballistics. 2.

Statement from initial

investigator.

3. Keep and care

information.


5 5.5.2011 Kingston Complainant is reporting that her son

was brutally shot by the police when he

was in the company of two other men

after buying food from a nearby

community.

5.5.2011 Received response august

2012

Gun for Prendergast

Awaiting forensic

reports

FIR submitted to

DOC McNabb

03.09.2012

6 9.12.2011 St. Catherine Complainant is reporting that his son

and his friend were shot fatally after

being confronted by the police and

allegedly opened fire at them.

9.12.2011 Provisional FIR being

drafted

7 03.03.20012 St. Catherine INDECOM on behalf of J S was shot

and killed by police when he allegedly

tried to rob passengers in a taxi.

03.03.20012 Awaiting response

from concerned

officers

8 11.02.2012 St. Catherine INDECOM on behalf of C N was shot

and killed by police when he was among

a group of men who allegedly tried to

rob individuals and allegedly fired at the

police, the fire was returned and C N

was found suffering from gunshot

wounds.

11.02.2012 Awaiting response

from concerned

officers and initial

investigator.


9 St. Catherine Complainant is reporting that her son

was brutally shot and killed by the

police in Watson Grove Portmore, St.

Catherine.

10 18.06.2012 St. Catherine Complainant is reporting that her son

was unjustifiably killed, when police

shot him in his leg then pulled him on

his knee and shot him in cold blood.

18.06.2012 1. Firearm register to be

copied.

11 13/11/2011 Kingston N H was a passenger on a bus heading

from Lawrence Tavern to Down Town,

Kingston when it is alleged that he

pulled a firearm and demanded cash

from a passenger. The now deceased

pointed his firearm in the direction of a

police corporal who was a passenger on

the bus as a result the police fired in his

direction he ran and was later found

dead.

13/11/2011 1. Keep and care entry to

be recorded.

1. Awaiting response

from concerned

officer and initial

investigator

12 13/09/2011 St. Catherine Both men were allegedly shot and killed

in a shootout with the police after they

allegedly opened gun fire at some

residents along Big Lane, McCooks Pen,

and St.Catherine.


13 15/09/2012 St. Catherine Complainant was shot and killed by the

police after he allegedly pointed a

firearm at the police at his home.

15/09/2012 Question and Answer to

be completed

Awaiting Ballistics

Statement of

personnel who issues

firearm.

14 4.0 6.2011 St. Catherine It is alleged that Respondent and a

license firearm holder were travelling

together when their vehicle developed

problems. When they exited to see what

was the problem, men - including the 2

deceased - came from a minivan and

attempted to rob them. A gun battle

ensued and a guardsman security joined

in. When the fire ceased two of the men

laid dead.

4.0 6.2011 To collect entry from

firearm recovery book

Awaiting Ballistics

Awaiting response

from police

15 6.06.2011 Kingston O C deceased was allegedly searched by

the police and then told to run, when he

did he was chased and shot by the police

6.06.2011 Witness Statements to be

collected

16 18.07.2011 St. Catherine M H Deceased was in bed about 4am

when police allegedly went to his home

on the Hellshire beach and identified

themselves when he opened fire on

them. The fire was returned and H was

hit. No eye witnesses

18.07.2011 To get Firearm Recovery

Entry

Entry

Ballistics


17 24.05.2011 Kingston On Oct 3, 2010, who at time was an

escapee from jail saw the Concerned

Officer who lived in the same

community as he did. He and another

approached the officer with firearms and

one said “pussyhole police bwoy a long

time you fi dead” The Respondent

opened fire hitting Presley who died

24.05.2011 Ballistics

18 5.11.2011 St. Catherine K R and another man allegedly robbed

some persons including a jerk chicken

vendor. It was reported to police on beat

duty and the men were seen. They

engaged the police who returned fire and

the men ran. The following morning a

citizen of Clayton Heights discovered

R’s body in her yard.

5.11.2011

19 15.12.2012 St. Catherine It is alleged that the Police Party was on

patrol when they received information

that there was a shooting incident in the

Waterloo area of Spanish Town. The

party proceeded to the area where they

saw a man running with a gun in his

hand. He opened fire on the police who

returned the fire hitting him. Pronounced

dead at Hospital

15.12.2012 To get ballistics

Firearm Recovery book

entry

Awaiting response

from police


20 9.05.2012 St. Catherine J C alleged that a Police Party while on

Patrol saw 2 men behaving in a manner

that aroused their suspicion. They

accosted the men and one pulled a

firearm and opened fire at the police.

The fire was returned and the man was

hit. Pronounced dead at hospital

9.05.2012 To seek intervention from

Supt to urge police to

respond.

Ballistics

21 18.06.2012 St. Catherine Complainant alleges that her son was

wrongfully shot and killed by the police

who allege that a shootout ensued.

18.06.2012 Forensic examiner’s

report/submission

Ballistics report

Post mortem report

22 28.07.2011 Kingston It is alleged that E J was shot and killed

by the Police in a shootout

(Shooter Cons M. B)

28.07.2011 Collect Witness

statements

Ballistics Report

23 5.06.2011 Kingston It is alleged by the police that P H was

shot and killed in a shootout with the

police

5.06.2011 Witness Statement (s) 1. Ballistics Report

2. L/Cpl R A

Statement

3.


24 13.12.2011 Kingston It is alleged that A M after he allegedly

attacked and stabbed Dist. Cons. H. T at

North Parade, Down town, Kingston @

approximately 5:30 AM.

13.12.2011 (1) Canvas for witnesses

(2) Get respondent’s fire

arm booklet

(3) Prepare FIR detailing

firearm

25 7.7. 2012 St. Catherine Complainant alleges that his son was

executed by the police in Pursey Bush,

Lauriston, and St. Catherine.

7.7. 2012 1. Copy Diary entry from

Spanish town Police

Station

2. Collect statements

from concerned

officer/soldiers

3. Collect fire arm

register from JCF

4. Collect fire arm

register from JDF

26 13/10/2012 St. Catherine Three men were observed in the vicinity

at the taxi park in Old Habour, they were

accosted by C/Cons. W. B and a

shootout ensued when the gun fire

seized R H was found suffering from

gunshot wounds.

13/10/2012 1. Concerned officer

statement still

outstanding.

1. Awaiting ballistic

and Post mortem

certificates.


27 6/9/2012 St. Catherine Area 4 Special Opps team received

information that a man had committed

crime in the Kingston western Division

was hiding out in the Gregory Park area;

intelligence led them to house where

they saw a man sitting on a bed they

called to him and he pointed a firearm at

them. Police took evasive action and

they fired in his direction and he fell to

the ground.

6/9/2012 1. Awaiting ballistic

and Post mortem

certificates. 2.

Awaiting statement

form officer who

issued firearms.

28 21/10/2012 St. Catherine Police were on foot patrol and was told

of two men being in an altercation and

one of the men went for and gun and

came back. The police then saw the said

man pointing an object looking like a

gun on a man in a shop and threatening

him, he was then accosted by the police

officer when he pointed the object in the

officer’s direction. The officer took

evasive action and fired in the man's

direction.


and Post mortem

certificates. 2.

Initial investigator

statement outstanding

(vacation leave).

3. Awaiting

statement from

officer who issued

firearm.

29 24/10/2012 St. Catherine N N was allegedly shot and killed by the

police when he was found breaking in a

wholesale.


and Post mortem

certificates.


30 19/08/2011 Kingston It is alleged that the Kingston Western

Special Opps Team where on operation

when they accosted the now deceased

who escaped and ran in a house and

fired at the team; the gun fire was

returned and he was found suffering

from gunshot wounds

19/08/2011 1. Awaiting

concerned officer’s

statement.


certificate.

31 25/07/2011 Kingston It is alleged that police officers were

carrying out enquires when they saw the

now deceased behaving in a suspicious

manner and chase him into a dwelling

house where they accosted him; D P

pulled a firearm and pointed it in the

direction of the police. D/Cons. C fired

at him and he fell to the ground.

25/07/2011 1. Q & A to be done and

I.D. Parade.


report. 2.

Awaiting statement

from officer who

issued firearm.

32 7.4.2011 St. Andrew Cpl. W L shot and killed four persons,

then himself.

7.4.2011 Sister to give statement

regarding prior

knowledge of abuse by

the police.

33 25/5/2011 St. Andrew D E was shot and killed by the police in

an alleged shootout May 21, 2011.

25/5/2011 Notice served twice on

Sgt. Ford. Response

received from other

concerned officers.

Awaiting firearm

register, ballistic and

forensic certificate.


34 2/6/2011 St. Andrew K J was shot and killed by the police

when he allegedly attacked the police

with a knife.

2/6/2011 Awaiting ballistic and

forensic certificate.

35 27/6/2011 St. Catherine C G was allegedly shot and killed when

he engaged in the kidnapping of a

business man in Spanish Town.

27/6/2011 Firearm register to be

collected


forensic certificates

36 17/9/2011 Kingston T L was fatally shot when he allegedly

held up a taxi operator and subsequently

ran into the police, and after a brief gun

battle, he was found suffering from

gunshot wounds

17/9/2011 To collect Firearm

register


forensic reports.

37 5/4/2012 St. Catherine D P was allegedly shot and killed in a

shootout with the police.

5/4/2012 Awaiting ballistic

report and forensic

report

38 14/09/2012 St. Catherine Both men were allegedly shot fatally in

a shootout with police at 8 Venus Close,

Portmore Lane, and St. Catherine.

14/09/2012 Awaiting Post

mortem report,

Ballistic report and

firearm register.

Awaiting statements

from concerned

officers and initial

investigator.

39 3/10/2012 St. Catherine S A was shot and killed in an alleged

shoot out with the police at 83 St. Johns

Road, St. Catherine.

3/10/2012 Initial investigator to be

noticed for statement.

Awaiting Ballistic,

firearm register and

post mortem report.


40 13/10/2012 St. Catherine A H who is of unsound mind attacked a

civilian with stones and the police

intervened. He also attacked the police

with stones and as a result he was shot

and killed by one of the officers.

13/10/2012 Awaiting Ballistic,

firearm register and

post mortem report

and statement from

concerned officers

and initial

investigator.

41 12/8/2011 St. Andrew D L was allegedly shot and killed by the

police when he was breaking into a

business establishment.

12/8/2011

42 26/01/2012 St. Catherine D T was among a group of about four

men, who pulled firearms and shot at the

police, the gun fire was returned by the

police, when the gun fire seized, D T

was found suffering from gunshot

wounds and a pistol found beside him.

26/01/2012

43 9/9/2011 St. Thomas A police was a patron at a bar playing

dominoes when men pounced upon them

and started to rob them. During the

robbery D was shot fatally

9/10/2011 Awaiting Ballistic

and forensic cert

44 10/4/2011 St. Catherine Police fatally shot Thomas after he

allegedly fired shots at police

10/4/2011 Ballistic Report

outstanding,

Postmortem report

outstanding, Forensic

report outstanding

45 10/18/2011 St. Catherine Both men were allegedly shot fatally in

a shootout with police

10/18/2011 Ballistic Certificate


46 10/27/2011 St. Catherine K S and others allegedly robbed and

shot a man after which an alarm was

made and the police alerted. When

challenged by the police a running gun

battle ensued and K S was shot fatally.

10/27/2011 Ballistic Certificate,

Postmortem report

47 11/7/2011 St. Mary A H was allegedly shot after he robbed a

police man and his companion


48 12/15/2011 St. Andrew N Z was allegedly shot and killed by the

police during a shootout with gunmen

12/15/2011 Ballistic Cert,

Forensic Cert

49 12/22/2011 St. Catherine D H was allegedly shot by the police

after he pulled a gun and opened fire at

them

12/22/2011 Responses from

concerned officer pending

Ballistic Cert,

Forensic Cert

50 12/31/2011 St. Catherine G M was allegedly shot by police during

a shootout

12/31/2011 Ballistic Cert,

Forensic Cert

51 9/8/2012 St. Catherine S M was allegedly shot by police during

a shootout

9/9/2012


52 4/16/2011 Kingston C H was allegedly shot by the police at

his house before his wife and children

6/14/2011 TSD Report and

statements, Ballistic

Certificate, Forensic

certificate

53 8/18/2011 St. Catherine M M was shot fatally by the police in an

alleged shootout

8/22/2011 Yet to get a response

from JDF personnel

Ballistic certificate

54 6/18/2011 St. Catherine Deceased was fatally shot by police

during a car chase. It is alleged that the

car that was chased by the police

crashed and the deceased and other

persons alighted and fired at police.

6/20/2011 TSD reports and CD ,

Postmortem report

Ballistic certificate

55 12/8/2011 St. Catherine Deceased was killed during a running

gun battle with the police who ventured

on the St. Jago High School compound.


56 1/12/2012 St. Catherine S E was allegedly shot and killed by

police personnel after he had gone to rob

a gas station.

1/12/2012 response is still

outstanding for one

secondary officer

Awaiting transcript

from Police Control,

Post Mortem and

Ballistic reports.


57 17/12/2012 . Police acting upon information went to

the Portmore Fishing Village upon

arrival they saw a group of men and

made attempts to accost them, who

allegedly open fire at the police team,

the police returned gun fire and two men

were found suffering from gunshot

wounds and were pronounced dead at

the Spanish Town Hospital.

17/12/2012 response outstanding


TEAM – BRAVO

OTHER

INVESTIGATIONS

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM BRAVO OTHER INVESTIGATIONS

No. File # Incident Location of

Incident Allegations

Date Investigation Commenced


Internal External 1 376/11 Unlawful

Detention

Non-Action

Kingston F H states that he was falsely

arrested and charged for making

threats, held in custody for 4 days,

but the matter was never

mentioned in court when he

attended, he also states that he has

lodged several complaints at the

Red Hills Police Station regarding

threats and assault against him, but

they have not responded

12/8/2011

2 427/11 Assault

Unlawful

Wounding

Conduct

Unbecoming

St Thomas H H states that he was physically

assaulted and wounded by officers

attached to the Yallahs Police

Station

8/9/2011

3 430/11

1. Assault

2. Unlawful

Wounding

3. Abuse of office

4. Non-Action

5. Conduct

Unbecoming

Kingston O T states that she was punched in

the face, struck twice in the head

and her phone taken from her by a

officer attached to OCID

29/09/11 1. Awaiting

pictures from

complainant

(complainant has

been

uncooperative

with

investigations

which has

resulted in the

delay of its


completion)

4 519/11 Assault

Unlawful

Wounding

St. Catherine M J states that on 13/10/11 he was

beaten in his head with a baton by

a officer attached to the Old

Harbour P/S

14/10/11

5 492/11 Assault

Conduct

unbecoming

Kingston K W states that he was held by his

throat and pushed up against a wall

by a officer at the Half Way Tree

Police station

2/11/11

6 561/11 1. Assault

2. Unlawful

Wounding

Ocho Rios R L was in custody at the St. Ann‟s

Bay P/S lockup and states that on

23/8/11 while there he was

severely beaten and injured by a

police officer attached to the

station

2/11/2011 1. Awaiting

pictures from

complainant

(complainant has

been

uncooperative

with

investigations

which has

resulted in the

delay of its

completion)


7 562/11 Assault

Unlawful

Wounding

Ocho Rios C A is in custody at the St. Ann‟s

Bay P/S lockup and states that on

23/8/11 he was severely beaten and

received wounds to his head and

face and one of his fingers was

broken by a police officer attached

to the station

2/11/2011 1. Awaiting

medical

certificate

2. Awaiting

response to

Notices from

officers

8 604/11 Shooting Injury St. Catherine A S O.B.O. O M, the complainant

states that Mr. M was allegedly

shot and injured by police officers

while driving her motor car along

the Bog Walk Gorge

11/11/2011 1. Ballistics

Report pending


9 606/11

Assault

Unlawful

detention

Unlawful seizure

of property

St. Catherine M H O.B.O. R H, the complainant

states that her brother was

unlawfully detained several times,

beaten and held for prolonged

periods and his documents and

tractor where seized by the police

during one of his detentions

4/11/2011 1. Awaiting

response to

notices from

other concerned

officers

2. Complainants

are to provide

medical

certificates for

additional

medical

treatment

received

3. complainant

has been

reluctant to

cooperate with

investigation thus

causing delay in

obtaining needed

information on

the incident

10 574/11 Unlawful

detention

Unlawful seizure

of motor vehicle

Kingston W R states that he was arrested and

his motor vehicle seized because

he did not have his original

driver‟s license despite showing

the police that he had applied for it

and received an authorized form

from the Tax office

10/11/2011


11 626/11 Assault on a

minor

Unlawful arrest of

a minor

Kingston D B O.B.O. T L, the complainant

states that her minor child was

assaulted and arrested by a officer

attached to the Central police

station

1/12/2011 1. Awaiting

statement from

additional officer

since identified

Awaiting

complainant

taking child to

the office to give

his statement

12 658/11 Neglect of Duty Kingston K C states that he was beaten by

other prisoners while in lock up

and the police did nothing to

prevent it

24/12/11 Awaiting

response to

notices from five

officers

13 687/11 Abuse of office

Harassment

Unlawful Arrest

St. Thomas JFJ on behalf of C P and P D, JFJ

submitted statements from these

compliments stating that they were

abused, held unlawfully and

harassed by officers attached to the

Seaforth police station

14 B4/12 Assault St. Catherine A N states that she was held by her

throat by a police officer whom

she knows as “Mott” while

walking in her community on

16.1.12

20/1/12 1. Complainant

unable to provide

any witnesses to

incident

15 B28/12 Assault

Wounding

St. Catherine K S says he was in his community

when a policeman used his gun to

stab him in his side

26/4/12 1. Awaiting

statement from

concerned officer

1. Complainant

to provide

witness to

provide

statements


16 B32/12 Assault

Conduct

unbecoming

St. Catherine E B states that he was at his

business place when police officers

came and ordered that the music be

turned off, an officer then

proceeded to assault him and

destroy his property

12.5.12 Awaiting

statement from

concerned officer

17 B33/12 Shooting injury St. Catherine S B was shot and injured by a

police officer who states that Mr.

Barnett attempted to steal his car

and that he pulled a gun on him

15.5.12 1. Medical

certificate to be

applied for

1. Ballistic report

2. Medical

certificate

18 B36/12

Assault

Threat

St. Catherine K G states that he was in his

community when two police

officers whole live in the said area

stopped him and proceeded to beat

him up and issue threats on his life

29.5.12 1. Notice to be

issued to

concern officers

(identity of

officer‟s is

undetermined,

complainant did

not provide ID)

1. Unable to

identify

concerned

officers, awaiting

initial

investigator‟s

statement to aide

in this regard

19 B89/12 Shooting

Injury

St. Catherine J H was shot by a police officer

who states that the complainant

held him and his friends up at

gunpoint and attempted to rob

them

16.10.12 1. Ballistic report

2. Medical report

3.

Statement/C.D‟s

from SOC


20 B92/12 Injury St. Catherine Thirteen inmates who were being

held at the Portmore police lock up

alleged that they were beaten by

officers during a riot at the lockup

22.10.12 1. Notice to be

sent to medical

doctor

2. Statement of

one inmate still

outstanding

Contact still to be

made with doctor

who attended to

inmates

Awaiting

statements from

concerned

officers

Awaiting medical

certificates from

two inmates who

have since

21 292/11 Shooting Injury St. Catherine Complainant was allegedly shot

while attempting to rob a police

officer.

7/14/2011 Awaiting

Medical

Certificate,

Awaiting

Ballistic Cert.

22 315/11 Harassment St. Catherine Complainant is reporting that SSP

A C discharged his firearm whilst

he was chasing him. He was taken

to Spanish Town Police Station

where he was charged, released on

bail. He alleges that no papers

were submitted for him to answer

to the charges in court.

7/26/2011

23 396/11 Assault, Threat Kingston The complainant alleges that he

was assaulted and threatened by a

policeman he knows as D after his

sister and the policeman‟s had an

altercation.

8.8. 2011


24 261/12 Shooting Injury St Catherine Complainant alleges he was

wrongfully shot by a police man at

Grange Lane in St Catherine when

he and two friends went to pick

mangoes.

2.6.2012 Forensic

examiner‟s

report/submission

Ballistic report

Medical report

25 507/11 Threat,

unprofessional

conduct

St. Catherine Complainant alleges that he was

picked up and taken to the Greater

Portmore CIB where he was

threatened and forced to give a

signed statement

10.10.2011 Collect Diary and

copy of statement

from the Greater

Portmore PS

26 393/11 Threat St. Catherine Complainant alleges that a

policeman (D B) has threatened to

kill her Boyfriend R B

28.8.2011 1. Serve notice

on concerned

officer

2. Collect

statement from

alleged victim

27 263/11 Shooting Injury,

Assault

St. Catherine The complainant alleges that her

son was shot and injured and his

cell phone and money taken from

him, after a man with whom he

was walking threw away a gun on

seeing the police.

1.7. 2011 1. Collect

concerned

officers‟

Statements

Ballistics Report

28 487/11 Assault Kingston Complainant alleges that three

police men attached to the central

Police Station assaulted him

(tightening cuffs)

22.8. 2011 1. Collect station

Diary

2. Collect

concerned

officers

Statements

3. Response to be

received from


concerned

officers

29 448/11 Harassment Kingston The complainant A W alleges that

he has been harassed by two

policemen from the Hunts bay

Police station known as RAS and

Half a dog since June 2010

14.9.2011 Get Chief

Investigator„s

guidance

Collect copy

statement from

the Hunts Bay

Police Station

Assert the

identity of the

concerned

officers.

30 B1/12 Assault,

unbecoming,

threat

St. Catherine G B alleges that unidentified police

and soldiers entered her home

assaulted her daughter (boxed) and

threatened her family. Along

March Pen Road on December 30,

2011

30.12.2011 1. Request

identity of police

and soldiers on

duty at the date

and time in

question

2. Notice

concerned

officers

31 285/11 Assault St Thomas P. L alleges that a group of men

were assaulted while in police

custody in St Thomas. He has not

provided the names of the men

12.7.2011 1. Request

identity of police

and soldiers on

duty at the date

and time in

question

2. Notice

concerned

officers


32 611/11 Assault St. Catherine C. R alleges that she was assaulted

while on her way from a party by

two police men Cons.: R. Jand S in

the Daytona Housing Scheme @

approximately 2:15 AM. C R

complains of a sensation below her

wrist.

19.11.2011 1. Stage ID

parade

2. Obtain

medical

certificate

33 648/11 Shooting Injury Kingston It is alleged that D. K who

attempted to rob a delivery truck

was shot by Woman D/Cons D. D

who pointed his fire arm at the

police while being accosted by the

police, on December 8, 2011 at

West Street.

8.12.2011 1. Apply for

medical report

2. Get statements

from concerned

officers

34 281/11 Theft Kingston Complainant alleges that two

police men took him from Halfway

Tree to New Port West Police

Station held him for two hours and

stole over $100,000 from him

11.7.2011 1. Visit New Port

West Police

station to copy

diary entry if any

entry was made.

2. Assert the

identity of the

concerned

officers

35 93/11 Seizure of

Property

St. Mary It is alleged by complainant that

his motor vehicle was unlawfully

seized by the police on 16 March

,2011

16.3.2011


36 334/12 Assault St. Catherine M W alleges that he was physically

assaulted by a police officer he

knows only by an alias beginning

with “I”

26.6.2012 1. Medical

Certificate

received

37 344/12 Shooting Injury St. Catherine Complainant alleges he was shot

and injured by Cons. J when he

was held at gun point by two men

and forced to rob the said Cons. J

18.7.2012 1. Awaiting

Ballistic

certificate

38 B66/12 Assault St. Catherine Complainant alleges he was

assaulted by police officers who

entered his house without a Search

warrant.

14.9.2012 1. Awaiting

statement from

SP Blair.

39 547/12 Destruction of

Property

St. Catherine Complainant alleges that her house

was entered by police officers in

her absence and her property

damaged.

29/10/2012 1. Q & A dated

for 8/01/2013.

40 599/12

B105/12

Assault St. Catherine Complainant alleges that he was

taken off a bus, searched, beaten

and, then locked up by the police.

7/12/2012


41 448/12

B68/12

Assault St. Catherine Complainant alleges that she was

assaulted by her husband Cons. K.

S.

. F.I.R done 1. Awaiting

arresting officer's

statement.

B1/13 Assault St. Catherine Complainant alleges he was

assaulted by police whilst in the

Lock Ups at the Spanish Town

Police station.

8/1/2013

2 342/08 Assault Kingston The Complainant is reporting that

on Friday November 28, 2008, her

son C M who is in custody was

beaten by the police because a

phone was found in his cell. He

was taken to the hospital by the

police.

1.12.2008 Notices

dispatched done)

13.8.12

Q and A

ID Parade


43 68/10 Assault St. Catherine Complainant A B alleges that he

and his friend were picked up by

the police and placed in a pick-up

van. While waiting in the van a

police officer used his gun to hit

him in his mouth bursting his

lower lip and dislocating one of his

teeth.

22.02.2010 Difficulty

identifying

concerned officer

Called Pinnock

28.12.12

04.09.12 called P

spoke to B said

he would check

on it

Awaiting

response from

respondents

44 301/10 (i) Assault

(ii) Conduct

Unbecoming

Kingston Complainant T W alleges that she

was shoved by a Police Officer

bearing #8208 who then threatened

to hit her baby from her belly.

15.10.2010 Difficulty

procuring further

statement from

complainant for

ID Parade

FIR submitted

20.08.12

45 347/11 Assault St. Thomas Complainant alleges that he was

boxed in the faced and pushed into

a tree by a police officer

09.0.2011 Awaiting

response from

respondent

46 343/11 Non-action Portland Complainant is reporting that he

was chopped and wounded by a

man in his community and despite

lodging a complaint with the police

they have not taken any action.

08.08.2011 FIR completed


47 278/11 Malicious

Destruction of

Property, Assault,

Harassment

St. Catherine Complainant is alleging that he

was assaulted and subsequently

harassed by police officer‟s called

“Half –a-Dawg” and “Russian”

from the Spanish Town Police

Station. His father N B is also

alleging that his property was

destroyed by a police officer called

“Doggie” which resulted in loss of

income.

48 276/11 Harassment St. Andrew Complainant is alleging that her

brothers are being harassed by the

policemen from Gordon Town

Police Station

06.07.2011 Reserve notices

49 224/11 Non-action Kingston Complainant is alleging that her

grandniece is conspiring with the

police and each time she makes a

report to the police against the

grandniece they are reluctant to

take her statement.

16.06.2011 Withdrawal form

to be signed

50 397/11 Assault Kingston Complainant is alleging that her 13

year old son was assaulted by a

police officer known as “Half-a-

Dawg” in Downtown Kingston.

19.08.2011 Withdrawal form

to be signed

Letter done

Awaiting

response

(1) Police

officers to be

identified


51 340/11 Conduct

Unbecoming

Kingston Complainant is alleging that his

interaction with police personnel

was uncomfortable. He further

alleges that the officers‟ conduct

was unbecoming of the status of

the constabulary force.

29.7.2011 FIR completed

52 505/11 Non-Action Kingston Complainant reported that his

quarry was robbed of scrap metal,

a backhoe was used to transport the

metal; it was seized by the police

who failed to charge anyone.

06.10.2011 FIR to be

prepared

53 502/11 Shooting injury Kingston INDECOM on behalf of M S is

reporting the shooting injury of the

aforementioned male along

Dumfries Road on October 05,

2011.

05.10.2011

54 511/11 Assault Kingston A W (disabled) is reporting that a

police officer sprayed pepper spray

in his eyes whilst he was leaving a

bar in Half Way Tree.

10.10.2011 Got to HWT

station check

peppers spray log

book.


55 612/11 Harassment Kingston B W on behalf of O C is reporting

that since she made a report to

INDECOM that her son was

assaulted by Sgt. G, her family has

been harassed on 23.11.2011. A

policeman stopped her son and

later threatened him.


56 583/11 Illegal Search/

Misappropriation

of Property

St. Catherine Complainant is reporting that

police officer called “Not nice”

and “Degout” took two phones

and a pair of sneakers from his

house without giving him a receipt

or an explanation for taking the

items.

FIR to be done

57 527/11 Illegal Entry St. Catherine Complainant is alleging that

officers attached to Portmore

Police Station visits her home and

searches her property without

producing a search warrant on a

regular basis.

21.10.2011 Awaiting

response from

Sup Blair

58 B/15/12 Assault St. Catherine Complainants were assaulted by a

police officer B R, who happens to

be their cousin.

20.02.2012


59 B4/12 Harassment St. Catherine Complainant is reporting that a

police officer whom she raised as a

child has threatened kill her

04.01.2012 Awaiting

Response from

concerned officer

60 B8/12 Assault St. Catherine Complainant is reporting that she

was badly beaten by a police

officer who tried to arrest her.

Awaiting

response from

concerned

officers

63 B25/12 Assault St. Catherine Complainant is reporting that he

was first assaulted by a police

officer who pointed a gun at his

mother and on another occasion

was arrested by the same officer

who claimed that he (complainant)

assaulted him.

12.04.2012 Notices to be

prepared

64 B39/12 Unprofessional

Conduct

St. Catherine Complainant is reporting that her

son‟s encounter with Sgt W has

been unprofessional 11/04/2012

No response

from complainant

65 B11/12 Malicious

Destruction Of

Property

St. Catherine J A is reporting that Inspector D B

gave orders to have his stall

demolished, whilst on private

property.

27.01.2012


66 366/12 Conduct

Unbecoming

St. Catherine Complainant alleging that a police

officer has fabricated evidence in

a case she has before the Spanish

Town R.M. Court

24.07.2012

67 364/12 Assault St. Catherine

V W is alleging that a police

officer has boxed her in the face

several times after she walked

away from him and hissed her

teeth

30.07.2012

68 586/11 Assault Kingston Complainant was allegedly

assaulted by the police officer

while protecting a cousin who was

shot and injured by the police.

15/11/2011

69 B104/12 Assault St. Catherine

Complainant was allegedly

assaulted by the police during an

altercation.

27/11/2012

71 462/12 Destruction of

Property

St. Catherine

Complainant claims that police

officers allegedly fired a number of

gun shots at her home whilst in

pursuit of gunmen.

29/09/2012


72 B94/12 Shooting injury St. Catherine

Complainant was allegedly shot

and injured by the police after he

disembarked a bus.

27/10/2012


Complainant was allegedly

assaulted by the police whilst at a

restraint.

6/12/2012

75 B99/12 Shooting Injury St. Catherine

Complainant is reporting that he

was shot and injured by the police

whilst on a construction site.

16/11/2012


was taken from his hotel room and

assaulted by police personnel and

JDF soldiers during and after

operation in Portmore.

06.03.2012 Concerned

officer un-

identified

Awaiting

response from

concerned officer

Awaiting

statement from

girlfriend


was assaulted by police and JDF

soldiers one of whom hit him in

the ears bursting his ear drum.

02.04.2012 Notices to be

prepared


76 287/10

Unlawful

Seizure

St. Ann T A alleges that on Sept.27, 2010

Officers S and L seized his vehicle

on behalf of one Art‟s Car Mart,

for alleged default of payment.

7.10.2010 File sent to

Inspectorate

Branch

78 287/10 Threat St. Catherine K G alleges that Sgt. S against

whom he had made a complaint

saw him at the Spanish Town P/S

and pointed 2 fingers at him as if

holding a gun. The Complainant

considers this a threat



P-J J alleges that she was assaulted

by Cons. B on 2010 October 6,

after he stopped her and issued her

with a ticket for no driver‟s

license. She was pushed, shoved

and choked.

8.10.2010

80 294/10 Assault St. Andrew J G alleges that on 2010 Oct. 13 he

was threatened by an unidentified

police man who had stopped him

and claimed that he did not like

how G answered his questions

13.10.2010 Awaiting

response to

continue….

Cannot get in

touch with

Complainant

Send notice to

officer who wrote

the ticket


81 296/10 Assault St. Ann O M alleges that on a date he

doesn‟t recall he was at a beach in

St. Ann when police personnel

accosted him, burst his belt and

assaulted him

15.10201 FIR to be done

82 315/10 Assault St. Catherine Complainant alleges that her son J

L was assaulted by Cpl. W in Old

Harbour after the police man told

him to go into a Taxi after school

he went into a different direction.

The police allegedly used a baton

to hit him.

Do 14 day letter.

FIR to be done

Awaiting

complainant to

take in her son

for a statement to

be taken from

him.

83 342/10 Assault

S M alleges that 2010 Nov 4 he

was taken off his job and assaulted

by Det. Inspector R from the

Flying Squad, who also ordered

him to leave the house he lives in

16.12.2010 FIR being done

84 345/10 Assault Kingston D B alleges that on 2010 Nov 7, he

was assaulted by an unidentified

police who also tried to put a bullet

on him

24.11.2010 To set up ID

parade, pending

ability to locate

complainant.

Needs

clarification from

Complainant re

date given


85 267/10 Misappropriation

of Property

Kingston M W alleges that on 2010 August

27, He was arrested and charged

for vending, upon his release some

of his phone cards were missing.

14.9.2010 FIR done

86 File

5/10

Assault St. Catherine J T alleges that on 2010 Jan 6 he

was assaulted by Cons. J. B after

he used the car he was driving to

hit the Complainant on his hand

7.01.2010

87 360/10 Assault St. Andrew E C alleges that on Oct 18, 2010 he

was driving a bus in the Lawrence

Tavern Square when he was

assaulted by Officer C. C on

another bus

14.10.2010 FIR to be done.

Get further

statement from

complainant as to

how he knew the

concerned

officer.


88 Malicious

Destruction of

Property

Kingston P R alleges that on 2010 July 19,

he was stopped by Cons. G W on

Caledonia Avenue, he reversed to

let out another motorist who had

also been stopped and the

respondent fired shots at him,

which damaged his car.


89 225/10 Assault St. Catherine B W alleges that on 2010 July 21,

she observed one Sgt. Graham

draping and kicking her son C N

B.

20.7.2010 FIR to be done Awaiting

response from

Insp. Thomas

90 262/10 Unlawful seizure

of property

Kingston S P alleges on 2010 Sept 16, Supt

Ford et al confiscated passports

and other documents from his

office and refused to return same.

10.09.2010 Awaiting

Response from

PICA

91 15/11 Neglect of Duty St. Andrew E S alleges among other things that

a fire took place at his business

place and that it is not being

properly investigated by the St.

Andrew North Police Division

11.01.2011 File with

DOC/COI


92 28/11 Shooting Injury Jamaican

Waters

Complainants, Honduran nationals

allege that they were on board boat

fishing in Jamaican waters when

they were ordered to stop. When

the order was not met, JDF coast

guards fired at the vessel injuring

them

FIR to be done


Cons. A, after an altercation with

another student at the Spanish

Town H/S, He was hit with a

Baton

1.02.2011

Awaiting medical

certificate from

complainant

94 61/11 Assault St. Thomas Complainant alleges that her son a

minor was accosted by the police

and assaulted while being

handcuffed and taken to the

Yallahs P/S


95 64/11 Assault St. Andrew L C, While on a complex on

Ruthven Road the Complainant

was assaulted by two 2 female

officers while giving him a body

search

7.02.2011 Cannot find

Diary Entry

Awaiting Court

Records


96 94/11 Assault St. Andrew

Complainant was told expletives

and assaulted by respondent after

she intervened in an altercation

with her daughter and other girls,

re the assault the complainant

alleges that she was draped and

pushed,. She was also hit in the

chest

17.03.2011 I do not believe I

can take this file

any further

especially

without the

corporation of the

Complainant.

FIR to be done

97 110/11 Assault St. Andrew

Complainant was assaulted by

respondent at Duhaney Park lock

up

27.03.2011 Collect witness

Statement

Send out

additional notices

98 116/11 Assault Kingston Complainant assaulted by

respondent after respondent asked

him to go buy phone cards and he

told him that he couldn‟t go that

far


99 3741/11 Assault and

Unlawful

Detention

St. Thomas

J C alleges that he was assaulted

and detained unlawfully by the

police. After a woman for whom

he raised chicken accused him of

misappropriation of the livestock.

The chickens had died.



100 565/11 Assault St. Catherine Complainant, 16 years old alleges

that she was at a Taxi stand in Bog

Walk on her way from school

awaiting Transportation to go

home, when she was instructed to

by the Respondent to remove,

when she asked him where she

should move to, he used a cane-

like object and struck her across

the back causing injuries

7.11.2011 Awaiting DE and

one more

response.

101 569/11 Assault Kingston

W D alleged that she was at her

gate quarreling with her son when

a police pick up drove up. A

policeman came out pepper

sprayed her and pushed her to the

ground. He then took her to the

Central Police Station and after she

told the Inspector what happened,

he ordered the policeman to take

her right back to her gate.

4.11.2011 Contact with

Complainant


102 640/11 Assault St. Catherine A G and his wife were downtown.

His wife was in possession of 2

Garbage bags which contained

Bras and other under clothing. A

policeman came and told the

complainant to take up the bag and

he refused telling the police the

bags belonged to his wife and not

him. The wife then came and

reiterated what her husband had

said. The police then draped the

complainant and pepper sprayed

him. The Police along with other

Police saw him again and

proceeded to beat him

6.12.2011 DE to be copied

Court record to

be requested

Witness to give

statement

103 B/35/12 Assault/Abuse of

Power

St. Catherine It is alleged that the men have

domestic disputes with their uncle

and brother respectively and as a

result he uses his post as a district

constable to have them arrested for

offences they are not guilty of

21.06.2012 Awaiting

responses

104 300/11 Assault St. Catherine Complainant is reporting that

during an altercation with the

respondent on a bus, the

respondent hit her in her back and

she retaliated by hitting back the

respondent, who turned out to be a

Woman Constable dressed in plain

clothes.

7/19/2011 Awaiting

Medical

Certificate,


105 37/10

Assault and

Destruction of

property

St. Catherine Complainant alleges that since her

separation with Cpl. M she has had

to make numerous complaints of

assault by her husband. On

16/12/09 it is alleged Cpl. M broke

into the complainant‟s house and

destroyed a door with a sledge

hammer. The assault case is

separate from the malicious

destruction of property.

16/12/2009 Notice to be

reserved after

Officer failed to

respond to

Notice.

106 272/10 Threat St. Andrew Complainant alleged that she was

threatened by the respondent after

she broke off their relationship and

asked for her house keys and

speaker boxes

15/9/2010 FIR submitted

107 312/10 Assault Kingston Complainant alleges he was at

home when the police entered his

house and beat him all over his

body. He believes the harassment

is a result of a matter he has before

the Court involving police

shooting. His neighbour witnessed

the assault.

28/10/2010 To collect further

statement.

Advise being

sought to go

further with

matter

Awaiting expert

report


108 325/10 Threat St. Catherine Complainant alleges that on

6/11/10 he was told to either leave

the house or accompany the police

to the station after he admitted to

hitting his girlfriend to the officers

when the police visited his home.


109 175/10

Assault Manchester Complainant alleges that he was

hit with a pair of handcuffs in his

head by the police while being

searched.

15/6/2010 FIR submitted Medical

certificate

incomplete

110 209/10 Assault Clarendon Complainant alleges that she was

pepper sprayed by unidentified

police officer in the district she

lives in Clarendon.

5/7/2010 To identify

officers

111 196/10 Conduct

Unbecoming

St. Elizabeth Complainant alleges that he was

signaled to stop by the police. He

failed to stop until about 4 yards

from the policeman who held onto

his gun.

6/7/2010


112 173/10 Assault Manchester Complainant alleges that he was

driving his motor car when he

came upon a spot check. The

complainant was asked where he

lived and when he responded he

was hit a number of times by Spl.

Cpl. O. S

3/6/2010

Awaiting expert

report

113 322/10 Death in Custody St. Andrew Complainant alleges that her son

who was of unsound mind died in

the custody of the Red Hills Police.

The complainant suspects foul play

is involved.

15/11/2010

114 152/10 Unprofessional

Conduct and

Assault

St. Catherine Complainant alleges that she went

to Guys Hill Police Station to bail

her daughter who was held for

disorderly conduct and was told

that she could not bail her. An

argument developed and she was

pulled into the station onto a wall

hitting her hand. She was

subsequently arrested and taken to

the Central Village Police Station.

10/3/10


115 66/10 Assault St. Catherine Complainant alleges that her son

was taken into custody at the


where he was allegedly beaten. He

received multiple injuries and

succumbed to those injuries.

19/1/10

116 37/10 Assault and

Destruction of

property

St. Catherine Complainant alleges that since her

separation with Cpl. M she has had

to make numerous complaints of

assault by her husband. On

16/12/09 it is alleged Cpl. M broke

into the complainant‟s house and

destroyed a door with a sledge

hammer. The assault case is

separate from the malicious

destruction of property.

16/12/2009 Notice to be

reserved after

Officer failed to

respond to

Notice.

117 205/10

Destruction of

Property

St. Andrew N W alleges that soldiers and

police visited the complainant‟s

home in Smokey Vale and broke

down a glass door and destroyed

other items.

1/7/2010 Letter to JDF to

be done


118 165/10 Conduct

Unbecoming

Clarendon Complainant alleges that she

visited the house of her son‟s

father who subsequently went to

her house with the police. An

argument developed and the

complainant went to the police

station to report the policeman‟s

conduct when she and her son were

arrested and charged for a number

of offences.

21/5/2010

119 241/10 Assault St. Ann Complainant alleges that she was

at a party when Constable L started

an argument with her and

subsequently used a plastic chair to

hit her on her shoulder.

15/8/2010


Conduct

Complainant alleges that his house

was searched with a warrant and

documents seized at the premises

were not returned.

31/12/2009


121 65/10 Harassment Kingston Complainant alleges that her son is

being harassed by police attached

to St. Andrew South Division. The

virtual complainant was picked up

and placed in custody without

being charged.

1/10/09

122 143/10 Assault

The complainant alleges that on

April 22, 2010 at about 3:30 p.m.

she was at home with other family

members when police officers

carried out a search of the house.

On leaving the house one of the

officers told the complainant to get

out of the way in a very aggressive

manner. She responded by saying

that it was her house so where else

must she go. She was grabbed by

the throat and squeezed then

beaten with a baton.

File with Legal

Officer for notice

to be reserved or

action taken

123 215/10 Assault St. Mary Complainant alleges that about

2:00 a.m. he was at a party in

Annatto Bay when he got into an

altercation with a man. Another

man intervened and used a gun to

hit him twice in his head causing a

wound.

11/7/2010


124 369/10

Assault Kingston Complainant alleges that that on

December 16, 2010 the virtual

complainant C A was taken into

custody at the Half Way Tree

Police Station. While there he was

beaten by the police and needed

medical attention.

16/12/2010 FIR prepared.

Virtual

complainant

deceased

allegations

cannot be

verified or

substantiated.

125 373/10

Assault Kingston The complainant alleged that in

December he was told by a

policeman to “suck his mother”.

Two week after he told the officer

the same words. The policeman

responded by using his firearm to

beat him in the face.

25/12/2010 File with Legal

Officer re

medical

certificate.

Awaiting

statements

Awaiting medical

certificate,

complainant‟s

name incorrectly

spelt on med cert

126 14/11

Destruction of

Property

Complainant alleges that on Friday

7/1/2011 police officers shot and

killed H R. A D lives in the same

tenement yard and his house was

ransacked and the flooring dug up

and the furniture thrown outside.

7/1/2011 FIR completed

Legal opinion to

determine

whether the

complaint has the

Authority to file

this complaint on

behalf of the

virtual

complainant


127 16/11

Assault St. Mary L A alleges that her son who is in

the custody of the police was

assaulted by the police who is now

offering him compensation for the

injuries he sustained.

11/1/2011 Notice served on

Sgt. T who was

Sub Officer at the

time of the

incident. FIR

drafted. Awaiting

above response.

128 25/11

Assault St. Thomas The complainant alleges that on

14/1/11 he was completing a

painting job in Seaforth when

police came to the premises,

kicked open the gate and kicked

him in his chest and stepped on his

toe causing severe pain.

14/1/2011 DSP B was

served a Notice,

no response.

Diary entry taken

but does not

Identity of the

police still

unknown, effort

still futile.

129 27/11 Threat and

Unlawful

Detention

St. Thomas Complainant was taken from a

barber shop on 24/12/2010 by the

police. He was taken to The Bath

Police Station where he was

detained for five (5) days. While

on their way to the police station

the complainant was threatened.

He was released without being

charged.

24/12/2010


130 41/11 Abuse of Power

etc.

St. Catherine the complainant has brought to

INDECOM‟s attention a number of

outstanding matters which he

suspects has not gotten proper

attention, and their investigations

are incomplete after a number of

years.

131 66/11 Assault St. Andrew Complainant alleges that on

February 17, 2011 the complainant

was in her office on UWI campus

when a police team lead by

Commander C. M visited and

assaulted her

22/2/11 Awaiting police

and eyewitness

statements

132 81/11

Non-Action St. Catherine Complainant alleges that on

9/9/2011 the complainant got in a

fight with members of her

community. The Police arrested

and charged her but did not charge

the other party.


133 100/11

Shooting injury Kingston Complainant alleges that virtual

complainant was shot and injured

when he went into a yard to urinate

while at a dance in Jones Town

25/3/2011 Firearm register Awaiting FLA

response, no

docket found at

KPH


134 117/11 Harassment St. Andrew Complainant alleges that he was

arrested on October 12, 2010. On

December 15, 2010 his business

place was visited by the police. He

was accused of having unlawful

property and the property was

seized by Supt. Ford et al

7/4/2011

135 164/11 Shooting injury

D C was shot and injured when he

allegedly pointed a gun in the

direction of the police who fired

injuring him.

7.6.2011 Awaiting firearm

register and

witness statement

Awaiting ballistic

certificate and

medical

certificate

136 332/11 Harassment St. Andrew N A alleges that he was taken into

custody at Hunts Bay and

transferred to Spanish Town, then

to Constant Spring this for several

days without being charged

4/8/2011

137 367/11 Shooting injury St. Andrew Complainant was shot and injured

by an off duty police when he

allegedly pointed a gun at him

while the officer and his baby

mother were in a car.

8.8.2011 Awaiting medical

certificate, FLA

response, ballistic

and forensic

reports

138 408/11

Assault Kingston Complainant, a 15 year old was

boxed and kicked by Cons. W

when he attended a club function

in Fletchers Land. It is alleged that

Cons. W used expletives which

were returned and he resorted to

violence

25/8/2011

No medical

certificate,

mother not

cooperating, no

contact via

telephone


139 414/11 Harassment and

Threat

St. Catherine Complainant alleges that her son J

S has been locked up and released.

He was repeatedly threatened by

officer known as “Gieco”.

27/8/2011

140 476/11

Shooting Injury St. Catherine Complainant R was allegedly shot

and injured after he held up a lady

and tried to escape in a waiting

motor car, the police intercepted

the car and men exited firing at the

police who returned the fire when

R was shot.

26/9/2011 Response and

firearm register.

Awaiting medical

certificate and

ballistic report


Conduct

St. Catherine Complainant alleges that District

Constable B use his office to cause

R‟s common law wife to leave him

and is now living with the District

Constable

12/1/2012 Awaiting witness

statement.

142 59/12 Illegal Seizure of

Property

St. Andrew Complainant alleges that she was

charged for fraud on an old

passport; the police seized her new

passport and are adamant that she

will not be returning the passport.

8/2/2012

143 131/12 Assault St. Catherine Complainant alleges that she was

in her shop when the police visited

with intention to search when she

told the officer that he was not

doing his job by allowing men

smoking marijuana to leave the

shop. The officer became angry

and hit her all over her body.

9/3/2012 Response from

Sgt. Statements

to be collected,

station diary to

be collected


144 275/12 Shooting Injury St. Catherine O W was shot and injured by the

police when the police went to

Pigeon Shoot and were engaged by

a group of men in an alleged shoot

out.

17/04/2012

145 255/12 Assault St. Catherine Complainant was beaten with a

baton by a policeman who they

share the same premises.

16/5/2012 Awaiting

response and

statements from

witness

146 314/12 Assault St. Catherine Complainant is reporting that he

was taken into custody at the


where he was assaulted by about

five police officers

2/7/2012 Awaiting medical

certificate and

witness

statements.

147 30/12 Assault St. Catherine Complainant, a student of

Jonathan Grant was allegedly

assaulted by the school resource

officers

24/1/2012

148 608/11 Assault, Illegal

Search Warrant

St. Thomas Complainant was at a family house

when the police visited in large

numbers entered the premises and

beat the occupants

17.11.2011 Notice to be

reserved on

officer who was

on leave.

Awaiting medical

certificate

149 628/11 Unlawful

Detention

St. Andrew Complainant was taken to Central

Police Station where he spent five

days after the police entered and

searched his house without a

warrant.

15.12.2011


150 647/11 Shooting Injury St. Andrew Complainant was shot and injured

when he attempted to rob an off

duty policeman

1.12.2011 Ballistic and

forensic reports

outstanding.


Conduct

St. Catherine Complainant alleges that police use

indecent language to her also he

told her he collected two hundred

thousand ($200,000) to release a

suspect

9.12.2011 Awaiting

response.

152 274/12 Shooting Injury St. Catherine C C was shot and injured in an

alleged shoot out with the police in

Westmeade after they went to the

site demanding work.

2/5/2012 Awaiting medical

certificate

153 275/12 Shooting Injury St. Catherine Complainant was allegedly shot

and injured by the police when he

was among a group of men who

opened gun fire at the police.

17/04/2012 . 1. Awaiting

statements from

concerned

officers


154 314/12 Assault St. Catherine Complainant was allegedly

assaulted by the police at the

Spanish Town Police station Lock

Ups.

22/06/2012 1. Unable to

identified police

officers.


assaulted by the police at the Bus

Park in Spanish Town.

21/07/2012 1. Awaiting

statements from

concerned

officers and

witnesses.


assaulted by the common law

husband of a woman constable.

16/08/2012 1. Received

statements from

concerned

officers (not

certified)

1. Awaiting

endorsed

statements from

concerned

officers and

witness.


157 418/12 Shooting injury St. Catherine Complainant was allegedly shot

and injured by the police when he

removed a black object from his

pocket and pointed it in the general

direction of the arresting officer.

16/08/2012 1. Awaiting

complainant

Statement and

further statement

from concerned

officer.

158 457/12 Malicious

Destruction of

Property

St. Catherine Complainant alleges that his stall

was destroyed on instructions of

the police.

18/06/2012 1. Awaiting

response from

concerned

officers

159 472/11 Non-Action St. Catherine Complainant alleging that her

shooting injury case is not being

investigated by the police

9/10/2011 FIR DONE AND

SUBMITTED

160 536/11 Assault Kingston Complainant is alleging that during

a dispute with neighbor, the

boyfriend of the woman who is a

police intervened and punched her

several times in the head.

10/18/2011 FIR DONE AND

SUBMITTED


161 419/11 Death in Custody St. Catherine Complainant Allegedly hung

himself in his cell at the institution.

9/6/2011 Q & A of

correctional

officers

Await

Toxicology

report

162 462/11 Death in Custody St. Catherine Complainant Allegedly hung

himself in his cell at the institution.

9/20/2011 Q & A of

correctional

officers

Await

Toxicology

report

163 B100/12 Assault St. Catherine Complainant alleges that he was

beaten by police personnel at his

home on 23/11/2012

3/12/2012 request copy of

recording of

transcript and

radio message

from police

control

awaiting

response on Sgt.

Duncan

164 B101/12 Assault St. Catherine Ward of the state was allegedly

assaulted by a correctional officer.

9/11/2012

165 B103/12 Assault St. Catherine G S was allegedly assaulted by

police personnel after his shop was

searched.

8/12/2012 1. awaiting

response from

concerned

officers

166 B106/12 Wrongful Arrest St. Catherine L C was wrongfully arrested by

police personnel from the Spanish

Town Police station.

6/5/2012


167 B109/12 Shooting Injury St. Catherine J G was allegedly shot and injured

by the police after they received

information that armed men were

seen in a particular area, they tried

to accost the men and they opened

gun fire and the fire was returned

the men ran into

16/12/2012

168 B72/12 Shooting Injury St. Catherine Two Police officers were on duty

in the Old Harbour Bay Area in a

private motor car with a civilian on

board when other undercover

police men in another motor car

opened fire on them.

10/2/2012 1. Q&As to be

conducted 2.

Ballistic cert

outstanding.

3. Med Certs

Outstanding 4.

Still awaiting

Doctor to remove

other bullet from

Victim.

TEAM – CHARLIE

CATEGORY

A

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM CHARLIE CATEGORY A INVESTIGATIONS



Allegations Date



Internal External 1 3/10/2010 Clarendon On March 10, 2010, VB was shot

and fatally wounded by the police in

an alleged open lot in the Kennedy

Road area on his way back from a

shop where he had gone to purchase

snack items.

To Q and A concerned

policemen

(i) Awaiting Forensic

Report

ii) Inability to collect

statement from

witness who allegedly

has photos of incident

on cell phone

expressed fear of the

police

2

9/27/2010 Manchester

On September 27, 2010 at about 3:15

a.m. DH was shot and fatally

wounded by police personnel at the

Rock and Roll Night Club, 22b Ward

Avenue, Mandeville, and Manchester

after he was allegedly observed

having two guns in his possession.

When he was accosted by the

policemen he allegedly pulled a

firearm from his waist and pointed it

in their direction. He was then shot

by Cons. N. M.

i) Forensic and

Ballistic Report

outstanding

3

5/5/2011 Clarendon

Fatal Shooting of SG on May 5,

2011.Officers involved are: Cpl. K.

Adams, Cons. W. H and Cons. P. S.

(I) Awaiting

determination as to

whereabouts of Cons.

H.

i) Awaiting report

from Forensic lab

(Ballistic).

(ii)Awaiting

Results of cell phone

analysis.


4 2/17/2012 Clarendon

Three men caught breaking into

school they were accosted by police.

Men opened fire and police returned

fire and DS was fatally wounded.

(i)Awaiting post

mortem report.

(ii)Forensic and

ballistic outstanding.

(Remarks) No eye-

witness


Police allegedly went to a premises

in Jacob's Hut where they were fired

upon by men. The fire was returned

and three men CN, AM and OH

were fatally wounded

i) Additional diary


ii) Additional

witnesses to located.

iii) Request Post

mortem report.

vi) Seize firearms

from Cons. B and Det.

Cpl. Afor testing.

i) Await response from

officers

ii) Await Post Mortem

report.

iii) Await ballistic and

forensic reports.


Police were allegedly on a cordon

and search operation, they went to

premises at 6 1/2 Nelson Street,

Clarendon. Officer went to rear of

house and knocked. Reports are that

OT ran through front door pointing a

gun in the direction of Cons. J who

immediately fired two rounds in

direction on OT. He was pronounced

dead at the May Pen Hospital.

The security log book

at the hospital is to be

examined for the entry

regarding the arrival

time of the police

Notice to be served on

the driver of the police

service unit

ID parades to be

requested


7 2/13/2010 Windsor Avenue,

May Pen, Clarendon

Police accosted four men on foot,

they opened fire at the Police; the

Police returned fire, PD was fatally

shot, one injured and two escaped FIR being done

Awaiting PM and

Forensic Reports

Q and A conducted,

officers answered no

questions

8 11/17/2011 Broadleaf,

Manchester

Police were on patrol when they

encountered men stealing gas oil

from equipment, the men were

confronted and they opened fire at

police, fire was returned and hours

later body of LE man was found.


Forensic Certificate,

ID Parade to be done

Witnesses agree to ID

parade

9 6/8/2011 Mt. Oliphant,

Manchester

Police were on foot patrol when they

encountered group of seven men who

opened fire, fire was returned and

OG shot and killed.

Preparing FIR

10 9/5/2011 Corn Piece,

Clarendon

Police were on operation searching

for wanted men, they approached a

house, men opened fire, fire was

returned and one man shot

Preparing FIR

Awaiting Ballistic and

Forensic Certificates,

making further efforts

to secure additional

Station.


11 12/21/2012 DeCarteret Rd.

Mandeville

LL was shot and killed while WC

was injured by the police while

attending a house party that the

officers went to shutdown.

OW to prepare

affidavit regarding

disobedience of

Notice(s).

Request copies of

statements of

witnesses from the

Police

Notices to be served

on all officers present

on the scene.

Cespedes/Wallace etc.,

TSD to be Noticed

Eye witness statement

collected

12 12/29/2012 Top Hill St. Elizabeth

Police were in the Top Hill area of

St. Elizabeth when they came upon

two men fighting in the middle of the

road. Police intervened when one of

the men pulled something from his

waist and stabbed at the police twice.

The man was called to by the police

but continued his attack and was

shot.

ID parade


13 09.03.11

Rock and Roll

Nightclub,

Manchester

RR was at the Rock N Roll night

club when he was fatally shot by a

policeman under questionable

circumstances.

(Remarks) Spent shell

and hand swab

outstanding (notify

CFO)

Ballistic and Hand

Swab Certificate

I.D. Parade

(Remarks) Sound

system owner cannot

be found so as to

ascertain whether or

not the officer is a

member of Chrome’s

entourage

14 22.5.11 Blackwoods District,

Clarendon

B.Y. was fatally shot by Cons. B in

Blackwoods District, Clarendon

under questionable circumstances.

Efforts made by the

investigator to meet

and collect further

statement from

witness via his relative

have been unfruitful.

Ballistic and Hand

Swab Certificate

(Remarks) Formulate

questions for the

pathologists as to

whether injuries A and

B are related; whether

B could be a re-entry;

whether the deceased

would have been

incapacitated after any

shot etc. Difficulty

getting this statement

15 7.7.11

8 Oliver Street,

Sevens Road, May

Pen, Clarendon

AC was fatally shot by the police at 8

Oliver Street, Sevens Road, May

Pen.

(1) Ballistic and Hand

Swab Certificate

(Remarks) Allegation

of mask wearing


16 23.8.11 Free Town,

Clarendon

EM and KT were fatally shot by the

police in bushes at Free Town,

Clarendon.

(Remarks) Senior

investigator Williams

plans to take over the

investigation of this

file


Swab Certificate

(2) Medical File for E

M.

17 13.2.12 First Street, Race

Track, Clarendon

AT was fatally shot by the police on

First Street, Race Track, Clarendon.

Q&A with Det/Cpl. K.

Adams rescheduled

for 19.6.12


and Post Mortem

Report outstanding.

18 5/31/2011

Newton Housing

Scheme, Hayes,

Clarendon

AD was fatally shot by the police at

Newton Housing Scheme, Hayes,

Clarendon on May 30, 2011.

Allegations are that on May 30, 2011

about 5:30 pm AD was fatally shot

by the police at Newtown Housing

Scheme, Clarendon.

Ballistics certificate to

be collected.

TEAM – CHARLIE

CATEGORY

B

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM CHARLIE CATEGORY B INVESTIGATIONS



Allegations Date



Internal External 1 12/14/2011 St. Elizabeth On Wednesday December 14, 2011 at

about 5:15 a.m. a party of police

acting on information went to Mount

Semple District in search of KT who

was wanted for murder. He was

accosted by the police on the

verandah of a house when he

allegedly pointed a gun in their

direction. The police fired in his

direction and he was later found

suffering from gunshot wounds. He

was pronounced dead at the Black

River Hospital.

i) Forensic and Ballistic

Reports outstanding

2 2/29/2012 St. Elizabeth

On Wednesday February 29, 2012 at

about 3:00 p.m. the police acting on

information went to Baptist District in

search of wanted men. Upon

approaching a house men opened

gunfire at them and they returned the

fire. KS was found suffering from

gunshot wounds and was pronounced

dead at the Black River Hospital.

i)Awaiting statements

from TSD personnel

ii)Forensic/

ballistic report

outstanding


3 3/23/2012 Manchester

On Friday March 23, at about 10:30

p.m. CO was fatally shot in Heartease

District, Manchester. Allegations are

that Cpl D C was in the vicinity of a

wake waiting on someone. He was

pounced upon by two masked men

who proceeded to search him taking

his car keys and cellular phone. On

the approach of a motor car the men

walked away but one opened fire at

Cpl. C. He returned the fire and one

man fell to the ground with a firearm.

The other man escaped in nearby

bushes.

To copy firearm issue

and receipt register at

TCND Spanish Town

Road

i) Post mortem report

outstanding

4 12/20/2012 Ginger Hill, St.

Elizabeth

Officers were on operation and were

acting on information received of a

man in the area with a firearm. On

arrival they saw who opened fire on

the police and two of them returned

the fire. The injured man LC was

taken to the hospital where he was

pronounced dead.

Awaiting Post Mortem

Report


Allegations are that KL was shot and

killed by police officers who were

carrying out an operation in

Raymond's District , Hayes,

Clarendon.

i) Awaiting Post Mortem

Report.

ii)Awaiting Forensic

Report.


6

4/11/2012 St. Elizabeth

It alleged by the police that AG who

was armed with a firearm fired shots

at members of a police party and

citizens. The police responded and he

was shot.

(i)To compile interim

FIR

(i) Awaiting Forensic and

Ballistic reports.


Police officers responding to an

alleged threat went in search of EC

who reportedly attacked the police

with a machete and was subsequently

shot.

(i)Record statement

from relative

regarding state of

mind.

ii)Attended post

mortem.

i) Await response from

officers

ii) Await ballistic and

forensic reports


8 12/18/2012 Gutters/Montpellier

St. Elizabeth

A party of 15 led by DSP M. Kerr of

the Manchester Division acting on

information about men seen

frequenting a house in the Montpellier

area of St. Elizabeth. They went to

the house which is occupied by one

GS a 48 year old. taxi operator. They

saw a Silver Nissan Tiida motor

vehicle registered FP7120 in the yard.

On the approach of the police it is

alleged that 1 man alighted from the

car and opened fire at the police he

was joined by 1 man in the yard.

Both men ran in different directions.

After some time lapsed they received

information of 2 men seen in the

Gutters area. A party of police went

to that area and again came under gun

fire. Fire was returned and WAB was

shot and injured he was taken to

Mandeville Hospital and pronounced

dead, the other man made good his

escape.

Statements

outstanding

K.G to do statement

re- non-

responsiveness of

officers.

Notices to be served

on DSP K and Cons.

C who were at the

Montpellier scene.

(Four Stations of

officers received)

9 6/4/2011 York Town,

Clarendon

Police was on cordon and search

operation when they were about to

enter a house. A man was seen exiting

the front of the house with gun in

hand; he opened fire at Police who

returned fire killing him.

No eye witness account,

main concerned officer

said to be abroad on sick

leave, no P.M. or Bal.

rep.


10 4/23/2011 Four Path,

Clarendon

Police signaled car to stop, car

stopped and occupants opened fire at

Police. Fire was returned, two

occupants fatally shot, two escaped

and two guns recovered.

Awaiting PM, Forensic

and Ballistic reports.

Still no PM Report

11 4/12/2011 Bucknor, Clarendon

Police acting on information

approached house and was fired upon,

fire was returned and men ran from

house. Police left, returned following

morning and found man dead

clutching AK47 Rifle.

FIR being done

Awaiting PM Report,

Forensic and Ballistic

reports and copy file

from BSI

BSI File rec. preparing

FIR

12 5/2/2012 Rectory Road,

Clarendon

Police were acting on information that

men were seen with guns. Two men

fitting description were seen walking

together along road, they were

accosted; both men pulled guns and

opened fire at police. Police returned

fire, one man escaped and one fell.

(i) Some officers not yet

responded to notice

(ii) Awaiting PM,


reports and statements

from remaining officers.

(Remarks) No eye-

witnesses

13 6/16/2011 Alley Downer,

Clarendon

Police received information went to

premises and saw four men viewing

guns which they had in their hands,

they called out to the men who

opened fire at them, police took

cover, returned fire, three fatally shot,

one escaped and two firearms

recovered.


14 9/5/2011 Corn Piece,

Clarendon


men were seen in area with guns,

there men were seen, challenged and

they opened fire at police, fire was

returned and one hit.

FIR being done

awaiting Ballistic and

forensic certificate

(Remarks) No eye-

witnesses

15 10/26/2011 Ritches, St. Ann

Police were responding to reports of

gun murders in the area when they

were fired on, fire was returned and

one man was hit.

FIR being done


forensic reports

PM Report received

(Remarks) No useful eye-

witnesses


Police were on V.C.P duties when

they received information about men

travelling with firearms in two

vehicles. A spot check was set up and

two vehicles fitting the description

was seen, they were signaled to stop

which they did and men alighted and

opened fire at the police, fire was

returned and four men fatally shot

17 2/12/2012 Ellen Street,

Manchester

Deceased who was an eyewitness in

the fatal shooting of OG was shot and

killed by police who claimed he

pointed gun at them at his home.

Preparing FIR

All relevant statements

in, no eyewitness

statement.


18 11/23/2012 Black River, St.

Elizabeth

Police went in the Newtown Housing

Scheme and carried out a Covert

Operation where firearm were said to

be sold by RW. Whilst police were

talking to RW, TW, CW and KB

came to premises, pulled handguns

and started to fire at police who

immediately returned the fire and the

men ran in different directions. All

four men were later fou8nd suffering

from gunshot wounds and later

pronounced dead.

Post Mortem report

received from Dr. L

for RW, TW & CW

Awaiting PMR from

Dr. P for KB

Need to pursue other eye

witnesses

19 12/7/2012 Bucks Common,

Clarendon

Police party acting on information

went to Bucks Common where now

deceased was seen sitting in a yard on

a bench. The officers drove the

service vehicle to the gate and

stopped, the police alighted leaving

Cons. G who was the driver in the

unit and entered the yard. As they

approached, OB pulled a firearm and

opened fire at them. Robinson who

was at the front of the party

discharged four (4) rounds from his

service Glock Pistol who ran off and

collapsed in the yard. He was taken to

the May Pen Hospital where he was

pronounced dead.

Post mortem report to be

collected

TSD statement and

sketch to be collected


20 17.05.11

Woodside Main

Road, Havannah

Heights, Clarendon

DJ was fatally shot by Cpl. K. A

along the Woodside main road,

Havannah Heights, Clarendon under

questionable circumstances.

(1) Eyewitness

Statements

outstanding.

Investigations

revealed that several

persons witnessed the

shooting; however,

they are reluctant to

talk.

FIR to be done


is not ready. P.M. was

done by Dr. M. She was

told by Dr. B to furnish

same.


Swab Certificate

(3) F/arm and Ammo Reg

to be located at May Pen

police station

(Remarks) Ballistics

outstanding

No witnesses

21 8.7.11 York Town,

Clarendon

WW was fatally shot by the police in

Farm Pen, York Town.


22 29.9.11 New Bowens,

Clarendon

CJ was fatally shot by the police in

New Bowens, Clarendon near to the

Jamalco Sports Club along the train

line.

(1)No witnesses

available to record a

statement.

FIR to be done

Hand Swab and Ballistic

Certificate

(Remarks ) No

eyewitnesses

23 12.7.12 Salt River Road ,

Clarendon

FBl and CT were fatally shot after

they allegedly robbed a taxi operator

of his motorcar in the Old Harbor area

then drove onto the salt River Road

where they engaged a police party in a

shootout.


(2) Statements from

concerned officers.

24 12/13/2012 Swansea, Clarendon

Officers Corporal G S and Constable

R H of Patrol in May Pen were

conducting a stop and search along

the Osbourne Store Main Road. A

vehicle was signaled to stop the

vehicle stopped and started to reverse.

Constable C B armed with Browning

Pistol and Constable R D armed with

Glock pistol EUE591 advanced on the

vehicle when three (3) men alighted

from the vehicle and opened fire on

them. They returned the fire and two

(2) men DD & AF had been hit. One

(1) man escaped.

Awaiting FE report

Awaiting Post Mortem

Report


25 5/26/2011

19 Miles,

Bustamante

Highway,

Clarendon

MW is alleged to have been

unlawfully shot and killed by Cons.

Collis Brown at a shop at 19 Miles,

Bustamante Highway, Clarendon.

1. Ballistic Report

26 9/11/2011 Burnt Ground, St.

Elizabeth

On Sunday, September 11, 2011

about 8:30am two men, OF and EW

were fatally shot by the police at

Burnt Ground District, Santa Cruz, St.

Elizabeth. A police team led by Sgt.

Wilson went to a wooded area in

Burnt Ground in search of wanted

men. On reaching a section of the

woods the officers came upon a hut

and went into this hut and were

greeted by gunfire. When the shooting

subsided two men were found

suffering from gunshot wounds. They

were taken to the Black River

Hospital where they were pronounced

dead.

1. Ballistic Report

27 2/15/2012

Friendship District,

Chapleton,

Clarendon.

LF was shot and killed by police

personnel on Wednesday February 15,

2012 at approximately 1pm in

Friendship District, Chapleton,

Clarendon.

1. Ballistic Report

2. Post Mortem Report



On July 14, 2012 about 4pm Cpl.

Nicholson shot and killed DF after he

disarmed W/Dist/Cons N M of her

service revolver and shot her in the

chest and thigh.

1. Statement from TSD

personnel

2. Ballistic Report

3. Post Mortem report



gunmen were seen in the Balbeck area

of Nain in St. Elizabeth, three officers

went in the area. The officers are -

Det. Cons. C W of Junction Police

Station; Det. Cons. K I of Junction

Police Station; and Cons. S B

assigned to OST of South St.

Elizabeth. The officers report seeing

a man fitting the description given

and they accosted him. He allegedly

pulled a firearm and opened fire on

them they returned fire and he was

hit. He was taken to the Black River

Hospital where he was pronounced

dead


30 6/15/2011 Manchester

BP was fatally shot by the police at

Knockpatrick Gardens, Manchester,

on June 15, 2011.

Allegations are that on June 15, 2011,

BP an escapee from the Manchester

Lock Up was shot and injured in

Knock Patrick Gardens, Manchester

by the police.

In Process of

completing FIR as

instructed by S.I.

31 4/15/2012

Darbie Terrace,

Sandy Bay,

Clarendon

NL was fatally shot by the police at

Darbie Terrace, Sandy Bay,

Clarendon on April 15, 2012.

Allegations are that on April 15,

2012, NL was shot when the men

opened fire at them.

Outstanding Forensic,

Ballistic. Outstanding

Post Mortem Report.

32 12/23/2010 Palmers Cross ,

Clarendon

LB and GP were fatally shot on

23/10/10 about 10:15am at Palmers

Cross , Clarendon


outstanding

(Remarks) No witnesses

33 9/30/2011 Bushy Park,

Clarendon

LT and JE were fatally shot on

30/9/11 at Bushy Park, Clarendon


outstanding

(Remarks) No witnesses

34 5/25/2012 Crooks Gate

District, Clarendon

JH was fatally shot by the police at

Crooks Gate District, Clarendon.

Reports are that at the approach of the

police the deceased ran in a house and

opened fire at the police.

Post Mortem Report,

Ballistic and Forensic

TEAM – CHARLIE

OTHER

INVESTIGATIONS

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM CHARLIE OTHER INVESTIGATIONS

No. Incident Location of

Incident Allegations Reason for Incompletion

Internal External

1 Assault St. Elizabeth On December 6, 2009 EB was

allegedly assaulted (ordered to lie

face down on the road, was kicked

at his left side) by one of the

officers. He is unable to identify

who kicked him. Police Officers are

from the Black River Police Station.

Occurred on 6/12/09.

i) Awaiting statement

from one Cons E. Donaldson

ii) No contact information

available for R who was held in

custody in St. Ann

2 Assault Clarendon

On April 23, 2011, PB made a

report to the police about missing

money and a statement was

recorded. Accused then taken into

custody and an agreement reached

for the complainant to be repaid.

When the complainant returned to

collect the money he was arrested

and bailed four days later with

visible injuries to his face.

i) Awaiting outcome of

discussion with ACP and SIO

ii) Awaiting duty forecast roster

from May Pen Police Station


3 Assault Manchester

On July 22, 2011, sometime after

7:00 p.m. JR was at a shop in his

community (New Hall Road,

Williamsfield) when an argument

between a young man and himself

developed. The young man left and

shortly afterwards two policemen

allegedly related to the young man

came and kicked him in his belly,

punched him in his chest and on his

arm.

i) Awaiting court file

ii) Awaiting Complainant‟s

availability to record further

statement re identity of police

4 Harassment Manchester

JM alleged that on August 12, 2011

at about 11:30 a.m. he was standing

in front of the market when

Inspector D C told him that if he

came back and saw him anywhere

in the town he would be locked up.

On July 14, 2011 he was arrested

for Resisting Arrest, Indecent

Language and Assaulting a Police

Officer in Uniform – charges that he

disputed.

i) Awaiting Court record


5 Assault/ Unlawful Arrest Manchester

On August 27, 2011 at about 3:30

p.m. BN while driving his motorcar

in the town of Christiana, he was

signaled to stop by S/Cpl D. E. His

car documents were requested and

he refused to obey the request on

the basis that he had given the

documents to the same policeman

earlier that day. Upon his refusal he

was hit on his hand with a handcuff

and kicked on his feet resulting in a

wound to his left hand and bruises

and swelling to his feet.

6 Assault Clarendon

On October 28, 2011 at about 4:00

a.m. SM was on his way to Mica‟s

Shop in Lionel Town, Clarendon to

purchase something to eat before he

went to sea. While walking along

the beach he saw a man with whom

he had previous personal issues in

the company of another man. That

other man who he later discovered

was a policeman approached him

and used a gun to hit him all over

his head which caused a wound that

bled. He was also gun butted in his

ribs and in his face. An explosion

sounding like gunshot was also

heard in the area. His brother and

another citizen tried to assist but

were afraid.

i) To meet with Inspector

re another attempt to

obtain statement from

concerned officer and a

statement from the

Inspector at Lionel Town

Police Station


7 Harassment Clarendon

On three occasions the first being on

August 1, 2011, SH was placed in

custody and kept there for no less

than a week for suspicion of various

crimes. He was eventually released

without any charges.

i)Awaiting availability of

complainant to provide further

statement re identity of

concerned officers

8 Threat Manchester

OW alleges that between November

10, and November 14, 2012

Constable S B threatened to lock

him up on several occasions and he

is unaware of what he has done.

9 Unprofessional Conduct Manchester

TS alleges that on 16/1/2012

sometime between 10 a.m. and

11:00 a.m. Special Inspector D C

who was leading a team of blue

seam police and municipal police

behaved unprofessionally while

carrying out his duties in the

Mandeville Plaza in an area that is

private property.

i)Awaiting statements from

concerned personnel


10 Harassment/Unprofessional

Conduct Manchester

DS alleges that he is being stopped

and ticketed unnecessarily by Cons

C R when he operates his taxi in

Mandeville. The most recent being

January 24, 2012 between the hours

of 8:00-8:45 a.m.

i) Awaiting statement of Cons.

K. B

11

Assault / Unprofessional

Conduct Manchester

On 30/1/2012 at about 3:30 p.m. K

L who is reportedly pregnant was in

an argument with another female in

the town of Mandeville when she

was grabbed in her throat and then

by her collar by Cons. C C who

dragged her with her stomach

exposed to the Mandeville Police

Station where she was charged. She

suffered bruises to her neck, hand

and chest.

i) Awaiting information from

complainant to request

additional medical certificate

ii) Awaiting witness contact

information from complainant


CH alleges that on 22/1/2012, he

attended a Nine Night celebration in

Banana Ground when sometime

between 3:00 a.m. and 4:00 a.m.

Mr. C Y a policeman who was off

duty used his hand to hit him in the

face four times

i) Awaiting contact information

for witnesses

ii) Awaiting statement from

concerned officer

Info received that Cpl W W has

resigned from the JCF

iii)Awaiting medical certificate


13 Assault St. Elizabeth

JC alleges that on 24/2/12 at about

3:30 p.m. while at the Santa Cruz

Taxi stand she intervened in an

altercation between a team of police

and a taxi man when one of the

policemen used a long gun to hit her

twice in her chest.

14 Threat Manchester

On Friday April 20, 2012 at about

7:00 p.m. TB stopped his truck on

the Asia main road in the vicinity of

the Asia Police Station when he saw

a police vehicle with flashing lights

behind his vehicle. Corporal L G

had a brief discourse with the

complainant during which he

threatened to shoot him if he did not

stop when he is signaled to do so.

i)Awaiting another witness

statement

15 Shooting Injury B Manchester

On Saturday April 5, 2012 at about

1:20 a.m. CG was at a shop in her

home community of Silent Hill

where a party was being held.

While standing across the road from

the shop, she was shot in her right

shoulder. Information was obtained

that the shots were fired by

Constable S. P who is stationed at

the Mandeville Police Station.

i)Awaiting one concerned

official‟s statement

ii) Awaiting one Medical

Certificate

ii) Awaiting availability of 2

witnesses. Iii)One to visit office

on 10/9/12 for statement to be

recorded


16 Threat Clarendon

AW alleges that on or about May 5,

2012 sometime after 9:00 p.m. he

was at his gate and while talking on

his cell phone his neighbour Special

Corporal S E threatened to chop off

his head and walk with it to the

Police Station.

ii)Prepared and deliver

notices to concerned

personnel

iii) To record witness

statement

i)Concerned Commanders

statements outstanding

17 C/U, Unlawful Search,

Assault and Threat Clarendon

It is alleged that on, May 22, 2012,

at about 1:30 p.m. and May 29,

2012, at about 5:00 p.m. persons

purporting to be members of the

JCF and JDF unlawfully entered

premises at 52 Pacific Avenue,

Toby Heights and pointed firearms

at TW, told him to lie on the floor,

searched the premises, threatened

him and asked for one R.

Awaiting availability of TW for

statement to be recorded.

18 Assault Clarendon

OS alleges that on Sunday July 8,

2012 at about 2:30 a.m. he was a

selector at a dance being held at

Audrey‟s Pub one Woodside Road

in Clarendon when two policemen

came to the scene and made

enquiries regarding the person

keeping the dance and a permit.

After a short discourse he was told

to go into the police vehicle and

upon his refusal one of the

policemen held him in his collar.

He wrestled with the policeman and

fell backwards in a nearby gully.

Complainant had to seek medical

attention for back pains.

i) Awaiting statements from

concerned officers



NA alleges that on May 26, 2012 at

about 3:00 p.m. while sitting in a

bus in the Black River bus park in

Santa Cruz when he saw a police

team and he remarked „Remember

when you grandmother use to go to

market.” He was pulled from the

bus by Special Corporal K B who

draped him in his collar and began

to choke him. He grabbed back the

policeman in his collar following

which four charges were leveled

against him.

i) Awaiting Spl./Cpl M. M‟s

return from Vacation Leave

abroad. Will resume on 10/9/12

ii) Awaiting contact information

for witnesses from complainant


On July 17, 2012 at about 2:00 a.m.

NE and TE were allegedly asleep at

home in Rice Piece District,

Lacovia in St. Elizabeth when they

were awakened by police who

ordered them to open the door.

They complied and a policeman

known to them as “not nice” used a

gun and baton to hit N (alias) in his

face and on his chest. The other

officers who accompanied „Not

Nice” also hit them. They were

taken into custody at the Black

River Police Station on Reasonable

Suspicion of Rape.

Awaiting medical certificate


21 Unprofessional Conduct Clarendon

CA alleges that on July 30, 2012 at

about 1:32 p.m. he was walking

along Bryants Crescent in May Pen

when a Transport authority vehicle

drove past him at a fast speed. He

spoke to the occupant about the

speed and one person responded

using indecent language to him. He

replied using indecent language and

was taken into custody at eh May

Pen Police Station where he was

charged.

i) Awaiting statement from

concerned officer


On April 6, 2011 MW was at her

home at Sevens Road, May Pen,

Clarendon, when police officers

from the May Pen Police Station

came there in search of her brother.

While inside her mother‟s room

officer G P ordered her to sit after

which he placed a pillow over her

face and a gun at her head

threatening to kill her.

To revisit

complainant/mother‟s

home for meeting


JS alleges that her son AC was

Assaulted (grabbed in the front of

his shirt and boxed in the face)

before he was arrested.

(i)Awaiting response from JCF

regarding ID parade.



MM alleges that he was kicked and

hit with a gun by police officers

after being arrested. His personal

belongings have not been returned.

In the process of

compiling FIR.

Awaiting response from officer

(Remarks) Unable to locate

diary entry for this particular

incident

25 Shooting Injury A St. Elizabeth

AI alleges that he accompanied his

friend to Dry Habour to buy peanut

when they were fired upon by the

police; he received gunshot wounds

to his leg, left side and back.

26 Shooting Injury A St. Elizabeth


Allegations are that the officer

punched AB in the face and chest

causing swelling to face.

(I) to determine the

disposition of case in

court.

28 Unlawful Detention,

Conduct Unbecoming Manchester

Allegations are that RF visited the

Mandeville Police Station to make a

report regarding information he

received that a policeman, Mr. G,

wanted him dead or alive. He was

subsequently detained on a charge

of suspected Shooting with Intent.

(Remarks) Refer the file

to the Special Case Unit -

SCU - for them to add it

to their special

investigation on unduly

long detention. Add the

Asia files dealing with

Cpl. G



Cons. Martin behaved in an

unprofessional manner whilst

searching and arresting CC.

30 Assault Manchester (I)Received statement from

concerned officers

31 False Imprisonment &

Abuse of Power Manchester

JC alleges that after he complied

with an officer's direction to move

and keep moving, the said officer

took him to the police station and

charged him for the offence.

32 Conduct Unbecoming St. Elizabeth

MB alleges that after reporting a

case of rape against Insp. Ramsey

she began receiving numerous

threats.

(I) To record statement

from daughter of

complainant

(ii) to determine status of

Inspector Ramsey.

(i)Awaiting response from Mello

FM.

33 Unlawful Seizure of

Property Manchester

DM car was seized by Det. Sgt B

after the officer attempted to locate

him regarding an incident the

complainant had with his family.

(i)Revisit scene to take

pictures of recreation of

scene.


34

Assault Manchester

OT alleges that he was taken from

his house by officers taken to the

Christiana Bus Park where he was

assaulted by one of the police

officers. He was then taken to the

Mandeville Police Station where he

was later released without charge.

(i) To copy station diary

entry.

(ii) Identify all the

officers in the operation.

(iii) Request information

from control.

(i) awaiting response from

control

35

Threat Manchester

BS alleges that Det. Sgt. P W

threatened him by saying 'Ole

criminal a shot I going shot you; a

kill mi a go kill yuh'.

(i)Request information

from Supreme Court

regarding custody of

vehicle.

(ii)Record statement from

disputed owner.

36 Threat / Conduct

Unbecoming Manchester

PC alleges that Det. Sgt. Pat

Wallace threatened him by telling

him he should stop calling his name

to NCU students and he will

expletives hurt him.

To compile FIR

37 Unlawful Detention Clarendon PS alleges that her son KG was

taken into custody on February 19,

2012 by a Mr. N and up to February

24, 2012 was not charged.

(Remarks) Forward to

SCU when all outstanding

documents have been

received


On March 7, 2012 MP was in the

court house when Special District

Constable R M used his elbow to hit

her in her stomach.

(i)Awaiting disposition in court

matter.



KB was ambushed by Cons. C M

who beat him all over his body with

his hand and his gun.

Compiling FIR (i)Awaiting submission of

offficer's medical report.

40

Conduct unbecoming and

Illegal Search Manchester

On 26/4/2012 two officers went to

the house of JM and searched his

house and used expletives to him.

(i)Interview witness.

(ii) Identify officers in

matter.

41

Assault and Conduct

Unbecoming Manchester

RF was arrested after having a

quarrel with a lady he discovered

later to be Cons. Cr. When he was

taken to the police station he was

allegedly assaulted.

i) Copy duty roster

(ii) Notice Shift

commander to determine

officers on duty.

42 Threat St. Elizabeth

CD who is on a murder charge for

allegedly killing a policeman claims

he is being constantly harassed and

threatened by police at his home...

(I) Notice officers

mentioned in statement

43 Shooting Injury Clarendon

One police officer was in the

process of passing his firearm to a

second officer when a round was

discharged wounding three students.

(i)Record third statement.

(ii)Apply for medical

certificate.

(i)Awaiting ballistic certificate.

44

Assault Manchester

MH went to the police station to

lodge a complaint when during an

argument with a policeman he was

assaulted and chased out of the

police station.

ii) To notice officers.



Complainant PW was allegedly

beaten by Police while in custody


Complainant was allegedly evicted

by a Policeman from the adjoining

community

FIR Unable to make contact with

complainant since report

47 Illegal Entry St. Elizabeth

Complainant ASM was at home

when she was awakened by the

presence of men in her yard trying

to gain access to her house.

FIR


Complainant BB reported that her

son MF was assaulted by the Police

whilst they were arresting him at

home

No entry found in several

records inspected at police

station to verify identity of

concerned officers

49 Destruction of Property Manchester

Complainant DT claims that his

farm was sprayed with chemical by

a policeman, which resulted in

several crops being damaged

Investigation complete.

FIR Preparing FIR

50 Arson St. Elizabeth Complainant AB claims his home

was raided by Police who upon

leaving set his dwelling on fire

destroying it.

Investigation complete.

FIR

All relevant statements and

documents in. Preparing FIR


51 Shooting Injury St Ann

Complainant DR was on the run

after escaping Police custody. He

was confronted by a Policeman and

a license firearms holder both of

whom shot him claiming he threw

stones at them

Draft FIR

Awaiting one additional medical

certificate to complete FIR.

Preparing FIR

52 Threat Clarendon

Complainant CY and other friends

were at a Party having fun when

their drink accidentally spilled on a

couple of police officers. One of the

officers responding by pulling his

firearm, kicked complainant and

threaten to kill him

Statements from concerned

officers in. complainant not

cooperating

53

Neglect of Duty St. Elizabeth

Complainant CM alleges that he

was wounded and his property

damaged by a man, he made several

reports to the Santa Cruz Police

however the aggressor is still at

large

Two outstanding Statements for

FIR

54 Neglect of Duty Clarendon

Complainant EW claims that he is

targeted by thugs from his

community who break his home and

steal his belongings and despite

making reports to the police nothing

is done

FIR

Letter sent to complainant, no

response.

Preparing FIR



Complainant LD claims he was

assaulted by a policeman while at

the Mandeville Court House

Concerned officer served, no

response

56 Threat and Harassment Manchester

Complainant DY claimed he was

instructed to leave his home and

never return by a policeman living

in the area

FIR Preparing FIR


Complainant SB alleges that he was

arrested the Police for a road traffic

violation and after being taken to

the Mandeville Police Station he

was taken to a room to the rear

where he was slapped in the face by

a female officer.

Complainant to supply witnesses


Complainant KP alleges that he was

arrested by the Police for larceny

from the person, taken to

Mandeville Police Station and

beaten by the police

FIR


Complainant MP alleges that she

attended court on a charge and was

fined. She was escorted to the

Mandeville Police Station by a

female officer where she was

assaulted by the said officer

FIR



Complainant GM alleges that he

was arrested for possession of ganja

and was assaulted by a woman

police whilst in custody at the

Mandeville Police Station

Station Diary entry and date

given by complainant conflicts


Complainant RM alleges that he

broke into a car in Caledonia Mall

and stole items. He was accosted by

the police who assaulted him before

taking him into custody

Complaint withdrawn


Complainant KW alleges that she

had a dispute with a Policeman‟s

girlfriend who later intervened and

assaulted her, tearing off her clothes

in the process

Complainant to supply

additional witness.


Complainant GB was in custody at

the Black River Police Station when

he was reportedly beaten by other

inmates allegedly after a senior

officer made comments regarding

the reason he was in custody


Complainant JW was arrested and

placed in custody at the Junction

Police Station for indecent

language. Whilst in custody he was

reportedly behaving disorderly

when a Policeman opened the cell

and inflicts blows to his body

resulting in a broken leg.


65 Unprofessional Conduct St. Elizabeth

Complainant CM alleges that she

was visited at home by a female

Police Officer as a result of a

dispute and during the visit she was

verbally abused by the officer


DW was at his friend‟s home on

John Swaby's Plaza, Knockpatrick,

Manchester when the police

forcefully entered the building and

allegedly boxed him in the face,

pushed him to the ground and

stepped in his back causing pain.

FIR completed

The names of all the police

officers on the operation were

not listed in the station dairy

entry. A letter written to Supt.

Taylor requesting the names of

the officers was done. Supt.

Taylor was seen on 18.10.11 and

he informed that he asked but no

one willing to tell him and he

cannot force them to tell him.

Insp. Smith promised to assist

with gathering the information.

(Remarks) All concerned

officers not named in the station

diary. Inform Director of

Complaints (DOC) for the

Special Case Unit (SCU) to add

to his special investigation on

record keeping if not already

done.



RE was at his friend‟s home on

John Swaby's Plaza, Knockpatrick,

Manchester when the police

forcefully entered the building and

allegedly boxed him in the face and

slapped him in his chest.

FIR completed




entry. A letter written to Supt. T

requesting the names of the

officers was done. Supt. Taylor

was seen on 18.10.11 and he

informed that he asked but no



Insp. Spromised to assist with

gathering the information.



diary. Inform DOC for SCU to

add to his special investigation

on record keeping if not already

done.



AW was at his house in Hillside

district, Knockpatrick, Manchester

when the police kicked off his door.

The police entered his house and

allegedly beat him with a gun and

thumped him in his mouth breaking

off one of his lower tooth.

FIR

completed.















diary. Inform the DCO of SCU

to add to his special

investigation on record keeping

if not already done.

A,E

69 Assault, Misappropriation of

Property Manchester

Mr. NS was at his house when a

police party entered and searched

his house and found one 9mm

round. The police then kicked and

boxed him. He further alleges that

$180,000 in his jeans pocket went

missing.

FIR

completed.















PH reported that he was threatened

by Cpl. C while walking on Perth

Road. He was also taken into

custody and released after being

taken to the Alligator Pond Police

Station.

FIR

completed.


DD reported that he was threatened

by Cons. L. G who lives across

from his girlfriend‟s house in

Balvenie Heights, Mandeville.

FIR

completed.

72 Assault/ Unprofessional

Conduct Manchester

AS reported that he was assaulted

by Cpl. F o/c Stumpy.

FIR to be

completed.

73 Seizure of Property Manchester

CF alleged that during a police

operation, police officers seized two

digital cameras, mobile phones and

iPod and a watch. The items have

not been returned.

FIR to be

completed.

74 Assault and Larceny Clarendon

JW reported that two police officers

visited his house and kicked, boxed

and threatened him and took a sum

of $27,000 from his bill fold. FIR to be

completed.


75 Threat Clarendon

JW reported that while he was on a

construction site Cpl. F came there

and threatened to shoot him.

FIR to be

completed.

76 Unlawful Wounding

Manchester

ES reported on behalf of her son

KB that an unidentified police

officer from the Mandeville police

station went to his house Bethel

Street, in Greenvale, Manchester

and when the police took him out of

the house she saw him bleeding

from the shoulder.

FIR to be

completed.


AC (a minor) alleged that she was

punched in her belly and pushed in

a chair by Cpl. R.

Awaiting I.D. Parade Date from

VIU Mandeville


ES alleged that he was beaten by

Constables W and L at the Asia

Police Station.

Medical Certificate received and

returned for further clarification

on the injury observed by the

doctor.

Awaiting statement from Sgt. B


79 Neglect of Duty St. Elizabeth

SM reported that her son VM was

died on 27.12.09 from a traffic

accident on 25.12.09. The accused

did not attend court on 17.3.11, and

a bench was issued but nothing is

being done by the investigating

officer to locate the accused.

FIR to be completed.

80 Neglect of Duty Manchester

SM reported that he sold a motorcar

and was given a fraudulent cheque.

The car was recovered and he has a

difficulty getting it back from the

police or aired in court.

Arrest of suspects from

Portmore area is pending. SSP P

statement lacks information on

Initial Investigator.

81 Assault/ Wrongful Arrest Manchester

GM reported that he was pushed to

the ground by Cpl. L. G and then

arrested for a traffic offence.

FIR to be

Completed



AB reported that her son, IS was

injured after he was hit off his

bicycle by an ex-police officer and

since then she has not been able to

get the police accident report.



OS reported that while he was being

issued a ticket, the concerned officer

threw the ticket in his face after he

refused to sign or take the ticket.

FIR to be

Completed


WR reported that she reported a

case of Assault O.B. Harm to the

Porus Police and they took several

days to record her statement and no

action was taken against the person

who assaulted her.


DP reported on behalf of her son SP

that police personnel at the Porus

Police Station did not take him to

the hospital after he was injured in a

fight with by another prisoner while

in custody at the Porus Lock-up.

Statement from concerned

officers due 13.9.12



RS reported that on the 13.8.12 a

policeman in plainclothes pushed

his gun in his mouth and nose and

stuck it all over his body.

Statement form Concerned

Officer due 10.9.12.

87 Unprofessional Conduct St. Elizabeth

DR reported that Cons. Gthrew a

traffic ticket in his face after he

refused to sign and accept the ticket.

Statement form Concerned

Officer due 12.9.12.

88 Abuse of Office Manchester

MR alleges that W/Cons. T who is

in a common-law relation with her

C H assaulted family members and

damaged electronic items, furniture

and house.

Identity of all concerned

officers to be ascertained.

89 Abuse of Office Clarendon

PD Alleged that the police came to

his house and searched it. He was

then taken to the May Pen Police

Station where he was interviewed

for suspicion of shooting then

released the following morning after

he was photographed.

No Station Diary Entry

found on 13.9.12

All concerned officers not

identified except for a

Cpl. T who works at the

Hayes Police Station



The complainant, AG obo JB

alleges that on Wednesday July 1,

2009 her son, JB was beaten by the

police in Black River, St. Elizabeth.

When she went to the Black River

Police Station she alleges that while

her son was waiting in the

guardroom, still in handcuffs, an

officer got up from his desk and

boxed him causing him to fall off

the bench, after which he drew a

baton and threatened to hit her with

it.


Complainant, DC, is alleging that

after he was signaled to stop by the

police on the Greenvale Main Road

in Mandeville he was assaulted by

W/Cpl S W and his minibus was

subsequently towed.

1. Statement from security forces

witness.


92 Unlawful Seizure of

Property St. Elizabeth

The complainant, JG, of Lititz

District in St. Elizabeth alleges that

on Thursday, November 27, 2011 a

member of the Organized Crime

Investigation Division, Mrs. P W-C,

seized her motor vehicle (1997 Red

Honda CRV) at the Junction Police

Station after alleging that the

vehicle was stolen from one M M.


Complainant, KH is alleging that on

Tuesday the 20th of September

2011 about 8am he was assaulted by

a member of the Jamaica

Constabulary Force who was on

operational duties with the

Transport Authority on the morning

of Tuesday, September 20, 2011.


94 Unlawful seizure of

Property Manchester

The complainant, SM, is alleging

that police personnel visited his bar

on Perth Road on 4 occasions

between July and October, 2011. On

one occasion, they confiscated a

quantity of liquor amounting to a

value of $7,500. On another

occasion, they seized his spirit

license alleging that it is fraudulent.


DP alleges that he was grabbed and

„drawn up‟ by Spl/Cpl D E after he

refused to hand over his vehicle

documents, because the respondent

could not give a reason for

requesting same.

Awaiting copy of court

document.


DR, thirty one (31) year old

business man of Daffodil Drive,

Santa Cruz states that he was

kidnapped and robbed, however the

case was not handled properly by

the police.

97 Unlawful Arrest/Abuse of

Power Manchester

Complainant, CS, alleges that he

along with six (6) other persons

were taken into custody by Cpl. M

and held for two (2) days without

food and water and then released



98 Unlawful Arrest/Assault Manchester

Complainant, JE, is alleging that

while he was locked up without

charge at the Mandeville Police

Station he was assaulted by

prisoners and police officers.

1. Completion of Withdrawal

Form


The complainant, CS, alleges that

on January 8, 2012 about 10:30pm,

his car alarm malfunctioned and

while walking on the Walderston

Main Road in Manchester to seek

assistance, a police car stopped and

three (3) police men alighted and

kicked, thumped and a baton used to

hit him all over his body causing

swelling. Complainant further

alleges that his vehicle was seized

and he was arrested and charged for

storehouse breaking.

100 Shooting Injury „B‟ Manchester

Complainant, DW (also by name

DW), twenty five (25) year old

market vendor of Lovers Lane,

Santa Cruz St. Elizabeth alleges that

on February 25, 2012 between

9:30pm and 10pm, while standing in

front of the uptown KFC when a

man walked up to him, held him in

his face and shot him in his thigh.

The man was later identified as a

police man.

VIU Form to be

completed and submitted.


101 Conduct

Unbecoming/Unprofessional

Conduct

Manchester

Complainant, RB, alleges that he

and his in-law were approached by

the police. They were searched and

complainant accused of rape and

told by the police to run so that he

can be shot

1. FIR to be prepared.


The complainant, AF, is reporting

that on March 3, 2011 he was hit by

a truck which did not stop. Since

then, he has been trying to get a

copy of the report from the Sgt. N R

in order to proceed with the matter

in court; however it is not

forthcoming.


Complainant, BC, accompanied her

neighbour to the Christiana Police

Station when she was assaulted by

Cons. W.

1. FIR to be prepared.

104 Unlawful Wounding Manchester

The complainant, MG alleges that

on May 4, 2012 at about 3:15am

while being transported in a marked

police vehicle from Baileston to

Spalding Police Station he was

boxed in his ears and neck, slapped

on his neck and hit with a helmet

over his eye causing a wound which

bled.


105 i) Unlawful Detention

(ii) Conduct Unbecoming

St. Elizabeth

DF, alleges that on April 8, 2012 at

about 8am Sgt. G accompanied by

his ex-wife JC, came to his wedding

and halted the ceremony having

claimed that he is still married. He

was taken to the Nain Police Station

where he produced the divorce

documents, after which he was

released. The complainant believes

that Sgt. G‟s conduct in the matter

was with malice.

1. Statements from concerned

officer and security force

witnesses.

106 Shooting Injury‟B‟ Manchester

Complainant, FH, was allegedly

shot and injured by the police

during an operation in the

community of Bethel Town

Greenvale Manchester on Monday,

March 19, 2012 at about 6:50pm.

1. Statement from the Scenes of

Crime personnel.

107 Unlawful Wounding Manchester

The complainant, MP, alleges that

on Sunday May 20, 2012 between

the hours of 6:30pm and 7pm while

playing a football match at the

Kirkvine Sports Club, the

respondent tackled him for the ball

resulting in the referee stopping the

game and awarding a free kick to

him. Complainant further alleges

that just before he kicked off the

ball, the respondent hit him in his

face causing injuries to his left eye.


108 Sexual Assault Clarendon

The complainant JS a MINOR

alleges that on June 9, 2012 at about

8:27pm she met up with MM who is

known to her as a policeman of the

May Pen Police Station. She further

alleges that while they were in the

back of a taxi, they kissed and after

that MM proceeded to carnally

know her.

109 Shooting Injury „B‟ Clarendon

Allegations are that on Thursday

June 27, 2012 three men were

breaking into a grocery shack along

the Scotts Pass Main Road in

Clarendon when the owner, DW

alerted Det/Cpl M who lives in the

area. One of the men (JH) was shot

and injured in his thigh, knee,

shoulder and abdomen.

1. Statement from TSD

personnel

2. Ballistic report


110 Unprofessional

Conduct/Threat Manchester

The complainant, RC, alleges that

on August 21, 2012 between the

hours of 7:30am and 8am she was

being transported to the Mandeville

Hospital when the car she was

travelling in stopped at the

Willowgate Plaza. The car was

blocked in the Plaza by the

Transport Authority. The

complainant said due to her injuries

she refused to leave the vehicle and

she was threatened and dealt with in

an unprofessional manner by

members of the Island Special

Constabulary Force

1. Statements from concerned

officers.

111 Assault/

Unprofessional Conduct Manchester

On August 20, 2012 about 5:30pm

the complainant AW alleges that

after he was arrested by the police

he was hit in the face by Inspector E

of the Mandeville Police Station

whilst en route to the police station.

He is also alleging that he was told

„bad words‟ by the said Inspector E.


The complainant is alleging that on

June 27, 2012 between 5:30am and

6am a group of police men came to

his home to effect an arrest on him.

They did not have a warrant for his

arrest and they assaulted him, his

common law wife JB and their son

RD.


113 Unlawful Detention Manchester

Allegations are that WT's rights

were abused by Spl. Cons. G. W on

Ward Avenue, Mandeville,

Manchester on 2011.03.30

Allegations are that the respondent

arrested and charged the

complainant for Obstructing traffic

and threat. He was also bailed for

court and no documents were

presented to the court when he

appeared for his court date on

6.4.2011.


CR is claiming that he was

threatened by a police known as

“Judas” H of the May Pen Station.


115 Harassment, unlawful arrest Manchester

MP claims that she was harassed

and unlawfully arrested by Spl.

Insp. D C at the Area 3 headquarters

on August 30, 2011 about 3:30 pm.

Allegations are that on August 30,

2011, she went to the Area 3

Headquarters to speak to DSP C in

relation to an earlier incident that

day where as he harassed her at the

market by telling her to leave the

area and used his foot to kick the

container that had in her goods. (No

independent witness to the incident)


116 Non-action Manchester

NM claims that in 2008, police

officers visited his home and took

his motor car. He then went to the

Mandeville Police station and made

a report, but no action was taken to

date.

Allegations are that on February 16,

2008, the police attended his home

and had a wrecker to remove

complainant's private motor car.

The day after he submitted a letter

to the Supt I/c Mandeville (Supt B)

who made contact with him and an

investigation commenced by W/Sgt.

W, then Insp. R and Insp. D.

Made contact with

Commissioners office re

outcome of Court of

Enquiry Cons B

(Remarks) Possible case

of unlawful seizure of

property;

Complainant to attend

INDECOM office to

answer questions

regarding the

circumstances

surrounding the seizure of

his car.

117 Assault, unlawful detention Manchester

DP claims that he was assaulted and

falsely imprisoned from Oct 15,

2011 to Oct 19, 201 after he

advertised a motor car for sale.

Two vehicles with police officers

met with him and one assaulted

him.

Awaiting reply from

Commisioner's Office as to the

status of Det Cpl M.

118 Threat

Clarendon

KW claims that he was taken in

custody for six (6) weeks and during

that time he was threatened by the

police.

To visit home address of

complainant as instructed

by S.I.


119 Unlawful detention Manchester

WS claims that he was unlawfully

detained by Sgt H at the Mandeville

Police station for 3 days without

being charged.


TW alleges that he was arrested and

charged by Cpl E and while at the

police station he was beaten all over

the body. He was bailed.

121 Shooting Injury Manchester

RA claims that he was operating a

motor car without drivers license

when he was stopped by police and

when he refused to stop, the police

fired on the vehicle he was injured.

To obtain medical certificate

from Mandeville Regional

Hospital.


Complainant GT alleges that during

a police operation, he asked a

particular officer a question and

another officer used a baton to hit

him all over the body.


OP alleges that while the police was

arresting him, the officer used his

hand to hit him in the chest several

times.

In process of preparing

FIR


SP alleges that during a domestic

dispute with his wife the police was

summoned. On their arrival, the

police verbally and physically

abused him. He was hit on the

knees and lower region of foot and

taken to the Santa Cruz Police

Station and released.

Arrange Q &A and then

ID parade



CC alleges that her son PC (a

minor) made a report to officers at

the Cottage Police Station in

relation to an Unlawful Wounding

matter and no action was taken.

To prepare FIR


AP claims that he attended the

station to report a case of Assault at

Common law committed against

him but while in the process of

making the report he was arrested

then released 2 days later without

being charged.

Diary entry not found –

arrangements made for entry to

be located (Remarks) Lack of

pertinent information necessary

to prepare notices etc


DW claims that while at the Santa

Cruz Plaza, police was on operation

and after being issued with a traffic

ticket an officer hit his head on the

police car.

Awaiting court file

128 Assault Occasioning

Grievous Bodily harm Manchester

GS claims that while he was

peddling his goods, the Municipal

Police took custody of his hand cart.

He reports that he went to retrieve it

and was handcuffed by the police

and in the process his arm was

dislocated.

Awaiting copy of court file when

it is submitted by initial

investigator


DT alleges that he was in the

Mandeville Market when Spl.Insp.

C approached him and kicked away

his feet and he fell on his stomach

and chest.



The complainant KW alleges that

while he was attending the Black

River Court in a matter and standing

outside, an officer refused to allow

him to enter the court and he then

pushed him down the stairs causing

him to fall headway. He was rushed

to the Black River hospital where he

was treated and later charged by the

said police.


CW alleges that on March 23, 2012

the police visited her home re

enquiries of an allegation of

unlawful possession of property. In

the presence of the police she used

indecent language and the police

held on to her in a bid to effect an

arrest

132 Common assault St. Elizabeth

SB alleges that On March 26, 2012

she was working in the capacity of

an election day worker when she

had a disagreement with a

supervisor and she threw a portfolio

beside him. A male police officer

suddenly approached and grabbed

her in the front of her blouse

causing her breast and other parts of

her body to be exposed. He then

allowed her to leave the premises


No witness statement

2nd notice served. Spoke

with DDI D of non

compliance of officer.

Police statements outstanding.


133 Operational Irregularities Manchester

ND who was stabbed by her

common law partner ran to the

police station to seek assistance but

reports are that she collapsed 18 ft

to the entrance of the station door

and succumbed to her injuries

Response from officers

134 Negligence Manchester

LA alleges that he was charged by

the police for receiving stolen

property in 2009. The case was

finalized in the court in July 2012

and when he went to retrieve the

vehicle which was an exhibit it was

scrapped.

Entries from the Cottage Station.

135 Assault O.B. Harm Manchester

RD alleges that on 15/7/12 he had

an altercation with a police officer

and later that morning he was taken

from a vehicle and beaten by the

police officer and later charged for

offensive weapon.

Medical certificate, response

from concerned officer.


RW alleges that while he was in

custody he was assaulted by two

police officers at the CIB office.

To notice concerned

officers.

137 Unprofessional Conduct/

Threat St. Elizabeth

OP alleges that he was taken in

custody by police from the Anti

Corruption Branch and threatened

The police used words to him “Yuh

No Know She You Caan Go

Missing”, and that he was forced to

take the police to where their target

Cpl J J was and give him the

marked money.

To notice officer, to get

entry from PIC.


138 Assault/Unlawful Detention Clarendon

DC alleges that he had an

altercation with a police officer re a

motor car to be sold and the officer

hit him in the face with his hand.

He was locked up and released

without been charged.

To notice officers

139 Overly Long Detention Manchester

SA alleges that she was

Held in custody without been

charged and when taken to court

and the judge ordered her released,

she was held for an additional 4

days.

To notice officer

TEAM – DELTA

CASE

MANAGEMENT

REPORT (ALL)

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – TEAM DELTA INVESTIGATIONS

No. Incident Location

of

Incident

Allegations Date

Investigation

Commenced


1 Fatal Shooting Trelawny D.A. was fatally shot

and killed by the police

at his home in

Wakefield, Trelawny by

the police on September

26, 2012.

26/09/12 To prepare P.F.I.R Post Mortem Report

outstanding.

Ballistic Report

outstanding

2 Fatal Shooting St. James N.M., D.G. & O.C were

fatally shot and killed by

the police on February

8, 2013 in Gulf,

Norwood, St. James

8/2/13 To find a key witness

to record a statement

To copy Firearm

Register

Post Mortem Report

outstanding.

Ballistic Report

outstanding

3 Shooting Injury

now

Fatal Shooting

Trelawny M.R was shot and

injured by Spl/Cons. D

P on February 14, 2013.

M.R. later succumbed

to his injuries.

1/3/13 To find a key witness

to record a statement

To copy Firearm

Register

Post Mortem Report

outstanding

Ballistic Report

outstanding

Initial Investigator’s

Statement outstanding

4

Fatal Shooting St. James V. W alleges that her

son was killed in cold

blood by a police officer

15/12/08 Collect a further

statement form

witness Oneil Allen.


Arrange ID Parade

Serve notices on

potential witnesses

Copy Firearm

Movement Register

Serve notices

5 Shooting Hanover Allegations are that

police patrol was on

patrol duty in the

Smithfield area of area.

Upon reaching a certain

area upon they D.K and

when they tried to

approach him and he’s

alleged to have fired at

them. The police

returned fire but no one

was alleged to have

been hit.

1/10/12 To collect Firearm

Register

To prepare P.F.I.R

Ballistic Report

outstanding.

6 Shooting St. James Information received is

that police where on

mobile patrol when they

received information

that suspicious looking

men were travelling in a

car along the

intersection of Orange

and Union Street in Mo.

18/10/12 To collect radio

message

F.I.R to be prepared

Ballistic Report

outstanding


Bay. Allegations are

that when the car was

intercepted one of the

men fired at the police.

7 Assault at

Common Law &

Unprofessional

Conduct

St. James D.C states that he was

assaulted, threatened by

a police attached to the

O.S.T Unit of the

Montego Bay Police

Station

1/10/12 Firearm Register to

copied

F.I.R to be prepared

8 Assault &

Unprofessional

Conduct

St. James C. W. alleges that she

was assaulted by a

police officer attached to

the Coral Gardens

Police Station and

unlawfully arrested and

charged.

17/10/12 F.I.R to prepared


FILE # PARISH INCIDEN

T

ALLEGATION COMPLAINAN

T’S INITIAL

DATE OF

COMPLAINA

NT REPORT

UNIT/STATION

OF

RESPONDENT

REASON FOR

INCOMPLETION

W36/10 St. James Fatal

Shooting

of

K. R.

Reports are that on 5.5.10

K.R. and his cousin were

sitting on the verandah of

his cousin house when

policemen in masks came

to the house and shot him

dead in full view of

relatives and neighbours

for no reason.

K. R. 13. 5 2010. Mobile Reserve

and Joint Task

Force.

Ballistic & crime

scene reports

outstanding.

.

W15/11

Re-

Open

Case

Hanover

Shooting

Injury

C. W. reports that on the

26.1.2011 he was shot and

injured by A. H. and H.

McC. as they followed his

truck on the Kendal main

road, and later accused him

of failing to stop after

being signal to do so by

them.

C. W. 9. 2. 2011.

Lucea Police

Station

To get statement

from person who

issue/rec’d

firearm/ammunition

to respondents 2.

Identity verification

of H.M.



Shooting

of K. J.

On July 17, 2010 K. J. was

shot and killed, execution

style after being called

from his neighbour’s house

where he was effecting

repairs to a stereogram.

K. J. 19. 7. 2010 Montego Bay

Police Station.

Ballistic certificates

and I.D. Parade

outstanding. PFIR

being prepared.

W107/1

1

West-

moreland

Alleged

Suicide

K.B. Believes her husband

N.B. was shot and killed

by un-named party/s rather

than the reported case of

suicide at the Bluefields

Police Station.

N. B. 18. 3. 2011. Westmoreland

Division.

To record further

statement from

Keisha Buchanan.

2. Q&A Dr

Sarangi re: no

gun powder

consistent with

suicide. 3. Q&A

W/C Lee sole

eyewitness.


W38/10

& 50/10

Trelawny Fatal

Shooting

of P. C.,

G& G. G.

Allegations are that the

taxi complainants were

travelling in stopped to let

off a passenger. Before

they could drive off

respondents came and

blocked their path then

shot them dead.

P. C. G & G . G.

19. 5. 2010

Falmouth Police

Station

Awaiting Crime

Scene,

ballistic/Forensic

and I.D. Parade

Reports.

Head office

intervened in

hastily arranged

Corners court

hearing. For

mention 26/06/13.

W58/74/

10

Re-

Open

case.

Westmorelan

d

Fatal

Shooting

Allegations are that RS and

R W of Lauriston, St.

Catherine were shot and

killed in an apartment,

after a group (six of them)

attended a party in Negril

on the pretext that they

were responsible for the

Lauriston killings and was

cooling out in Negril..

RS and RW 16.8.2010 Negril Police

Station

Initial Invest.

Statement. (2) FLA

to see if fire arm

was previously

recovered. (3) NIB

re any info on

firearm. (4) GF Lab

to determine if

firearm was brought

in for testing

previously. (5)

Statement from


SOC personnel who

swab hands of

concerned officers

and took fire arms

in for testing. (6)

Chain of custody

for transmission of

exhibits to Lab.

W54/11

Re-

Open

Case.

St. James Fatal

Shooting

of RP of

Piece

view

Albion,

Montego

Bay.

Allegations are that

respondents forced opened

his house, entered then

shot and kill him.

RP 28.6.11. FIR

submitted RE

opened

Montego Bay

Police Station.

Re. Recovered

Firearm (1) FLA to

determine if firearm

was registered. (2)

Firearm recovery

Book to determine

if firearm was

previously

recovered. (3) NIB

re any info on

firearm. (4)

Forensic lab to see

if gun was

previously tested.



Shooting

of KE of

Camrose,

Hampton,

St. James

by MC-

AW-AF-

WG.


respondents surrounded

deceased house, (who was

on St. James most wanted

list) he open fire at them

and the fire was returned.

KE 30.6.12 Montego Bay

Police Station

PFIR being

prepared.

W63/11 Trelawny Assault Allegations are that

respondents were called to

the scene by M after she

made a big thing about P’s

children begging food from

a neighbour and they had a

fuss. Respondents instead

of investigating boxed

Patricia then arrest

complainant because he

said he saw and was

willing to give a statement.

KG 20.08.2012 Clarks Town

Station

PFIR being

prepared.


W53/12 St. James (i)

Unlawful

Arrest (ii)

Assault

OB alleges that he and his

girlfriend was walking

from the Pizza Hut when

he was accosted and

accused of swallowing

ganja, assaulted then

arrested on make- up

charges.

OB 119.06.12 Barnett Street

Police Station.

Medical Certificate

Outstanding.

FIR being

Prepared.

W38/11 St. Ann Discharge

of Firearm

resulting

in

Damage

to

property.

GF alleges that he was

sitting on his Jet Ski after

testing it and respondent

rode up on a Jet ski

afterwards and fired

several shots into the his

jet ski and Van tyres.

G F 02..3. 11 Ocho Rios Marine

Police

Ballistic certificate.

(2) Statement from

Crime scene

investigators.



Shooting


police knock on the front

door and got no response.

Two officers went to the

back suddenly shots rang

out through a back door

and three men exited firing

guns .Fire was return, one

man fell two escaped.

INDECOM abo

Jepheth

Wedderburn

21.08.12. Montego Bay

Police Station.

No witness to the

shooting.

PFIR being

prepared.

W52/11

Re-

Open

Case.

St. James Fatal

Shooting

of G R at

Somerton

SB alleges that her brother

was killed in cold blood

after he was ordered out of

his house and neighbours

heard him begging for his

life.

SB abo G R

21.06.11. Montego Bay

Police Station.

Q&A Sgt Bruce

Walker. (2) Sharon

Buchanan re PM

Examination. (3)

Statement from

Cons S Bind RE

issuing/return of

Firearm/Ammunitio

n (4) FLA, Firearm

recovery Book, NIB

info on recovered

firearm and Lad to

determine if firearm

was previously

tested.(5) Statement

re steps taken to

secure witness

statements.


W33/10

Re-

Open

Case

St. James Fatal

Shooting

of T W

T. W alleges that his son

was beaten without mercy

in a hotel room, then

thrown over a rail about

eighteen feet high on to a

concrete pavement then

dragged a distance of over

one hundred yards and shot

multi times.

D W abo T W 28.04.10 Mobile Reserve

and Transnational

Crime and

Narcotics

Photo of scene from

Cpl F. Radcliffe (2)

Statement from

mother re PM

Examination. (3)

Investigators re

steps taken to

secure witness

statements.

W30/12 Trelawny (i)

Discharge

of firearm

(ii)

Damage

to

Property

MG alleges that he came

upon obstacles in the road,

slowed down then heard

voices in the dark saying

police but who afterwards

open gun fire on the car.

He sped off but was later

intercepted, assaulted then

taken to the station on

reasonable suspicion of

illegal possession of

ammunition.

M G. 06.03.2012. Trelawny street

crime unit /

Falmouth Station

Copy of court file

outstanding

PFIR being

prepared.


W66/12 Westmorelan

d

Shooting

Injury

Complainant alleges that

he was sitting on his

motorcycle talking to his

tailor when respondents

came up behind him in a

unmarked car after which

he heard an explosion. He

rode off then realized he

was shot in the foot .

A C 25/08/12 Savanna- la mar

Police Station

Respondents Failed

to respond to

notices served.

Reported for action.

W69/12 Trelawny Assault Complainant alleges that

he was assaulted with a

baton while being

processed to be placed in a

cell and had to treated at

hospital

O W 16/08/2012 Clarks Town

Police Station

FIR being prepared


W57/12 St. James Shooting

Injury


complainant who was

wanted on a bench warrant

saw and accost D/C

Anderson with a knife

asking if he was looking

for him. During this attack

the D/C fell and was

obliged to fire his weapon

in complainant’s direction.

J A 15/07/12 Spring Mount

Police Station.

To record statement

from complainant

who is said to be of

an unsound mind.

(2) Initial

investigators

statement

outstanding

W82/12 St. James Double

Fatal

Shooting.


police got reports that men

were in Beirut, Rose-

Heights firing guns.

Respondents went in the

area saw a pickup with

three men aboard. They

blocked the path of the

pickup the three men

alighted and open fire at

the police. The police

return the fire and two of

the men were later found

wounded.

N G abo O K and

N A abo P H 22.09.12 Barnett Street

Police Station.

Awaiting reports

from (1) FLA, NIB,

Govt. Lab and fire

arm recover book in

respect of 9MM

Taurus revolver

allegedly recovered

(2) CSR

(INDECOM)



Shooting

Allegations are that two

Officers entered deceased

house saw him sitting on a

bed and he pointed a gun at

them. D. F fired four shots

from his M16 Rifle. A

Smith and Wesson 9 MM

pistol was allegedly

recovered.

INDECOM abo

R. H. 03.10. 2012. Mobile Reserve

and Flying Squad,

Kingston.

Initial Investigators

Statement,

Firearm/Ammunitio

n Register, FLA,

NIB, Govt. Lab,

Fire arm recovery

Book in respect of

the Smith and

Wesson pistol

allegedly recovered.

W104/1

2

St. James Fatal

Shooting

and

Shooting

Injury.


respondents followed the

car with flashing blue

lights after their reckless

driving aroused their

suspicion. They ran

through several stop lights

and signs so they

summoned Barrett Town

and Flankers O.S.T for

backup. On reaching the

Spot Valley/Rose-Hall

intersection the vehicle

suffered blown out tyres,

went across the road and

crashed. The men alighted

firing at the police while

running into bushes. Two

wounded men were later

INDECOM abo

P. H and S. B. 03. 11/ 12. Coral Gardens

Police Station

CSR INDECOM,

Medical Report ,

PMR, statement

from deceased

relatives and a

statement from the

accident victim are

outstanding.


found.

W107/1

2

St. James Fatal

Shooting


deceased was shot dead by

a team from Mobile

Reserve, Flying Squad

Kingston, OST and the

Military on the after he

allegedly fired at them

through a door of his

house. A .38 Smith and

Wesson revolver was

allegedly recovered.

Y. W abo H. R. 15.11. 12 Mobile Reserve

Kingston and OST

Montego Bay

Police Station

PMR,

Firearm/Ammunitio

n Registers, FLA,

NIB, Govt Lab, Fire

arm recovery book

in respect of the

firearm allegedly

recovered.


W119/1

2

St. James Fatal

Shooting


respondents approached

the premises and deceased

open fire at them. S.T

return the fire the gun

developed a jam D.G. went

to S. T. assistance

deceased held on to the

gun, during the struggle

several shots were fired

from D.G. M 16 Rifle

during which deceased was

hit. A home- made gun

was allegedly recovered.

L.W abo G. A. 21.12. 2012. Mobile Reserve PMR, Initial

Investigators

statement and

ballistic report in

respect of the

alleged home-made

gun recovered.


Shooting


deceased was shot and

killed after he fired on a

patrol that went to

investigate a report that a

man was seen with a gun

in the area. A gun with one

9mm cartridge in the

breach and no magazine

was allegedly recovered.

M.T. abo E.T 07.01. 2013. Granville and

Montego Bay

Police Stations.

P.M. Report, Initial

Investigators

Statement, Chain of

Custody of

recovered firearm

and Ballistic report

outstanding.


W117/1

2

St. James Discharge

d of fire

arm (2)

Assault


complainant was verbally

and physically assaulted

for no valid reason and

when residents protested

the police action a shot was

fired by another officer.

S.B 06.12.2012. Montego Bay

Police station.

Initial Investigators

Statement, Diary

Entry, Firearm

ammunition

registers and eye

witness statements

are outstanding.

W100/1

2

St. James Assault Allegations are that

complainant S.L sent K.C

to deliver guineps on

Gloucester Ave (a

restricted vending area)

where she was allegedly

assaulted by two Courtesy

Cops.

S.L abo K. C 04.10. 2012 Courtesy Cops,

Montego Bay

Statements from

concern officers and

Medical certificate

outstanding.

NB. No entry was

allegedly made in

the Courtesy Cops

Log Book in respect

of this incident.


W62/12 Westmorelan

d

Assault S.W. 25.07.2012 Savanna-la-mar

Police Station

Complainant was

sent to forensic

investigator re-

photo images of

injuries and exhibits

with the

understanding that

statements would be

recorded

afterwards.

Complainant left

before and the only

info available is that

which is on the

Referral Form.

Letter sent to Town

Head Dist. Town

Head P.A.

West/Land, hoping

to re-establish

contact with

complainant.


No File # Incident Location of

Incident

Allegations Date

Investigation

Commenced


1 W46/12 Fatal shooting St. James MW was

allegedly shot

in cold blood

in his bedroom

at Flankers by

Police Officers

on June 14,

2011.

14.6.11 Internal External

Ballistic

Certificate

2 W57/11 Fatal Shooting St. James M T reported

that her

paternal uncle,

L M was

unlawfully

shot and killed

in his

community;

Hopeton by

Police Officers

on July4,

2011.

5.7.11 Ballistic

Certificate

3 W9/11 Fatal Shooting Hanover C Ms on

Sunday,

23.01.2011

was shot and

killed by a

police officer

26.01.11 File sent to

Legal Unit


at his home in

Green Island.

4 W59/11 Fatal Shooting St. James S Palleged that

her brother, K

P was brutally

shot and killed

by Police

Officers in the

community of

Greenpond on

July9, 2011.

Likewise

Complainant

for D S is of

the same

opinion.

11.07.11 Ballistic

Certificate

5 W56/10 Fatal Shooting St. James D D on

20.07.2010

was shot and

killed by the

police after he

allegedly

pointed a

firearm at

them whilst at

the PC Bank in

Cambridge.

22.07.10 Ballistic

Certificate

6 W78/10 Fatal Shooting St. James L G on the

30.11.2010

was shot and

killed by the

30.11.10 Ballistic

Certificate


police after he

allegedly fired

at them.

7 W89/11 Fatal Shooting Westmoreland Complainants

(C G & A B-

M)

in the matter

alleged that

their brothers

who were in

the custody of

the police were

shot and killed

by the police

on Thursday,

Oct. 6, 2011 at

11:15pm.

8.10.11 Ballistic

Certificate

8 W46/12 Fatal Shooting Westmoreland Complainant D

C alleges that

his son was

shot and killed

in cold blood

at his home by

police officers.

16.05.12 Ballistic

Certificate

9 W108/12 Fatal Shooting St. James V M alleges

that his brother

was shot and

killed in cold

blood by the

police at his

19.11.12 Ballistic

Certificate

Statement

from

Complainant

and his wife


home.

10 W118/12 Fatal Shooting Westmoreland L alleges that

her brother

was shot and

killed by the

police in cold

blood along

135 Dalling

Street.

18.12.12 Statement

from ASP

Gayle

Eye-witness

son statement

Post Mortem

and Ballistic

Certificates

11 W01/13 Fatal Shooting St. James P.P. reported

that her son

was shot and

killed by

members of

the Security

Force at

Coffee Lane,

Mt. Salem.

4.01.13 Probe for

witness

statement

Post Mortem

Certificate

Statements

from soldiers

12 W83/11 Shooting

Injury

St. James I.G. alleges

that he was

shot

unnecessarily

by a police

officer in St.

James.

27.09.11 Awaiting

Court

Outcome

13 W1/12 Assault Westmoreland R.S. alleges

that he was

assaulted by a

police officer

in the White

Hall

21.12.11 Awaiting

Court

Outcome


community of

Negril.

14 W3/12 Assault St. James S. B. Alleges

that on Jan. 6,

12 she was

physically

assaulted by a

member of the

police force.

1.02.12 Awaiting

Court

Outcome

15 W5/12 Assault Westmoreland K.R. alleges

that whilst in

custody at the

Sav. PS he was

physically

assaulted by

members of

the Jamaica

Defence Force.

17.01.12 To transcribe

cds for

information

and do F.I.R.

16 W34/12 Conduct

Unbecoming

Westmoreland S.G. reported

that ON March

5, 2012 she

was unlawfully

arrested by

police officers

attached to the

Sav. P.S. She

further sted

that their

behaviour was

unprofessional.

12.04.12 Awaiting

Court

Outcome

17 W31/12 Assault St. Ann C.W. alleges 19.04.12 To do F.I.R.


that he was

physically

assaulted by a

police officer

at Discovery

Bay in St.

Ann.

18 W43/12 Assault Hanover D.D & P.C.

alleged that

they were

physically

assaulted by

police officers

attached to the

Sandy Bay

P.S.

10.05.12 Awaiting

Court

Outcome

19 W49/12 Assault St. James B.C. alleges

that he was

physically

assaulted by

police officers

in St. James

attached to the

Barnett Street

P.S.

05.06.12 Awaiting

Medical

Certificate and

Court

Outcome

20 W52/12 Mal.

Destruction of

Property

Hanover T.W. alleges

that she was

stopped by

police officers

in and address

in an

18.06.12 Awaiting

Court

Outcome


unprofessional

manner which

resulted in the

damage to her

property.

21 W102/12 Assault Westmoreland D.M. alleges

that her

nephew whilst

in custody at

the Bethel

Town P.S. was

physically

assaulted by

members of

the police

force.

13.11.12 Station Diary

Statements

from C.O. and

eyewitnesses

Medical

Certificates

22 W11/12 Assault Trelawny L.C. alleges

that he was

physically

assaulted by

police officers

attached to the

Falmouth

Police Traffic

Department

13.12.12

Matter settled

through

mediation

23 W02/13 Malicious

Destruction of

Property

St. James A. E. alleges

that members

of the police

force and the

JDF during a

search of his

8.1.13

Matter settled

through

mediation


premises

created

damage to

which he

wants to be

compensated.

24 W13/13 Assault Hanover S.M. alleges

that on

February 23,

2013 he was

physically

assaulted by

members of

the Green

Island Police

Station

8.03.13



Incident

Allegations Date

Investigation

Commenced


1 W12/11 Fatal Shooting Westmoreland Complainant, A. R. alleges that her son

O. B. was unlawfully killed by

members of the Jamaica Constabulary

Force on January 24, 2011

24/1/2011 P.F.I.R to be

prepared

Ballistic

Report

outstanding

2 W4/11 Fatal Shooting Hanover Complainant, A. W. alleges that her

bother L. H. was unlawfully killed by



10/01/2011 Ballistic

Report

outstanding

Statement

from Cons.

Lee

outstanding

3 W42/10 Fatal Shooting St. James Complainant – S. M. reported that her

son K. B. was unlawfully killed by


Force on June 11, 2010


Report

outstanding

Medical

Report

outstanding

4 W70/11 Fatal Shooting St. James Complainant – M.M reported that her

brother was unlawfully killed by


Force

07/08/2011 F.I.R to be

prepared

Post Mortem

Report

outstanding

5 W111/11 Fatal Shooting St. James B.G reported that her brother was

unlawfully shot and killed by police

officers on December 02, 2011

02/12/11 P.F.I.R to be

prepared

Ballistic

Report

outstanding

Statement


from

Investigating

Officer

6 W10/12 Fatal Shooting St. James J.B . reported that her son O. S. was

unlawfully shot and killed by a group

of police officers on February 2, 2012

02/02/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding

Statement

from

Investigating

Officer

outstanding

7 W7/12 Fatal Shooting St. James INDECOM is reporting the shooting of

C. C by Spl/Cons. D. R and Cons. A. R

on January 23, 2012

23/01/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding

Statement

from

Investigating

Officer

outstanding

8 W2/12 Fatal Shooting St. James D. A. reported that her boyfriend J.C

was shot and killed by police officers

on January 09, 2012.

09/01/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding

Statement

from DSP

Tabannah

9 W8/12 Fatal Shooting St. James N. L. reported that her nephew R. L.

was shot and killed by police officers

on January 31, 2012

31/01/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding


10 W33/11 Fatal Shooting Westmoreland T. Y. reported that D. K. was chased

by three police officers and shot and

killed.

24/05/2011 P.F.I.R being

drafted

Ballistic

Report

outstanding

11 W90/11 Fatal Shooting St. James J. P. reported that her son P. P. was

shot and killed by police officers

07/10/11 Post Mortem

Report

outstanding

Ballistic

Report

outstanding

Statement

from

Det/Sgt. S

outstanding

12 W20/12 Fatal Shooting St. James INDECOM is reporting the fatal

shooting of A.G., M. G., & G. C.

Ballistic

Report

outstanding

13 W74/12 Fatal Shooting St. James INDECOM is reporting the shooting

death of an unidentified man on

Barnett Street by Det. O. White

06/09/2012 Prepare

P.F.I.R

14 W80/12 Fatal Shooting St. James INDECOM is reporting the shooting

death of R.M. by members of the

police force on September 20, 2012.

20/09/2012 Notice of

disobedience

to be prepared

Statement

outstanding

from

Det/Sgt. K.

Barnett and

DSP Ranger

15 W07/13 Fatal Shooting St. James INDECOM is reporting the fatal

shooting of L. M. by members of the

Jamaica Constabulary Force on

January 13, 2013.


Report

outstanding


Ballistics

Report

outstanding


Incident

Allegations Date

Investigation

Commenced


1 W37/11 Fatal Shooting St. James It is alleged that on Thursday the

02/06/2011 the deceased was fatally

shot inside Brandon Hill pump house

by members of the Jamaica

Constabulary Force

03/06/11 To prepare

P.F.I.R

Post Mortem

Report

outstanding.

Ballistic

Report

outstanding

2 W44/11 Fatal Shooting St. James Allegations are that on Tuesday the

09/06/11 at about 8:45 a.m. the

deceased D.W. was among a group of

men in a yard who fired at the police

and the police returned the fire and

D.W. was hit

09/06/11 To find a key

witness to

record a

statement

To copy

Firearm

Register

Forensic

Report

outstanding.

Ballistic

Report

outstanding

3 W26/12 Fatal Shooting St. James Allegations are that on Thursday the

22/03/12 O.L. was fatally shot by


Force

22/03/12 Forensic

Report

outstanding.

Ballistic

Report

outstanding

4 W37/12 Fatal Shooting Trelawny Allegations are that on Tuesday the 17/04/12 P. F.I.R


17/04/12 P.W. was fatally shot and

killed by a member of the Jamaica

Constabulary Force after he was

allegedly to have attacked them.

completed

5 W38/12 Fatal Shooting St. James Allegations are that on Tuesday the

24/04/12 K. E. and A.A. were fatally

shot by a joint team of members of the

Jamaica Constabulary Force and

Jamaica Defence Force

24/04/12 Ballistic

Report

outstanding

6 W77/12 Fatal Shooting Westmoreland Allegations are that on Friday the

14/09/12 the deceased was fatally shot


Constabulary Force

14/09/12 Ballistic

Report

outstanding

Investigating

Officer is

outstanding

Copy of

Ammunition

& Firearm

Register to

be copied

7 W84/12 Fatal Shooting Westmoreland D.M is alleged to have been killed in a

shootout with members of the Jamaica

Constabulary Force

Ballistic

Report

outstanding

8 W106/12 Shooting Injury St. James T.B was accidentally shot by a member

of the Jamaica Constabulary Force on

11/11/2012

11/11/2012 Awaiting

medical

report

9 W10/13 Fatal Shooting Westmoreland J. W. alleges that her common law

husband was fatally shot by members

of the Jamaica Constabulary Force


Report

outstanding.


Ballistic

Report

outstanding


Incident

Allegations Date

Investigation

Commenced


1 W63/10 Fatal Shooting St. James Complainant C.R. alleges that her

brother was unlawfully shot and killed


Constabulary Force on August 30,

2010

16/09/2010 To prepare

P.F.I.R

Ballistic

Report

outstanding

Statement

from Initial

Investigator

outstanding

2 W76/10 Fatal Shooting St. James Complainant A.F. alleges that her son

S. M. was fatally shot and killed by


Force after an altercation at a gas

station on November 17, 2010

18/11/2011 Check force

policy on

firing in

public places

Ballistic

Report

outstanding

Medical

Certificates

from injured

persons

3 W50 a/11 Fatal Shooting St. James INDECOM is reporting on behalf of

A.M. was fatally shot and killed by

20/06/2011 P.F.I.R to be

prepared

Ballistic

Report



Force on June 17, 2011

outstanding

Get a report

from the first

doctor to

note what he

observed

Conduct ID

Parade

4 W48/12 Fatal Shooting Hanover C.D. was fatally shot on Tuesday,

June5, 2012 on a boa t in Salt Creek,


Constabulary Force

05/06/2012 P.F.I.R to be

prepared

Get

statement

from family

members as

whether

victim Is left

or right

handed

5 W65/12 Fatal Shooting St. James Deceased was fatally shot during an

alleged shootout.

22/08/2012 P.F.I.R to be

prepared

Post Mortem

Report

outstanding

Awaiting

statements

from

concerned

officers

6 W75/12 Fatal Shooting St. James Police acting upon information, went to

Home Hill where they saw two men

who opened fired at them.

13/09/2012 Do a IBIS

check on the

spent shells

Awaiting

statements

from

concerned


officers

Awaiting

Ballistic

Report

7 W110/12 Fatal Shooting Westmoreland O. G was fatally shot and killed by


Force after he was alleged to have fired

at them

22/11/2012 P.F.I.R to be

prepared

Awaiting

Ballistic

Report

Awaiting

Post Mortem

Report

8 W05/13 Fatal Shooting Westmoreland J. C. was fatally shot and killed by


force who alleged that he was acting in

a suspicious manner.

08/01/2013 P.F.I.R to be

prepared

Awaiting

Ballistic

Report

Awaiting

Post Mortem

Report

9 W12/13 Fatal Shooting Westmoreland J.G was fatally shot in an alleged

shootout in Brighton District .

08/02/2013 Probe for

additional

witness

Prepare

P.F.I.R

Awaiting

Ballistic

Report

Awaiting

Post Mortem

Report



Incident

Allegations Date

Investigation

Commenced


1 W112/11 Fatal Shooting St. James D.M. is alleged to have been killed in a

shootout with members of the Jamaica

Constabulary Force in Flankers, St.

James


Report

outstanding

2 W11/12 Fatal Shooting St. James Complainant S.T alleges that her

boyfriend O. W. was fatally shot and

killed by members of the Jamaica

Constabulary Force at their home

08/02/2012 Prepare a

summary of

the case for

DPP

Ballistic

Report

outstanding

Post Mortem

Report

outstanding

3 W22/12 Fatal Shooting St. James Information received is that police

went on operation in the Love Lane

area where a shootout ensued and S.C

was killed.

06/03/2012 Q & A

conducted

Ballistic

Report

outstanding

4 W47/12 Fatal Shooting St. James J.B was fatally shot and killed by


after acting upon information received

that an alleged gunman was at a

particular location.

21/05/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding

5 W45/12 Fatal Shooting Westmoreland O.M was fatally shot and killed by


Force

01/06/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding

6 W59/12 Fatal Shooting St. James P. W. is alleged to have been killed in

an operation carried out by members of

27/07/2013 P.F.I.R to be

prepared

Ballistic

Report


the Montego Hills Police Station on

July 27, 2012

outstanding

7 W91/12 Fatal Shooting St. James R. M. is alleged to have been

unlawfully shot and killed by members

of the Jamaica Constabulary Force

05/10/2012 Awaiting

Ballistics

Report

8 W101/12 Fatal Shooting St. James D.C. is alleged to have been shot and

killed in a shootout in an operation

with members of the Jamaica

Constabulary Force and the Jamaica

Defence Force

25/10/2012 P.F.I.R to be

prepared

Ballistic

Report

outstanding

Post Mortem

Report

outstanding

9 W08/13 Fatal Shooting Westmoreland R.R is alleged to have been shot and

killed in an operation conducted by



17/01/2013 Firearm &

Ammunition

Registers to

be copied

Ballistic

Report

outstanding

Post Mortem

Report

outstanding

10 W96/11 Shooting Injury St. James C.B. alleges that he was shot and

injured by police officers

20/10/11 ID Parade to e

conducted

Medical

Report

outstanding

11 W13/11 Shooting Injury St. James Complainant E. F. alleges C. F. that

her sick son was unlawfully shot by


Force

01/02/2011 Awaiting

Ballistics

Report



Incident

Allegations Date

Investigation

Commenced


1 W64/10 Fatal Shooting St. James J. G. is alleged to have been shot and


Constabulary Force while running

away from them

17/09/2010 P.F.I.R

completed

Ballistic

Report

outstanding

2 W51/11 Fatal Shooting St. James An unidentified man was shot and


Constabulary Force on the Howard

Cooke Boulevard.

20/06/2011 P.F.I.R

completed

Ballistic

Report

outstanding

3 W17/12 Fatal Shooting St. James T.C. is alleged to have been killed by


Force

17/02/2012 P.F.I.R

completed

Ballistic

Report

outstanding

4 W56/12 Fatal Shooting Hanover B.C is alleged to have been killed in a

shoot out with members of the Jamaica

Constabulary Force in Askenish,

Hanover on July 12, 2012


Report

outstanding

Ballistics

Report

outstanding

Police

Statements

outstanding

5 W92/12 Fatal Shooting Trelawny C.R. is alleged to have been killed in a

operation carried out by members of

12/10/2012 Firearm &

Ammunition

Post Mortem

Report


the Jamaica Constabulary Force and

the Jamaica Defence Force

Register to

copied

P.F.I.R to be

prepared

outstanding

Ballistics

Report

outstanding

6 W26/12 Fatal Shooting St. James O.L is alleged to have been shot and


Constabulary Force

22/03/2012 P.F.I.R Post Mortem

Report

outstanding

Ballistics

Report

outstanding

7 W111/12 Fatal Shooting St. James C. G. was fatally shot and killed by


Force


Report

outstanding

Ballistics

Report

outstanding

8 W06/13 Fatal Shooting St. James L.S alleges that her son was unlawfully

shot and killed by members of the

Jamaica Constabulary Force


Report

outstanding

Ballistics

Report

outstanding

9 W27/12 Shooting Injury Trelawny S.R is alleged to have been shot and

injured in a shootout in Race Course

Trelawny by members of the Jamaica

23/03/2012 P.F.I.R to be

prepared

Medical

Certificate

outstanding


Constabulary Force

Response

from FLA

outstanding

10 W36/12 Shooting Injury St. James J. W. is alleged to have been shot and

injured at Margaretville in Montego

Bay by a member of the Jamaica

Constabulary Force

13/04/2012 Copy of

footage to be

retrieved from

Coral Cliff

Prepare F.I.R

11 W76/12 Shooting Injury Hanover G.C is alleged to have been shot and

injured by members of the constabulary

Force during an operation in the March

Town area

11/09/2012 P.F.I.R to be

prepared

Awaiting

Medical

Report

SPECIAL CASE UNIT

(SCU)

CATEGORY

A

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – SPECIAL CASE UNIT (SCU) CATEGORY A FATALITY INVESTIGATIONS

No. Date of Incident Location of


Date

Investigation

Commenced Reason for Incompletion

Internal External

1 13/10/10 Roberts Close,

Kingston 10

It is alleged that both young men

were shot and killed at the home of

S. W. on October 13, 2010.

28/10/10 Awaiting Ballistics and

Biology outstanding.

2 18/01/11 2 Calladium

Crescent,

Olympic

Gardens,

Kingston 11.

Complainant, Mrs. C.-A. alleges that

her son, T. M. was shot and killed by

police from the Hunts Bay Police

Station; she also alleges that

Inspector K. prior to his death told

her to “get your son out of the area

or else we a come back come kill

him, because the people dem do

not want him here.”

20/1/11 No response received Area

Commander nor from the

other officers who were on

the operation.

3 10/3/11 13 Poncianna

Avenue, Olympic

Gardens,

Kingston 11.

The complainant, A. C. alleges that

her son D. C. was shot and killed by

the police while he was preparing

breakfast for his son in full view of

his family members.

10/3/2011 To make contact with

Dr. P requesting a

statement from him

regarding the

damaged copper

jacket taken from the

deceased body that

was given to the


To write to JCF

Personnel re the

employment status of


Biological and Chemistry

Reports outstanding.

Notices were prepared and

sent to other officers on the

operation, however no

response was received.

Issue with damaged

recovered copper jacket.


4 25/04/2000 Complainant alleges her daughter J.

A. was shot and killed by police

April 25, 2000 The Director of Public

Prosecution (DPP) ruled in

May 2001 that criminal

charges be made out

against Cons. R. A.;

however he was acquitted

4 years later in April 2004.

5 April 29, 2009 6 Drummond

Street, Kingston

CSO

Complainant alleges that A. B. was

shot and killed by police

May 6, 2009 The matter was referred to

the DPP for ruling since

September 9, 2009. No

further information has

been received since.

6 December 7,

2010

Lot 243 Kenny

Path Bay Farm

Villa, Kingston

11

Complainant alleges that R. P. was


14-Dec-10

1. Q n A to be

conducted with G B

and P.

2. Awaiting response

from pathologist

7 November 12,

2008

2B Paisley Road,

Kingston 5

S. S. alleges that her father M. S. was


November 12,

2008

DPP ruled that on April

11, 2011 that matter be

referred to Coroner for the

Corporate area. No further

information has been

received re a ruling.

8 May 18, 2009 35 Waltham Park

Road, Kingston

13

P. M. alleges that a family member,

O. S. was shot and killed by police

May 19, 2009 DPP ruled that on April

29, 2011 that matter be


Corporate area.


9 June 15, 2009 21 Payne

Avenue, Payne

Land, Kingston

11

Complainant alleges that H. T. was


June 22, 2009 2-1-2013

1. Investigator to

contact Initial

Investigator re further

information

pertaining to the

death of the eye-

witness.

2. Notice to be served

on Scene of Crime

personnel

DPP ruled on May 30,

2011 that matter be


Corporate area.

10 October 24,

2008

Collie Smith

Drive, Kingston

12

H. H. alleged that his nephew D. S.

o/c “M. M.” was shot and killed by

police after he reported to the

Denham Town P/S as a condition of

his bail

October 27, 2008

August 18, 2010 - DDP

did not make a ruling

owing to the absence of

ballistic certificate.

2-1-2013

1. Ballistic Cert.

Outstanding

11 28/12/2010 Redberry District,

Porus,

Manchester

Mr. G. P. o/c S. was allegedly fatally

shot by the police in December 28,

2010. Mr. P. reportedly was

travelling in a car which the police

signaled to stop, however the car

sped away and they got out ran into

bushes where gunshots were heard

and P. was found suffering from

gunshots wounds.

Tuesday,

December 28,

2010

FIR to be completed 1. Awaiting biology and

ballistic reports

2. Transcripts outstanding

(6)


12 24/03/2012 Stewart Town, St.

Mary

P. H. was fatally shot by a Constable

D. H., who is attached to the Port

Maria Police Station, who was off

duty, while at a party after he

allegedly attacked the police man

with a knife

Saturday, March

24, 2012

Q and A

13 17/02/2011 Up -Street ,

Belmount

District,

Westmoreland

N. was allegedly shot by members of

the JCF after he allegedly came out

of a house firing at them. the fire was

returned and he was shot. M. was

fatally shot in a house after he and

other challenged JCF members. It is

also alleged that the men robbed a

bar belonging to a DC some three

days earlier.

Thursday,

February 17,

2011

1. Some statements

still outstanding

2. Record statement

from bartenders (not

willing to give a

statement)

3. Follow up with A.

D. regarding young

men at Peter Tosh on

morning of incident

to secure statement

1. Forensic Certificates

(Chemistry/Biology)

2. Transcripts outstanding

14 04/10/2011 Southborough, St.

Catherine

Mr. W. was allegedly shot by police

from Bridgeport Police Station who

had been called by his wife N. W. to

assist in restraining him and taking

him to the hospital.

Tuesday,

October 04, 2011

Forensic Certificates


15 24/08/2012 Windsor Road,

St. Ann’s Bay

Mr. L. was allegedly behaving in a

boisterous manner and when

accosted by a Police Constable

pulled a knife. The police fired four

shots which resulted in the death of

Mr. L.

Friday, August

24, 2012

1. Internal Forensic

report to come

2. TSD to provide

report, CD and

receipts. To come

3. To serve notices on

other police

personnel identified

4. To revisit scene

with FE and photo

same

5.To return to area in

search of other

witnesses

6. To apply to Area II

Control for records of

incident

16 10/12/2009 St. Andrew R. H. was fatally shot by the police

who were going to his apartment

acting on information. Two

policemen discharged their weapons.

The police stated that they went to

Ivy Green Mews, St. Andrew where

a man was seen. When accosted he

pulled a firearm and shot at the

police. A firearm was recovered

10/12/2009 1. Investigator to

send notices to

Det/Ins. W Wand

Det./Cpl G. G

regarding chain of

custody of exhibits.


17 16/11/2010 St. Andrew A policewoman spotted her fiancee's

stolen motor car and requested

assistance from her colleagues who

came in an unmarked unit. The stolen

car was followed with the assistance

of a marked unit they try to stop the

driver who refused to stop. The car

was chased until it crashed along

Alexander Road Kingston 13. Two

gunmen ran from the driver and front

passenger seats of the car. They open

fire at the police who returned same

and made good their escape. T. E.

was found in the back seat of the car

suffering from a gunshot wound. He

was taken to the K.P.H. where he

was declared dead. Passengers in the

car contradicted the police version.

They said that the police open fire on

the car when the driver who was

unarmed refused to stop

18/11/2010 1. Following leads to

get driver of car and

to encourage other

witnesses to give

statements

2.To get diary entries

from both stations

Awaiting the Biology,

Chemistry and DNA

certificates

18 10/1/2011 St. Andrew The police acting on information

went to an apartment complex on

Brook Ave. In Duhaney Park and

accosted a group of gunmen who

open fire at the police who returned

same. E. was found suffering from

gunshot wounds and later declared

dead at K.P.H. A witness refuted the

police account saying that E. was

held and then taken to a section of

the compound where the police

murdered him. The police wore

mask. The police recovered a

firearm.

10/1/2011 1. To copy diary

entry from area 4

Headquarters.

1. Awaiting forensic

reports.


19 26/03/2011 St. Catherine The police stopped a motor car with

four men who alighted from same.

Two men pointed guns at the police

who fired at the group which resulted

in two being declared dead at the

Linstead Hosp. and two admitted.

Both injured men refuted the police

version and stated that there were

Five men in the car and the police

allowed one to leave. A firearm and

an imitation firearm along with ganja

were recovered

27/03/2011 1. Take a further

statement J. M. and

S. J.

2. Take a statement

from motor car

owner.

Forensic certificates

outstanding.

20 4/10/2010 Ocho Rios, St.

Ann

On Sunday, 2010 August 29

Constable S. W. was among a group

of persons on a boat when he

allegedly discharged his firearm. He

was taken into custody at the Ocho

Rios Police Station and relieved of

his firearm and ammunition. He then

picked up is firearm and ran from the

station with other policemen in

pursuit. He is alleged to have

received a magazine which was

thrown by his friend and colleague.

He fired his weapon at his colleagues

who returned the fire and fatally shot

him. Cons. R. E. was shot and

injured. He along with Constable D.

R. and Constable S. F. discharged

their weapons.

4/10/2010

1. Investigator to get

statements from

police to show chain

of custody of

exhibits.

2. To re-interview

children who were in

custody


21 27/5/10 Kirkland Height,

St. Andrew

Mr. KC was fatally shot at his home

in Kirkland Heights by members of

the Jamaica Defense Force

17/8/10 FIR to be completed

SPECIAL CASE UNIT

(SCU)

CATEGORY

B

No. File No. Location of Incident Allegations

Date Investigation Commenced


Internal External 1 367/10 Along Morgan Drive,

Content District, York

Town, Clarendon

Complainant, M. B. alleges that her 15

year old grandson, O. P. went to York

Town, Content to visit with school

friends on October 30, 2010 at about 11

p.m. she received information that he

was killed by the police.

20/12/10 To collect a

letter from the

Lionel Town

Hospital.

Awaiting

Forensic

Certificates.

2 229/10 Along Stock Farm

Road, in Golden

Spring, St. Andrew

Complainant, E. S. is reporting that on

Sunday, 2010 July 4 her brother, K. H.

was shot and killed in the Golden Spring

area by police under questionable

circumstances.

26/7/10 Final Report to

be drafted

Forensic

Certificates

outstanding.

3 78/11 Race Course Lane,

Rema

Four persons were shot and killed and

three were injured during a Joint Police

Military raid led by Sup. D. H.

Letter was

written to Col.

Cole

Awaiting

statements from

military

personnel

involved in the

incident

4 217/09 29 Varma Road,

Kingston 11

Complainant alleges that her husband E.

S. was killed under suspicious

circumstance

July 9, 2009

6 345/11 Bryce Hill Lane,

Kingston 7

The complainant alleged that her son C.

W. was shot and killed by police because

he is related to I. B. who is on the police

wanted list

May 27, 2012 FIR to be

drafted

Ballistic report

outstanding

7 SCU/61/12 Lincoln, Brown's

Town, St. Ann

IDECOM was informed by the police of

a fatal shooting in Brown's Town

August 9, 2012 Ballistic report

& one police

statements

outstanding

8 149/11 West Cumberland

Blvd. Portmore, St.

Catherine

It is alleged that on April 30, 2011 at

approximately 11:30 p.m. while on his

way home Cpl. O. J. was held up by two

gunmen along West Cumberland

Boulevard and they attempted to rob

him. Cpl. J. reportedly responded by

shooting A. W. in the chest and upper

limbs. He was pronounced dead at the

Spanish Town Hospital and the other

man escaped

4/5/2011 File sent to DOC

for vetting and

comments

Forensic Report

outstanding

9 SCU 83/12 6 It was reported that on Friday October

05, 2012, police from the St. Ann

Operational Support Team acting on

information visited the hut/shed in the

Orange Valley Area where the deceased

was said to be. The police reportedly

announced themselves to two men who

were standing outside. Both men ran one

opened fire at the police which was

returned and S. was later found on the

ground suffering from gunshot wounds.

He was taken to the St. Ann's By

Hospital where he was pronounced dead.

5/10/2012 1. Apply for

ballistic and

forensic report

after receiving

statement and

exhibits info

from TSD Area

2. who

processed scene

1. Awaiting

post mortem

and post

mortem report

2. Awaiting

Forensic and

Ballistic reports

10 SCU/94/12 Vicinity of West

Street, Port Antonio

Mr.G. was allegedly shot by the police

along West Street in Port Antonio after

he ran when accosted by the police and

fired shots at them indescrimately.

12/10/2012 1. Applied for

Post Mortem

examination.

2. Applied for

Ballistic and

Forensic Report

3. To collect

statement from

injured 8 year

old.

4. Awaiting

statement from

Sgt Blackwood.

5. Awaiting

medical report

11 23/11 Brixton Hill, Mocho,

Clarendon

Mr. C. who was allegedly mentally

impaired, was fatally shot by JCF police

officers after allegedly attacked the JCF

Officer while at his home in Brixton

Hill, Mocho, Clarendon

July 27, 2011 PFIR to be

completed

1. Awaiting

Ballistics

2. Transcripts

outstanding

12 485/11 Highway 2000 on

October 2, 2011, Old

Harbour, St. Catherine

Mr. G. was shot after he allegedly

crashed through the barrier at the toll

booth at the vineyards Plaza of Highway

2000, exited the vehicle; and then got

into the police service vehicle and drove

it away. Policeman manage to enter the

police unit and a struggle ensued

resulting in G. been shot once. He was

pronounced dead at May Pen Hospital.

Sunday October 2,

2011 FIR

SUBMITTED

Awaiting

Ballistic

Certificate

13 A/62/12

(145/12)

Greenwich Farm,

Kingston

Mr. B. was fatally shot by member of the

JCF Monday March 19, 2012 at his

home in Greenwich Farm, Kingston. It is

alleged that he and a male accomplice

saw the police, ran into a yard, engaged

the police in gun fire and he was shot.

Allegation is that JCF members were

wearing mask

Monday, March 19,

2012

1. Additional

witness

statements to be

recorded

2. Additional

information

from Firearm

and Ammunition

registers to be

collected

3. Firearm of all

7 officers on

operation to be

checked

4. Post Mortem

report to be

applied for

5. Write to

forensic

Laboratory re

firearm

recovered

Forensic reports

outstanding

14 SCU/43/12 Boscobel Heights,

Oracabessa, St. Mary

Mr. M. was fatally shot by an off duty

female Detective Corporal of police after

he and a male accomplice attempted to

rob her at gun point

Friday July 6, 2012 1. PFIR to be

completed.

Forensic reports

outstanding

15 SCU/62/12 Paggee Beach, Port

Maria

Mr. B. was fatally shot by unknown

person(s) while at a party. (it is believed

that an off duty police officer shot him)

Monday, August 13,

2012 FIR completed

Original and

Copy file

submitted to LO

16 26/11

Contents District, St.

Elizabeth

Allegations are that Mr. K. who is also

of unsound mind attacked his nephew

with a machete as well as other

community members with stones

injuring them. It is said that he damaged

the vehicle of District Constable J. M.

and was in the process of chopping at

him when he was shot.

Saturday July 30,

2011

1. To revisit

scene

2. PFIR to be

completed.

Forensic reports

17 614/11 St. Elizabeth R. P. was allegedly shot by the police

after he was reportedly making a

nuisance of himself and attacked an

elderly man in the community of

Lacovia. The police was called and he

was shot after allegedly trying to attack

one of them with a machete. He was

later pronounced dead at Black River

Hospital

Saturday, February

19, 2011

1. Contact to be

made with

family members

identified in BSI

file re Mental

status

2. Statement to

be collected

from Post

Mistress (On

leave out of

country when

investigators

went to do

same)

3. PFIR to be

completed.

2-1-2013

1. Post mortem

report to be

returned re-

bullet taken

from body

2. Q n A of two

police officers -

11-01-2013

3. Q n A and

detailed

statement to be

1. Ballistic,

Chemistry and

Biology

Reports

taken from TSD

rep who

attended post

mortem - 10-01-

2013

18 47/11 St. Elizabeth Mr. R. was allegedly shot and killed by

S/Sergeant W. P. after he jumped out of

bushes and attacked him and his brother

1. To revisit

scene

2. PFIR to be

prepared

1. Ballistic,

Chemistry and

Biology

Reports

19 61/10 Sabina Park, Kingston The police were on patrol when they saw

two men who were challenged. Both

men pulled guns, open fire at the police

and ran onto the compound of Sabina

Park. One of the men escaped and C.

was found with wounds. He was taken to

KPH where he was declared dead by the

doctor on duty. A gun was recovered.

15/02/2010 PFIR to be

completed.

Awaiting

ballistics

certificate

20 46/11 Glasspole Avenue

Kingston

The police acting on information went in

search of a wanted man. The targeted

house was surrounded and two men ran

from it while opening fire at the police.

The police returned the gunfire and D.

man was found suffering from gunshot

wound. He was pronounced dead at

KPH. The other man made good his

escape. A firearm was recovered.

2/2/2011

1. To record

witness

statement

Awaiting

forensic

certificates

21 231/11 East Guango Cres. &

Bayfarm Rd. St.

Andrew

The police were on patrol when they

stopped a motor car. The driver, the sole

occupant, came out of the car and

pointed a gun at the police who fired one

shot which caught the driver, M. in the

head. He was taken to KPH where he

died while undergoing treatment. A gun

was recovered. No eyewitnesses found.

The deceased was known before by the

police witness.

20/06/2011 1. To get entries

relating to the

firearms used by

the police and

notice the

issuing officers

Awaiting

forensic

certificates and

phone records

22 SCU 03/12 Parry Town St. Ann The police acting on information went to

the house where two persons were seen

in front room and one male in the back

room. In the back room the male was

questioned. Another man was seen under

the bed and when he was ordered out he

pointed a firearm at the police and was

shot. Firearm recovered

13/01/2012 1. To get entries

relating to the

firearms used by

the police and

notice the

issuing officers

2. To interview

shopkeeper who

was allegedly

robbed by the

deceased

Awaiting

forensic

certificates

23 329/10 Halls Delight St.

Andrew

The police armed with a warrant went to

the house and upon entering, D. chopped

at a policeman who fired one shot which

hit him. D. was taken to UHWI where he

died on the following day.

11/11/2010 1. To enquire

about the

machete

2. To notice

TSD for

statement and

viewer C-D

Awaiting

Forensic

Certificates

24 10/06 Bull Bay St. Andrew On Wednesday January 04, 2006 the

police acting on information went to the

premises where five men were seen. One

of the men handed over a firearm to D.

who opened fire at the police who

returned same. D. was injured by the

bullets and taken to KPH where he was

pronounced dead by a doctor on duty.

Two of men were charged for various

related offences. A firearm was

recovered. NOTE THAT THE DPP

RULED BY LETTER DATED MAY

04, 2011 THAT FILE BE SENT TO

THE CORONER.

25/05/2011 To visit area and

locate witnesses

25 26/08 Waterford, St.

Catherine

On Wednesday, 2008 January 23 S. R.

was at lot 1204 Manhertz Road

Waterford, St Catherine when he was

fatally shot by the police. The police

alleged that another gunman escaped and

a firearm recovered. Incomplete file sent

to the DPP who returned same by letter

dated 29/07/2011. File returned to

Investigator on 08/08/2011

28.1.08

Returned to

Investigator on

8/8/2011

To close file

SPECIAL CASE UNIT

(SCU)

OTHER

INVESTIGATIONS

THE INDEPENDENT COMMISSION OF INVESTIGATIONS CASE MANAGEMENT REPORT – SPECIAL CASE UNIT (SCU) OTHER INVESTIGATIONS

No. Incident Location of


Date Investigatio

n Commenced


Internal External

1 Shooting Injury Burnt Savannah,

St. Elizabeth

The complainant, K. W.

states that she was shot and

injured by a policeman who

is the member of a team who

visits her community and a

regular basis and terrorizes

members of the community.

1/4/2011 Efforts being made to

get outstanding

forensic reports.

To draft provisional

FIR.

Awaiting Forensic reports.

2 Shooting Injury Old Harbour, St.

Catherine

This complaint was received

from the Office of the

Children's Registry. It states

that eleven year old A. R.

who was at her friend's

house was shot and injured.

A little boy, J. D. who lives

at the house was also shot

and injured.

15/7/11 Extra efforts being made to cause J's

mother to corroborate.

Awaiting med/cert for A. R.

Awaiting responses from police

personnel

3 Shooting Injury Downtown,

Kingston

Complainant, H. B. said he

was stopped by the police in

downtown, Kingston and

shot in the groin area. He

said that after he was shot

the police commented, "look

how you shoot yuhself."

13/8/09 Final Report to be done.


4 Unlawful of

Property

St. Andrew and

Gimme-me-bit

Clarendon

The complainant, A. B.

alleges that he was taken

into custody by the police

and his properties searched

by the Revenue Protection

Division and the police. He

further alleges that his motor

vehicle and $530,000 were

seized unlawfully.

15/10/10 FIR Submitted

5 Assault at

Common Law

and Conduct

Unbecoming

Mountain View,

Kingston

Complainant, T. B. alleges

that she was at home

sleeping when she woke up

to see policemen in her

house. She said Sergeant

White pointed his firearm

directly at her.


6 Conduct

Unbecoming

Portmore, St.

Catherine

The complainant, S. D. said

him and the respondent were

involved in a motor vehicle

accident. The respondent

then promised to effect

repairs to his vehicle,

however when he was called

upon to do so he used

threatening language to the

complainant.



7 New Kingston Complainant, K. C. alleges

that he was beaten with a

baton by police personnel

attached to New Kingston

Police Post on December 26,

2010.

28/12/10 Prepare FIR

8 Assault St. Mary The complainant, E. G. said

he was accosted and boxed

several times by a policeman

who owns and operates

buses in St. Mary.

16/12/11 An incident occurred

between complainant

and respondent at

Richmond Police

Station. Officers who

were present were

Noticed.

Awaiting police

responses.

9 Non-Action Kingston The complainant, C. F.

alleges that on 17/7/08 her

business place was burnt by

a man with whom she an

altercation. She alleges that

she was assaulted and she

reported the matter to

Stadium Gardens Police

Station and Cross Roads

Police and nothing was

done.

29/11/10 Final Report is being

drafted.


10 Sexual Assault Dam Head, St.

Catherine

It was reported that police

officers went to a nightclub

in Dam Head, St. Catherine

and sexually assaulted an

Exotic Dancer at the Club.

7/9/2010 Final Report is to be

drafted.

11 Threat, Assault

and Unduly Long

Detention

Toll Gate,

Clarendon

Complainant, P. C. alleges

that on April 2, 2011 the

police came to her house

and threatened to kill her

son and physically assaulted

him. They also went

looking for another son she

had and locked up both of

them at the May Pen Police

Station, where they were

again assaulted while in

custody. Both men were not

released until April 29,

2011.

14/4/11 Final Report to be

drafted

12 Assault White River, St.

Ann

The complainant, B. L.

complained of being

assaulted by officers from

St. Ann.

17/5/12 FIR to be drafted


13 Assault March Pen Road,

St. Catherine

Complainant, K. G. alleges

that her baby father, R. H.

was assaulted by members

of the JDF and JCF.

3/112 To revisit Hunts Bay

Police Station to

record Cell Diary

Entry. To ascertain

the identity of

personnel on the

operation.

14 Unduly Long

Detention

Duhaney Park,

Kingston

Complainant's parents

reported that their son, S. R.

was taken into custody on

May 6, 2012 and up until the

time of making the report he

was not charged.

15/5/12

15 Unduly Long

Detention

Spanish Town, St.

Catherine

R. R.'s baby mother, A. W.

called INDECOM and

reported that he was taken

into custody on May 1, 2012

and up to May 15 had not

been charged.

15/5/12 To contact

complainant again

with a view to record

statement and Serve

Notices.

16 Assault Grandy Hole, St.

Mary

The complainant, D. G.

reported that he was

assaulted by the respondent

who came to his wife's cook

shop in Grandy Hole, St.

Mary.

13/6/12


17 Assault Addersfield

District, St. Mary


while at his brother's house,

the police carried out a

search at the house and a

policeman kicked a dog that

was tied up and when he

questioned the reason for it,

he was boxed several times.

12/9/2011

reassigned to

SCU on

27/9/12

To collect further

statement from

complainant.

To record witness

statements

To apply for medical

certificate

18 Shooting Injury B 5/25/2012 Awaiting statement from one

concerned officer

19 Shooting Injury B 2/22/2012 FIR to be prepared Outstanding ballistic certificate

Outstanding statements from soldiers

20 Non-Action V. E. alleges that she is

having difficulty obtaining a

Form D from the police to

apply for a death certificate

for her sister

May 4, 2011

21 Unlawful Arrest,

Malicious

Detention and

Unprofessional

Conduct

Complainant alleges that her

son J. C. was unlawfully

arrested and detained by

Con. Brandford

June 15,

2011


22 Assault Central Police

Station and Gun

Court

J. J. P. M. (complainant)

alleges he was assaulted by

police and soldier while in

police custody at Central P/S

and Gun Court

Apr-11 FIR drafted Received medical certificate but it

had an error

Awaiting statement from Cons.

Jackson

Awaiting statement from the two

soldiers who were involved in the

cell search that resulted in the alleged

assault of complainant

23 Non-Action A. J. alleges that he reported

a case of threat via text

messages but has not

received assistance from the

police

May 11,

2011

24 Unprofessional

Conduct

P. C. alleged that the action

of the police endangered his

life when he was asked in

the presence of another

passenger, if he was

carrying a firearm.

October 25,

2011

Letter (drafted) to be

sent to personnel at

COP re identity of

concerned officers

Unable to determine where police

officer is stationed, as phone calls

made to each police station in the

division he is assigned to, reported

that the concerned officer is not

stationed there


25 Abuse of Power Duhaney park

Police Lock Up

N. V. was arrested and

charged with cruelty to a

child. She has been denied

the right to visitation from

her family since she was

arrested

March 5,

2012

26 Assault Pennwood High

School and

Olympic Gardens

Police Station

S. B. alleged he was beaten

by police officers at his

school

March 6,

2012

Finalize date to

record statement

from school Principal

and security guard

Record diary entry

Notice/s to be

delivered

27 Assault M. T. alleged he was

assaulted by a police officer

at a party

March 28,

2012

Awaiting statements from concerned

officer/s

28 Assault and

Detention

O. M. alleges he was

assaulted by approximately

20 police officers and then

taken into police custody.

5/4/2012 Apply for medical

certificate

Awaiting statement from concerned

officer


29 Unduly Long

Detention

Hunts Bay Police

Lock Up

G. G. alleges that he was

detained twice in excess of 3

weeks and released without

being charged; police have

been visiting his home since

April 15,

2010

30 Unduly Long

Detention

Spanish Town

Police Lock Up

W/Inspector Lynch-Miller

of the Spanish Town Police

Station refused to accept an

order from RM Mrs. Wolfe-

Reece that K. G. be released

from police lock up by 4pm

on September 5, 2011

September 6,

2011

31 Unduly Long

Detention

Greater Portmore

Police lock Up

K. M. alleged he was

detained from August 30,

2011 to September 14, 2011

without being charged. He

was a witness to the fatal

shooting of four men by

police in 2005.

September

13, 2011

One statement outstanding from

concerned officer- K. Williams

Absence of corroborative statement

Awaiting response from COP

32 Unlawful

Detention

Spanish Town

Police Lock Up

K. M. alleged he and 8 other

friend/family members were

taken into police custody

and released without being

charged, and that there were

some who were assaulted by

police officers.

October 10,

2011


33 Unduly Long

Detention

Spanish Town

Police Lock Up

N. M. alleged that her baby

father, T. H. was taken into

police custody in excess of

one week, and was not

released

December

13, 2011

A notice to be sent to

DSP Wilfred

Campbell who is

now stationed at the

Montego Bay H/Q

Awaiting statement s from concerned

officers

34 Unduly Long

Detention

Stony Hill Police

Lock Up

K. K. alleged he was locked

up by police in excess of

three weeks before being

charged. He was later

released.

December

13, 2011

35 Unduly Long

Detention

Half Way Tree &

Spanish Town

Police Lock Ups

M. W. alleged he was placed

in police custody for money

he owed a civilian. While in

police custody he was told

by a police officer to repay

more than what was owed or

he would remain in police

custody

June 14,

2011

A notice to be sent to

Det/Cpl Keith Scully

36 Unduly Long

Detention

Bull Bay &

Greater Portmore

Police Lock Ups

P. D. alleged her brother, E.

M. has been in police

custody since November 18,

2011 without being charged

November

22, 2011

Awaiting Access to Station Diaries


37 Unduly Long

Detention

May Pen Police

Lock Up

P. C. alleged her sons, J. R.

and G. S. was locked up by

police from April 2-29, 2011


April 20,

2011

One statement outstanding from

concerned officer- C. Brown

38 Unduly Long

Detention

Port Antonio

Police Lock Up

Complainants were held in

police custody in excess of

three days without being

charged

January 12,

2011

39 Unduly Long

Detention

Mandeville Police

Lock Up

W. M. and his son R. M.

allege that his son was

detained by the police from

September 26, 2011 and

released on September 29,

2011.

September

26, 2011

Awaiting statement from concerned

officer

40 Unduly Long

Detention

Mountain View

Police Lock Up

RM V. E. alleges that she

made an order for F. W. and

G. P. to be released on May

10, 2012 but her order was

disobeyed

May 14,

2012

Awaiting statement from RM V. E.

(complainant)


41 Assault &

Unlawful

Detention

Greater Portmore

Police lock Up

F. M. alleges that he was

beaten by Sgt. Green while

in police custody

April 2, 2012 Awaiting Access to Station Diaries

42 Assault & Unduly

Long Detention

Ocho Rios Police

Lock Up

G. T. alleges he was

assaulted by several

policemen including Mr. F.

while being taken to the

Ocho Rios Police Station.

He was locked up for

Shooting with Intent and

was released without being

charged after 4 days.

July 9, 2012 Notice to be prepared

43 Abuse of Office

& Neglect of

Duty

Retreat Police

Station

Rev. D. M. alleges that

police arrested him without

doing any investigation

which cause public

embarrassment

August 28,

2012

Notice to be prepared

44 Abuse of Office Port Antonio

Police Lock Up

S. B. alleges that she was

assaulted by a policewoman

while being taken to the Port

Antonio Police Station. She

was arrested twice.

September 4,

2012

Diary entry to be

recorded; Notice to

be prepared


45 Missing Teen Tivoli Gardens

Kingston 14,

Kingston

It is alleged that in May

2010 during the Tivoli

incursion D. D. was taken

from his home by members

of the Security Force during

a joint police military

operation and he has not

been seen since

28/12/2010

46 Seizure of

property

Port Henderson,

Portmore St.

Catherine

Mr. M. stated that his Isuzu

motor truck was seized by

the police after it was

abandoned by his son and he

had difficulties in having the

truck returned to him

9/2/2011

47 Neglect of Duty Marcus Garvey

Drive Kingston

M. L. complained that her

daughter C. A. was killed in

a motor vehicle accident in

August 2010 and she

believes the Sgt. Russell the

investigating Officer has not

done his duties where the

case is concerned.

10/5/2011


48 Threat and

Assault

Lyndale Avenue

Kingston 20

Kingston

Mr. L. M. lives in the

Cayman Island and he

reported that he shared an

intimate relationship with

W/Sgt. Sharnett Griffith. On

his last visit to Jamaica in

March 2011, he had an

argument with Sgt. Griffiths

and in the process she along

with her teenage son

assaulted him and threatened

to kill him with her gun.

26/05/2011

49 Conduct

Unbecoming

* Family members of S. C.

reported that her partner,

Con. R. R. discharged his

firearm in the bedroom wall,

made several threats to

complainant and family

members

29/06/2011

50 Harassment 204 Brunswick

Avenue Spanish

Town St.

Catherine

I. T. mother of K. B.

complained that he is being

harassed by police at the


6/7/2011


51 Neglect of Duty Browns Hall

Police Station

St. Catherine

Complainant O. D. reported

that he was attacked and

assaulted by four women in

his community and he

reported the incident to

police McIntosh at the

Browns Hall Police Station

and no action has been taken

by the police since his report

was made.

12/7/2011

52 Conduct

Unbecoming

Molynes Road and

Half Way Tree

Police Station

Kingston

Ms. A. W. reported she was

assaulted by a man whom

she had sold a property and

she sought the assistance of

police from Half Way Tree.

According to her, the police

who responded behaved in

an unprofessional manner

and their actions following

her report also suggest some

level of corruption and

unprofessional behaviour

3/8/2011

53 Threat and

Seizure of

Property

Via telephone

Kingston

Dr. E. B. reported that his

Remington shotgun and

license booklet were seized

by Mr. Marshal of the

Firearm Licensing Authority

with the aid of Sgt. Rodney

of Mobile Reserve. He also

said that Mr. Marshall

suggested that they are

going to kill him.

8/9/2011


54 Harassment and

Threat

Clarence Road

Kingston

Mr. D. L. reported that for

months of August and

September 2011 he has been

harassed and threatened by

the police who want to kill

him

26/10/2011

55 Unlawful

Detention

Caymans Gulf

Club Kingston and

Bucksfield St.

Ann

Mr. A. B. thru his attorney

reported that in July 2010

police from Mobile Reserve

searched his vehicle &

home, took his finger print

& detained him for 2 days.

He was released after his

attorney filed Habeas

Corpus. In August 2011 the

police searched his business

for guns & damaged part of

the ceiling of his business

place. He claimed that he

has done nothing wrong &

he is in fear of the police

based on their actions

towards him.

8/12/2011

56 Unlawful

Detention

Tower Street

Adult Correctional

Centre

Mr. J. H. reported that he

was sentenced in 1995 at the

Governor General‟s pleasure

and he believes he is lost in

the system

5/1/2012 Awaiting responses from MOJ, DCS

and Independent Council on Human

Rights on position on GG Pleasure


57 Assault Beside Armani

Night Club

Orange Bay

St. Mary

Mr. G. M. alleged that on

the 01/07/2012 while he was

at his shop on Main Street in

Orange Bay Cons. R. W.

whom he knew from high

school asked him why he

said he is to suck his mother.

He stated that he denied the

allegation but Cons.

Williams hit him in the face,

pulled his firearm and

threatened him. Mr. G. said

he had to seek medical

attention.

9/1/2012

58 Shooting

injury/Destruction

of Property

Lot 144

Torrington Park

Housing Scheme

Kingston

Mr. L. W. reported that on

10/2/12 police officers from

Denham Town Police

Station shot up his house,

damaged his door and his

left shoulder was also grazed

during the shootout. He

added that he was brought o

SSP Bent in New Kgn and

asked to give names of 2 bad

men in his area. He did not

& was carried back home

14/02/2012 Awaiting Medical certificate from

KPH


59 Perversion of the

course of Justice

CISOCA office St.

Ann's Bay

St. Ann

Ms. A. E. reported that her

14 yr old daughter S. was

interviewed in her absence

by the police and she was

forced/pressured to give a

false statement. The child

collaborated mother‟s

complaint

29/02/2012

60 Assault Richmond Farm

Adult Correctional

Center St. Mary

Inmate A. S. reported that

on 31.12.11 he was working

in the cleaning party and

while returning from the

rubbish bin he was searched

by Cpl. Grant a Correctional

Officer in a sexual manner

and when he resisted that

approach he was beaten

with a baton over his body.

27/02/2012 FIR submitted to DOC for vetting

and Comments

61 Wrongful Arrest Intersection of

Lady Musgrave

Road and

Trafalgar Road

Kingston

Cons. D. E. reported that on

27/3/12 while conducting

business a team from Anti-

Corruption Branch arrested

& transported him to 3

locations & his ordeal lasted

for 6 hrs. He was then


charged. 28/3/12

28/03/2012 Write 14 day letter

then start FIR

Complainant's g/friend not

cooperating to give statement


62 Assault Parade, Down

Town

Kingston

Seventeen year old S. F.

reported to the Children‟s

Advocate that he was

dragged, hit and boxed by a

police officer who has since

been harassing him in Down

Town Kingston

27/03/12 Awaiting outcome of Court

proceedings.

63 Seizure of

Property

Martin District

St. Mary

Mr. P. B. reported that his

cash amounting to

$612,000.00 in local &

foreign currency was seized

by Sgt. Webley from the

Port Maria Police Station &

the money has not been

returned to him although he

brought proof to show how

the money came in his

possession

4/6/2012 Start FIR

64 Assault Annotto Bay High

School, Annotto

Bay St. Mary

Mrs. J. L. reported that her

17 yr old son T. L. was

assaulted by the SRO at

Annotto Bay High School

and he received medical

treatment after receiving

bruises to his elbows and

center of back which were

also swollen.

4/6/2012 Awaiting outcome of Court

proceedings.


65 Assault Half Way Tree

Transport Centre

Kingston

Two teenagers, C. F. & S. B.

alleged that they were

physically abused by the

police after they were

removed from a JUTC bus

in the HWT transport Centre

18/06/2012 Start FIR

66 Assault Spanish Town

St. Catherine

Letter from the Children‟s

Advocate alleged that a SRO

at the Jonathan Grant High

School has been sexually

abusing male students and

threaten to plant gun on

them if they formalize

reports against him.

18/06/2012 Write letter to

Community Safety

and Security Branch

and request

information on NIB.

1. Awaiting responses from CISOCA

2. Awaiting response from Spanish

Town High School

67 Unlawful

Detention

Tower Street

Adult Correctional

Centre (to be

confirmed)

Kingston

Mr. G. B. reported that he

has been incarcerated at the

GG‟s Pleasure since 1982

and he was diagnosed as

having schizophrenia. He

stated that he is an inmate at

the Tower Street Adult


14/08/2012 1. Awaiting response from

Department of Correctional Services

to proceed with investigations

68 Threat and

Harassment

Sandside and

Stenneth Street,

Town of Port

Maria St. Mary

Mr. P. S. reported that on

August 19, 2012 Spl. Cons

Curtis Whyte issued threat

to him. He also stated he has

been issued with several

unwarranted traffic tickets

since last year after he first

met the officer

21/08/12 1. Awaiting responses from officers.

2. Mr. S. to provide court date to get

information from Port Maria Court


69 Assault Browns Town

Police Station

St. Ann

Ms. E. reported on behalf of

her son D. J. that on 12/9/12

D., a bus driver was stopped

by a police officer who

ordered him to the station

and when he asked the

reason and asked for a ticket

he was taken from the bus

and beaten in the presence

of other police officers. He

had to seek medical

attention

13/09/2012 1. Issue notice to

concerned officer

and other officers

noted in investigation

70 Unprofessional

Conduct

Annotto Bay High

School Annotto

Bay St. Mary

J. B. was reportedly arrested

while on the school

compound of Annotto Bay

High and taken to the police

station where he was

released in the absence of

his parent or guardian

9/7/2012 1. Collect statement from three

Teachers two are on vacation leave

2. Awaiting order of court

3. Complainants to provide witnesses

or their contact information


71 Assault Town of Browns

Town St. Ann

Mr. R. W. reported that on

August 31, 2012 while

conducting his private

business with his family

members he was issued with

traffic tickets with regards to

the operation of his Taxi

even though he was not

working. He stated that

when he attempted to

contact his Lawyer via

telephone Cons Thompson

used his baton to hit him

over the body causing cuts

to his head and face and

bruises to his body. A

second police Cpl. Joseph

reportedly intervened and

squeezed his neck. He had to

receive medical treatment

for injuries sustained

26/09/2012

72 Assault Jonathan Grant

High School

Spanish Town

St. Catherine

T. alleged that he was beaten

by SRO„s at Johnathan

Grant High School on

16/01/12 when he arrived at

school late and had a quarrel

with the security guard.

20/01/2012

73 School Resource

Officers

14/03/2012 Awaiting responses from Police

Commissioner


74 Shooting Injury Stewart Town

Main Road, St.

Mary

Miss M. was shot and

injured after a bullet fired

from the licensed firearm of

an off duty police Constable

which caught her in the arm

Saturday

March 24,

2012

Withdrawal form to

be signed as the

complainant is not

willing to go further

with the investigation

A. said she wish not to go any further

with the matter

75 Shooting Injury Stewart Town

Main Road, St.

Mary

Mr. S. was shot and injured

after a bullet fired from the

licensed firearm of an off

duty police Constable

which caught her in the arm

Saturday

March 24,

2012

Forensic Certificate

76 Assault Belfield, St. Mary K. W. alleges that he was

assaulted by a District

Constable attached to

Belfield Police Station after

he had gone there to make a

complaint.

September

11, 2011

(file

transferred

on January 1,

2012)

1. FIR TO BE

PREPARED

2. Mediation

recommended as

Course of Action.

Arrangements being

made

77 Shooting Injury Port Antonio,

Portland

Mr. R. was shot and injured

after he allegedly threw

stones at the police. He was

taken to St. Ann‟s Bay

Hospital where he was

admitted.

##########

########## FIR SUBMITTED Mental reports from Ward 21,

Kingston Public Hospital (KPH) and

one nursing home

78 Injury of prisoner St. Catherine

Adult Correctional

Centre (STCACC)

Mr. B. sustained injury to

his finger on March 18,

2012 whilst in custody after

he allegedly attacked the

warders while his cell, #33

was being searched and also

when he was being escorted

to the medical office

30th March

2012

(complaint

received 12

days after

incident)

lack of cooperation of inmate


79 Shooting Injury Port Antonio,

Portland

Mr. O. was shot by a lone

police officer after he

allegedly chase4d two

school boys with a machete.

When told to put down the

machete he advanced on the

police and he was

subsequently shot

Tuesday,

April 24,

2012

Mental status and medical reports

80 Death whilst in

police lock-up

Port Antonio

Police Station

Complainant who is alleged

to be on drugs allegedly

hung himself in Cell #5 at

Port Antonio lock-up

Wednesday,

June 15,

2011

Form part of the

special investigation

81 Death whilst in

police lock-up

Port Antonio

Police Station

Mr. J. was allegedly not

feeling well and was taken

to Port Antonio Hospital for

treatment where he was

eventually pronounced dead.

Saturday,

July 02,

2011

Form part of the


82 Death whilst in

police lock-up

Port Antonio

Police Station

Mr. S. who was of unsound

mind was allegedly found

hanging in Cell # 5 at the


Saturday,

July 02,

2011

Form part of the


83 Death whilst in

police lock-up

Port Antonio

Police Station

Mr. H. who was of unsound

mind was locked up at Port

Antonio Police Station after

incidents involving his

neighbours. He was placed

in Cell # 5 where some days

later he was found hanging

by a piece of his clothing.

Form part of the



84 Death in Police

Custody on

February 4, 2009.

Port Antonio

Police Station

Deceased was allegedly

found hanging in the cells at

the Bridgeport Police

Station and was pronounced

dead at Spanish Town

Hospital

Tuesday,

October 18,

2011

Form part of the


85 Death in Police

Custody

Lionel Town

Police Station

Mr. M, a prisoner at the

Lionel Town police Station,

was pronounced dead after

he allegedly fainted whilst

brushing his teeth on Sunday

February 19, 2012

Tuesday,

March 06,

2012

PMR owing to results from Public

Health Lab and Forensic Lab

86 Death in Custody Linstead Police

Station

On July 21, 2009 at

approximately 1:00pm, it is

alleged that Mr. B. hung

himself in Cell #1 at the

Linstead Police Station. He

was taken to the Linstead

Public Hospital where he

died while been treated.

July 21,

2009

(PPCA file

transferred

for special

investigation

–

December 8,

2011)

Awaiting:

1. Police Investigation reports

2. Coroner‟s reports

87 Conduct

Unbecoming/

Unprofessional

Conduct

Norman Manley

International

Airport, Police

Mrs. M. alleges that she was

searched by police personnel

at the Norman Manley

International Airport, during

which time her prosthetic

legs were removed, as per

the request of search

personnel who said that it

had be checked. She had no

tools to refit these and so her

trip was uncomfortable.

Monday,

March 19,

2012

FIR SUBMITTED


88 Neglect of Duty Buff Bay Police

Station, Portland

Mr. B. went to the Buff Bay

Police Station to make a

report, however the

officer(s) on duty refused to

take report

Tuesday,

April 24,

2012

need to visit Police

Station

89 Neglect of Duty Buff Bay Police

Station, Portland

Mr. T. was collecting

passengers when an

argument developed

between and a young man.

Te police came and took

them both into custody,

however they did not allow

his to secure his bus and

other valuables

Tuesday,

August 28,

2012

need to visit Police

Station

90 Non-Action S.B. alleges that the

perimeter wall was

destroyed by citizens in the

presence of the police who

did nothing.

August 23,

2011

(File

transferred to

SCU –

January 17,

2011)

One outstanding police statement

91 Assault as a result

of the fatal

shooting of G. P.

on December 28,

2010

Porus, Manchester Complainant was allegedly

assaulted by police on his

way to the Porus Police

Station with a requested

picture of his just deceased

brother. Released on

$30,000.00 bail.

January 3,

2011 (File

transferred to

Team SCU

in June

2012)

FIR SUBMITTED

TO DOC



of the fatal

shooting of G. P.

on December 28,

2010


assaulted by police. He said

he was hit in the head with

baton and then arrested and

charged. Released on

$30,000 bail

FIR SUBMITTED

TO DOC


of the fatal

shooting of G. P.

on December 28,

2010


assaulted by the police and


following the death of G. P.

6-Jun-11


of the fatal

shooting of G. P.

on December 28,

201






$30,000 bail


of the fatal

shooting of G. P.

on December 28,

2010






$30,000 bail

FIR SUBMITTED TO DOC


of the fatal

shooting of G. P.

on December 28,

2010






$30,000 bail




of the fatal

shooting of G. P.

on December 28,

2010






$30,000 bail


98 Assault of Luke

Murray by a

member of the

Island Special

Constabulary

Force (ISCF)

St. Ann's Bay, St.

Ann

Mr. M. was allegedly

assaulted by a Special

Sergeant of Police on Friday

April 27, 2012

4-May-12 Transcript to be

prepared

99 Assault of

complainant by

police at Spanish

Town Police

Station April 26,

2011

Spanish Town, St.

Catherine

Mr. M. was allegedly beaten

by a constable and sergeant

at the Spanish Town Police

Station

April 26,

2011,

however

case

transferred to

investigator

in June 2012

FIR SUBMITTED

TO DOC

100 Injury of Mr. D.

D. M. while in

custody at

Manchioneal

Police Station

Manchioneal,

Portland

Mr. M. was allegedly

injured by police personnel

on Sunday January 15, 2012

whilst in custody at

Manchioneal Police Station

17-Jan-12 FIR SUBMITTED

TO DOC


101 Shooting injury of

D. C.

Alexandria, St,

Ann

Mr. C. was shot and injured

by an Inspector of police

and other police personnel

after he allegedly attacked

him and another citizen with

a machete. He was

subsequently arrested and

charged on two counts of

wounding and two counts of

possession of an offensive

weapon.

Transferred

case from

Team

Charley

(22/03/2012)

102 Assault and

Subsequent arrest

of Mr. S.

Port Antonio

Police Station

Mr. S. stated that on January

7, 2012 whilst at a bar in

Manchioneal he was kicked

and thumped by a

policeman, who later

arrested and charged him for

assaulting a Constable and

disorderly conduct.

2-Mar-12 Diaries are to be located

103 Death in custody

of L. R. at Red

Hills Police

Station

Red Hills, St.

Andrew

Mr. R. died in lock up at the

Red Hills Police Station

after he was allegedly

refused treatment that was

requested by his mother

November

15, 2010

(PPCA file

transferred

for special

investigation

– October

10, 2011

Please note the

previous investigator

had submitted an FIR

recommending that

no charges be

preferred against any

police personnel

Awaiting:

1. Response from (UHWI)




104 Death of R. M. at

the Black River

Police Station

lock-up on

February 18,

2012

Black River, St.

Elizabeth

R. M. (who was mentally ill)

was pronounced dead at the

Black River Hospital on

Friday February 17, 2012

after he was allegedly found

in an unresponsive position

in his cell at the Black River

Police Station

18-Feb-12 Q&A notice to be

prepared upon

receipt of Post

Mortem Report

Post Mortem Report Outstanding

105 Death of R. M.

whilst in custody

at the Denham

Town Police

Station

Denham Town,

Kingston

Mr. M. fell ill in police

custody at the Denham

Town Police Station on June

6, 2012 and was rushed to

KPH where he was

pronounced dead

19-Jun-12 Request to be made

for PMR

106 Death of R. H.

whilst in custody

at the Denham

Town Police

Station

Denham Town,

Kingston

Mr. H. fell ill in police

custody at the Denham

Town Police Station on June

6, 2012 and was rushed to

KPH where he was

pronounced dead

18-Jun-12 1. Additional notices

to be prepared

2. Application to be

made for PMR

(Please note samples

had been sent to the

PHL and GFL)


107 Death of

prisoners in

custody

All Parishes 34 Prisoners who allegedly

died whilst in police custody

between August 2005 –

March 2012

(11 active files)

August 2005

– March 1,

2012

REPORT

SUBMITTED TO

COMMISSIONER

AND DOC

Awaiting the following:



3. Copy of training manual form

Jamaica Police Academy

108 Persons who are

mentally ill who

die in

confrontation

with the security

forces

All Parishes Persons who are mentally ill

who were fatally shot after

allegedly confronting the

police

August 2005

– March 1,

2012

REPORT

SUBMITTED TO

COMMISSIONER

AND DOC

Awaiting the following:



3. Copy of training manual form

Jamaica Police Academy

109 Alleged non-

action of the

Islington Police

Islington, St. Mary S.B. alleges that the

perimeter wall was

destroyed by citizens in the

presence of the police who

did nothing.

August 23,

2011

(File

transferred to

SCU –

January 17,

2012)

Outstanding police statements


110 Unprofessional

conduct/Conduct

Unbecoming

Half-Way Tree,

St. Andrew

Dr. C. alleges that when he

was arrested on March 30,

2012 he was allowed just

one call which failed. He

was not allowed a second

and was placed in custody

with no one knowing where

he was.

31-May-12 1. To prepare and

serve notices

2. To record the

relevant diary entries

3. To seek opinion on

use of Judges' Rules

111 Unprofessional

conduct/Conduct

Unbecoming

Beverley Hill, St.

Andrew

Mr. E. alleges that his

property was illegally

entered, searched by persons

relating to a lawyer

connected to someone he is

doing business with. During

the process he was barred

from entering his premises

and goods valuing a large

sum of US$ was removed

from his house. All this done

in presence of police without

a Court Order

5-Jun-12 1. To serve notices

on identified

personnel

112 Unprofessional

conduct/Conduct

Unbecoming

Duhaney Park, St.

Andrew

Her client (female) was

improperly searched by the

police at the Duhaney Park

Police Station. They want to

know what is the correct

procedure for when a female

is taken into custody

17-Apr-12 FIR to be prepared

upon receipt of

response from COP

Awaiting response from COP


113 False Arrest and

Unlawful

Detention

Ocho Rios, St.

Ann

Miss S. was allegedly

falsely arrested and detained

by police based on an

unsubstantiated claim by a

man with whom she was

previously seeing briefly.

21-May-12 1. To visit Ocho Rios

and Freeport Police

Stations to record the

relevant entries

2. To notice all

police personnel

involved

3. To record a

statement from Miss

S. accuser

114 Non-Action of

Moneague Police

Moneague, St.

Ann

Mr. S. alleges that he

severely chopped and

wounded by a resident in his

community with whom he

has had previous incidents.

The matter was reported to

the Moneague Police Station

and even though he too

made attempts to locate the

accused he managed to flee

the island before being

apprehended by the police.

Complaint

received by

INDECOM

in May 2012,

but the

matter did

not become

an actual

complaint

until August

2012

1. To visit the

relevant police

stations and record

all relevant entries

2. To notice the

officers identified in

the incident

3. Check entries at

Spanish Town Police

Station

4. Among other

instructions from

DOC


115 Assault of Mr. D.

M. and Miss E.

D. (Canadian

Citizen) by a

policeman based

at Area II

Headquarters

Ocho Rios, St.

Ann

Mr. M. was allegedly hit by

a policeman named Mr. H. a

few times causing injuries

and in the process hitting his

Canadian girlfriend in the

face. The same policeman

has assaulted him before.

6-Sep-12 Awaiting file and

TOR

116 Assault of and

non-action

committed

against G. C. by

the Alexandria

Police Station

Alexandria, St,

Ann

Mr. C. alleges that he was

beaten by a police constable

and corporal stationed at the

Alexandria Police Station

after his daughter's mother

accused him of withholding

their daughter from her. The

police did not verify the

story before they beat him.

He was subsequently

arrested and attempts made

by him to report the alleged

assault to the sub-officer in-

charge a woman sergeant

were denied and he was

subsequently pushed out of

the station

13-Sep-12


117 Assault Ivy Green Mews

St. Andrew

On 2009 July 29 and 209

August 14 at 25 Ivy Green

Mews the home of R. H.,

Insp. Linton Allen et al of

the Half way Tree Police

Station went there and

assaulted R. H. and his wife

Mrs. H., a Japanese

national.

30/07/2009

&

17/08/2009

FIR to be completed

as both Inspector

Allen and Sergeant

Wilkes are on assault

charges at the Half

Way Tree R.M.

Court. The DPP

letter dated April 21,

2011 state that

charges are to be

brought against both

policemen. The last

known date was July

03, 2012

118 Assault Spanish Town

Police Station

Cells St. Catherine

On 2009 September 2, R. R.

was in custody at the

Spanish Town Police Lock

up when he was assaulted by

Cons. R. Wright

8/10/2009

1. Witnesses to be

interviewed.

2. To revisit station

records to verify

dates given by

hospital

119 Assault South Road St.

Andrew

On 2010 August 5, M. W.

had a dispute with his

mechanic on South Road

Kingston 10 when the

policeman assaulted him

then held him and cased the

mechanic to stab him. He

had to seek medical attn.

10/8/2011 1. Concerned officer

not yet identified.

2. To get further

statement from the

complainant and

witnesses


120 Shooting Injury Papine Police

Station St. Andrew

On Sunday October 17,

2010 D. was taken to the

police station after a report

was made there by his

mother and sister. He was

handcuffed to another

prisoner inside the guard

room. D. started to behave

boisterously and Cpl.

Fletcher went up to him and

there was a struggle between

them and Cpl. Fletcher

discharged one round from

his service pistol. D. was hit

in the abdomen.

20/10/2010

1.Awaiting Forensic reports and

statement of initial investigator

121 Assault Red Hills Road St.

Andrew

On December 05, 2010 F.

was accused of being a

shoplifter at the Lee's Food

Fair supermarket and the

police were called. Fabian

alleged that he was beaten

by the police, taken to the

Constant Spring Station and

placed in the holding area

for couple hours then


charged

9/12/2010

1. No witness

statement was

recorded.

2. Accused not yet

identified.

3. Diary entry to be

copied.

Cell Diary not found


122 Assault Breastworks

Portland

On Monday March 05, 2012

at about 10:00 pm R. was at

his stall when the police

accosted him. There was a

struggle and D. objected to

the behavior of the police

who then assaulted both men

and took them to the Port

Antonio Hospital where R.

was admitted and D. treated

and released.

6/3/2012 ID parade forms to

be completed and

submitted

123 Shooting Injury Jacques Road St.

Andrew

On 2009 July 8 R. R., S-A.

F. and J. were shot and

injured by members of the

security forces when they

were in a group which was

carrying the body of K. who

was fatally shot by gunmen

who engage the police and

soldiers in a shootout.

5/8/2009

124 Assault Duhaney Park ,St.

Andrew

On January 8 2010 C. D. P.

of 59 Longfellow Avenue

Duhaney Park St. Andrew

was assaulted by one of two

policemen attached to the

Duhaney Park Police Station

when they visited his home

to arrest him.

13/01/2010 Complainant does

not want the matter

to go any further and

he is unable to

identify the

policeman. He wants

to give a further

statement

Awaiting court results



Transportation

Centre, St Andrew

On 2010.03.26 Mr. A. B.

was at the Half Way Tree

Transport Center when he

was assaulted by Cpl. J.

Johnson and Cons. C.

McKenzie of the Motorized

Patrol Division When they

saw him struggling with

another man.

9/4/2010 FIR to be prepared as

witness was not

forthcoming

126 Assault Waltham Park

Road, St Andrew

On 2010 April 18, Mr. C. H.

was assaulted by Cpl.

Tyrone Daley of the Hunts

Bay Police Station in the

Waltham Park Road area

when the policeman saw the

complainant and a woman

fighting.


as the complainant

has not responded.

1.Awaiting medical certificate

127 Assault Duhaney Park , St.

Andrew

On March 9, 2009 Police

went to the home of N. J. at

245 Abberville Avenue

Kingston 20 with a search

warrant. The complainant

alleged that while she was

on her cell phone, a

policewoman wrung her

hand to terminate the call.



128 Assault King Street,

Kingston

On 2010 May 3, the

complainant, Mr. J. E. was

assaulted by Sgt. L.

O‟Connor of the Traffic

Division on King Street,

Kingston when the police

stopped him and accused

him of operating a robot

taxi. The complainant was

arrested then released with a

warning

5/5/2010 Witness statement to

be recorded

129 Shooting Injury West Parade

Kingston.

Ms.V. B. was shot and

injured by Cons. Dwight

Roberts of the mobile

reserve at West Parade

Kingston on 2010 August 7

while he was apprehending

two knife wielding men

16/08/2010 1. To interview

witness with the

assistance of the

complainant.

2. To get entries from

diary

3. To get initial

investigator

statement and TSD

statement

Awaiting forensic certificates

130 Assault Pembroke Hall, St.

Andrew

J. H. was assaulted by D/C

Leon Brown of the Duhaney

Park Police Station at

Annandale Avenue

Pembroke Hall St. Andrew

on 2010.08.15 during a

dispute. This House was

rented by her friend and the

policeman is the agent

17/08/2010 FIR to be prepared Awaiting medical certificate of D/C

L. Brown


131 Assault Carvalho Drive, St

Andrew

A. J. was staying at premises

at 15 Carvalho Drive,

Kingston 10. On 2010

August 22 the landlord

removed her belongings out

of the house in the presence

of the police. She tried to

prevent same by holding

onto the furniture and the

police intervened. She

alleged that she was

assaulted by Sgt. K. Smith

of the Half way Tree Police

Station.

30/08/2010 FIR prepared

132 Shooting Injury Yallahs, St.

Thomas

On August 28 2010 A. R.

was walking on the Yallahs

Road with a friend when he

heard loud explosions

sounding like gunshots.

They started running and he

realized that he was shot.

The police came on the

scene and took him to the

station then to the hospital

20/09/2010

1. No witness

statement recorded.

2. Diary entry not

copied

3. To identify initial

Investigator and get

statement


133 Shooting Injury Church Road

Kingston

On November 04, 2011 K.

E. was operating a robot

Taxi and he was signaled to

stop by the police. He

refused to stop and the

police shot at the vehicle. He

received gunshot injuries.

31/01/2011

134 Shooting Injury Terrence venue St.

Andrew

On 2009 September 6 at

about 12:30 a.m., T. H. was

shot and injured by police

personnel attached to the

H.W.T Police Station,

names not obtained at

Terrence Avenue Kingston

10

23/03/2011 FIR to be prepared

135 Threat Trench Town,

Kingston

On 2009 May 27 Insp.

Linval Harrison of the

Denham Town Police

Station went to K. P. house

at 5 Nelson Street Kingston

12 and issued threat to the

mother of the complainant

that he was going to kill the

complainant.




Transportation

Centre, St Andrew

On 6.11.2009 J. L. was at

the Half Way Tree

Transportation Centre when

he was assaulted by Spl/Sgt.

Dolbert Bryan of Harman

Barracks who accused him

of being part of a group of

boisterous youngsters.

12/11/2009 FIR to be prepared Complainant reluctant to bring in

witness

137 Assault at

common law &

Threat

Woodford Dist. St.

Andrew

There is a land dispute

between both parties.

Sometime in 2009 May or

June Mr. B. W. was walking

in Woodford St. Andrew

when D/C Cedric Pascoe of

the Irish Town Police

Station pulled a firearm and

pointed it at him saying that

he was going to shoot him if

he did not leave his land. In

December 2009 Mr. W. was

arrested by D/C Pascoe. D/C

Pascoe has threatened to

arrest the complainant if he

goes on his land.

8/3/2010 To prepare FIR Awaiting response from HWT RM.

court


138 Unlawful Arrest Meadowbrook

Estate, St. Andrew

K. C. was at his home in

Meadowbrook Estate when

the police went there and

accused him of not paying

over a sum of money to a

colleague who had a

business transaction with

him. He was arrested , taken

to the Hunts Bay Police

Station and placed in the

cells and released thirty

minutes later after he spoke

to a senior officer

24/08/2010 1. Further statements

to be recorded from

complainant.

139 Assault , Kingston Assault on G. V. on 2010

September 15 by Spl. Cons.

D. Dyer and arrested and

charged for various

offences. Complainant was

draped and hauled but rec‟d

no injuries

16/09/2010 Notice to be sent to

Cons. J. Dixon

140 Threat & Arson Manchester Mr. C. R. was threatened via

telephone conversation by

Cpl. Jacqueline Wright of

Spalding Police Station on

2009 May 8 and on 2009

May 16 the complainant‟s

car was burnt.

10/11/2010

1. Complainant

provided a witness

who can assist with

the arson

Awaiting phone records


141 Threat Kingston On 2010.11.19 at about

5:45pm, Mr. M. A. J. was

threatened via telephone

conversation by Cpl.

Richard Plummer of the

Mobile Reserve

10/11/2010 To prepare FIR

142 Conduct

Unbecoming,

Seizure of

Documents &

Threat

Constant Spring

Road St. Andrew

A. B. was subjected to

unprofessional conduct,

threat and seizure of

documents by Sgt. M.

Cummings of Traffic

Headquarters on 2010.12.14

on Constant Spring Road,

St. Andrew.


143 Discharge of

firearm

Old Harbour Vista

St. Catherine

On December 19 2010 G.

M. visited his girlfriend‟s

house at Old Harbour Vista,

St. Catherine where Insp.

Beckford of Elletson Road

Police Station discharged his

firearm from inside the

house.


144 Unlawful seizure

of motor car &

conduct

unbecoming

Morant Bay St.

Thomas

P. S. car was seized by the

police on 2011.01.6 for

operating illegal taxi. He

made a report at Morant Bay

Police Station and a

policewoman known as Ms.

James was given

instructions to return the car

but failed to do so.



145 Unlawful arrest &

Abuse of Power

New Kingston St.

Andrew

K. L. was picked up by

police in New Kingston on

2011.1.15 place in trunk of

the car with another man

and released behind Manley

Meadows in Kingston.

17/01/2011 To get withdrawal

statement from

complainant

146 Unlawful Seizure

of motor bus

Port Antonio,

Portland

Mr. D. D. bus was seized by

the Port Antonio Police on

2008 July 17 but cannot

retrieve same.

03/02/20011


147 Assault Islington, St Mary On 2011 February 9, O. W.

was walking past the

Islington Police Station

when he was called by

Constable Andrew Gordon.

Constable Gordon spoke to

him about a report made at

the station and used his hand

to hit O. in the chest.

14/02/2011 Proceed to fir

148 Conduct

Unbecoming

Chancery Lane,

Kingston

On 2011.02.21, Mr. K. T.

was arrested by Cons. C.

McKenzie in Parade,

Kingston. His vehicle was

left unprotected. Upon his

return his vehicle was

broken into AND

SEVERAL ITEMS

MISSING

23/02/2011 1. Awaiting statement from Cons. C.

McKenzie which is to be signed by a

JP.


149 Assault Tivoli Gardens,

Kingston

On Wednesday 2011 April

06 on Chang Avenue L. G.

was boxed by PTE A.

Morris of the J.D.F. who

was on foot patrol with other

personnel. He did not seek

medical attention.


150 Assault St. Andrew On June 2011, the J. W. had

a dispute and the police

were called. The police

threatened to arrest her but

left. They later returned with

another policeman who

assaulted the complainant.

16/06/2011 Visit Duhaney Park

Police Station to

copy diary entry on

arrest and bail.

151 Assault St. Ann On Sunday October 23,

2011 at about 2:30am there

was an attempted jail break

at the St. Ann‟s Bay Police

Station. Lock up. A police

party entered the cells and

he was beaten. Three days

later he was taken by the

police to the hospital.

23/11/2011 1. Witnesses to be

identified and

statements recorded.

2. More Policemen

to be indentified and

notices served.

3. Further statement

to be recorded from

complainant and

more station records

to be obtained


152 Non-Action &

Unlawful

Detention

Discovery Bay

Police Station St.

Ann

On March 10, 2009 the

complainant was arrested

and placed in the lockup at

Runaway Bay Police Station

for 14 days and then

released without charges. On

April 14 2011 she reported

to the St. Ann‟s Bay Police

of a break-in at her house

and the theft of her

refrigerator. She knows

where her fridge is and

reported same to the police

who failed to take action.

19/04/2012 To prepare FIR upon

receipt of response

from the courts.

Awaiting response from the courts

153 Assault Denham Town

Kingston

On February 15, 2012 at

about 6:00 pm A. N. a 16

year old student was

walking past a bar along

Charles street when she was

stopped by the owner. While

speaking to him a policeman

accused her of telling the

owner to turn on the music.

She was arrested by the

police taken to the Denham

Town Police station where

she was charged and bailed

7/6/2012


154 Threat & Conduct

Unbecoming

Denham Town

Kingston

S. R. is alleging that on July

12, 2012 the police went to

his previous and current

premises and conducted

searches and made threats

on his life.

POLICE ARE

UNIDENTIFIED

18/07/2012 To Call Complainant

about the other

witnesses

155 Destruction of

Property &

Assault

Steer Town St.

Ann

On August 14, 2012 at about

12:35 am T. M. was driving

in Steer Town St. Ann with

a male friend when he was

stopped by the police who

requested his documents. He

went on his cell phone and

the policeman boxed it out

of his hands damaging the

face glass. The police made

threatening remarks to him

16/08/2012

156 Assault &

Conduct

Unbecoming

YMCA St.

Andrew

On November 09, 2011 O.

P. a 15 year old student of

YMCA was Assaulted by

Cons. Christopher Charley.

He had to seek medical

attention

15/08/2012


157 Abuse of office &

seizure of

documents and

cash

Port Maria, St.

Mary

On September 10, 2012 S.

C. was driving in Port Maria

when he was stopped by

Cons. Garrique Thompson

who spoke to him about

producing his m/v docs. and

d/l. The policeman took out

complainant‟s wallet and

took out his cash US$171.00

and driver‟s license. But did

not return them

11/9/2012 To take further

statement from

complainant as his

license was returned

158 Abuse of office &

Misappropriation

of property

Charles Town St.

Mary

On Thursday Sept. 13, 2012

at 11:34am a telephone call

was recorded.

He alleged that on Friday

Sept. 07, 2012 at about

11:00 am he left a bar in

Charles Town St. Mary and

sat on a wall facing the bar.

A police patrol drove up and

stopped. The police searched

him and enquired about

what he had thrown away.

Cash totaling was found in

his Jacket pocket and a

“crusher” found in his pants

pocket. Ganja was found

nearby in bushes and the

police claimed that it was

the complainant who threw

away same. He was placed

in the service unit and taken

to Prospect police station

13/09/2012


and then released after

signing in a book. His

money was not returned to

him.

159 Conduct

Unbecoming

Castle Heights, St.

Andrew

O. C. alleged that Cons.

Jeffery took him to the



informed of charges of

Reasonable suspicion of

shooting. He was released

after C's. mother arranged to

pay Cons. Jeffery $10,000.

He was paid $2000 after

which he continued to

constantly call the mother

for the rest of the money.

16/12/09

(file was

returned

October

2011)

160 Record Keeping Island wide Investigation into the

manner in which records are

kept at the police stations

and posts

19/9/11 (1) Review of PCOA

reports continues

(2) Letter to DSP

Brown including

Court of Enquiry

requesting statistical

information drafted,

to be dispatched

(1) Awaiting D.S.P. Brown‟s

promise of the Court of Enquiry

results

(2) Awaiting response from other

Teams re repeat shooters

(3) Further information is needed

from the Mandeville Team re repeat

shooters.


161 Perverting the

course of Justice

St. Andrew On 15/12/09 D. S. K. was

arrested and charged for

Illegal Possession of

Firearm & Ammunition. He

spent 18 months in custody;

however the charges against

him were dropped.

28/10/11

162 Breach of

INDECOM Act

St. Catherine & St.

Thomas

INDECOM's Forensic

Examiners have on more

than one occasion attended

at scene and have been

refused cooperation by the

police

8/3/2012

163 Unprofessional

Conduct

St. Andrew M. A. complained that his

son J. was taken from the

HWT Court by police

officers who took him to his

house, where they destroyed

property and took his

passport, bank books, and

photos. Other family

members were assaulted on

occasions as well as locked

up.

3/5/2012


164 Non-Action St. Andrew D. D. reported that he

invested large sums of

money in OLINT thru'

USIMO a company owned

by Joseph Issa. He did not

get returns on his money nor

did he get back his principal.

He reported the matter to the

Fraud Swuad who has not

acted sufficiently to bring

Mr. Issa to justice.

24/5/2012

165 Kingston Special investigation into

the killings in Tivoli

Gardens in May 2010

13/6/12

166 Unlawful Arrest 455 Spanish Town

Road, Kingston 11

Complainant reported that

the police took him from

work to his home where it

was searched. He was then

taken to MIT where a sketch

was done of him as well as

photographs taken of him.

He was accused of murder

then taken back to his office

where his vehicle was also

searched

6/7/2012


167 Abuse of Office Donald Sangster

International

Airport

Complainants were leaving

Jamaica to the UK when

they were subjected to a

search and drug testing

31/8/12

168 Unprofessional

Conduct

Office of the FID,

Shalimar Ave,

Kingston 3


after his cellular telephones

were seized and still in the

possession of the police,

some of his female contacts

received Blackberry

messages requesting explicit

photographs of them which

they honoured believing the

request was coming from

complainant.

12/9/2012

INDECOM Report - Safeguarding the Right to Life

Education

Transcript of INDECOM Report - Safeguarding the Right to Life