JSC chides CoP on ‘total policing’

Last Friday, Minister of Public Utilities Fitzgerald Hinds, who chairs the Joint Select Committee (JSC) on National Security, laid in the Lower House the JSC’s First Report (2016 to 2017) on the status into the probes of the Police Service and Police Complaints Authority (PCA) into the events of March 23, 2015.

The report asked what action was taken on the JSC’s previous report (2014 to 2015) on the matter, what is the status of the PCA’s report and what has Williams done to ensure no recurrence.

In its general findings, the report said, “The Acting Commissioner of Police has taken no further action, disciplinary or otherwise, in relation to the day of total policing.” It said this inaction was due to the acting Police Commissioner’s view he couldn’t act until the PCA’s probe was done (under the PCA Act, section 48).

The report said the PCA’s investigation has been completed, with its draft report now under review to assess the evidence gathered, with the PCA saying the matter is “not yet closed”.

The PCA had challenges to complete its investigations and a lack of resources.

“No disciplinary action has been taken against any officer involved in the day of “total policing,” added the JSC report.

“The actions of officers involved in the day of total policing may have compromised the national security apparatus of Trinidad and Tobago and the comfort and safety of its citizens.” The report also said, “The committee recommends that the Commissioner of Police (CoP) should act with alacrity in dealing with matters of discipline which do not fall within the purview of the PCA.” It urged the commissioner to carefully note the JSC’s past recommendations.

The JSC advised that the PCA complete its investigations in an efficient and timely manner, such that the public interest is best served. Also, the line ministry should assess the PCA’s resource needs to ensure the PCA’s work is not hindered.

The committee wanted to find out who knew what beforehand about the 19 roadblocks conducted nationwide by officers from 19 police stations across six of the nine police divisions in Trinidad and Tobago.

“These roadblocks had the effect of severely inconveniencing the public and costing the economy millions of dollars as business activities came to a halt. The resulting massive nationwide traffic gridlock led to public outrage.” The committee said there should be a probe of the role of the Guard and Emergency Branch (GEB), the TT Police Service Social and Welfare Association and Inspector Roger Alexander.

“The relationship between the officers conducting the roadblock exercises and those attending the Trinidad and Tobago Police Service Social and Welfare Association meeting on the 19th March 2015 at the offices of the Guard and Emergency Branch (GEB) should be investigated.

“The role of the Guard and Emergency Branch (GEB) in relation to the provision of security of the Parliament should be immediately reviewed.” The committee also wanted to know of the levels of awareness of Acting Assistant Commissioner of Police Garfield Moore and Snr Supt Joanne Archie of roadblock exercises.

“There was a breakdown of communication systems within the TTPS as intelligence agencies such as Heads of Divisions and Branches, Cyber Crime Unit, Criminal Gang and Intelligence Unit indicated that they were unaware of any planned roadblock exercises.

“For a brief moment, First Division officers who were in charge of six police divisions and Second Division officers who were in charge of six police stations lost control of their divisions and stations respectively, to a small group of junior officers.” The report urged greater clarification of the jurisdiction of the PCA, CoP and Professional Standards Bureau in disciplining officers.

“The director of the PCA advised that nothing stops a commissioner from dealing with disciplinary and organisational matters within his remit, pending the conclusion of an investigation commenced by the PCA. The director further added that clear disciplinary issues exist for the CoP to address.

“As such, the committee is of the view that the Ag CoP had a duty to treat with matters of discipline.

Certainly it is the commissioner’s duty to ensure that acts labelled ‘malicious obedience’ are recognized and identified as such and that he condemns all such acts in clear and unambiguous terms.” The report concluded, “The committee is disappointed that after almost two years, not a single officer involved in the actions labelled ‘malicious obedience’ on the day of “total policing” has been made to face disciplinary action.” The JSC said this is due to the commissioner’s decision not to proceed as he thought he was stopped in law from any action until the completion of the PCA’s investigation, but queried this.

“The PCA’s remit is to investigate criminal offences involving police officers, police corruption and serious police misconduct, while the Commissioner of Police has legal responsibility for the exercise of disciplinary control over police officers pursuant to Section 123A of the Constitution.

“Discipline of police officers therefore remains within the purview of Commissioner of Police who should exercise urgency when dealing with matters of discipline which arise from investigations into the day of total policing.”