PCA head blanks JSC

West yesterday refused to attend a sitting of the Joint Select Committee on National Security where he was called to answer questions on the ongoing PCA investigation into last year’s day of ‘total policing’.

The PCA chairman informed members of the committee, in writing, that he could not answer any questions because this could have adverse implications.

“I cannot speak to an ongoing investigation,” West later told Newsday.

“That could jeopardize the investigation.” He further stated, “The committee wanted the PCA to report on the investigation but it is ongoing. I made that known to the committee via a letter. It made no sense for me to appear because it is an ongoing investigation.” At the start of yesterday’s hearing, committee chairman Fitzgerald Hinds alluded to West’s absence.

“The director of the PCA is not here and we are engaged in an exchange of correspondence and we expect that in light of that officeholder’s absence today, he will be with us at some stage in the very near future,” Hinds said.

Later in the proceedings, the chairman also said, “The PCA was supposed to be here today and of course that had to be set for another occasion.” No reason for West’s absence was given. West said he has not been asked to consider whether he would appear before the committee at an in-camera session of the committee. The PCA Director’s refusal to appear before the bipartisan committee came on the day when Acting Commissioner of Police Stephen Williams confirmed that despite a recommendation by Parliament, that the police finish its own probe into the March 23, 2015 ‘total policing’, the police have not complied.

In its first ever report, submitted to the Tenth Parliament in June 2015, the committee stated, “the TTPS should complete its investigation into the roadblock exercises conducted on March 23, 2015 and the findings of the investigation should be forwarded to the Police Complaints Authority (PCA) to complete its own investigation as well as to the Police Service Commission (PSC).” However, Williams yesterday told the committee he did not accede to its recommendation because he was of the view that the matter now fell exclusively under the jurisdiction of the PCA.

“The issue I was confronted with is a matter of jurisdiction,” Williams said. “I had an obligation to pass a copy of the report to the PCA. I have extended full cooperation to the PCA, including making myself available to be interviewed.” Deputies were also interviewed and documents forwarded, he said.

The Acting Police Commissioner cited Section 48 (2) of the PCA Act which states, “the Authority shall have the sole responsibility” for dealing with complaints referred to it by the Commissioner.

“The Trinidad and Tobago Police Service was mandated to do these things,” said committee chairman Fitzgerald Hinds. He said the position of the Acting Commissioner was troubling and strange. Under questioning by Attorney General Faris Al Rawi, Williams said he did not seek legal advice nor did he write the JSC – prior to February – to state this was his position.

Al Rawi asked Williams to submit a detailed statement of his legal position. Hinds also asked for a report as to what steps Williams took to address concerns raised in an initial report by an investigating officer. “We have not moved anywhere forward at all as to what happened on that day,” said committee member Prakash Ramadhar, the St Augustine MP. “The public has not had any sense of finality,” Hinds told Commissioner Williams.

“Even the PCA has not reported to you...This does not lend itself very well for public consumption.” He said Williams’ responsibility did not stop at the PCA’s probe. “As a member of the public, that does not make me feel very comfortable,” said the chairman.

On the day of ‘total policing’, large sections of TT’s major roadworks including highways were clogged with bumper to bumper traffic for dozens of miles because of police roadblock exercises with officers checking such mundane things as vehicle oil and coolant levels.

This led to thousands including children being late for work and school and many thousands more returning home. The exercise was seen as the police’s way of a public protest without breaking laws that bar public officials in sensitive areas such as health and national security from protesting over stalled police salary negotiations