Cases compromised by social media postings

Often we hear the top brass of the Police Service and national security authorities complaining about the low conviction rate and the poor detection rate for serious crimes.

However, for several years there have been many acquittals, both in the high and low courts, based solely on identification.

Those with knowledge of how the criminal justice system operates, as it relates to identification, would agree that once the defence could prove that the identification (parade) process was flawed, then such evidence is no good.

Time and time again we have seen photos and audio-visual recordings of the arrest of suspects — sometimes caught in the act committing crimes — being shared via the World Wide Web and most social media platforms, accompanied with chronological details of the suspects’ past.

Often the images/recordings are released and/or shared by the police officers themselves, oblivious to the fact that the suspects may have to be placed on identification parades. Most recent is the arrest of the two former special forces soldiers held by Highway Patrol officers when the vehicle in which they were travelling was intercepted, searched and several firearms, ammunition and false number plates were allegedly found.

Pictures and audio-visual recordings of the two suspects, who are to face several identification parades, handcuffed and lying on the roadway, along with the vehicle, illegal firearms, and mugshots of them in Defence Force uniforms, were widely circulated hours after their arrest. How on earth could the police secure a conviction if the suspects’ faces were widely and rapidly shared by the police? If the only evidence against an accused is that of him/her being positively pointed out at an identification parade, how could such a process be regarded as fair in accordance with the fundamental principles of natural justice since there’s a grave possibility that the potential victim(s) may have had prior sight and/or knowledge of the suspects’ identities long before? What was also very disturbing was the assault of a suspect by an officer. The officer, who appeared to be dressed in tactical uniform, slams his knee into one of the suspects who was seated, handcuffed, on the ground, all because he refused to look into the camera.

Was this justified? Could the police case be compromised? Are we waiting on an esteemed jurist or the Privy Council to spell it out for us that the integrity of identification parades and the mistreatment of suspects significantly contribute to the acquittal of an accused? Gaspard, it’s high time you and the top brass of the Police Service do what’s necessary to ensure the conviction rate increases and to impress on the political directorate the importance of legislation to prevent the identification of a suspect prior to him/her appearing in court.

KERRON CABRERA Tobago