Trial delays, acquittals annoy Chang
Published:Monday | July 12, 2021 | 12:09 AMDavid Salmon/Gleaner Writer
National Security Minister Dr Horace Chang has lamented the pace of investigations and prosecutions of alleged criminals, suggesting that institutional hurdles inside and outside the police force are to blame for trial delays and acquittals.
Chang championed the passage of robust laws like the proposed Emergency Security Measures Act (ESMA), which is still being tweaked by the Holness administration, as key to overcoming the legislative and prosecutorial woes of the State.
Speaking at a Rotary Club of Downtown Kingston installation ceremony hosted on Saturday, Chang also emphasised that the Jamaica Constabulary Force ought not divest the formulation and enforcement of minimum guaranteed standards to external oversight bodies.
That assertion appears to be referencing the Independent Commission of Investigations, the police watchdog that has often had a tumultuous relationship with the constabulary.
Complaints against the police have soared, INDECOM has disclosed, with reports climbing 48 per cent from 625 in 2019 to 930 in 2020.
“Much of what has happened with the weakness with the police force is that every time we look at a problem, we set up an organisation to oversee the force.
“This is a body of professionals ... . If the professional body does not establish the standards by which they operate by, no oversight body can correct it,” Chang said.
The police have historically had low levels of public confidence compared to its national-security partner, the Jamaica Defence Force, with corruption and slow reform among the main problems dogging law enforcers.
Chang seemed to be frustrated with the time lag of investigations and the inability of the police to present iron-clad evidence and cases for prosecutors.
Despite efforts from the judiciary to expedite cases and to ease court backlog, accused persons sometimes spend a decade in custody before facing trial.
“We know the criminals but ... we cannot take them all to court because it takes time to accumulate all the evidence. They have resources, they employ good lawyers and they make the police look like fools unless you do the correct work,” Chang said during his address.
“When the police need to go to court, they have to take months, sometimes years, to find the evidence, find the witness and protect him, and then get them to court to try them and lock them up.”
EXTREME VIOLENCE, EXTREME MEASURES
Chang, who is also the deputy prime minister, said that “extreme violence” demanded “extremely strong measures”, revealing that the ESMA was projected to be ready for tabling later this year.
The Government has two major pieces of legislation at its fingertips: one governing states of emergency, and the other, zones of special operations.
States of emergency have not been reimposed since they lapsed on the eve of the September 2020 general election, and their use has been further compromised by a court ruling dooming certain detentions as unconstitutional.
The Government has, however, said that it that it has retained the right to have states of emergency declared if security officials make the request.
It is not clear what latitude the ESMA might give the Holness administration that it does not currently have under states of emergency and zones of special operations.
Chang also revealed that the planned construction of a new police headquarters in No Man’s Land, Kingston, will go ahead despite funding delays caused by the COVID-19 pandemic.
Construction will begin as soon as the funds are available as lands have already been acquired.