Prison escapee shootings under the gun
INDECOM questions constitutionality
Published:Friday | February 10, 2023 | 1:39 AM
Commissioner of the Independent Commission of Investigations (INDECOM), Hugh Faulkner, wants lawmakers to review the Corrections Act of 1985 that gives “broad statutory empowerment” for correctional officers to apply deadly force to stop a “fleeing felon”.
Addressing a press conference at the watchdog’s New Kingston headquarters Thursday, Faulkner urged legislators to pay special attention to Section 15 of the 38-year-old law.
Faulkner argued that the provisions in the Corrections Act preceded the 2011 Charter of Fundamental Rights and Freedoms and “may very well be in conflict with that charter”.
The request for lawmakers to review the legislation is contained in INDECOM’s fourth quarterly report that is now before the House of Representatives.
In its report, INDECOM said that the Department of Correctional Services (DCS)was involved in two fatal shootings last year, with both victims being attempted escapees who were unarmed.
Section 15 (1) of the Correctional Act states that “every correctional officer may use weapons against any inmate who he has reasonable grounds to believe is escaping or attempting to escape; but resort shall not be had to the use of any such weapons unless such officer has reasonable grounds to believe that he cannot otherwise prevent the escape”.
Further, Section 15 (6) of the legislation said “the use of firearms under this section shall be, as far as possible, to disable and not to kill”.
On February 10, 2022, a ward at the Metcalfe Street Juvenile Remand Centre was allegedly shot by security personnel at the facility.
Henrique Hemmings, a 17-year-old remandee, died 13 days after the incident.
Faulkner said that INDECOM has been conducting an investigation into the shooting.
According to INDECOM, the initial allegation was that Hemmings and another remandee were attempting to escape.
Hemmings was reportedly attempting to scale the wall at the facility when he received gunshot injuries. Faulkner told The Gleaner that INDECOM did not receive a report from the DCS that any weapon was recovered during the attempted escape.
The INDECOM boss said that his office had made submissions to the forensic laboratory of a ballistic nature. Faulkner said he has not yet received a report on the matter.