Man dies awaiting sentencing in lockup
INDECOM warns against placing sick detainees in police custody
Published:Wednesday | October 25, 2023 | 12:07 AMEdmond Campbell/Senior Parliamentary Reporter
A man whose initials have been given as B.T. by the Independent Commission of Investigations (INDECOM) died of “illness” while in police custody as his case languished in court for 1,460 days – or four years.
The oversight body prepared a case study on B.T. and argued that the level of duty of care that the police are required to provide to ill persons in their custody is difficult for cops to carry out.
The commission argues that it would place an undue burden on the police to provide that duty of care to ill persons in their custody.
B.T., who was charged and later convicted of conspiracy to defraud, spent the longest time of the 14 detainees who died in police lockups for the period 2021 to 2022.
In its second quarterly report, which was tabled in Parliament on Tuesday, INDECOM said the precise custody records for B.T. were “unobtainable”, a set of circumstances that the oversight body said was difficult to comprehend.
“This prisoner had, in fact, pleaded guilty to his charges on 4th June 2021, but three court dates for sentencing (July, October and November 2021) were each adjourned, and the fourth, listed for 11th February 2022, never occurred as the prisoner died on 1st February 2022,” INDECOM stated.
According to INDECOM, B.T. had begun to present with health issues in December 2020, and had been treated as an outpatient, from the police lockup, in December 2020 and February 2021. He was subsequently placed on medication throughout 2021.
However, his health deteriorated and he became an inpatient at Kingston Public Hospital for 10 days in January 2022, but was discharged back to the police lockup “despite clearly being very ill”.
The oversight body reported that 10 days later, B.T. was again taken to hospital, having been found unresponsive in the cell. The prisoner died at hospital the following day.
The commission said that in this particular case, the convicted prisoner should have been detained within the Department of Correctional Services, which may have been better able to meet his needs.
“The JCF (Jamaica Constabulary Force) are unable to prevent the ‘return’ of such sick prisoners from hospital, where they are discharged without recourse to debate. The police lockup cannot be a substitute for a hospital or other medical institution,” said INDECOM.
An analysis of the 14 deaths in custody for the 2021-2022 period showed that they were all adult males, INDECOM said. It noted that only one female has died in custody since 2014.
INDECOM said that 10 of the 14 deaths in custody for the period were attributed to illness, three were identified as suicides, and there was one case of murder caused by another detainee.