Dear Editor,
I refer to the recent letter of retired Assistant Commissioner of Police Clinton Conway which appeared in your newspaper of Wednesday, June 3, under the caption ‘Do investigators for the Police Complaints Authority have legal authority to investigate disciplinary offences?’
I would suggest that my friend Mr Conway look at Sections 6, 11 (1) & 20 of the Police Complaints Authority Act, Cap 17:02 of the Laws of Guyana as well as the Disciplined Forces Commission Report of 2003; the commission was headed by Chief Justice (acting) Ian Chang. That report adequately dealt with the issue commencing from page 130 of the said report.
Section 6 of The Police Complaints Authority Act provides –
“The Minister shall provide the Authority with a Secretary and such other officers and employees as are required for the proper performance of his functions.”
The investigators attached to the PCA do not conduct any disciplinary hearing. What they do is gather information from all relevant sources after a complaint is made at the PCA, including obtaining a response from the ranks against whom the complaint was lodged.
After all the relevant information is obtained by the investigator, the file is submitted to the Chairman for his perusal.
If the Chairman determines that the rank concerned should face a disciplinary charge, the matter is referred to the Commissioner of Police, for him to cause an investigation to be conducted under the Police Discipline Act by a member of the force against the rank concerned, in the cases of ranks from Constable to Sergeant.
However, in the case of a rank from Inspector to Assistant Commissioner of Police, the matter is referred to Police Service Commission for an investigation to be conducted.
From what I have been saying, the investigators at PCA do not conduct a hearing or investigation under the Police Discipline Act. What they do is to gather information for the Chairman of the Police Complaints Authority after a complaint has been lodged with him.
I may point out that the Disciplined Forces Commission had clearly recommended that the Police Complaints Authority should have its own team of investigators in order to assist the Chairman to properly perform his functions.
As a consequence of the recommendation, the investigators were appointed by former Minister of Home Affairs, Mr Clement Rohee earlier this year.
The Disciplined Forces Commission, after referring to Section 6 of the Police Complaints Authority Act (previously referred to) states:
“It is recommended that these officers and employees should include persons drawn from the pool of retired police officers (particularly from the CID) and others with the requisite skills-related competence.”
Among the recommendations made bv the said Commission were:-
- The Police Complaints Authority (PCA) should be provided with an investigative team consisting of trained Police Investigators who are directly responsible and accountable to the Authority.
- Staffing of the PCA should be completed in accordance with legislation utilizing retired Police Officers and others with requisite skills and competence.
I would suggest that Mr Conway read the Police Complaints Authority Act and the Disciplined Forces Commission report for his own edification.
This will be my only response to Mr Conway as I have clearly explained the legal position of the investigators. I hope that Mr Conway and the general public will accept my explanation. Also, I would suggest that he is free to call me at any time for any explanation.
Mr Conway can rest assured that I, as the Police Complaints Authority Chairman will not be a party to, or condone any breach of the law or the constitution. I rest my case.
Yours faithfully,
C C Kennard
Chairman
Police Complaints Authority
