Dear Editors,
I refer to a letter from Chairman C C Kennard Chairman of the Police Complaints Authority in Stabroek News of June 6, under the caption ‘Police Complaints Authority investigators do not conduct investigation under the Police (Discipline) Act.’ The Chairman posited: “The investigators attached to the PAC do not conduct any disciplinary hearing.What they do is gather information from all relevant sources after a complaint is made at the PAC, including obtaining a response from the ranks against whom the complaint is lodged.”
I agree that the PAC does not conduct disciplinary hearing. It has no authority to do so. According to the Chairman the investigators gather information from all relevant sources. If interviewing witnesses, interrogating alleged offenders, taking written statements,visiting scenes of alleged breaches, examining and taking possession of suspect documents and other related activities conducted by investigators is not investigating but gathering information, tell me what is investigation? Are we playing with words? Is there a legal meaning of investigation that I do not know about?
The Chairman suggested that I read the Police Complaints Authority Act and the Disciplined Forces Commission report. Fortunately, I am in possession of copies of those documents, compliments of the Chairman of the Police Complaints Authority and a member of the Disciplined Forces Commission. Over the weekend I again perused both documents including the one hundred and sixty- four recommendations and the three hundred and fifteen pages of the Disciplined Forces report. I did not find anything therein to indicate that the PCA has authority to conduct investigations into disciplinary breaches in relation to the Police (Discipline) Act Chapter 17.01. The recommendations contained in the Disciplined Forces report are what they are. Unadulterated recommendations. To give them teeth may require amendments to certain sections of the law including section 5(1) of the Police (Discipline) Act Chapter 17.02, which was the main theme of my letter to the editor. For the sake of emphasis I will repeat it: “Every alleged commission of an offence against discipline under the Act shall be investigated as soon as practicable by a member of the Force not below the rank of sergeant and of a higher rank than the member of the Force who is alleged to have committed the offence.” I saw no amendment to this section.
David Arthur Granger in his right as a member of the Disciplined Forces Commission and as the Leader of the Opposition on several occasions lamented the fact that the majority of the recommendations were not implemented. Now that the electors duly elected him as the President of the Cooperative Republic of Guyana I am certain that those recommendations will be expeditiously implemented.
I have the highest regard for the Chairman of the Police Complaints Authority. While serving as a junior and a very senior officer of the Guyana Police Force I consulted him several times. He was always quick to give me valuable guidance which I appreciated. Unknown to him in some instances he was my mentor. As a mentee I do not have the competence to disagree with him in relation to complex legal issues, but in relation to this simple one under review I can and I now do so.
This will be my only rebuttal and last confabulation on this matter through this medium. I rest my case.
Yours faithfully,
Clinton Conway
Assistant Commissioner of Police (rtd)
