EDITORIAL - Good move Madam DPP
Published: Tuesday | March 3, 2009
The pledge by Ms Paula Llewellyn, the director of public prosecutions (DPP), to have all outstanding files relating to alleged criminal misconduct by police officers clear her department over the next three months is welcome news to us - as it ought to be for the wider society.
By this undertaking, as well as her promise that in the future such files should not be spending more than three months with the DPP, Ms Llewellyn has done two important things: she has established at least one performance criterion against which she can be judged; second, if she succeeds in the first part of her mission, Ms Llewellyn will have gone a long way to rebuilding trust in the police and establishing a sense of confidence among people that they can achieve justice against members of the constabulary.If that happens, there will be another major spin-off: the beginning of a move by the society towards a consensual approach in law enforcement, the absence of which has been a cause of tension between the constabulary and the citizens it is pledged to serve and protect.
Democratic tradition
Indeed, in the liberal democratic tradition, citizens agree, by consensus with the state, to be policed. The failure of such a compact between the citizenry and the state leads, often, to a breakdown of law and order and the emergence of law enforcement that is more paramilitary than civilian in style and effect. Jamaica's police force, efforts at reform notwithstanding, displays many of the characteristics of a paramilitary organisation.
Citizens believe that police officers are, by and large, able to operate with impunity, and are unaccountable for their actions, including the too many complaints of alleged extrajudicial killings.
Even when police officers are brought to account, the process is often slow, which, effectively, is a denial of justice - both to the victim and the accused. Part of the problem, of course, is the sheer number of complaints against the police. For example, the 23 officers in the department of the JCF who investigate police shootings, each carry between 50 and 75 cases. That is both a difficult and untenable situation that can only improve with either a massive increase in personnel or fewer allegations against them. The latter would be better, which is what we hope Ms Llewellyn's efforts will help to achieve.
Criminally liable
Since the start of this year, she has cleared 68 files of complaints against police personnel. Fifty-two police officers were ruled to be criminally liable and recommended to face the courts. But still, there are 270 files with the DPP with more being added almost daily.
It is clear that Ms Llewellyn's task is difficult. But assuming that she achieves her goal, her efforts could be undermined by an ineffective court system, on whose snail's pace Chief Justice Zaila McCalla commented at the weekend.
A related case, for example, involves Police Superintendent Harry Daley, who is charged for alleged graft, but whose case, after several months, is still to be heard. Such delays undermine confidence in the judicial system, feeding the cynics who insist that it is almost impossible, for victims and alleged perpetrators, to achieve justice via the courts.
We can, of course, do better with existing resources if they are better managed. But at the same time, the Government must keep its promise to enhance the capabilities of the justice system.
The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.











