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INDECOM ruling far-reaching and deserves to be tested in higher court, says Lawyer
2013-08-05 10:46:40 | with audio | (0 Comments)
Jovan Johnson, Gleaner Writer
Leading Jamaican lawyer, Bert Samuels says a court ruling reaffirming the powers of arrest of the Independent Commission of Investigations (INDECOM) should be challenged in a higher court.
The Constitutional Court ruled last Tuesday that INDECOM has the power under common law as well as its governing act, to arrest members of the security forces.
The Constitutional Court also ruled that the powers of the INDECOM Commissioner and his investigators in no way dilute the authority of the Director of Public Prosecutions to continue, takeover or discontinue any prosecution.
Since the ruling, several of the police groups which initiated the court action leading to the ruling have announced that they will take the judgment to the Court of Appeal.
Attorney-at-Law, Bert Samuels, says while the ruling reaffirming INDECOM’s powers is well-reasoned, it deserves to be brought to the highest level because of its far-reaching and fundamental nature.
The five police groups challenging the ruling are the Jamaica Police Federation, the Police Officers’ Association, the Island Special Constabulary Force (ISCF) Association, the ISCF Officers' Association, and the United District Constables Association.
Police Federation chairman Sergeant Raymond Wilson says the police groups believe the decision of the Constitutional Court has serious operational and constitutional implications and must be challenged at the highest level.
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Attorney-at-Law, Bert Samuels.
Source: The Gleaner/Power 106 News
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