INDECOM Commissioner Files Lawsuit Against Police

May 11, 2020 | By Hopeton O’Connor-Dennie |

A multi-million dollar Lawsuit has been filed by law firm Livingston Alexander & Levy (LIVAL) to recover damages as a result of a press release by the Police Federation in which it is alleged that Terrence Williams was “Untruthful and lacking in integrity”.

Background

The relationship between INDECOM and the Police Federation over the past 10 years can best be described as rocky. There has been no love lost between them. The police seem to have resented being oversighted by a legally set up body. Prior to INDECOM’s establishment in 2010 there were continuous complaints about police excesses and abuse. The police behaved as if they were judge, jury and executioners. This all came to an end after the establishment of INDECOM under the able leadership of Terrence Williams, a former Prosecutor and attorney-at-law. It was a game changer. For example the Green Bay Massacre occurred before the setting up of INDECOM. Jamaica was renowned for extrajudicial killings by the security forces. This alleged unchecked brutality occured with apparent impunity.

INDECOM

INDECOM stopped this perception of an uncaring security forces. Their mantra has been respect for life. Police killings dropped significantly and members of the security were being held accountable and some were actually convicted for misuse or abuse of power in a public office.

Short Changed

It is our perspective that the politicians virtually have given this oversight body a basket to carry water. In short the public and INDECOM have been short changed. This was evidenced by the way the act setting up the body was drafted. To have not granted the body powers of arrest is like to have a watchdog without teeth. A loud bark, but no power to bring offenders to Justice by means of arrest.

You will recall that Vision Newspaper has been carrying an ongoing tug and war mainly of words between the parties.

The latest salvo has been as reported by Vision Newspaper is that the London Based Privy Council, Jamaica’s final Appellate Court has dismissed a case brought by INDECOM challenging a ruling by the local Appeal Court on the Powers of Arrest by INDECOM of accused police officers was dismissed. This issue has been a vexed issue for some time.

No Powers Of Arrest

The Court ruled that INDECOM by itself as a body corporate cannot initiate or execute an arrests of accused police officers. They can be arrested by an INDECOM Officer in their private capacity as any other citizen. Any private citizen has the Powers of Arrest by Jamaican law.

DPP

Reacting to the ruling Paula Llewellyn, Jamaica’s first female DPP said inter alia “I was not surprised at the ruling”. We add no more to that comment.

Lawsuit

Lawsuits are filed in many places almost minutely across the world, especially in a place like the United States well known to have a propensity to be litigious. We know also that many of those litigations end up in the trash can, or are settled out of court, withdrawn or are dismissed for varying reasons. We have no reason to know how this case will end. What we can say with some certainty it does not make for the best optics in the world.

Terrence Williams, INDECOM Head

We do not hold any brief for anyone and therefore any comment made should be viewed as us making our position known as a public commentator and should not be seen as an attempt to undermine the judicial process. These two bodies are of public interest to us all. They impact our lives in many ways.

Pedigree

Based on checks made it is difficult not to conclude that this lawsuit is most unfortunate to say the least. It appears to be a personal attack on the character of one of Jamaica’s finest sons who like PM Trudeau and Premier Doug Ford both Canadians are from brand named families and are individuals with pedigree and of the utmost integrity. None of us are above scrutiny nor above the law. Don’t tell our police that.

Parents

Let us look at the vine that has produced the vintage of the Williams boys. Great wines are produced from vintage vines. This appears to be the case when one looks deeply into this family.

Terrence Williams’ late father Everald Williams was a trade Unionist and, JLP politician. He was a former mayor of Spanish Town and Island Supervisor for the Bustamante Industrial Trade Union (BITU). We recall him riding a donkey as a politician as part of his persona when campaigning. He was a colourful character who was highly respected even by his political opponents. Terrence’s mother Consie Williams was a career educator who was of impeccable character and possessing an effervescent personality. She was a humanitarian who impacted positively many lives.

One of Terrence’s other brothers Alexander Williams is a Lawyer and former JLP Senator and currently chair of Jamaica’s Anti-doping Commission. Do we need to say more.

Commissioner Terrence Williams, head of INDECOM is married to a Lawyer who serves as a judge in Jamaica’s courts, and they have two wonderful children.

Commentary

We hope that good sense will prevail and this lawsuit will be settled out of court expeditiously. We can ill afford having the good name of Commissioner Terrence Williams dragged through the mud by the Police Federation et al.