The Police Federation and its legal team say they stand ready to defend their legal arguments when the Independent Commission of Investigations (Indecom), takes the battle over Indecom’s powers to the UK Privy Council.

Yesterday (Dec 20) Indecom was granted leave by the Court of Appeal, to take its case to the Privy Council.

In handing down its ruling, the Court of Appeal said the Indecom had no constitutional right to challenge the court’s ruling made in March about the powers of arrest and prosecution.

It also denied Indecom’s application for a stay of the ruling that the investigative agency does not have the power to arrest, charge, or prosecute members of the Jamaica Constabulary Force.

Indecom has argued that the ruling is hampering its investigations.

A release from the Police Federation’s lawyer today (Dec 21)  states that the Court of Appeal also refused to grant the order that Indecom’s lawyers applied for, which would have allowed Indecom to renew arresting, charging or prosecuting police officers while the litigants, and the public in general, await the Privy Council’s final decision.

It noted that at the hearing of the application for leave, the lawyers representing Indecom admitted that a protocol arrangement is in place between Indecom and the Director of Public Prosecutions (DPP) whereby the office will review investigative files submitted to it by Indecom and will justify in law if there is sufficient evidence to proceed with prosecutions of police officers.