There appears to be some confusion about the Court of Appeal ruling today (Mar 16) regarding the independent commission of investigations.

The police are celebrating the court’s ruling that Indecom cannot arrest and prosecute cops.

But based on statements in other media outlets by Commissioner Terrence Williams, the ruling only applies to Indecom, as a body, not its investigators.

Attempts to contact Commissioner Williams and Deputy Commissioner Hamish Campbell to get clarification on the matter were futile.

The Court of Appeal has ruled that the Independent Commission of Investigations (Indecom) headed by attorney-at-law Terrence Williams does not have powers to arrest and prosecute members of the Jamaica Constabulary Force.

The ruling means that the Office of the Director of Public Prosecutions (DPP) has the sole power to prosecute cases.

The Police Federation had mounted a challenge to Indecom’s powers, arguing that Indecom had been usurping the powers of the DPP and had been bringing charges against several members of the JCF.

The Federation had first challenged the powers of Indecom in the Supreme Court in 2011 but in 2014 the Constitutional Court threw out the claim.

The Federation then brought the matter to the Court of Appeal which heard it and reserved its decision in 2016.

The ruling was handed down today, in favour of the police.

In its majority decision, the Court of Appeal ruled that based on section 20 of the Indecom Act, Commissioner Williams and his investigators only have the power to investigate and make recommendations.

However, the majority ruling also indicates that under Common Law, the Commissioner of Indecom, and his investigators, can arrest, charge and prosecute cops.

Commentators in the legal fraternity have opined, that this ruling means that the Indecom Act has no teeth, but as the powers are allowed under Common Law, Indecom’s investigators are justified in their duties, which means the Appeal Court’s ruling has no impact either on past cases involving cops and Indecom, or on those currently before the court.