The Independent Commission of Investigations (Indecom) says it is considering mounting an appeal against today’s (Mar 16) ruling by the Court of Appeal.

In a statement this afternoon, Indecom says it accepts, in part, the ruling of the Court of Appeal today.

The judgment confirmed that Indecom’s agents can arrest, charge, initiate prosecutions and conduct prosecutions, under Common Law without the permission of the Director of Public Prosecutions.

The court ruled that Indecom, as an organization or body, is not a legal person and therefore cannot arrest, charge or prosecute, under the act in any statute or at common law.

It says this was not a concern to Indecom as charges are laid by individual investigators employed by Indecom.

However, the Commissioner of Indecom and his investigative staff can arrest, charge and prosecute at Common Law.

They can also exercise the powers of arrest, charge and prosecution without a ruling from the Director of Public Prosecutions (DPP).

The court further ruled that, on a prosecution brought by an Indecom investigator, the investigator can have that prosecution conducted by counsel of his or her choice without needing the permission of the DPP.

The court disagreed that Indecom, under section 20 of the Indecom Act, had the power to arrest, charge and prosecute.

Indecom says this specific ruling will be reviewed further by the commission and a decision made regarding appeal.