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Bureaucracy and lack of training in the Guyana Police Force (GPF) is impeding the criminal justice system, Director of Public Prosecutions(DPP), Roxanne George said yesterday.
In a report that pulled few punches, delivered to the Disciplined Forces Commission at the Supreme Court Law Library, George said there was a need to decentralise the command and control of the divisions of a force which was paralysed by a system fostering operational inefficiency.
Describing this paralysis, she said the command structure of the force left little scope for decision-making, particularly for junior ranks who had to seek direction from their superiors,
causing delays in the justice system. In one case cited by the DPP it was noted that 435 minutes were recorded on a file sent to the Chambers of the DPP.
These delays, George said, reflected negatively on the Police Force as well as the DPP, which had as a result been the victim of uninformed public criticisms.
George argued that decentralising the force’s command structure would reduce delays and allow for more direct advice on the cases. The present situation allows for investigative deficiencies to be overlooked and charges are wrongly instituted in some cases.
But there were cases, George noted, where there had been a deliberate unwillingness by Police to seek advice on certain cases and ranks actually challenged the authority of the DPP. These she said were instances where there were efforts to conceal deficiencies in policing, or controversial cases, or even where the force was under public pressure. In some of these cases she said the DPP had had to withdraw charges.
Inefficient investigations were also identified as a problem for effective prosecution, and the need for proper training requisite with the evolution of crime was among the DPP’s recommendations.
Policemen fail to record statements and collect proper evidence, commit procedural breaches or submit incomplete reports, which limit the prospect for successful prosecution, or cause delay.
One example is fatal shootings involving policemen. Autopsy reports in some cases are not submitted by the investigating rank when inquests are recommended.
The DPP then has to request the autopsy report which may reveal that the police version is inaccurate and charges in some instances have been advised instead.
The command structure, according to the DPP’s submissions, may also contribute to this inefficiency, specifically where unexplainable decisions are made.
“Many times on questioning investigators on the reason why... the ranks invariably state that they received instructions.”
George said these occurrences had also undermined the training of some police officers who might know better but bend to superiors, some of whom might suffer from a lack of proper training.
This lack of trained officers also limits the scope for investigations, particularly in outlying areas where the numbers of ranks at stations are too low.
Forensic and expert evidence was a related area lamented by George, who said this also affected the prosecution of cases. Fingerprint evidence and DNA and ballistic testing are areas which she said highlighted the limited capability of the Force.
“Why is it that with such widespread possession and trafficking in narcotics and firearms, there are only two narcotic analysts in the Force, two to three ballistics experts, two to three handwriting and fingerprints experts, all centrally located at CID Headquarters...?”
George said there was a need to review the training policy of the GPF, with the training and recruitment of ranks with specialist degrees in the face of the changing nature of crime.
Asked if the Police Force should seek out-of-house resources for functions like the processing of forensic evidence, she said she was against `outsourcing’ because of security concerns. She was however willing to compromise on hybrid operatives, enjoying the status like pathologists who are attached to the GPF. She also held a similar outlook for immigration duties, which some consider to be civilian and should not be done by police.
But she noted that immigration was important for front line security and would require police training. What was also needed but absent, she said, was the advancement of the immigration department which suffers from a lack of technology and proper staffing.
The DPP’s ideas for changes in the Force however do not include the disbanding of SWAT units, which George said were necessary.
But she said there was a need for greater policy framework to guide these units whose mandates were unclear.
“Are they investigators? Are they back-ups to investigators? What should the public expect them to do, to control the crime situation?” she asked, while saying their uncertain status invoked fear and distrust in the public and even among fellow officers. Added to this she said they were also plagued by investigative deficiencies which made it difficult for prosecution.
The DPP has also recommended the strengthening of the Office of Professional Responsibility and the Police Complaints Authority, although George did acknowledge that the public looked at these groups with distrust. She said this was because it was hard to separate them from the police and the perception was that they could not investigate themselves.
She did however see problems in the functioning of these bodies, moreso the PCA which she said was not always consulted to supervise investigations into fatal police shootings, although they should be.
Speaking about Community Policing Groups (CPGs), she told the Commission that while the DPP did not oppose these groups, there were still many questions about how they operated.
Of even more concern George noted that there were a number of case referrals for misconduct by CPG members for firearm violations or drunkenness.
She said there was no evidence to suggest that CPGs resulted in a reduction of serious offences, but rather, “What we see is members of these groups taking the law in their own hands and then we have to turn around and charge them.”
Instead she said community policing should be about ranks and their communities.
Also, while intimating the importance of public perception, George said there was a need for protocol and guidelines to be developed to advise both police and the public of their roles and rights.
The Commission was set up by the National Assembly to review the operations of the disciplined services and primarily the GPF on which it will submit a report of its findings and recommendations.
Justice of Appeal Ian Chang chairs the commission which includes former Attorney General Charles Ramson SC, former National Security Adviser, Brigadier (rtd) David Granger, attorney-at-law, Anil Nandlall and Irish human rights activist, Maggie Beirne.