Police investigations into excesses of the force, like unlawful killings, are often unsupervised although the law says they should not be.

This is according to the Chairman of the Police Complaints Authority (PCA), Cecil Kennard, who wants more staff to supervise police investigators, who, he said, produce reports that are generally biased in favour of offending officers.

“[People] feel unhappy about police investigating police; some may try their best, but there is still a public perception [of bias],” Kennard said in testimony yesterday before the Disciplined Forces Commission at the Supreme Court Law Library.

The commission has been set up by the National Assembly to investigate the operations of the disciplined services — the Guyana Police Force, the Guyana Defence Force, the Guyana Prison Service and the Guyana Fire Service.

Justice of Appeal, Ian Chang, chairs the commission, which includes former attorney-general Charles Ramson; former national security adviser Brigadier (rtd) David Granger; attorney Anil Nandlall; and Irish human rights activist Maggie Beirne.

Under Section 14 of the PCA Act it is stipulated that the authority shall supervise the investigation of every complaint or information of the nature relative to unlawful police killings and other specified offences.

But Kennard told the commission that, in actuality, when investigations are ordered all he ever sees are the completed reports upon which he makes a recommendation or asks for a further investigation.

And this is only if the PCA is even consulted. Kennard said there are cases where the PCA is not even consulted after an investigation and the completed report is referred to the Chambers of the Director of Public Prosecution for advice.

He said the reason for this oversight, which he frequently reads of in the newspapers, is the ignorance of policemen who are unfamiliar with what the law requires. Kennard considered that a solution to the problem may be staffing the PCA with a unit to supervise police investigations, which, he said, could be completed more expeditiously.

The commission has received several recommendations that the PCA be staffed with its own independent investigative unit made up of people from outside the force.

But Chang said he had reservations about civilians investigating members of the force and noted that the principle of internal investigations still obtains in the GDF, or the Guyana Bar Association which investigate the conduct of their members. Instead, he considered that the supervisors working with the PCA could be used to fulfil the provisions of Section 14.

It was also suggested that the ground-level investigative work could be done by special police officers identified by the police commissioner and approved by the chairman to work with the PCA. Kennard endorsed the suggestions, which he said could also bolster public confidence in the PCA. Still, Kennard considered that one of the biggest obstacles preventing the PCA from doing its work effectively is the lack of adequate staffing.

The PCA is now staffed by only six persons, although Section 6 of the act says that the Home Affairs Minister shall provide a secretary and such other officers and employees as are required for the proper performance of its functions.

Kennard was asked if, with adequate staffing, the PCA could handle an expansion of the offences under Section 14 to extend beyond physical offences to include corrupt practices. “I am talking corruption in relation to criminal activities, like receiving a bribe. Now if you receive an allegation of police taking a bribe, that would not fall under your supervision,” Chang said to Kennard.

He asked Kennard to consider whether allegations of serious corrupt practices like taking bribes under menace or involvement in the narcotic trade could be included under Section 14. However, Kennard said the PCA had yet to consider this idea.

Meanwhile, Kennard also said that since his appointment he has been trying to sensitise the public about the PCA. He said he has visited areas outside Georgetown like Anna Regina, Charity, Leguan, Corriverton and Bartica, where he has tried to inform and educate the public. He said the PCA has also produced brochures which are available at all regional offices.

He said that criticisms about the PCA’s relative obscurity in the public domain may perhaps be directed against the previous chairman. There were only 44 complaints to the PCA in 2001, 125 in 2002 and 189 for this year. And Kennard said the figures for over the last two years were only written complaints which were received by the PCA. He said he has also dealt with over 300 informal complaints.

The commission will submit an interim report of its findings and recommendations for the Guyana Police Force to the National Assembly by November 18, the three-month deadline from the start of public hearings.