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Questions arise over ability of Police Complaints Inspectorate to perform its function

Police Commissioner Clayton Fernander speaks during a press conference at Police Headquarters yesterday. Photo: Dante Carrer

Police Commissioner Clayton Fernander speaks during a press conference at Police Headquarters yesterday. Photo: Dante Carrer

By TRIBUNE STAFF

newsroom@tribunemedia.net

THE “independent” institution that police Commissioner Clayton Fernander said would supervise the Security and Intelligence Branch’s investigation involving Chief Superintendent Michael Johnson has continually failed to perform its legislative functions, raising questions about whether it can adequately oversee the highest-profile internal police investigation in years.

“There is an independent body. The facts will be there,” Commissioner Fernander said during a press conference on Monday, responding to public weariness about police investigating their own.

However, the United States has repeatedly highlighted in its annual human rights reports the lack of information about that independent body, the Police Complaints Inspectorate, a civilian-led organisation established in 2009 to review the Complaints and Corruption Branch’s actions and investigations and ensure proper functioning.

Asked why people should trust the body to supervise the investigation concerning Mr Johnson when it has been unable to carry out its duties in the past, National Security Minister Wayne Munroe said yesterday: “Who has asked them to carry out their function and has been dissatisfied? The point is persons have not asked in the past.”

Pauline Seymour was the body’s chairperson from June 2023 to June 30, 2024. Retired Chief Inspector Patrick Johnson, Leonard Leadon, Rev John A Rolle and Ruby Saunders were also appointees. It is not clear if their tenure was renewed.

Under its past chairperson, Tanya McCartney, the Inspectorate recommended establishing a secretariat, insisting the body lacks the operational capacity to fulfil its mandate.

Past members said they wanted the government to “ensure that the secretariat is properly resourced” and to “make structural adjustments to promote further transparency, independence and accountability of the Inspectorate”.

In response, Mr Munroe said last year that a Security Forces Inspectorate Bill would be advanced to improve civilian oversight of complaints processes within security forces.

He acknowledged the need for a “more robust investigative” system, adding that the Inspectorate’s current constraints limited its capabilities.

“Under the constraints that we met them operating, they have other jobs,” he said. “It’s not a full-time position. When we came into office, I didn’t meet them with any administrative support in the ministry. They themselves pointed out the limitation of what they could accomplish, although they were working.

“And they have suggested certain reforms to their pro- cess that we’re considering. And so far as they are suggesting that there should perhaps be something more full-time like you have in other jurisdictions like INDECOM in Jamaica.”

Yesterday, Mr Munroe said the government has given the Inspectorate administration support, “but the other resources/ structure issues remain”.

He said the Security Force Inspectorate Bill, a draft of which he hopes to finalise over the House of Assembly’s summer recess, will address investigative resource issues.

On Tuesday, the Organisation for Responsible Governance (ORG) renewed calls for establishing an independent Integrity Commission.

“ORG has long advocated for the establishment of an independent Integrity Commission as a vital and sustainable solution for the Bahamas,” it said. “Such a body, operated independently from the government, would be instrumental in reducing the incidence and perception of corruption, investigating allegations, and holding individuals accountable for their actions.”

The body said help from law enforcement agencies in the United Kingdom and the United States “is a critical step in ensuring impartiality and thoroughness” with the investigation involving Mr Johnson. However, police have yet to define how US and UK agencies will help.


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