The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

NATIONAL Security Minister Wayne Munroe claimed neither the director of public prosecutions (DPP) nor the commissioner of police has a role in deciding the fate of officers who get adverse findings following police-involved killings.

“The Coroner’s Act speaks quite clearly as to what is to happens in the Coroner’s Court and the Commissioner of Police isn’t involved in the process at all, nor is the DPP, so I am not quite sure what is happening,” Mr Munroe said yesterday.

“It is not within my ministry because that is the judicatory but the Coroner’s Act is quite clear. I think it’s around about 46 or 56, what is to happen on verdicts from the Coroner’s jury. It is a matter that is quite clear so I don’t understand why people are looking at the Commissioner of Police when he isn’t mentioned in the Coroner’s Act at all.”

His comments follow concerns from the father of Azario Major, who fears that the public might never learn whether the DPP has recommended prosecuting the officers involved in his son’s death due to the commissioner’s continued silence on such matters.

The Tribune has learned that the DPP’s office sent a recommendation to Police Commissioner Clayton Fernander last month, over a year after the Coroner’s Court ruled Azario Major’s death a homicide by manslaughter. While the Coroner’s Court does not determine criminal liability, the DPP reviews the evidence and decides on prosecution. Traditionally, the police follow the DPP’s guidance.

Azario Major’s case is the latest instance where there is uncertainty following adverse inquest findings. In April, acting DPP Cordell Fraizer sent her guidance regarding the deaths of Shanton Forbes, Deangelo Evans, and Dino Bain to Commissioner Fernander, but the commissioner did not reveal her instructions despite repeated inquiries from The Tribune.

In July, Commissioner Fernander provided a confusing response regarding his failure to act on or disclose the DPP’s recommendations.

“I’m not protecting any officers. My legal department is reviewing these matters, and based on their information, the cases will be forwarded to the Coroner’s Court. My legal team is handling this as we speak,” he said.

According to Section 34 (5) of the Coroner’s Act 2011, the court must forward its findings and any recommendations to the attorney-general as soon as practicable after completing the inquest.

According to Section 34A, when a verdict or homicide finding is returned, the coroner must make a warrant to bring the person to trial before the Supreme Court. After this, the person must be taken to prison.