The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

TWO prominent defence lawyers rejected National Security Minister Wayne Munroe’s assertion that 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 in police-involved killings.

In April, acting Director of Public Prosecutions Cordell Frazier sent guidance to Police Commissioner Clayton Fernander on the killings of Shanton Forbes, Deangelo Evans, and Dino Bain to Commissioner Fernander, but the commissioner has not disclosed her instructions despite repeated inquiries from The Tribune. Ms Fraizer recently sent the commissioner her recommendation concerning the killing of Azario Major, which was ruled a homicide by manslaughter in the Coroner’s Court.

Because that court does not determine criminal liability, the DPP has traditionally been expected to review the evidence following inquests that result in adverse findings and decide on prosecution.

However, Mr Munroe highlighted Section 34 (5) of the Coroner’s Act, which said the court must forward its findings and any recommendations to the attorney general as soon as practicable after completing the inquest. Section 34A requires the coroner to issue a warrant to bring the person to trial before the Supreme Court if a homicide verdict is returned.

Yesterday, attorney Ramona Farquharson Seymour said after the coroner reaches a finding and completes the necessary forms, including a recommendation, these are sent to the Office of the Attorney General or the DPP. She said a review should then determine the appropriate actions against those found to have acted unjustifiably and caused a person’s death. 

She said it is concerning “to hear the minister, who was a noted attorney before becoming minister, make such a statement, knowing full well that there is a legitimate expectation that the Commissioner of Police and/or the Director of Public Prosecutions should act, and if they decide not to, provide reasons for not taking the matter further or charging these individuals”.

She questioned why decisions are delayed in cases involving police officers when decisions for non-police-related murders are typically made within five days.

“Something is wrong with that,” she said. “It does not sit well, and it certainly shakes the confidence of society in general, not just the next of kin and family members of the deceased, but all of us as a community. 

“There are so many questions, and persons are viewing the police and the commissioner with suspicion. Why is it that you’re failing to be so upstanding and prudent with a certain or select few? Overall, this government promised new governance, transparency, and accountability, but unfortunately, as we go on, it seems things are becoming darker.”

David Cash, meanwhile, said the decision to prosecute rests solely with the DPP after a constitutional amendment in 2017 settled this.

“The difficulty with some prosecutions is that they must proceed according to protections for the defendant, such as the presumption of innocence and the right to remain silent, which do not apply to coroner’s proceedings,” he said. “Some adverse findings may have witnesses who only support the conclusion of a lawful killing, and this is something the DPP must consider.”