Decision to reinstate officers was solely the COP’s, says PM

The decision to reinstate three police officers who had been found guilty of causing bodily harm and then had their appeal rejected by the court was one made solely by the Commissioner of Police and fully independent of any political interference.{{more}}

Prime Minister Dr.Ralph Gonsalves made the comment at a press conference Tuesday, May 3.

“I am respectful of all persons authority under the law,” Gonsalves said.

He explained that the Commissioner of Police, Keith Miller, had informed him orally that he was giving consideration to having the officers remain in the Force.

“They were not outside, they were only suspended,” Gonsalves explained.

He further explained that the decision was Miller’s “judgment call” but that he had advised the COP to get a legal opinion from the Attorney General to see what authority he had to which Gonsalves said Miller said he had already done so.

The Prime Minister added that he also advised the COP to get the views of the senior ranking officers who had previously worked with the three officers and that it may have been well advisable to get the input from other law enforcement authorities who may have interfaced with the three officers before he made a determination of reinstating the men after suspension.

“That is the judgment call of the Commissioner of Police,” Gonsalves contended adding that such a decision was clearly outside the remit of the Minister of National Security.

He added that this was the same position he had taken with the issue of the three teachers.

In fact, according to Gonsalves, the legal position was that unless they were formerly dismissed, they remained police officers throughout.

Under Section 25 of the Police Act, “No member of the Force after acquittal by the court of competent jurisdiction of any crime or offence shall be punished on the same charge”.

The section further states that “No member of the Force who has been convicted of any crime or offence of any court shall be liable to punishment for the same offence under this Act other than by a total loss of pay through imprisonment, reduction (rank), dismissal or loss of good conduct badges and good conduct pay as he may possess.”

Furthermore, the officers in question held the rank of corporal and constable and according to Gonsalves the Police Service Commission does not have authority to address the issue because the matter will only come there if the officers hold the rank of Station Sergeant and above.

“It’s a matter for the Commissioner excercising his discretion as to whether they should come back or be dismissed,” the Prime Minister explained.

Gonsalves explained that he will become involved in the matter only after discussions have taken place between the Attorney General and the victim’s lawyer have agreed on a fair amount to be awarded in the civil compensation suit.

As chairman of the Cabinet, Gonsalves said that he will then have to take the figure that has been settled on for a final decision on compensation and once this is done, then the figure will be recorded and payment made.

He contended that once the Commissioner does the necessary consultations and forms his view, persons may disagree. However, once he excercises his judgment reasonably and there is a reasonable basis on which he has acted, then persons cannot say that he did it wrongly. (DD)