Sharing burden of lawsuits
Editorial
Guyana Chronicle
April 2, 2003

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THE Association of Caribbean Police Commissioners would be expected to show keen interest in a proposed move by the Jamaica Government to require cops to share some of the financial burden of the State when they run afoul of the law. Such as injuries, or worse, they cause to citizens in the course of their duty.

However well intentioned the proposed legal initiative may be, as signalled last week by Attorney General A.J. Nicholson, he would know that the Jamaica Constabulary Force may find difficulties in concurring with any policy demanding cops to help meet the costs for successful lawsuits.

Jamaica has often come under strong criticisms from human rights groups for alleged police brutality.

Such charges have also been levelled at police services in other CARICOM states, among them Guyana, Trinidad and Tobago and Barbados, though not with the same trenchant denunciations and frequency.

Deaths and injuries caused in so-called "shoot-outs" between cops and known and/or suspected criminal elements, continue to provoke allegations by angry citizens of wrong doings by the police involved in such incidents.

Use of alleged excessive force has also prompted calls for independent police complaints bodies with powers to investigate and recommend appropriate legal action, through Directors of Public Prosecution, against offending cops.

Confronted with mounting financial claims against the State, resulting from successful litigation, Attorney General Nicholson informed the Senate why he would soon seek bi-partisan support for a measure requiring policemen to pay a portion of the costs for lawsuits from citizens.

The Jamaica Attorney General's case, as he told the Senate last week, is quite telling in relation to the financial burden his government has had to bear over a three-year period:

The government paid in excess of J$154 million (J$51=US$1) over the period 2000--2003 for judgements and settlements agreed to prior to 2000.

Of the 128 cases that reached the Supreme Court during the period, 58 were for assault and/or false imprisonment and/or malicious prosecution.

Attorneys for the Jamaica Constabulary Force may have an entirely different argument why cops should not be held liable to share the costs for lawsuits.

There are also implications for members of the local army who are often called upon to be involved in joint anti-crime patrols.

Nicholson's initiative on lawsuit payments by Jamaican cops would undoubtedly be closely monitored across the region.

(Reprinted from yesterday's `Daily Nation' of Barbados)

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