Police to be asked to respond to DPP performance report
By Nivedta Kowlessar
Guyana Chronicle
September 12, 2003

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THE Guyana Police Force will be asked to respond to a DPP report detailing major flaws in the way it works, and submitted at a public inquiry into the country's disciplined services.

Acting Director of Public Prosecutions (DPP), Roxanne George, yesterday told the Disciplined Forces Commission she had no objection to it sending the report to the Police, noting the complaints documented had been registered over time.

Senior Counsel, Charles Ramson, who sits on the Commission, suggested the referral of the report, which he said revealed "endemic" problems with the way Police work.

"This seems to underpin the solution (to one of our major terms of reference)", Ramson told George, remarking that it justifies the need to set up of the Commission maybe "five years ago".

The body, appointed in June last, has been mandated to treat the Police inquiry with priority and to make recommendations on the composition, structure, function and operations of the Force.

Ramson said the Commission will make a formal request to the Police for responses to areas of concern raised in the report, observing that it comes with the "credibility of the DPP."

The 32-page submission, reflecting what George called the "collective thoughts" of the staff of the DPP Chambers, covers a litany of bugbears, among them, delays in preparing files, improper attitude and conduct, inadequate forensic evidence, securing accused and witnesses for trials and lack of training.

The DPP gives the Police legal advice on criminal matters, but the Force's mode of operation "places tremendous burden" on the Chambers and does not put the lawmen in a "good light", George told the Commission.

She called for a mechanism to speedily feed information to the Court, complaining of sometimes more than year-long delays in the submission of files, and a frustrating back-and-forth 'sign off' system that saw 435 minutes being written on one case.

George pointed to inconsistencies in the way the Police operate, noting instances in which files were submitted within a month, depending on the relationship between the DPP with a particular rank. And she said some officers have even challenged the Constitutional right of the Chambers to request files.

"The Chambers has found that its credibility is tarnished when members of the public perceive that it is not attending to their concerns, when in fact, it is awaiting a response from the Force," the DPP submission read.

It said statements to the media that files are at, or have been sent to the Chambers and that the Police have no information and cannot act, are inaccurate. Prosecutors are also guilty of so informing the Courts, the report disclosed.

Going through the submission with the Commission, George complained about the timeliness of writing statements, the accuracy of which come under heavy pressure in Court; improper identification of accused; over-reliance on confessions, the admissibility of which legal minds spend long periods to determine; and detentions, which should be addressed soon in view of the challenge to implement international conventions in the Constitution.

She also discussed the issue association with criminals, noting, "strange goings on seem to be the order of the day," and the DPP gets the impression some officers condone offences in the way they conduct related investigations and write up the reports.

George said many cases suggest this 'association' is not just a public perception and in the recent crime wave, the situation "really did hit home to us more forcefully." She also expressed concern about breaches of confidentiality, posing danger to the DPP staff.

The use of DNA testing and the integrity of evidence also need to be addressed, George said. She urged clear directives on dealing with crime scenes, lamenting the lack of forensic reports in many files on controversial shootings, for example.

The State counsel feels Police SWAT teams can play a role in law enforcement, but under a well-defined policy framework. She noted that their engagement with the public has tended to be confrontational and pointed out that they have to face members of the same public when they appear in Court.

George said the Police have to take the public into their confidence and such cooperation can determine, for instance, the effectiveness of community policing groups.

But overall, she said there seems to be "no sense of policy" in the way the Force operates and urged the decentralising of control, instead of the concentration of administration in Georgetown.

George said the current command structure leaves little room for efficient decision-making and there is need for leadership training to allow the Police to respond more readily to changes.

She recommended officers trained in law research the impact of new legislation to deal with money laundering and terrorism, in keeping with new challenges to society. They can also work on updating fingerprint laws.

George urged the Force to be more "proactive" and to do a needs assessment and draw up a plan that can be shared with the public.

And given misconceptions about how the DPP works, she recommended an opening up to give a better understanding of the system, she said.

George said the department, currently staffed by 13 State Counsel, needs more resources to provide a better, and even specialized service, to meet varied and changing circumstances.

"We want to respond to the modernisation of our country...we have to think along those kinds of terms," she said.

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