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NAPARIMA MP Rodney Charles urged that the Police Complaints Authority (PCA) be allowed to directly laid charges to prosecute an errant police officer they have investigated, but Minister of National Security Stuart Young retorted that prosecutions remain to be decided by the Director of Public Prosecutions (DPP) with the Government having no intention to change this.
The House of Representatives on Friday debated a bill to improve PCA powers, the Miscellaneous Provisions (Special Reserve Police and Police Complaints Authority) Bill 2020.
Charles said the bill did not change the fact that the PCA lacks the power to function effectively. He said the Attorney General himself in 2016 in a news story had lamented that the PCA lacked the powers, privileges and immunities to do its job properly, but works with its hands and feet tied and a gag in its mouth.
"PCA director (David) West stated that the most important amendment needed was for the ability of the PCA to arrest and lay charges."
He quoted West saying the DPP's office was often too busy or constrained by staff or finances limitations to promptly respond to files sent by the PCA which itself wanted the power to act.
Charles declared, "Nothing we have before us today solves that fundamental problem of charges being laid and worse yet convictions."
He lamented cases languishing in the DPP's office.
"If the Government cannot improve the situation at the overburdened DPP"s office, then give the PCA powers to at least lay charges, and maybe then we will see results."
Young in reply said Charles was ignoring section 90 of the TT Constitution which had created the DPP, to protect against anyone interfering with prosecutions which can end in incarceration.
"The framers of the Constitution saw it suitable to give that power to the DPP."
"Giving prosecutorial powers to the PCA is not Government's policy." He read out the PCA's powers in section 22 of the PCA Act including powers of a commission of inquiry including the ability to summon individuals to ask for information, and he asked why extra powers might be needed.
"The authority shall also have the power to require any person within a specified time and in writing to provide any information or answer any question which the authority considers necessary in connection with any investigation in which the authority is empowered to conduct under this act. What broader powers, what additional powers does the PCA require?"
Young said if the PCA felt very strong about a case which they had investigated, they could write to the DPP.
"They simply have to write to the DPP and ask for a fiat to prosecute the matter. They have done so on a number of occasions and gone on to prosecute the matter."
The House unanimously pass the bill and then adjourned to next Friday at 1.30 pm when it will debate a Cariforum/UK economic partnership bill.
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