PCA Annual Report 2010 / 2011 : simplebooklet.com

Gillian C I Lucky Director s Remarks It has been no easy task getting up and running this powerful giant called the Police Complaints Authority PCA which unfortunately lay sleeping for almost four years At the end of September 2011 the end of the period under review the new PCA the first agency of its kind in this country was only 10 months old We are thankful to all who have assisted and continue to assist in enabling the PCA to operate at an optimum as it tackles its challenging mandate In September I attended a conference hosted by the National Association for Civilian Oversight of Law Enforcement NACOLE in New Orleans United States where presenters and facilitators shared with participants the challenges encountered by bodies charged with the enormous responsibility to investigate monitor and or audit law enforcement agencies namely police departments It was recognized from very early that while some civilian oversight bodies are mandated with a specific function to either investigate monitor audit review or make recommendations with respect to serious misconduct and criminal activity by police officers only a few such as Trinidad and Tobago s PCA have been given by statute a combination that includes all these powers and functions It is assuring to know that in Trinidad and Tobago the powers and functions of the PCA are wide and varied This means that for any matter which falls within the remit of the PCA the Authority has the ability to ensure that the matter is thoroughly and fairly investigated and that at all times justice prevails POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT I

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We all know the statement which has become a clich To whom much is given much is expected It is no different with respect to the operation of the PCA We live in a time when public confidence in the Trinidad and Tobago Police Service TTPS is low despite the valiant efforts of those within the ranks who prove themselves committed to the principles of honesty and truth and capable of protecting and serving with pride Our monitoring must be in real time and purpose driven Our auditing must be comprehensive and scientific in approach Our recommendations must be relevant practical and meaningful Put succinctly the work of the PCA must pass with flying colours the highest standards of scrutiny internal and external The unfortunate reality as with all professions is that there exists bad fruit which if not detected unearthed and removed in a timely manner has the capacity to contaminate the entire crop There are three pivotal R words that are the watchwords of the PCA and guide the conduct of its duties and the exercise of its powers and functions Relevant Rigorous and Resolute It is clear that initiatives have been put in place by and within the TTPS to address this problem and to restore public confidence While this is commendable it is imperative that the PCA fulfils its statutory duty to ensure there is strict compliance by officers to their oaths and codes of conduct The Police Complaints Authority will be The PCA is a highly driven organization which is committed to displaying the highest standards of integrity and performance and while we continue to grow as an Authority and hone our operations we recognize there is no room for error The Police Complaints Authority has as its hallmark Prompt Confidential Action Nothing less will do The PCA is very mindful that it has to be accountable and transparent in its activities There can be no compromise of the rules of natural justice and due process Relevant closely connected or appropriate to the matters within our remit Rigorous thorough and accurate in the fulfilment of its mandate and Resolute our work will be demonstrably purposeful without compromise The true test lies in making these boldly stated objectives a reality In a relatively short timeframe the PCA has established itself as a functioning agency which has claimed its jurisdiction as it plays its vital role in the administration of criminal justice and the overall fight against crime May the Almighty bless all of us Our investigations must be fair and thorough 2 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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Our Purpose and Operations The Police Complaints Authority Act 2006 Chap 15 05 the Act which can be found in its entirety as Appendix II of this report was proclaimed on January 1 2007 and replaced the Police Complaints Authority Act 1993 the former Act which provided for complaints against police officers to be sent by the then Police Complaints Authority to the Trinidad and Tobago Police Service TTPS for investigation The 2006 Act distinctively established the Police Complaints Authority PCA as an independent corporate body mandated among other things to investigate complaints within its remit without the involvement of the police APPOINTMENTS Section 6 1 of the Act provides for the PCA to be comprised of a Director and Deputy Director to be appointed by the President of Trinidad and Tobago on the advice of both the Prime Minister and the Leader of the Opposition By Section 7 of the Act the Director or Deputy Director shall have at least ten 10 years experience as an Attorney at Law On December 29 2010 the Authority s first Director and Deputy Director were appointed for the maximum period of five 5 years Up until the appointment of the Director and Deputy Director the Authority was not duly constituted and there was no legal entity to carry out any functions or exercise any powers under the Act During the period January 1 2007 to December 28 2010 under arrangements made by the Ministry of National Security and then the Ministry of Justice complaints against police officers were forwarded to the Commissioner of Police for investigation by the Trinidad and Tobago Police Service With the Police Complaints Authority duly constituted on December 29 2010 all complaints within its remit have been investigated by the Authority itself during the period under review December 29 2010 to September 30 2011 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 3

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FUNCTIONS The PCA is given extensive functions by virtue of Section 21 i of the Act namely to a investigate criminal offences involving police officers police corruption and serious police misconduct b undertake enquires into or audits of any aspect of police activities for the purpose of ascertaining whether there is police corruption or serious police misconduct or circumstances that may be conducive to both c monitor an investigation conducted by any person or authority in relation to any matter mentioned in paragraph a and to undertake all audits of those investigations d advise the Police Service and other public authorities on ways in which police corruption and serious police conduct may be eliminated e gather evidence that may be admissible in the prosecution of a person who is not a police officer for a criminal offence in relation to the Police Service and to furnish that evidence to the Director of Public Prosecutions or where an authority outside the State is concerned the Attorney General f gather evidence that may be used in the investigation of serious police misconduct and furnish such evidence to the Commissioner of Police or the Police Service Commission for appropriate action g gather evidence that may be used in the prosecution of a police officer involved 4 in a criminal offence and furnish such evidence to the Director of Public Prosecutions or h perform any other functions that may be conferred on it by any other written law With such important functions it is imperative that the PCA is provided with the resources necessary to effectively and efficiently fulfil its statutory mandate INDEPENDENCE By Section 19 of the Act the Authority is not subject to the direction or control of any other person in the performance of its functions POWERS For the purpose of the performance of its functions Section 22 1 of the Act vests the Authority with the powers of a Commission of Enquiry as provided under the Commissions of Enquiry Act No 2 of 1892 Chapter 19 01 By Section 24 of the Act the powers and functions of the Authority are exercisable by a the Director or Deputy Director personally b any person not being a police officer appointed by the Authority to conduct an investigation c any other person acting under and in POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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accordance with the general or specific instructions of either the Director or Deputy Director The Authority may conduct investigations on its own initiative or on the basis of complaints from the public a police officer a public body or authority or an appropriate unit or disciplinary tribunal of the Police Service ANNUAL REPORT Section 20 1 of the Act imposes a statutory obligation on the Authority to submit to the Minister1 an annual report of its activities in the preceding financial year and a copy of the audited statement of accounts for that period for laying in Parliament Not having been duly constituted at the beginning of the financial year on October 1 2010 this report accounts for the activities of the Authority from December 29 2010 when it was legally constituted to the end of the financial year on September 30 2011 This report offers an insight into its operations in a challenging environment of monitoring and conducting investigations of police officers in an independent and rigorous manner AUDITED ACCOUNTS Section 18 2 of the Police Complaints Authority Act states The accounts of the Authority shall be audited annually by the Auditor General or by an auditor authorized by him for such purpose Pursuant to the provisions of the Act the Authority duly requested the audit of its accounts for the period under review However the Authority was advised that the workload of the Auditor General s Department made it difficult to schedule the audit of the financial statements As at the date of this report the Authority awaits the decision of the Auditor General for the authorization of an auditor to carry out the audit Although no audited financial statements are available in accordance with the tenets of good public administration and accountability this Annual Report of the Police Complaints Authority includes a Financial Report on its income and expenditure for the period December 29 2010 to September 30 2011 1 By section 4 of the Act Minister means the Minister to whom responsibility for the Police Complaints Authority is assigned POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 5

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Setting the Stage Moving forward Over the last ten months the PCA has had to embark on an education campaign albeit ad hoc in the first instance in order to explain the powers and functions of the Authority to all its stakeholders especially and including members of the general public and police officers External civilian oversight of the Trinidad and Tobago Police Service TTPS is a new concept for those who are affected by the operation of the Act In this regard the PCA held meetings early in 2011 with the critical stakeholders as outlined in the Act namely the Attorney General the Director of Public Prosecutions the Police Service Commission and the Commissioner of Police The PCA views itself as a highly driven body that is mindful of its statutory remit and obligations These initial meetings were meant to be more than formal introductions because the PCA has a firm responsibility to establish protocols and memoranda of understanding with these offices bodies and institutions in order to ensure lawful fulfilment of its mandate Obviously there is much more work to be done in the area of establishing operational protocols but at the very least there is a clear understanding among the stakeholders that priority should be given to this matter in the very early part of 2012 The PCA has already formed professional networks with foreign offices and institutions with similar mandates of civilian oversight and has received tremendous assistance from them as they have shared their protocols and guidelines which are applicable to Trinidad and Tobago Mention must be made of the significant deliberations of the National Association for Civilian Oversight of Law Enforcement NACOLE which conducts an annual conference and addresses matters of common concern and interest for bodies charged with the responsibility of ensuring independence and fairness in the operation of police activities The PCA is mindful that it is an Authority that must be transparent and accountable in its operations It is not a law unto itself For this reason the Authority has retained the services from time to time of eminent Senior Counsel both at the Criminal and Civil Bar to give advice on certain matters to ensure that the integrity of the PCA is never compromised 6 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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Upon establishment of the PCA a determination had to be made on the issue of dealing with complaints that had been made during the period of the termination of the former Police Complaints Authority and the current PCA According to Section 27 of the Act the PCA shall entertain complaints if made not later than one year from the day on which the person making the complaint first gave notice of the incident The Authority is given the power however to conduct an investigation that is outside of the statutory limitation period if it considers that there are special circumstances which make it proper to do so The PCA has therefore invited members of the public who remain aggrieved about matters that fall within its remit to visit the PCA and make a new complaint if they wish The importance of training cannot be overstated and so in addition to the internal workshops that have been conducted external training has been provided to members of staff in the Legal Investigations and Complaints Departments Now that there is an almost full complement of PCA staff training in 2012 will be more extensive with relevance to the operations of the PCA s functions being the most important criteria Before the establishment of the PCA a comprehensive report was submitted by a Task Force led by the last Chairman of the former Authority in which several areas of concern were raised with respect to the Act Taking that report into account and in light of the actual experiences of the PCA upon invitation by the Minister of Justice recommendations were made for amendments to the Act to provide the Authority with sharper teeth SNAPSHOT OF ACTIVITIES As already explained for the period October 1 2010 to December 28 2010 there was in existence an organization which was not established in accordance with the Act but which operated more in line with the repealed PCA Act of 1993 In this report there is therefore no mention of the activities of that body during the period of its existence as its role and functions were not in accordance with the Act December 29 2010 to March 31 2011 The focus during this period was getting the PCA firmly on its feet to enable the organization to perform its role as a civilian oversight body of the Police Service Considering the statutory powers functions and duties of the PCA it was evident that suitably qualified persons had to be employed to ensure the integrity in all respects of the Authority A Human Resources consultant was hired and the process of recruitment began with the creation of an organization chart relevant and specific to the PCA The Authority then contracted the Government Human Resources Services Limited GHRS to assist in the development of job descriptions for each of the positions identified on the organization chart POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 7

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It was urgent that a fit and proper person be immediately identified to lead the investigative arm of the PCA even as the process for recruitment took its course In January a suitable person was sourced and by February there were two persons working in the Investigations Unit By the end of March there were only three investigators and the under staffing of the department continued to be a major concern As a result suitable persons were hired on short term contracts to ensure that the work of the PCA did not grind to a sudden halt In January 2011 a Legal Department was created starting with one Counsel on staff In February two others joined the Department The workload was tremendous and priority had to be given to the matters that required urgent attention By September 2011 the Department had grown to five 5 persons In January the Authority also met with the Commissioner of Police CoP Dr Dwayne Gibbs and other officers of the TTPS From that meeting it was agreed that the CoP and the Director of the PCA should hold regular meetings to discuss the protocols to be observed as each entity performed its role in accordance with the law These meetings have continued to ensure that there is a clear understanding by the TTPS about the operation of the PCA in general and specific terms As time passed it became clear that many stakeholders and the general public needed to be educated about the new PCA especially the remit of its operations and its general roles functions and powers 8 April 1 2011 to June 30 2011 From early it was agreed that the PCA had to be re located in order to facilitate the increasing number of staff and to ensure that there was no breach of security or confidentiality in the conduct of its affairs The Minister of Justice the Hon Herbert Volney and the then Minister of Public Administration Senator the Hon Rudrawatee Nan Gosine Ramgoolam were instrumental in finding suitable temporary accommodation In late May the Cabinet approved the relocation of some of the operations of the PCA to Level 24 of Tower D at the International Waterfront Centre Port of Spain The focus for this period was ensuring complaints were addressed promptly and matters that were not within the Authority s remit were sent for action to the COP or other relevant body as stipulated in the PCA Act A process of streamlining complaints to facilitate proper record keeping was established However with the increased volume of complaints and the need for easy and ready access to track complaints it was agreed that an appropriate information technology software system needed to be sourced to achieve this objective Requests were made for increased physical resources and financial allocations to cope with the operations of the PCA and favourable adjustments were made in this regard July 1 2011 to September 30 2011 During this period the public profile of the PCA was heightened as it became more involved in undertaking inquiries monitoring and auditing investigations by the police of matters falling within its remit POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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In July there was a shooting incident in Moruga in which three civilians were killed by police officers This incident was a benchmark for the PCA as it called for a clear understanding of the PCA Act by the TTPS and other stakeholders The police officers involved in the Moruga incident were eventually charged and the matter is currently before the Court thus making it inappropriate for further comment on the matter at this stage Unfortunately there are still matters that have to be resolved in the absence of clear and established memoranda of understanding between the respective institutions It remains of great concern that there is a lack of appreciation by some quarters for the statutory powers and functions invested in the PCA and there is still some resistance to the Authority in the execution of its functions Of special note was the attendance by the Director at the National Association for Civilian Oversight of Law Enforcement NACOLE conference in New Orleans in September Subsequent to that an internal workshop with the Legal and Investigations Departments was conducted in which the information and course material obtained during that conference was shared with the staff With the passage of time the activities of the PCA both internally and externally are becoming more structured and in line with international best practices By Section 51 4 of the Act All rights obligations and liabilities of the former Authority immediately before the date of commencement of the Act are from that date deemed to be the rights obligations and liabilities of the Authority In this connection the outstanding audited financial statements of the former Authority for the years ended September 30 2004 September 30 2005 and September 30 2006 were completed during this period and submitted to the Auditor General and to the Minister of Justice on September 27 2011 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 9

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An Organizational Review of the Police Complaints Authority STAFFING Before the establishment of the Police Complaints Authority PCA on December 29 2010 the Ministry of National Security arranged for a department to receive complaints from members of the public This department was staffed by nine 9 persons as follows December 29 2010 marked the establishment of the PCA with the appointment of a Director and a Deputy Director A new organizational structure was developed as provided for under section 16 of the Act which states The Authority shall be provided with adequate staff for the discharge of its functions 1 The Authority shall employ such members of staff as it requires for the performance of its functions on such terms and conditions as are agreed upon by the employee and the Authority POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 11

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The staff complement under the new organizational structure comprises forty four 44 persons as follows Based on the new organizational structure the Position Inventory for the PCA consists of twenty five 25 positions inclusive of the Director and Deputy Director To ensure appropriate staffing for an independent organization the Government Human Resources Services Company Limited GHRS spearheaded the recruitment process for positions on the establishment in respect of the Authority These positions were advertised in May 2011 with the interview process and selection process conducted in collaboration with the Authority During the period December 29 2010 to September 30 2011 fifteen 15 members of staff were recruited in areas assessed as critical to the operations of the Authority namely investigations legal accounts and administration The process for recruitment of non critical staff was also initiated 12 ACCOMMODATION With the increase in its human resources the physical operations of the Authority were stretched beyond capacity and were inadequate to accommodate staff complainants and storage at its location at 46 Park Street Port of Spain In addition the appointments of the Director and Deputy Director generated a significant increase in the number of complaints made on a daily basis As explained earlier in this report temporary accommodation for the Administration and Finance Departments was secured at the International Waterfront Centre Port of Spain POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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The Role of the Legal Counsel and Compliance Unit in the Complaint process The Legal Counsel and Compliance Unit LCCU plays a pivotal role in the complaint process of the Police Complaints Authority PCA The LCCU assists not only with the initial classification and assessment of complaints but also with record keeping and statistical details of these complaints The LCCU provides legal support to Complaints Officers in determining where there is ambiguity and whether a complaint falls within the remit of the PCA The LCCU assists with the entry of the details of a complaint electronically inputting the essential information into a word processing spreadsheet These details include the complaint number complainant s name defaulting officer s and a brief summary of the nature of the complaint The Unit has had to be innovative in fashioning tools to assist with the processing of complaints It has developed two complaints tables one of which is used to identify the physical location of the complaints within the PCA as well as the status of complaints in the investigative process The second table contains the details of each complaint including a summary of the alleged incident This is used as an interim measure to track the movement and progress of investigations as the PCA works to develop a more robust networked registry and case management system STAFFING When the PCA was established on December 29 2010 there was no LCCU in existence Recognizing the need for legal support the PCA immediately obtained the services of one 1 Attorney at Law from January 2011 The complement increased to three 3 by February 2011 and by September 30 2011 the Legal Counsel and Compliance Unit had grown to five 5 persons 14 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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KEY ACHIEVEMENTS A landmark achievement of the LCCU was assisting research for the Draft Amendment Policy for the Act an initiative driven by the Ministry of Justice From this body of research key areas for reform and improvement were identified relative to similar civilian oversight bodies in other countries and the unique characteristics of the Trinidad and Tobago Police Service The LCCU also critically assessed two reports submitted by the Cabinet appointed team known as the Police Complaints Authority Team This team was established prior to the appointments of the Director and Deputy Director specifically for the purpose of reviewing the Act to determine ways to strengthen the powers outlined therein Complaints Process and Procedure Streamlined and More Efficient Another area of focus for the LCCU was creating a new streamlined complaints process and an accompanying complaint form for use by the PCA This complaint form is included in this report and referred to as Appendix I The new complaint form took into account the current remit of the PCA and the new complaint procedure discussed below A complaint may be made to the PCA in various ways When the complaint is made in person the complainant is interviewed by a Complaints Officer who makes an initial assessment of whether this complaint is in fact a matter for the PCA For a complaint to fall within the remit of the PCA it must relate to an allegation of a criminal offence involving the police police corruption or serious police misconduct Once the complaint is within the PCA s remit the Complaints Officer requests the next available Complaint Number and issues it to the complainant The personal details of the complainant are included on the Complaint Form and then a summary of the complaint is recorded The complainant is given a receipt with the Complaint Number Where a complaint is made by mail it comes through the PCA Registry The Clerical Officer in the Registry places it with all other complaints received by the Complaints Officers for the day and then submits them to the Team Leader in the LCCU The Team Leader reviews the complaints with the Legal Counsel to determine which matters fall within the remit of the PCA and should be investigated which matters should be referred to the Commissioner of Police for action and which matters should not be pursued These recommendations are prepared in tabular format and submitted to the Director Deputy Director for review and endorsement The Director makes the final determination as to the action to be taken on the complaint POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 15

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WALK IN BY MAIL The Complaint Process Complaints Officer 1 Takes written record of complaint from the complainant 2 Prepares daily reports on complainants seen and complaints taken for the day Registry 1 Receives complaints via post email fax 2 Keeps record of the number of complaints by assigning a unique number to each complaint LCCU Upon receipt of endorsed complaint LCCU informs complainant by way of letter of the way forward regarding complaint LCCU Makes recommendations based on the findings of the Investigator s reports DIRECTOR DEPUTY DIRECTOR Reviews recommendations made by LCCU and approves where necessary 16 LEGAL Counsel And Compliance Unit LCCU Review and Assessment of Complaints with respect to remit of the PCA DIRECTOR DEPUTY DIRECTOR Reviews complaint and initial assessment by LCCU and endorses file as either within or outside remit of PCA with instructions INVESTIGATIONS 1 Where within remit Investigator conducts investigation into the allegations made 2 Completes report based on same and submits to LCCU COMPLAINANT 1 Complainant is informed of findings and of action taken or to be taken 2 Defaulting officer is informed of reason for action taken or being taken against him POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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Complaints Investigations A Statistical Review The Police Complaints Authority Act 2006 the Act provides among other things for the Police Complaints Authority PCA to conduct an investigation complaints and managed an average of 49 complaints per month 1 On its own initiative or THE AGE OF COMPLAINANTS 2 On the basis of a complaint made by Analysis of the age of complainants provides crucial data for the investigative process For example data is used to determine whether there is a particular age group or groups in society encountering more issues regarding the conduct of police officers than others This data is vital in determining if certain age groups are the targets of deviant officers a b c d a member of the public a police officer a public body or authority or the appropriate unit or the disciplinary tribunal of the Trinidad and Tobago Police Service SUBJECT MATTER OF INVESTIGATIONS A Complaints may include a Police corruption b Serious police misconduct c The commission of a criminal offence by a police officer or d The commission of a criminal offence by any other person but involving a police officer B Inquiries may be initiated by the PCA in accordance with Section 26 of the Act For the period December 29 2010 to September 30 2011 the PCA received 439 The figures contained in this report do not reflect the age of all complainants as several persons omitted their age when registering their complaints A total of 183 complainants provided information about their age As the PCA evolves and revisits its data collection procedures it will expand its capability to provide a more comprehensive collection of personal details The age of complainants for the period December 2010 to September 2011 varied from 18 to 74 years The largest number of complaints made to the Authority came from the 21 to 30 year age group Only four 4 complaints came from the 1 to 20 year age group The volume of complaints from persons 50 years and over represented 21 of the complainants whose ages were known POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 17

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Table 1 AGE RANGES OF COMPLAINANTS Bar Chart 1 2010 11 AGE COMPARISON OF COMPLAINANTS The Gender of Complainants Of the 439 complaints assessed during the period December 2010 to September 2011 the majority of the complainants approximately 70 were male It is important to note that the total number of men and women depicted in Table 2 is greater than the number of complaints actually lodged The reason for this is that several complaints had multiple persons making the same allegation on the actions of an officer or officers There were also six 6 complaints sent anonymously to the PCA by concerned citizens This is also depicted in Table 2 and Pie Chart 1 18 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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Table 2 COMPLAINANTS BY GENDER Pie Chart 1 2010 11 AGE COMPARISON OF COMPLAINANTS Receipt of Complaints As we indicated complaints can be made to the PCA in person via walk ins through the mail email and even through the actions of the PCA which has the right under the PCA Act to initiate investigations into the conduct of police officers Of the total number of complaints assessed during the period under review 252 were made in person to the PCA 184 came in via mail and three 3 were PCA initiated Table 3 RECEIPT OF COMPLAINTS 252 Mail 184 3 TOTAL 439 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 19

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Pie Chart 2 MODE OF COMPLAINT Assessing Complaints Complaints relating to the conduct of police officers which do not fall within the remit of the PCA are forwarded to the Commissioner of Police COP for action There have been instances where complaints which fell within the PCA s remit were withdrawn on the grounds that the complainants no longer wished to pursue the matter These complaints are classed as withdrawn but form part of the PCA s record of complaints For the period December 2010 to September 2011 255 complaints were deemed to be within the remit of the PCA accounting for over 50 of the total complaints assessed A total of 159 complaints were forwarded to the CoP while 23 complaints were deemed non actionable Two 2 complaints were withdrawn by the complainants Table 4 ASSESSMENT OF COMPLAINTS 255 159 Non TOTAL 20 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 23 2 439

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Action of Complaint Bar Chart 2 Investigations File Once the case files have been assessed and the Director or Deputy Director determines that these cases fall within the remit of the PCA the case files are handed over to the Investigations Unit for assignment and appropriate action Heads of Complaints Under the Act criminal offences involving police officers police corruption and allegations of serious police misconduct fall within the remit of the Authority These headings can be sub divided into more specific categories of complaints which illustrate the different types of complaints that are made to the Authority The headings for complaints during the December 2010 to September 2011 period range from the use of obscene language to fatal police shootings It is important to note that within each individual complaint lodged there may be several and separate headings For example a person may allege assault by beating and also complain about improper attitude language arising out of the same incident During the period specific to this report a total of 255 complaints were deemed to be within the remit of the PCA For these 255 overall complaints a total of 348 sub heads were registered The most common types of complaint accepted for investigation by the Authority were n n n n Assault Assault occasioning actual bodily harm Wrongful Arrest Police Larceny Police Shootings fatal and non fatal POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 21

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Complaints on Divisions Of the 255 complaints assessed under the remit of the PCA during the period under review 196 investigations were launched by September 2011 These investigations are spread over nine 9 Police Divisions throughout Trinidad and Tobago The largest volume of the investigations covered the Northern Division accounting for more than 25 of the complaints received The least number of investigations occurred in the Tobago Division with nine 9 complaints Table 6 COMPLAINTS BY DIVISIONS DIVISION 41 27 28 22 18 East 18 16 Tobago 17 9 TOTAL 196 Bar Chart 4 24 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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Status of Investigations During the period under review a total of 255 complaints were determined to be within remit and were sent to the Investigations Unit of the PCA Of these complaints 61 have been completed 81 complaints are currently being investigated Eight 8 of the complaints are the subject of Police investigations which are being closely monitored by the Authority A total of 28 complaints are now matters before the Court These complaints have to be assigned as Section 37 of the Act prevents the commencement or continuing of any investigation while the subject matter is before the Court Within the final week of September 2011 some 77 complaints were deemed to be within the remit of the PCA and will soon be assigned Table 8 STATUS OF INVESTIGATIONS WITHIN PCA S REMIT Status Bar Chart 6 assigned Number of Complaints 26 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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The Investigations Team In May 2011 a team of six 6 investigators started the formal process of investigating complaints made by members of the public under the Act This team was headed by a consultant Head of Investigations The Investigative Process On receipt of a complaint for investigation the Head of Investigations electronically tags the complaint attaches an Action Form and assigns it The Head of Investigations monitors the progress of each investigation through weekly briefings and de briefings tasking and coordinating as well as the performance of the investigators and reports to the Director These reports are conducted in a weekly Director s Briefing During the year the Investigations Unit completed and produced reports on 61 investigations On the completion of an investigation a file is prepared containing the Investigator s Report which is then sent to the Authority for determination POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 27

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FINANCIAL REPORT The former Authority established under the Police Complaints Authority Act 1993 established a bank account at the First Citizens Bank Limited This account was dormant since the repeal of the Police Complaints Authority Act 1993 on January 1 2007 The Authority reactivated the account on February 8 2011 with the deposit of a subvention of Two hundred and fifty four thousand five hundred and twentysix dollars and eighty nine cents 254 526 89 The opening balance on the FCB account as at December 29 2010 when the Authority was duly constituted was Two thousand seven hundred and forty three dollars and fifty six cents 2 743 56 It should be noted that active banking could not be maintained without a duly constituted Authority The PCA was allocated an initial budget in the amount of Three million sixty eight thousand four hundred 3 068 400 00 dollars for the financial year 2010 2011 Following correspondence and meeting with the Ministry of Finance this budgetary allocation was increased to Ten million one hundred fifty thousand four hundred 10 150 400 00 dollars and released to the Authority to facilitate recurrent expenditure for the fiscal year 2010 2011 Table 1 below represents the actual unaudited expenditure incurred during that year Table 1 28 POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT

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LOOKING AHEAD After a challenging ten month period as a duly constituted entity it is imperative for the Police Complaints Authority PCA to remain committed to the fulfilment of its mandate The clear Vision is for the PCA to be a rigorous and resolute organization that is relevant in the landscape of civilian oversight of law enforcement The steadfast Mission is for the PCA to operate within sound internal and external frameworks ensuring transparency independence and accountability As a newly constituted entity the PCA encountered several challenges in discharging its responsibilities during this period of our operations The crux of the problem was the lack of a clear understanding and appreciation of the Authority s remit by stakeholders To address this issue the PCA will embark on a comprehensive and widespread education campaign over the coming year explaining to all stakeholders the role function and powers of the Authority Such an intense drive will undoubtedly increase awareness and understanding of the purpose of the PCA and hopefully encourage all parties to have the trust and confidence that there will be a fair determination of all matters The PCA has already begun formulating and drafting guidelines and policies that will set the benchmarks for its performance in the years ahead The PCA will continue to review its operations in order to establish its indelible imprint as an institution capable of withstanding the highest barometers of national and international scrutiny I take this opportunity to thank the Deputy Director and all members of Staff for their sterling contribution to the effective and efficient operation of the PCA over the past ten month period and look forward to building on this achievement during the next year POLICE COMPLAINTS AUTHORITY FIRST ANNUAL REPORT 31

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2 Chap 5 31 amended No 12 Miscellaneous Provisions Ministry of Justice 2011 2 The Criminal Injuries Compensation Act is amended in section 3 by deleting the definition of Minister and substituting the following definition Minister means the Minister to whom responsibility for the Criminal Injuries Compensation Board is assigned and Ministry has the corresponding meaning Chap 5 33 amended 3 The Justice Protection Act is amended in section 3 by deleting the definition of Minister and substituting the following definition Minister means the Minister to whom responsibility for the Justice Protection Programme is assigned Chap 5 34 amended 4 The Deoxyribonucleic Acid DNA Act is amended in section 4 by deleting the definition of Minister and substituting the following definition Minister means the Minister to whom responsibility for DNA services under this Act is assigned Chap 13 06 amended 5 The Community Service Orders Act is amended in section 2 by deleting the definition of Minister and substituting the following definition Minister means the Minister to whom responsibility for administering community service under this Act is assigned Chap 15 05 amended 6 The Police Complaints Authority Act is amended in section 4 by deleting the definition of Minister and substituting the following definition Minister means the Minister to whom responsibility for the Police Complaints Authority is assigned

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