PCA Annual Report 2014 / 2015 : simplebooklet.com

THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 7The Police Complaints Authority Act 2006 (“the Act”), proclaimed on January 1, 2007, repealed the Police Complaints Authority Act, 1993 (“the former Act”), which provided for complaints against police ofcers to be sent by the (then) Police Complaints Authority to the Trinidad and Tobago Police Service, (TTPS) for investigation.The Act of 2006 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.APPOINTMENTSSection 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 joint advice of 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 rst Director and Deputy Director were appointed for the maximum period of ve (5) years.During the period under review, the Authority’s second Director, (Mr. David West) was appointed by His Excellency Anthony Thomas Aquinas Carmona, O.R.T.T., S.C. on November 7, 2014. A Release from the Ofce of the President stated, inter alia:-“…President Carmona commented on the fact that he had sought consensus from the Prime Minister and the Leader of the Opposition on a suitable candidate to take up the mantle of the Authority and they both agreed that Mr. West was that person. Having received that endorsement, the President was also of the opinion the Mr. West was indeed the ideal candidate for the position”FUNCTIONSThe PCA is given extensive functions by virtue of Section 21(1) of the Act, namely:-(a) To investigate criminal offences involving police ofcers, police corruption and serious police misconduct;(b) To 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) To monitor an investigation conducted by any person or authority in relation to any matter mentioned in paragraph (a) and to undertake audits of those investigations;(d) To advise the Police Service and other public authorities on ways in which police corruption and serious police conduct may be eliminated;(e) To gather evidence that may be admissible in the prosecution of a person who is not a police ofcer for a criminal offence in relation OUR PURPOSE AND OUR OPERATIONS

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8 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT 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) To 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) To gather evidence that can be used in the prosecution of a police ofcer involved in a criminal offence and furnish such evidence to the Director of Public Prosecutions; or (h) To perform any other functions that may be conferred on it by any other written law.INDEPENDENCEBy 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 or the exercise of its power.POWERSFor 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 for under the Commissions of Enquiry Act. 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 ofcer appointed by the Authority to conduct an investigation; or(c) any other person acting under and in accordance with the general or special instructions of either the Director or Deputy Director.The Act also provides for the Authority to conduct investigations on its own initiative or on the basis of complaints from the public, a police ofcer, a public body or authority or an appropriate unit or disciplinary tribunal of the Police Service.ANNUAL REPORTSection 20 (1) of the Act imposes a statutory obligation on the Authority to submit to the Minister an annual report of its activities in the preceding nancial year and a copy of the audited statement of accounts for that period for laying in Parliament. The Trinidad and Tobago Gazette (Extraordinary) Vol. 54 No. 97 published on Wednesday September 23, 2015, provides that the Minister to whom responsibility for the Police Complaints Authority is assigned is the Attorney General.This Report features the activities of the Authority for the period October 1, 2014 - September, 2015.AUDITED ACCOUNTSFinancial Statements 2014 - 2015Section 18(2) of the Police Complaints Authority Act requires that the accounts of the Authority be audited annually by the Auditor General or by an auditor authorised by him for such purpose.

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The Financial Statements of the Authority for the nancial year ended 30 September 2015 were forwarded to the Auditor General for audit in compliance with the Act.A Financial Report on the income and expenditure of the PCA for the period October 01, 2014 to September 30, 2015 is to be found on page 11 of this Annual Report.Audited Financial Statements2010 – 2011, 2011 – 2012 & 2012 – 2013In the PCA’s Annual Reports for the periods 2010 – 2011, 2011 – 2012 and 2012 – 2013 which were laid in Parliament reference is made to the forwarding to the Auditor General of the Financial Statements of the PCA for auditing for the said periods in accordance with the PCA Act. The said statements have been audited and, during the period under review, were laid in Parliament as follows:-• The House of Representatives on May 15, 2015• The Senate on May 19, 2015These audited nancial statements can be found in Appendices “A”, “B” and “C” of this Report.THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 9

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14 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT RECRUITMENT AND SELECTIONThe HR Department coordinated the recruitment of eight (8) new employees to ensure adequate stafng throughout the organization. The positions lled included Investigations Ofcers, Legal Counsel II, Legal Counsel I, Communications Coordinator, Registry Assistant, Administrative Assistant and Data Entry Clerk.The PCA strives to develop talent from within and retain its in-house technical expertise. As such, three (3) employees were promoted within the core departments of Investigations and Legal Counsel, Compliance and Complaints during the period under review.The PCA also engaged individuals in a technical, advisory or consultative capacity during this period to access certain expertise required by the organization to meet specic objectives. These individuals worked alongside the PCA’s staff to facilitate the transfer of specialist skills and knowledge. TRAINING AND DEVELOPMENT The PCA encourages an environment of continuous development and empowerment thereby enabling the Authority and members of staff to contribute their skills and talents towards sustaining high performance. IT DEPARTMENTIn October 2014 the IT Department received equipment training from a technical representative from the Royal Canadian Mounted Police on the proper use, maintenance and operation of audio visual equipment installed at the PCA. Following this, the IT department held internal training with staff members and the Authority on the functions of the equipment and how it can be used effectively.COMMUNICATIONS DEPARTMENTIn October 2014, the PCA’s Communications Coordinator and Public Engagement Communications Specialist attended a conference on brand management. The conference entitled “Brand Innovation Conference ‘Branding the New Normal’” conducted by the Arthur Lok Jack Graduate School of Business focused on the importance of brands as personications of organizations, products, services and experiences and the source of relationships. The Communications Department benetted from exposure to brand strategy and building, brand execution, corporate culture as well as the use of social media in branding and implemented several key takeaways from the Conference into its strategies including:- • Brand building begins with awareness;• The corporate culture must reinforce the PCA’s essence, promise and personality;• A brand such as the PCA must stand for something;• Questioning the PCA through avenues such as social media in the public domain is the ‘new norm’; and• Think like the stakeholder..

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 15LEGAL COUNSEL, COMPLIANCE AND COMPLAINTS UNIT (LCCCU)• A four (4) day workshop entitled “Advance Alternative Dispute Resolution” hosted by the Stitt Feld Handy Group. This workshop was attended by the three members of the LCCCU who previously participated in the basic course in the nancial year 2013-2014. The workshop began where the last course ended. The participants were involved in more difcult role plays which explored many challenging issues that may arise in mediation or dispute resolution. The workshop helped to develop the practical skills and techniques of the participants.• Workshop on sexual harassment in the workplace and sextortion This workshop was hosted by the Trinidad and Tobago Association of Women Judges in January 2015. The rst session of the workshop focused on “Combating Sexual Harassment in the Workplace” and was followed by two sessions ‘Sextortion” and “Interactive Sessions on Sexual Harassment in the Workplace and Sextortion”. • Technical report writing and presentation skills A complaints ofcer participated in this three day workshop conducted by the Arthur Lok Jack Graduate School. The workshop reinforced what Complaints Ofcers do on a daily basis since report writing is one of the complaints ofcers’ ofcial functions at the PCA. This training helped to improve work effectiveness and the competence and condence of complaints ofcers.• Public Procurement Policy and Practice In April 2015 a Legal Counsel II was part of a PCA team which participated in a workshop entitled “Public Procurement, Policy and Practice” and facilitated by the Institute of Chartered Accountants of Trinidad and Tobago. The workshop assisted with a better understanding of procurement legislation. • A two (2) day workshop entitled “Developing Your Emotional Intelligence” hosted by the Arthur Lok Jack Graduate School of Business This workshop was attended by two members of the LCCCU who developed a greater understanding and deeper appreciation of managing emotions to create a collaborative and cooperative work environment. The workshop provided insight into promoting self-actualization, self-awareness and self-control, dealing constructively with resistance and disruptive team behaviour and identifying and recognizing communication strengths and weaknesses. The workshop also focused on the importance of social competency and the skills needed to effectively establish rapport in professional and personal relationships. • The Qualication for Customer Service Managers The Qualication for Customer Service Managers is an online learning programme coordinated by the Arthur Lok Jack Graduate School of Business. The learning content of the programme is based on the United Kingdom’s National Occupational Standards for customer service. A Complaints Ofcer participated in this programme which allowed her to develop her understanding of the basic concepts and language of customer service, recognise appropriate communication methods for specic customer service

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16 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT situations and the importance of systems and processes for delivering excellent customer service and identify her own strengths and areas for development for skills in customer service.INVESTIGATIONSIn April 2015, staff of the Investigations Department participated in a Team Building session conducted by Ask Leadership Limited. Topics included personal leadership, communication styles, basics of people leadership and building effective teams.THE AUTHORITYIn May 2015, the Deputy Director attended the Canadian Association for Civilian Oversight of Law Enforcement’s conference in Ottawa, Canada. The theme of the conference - “Civilian Oversight: The Link Between Community and Police” featured topics such as the Use of Force, Privacy, Freedom of Information, Aboriginal Outreach, Ethics and Loyalty vs. Integrity. The Deputy Director participated in discussions on current issues in law enforcement, the role and responsibility of the media in their coverage of police incidents, freedom of information and privacy issues, recent legal developments relevant to police conduct and oversight and the challenges and conicts associated with duties of Integrity and Loyalty.In June 2015, the Director and the Authority’s Investigations Consultant visited the Independent Commission of Investigations (INDECOM) in Jamaica. This visit enabled the Director to forge links with key personnel at INDECOM and gain an understanding of INDECOM’s mandate and operational processes. The Director and Investigations Consultant met with INDECOM’s leadership and exchanged ideas on how each organization can better full its respective mandate and foster co-operation with each other.In September 2015, the Deputy Director attended the Caribbean Association of Judicial Ofcers 4th Biennial Conference in Montego Bay, Jamaica. The theme of the conference “Setting High Standards for Justice Delivery” featured informative and interactive sessions on Ethics and Judicial Conduct, Comparative Approaches to Judgement Enforcement, Process Serving and Impartiality. The Deputy Director had the opportunity to interact with members of the Caribbean Court of Justice, Caribbean Chief Justices’, Caribbean Justices of Appeal, Caribbean Masters, Caribbean Chief Magistrates and Caribbean Registrars. Presenters at the Conference kept the participants in touch with how persons are approaching justice. A session on the neuro science of Judicial Decision Making and Impartiality was a true eye opener.Other professional programmes attended by the PCA Staff throughout the year included:• International Finance and Accounting Conference 2014 – “Agents of Change-Shaping the Future”;• Digital Media – Acquisition and Triage;• Technical Report Writing and Presentation Skills;• Race and Ethnicity Statistics for Citizen Security;• Statement Taking.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 17SIGNIFICANT DEVELOPMENTS DURING 2014 – 2015:During the period under review, the HR Department undertook the following signicant initiatives:-• Business Process Review of the Legal Counsel, Compliance and Complaints Unit, and• Development of a Strategic Plan for the period 2015-2018.Business Process Review A Business Process Review of the Legal Counsel, Compliance and Complaints Unit was undertaken to streamline the Unit’s activities and improve performance. Guidelines for handling complaints were reviewed and work processes were re-organized. The Business Process Review identied the Unit’s responsibilities and the relevant policy guidelines for initiation of complaints, remit assessment, review of investigation les and recommendations for action. Strategic Plan 2015-2018During the months of June and July 2015, the Authority and staff of the PCA engaged in a Strategic Planning workshop aimed at redening the PCA’s strategic direction and making decisions on the allocation of resources for the period 2015 to 2018. A Strategy Map with specic objectives, measures and targets was developed for the scal periods 2015-2016, 2016-2017 and 2017-2018. This Map is aimed at improving the PCA’s performance and achieving its strategic goal of increased delivery of justice. The organization’s vision, core values and mission statement were reviewed and a new mission statement and core values were created these are:- OUR MISSIONTo pursue justice through independent civilian oversight of serious police misconduct and criminality.OUR CORE VALUESCondentialityIntegrityProfessionalismFairness

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18 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT THE INFORMATION TECHNOLOGY DEPARTMENT AN INTRODUCTIONThe role of the Police Complaints Authority’s (PCA’s) Information Technology (IT) department is essential in the daily operations of the organization. An efcient operating network combined with high availability of systems and applications assists in successfully archiving tasks in a timely manner. As information passes throughout the PCA’s network, there is an important requirement for the protection of this data real time. PCA’s IT department archives and preserves safety, security and reliability within the PCA’s IT network and protects data in real time.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 19ADDITIONAL SPAM FILTERS• The Implementation and conguration of additional Anti-Spam lters. FIBRE INTERNET SERVICES TOBAGO• The deployment of Fibre Internet at the Tobago Branch of PCA. CASE MANAGEMENT APPLICATION CHANGES, ADDITIONAL FIELDS AND NEW DATABASE• Implementation of new elds on the Case Management System. INSTALLATION OF FIREWALL• Installation of a new rewall. INCREASE IN COMPUTER EQUIPMENT• With the growth of additional staff, the IT Department assisted with an increase in the number of computers.UPGRADE OF PRINTERS.• Implementation of upgrade of the PCA’s MFP printers.FOR THE FINANCIAL PERIOD OCTOBER 1ST 2014 TO SEPTEMBER 30TH 2015 THE PCA’S IT DEPARTMENT ACCOMPLISHED THE FOLLOWING:-

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20 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT The Administration Unit serves as the hub for all administrative services necessary to support the operations of the Police Complaints Authority (PCA). The unit plays a pivotal role in the day to day operations of the PCA with the ultimate responsibility for all the support systems within the PCA, to satisfy the needs of a rapidly growing institution, optimising resources to deliver the highest standard of performance. In addition to its normal day-to-day functions, during the period under review, the Unit was responsible for the following:• Additional Ofce Space in Trinidad: Due to the growing demands on the functions and services of the PCA the Authority requires an increased staff complement as well as provision of facilities for storage of materials collected during investigations. Under Section 34 of the Police Complaints Authority’s Act Chap. 15:05 “The Authority may hold hearings for the purpose of conducting an investigation”. The Authority also requires additional ofce space to house a Hearing Room, a Registrar’s ofce, storage room etc. The Unit approached the Property and Real Estate Services Division (PRESD) of the Ministry of Public Administration and submitted recommendations for additional ofce space.• PCA’s Tobago Ofce Accommodation: In accordance with section 15 (1) of the PCA Act, “The Authority shall be located in the place provided for it by the Government………..” The Administration Unit liaised with the Ministry of the Attorney General &Legal Affairs and the Property and Real Estate Division (PRESD) of the Ministry of Public Administration for the establishment of permanent ofce accommodation in Tobago.In the interim, the Administration Unit monitored the services and operations of the PCA’s Tobago Ofce, which was established by the PCA, on an interim basis, in February 2014 and is currently located at Old Milford Road, Crown Point Tobago. ADMINISTR ATION UNIT

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 21THE COMMUNICATIONS DEPARTMENTAN INTRODUCTIONThe Communications Department is responsible for developing and managing the internal and external communications of the Police Complaints Authority (PCA). The role of the department is to strategically plan, manage and sustain the Authority’s relationship with key audiences, taking responsibility for the organization’s reputation and thereby helping the leadership to achieve its strategic and operational goals. These goals are achieved through communications planning, media relations, advertising, publications, press releases and various outreach programmes. In addition, the department manages the PCA’s website www.pca.org.tt and monitors the PCA’s Facebook page fostering dialogue with the public.

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22 | THE POLICE COMPLAINTS AUTHORITY’S 2014 ANNUAL REPORT COMMUNITY OUTREACHThe PCA’s Community Outreach Programme commenced in 2012 and was designed as a conversation between the PCA and its stakeholders to educate and sensitize the public on the role and responsibilities of the PCA. The PCA understands that by going into communities across both Trinidad and Tobago, the organization will be better informed about the unique needs of the public. For the period under review, the PCA conducted three (3) such meetings in the Constituencies of-:• Plymouth, Tobago on January, 29 2015 at the Plymouth Community Centre; • St. Ann’s East on June 3, 2015 at the Santa Cruz Fire Station; and• Chaguanas East on July, 30 2015 at the Chaguanas North Secondary School.At these Outreach meetings the Director and Deputy Director of the Authority sensitized the audience on a number of topics relevant to the Members of the audience listen attentively at the PCA Community Outreach sensitization session for the Constituency of St. Ann’s East at the Santa Cruz Fire Station on June 3, 2015.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 23PCA including:-• Brief history of the PCA;• The establishment and membership of the Authority;• The roles and functions of the PCA;• The powers of the PCA;• Remit of the PCA;• How to make a complaint/ complaint process;• Independence of the Authority;• Process/ conclusions of Investigations;• Hearings;• Difference between the PCA and Police Complaints Division;• Condentiality; and• Section 37 ‘matters before the court’.These topics encouraged a great deal of feedback and questions from members of the audience. The matrix on the following page summarizes some of the discussion on these issues at the outreach meetings.Director David West speaks to the audience at the PCA Community Outreach sensitization for Plymouth Tobago at the Plymouth Community Centre on January 29, 2015.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 27How independent is the PCA from political inuence? X X XThe PCA is an independent body and is not subject to the direction or control of any other person in the performance of its functions and the exercise of it powers. The PCA is solely accountable to Parliament and not to any politician and there is no risk of political interference into the operations of the PCA.If there is no political inuence who chooses the Director and Deputy Director?X X XThe Director and Deputy are appointed by the President on the joint advice of the Prime Minister and the Leader of the Opposition. In the event that the Prime Minister and Leader of the Opposition cannot agree on the joint advice, the President shall appoint the Director and Deputy Director, after consultation with the Prime Minister and Leader of the Opposition.Can the PCA prosecute matters?X XThe PCA is an investigative and not a prosecutorial body. However, once an investigation is completed by the PCA, a recommendation may be made to either the Director of Public Prosecutions when oences are criminal in nature, the Commissioner of Police when oences are disciplinary in nature or the Attorney General where an authority outside the State is concerned. (see Section 21 (1) (e) of the PCA Act)POLICE OUTREACHDuring the period under review, the Director was invited by the Trinidad and Tobago Police Service Training Academy to speak to graduates at the St. James Barracks on September 15, 2015. The Director emphasized to the graduates that the PCA is NOT the enemy of the Trinidad and Tobago Police Service (TTPS) but that the PCA and the TTPS are two independent bodies which both want to ensure that the TTPS adheres to the highest standards in the execution of duties, has a positive image and is respected in the public’s eye. The Director informed the graduates on the role, functions and powers of the PCA.It was noted by the Director that the PCA may provide a layer of protection for police ofcers against whom complaints are made, if, after investigation, the complaint is not substantiated as, that determination would have been made by an independent body. The Director explained that police ofcers can make complaints to the PCA and all complaints receive the strictest level of condentiality.

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32 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT next step, if any, to be taken with respect to the complaints.In addition to the thirty one (31) matters received during the period under review, the PCA continued to monitor the progress of three hundred and twenty three (323) matters which concerned complaints received during previous reporting periods and in which the subject matters were also the subject of judicial proceedings. After isolating the thirty one (31) complaints which were subject to Section 37 of the Act, the three hundred and twenty one (321) remaining complaints were categorized by the LCCCU based, inter alia, on the Police Service Act, the Police Service Regulations, Criminal Law principles, prevalence of the offence and/or defaulting act in the Trinidad and Tobago Police Service (TTPS), the public interest and concern, the geographical area in which the offence(s) and/or defaulting act occurred, extent of damage/loss/injury and other criteria.CLASSIFICATIONThereafter, the LCCCU classied these three hundred and twenty-one (321) complaints by assigning numbers from one (1) to ve (5) with ve (5) representing the most serious complaints requiring urgent attention and one (1) representing complaints that were less serious. In the previous reporting period the responsibility of classication was vested in the Investigations Department however, it was deemed necessary, for efciency and expedience, to classify complaints at an earlier stage of the complaints process.Hereunder is the Complaints classication and rating guidelines for criminal offences, police corruption and serious police misconduct by and/ or involving a police ofcer utilized by the LCCCU:1. Denition of a Complaint:In accordance with Section 4 of the Police Complaints Authority Act, a Complaint includes an allegation of:-• Police corruption;• Serious police misconduct;• The commission of a criminal offence by a police ofcer; or• The commission of a criminal offence by any other person but involving a police ofcer;2. Purpose:The Authority classies complaints by the level of seriousness and/or urgency in order to:-• Allocate resources more effectively;• Optimize data collection and record-keeping to provide useful information and comparable data; and• Identify signicant trends through proactive approach;3. Classication of a Complaint:The Authority classies a complaint on a scale of 1-5 with:-• The least serious complaint placed in Classication 1 and;• The most serious complaint placed in Classication 5;• Where there is more than one alleged infraction in a complaint, the most serious allegation is utilized in the overall classication of the complaint;

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 33Automatic Classication 5:A complaint can automatically be classied as 5 in two ways:-• Based on the serious nature of the complaint as dened below; or• Based on the urgent nature of the complaint as dened below, notwithstanding the level of seriousness of the complaint;3.1.1 Automatic Classication 5: Serious Nature of ComplaintA Complaint as dened below is automatically classied as 5, namely:-• Fatal Shooting;• Non-Fatal Shooting;• Road Trafc Accident involving Police Ofcers resulting in serious injury and/or death;• Death in Police Custody (including instances of hanging etc.);• Murder/ Attempted Murder;• Sexual Offences/Domestic Violence Allegation (with violence); and• Any Incident with a Fatality;3.1.2 Automatic Classication 5: Urgent Nature of Complaint• A complaint in which the Statutory Limitation Period demands urgency;• A complaint which is identied as Urgent by the Authority; and• A complaint of high national, regional or international importance;3.1.3 Denition of Police Corruption – By Section 4 of the Police Complaints Authority Act-“Police Corruption” means an act done with an intent that is illegal, dishonest or fraudulent or failing to act in order to receive an advantage or reward, whether nancial or otherwise, personally or for another person, group or organisation, or exercising a legitimate discretion for improper reasons, or employing illegal means to achieve approved goals;3.1.4 Automatic Classication 4:• Police Corruption;• Police Ofcers involved in an indictable offence e.g. under the Dangerous Drug Act;3.2 Denition of Serious Police Misconduct-Under Section 4 of the Police Complaints Authority Act-“Serious Police Misconduct” means the commission of a disciplinary offence under the Police Service Regulations which the Authority considers to be so serious as to bring the Police Service into disrepute.Following the above categorization and classication processes the LCCCU forwarded the three hundred and twenty-one (321) complaints to the Investigations Department.Where certain evidence was required (for example, medical reports and Magistrate Court extracts) during the course of undertaking inquiries/gathering evidence/investigating/monitoring/auditing, the LCCCU provided support to the Investigations Department by preparing ofcial correspondence to the relevant institutions requesting the pertinent information. For the period under review, the LCCCU drafted one

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34 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT thousand eight hundred and nine (1809) pieces of ofcial correspondence relative to investigations being conducted by the PCA. The LCCCU also functioned as an advisory body to the Investigations Department.During the period under review, pursuant to Section 44 of the Police Complaints Authority Act, Chapter 15:05, the Authority approved recommendations made by the LCCCU to:-• Close one hundred and seventy-nine (179) investigative les;• Forward ten (10) investigative les to the Director of Public Prosecutions with recommendations for prosecution• Forward forty-two (42) investigative les to the Ofce of the Commissioner of Police with recommendations for the institution of disciplinary proceedings against defaulting ofcers or for further action to be taken.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 39THE INVESTIGATIONS DEPARTMENTAN INTRODUCTIONThe Police Complaints Authority Act, Chapter 15:05, provides for the investigation by the Authority of serious police misconduct, police corruption and criminal offences involving police ofcers and other related matters. The Authority may conduct an investigation on its own initiative or on the basis of complaints made to the Authority.COMPLAINTSA complaint may be made by a member of the public, a police ofcer, a public body or authority, or the appropriate unit or a disciplinary tribunal of the Police Service.For the period under review the Investigations Department received three hundred and twenty-one (321) complaints from the Legal Counsel, Compliance and Complaints Unit (LCCCU).

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58 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT by Master Ralph Doyle – Deputy DirectorHaving served as Deputy Director of the Police Complaints Authority from December 29th 2010 it is my respectful view that it will assist the public of Trinidad and Tobago to be reminded of the status and functions of the Authority.For this purpose, I refer, in extenso, to a presentation I made in 2012 during the Authority’s Outreach Campaign when I expressed the following:- “…..The Authority has only been in existence since December 2010 but it has been our experience and particularly so since the start of our public education and sensitization campaign that members of the public have several questions about the Authority including (and, in no particular order) – What really is the status or remit of the PCA? Is it a Government department? How are persons appointed? The name is the Police Complaints Authority – and so, what, if any, is the relationship with the Trinidad and Tobago Police Service? Who can investigate complaints? Do police ofcers investigate complaints? Can police ofcers themselves make complaints to the Authority? If I make a complaint is there condentiality? What is the process? If I am a police ofcer and I make a complaint, will there be victimisation? What IN RETROSPECTMaster Ralph DoyleDeputy Director, Police Complaints Authority

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 59happens if a complaint is made and the complainant dies? What happens if there are court proceedings?I think it will be helpful to refer to the background to the Authority and in particular to the former Police Complaints Authority (“the former Authority”), a body which existed during the period July 1993 to December 2006 and was created by the Police Complaints Authority Act No. 17 of 1993. It consisted of 5 members appointed by His Excellency the President (with one member as Chairman and, while it is true that the Chairmen of the former Authority were retired Justices of Appeal, qualication to be Chairman was that one could either be an attorney-at-law of at least ten (10) years standing or a person who had retired from the police service at the rank of Senior Superintendent or above). The former Authority received complaints from the public on the conduct of police ofcers, referred same to a complaints division of the Trinidad and Tobago Police Service for investigation by the police, advised complainants of the results of the investigations and, in some instances, reviewed the reports of the police investigations.However, in 2006, Parliament enacted three (3) important pieces of legislation-(1) The Constitution of the Republic of Trinidad and Tobago was amended, and, by Section 123A (1), the Commissioner of Police was given complete power to manage the Police Service including the powers of appointment, transfer, removal from ofce and disciplinary control of police ofcers;(2) The Police Service Act Ch 15:01 was enacted to consolidate, amend and revise the law relating to the Police Service (including the powers given to the Commissioner of Police, supra); and(3) The Police Complaints Authority Act Ch. 15:05 (“the Act”) was enacted “to establish an independent body to investigate criminal offences involving police ofcers, police corruption and serious police misconduct and for other related matters.”By the Act, the Police Complaints Authority (the Authority/the PCA) was established as a corporate body to be comprised of a Director and Deputy Director to be appointed by His Excellency the President on the joint advice of the Prime Minister and Leader of the Opposition - (where the Prime Minister and Leader of the Opposition cannot agree on the joint advice, His Excellency the President appoints the Director and the Deputy Director after consultation with the Prime Minister and the Leader of the Opposition)To be appointed Director or Deputy Director one must have at least 10 years experience as an attorney-at-law. However, no police ofcer or former police ofcer is qualied to be appointed as Director or Deputy Director of the Authority. I shall also mention that no member of the Senate, the House of Representatives, the Tobago House of Assembly or of a Municipal Corporation is qualied to be appointed as Director or Deputy Director of the Authority.

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60 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT The appointment of a person as the Director or Deputy Director shall be for a period of not less than 3 years but not exceeding 5 years.The Authority is an independent body and is not subject to the direction or control of any other person in the performance of its functions and the exercise of its powers.The Authority’s functions are to –(a) investigate criminal offences involving police ofcers, police corruption and serious police misconduct;(b) undertake inquiries 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 audits of those investigations;(d) advise the Police Service and other public authorities on ways in which police corruption and serious police misconduct may be eliminated;(e) gather evidence that may be admissible in the prosecution of a person who is not a police ofcer 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 or the Police Service Commission for appropriate action;(g) gather evidence that can be used in the prosecution of a police ofcer involved 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.The powers and functions of the Authority are exercisable by the Director or Deputy Director personally or by any other person acting under instructions of either the Director or Deputy Director. However, no police ofcer may be appointed by the Authority to conduct any investigations.Where the Police Service Commission or the Commissioner of Police receives information or a complaint in relation to criminal offences involving police ofcers, police corruption or serious police misconduct the Police Service Commission or the Commissioner of Police shall immediately inform the Authority of the investigation in writing.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 61In performing its functions, the Authority has the powers of a Commission of Enquiry and the power to require any person to produce books, records, accounts, data, documents etc. in relation to the functions of any public body or authority and to answer any questions which the Authority considers necessary in connection with any investigation which the Authority is empowered to conduct. For the purpose of an investigation -The Authority may enter and inspect any premises occupied or used by a public authority in that capacity, inspect any document or other thing in the premises and take copies of any document in the premises. The Authority may also enter private premises in furtherance of an investigation after obtaining a search warrant from the Court.In addition, the Authority may require any person to furnish a statement in writing enumerating all real or personal property belonging to or possessed by that person. And, the Authority has the power to require any person to furnish a statement in writing specifying any monies or other property acquired in Trinidad and Tobago or elsewhere or sent out of Trinidad and Tobago by him or on his behalf. The Authority is also empowered to require the manager of any nancial institution to furnish all information in his possession relating to the affairs of any person being investigated and to furnish any information or certied copies of the accounts or statement of accounts at the nancial institution of the person being investigated.If a person fails to disclose such information or produce any document required by the Authority that person is liable on summary conviction to a ne of fty thousand dollars and to imprisonment for ve years.The Authority may also hold hearings for the purpose of conducting an investigation and may summon a person to appear at a hearing at a time and place named in the summons. A witness who appears before the Authority may apply for legal assistance. A witness who appears before the Authority may be paid such reasonable expenses as may be determined by the Authority.I have referred to powers and functions of the Authority and I am aware that there may be concerns about a person’s constitutional rights. I think it will be helpful to look at a recent decision (May 02nd 2012 - Claim No. 2011 HCV 06344) of the Constitutional Court in Jamaica where the three members of that court dismissed the claim of eight police ofcers (Gerville Williams and 7 other claimants) who brought constitutional proceedings against the Commissioner of the Independent Commission of Investigations, the Attorney General and the Director of Public Prosecutions of Jamaica. The claimants were police ofcers who formed a team on operation in a community, there was heavy gunre and at the end of the operations two men lay dead.The Commissioner of the Independent Commission of Investigations (INDECOM/Commission) who has the power to require any member of the security forces to give assistance to an investigation and to furnish a statement and produce documents etc. in connection with an investigation launched an investigation into the circumstances of the death of the two men and in the course of that investigation sought to obtain information about the deaths from these police ofcers (the

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62 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT claimants). The claimants, on the advice of their attorney-at-law indicated that they did not wish to answer any questions put to them by an investigator of INDECOM and sought relief from the court including declarations that they had the right not to be compelled to testify against themselves or to make any statement amounting to a confession or statement, that there was the right to silence, that the requirement by the Commission for the police to furnish a statement is null and void and that it breached their right to equality of treatment. The Honourable Mrs. Justice Lawrence - Beswick held:-“The INDECOM Act is relatively recent having come into operation on April 15, 2010. It was expected to ll the perceived need to have an independent body which would investigate killings, injuries and abuses caused by the security forces.Investigations by the police of such killings were being stymied by the “squaddie” approach where one security ofcer would not give information that might have implicated another ofcer in a crime.The concept of Caesar investigating Caesar led to the public reposing no condence in the State’s ability to engage in fair and impartial investigations with the objective of eventually having a fair trial wherever members of the security ofcers were involved. Without investigations of that calibre it was feared that extra judicial killings, injuries and abuses would continue as the probability of the perpetrator being brought to justice when they did occur was very slim.The INDECOM Act provides for the creation of a Commission headed by an Independent Commissioner who has judicial and administrative roles. The Act also gives him powers of investigation. This necessitates obtaining as accurate information as is possible, within the parameters of the INDECOM Act and the Constitution.In the circumstances of this case, I nd that the provisions in the INDECOM Act concerning a person providing information are not contrary to the Constitution. There were no violations of rights in requiring the claimants to provide statements concerning an operation of which they were a part and where persons died. In any event if there were a violation to a right in making that request, it would be demonstrably justied in a free and democratic society to require statements from persons presumed to have important information which is needed by the State and therefore a request for that information would not run afoul of the Constitution.” (Emphasis added).The Honourable Mr. Justice Sykes said, inter alia,:-“The rights guaranteed under….the Charter of Rights apply only to persons charged with criminal offences and are applicable only when the trial of the actual offence is taking place and does not apply to investigations being conducted by INDECOM when acting under the ICI A……The decision of whether to use any information gathered during the compulsory questioning of any person who may be subsequently

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 63charged is a matter for the prosecuting authorities. The admissibility and use of the evidence gathered is to be determined by the trial court where all the circumstances can be explored.” (Emphasis added).The Honourable Mr. Justice F Williams, concluded, inter alia:-“The (INDECOM) Act was passed in an attempt to address woeful shortcomings in the previous dispensation and to bring the country into compliance with international human rights standards where investigations into allegations of excessive use of force by the State are concerned; and has been shown to be demonstrably justied in a free and democratic society…..……The claimants’ rights remain protected, and will be further protected during the trial process. The claimants must co-operate to the extent that they can (and as the Act requires them to do), with this body (a commission of Parliament) set up ultimately to safeguard the rights of all citizens of this country…” Now, the Police Complaints Authority in Trinidad and Tobago may conduct an investigation on its own or on the basis of a complaint made by a member of the public, a police ofcer, a public body or authority or the appropriate unit or a disciplinary tribunal of the Police Service.And, there is a limitation period as a complaint shall not be entertained unless made to the Authority not later than one year from the day on which the person making the complaint rst had notice of the matter alleged in the complaint. However, if the Authority considers that there are special circumstances it may conduct an investigation where a complaint was not made within the limitation period.Provision is also made under the Act for a complaint to be made or continued by a personal representative, a member of a complainant’s family or some other suitable individual where a person makes a complaint and dies or could have made a complaint but dies before doing so or a person makes a complaint and for any reason is unable to act for himself after making the complaint.Finally, the Police Complaints Authority is not a law unto itself. The Authority must keep accounts of all its nancial transactions and have same audited annually by the Auditor General or by an auditor authorised by the Auditor General for such purpose.And, within 3 months of the end of each nancial year the Authority must submit (for laying in Parliament) an annual report of its activities in the preceding nancial year and a copy of its audited statement of accounts.”In retrospect, over the years, there has been compliance with the Statutory obligations of the Authority and, in 2015, there is no doubt that the Police Complaints Authority remains in the forefront with respect to the independent oversight of law enforcement in Trinidad and Tobago.

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66 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT of Public Prosecutions whether or not a Prima Facie case is made out against anyone. The commissioner also submits a report to the parliament with the said recommendation going to the particular head of the institution, eg. The Police Commissioner of Head of the Defence Force for the implementation of the recommendations. The parliament then pressures the Head of the Institution to Act on the recommendations or to say why he/she has not done so.It has occurred that INDECOM in the case of The Police Federation and others v INDECOM and The Attorney General of Jamaica (2013) JMFC Full 3 had instituted its own criminal proceedings against ofcers of the Jamaican Constabulary for murder and the Supreme Court had already ruled that INDECOM has the power so to do but that matter was under appeal at the time of our visit.In the aforesaid case, an action was bought by the Police Federation and Others against INDECOM seeking injunctive relief against the latter, on the grounds that INDECOM’s power to arrest and charge police ofcers for criminal offences was contrary to Sections 13(3)(a), 14 and 19 of the Constitution.Moreover, the Police Federation argued that it was proper practice that INDECOM acquire the appropriate instructions from the Director of Public Prosecutions (DPP) before proffering a charge against a police ofcer. The issues before the Court were whether:1. The INDECOM Act or the common law gave INDECOM the power to arrest or charge anyone for a criminal offence? and2. The INDECOM Act give INDECOM the power to arrest or charge a member of the police service without receiving instructions from the DPP?The Court held that by virtue of the INDECOM Act and the common law, INDECOM did possess a power to arrest police ofcers for criminal offences. In addition, the Court further emphasised that under the common law, INDECOM is clothed with the power to charge and initiate prosecutions against members of the police service. The Court noted however, that this power is not available in the INDECOM Act. Further, the Court maintained that the power of INDECOM to undertake the above-mentioned functions does not affect the exercise of the DPP’s power under Section 94(1) and (3) of the Constitution to initiate, undertake, takeover, continue and discontinue any criminal proceedings. In addition, there is no requirement for INDECOM to seek a ruling from the DPP before arresting and charging police ofcers. In this vein, the Court ruled that the powers exercised by INDECOM in relation to this matter were lawful and the claimants claim for injunctive relief was refused. When a fatal police shooting occurs, the Jamaican Constabulary is required to immediately inform INDECOM of such occurrence and takes steps to preserve the scene including the physical evidence until the arrival of the INDECOM investigator who is required under the INDECOM Act of 2010 to conduct a complete investigation including

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 67interviewing witnesses (including police witnesses) and the subject of the investigation and to take custody of all exhibits and ensure that they are examined forensically. In a move to expedite the processing of exhibits/ evidence in such matters, a small forensic lab has been established at the INDECOM headquarters in Kingston where clothing, rearms and other items are processed for testing. This laboratory is supervised by a Canadian expert.Section 11 of the INDECOM Act places a statutory requirement on the security forces to make a report to the Commissioner of incidents which involve conduct which resulted in the death of or injury to any person forthwith and not later than twenty-four hours in any case.INDECOM has also established a 24 hours tip line, a public service call line through which incidents and tips can be reported to the INDECOM. Additionally, there are intelligence ofcers at the regional ofcers who work to assist investigators in unearthing evidence or identifying witnesses to these major incidents with a view to increasing the detection rate of INDECOM.Police ofcers involved in police shootings, fatal or otherwise, are given a written notice to report to an INDECOM ofce to be interviewed so that his/her rst response to the shooting is recorded by INDECOM investigators. These notices are issued within 24 hours of the shooting and prescribes the date and time the ofcer is to submit himself/herself for such interview by INDECOM ofcers. Failure to do so attracts different sanctions from INDECOM. It is interesting to note that INDECOM investigations are not police ofcers but are highly trained by INDECOM in investigations.USE OF TECHNOLOGY The use of technology generally plays a signicant part in the activities of INDECOM given the size of Jamaica particularly, the computer plays a pivotal role in providing statistics which augments the effectiveness of INDECOM particularly in the investigation function.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 69INTERPOL EQUIPMENT HANDOVERAs a result of a tripartite agreement between the Governments of Trinidad and Tobago, Canada, and the United Kingdom, the Police Complaints Authority (PCA) has been the beneciary of audio visual equipment which was installed following a handover ceremony in which ofcials of the Canadian High Commission and British High Commission participated.Members of staff of the PCA worked with INTERPOL ofcials in Lyon and Singapore, Royal Canadian Mounted Police (RCMP) in Ottawa and British Columbia and members of staff of the United Kingdom’s Foreign and Commonwealth Ofce in Port of Spain to ensure the successful delivery of the equipment. The equipment gives the PCA the capacity to conduct live audio-visual interviews and recording of statements from complainants and witnesses in matters that fall under the purview of the PCA. The equipment also includes a portable unit that can be taken into the eld where necessary. The technology also allows for secure storage, date-time stamping, access control and tracking and, meets international standards regarding law enforcement procedure and evidential admissibility. Staff have been trained to manage and trouble-shoot the equipment, members of the complaints and investigations units have been trained in its use and the system has been incorporated into day-to-day operations. A team comprising the Deputy Director, Investigations Consultant and the Head of Legal (then Senior Legal Ofcer) created Standard Operating Procedure (SOP) concerning the Audio Visual Recording Equipment donated to the PCA by Interpol.The intent of these Standard Operating Procedure is to:• Create a set of protocols which will govern the use, storage, security and maintenance of the said equipment;• Provide consistency in the use of the said equipment;• Ensure that evidence obtained by the use of the said equipment is treated in a manner which would not adversely affect its admissibility and reliability in a court of law;• Ensure that the use of the equipment is in conformity with the law; and• Ensure compliance with the principles of natural justice.On August 11, 2015 the SOP was approved for dissemination to all staff expected to make use of the equipment in the course of their duties.The acquisition of this equipment and its incorporation into the PCA’s investigative procedures places the organization at a technological forefront since, at present, there is no other law enforcement body in this country that utilizes such technology.

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70 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT As indicated in the Police Complaints Authority’s Fourth Annual Report 2013/ 2014, a Police Complaints Authority (PCA) delegation led by the (then) Director appeared before the Joint Select Committee of Parliament (JSC) in a session chaired by Independent Senator the Honourable Elton Prescott, S.C. on April 22nd, 2014.On March 20th 2015 the JSC generated its “Twelfth Report of the Joint Select Committee on Ministries, Statutory Authorities and State Enterprises (group 1) on the Administration and Operations of the Police Complaints Authority (PCA)” containing, inter alia, its ndings on matters presented by the PCA. [Excerpts from the Joint Select Committee’s ndings are provided hereunder together with the PCA’s responses thereto].1. JOINT SELECT COMMITTEE’S FINDINGS ON COERCIVE POWERS (Powers, privileges, immunities and authorities of the Police)“The PCA’s ability to investigate matters freely is clearly being stymied by the Authority’s lack of the required powers, privileges and immunities that are normally granted to similar bodies…we strongly believe that the PCA should be vested with the required legal standing and resources so that it can independently and effectively investigate matters falling under its remit.”“The Committee noted that the Professional Standards Bureau of the TTPS investigates fatal police shootings, criminal offences and high level corruption as the PCA is unable to do so as a result of it lacking the powers, privileges and immunities of police ofcers. However, the Committee is of the view that the PCA should be given the necessary capacity to undertake these functions.” “We commend the PCA for its efforts and persistence in nding solutions to getting its job done despite its jurisdictional limitations. We nd the collaboration with the TTPS to be satisfactory and hope that the Bureau conducts its investigations with due diligence, transparency and expediency.”The PCA’s response:-The PCA has consistently justied its position as regards the issue of coercive powers.In its Annual Reports for the periods 2012-2013 and 2013-2014 which have been laid in Parliament, the PCA indicated that the absence of such powers TWELFTH REPORT OF THE JOINT SELECT COMMITTEE OF PARLIAMENT ON THE OPERATIONS OF THE POLICE COMPLAINTS AUTHORITY

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 71adversely affects its ability to fully execute its statutory mandate and functions and those detailed amendments can be found at pages 59- 63 and 74-78, respectively. We are therefore pleased to learn that the JSC endorses all that the Organization has been advocating in this regard.2. JOINT SELECT COMMITTEE’S FINDINGS ON THE CLASSIFICATION OF COMPLAINTS BY THE PCA“We found the PCA’s complaints categorization process to be useful and commend the Authority for distinguishing the severity of complaints via a classication system.” The PCA’s response:-The PCA continues to categorize its complaints however the process is now embarked upon at an earlier stage in the complaint handling process and is the responsibility of the Legal Counsel assigned to assess whether or not the particular matter falls within the PCA’s remit.3. JOINT SELECT COMMITTEE’S FINDINGS ON THE PCA’S COMMUNICATION WITH COMPLAINANTS“The Committee was pleased to learn that the PCA provides advice to complainants informing them of whether or not their complaints fall under its remit, and acknowledges the fact that the Authority may not be able to act upon some cases that fall under its remit which are the subject of Judicial proceedings.” The PCA’s response:-The communication of the PCA’s position in relation to a matter continues to be of critical importance.4. JOINT SELECT COMMITTEE’S FINDINGS ON THE PCA’S RED FLAGGING SYSTEM“We were pleased to learn of the PCA’s creative “red-agging” system which utilizes its database to identify prior matters or complaints related to a particular Police Ofcer. This strategic use of information and technology must be continuously improved and replicated throughout the operations of the Authority.” The PCA’s response:-The PCA’s red agging system remains in use and is complimented by the case management software system utilized by the Organization. As far as the use of technology throughout the operations of the PCA is concerned, the PCA has acquired an audio visual recording system to be used in the conduct of interviews.5. JOINT SELECT COMMITTEE’S FINDINGS ON THE PCA’S TRACKING OF MEDIA REPORTS“We commend the PCA’s practice of tracking of media reports concerning incidents/events involving police ofcers. This demonstrates proactivity and has allowed the Authority to monitor the

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72 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT status of ongoing cases and to be aware of potential issues and new cases which may arise.”The PCA’s response:-Media reports (print, electronic and other) remain critical sources of information to the PCA in determining whether a matter of interest warrants the Organization’s involvement. However, the PCA’s proactivity in this regard does not diminish, in any way, the obligations of the Commissioner of Police and Police Service Commission under Section 48 (2) of the Police Complaints Authority Act, Chapter 15:05 which provides:-“(2) Where the Commission or the Commissionerreceives information or a complaint in relation to any ofthe matters mentioned in section 21(1)(a), theCommission or the Commissioner shall immediatelyinform the Authority of the investigation in writing andthe Authority shall have the sole responsibility fordealing with those matters.”For ease of reference Section 21 (1) (a) provides:-“21. (1) The functions of the Authority are to—(a) investigate criminal offences involvingpolice ofcers, police corruption and seriouspolice misconduct;”6. JOINT SELECT COMMITTEE’S FINDINGS ON THE PCA’S HANDLING HABITUAL OFFENDERS“We approve of the PCA’s measures for dealing with ofcers that have been identied as ‘high risk’ or ‘habitual offenders’. We hope that prompt action is taken by the Commissioner of Police in handling the recommendations made by the Authority in this regard.”The PCA’s response:-The PCA appreciates the recognition of the JSC on its treatment/ approach to “high risk” or “habitual offenders”.However, regrettably, to date, the Commissioner of Police (Ag.) has not implemented all recommendations made by the PCA throughout the years.7. JOINT SELECT COMMITTEE’S FINDINGS ON COMMUNICATION WITH THE OFFICE OF THE COMMISSIONER OF POLICE“We took note of the fact that under the PCA Act, Police Ofcers under investigation are not mandated to provide information. We were however, pleased to know that in instances where ofcers refuse to provide information, there are mechanisms in place to communicate with the COP in order to extract the required information.” The PCA’s response:-Notwithstanding the PCA’s ability to liaise directly with the Commissioner of Police (Ag.), it is imperative that all “police ofcer(s)”, within the meaning of

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 73that term within the PCA Act, understand and accept that a failure to comply with the legitimate request of the PCA may result ultimately in a ne and imprisonment in accordance with section 22 (4) of the PCA Act.8. JOINT SELECT COMMITTEE’S FINDINGS ON WORKING RELATIONSHIPS“It was encouraging to learn that the PCA had implemented strategies to improve its working relationships with other organizations. We endorse the strategies identied by the PCA and commend the Authority for its initiative in doing so.”“The Committee also took note of the confusion that has occurred regarding the similarity in the titles of the PCD and the PCA and their respective roles, functions and remit. We were however, encouraged to learn that this issue was being addressed through consultations with the Commissioner of Police, which was expected to eventually lead to the phasing out of the PCD.”The PCA’s response:-The PCA is pleased to note that its strategies for improved working relationships have been endorsed by the JSC. As far as the confusion between the PCA and PCD on account of a similarity in the titles of the two entities is concerned, the PCA has proposed as one of the amendments to the PCA Act that provision be made for a change of name in respect of the Organization.9. JOINT SELECT COMMITTEE’S FINDINGS ON ACCESSIBILITY/MODES OF LODGING A COMPLAINT“We believe that the Police Complaint Authority is to be commended for having essential information on the Authority available on its website and that members of the public can lodge complaints via multiple methods including email.”The PCA’s response:-The PCA appreciates the JSC’s commendation and continues to consider ways in which we can be more accessible to our complainants.10.JOINT SELECT COMMITTEE’S FINDINGS ON TOBAGO OFFICE ACCOMMODATION FOR THE PCA“We noted the challenges the Authority is facing with regards to its presence in Tobago and were pleased to learn that the Authority has established a physical presence, albeit a temporary one, in Tobago. It is our expectation that the Authority would be assigned a more permanent home in the near future. The PCA’s response:-In accordance with Section 15 (1) of the PCA Act, it is the responsibility of the “Government” to provide the PCA the place at which the PCA shall be located. The PCA continues to wait on a Government provided place at which to base its operations in Tobago and, in the interim, complainants are facilitated at the PCA’s ofce space in Tobago which was sourced through the proactivity of the Organization.

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74 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT By virtue of section 21(1)(d) of the Police Complaints Authority Act, Chapter 15:05, one of the core functions of the Police Complaints Authority (PCA) is to “advise the Police Service and other public authorities on ways in which police corruption and serious police misconduct may be eliminated”.In keeping with the above-mentioned function, during previous nancial reporting periods the PCA made recommendations to the ofce of the Commissioner of Police (CoP) in this respect a status update was requested via letter dated September 17, 2015. To date the PCA has received no response from the ofce of Commissioner of Police.The following table reects each recommendation made by the PCA to the ofce of the Commissioner of Police and provides the present status of same.It is interesting to note that during the reporting period October 1, 2011 to September 30, 2012 the PCA made its recommendation to the Ofce of the Commissioner of Police concerning CCTV cameras in all police stations and subsequently, on May 14, 2015 the Honourable Mr. Justice Frank Seepersad in delivering an oral decision in the matter of Dillon Ramirez v The Attorney General of Trinidad and Tobago and Randy Mungroo Police Constable No. 13537 and Rajnath Sookdeo Police Constable No. 13559 CV 2013-00844 stated as follows:- “CCTV cameras should be installed in all police stations, that is a safe guard that protects both prisoners and detainees held at police stations, as well as the police ofcers. No interview should ever be conducted without that interview being recorded and cameras should also be placed in holding cells.”RECOMMENDATIONS

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 83“Oversight is becoming integrated into the fabric of oursociety and government; there is recognition that oversight isbenecial and here to stay. Community members are callingfor independent oversight and a voice in policing. In increasingnumbers, police chiefs, sheriffs and government ofcials arerecognizing that oversight is not about bad cops, but aboutgood government. More and more police ofcials are realizingthat internal investigations are controversial and thankless.An oversight agency decreeing that a shooting or use of forcewas within acceptable policy guidelines has more credibilitythan an internal investigation making the samepronouncement. A negative ruling bolstered by an independentinvestigation helps to take the sting out of a contentiousdisciplinary action. Oversight in its many forms providesaccountability and transparency for police issues that areotherwise inaccessible to the larger community.”2While Attard wrote from an American perspective, her words ring true within the Trinidad and Tobago jurisdiction.Under the Police Complaints Authority Act, No 17 of 1993, the then Police Complaints Authority received complaints on the conduct of police ofcers which were investigated by the Police Complaints Division, a division headed by a member of the Trinidad and Tobago Police Service and comprising police ofcers.Born out of recognition of the untenability of a body investigating itself, the Police Complaints Authority (PCA) was established under the Police Complaints Authority Act, Chapter 15:05, Act No. 8 of 2006 (“the PCA Act”).The body created under the PCA Act is independent of the Trinidad and Tobago Police Service and, under section 48(2) of the said Act, is given the “…sole responsibility for dealing with…” matters of serious police misconduct, police corruption and criminal offences involving police ofcers.While the 2006 Act has rectied the situation to some extent, what it fails to do is to equip the PCA with the powers, privileges, immunities and authorities to allow it to fully execute its mandate.Additionally, having had the opportunity of working the legislation for approximately four (4) years, the PCA has identied the deciencies in its own Act as well as the need for consequential amendments to other pieces of legislation which touch, concern and affect the PCA’s operations. Hereunder is a list of proposed amendments to the Police Complaints Authority Act and necessary consequential amendments to other pieces of legislation which have been brought to the attention of relevant stakeholders and the Legislation Review Committee during the period under review.Enactment of the proposed amendments will go a long way in increasing the public’s trust and condence with respect to the independent investigation of offences involving police ofcers whether criminal or disciplinary in nature.PROPOSED AMENDMENTS TO THE PCA ACT2 Barbara Attard, private oversight and accountability consultant with a 25-year career in oversight of law enforcement

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84 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT PROPOSED AMENDMENTS TO THE PCA ACTPOWERS, PRIVILEGES, AUTHORITIES AND IMMUNITIES OF THE POLICE• The Authority and its duly authorised ofcers should be given the powers, privileges, authorities and immunities of the police.This has been done in the United Kingdom (UK), Jamaica and Barbados. United KingdomIn the UK, Section 19 (4), Part III, Schedule 3 of the Police Reform Act 2002 Chapter 30 stipulates that where designated staff members are not already possessed of the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters, they shall, “for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.”JamaicaIn Jamaica, under section 20 of the Independent Commission of Investigations Act 2010, (“the ICI Act”) the Commissioner and investigative staff of the Independent Commission of Investigations are vested with like powers, authorities and privileges as are given to police constables. See Section 20 of the ICI Act hereunder. “For the purpose of giving effect to sections 4, 13 and 14, the Commissioner and the investigative staff of the Commission shall, in the exercise of their duty under this Act have the like powers, authorities and privileges as are given by law to a constable.”BarbadosIn Barbados, the Authority, investigative staff and other persons authorized by the Police Complaints Authority are given the same powers and privileges granted to police ofcers as, Section 8(2) of the Police Complaints Authority Act, Chapter 167 A (“the Act”) states:-PROPOSED AMENDMENTS TO THE POLICE COMPLAINTS AUTHORITY ACT (PCA ACT) AND NECESSARY CONSEQUENTIAL AMENDMENTS TO OTHER PIECES OF LEGISLATION

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 85“The Authority, the investigative staff of the Authority and any other person authorised by the Authority shall, in the exercise of their duties under section 5(1)(c) have the same powers and privileges as are given by law to a police ofcer.”CIVILIAN OFFICERS IN TRINIDAD AND TOBAGO ARE GIVEN THE POWERS OF THE POLICEAdditionally, like powers are already given to civilian ofcers locally under the Immigration Act Chapter 18:01(s.12 (2)), the Customs Act Chapter 78:01(s.3) and the Motor Vehicles and Road Trafc Act Chapter 48:50(s.5 (1)) as follows:-The Immigration ActSection 12 of the Immigration Act provides: “12. (1) For the purposes of this Act an immigration ofcer is a person appointed as such in manner authorised by law. (2) Every immigration ofcer has the authority and powers of a constable to enforce any provision of this Act, the regulations or any order lawfully made under this Act or the regulations relating to the arrest, detention or deportation of any person.” The Customs ActSection 3 of the Customs Act provides: “3. For the purpose of carrying out the provisions of the Customs laws all ofcers shall have the same powers, authorities and privileges as are given by law to members of the Police Service.”The Motor Vehicles and Road Trafc ActSection 5(1) of the Motor Vehicles and Road Trafc Act provides: “5. (1) In the exercise of powers and duties conferred on him by this Act and any Regulations made thereunder, every Transport Ofcer shall have the powers, authorities and privileges and shall be entitled to all the immunities given by any law from time to time in force to any member of the Police Service.”TERMS AND CONDITIONS OF THE DIRECTOR AND DEPUTY DIRECTOR OF THE PCA• Consistent with Cabinet Minute No. 1860 (2nd Session)- 2010/ 12/ 30, the Police Complaints Authority Act (PCA Act) should be amended with respect to the terms and conditions of the Director and Deputy Director of the PCA.SUPPLEMENTAL BODIES OF POLICE (FOR EXAMPLE RURAL AND ESTATE POLICE)• Under the PCA Act the Authority does not have the jurisdiction to deal with matters involving rural and estate police. Accordingly, the denition of “police ofcer” under Section 3 of the Police Complaints Authority Act should be amended to include supplemental bodies of police namely rural and estate police.

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86 | THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT EXEMPTION FROM TAXATION AND DUTIES• It is recommended that the Authority be exempt from taxation and duties on assets which it acquires for its own use- For precedent see Section 27 (1) of the National Library and Information System Act, Chapter 40:01.Adapting the precedent to suit the PCA’s circumstance it would read as follows:-(1) The Police Complaints Authority is exempt from all taxes, duties, fees, charges, assessments, levies and imposts on assets which it acquires for its own use.(2) Where—(a) goods are imported by the Police Complaints Authority or on behalf of The Police Complaints Authority; and(b) the commercial supply of goods or services to The Police Complaints Authority is in the opinion of the Board of Inland Revenue required for the purposes of the Police Complaints Authority, those goods and services shall not be subject to the Value Added Tax Act.CONSEQUENTIAL AMENDMENTSThe following consequential amendments to other pieces of legislation are proposed:-• The Interception of Communications Act, Chapter 15:08An amendment to section 6(1) of the Interception of Communications Act, Chapter 15:08 to enable the Authority and any person it authorizes to access information from any telecommunications network; • The Justice Protection Act, Chapter 5:33An amendment to the Justice Protection Act, Chapter 5:33 so that protection for witnesses can be facilitated by an entity other than the Trinidad and Tobago Police Service.• The Freedom of Information Act, Chapter 22:02The exemption of the PCA under the Freedom of Information Act (FOIA), Chapter 22:02. This will be consistent with:- a) s.21 (4) of the PCA Act, which places the Authority under an obligation to keep information and evidence condential; and b) s. 22 (1) of the PCA Act which gives the PCA the powers of a Commission of Enquiry established under the Commission of Enquiry Act “as if it were a commission of enquiry for the purpose of that Act”, as Commissions of Enquiry are exempted under Section 5(1) from the provisions of the Freedom of Information Act (FOIA).• The Firearms Act, Chapter 16:01An amendment to Section 6(2) of the Firearms Act Chapter 16:01 to include the Director and Deputy Director of the PCA and persons duly authorised by the Authority to have in their possession “any prohibited weapon”.

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THE POLICE COMPLAINTS AUTHORITY’S FIFTH ANNUAL REPORT | 87• The Financial Intelligence Unit of Trinidad and Tobago Act, Chapter 72:01An amendment to the Financial Intelligence Unit of Trinidad and Tobago Act, Chapter 72:01 (FIU Act) to include the PCA as a body to which the FIU can direct reports for investigation under section 15 of the FIU Act.• The Special Reserve Police Act, Chapter 15:01Special Reserve Police Ofcers (SRPs) are included in the denition of “police ofcers” subject to the PCA Act. However, the Police Service Regulations (which include discipline) made under the Police Service Act do not apply to SRPs. The lacuna must be addressed and, particularly so, in light of Section 22 (2) of the Special Reserve Police Act, Chapter 15:03 which makes provisions for regulations, inter alia, for discipline and guidance of SRPs.

PCA Annual Report 2014 / 2015

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