Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697807329838.pdf (Jamaica)
July-September 2015 Planned Police Operations I NDECOM continues to examine the circumstance of planned policing operations w here fatalities occur.

The subject w as addressed at a w orkshop in February 2015 w ith senior JCF officers.

I t remains the position that policing operations into people’s homes result in a disproportionate number of the ov erall police related fatalities.
The tactic and requirement for an officer to w alk in to a room in a building for w hich there are no plans, frequently limited or no lighting, nor intelligence or information of w hat is behind the door, exposes both officer(s) and other persons to needlessly high risk.
All the av ailable guidance and police firearms manuals hav e been unambiguous - that making entry to premises to arrest potentially armed suspects is amongst the most dangerous of armed policing operations and should only be contemplated as a last resort.

Further, such attempts should only be made after a specific analysis of all information and all options.
I f the intention and plan is to arrest and bring criminals before the courts, such operations hav e in fact failed in their intentions – and repeatedly and frequently so.

The current data starkly illustrates the fatalities arising from planned policing operations, as opposed to the ‘spontaneous’ shooting incidents.

I n the 28 month period 1 July, 2013 - 31 Oct 2015, the Commission has recorded 320 deaths.

Some 121 fatalities (36%) arose from 117 planned police operations.
For the current year, 1 Jan - 31 Oct 2015, there hav e been 81 fatal shooting incidents.

Of these fatalities, 34 people hav e been shot during thirty planned police operations.

This represents 41% of all fatal shooting incidents in 2015.

A situation has dev eloped w hereby 40 per cent of fatalities are not spontaneous ev ents, but arise from incidents in w hich it is expected such planned operations w ould ensure the safety and life of people w ho are to be arrested and brought before the courts.
I n examining the ev ents for 2015 the I NDECOM notes that ov er half of such planned police operations occur betw een the hours of midnight and 6.00 a.m.

I t is noted that of the 34 fatalities in 2015, 14 fatalities (41%) w ere shot by the Mobile Reserv e. Fiv e (5) of such incidents w ere double fatalities, w hilst the other four w ere single fatalities.

This lev el of disproportionality requires further analysis.
I NDECOM, in seeking to determine the extent of the planning for these operations and ensure compliance w ith the JCF’s ow n Use of Force policy, and Right to Life continues to complete the I NDECOM questionnaire w ith the Div isional Commanders and/or Operational leaders.

The questionnaire is draw n the JCF’s ow n Human Rights and Use of Force and Firearms Policy.

Specifically key tenants of the policy state; 106.


The principle of upholding the ‘right to life’ should be central to all armed operations, hence proper planning is essential.” 109.

The planning of armed operations requires attention to detail to ensure that the operations are undertaken safely and appropriately…..” 112.

Plans should be subject to constant review.


Intelligence updates may lead to variations in the assessed level of threat which will, in turn, require the modification of the plan…all plans should be recorded , this will include consideration of options rejected or progressed together with the reason why such conclusions were drawn and by whom.
I NDECOM note, unfortunately, that no w ritten plans hav e been presented w hich can demonstrate and properly account for the factors w hich could possibly lessen the risk to life.
THE INDECOM QUARTERLY JULY – SEPTEMBER 2015 _____________________________________________________________________________________ I NDECOM’s questionnaire records that ‘plans’ are being prov ided “orally”, or by w ay of “v erbal briefing giv en” or “no w ritten plans seen.” An absence of such plans can lead to public mistrust and suspicion.

Further, w ithout a plan any account can be altered or amended or produced after the ev ent.
I NDECOM notes, as regard the Mobile Reserv e, that their inv olv ement in 14 fatalities, no w ritten plans exist for any of these “planned” police operations, from the v ery Unit w hich w ould be expected to present such documents.

A central tenant of an Article 2, Right to Life inv estigation is the element that “dangerous practices and procedures are rectified”.
A long term goal of I NDECOM is to ensure operational ‘learning the lessons’ are dev eloped, poor operating practices identified and halted and, equally, good operating practices are recognised and shared.

Documented plan holds leaders to account and I NDECOM is desirous of seeing a dow nturn in planned operations w here fatalities are occurring.
2 THE INDECOM QUARTERLY JULY – SEPTEMBER 2015 _____________________________________________________________________________________ Contents I n This Edition of I Q ------------------------------------------------------------------------------------------------------------------- 3 FEATURE ARTICLE --------------------------------------------------------------------------------------------------------- 1 PART ONE New Complaints --------------------------------------------------------------------------------------------------------------------- 7 - - - - I ncident Response Security Force Related Fatalities – List Statistics (Nature of I ncidents/By Parish/Incident Distribution Shooting I ncidents PART TWO Resolv ed Complaints -------------------------------------------------------------------------------------------------------------- 14 Legal Department – Commission’s Reports - - Nature of Completed Reports - Recommendations PART THREE Lessons to be Learnt ---------------------------------------------------------------------------------------------------------------- 15 - De-escalation and Restrain A Situation Alternativ e Considerations/Analysis PART FOUR Cases in Court ------------------------------------------------------------------------------------------------------------------------ 17 - Charges Laid - Cases Completed/Preliminary Enquiries Completed - Cases Adjourned and Reason PART FIVE Public I nformation ------------------------------------------------------------------------------------------------------------------- 18 Press Releases - Meeting: Security Forces and I NDECOM - - Outreach – JCF - Seminars APPENDICES - Status of I nvestigations (I n compliance w ith Section 17(3)(C) of the I NDECOM Act) 3 THE INDECOM QUARTERLY JULY – SEPTEMBER 2015 _____________________________________________________________________________________ In This Edition of IQ: Cover: Planned Police Operations This article explored the lev el of planning and documentation or lack thereof that goes into a planned police
 operation.
Also included is a case study of a poorly panned operation w hich resulted in the loss of life of a civ ilian.

Part One New Complaints: The Commission recorded 184 new complaints, inclusiv e of fatal and non-fatal incidents.

The allegations of “assault” continue to be the most common among all the allegations follow ed by “discharge of firearm”, “shooting injury” and “fatalities.” Incident Response: The Forensic Unit Responded to 85 incidents.
The Jamaica Constabulary Force’s Technical Serv ices Department w as asked to process three (3) scenes in this period.

Security Force Related Fatalities: Tw enty-eight (28) security force related fatalities w ere recorded for the period.

All w ere related to the Jamaica Constabulary Force (JCF).

The Commission recorded 58 non-fatal shooting incidents during this period.

Part Two The Legal Department: The Department completed 63 Commission’s Reports for the period.
I n 35 per cent of the reports “no criminal charge and no disciplinary action” w as recommended for the concerned officer/s.

Disciplinary action w as recommended for 10 per cent of the matters.

Charges w ere recommended in 10 per cent of the matters and 38 per cent w ere w ithdrawn, w hile 7 per cent w ere sent to the Coroner’s Court.

Nature of the Cases Completed: Assault (31), fatal shooting (9) and shooting injuries (8) accounted for a large per cent of the cases completed.
Nine other categories accounted for 11 of the matters.

These categories include unlaw ful search, unlaw ful search, conduct unbecoming, carnal abuse, unlaw ful w ounding etc.

See Figure 8 for all categories.

Part Three Lesson to be Learnt: This section discusses the issue of de-escalation in planned operations.

I NDECOM’s research into the JCF’s standard operation as it relates to planned operations are examined.
Further a case study is presented, outlining the shortcomings of the operation and alternativ es that could hav e been explored.

Part Four Cases in Court: A Table of Cases in Court as w ell as their current status of the period is presented.

Part Five Swearing-In Address of Mr. Terrence Williams: On July 27, 2015, Terrence Williams w as re-instated for a second term as Commissioner of I NDECOM.

His v erbatim speech has been included in this section.
INDECOM Relations with Stakeholders Improving: I NDECOM noted some comments made by Amnesty I nternational in the organization’s Periodic Rev iew of Jamaica published on September 25, 2015.

While the Commission w elcomes the support and encourages robust criticism w here it is due, the Commission though it necessary to clarify some aspects of AI ’s concerns expressed in the Periodic Rev iew .
Public Information: For the period, senior managers of I NDECOM met w ith members of the police high command tw ice.

The matters discussed included: The Tiv iloi Enquiry, body-w orn cameras and shooting statistics.

Sev en press release w ere disseminated to the public through traditional media as w ell as social media.

Outreach Exercises with the JCF: The Commission’s Directors of Complaints conducted none (9) Aw areness exercises for the period.
I n so doing some 300 police officers of v arious ranks benefitted from presentations on I NDECOM, role and functions as w ell as the I NDECOM Act.
4 THE INDECOM QUARTERLY JULY – SEPTEMBER 2015 _____________________________________________________________________________________ PART 1: New Complaints Categorization of New Complaints Jul-Sep. 2015 ASSAULT 57 DISCHARGE OF FIREARM 38 19 21 SHOOTING INJURY FATALITY A UNPROFESSIONAL CONDUCT THREAT FATALITY B DESTRUCTION OF PROPERTY 7 6 5 5 WRONGFUL ARREST SEIZURE OF PROPERTY NEGLECT OF DUTY ILLEGAL ENTRY 4 4 4 4 UNLAWFUL WOUNDING 3 ILLEGAL SEARCH ABUSE OF OFFICE UNDULY LONG DETENTION HARASSMENT FATALITY OTHER DEATH IN CUSTODY CORRUPTION 2 2 1 1 1 1 1 Figure 1: The above chart represents a list of all complaints received for the third quarter of 2015.
0 10 20 30 40 50 60 5 THE INDECOM QUARTERLY JULY – SEPTEMBER 2015 _____________________________________________________________________________________ INCIDENT RESPONSE The Forensic Unit Responded to 85 scenes in the third quarter of 2015.

There w ere 32 request for processing of scenes in September, how ev er for v arious reasons, the Technical Serv ices Div ision (TSD) w ere asked to process three scenes inclusiv e of one (1) shooting injury and tw o (2) discharge of firearm.
I n relation to test fires, four (4) conducted in August, x (x) in July and 6 for the month of September.

Additionally our Ballistics expert produced 11 reports for the quarter.

I N C I DEN T R ESPO N SE J U L .
-SEPT. 2015 8 2 J U L 8 2 A U G 9 2 S E P T Figure 2: The bar chart represents the number of incidents to which the Forensic Unit responded for the third quarter of 2015 Nature of Incident Scenes Processed Jul.-Sept. Fatal Shootings Shooting Injuries Assaults Shooting Incidents Dischage of Firearm Destruction of Property Other Jul Aug Sept Figure 3: Is an illustration of the breakdown of the nature of the scenes to which the Forensic Unit responded for the third quarter of 2015.
6 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ SECURITY FORCE RELATED FATALITIES Date Names of Deceased Location Organization July - 10 15-Jul Jav ier LEWI S 33 Rum Lane, Kingston 18-Jul Kemar ANDERSON DIC Hunts Bay PSTN 20-Jul Dushane GRAYSON Prospect District, Westmoreland 22-Jul Victor VASSELL (Suicide) Dow ns District, Junction, St Elizabeth 24-Jul Dexter BARRETT Low er Parade St, Falmouth Trelaw ny 25-Jul Omar FLETCHER Trinityv ille, St Thomas 28-Jul Timoy ALLWOOD* Roehampton, St. James 28-Jul Shemar LEWI S* Roehampton, St. James 29-Jul Terrence CAMPBELL Norw ood, St James 31-Jul Warren RODNEY 8 White Lane, Kingston 11 August - 8 6-Aug Orane GI LMORE Bond Street, Kingston 16-Aug Nicholas Heron WALFORD Ebezener Lane, Spanish Tow n Rd 20-Aug Omar WRI GHT 1a, Oliv er Crescent, Kingston 13 20-Aug Omar JOHNSON Plum, Red Ground, Cav alier, St Andrew 21-Aug U/K Male Tow n of Falmouth 23-Aug Kaydane HUNTER (Female) 12 Camelot Av e, New Heav en, Kingston 20 27-Aug Royeem GI LLESPI E Melv in Av e, Gregory Park, Portmore 27-Aug Damion DAVI S 15, Espeut Av e, Kingston 11 September - 10 7-Sep Andrew Gayle Trench Tow n, Kingston 12 10-Sep Mathew Wellesley 8 Logw ood Park, Kingston 8 13-Sep Alton Maxw ell Caymans Gardens, St. Catherine 17-Sep Lushane Jones 21 Glenumuir Housing Scheme, Clarendon 18-Sep Andre Foreman 2 Fleet Street, Kingston CSO 19-Sep Barrington Steele I ntersection - Hagley Park Rd & Maxfield Av e 24-Sep Chadrick Morgan* 3rd Av enue, Vineyard Tow n, Kingston 10 24-Sep Antony Grant* 3rd Av enue, Vineyard Tow n, Kingston 10 25-Sep Kev in Sylv ester Highlight View , Papine Kingston 6 29-Sep Malcolm Kerr Burnt Sav annah Main Road, St. Elizabeth Deceased is a part of a double fatal incident* JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF JCF 7 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________
Fatal & Non Fatal shootings Jan. - Sept. 2015 12 11 10 9 8 8 8 8 8 10 7 6 6 6 6 5 3 2 January February March April May June July August Sept Oct Nov Dec S L A T O T .
S G N I T O O H S L A T A F N O N D N A L A T A F 14 12 10 8 6 4 2 0 Fatalities Non Fatal 12 6 2 6 10 3 11 6 6 9 8 8 8 5 8 8 10 7 JAN - DEC 2015 Fatalities Non Fatal Linear (Fatalities) Linear (Non Fatal) Figure 5: Shows the nature of shooting incidents ad gives a comparison of fatal and non -fatal.

Security Force Related Fataltities by Parish Jul.


Sept. 2015 0 0 0 0 0 1 1 1 St. Ann Portland St. Mary Manchester Hanover Clarendon St. Thomas Westmoreland St. Elizabeth Trelawny St. Catherine St. James 2 2 2 3 Kington & St. Andrew 16 0 2 4 6 8 10 12 14 16 18 Figure 6: Shows the number of fatalities for the period in relation to the parishes.
8 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ - PART 2: Resolved Complaints The Legal Department Commission’s Reports Commission's Report Completed Jul.-Sept. 2015 29 JUL 25 SEPT 9 AUG Figure 7: Shows the number of Commission’s Reports completed for the period.
Completed Commission's Reports: Nature of Cases Jul.-Sept. 2015 9 8 31 Assaults Fatal Shooting Shooting Injury Unlawful Seizure Unlawful Search Other Unprofessional Conduct Unlawful Detention Conduct Unbecoming Carnal Abuse Unlawful Wounding 2 2 1 1 1 1 1 1 0 Figure 8: Shows the nature of the matters on which Commission’s Reports were prepared for the third quarter of 2015.
9 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ RECOMMENDATIONS Recommendations of the Commission Jul.-Sept. 2015 2, 7% 3, 10% 3, 10% 11, 38% Complaint Withdrawn No Charge/ No Disciplinary Action Charged Disciplinary Action Coroner's Court 10, 35% Figure 9: Shows the recommendations of the Commission in relation to the Commission’ s Report completed for the period.
10 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ Recommendation of the Legal Department – Jul-Sept. 2015 No Allegation Summary Recommendations 1 Assault I t is alleged that the complainant w ho w as person of interest w as picked up by soldiers and police and beaten enroute to the Police Station.

Sev eral months later he w as assaulted by the same soldier.

The file be closed as the complainant has w ithdraw n the complaint.
Unprofessional Conduct Without cause the complainant’s v ehicle w as searched and his license firearm confiscated.

The file be closed as the complainant has w ithdraw n the complaint.

Unprofessional Conduct A police officer used indecent language against him and did the same.

He w as arrested; but his mater not called up at court.

The file be closed as the complainant has w ithdraw n the complaint.
The complainant, Dw ayne Walker, alleged that on Monday the 14th of Nov ember, 2011 police officers conducted a search of his home and confiscated a number of items.

The officers informed his mother that they w ere searching for drugs.

The police officers did not giv e him a receipt, neither did they explain the reason for taking his The complainant contends that property.

on the 16th of January, 2012 w hilst w alking in her community she w as assaulted and threatened by a police officer.
Unlaw ful Seizure of Property (Withdraw n) Assault Conduct Unbecoming Assault Occasioning Actual Bodily Harm I t is hereby recommended that no criminal charges be laid or disciplinary action taken against the concerned officers in respect of this complaint.

The file is hereby closed as unsubstantiated.

I t is hereby recommended that no criminal charges be laid or disciplinary action taken against the concerned officer in respect of this complaint.
I t is hereby recommended that no criminal charges be laid or disciplinary action be taken against the concerned officer in respect of this complaint.

The Complainant alleged that on the 24th of October, 2011 w hilst in custody at the St. Ann’s Bay Police Station, he and a n o t h e r detainee w ere engaged in an altercation, and w hen the altercation ended, Cons.

James used a baton to beat him causing injuries.


The police officers contend that Mr. Laing received his injuries during the fight betw een himself and another detainee, and force w as used on the detainees to stop them from fighting.

7 Assault The complainant reported that he w as questioned and beaten and then releases w ithout charge.

The Commission humbly recommends that the inv estigation be closed unless or until the complainant cooperates w ith the inv estigation.
11 3 4 5 6 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ 8 Assault 9 Shooting Injury 10 Shooting Injury 11 Fatal Shooting, Shooting Injury 12 Fatal Shooting The inv estigation is closed.

No criminal charges or disciplinary proceedings are recommended.
The complainant w as a remandee at the Horizon Adult Remand Centre, in May of 2014 he w as ingaged in a fight, the police station responded and the complaint and others w ere struck by the police.

While statements w ere collected from the complainant and the concerned officer, to date no medical certificate had been produced.

Further, there w as no ev idence of improper conduct by the police.

No criminal charges be laid or disciplinary action be taken against the concerned officer.
No criminal charges be laid or disciplinary action be taken against any member of the Jamaica Constabulary Force JH w as shot and injured by police in Trelaw ny on March 18, 2013.

The police claim self-defence and there is no ev idence uncov ered by inv estigation to negativ e police’s v ersion.

CB w as shot by the police at his home in Flankers on October 22, 2011.

Said he w as aw oken by three police officers w ho told him to get up from bed and face the w hile.
He w as shot w hile trying to face the w all.

He alleges further that the police placed a gun in both his right and left hand and fired it.

No criminal charges be laid or disciplinary action be taken against the concerned officers.

On June 1, 2013, deceased, AK w as an accomplice to Robbery w ith Aggrav ation committed against the Ray Ray Store in Sav anna-la- Mar.

AK w as shot by police w hile engaging gunfire.


Deceased DB, American Citizen w as killed by the police during the course of the shoot-out betw een AK and the Police.

JC w as also shot and this injured confrontation.

during them in No criminal charges be laid or disciplinary action be taken against the concerned officer.

Matter to be referred to Special Coroner.

in Deceased w as shot by police officers the PC Bank of Cambridge, St. James on July 20, 2010.
Police allege that deceased had a knapsack bag in hand w hich he held menacingly threatening to shoot them.

Fearing for their liv es, one officer discharged tw o rounds at deceased.

Video ev idence to support police v ersion.


12 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ 13 Fatal Shooting 14 Assault 15 Assault 16 I nflicting Griev ous Bodily Harm No criminal charges be laid or disciplinary action be taken against the concerned officer.

EG w as shot and killed by the police on April 15, 2014 in Brow n’s Tow n St. Ann.

There are no w itnesses to the incident.


Police allege that they w ere ambushed by EG w ith a knife in the night hours w hile they w ere on foot patrol at the Hill Cov e Preparatory School.

AC alleges that he w as in a fight w ith a w ard at Hill Top Correctional Centre on October 9, 2015 w hen w arders came to quell the fight.

A w arder punched AC on the mouth causing a w ound w hich bled.

Correctional Officer R.C.

Brow n to be charged for Assault Occasioning Actual Bodily Harm.
Disciplinary action be taken against Constable Andrew Hudson.

JC on March 2, 2013 w as selling on St. James Street w hen she saw police officers approaching.

She left but had forgotten one of her bags.

When she returned, she saw bag in police officers custody and tussle dev eloped.

During this tussle, a police officer held her throat and squeezed it.
I t is hereby recommended that Constable Liston Wauchope, attached to the Christiana Police Station, be charged for the offence of I nflicting Griev ous Bodily Harm contrary to section 22 of the Offences Against the Person Act.
I t is also recommended that the Commissioner of Police causes such internal disciplinary proceedings as are fit and proper to be instituted against Constable Wauchope to determine w hether he breached paragraphs 14 and 18 of the JCF Use of Force Policy, and Chapter 23 of the JCF Standing Orders.
I t is alleged that on October 27, 2010, at approximately 2:30 p.m., a group of police officers attached to the Christiana Police Station w ere led on special operation to the Holmw ood Technical High School based on reports from the school’s administration that students at the school w ere allegedly in possession of kniv es, firearms, drugs and other prohibited articles.
Mr. Daw rick Tyndale, a student at the school, alleges that Constable Liston Wauchope, a member of the police party, assaulted him inside a classroom on campus and again w hen he w as arrested and taken to the Christiana Police Station.

13 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ 17 Assault; Unlaw ful Arrest.
Leaford Farquharson alleges that on January 28, 2012, he attended his uncle’s w ake at Russell District, Saint Elizabeth.

While there, police officers v isited the w ake, accosted his sons and w hen he made enquiries of the officers, they Assaulted him by striking him sev eral times w ith a baton.
I t is hereby recommended that Constable Bryan Williams, of the Santa Cruz Police Station in the parish of St Elizabeth, be charged for the offence of Unlaw ful Wounding contrary to section 22 of the Offences Against the Person Act.
The Commission also recommends that the Commissioner of Police causes such internal disciplinary proceedings as are fit and proper to be instituted against Constable Bryan Williams to determine w hether he breached paragraphs 14 and 18 of the JCF Use of Force Policy, and Chapter 23 of the JCF Standing Orders.
I t is further recommended that internal disciplinary proceedings also be instituted against District Constable Jerome Facey to determine w hether he breached paragraph 29 of the JCF Use of Force Policy.

18 Shooting I njury I t is hereby recommended that no criminal charges be laid or disciplinary action taken against any of the concerned officers.
Jerome McKenzie w as shot and injured by the concerned officers w hen he (and an accomplice) attempted to rob the driv er of a Honda Civ ic motor car, and fired sev eral gunshots at the driv er, and the police w ho attempted to apprehend him.

Jerome McKenzie fled the scene but w as pursued and captured.

One (1) 9mm pistol w ith a magazine containing unexpended cartridges w as recov ered from him.
19 Assault (Withdraw n) On August 1, 2012, he w as at Salt Riv er in the parish of Clarendon w hen he became inv olv ed in an altercation w ith the driv er of a motor car.

About six (6) w eeks later he w as accosted by the said driv er w hile he w as exiting the May Pen Resident Magistrate’s Court.

The driv er identified himself as a police officer.

He w as taken to the May Pen Police Station w here he w as assaulted by the said officer.
I t is recommended that no criminal charges be laid or disciplinary action taken against any member of the Jamaica Constabulary Force in respect of this complaint.

The matter is hereby closed as unsubstantiated.


14 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ 20 Assault; Unlaw ful Arrest (Withdraw n) 21 Unprofessional Conduct (Withdraw n) 22 Fatal Shooting 23 Assault (Withdraw n) I t is recommended that no criminal charges be laid or disciplinary action taken against District the concerned officer or any other officer in respect of this matter.

The file is hereby closed.


On August 31, 2012, at about 1:00 p.m., he w as inv olv ed in an altercation w ith a bartender at a bar in Balaclav a, Saint Elizabeth.

During the altercation, District Constable Rance de Lev ante (w hom he knew prev iously) accosted him, accused him of instigating the altercation w ith the bartender, and arrested and charged him for certain offences.

He also alleges that during the arrest, D/Cons.

Rance de Lev ante slapped him in his face and threatened to shoot him.
I t is recommended that no criminal charges be laid or disciplinary action be taken against the concerned officer.

The matter is hereby closed as unsubstantiated.

1.

The Commission hereby recommends that no criminal charges be laid or disciplinary action be taken against constables the concerned officers.

2.

The file be forw arded to the Special Coroner.

I t is hereby recommended that no criminal charges or disciplinary action be taken against the concerned officer.
On October 25, 2011, he w as driv ing his motor car along Highw ay 2000 w hen he w as signaled to stop by a police officer.

He complied w ith the officer’s signal.

The officer approached his motor v ehicle and enquired of him, in the presence of a passenger w ho w as sitting in the front passenger seat of the v ehicle, w hether he had a firearm about his person or aboard the v ehicle.
Mr. Constantine exited the v ehicle and explained to the officer that by asking him that question in the presence of another occupant of the car, w as irresponsible and potentially compromise d his security as a priv ate firearm holder.

On the 31st day of March, 2012, Dw aine Anthony Smith, w as fatally shot by officers from the Hunts Bay Police Station.

I t is alleged that the deceased fired upon them.

A firearm w as recov ered.


The complaint alleges that the officer, subsequent to a traffic stop, held onto him and started beating him.

The officer how ev er states that the complainant, in a bid to escape from him.

The complainant is currently before the court of attempted murder.
The matter w as subsequently w ithdraw n. 15 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ 24 Assault/Threat (Withdraw n) 25 Assault (Withdraw n) The complainants allege that there w ere constantly being harassed by the police follow ing the death of one of their friends.

The matter w as successfully mediated I t is hereby recommended that no criminal charges or disciplinary action be taken against the concerned officers.
I t is recommended that that no criminal charges or disciplinary action be taken against the concerned officers.

The complainant alleges that on January 4, 201, a number of police officers v isited his premises to conduct a search.

Follow ing the search, he indicates that one of the police officers held him by his throat, pushed him in a corner, placed a handgun to his head and threatened to kill him.
16 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ PART 3: Lessons to be Learnt De-escalation and Planned Operations The Commission has noticed that historically a significant amount of casualties from the Police use of firearms are the result of w hat is termed "Pre Planned Operations".
Anecdotal ev idence from the analysis of Police shootings ov er the 2012/13/14 period show ed considerable and surprising loss of life from situations brought about in such “controlled” operations w hich might hav e been av oided.

I n short liv es could hav e been sav ed from a w ider and more comprehensiv e tactical approach taking into account human rights- the right to life.
The trend in those periods has also show n us that planned firearms operations resulting in loss of life appear to be de-escalating or reducing through into 2015 and current focus is on deaths relating to Police use of firearms related to liv e crimes in action and felons armed and resisting arrest.

There are of course clear exceptions to this.

I ndecom is aw are the pre JCF planned firearms operation has a number of particular facets.
I t inv olv es JCF pre planning and the inv olvement of intelligence assets and other staff from the I slands resource pool both in and actually on the raid.

Our research indicates the great majority of pre- planned Firearms Operations from the periods outlined are termed "cordon and breach".

The JDF/JCF form an outer cordon and a small armed team solely from the JCF enter the building by force to engage the alleged suspect(s) directly.
Experience from other I nternational Police Forces show this as a v ery high risk option due to historical incidence of death, injury or collateral damage.

I t has resulted ov er time in other law enforcement agencies changing and adapting their tactics.

These operations also, as a consequence, leads to the greatest amount of public outcry and suspicion around w hat takes place in the incident.

I t actually serv es to degrade public confidence in law enforcement.
Ev idence that a significant offender has been addressed does not alw ays accompany the final result.

The Commission has many of these particular cases under inv estigation both historical and current going forw ard.
17 We underpin and pursue in our inv estigations the ongoing decisions in the Strasbourg Courts in relation to human rights and the use of firearms in that there should be a range of av ailable tactics and options, specialist adv isors, and negotiators av ailable, extensiv e record keeping, operational orders and risk assessments for accountability, dev eloped chains of command for responsibility and highly experienced staff used in such operations.
We w ould urge the presence of Operational Orders, casing and risk assessment documents to be clearly identified and retained for detailed specified periods by managers as a matter of day to day routine and inspection in internal or external audit/rev iew.

Firearms tactics should form an important and integral part of transparent Police planning.
Better planning and tactical approaches may inv olv e containment w ith negotiation, allow ing the suspect time to surrender, surv eillance then arrest and other more sophisticated and managed approaches w hich are all av ailable to JCF and w ould greatly reduce loss of life to alleged suspects and reduce risk on Police Officers.
We believ e that continuing transparency in these actions is v ital to w in continuing public support for actions undertaken and continue the dow nw ard trend in Police related firearms death.

CASE STUDY Scenario: Year 2015 The deceased man is alleged to hav e been w anted and sought by the Police.

They gain information as to his location.

Tw o police officers conduct a recce and said they saw him w ith tw o w omen at the location of a single w ooden house/room.
They return to their station of attachment and an operation appears to be mounted by a senior police officer.

Three assigned police officers then return to the single room building w ith military support.

They reported that they knocked on the door before they proceeded to force it open w hen there is no answ er.

A shootout then alleged ensured betw een themselv es and the deceased man and he dies in a hail of bullets.
THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ This is a particularly good example of a poor police operation, w ith no control simply a forced entry and a largely expected gun battle and death.

Little thought to a planned containment operation and human rights.

I t does not appear they has a search w arrant.

The existence of any other w arrant is not v alidated in the file.
These actions need to be addressed w ith the actions below and speaking to the senior officers inv olv ed.

They hold accountability and responsibility for the largely unnecessary loss of life.

18 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ PART 4: Public Information Swearing in Address On July 27, 2015, Mr. Terrence Williams was sworn in as Commissioner of INDECOM for a second term.
In his remarks he made a commitment to the people of Jamaica to hold the Commission to the highest standard in an effort to earn public trust and confidence in INDECOM’s ability to effectively carry out its mandate.

Commissioner Williams’ Remarks: I NDECOM w as founded on principles.

Primarily that ev ery human life is important.

Equal importance to the life of the urban or rural young man’s to the policeman’s, from the prominent man’s to the man w ho w ields little influence.
This principle demanded that w e inv estigate ev ery taking of life by an agent of the State w ith similar resolv e, care and tenacity.

This w as not our only w ork but the major part of our w ork.

I t is the reason w hy w e w ere created.

Our larger task is to support Security and Justice for Jamaica by ensuring, through accountability, that the important State agencies that ought to hav e a monopoly on the use of force are good, honest and fair.
I n the first fiv e years the staff at I NDECOM w as tasked to establish this accountability framew ork.

They w ere required to bring the rev olutionary change that the Act of Parliament intended; that the prayers of many had aspired to.

The journey, though riddled w ith opposition, danger and uncertainty, w as approached w ith confidence and pride.

Pride that w e hav e the opportunity to make a meaningful contribution to our homeland.
Confidence that our efforts w ould not be a mere drop in the ocean but be like “the mighty ocean in a single drop”.

I am personally honoured and grateful to be giv en the chance to continue this important w ork.

Leading the men and w omen of I NDECOM has been the most significant undertaking of my professional life.

I NDECOM is the partner of the good policeman, the good soldier, the good correctional officer, not their adv ersary.
I t is important to emphasise this truth in the face of arguments that a police officer conscientiously performing his or her law ful duties, should now be hobbled by anxiety because of the prospect of our inv estigations.

Policing and Security in Jamaica hav e been difficult for many years.

Most young men and w omen w ho join the forces dedicate themselv es to serv ice of their country despite the arduous conditions.

Their duties are fraught w ith danger and the conditions are not alw ays ideal.
All Jamaicans are indebted to them.

We must recall that the nation has suffered high rates of murder and other crimes for generations.

Jamaica needs professional policemen, soldiers and correctional officers; an efficient justice system and the cooperation of all its citizens.

The security of our people is the great desire of all Jamaicans.

I n these efforts w e continue to hav e the great support of our partners in the international community.
The British gov ernment, primarily through DFI D, the United States gov ernment, the European Union, the Canadian gov ernment and the UNDP giv e great material support and encouragement.

I t is important and w elcome.

The toil must how ever be ours.

Effectiv e policing depends on the public’s collaboration.

Sadly, the good w ork and dedication of many may be marred by the corruption and oppression of a few members.
Public trust can only be founded on a perception that the law enforcer is himself law ful.

Force that is reasonable and proportionate w ill be respected; oppressiv e and arbitrary force resented.

This is w here I NDECOM comes in.

The independence of our inv estigations is aimed at fostering public confidence in its result.

That possible improper conduct may be detected and then put before the court, w ill contribute to improv ed public confidence in Jamaican Justice.
19 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ The I NDECOM inv estigator is similarly committed to serv ing his country in difficult conditions.

They are dedicated to giv ing a professional, efficient and courteous serv ice.

They are not ‘out to get’ anyone; only out to get to the truth.

On many occasions our inv estigations hav e exonerated agents of the State.
A police officer, soldier or correctional officer w ho follows their training and obeys their Forces’ policies hav e nothing to fear.

The law does not seek to penalize honest errors in judgment.

The “I nformer Fi Dead” culture is a curtain behind w hich criminals may hide; similarly the “Squaddie” culture may operate for bad policemen, soldiers and correctional officers to misuse their strong and proud fraternity to conceal improper conduct.
The good officers must not by their silence or by the uttering of falsehood, permit this to happen.

Let I NDECOM the JCF, the JDF and Department of Corrections grow in goodness w ith public support building on a foundation of accountability and fairness.

This must be the right w ay; the sustainable w ay.


END ________________________________________________ INDECOM Relations with Stakeholders Improving I NDECOM notes the comments in Amnesty I nternational’s (AI ) statement on the Periodic Rev iew of Jamaica published on September 25, 2015.

The Commission w elcomes the support of AI and continues to encourage robust commentary and dialogue on the issues affecting the Commission.
I n the same breath w e find it necessary to share information that w ill shed some light on an aspect of the report.

Excerpt: Amnesty International welcomes the establishment and work of the Independent Commission of Investigations (INDECOM) and note the decline in killings by state agents in 2014 compared with 2013.
However, local human rights organizations continue to express concern over obstacles faced by INDECOM in carrying out its functions, including lack of cooperation from members of the police force, and under- resourcing.

As recommended during the review, Human Rights Council, Draft report of the Working Group on the Universal Periodic Review – Jamaica, A/HRC/30/15, recommendation 120.46 (Australia).
Jamaica should provide INDECOM with the necessary financial and human resources to effectively carry out its mandate, including for timely ballistics and forensic analysis.

The I ndependent Commission of I nv estigations (I NDECOM), being a v ery important and v ery young organization has unique, how ever, not insurmountable challenges.
The Commission pays close attention to its internal and external relationships, that is, relations w ith its staff members as w ell as stakeholders in an effort to carry out its mandate effectiv ely.

Germane to these efforts are consistent dialogue w ith stakeholders, putting measures in place to facilitate constructiv e exchanges w ith members of the security forces, and continuous negotiations for staff and funding are at the foundation of our effectiv eness.
With this in mind, w e adopted a posture of optimism and cooperation w ith all the stakeholders and this has serv ed both sides w ell thus far.

These modes of cooperation include regular meetings and exchanges w ith the police high command and ev en more regular interaction w ith the member of the security forces in the form of outreach exercises.
These outreach interactions are a part of our long term plan to maintain a relations ship of cooperation and mutual respect w ith our constituents, that is the members of the security forces and the public.
Consequently, w e hav e instituted a self-imposed target of 3600 contact hours of information sharing and exchange during these outreach exercises annually, this task is administered by the 20 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ Director of Complaints for the regions they serv e. Additionally, in the production of The I NDECOM Quarterly, the Commission and the police high command cooperate a section of the publication called “Lessons Learnt” w here a case study w ould be featured and the possible lessons to be learnt are v entilated.
This publication is then tabled in Parliament.

While w e are challenged by the shortage or resources both human and otherw ise, w e are in constant dialogue w ith the gov ernment and our international partners in an effort to address staff increase by 25 per cent in the coming months.

More recently w e hav e been giv en approv al to hire a full-time ballistics expert to bolster the number of matters dealt w ith on a monthly basis.
This w e foresee w ill end in cases being completed in a shorter period as the delay in getting ballistic certificates w ould hav e been halv ed.

I nv ariably, w ith new staff comes the need to train.

We benefit from training programmes offered and administered through our international partners.

Most recently, 8 members of staff from I NDECOM benefitted from training offered by US Embassy in Guidance Softw are certification for EnCase Digital Forensic.

Guidance Softw are, I nc.


is a public company founded in 1997 and has its Headquarter in Pasadena, California, USA.

The company dev elops and prov ides softw are solutions for digital inv estigations.

The training w as deliv ered in tw o w eeks in July 2014 at the Colin Pow ell Residential Plaza in Kingston.
The Commission is cognizant of the fact that our success, w ill turn on our ability to sustain relations coloured by mutual respect, and transparency w ith the members of the security forces, the public and our staff members.
With this in mind, the Commission, it is expected, w ill grow in capacity and strength and by extension efficiency  Members of INDECOM’s Operational Team who benefitted from training in software certification for EnCase Digital Forensic and representatives from the US Embassy who administered the training.

21 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ Press Releases 1.

Update into the assault of Kemar Anderson 2.


Statement: Death of W. Constable 3.

Crystal Thomas and Cons.

Curtis Lew is I NDECOM probes death of civ ilian in Trench Tow n 4.

5.

I NDECOM probes death of unidentified man in Glenmuir I NDECOM probing fatal shooting in Kingston 6.

JCF member conv icted 7.

I nv estigation into the death of Cons.


Lynden Barrett completed __________________________________________________________________ Awareness Exercises An Awareness Exercise being conducted at the Mobile Reserve by Director of Complaints, Nigel Morgan.

Meetings: Security Forces and INDECOM For the third quarter of 2015, senior managers of I NDECOM and members of the police high command met tw ice.
On July 2 the I NDECOM tea met w ith the Commissioner of Police w here the follow ing matters w ere discussed: The Tiv oli Enquiry - - Draft Protocols regarding statements - - Security issues related to I NDECOM Staff Shooting statistics - Body w orn cameras On September 3, the Commission’s Operational team met w ith members of the police high command w here they discussed draft protocols regarding statements and plans for regular Aw areness Exercises w ith all ranks w ithin the JCF.
22 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ Outreach Exercises with the JCF Unit/Div ision/St ation St. Andrew North Area 5 Commanders St. Andrew Central Div .
St. Thomas Police Div ision Freeport Police Station Negril Police Station Jew els Runaw ay Bay Area Tw o HQ Lucea- Youth I nformation Centre Date 2015 09-02 09-07 09-23 09-29 09-06 08-14 08-25 08-09 09-28 Group size 21 Contact Hours 2 23 31 42 26 20 65 28 44 2 4.5 3 4 2 1 3 2 23 THE INDECOM QUARTERLY JULY-SEPTEMBER 2015 _____________________________________________________________________________________ Part 5: Cases in Court List of Cases in the Resident Magistrate’s, Circuit and Coroner’s Court 24 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Court Defendant(s) Reasons for Adjournment No Name of Virtual Complainant or Deceased Type of Complainant (fatal/non-fatal etc.)
1 Glendon Gordon, Glenroy Gordon & Patrick Cunningham N/A Murder 2 Carl Allen N/A Murder 4 5 Floyd Edwards Sheldon Williams Evon Baker 6 7 Vanessa Wint 9 Ricardo McKenzie Murder Murder Murder Suicide Unlawful wounding & Manslaughter N/A N/A N/A N/A Constable Bruce Martin; Sergeant Christopher Mattis & Sergeant Craig Vassell First date Before Court All Dates before the Court for the Quarter 10.08.15 to 21.08.15 Inquest held.
Next date set for October 20-23, 2015 19.08.15 19.08.15 Inquest held but was told not to attend .

I would be given the next date to attend.

13.07.15 Special Coroner - Clarke's Town Spl.

Coroner - Kgn Special Coroner - St. Ann Special Coroner Spanish Town RM 30.06.1 4 28.01.1 4 21.09.15 03.08.15 & 18.09.15 Defence Attorney was abroad on 03 Aug 15 and sent a rep.
The case was next set for mention on Sep 18, 2015 where a firm Prelim date is now set for Feb 8, 2016 Page 1 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 10 Vanessa Kirkland Andrew Smith & Ann- Kay Bailey Murder Home Circuit 19.05.1 3 21.09.15 21.09.15 the scheduled start of the matter was adjourned until February 15, 2016.

It must be noted that we have been complied with all request made by the DPP's Office and have submitted a completed file for the furtherance of the matter.
It was borne out in court , however that the Crown failed to provide the defence and the court with an indictment, hence the defence complained that some amount of unfairness to then would exist should the trial commence.
Justice Lloyd Hibbert, seemingly very disturbed, stated that he has observed several failings in the way that the Office of the DPP treat matter that comes before the court and said that he was not willing to proceed with the matter until the relevant submissions have been made by that office.

Bail was extended for the accused and the witnesses present were advised of the new trial date, INDECOM's Investigator and Forensic Examiner who were present were bound over.
Page 2 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Manslaughter Montego Bay RM 26.09.1 4 18.8.15 & 28.9.15 11 INDECOM o.b.o.

Mario Deane District Constable Marlon Grant; W/Cpl.

Elaine Stewart; Woman District Constable Juliana Clevon 12 Desford Hewan Corporal Omras Lindo Malicious Destruction of Property Montego Bay RM 29.01.1 4 19.08.15 & 27.08.15 18.08.15 Clerk, Mr. England reqested time to search for certain documents and to submit writ for another witness.

28.09.15.
28.09.15.

Prelim set for December 7, 2015 based on request of the clerk Ms. Henry who needed time to continue to search for certain documents relating to the custody of the accused men.

19.08.15 matter mentioned.

On this day case was set for trial on 27.08.15 to accomodate witness Ms Edmonson who was visiting from the states.

However the defendant's lawyer was not in court owing to a death in the family.

Trial date set for January 11 - 12, 2016 because the conern officer lawyer was not in court.
13 Fabian Belnavis Constable Christopher Murphy Assault OBH Half Way Tree RM 30.01.1 3 Page 3 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 14 Valbert Salmon Corporal Selvin Williams Murder Sant Cruz RM 10.09.1 4 07.07.15 & 29.09.15 07.07.15 The captioned matter was set for prelim in the Santa Cruz RM Court.

The presiding Magistrate was His Honour Mr. Chester Crooks, who had both his and his sister's lists.
All witnesses were present except Miss Kayon Davis (on vacation leave) and Supt.

Karina Powell- Hood (the eye-witness), who had an emergency and was unable to attend.

Owing to the unavailability of space and Magistrates, the matter was set for a special sitting on September 29th.

Bail was extended for Mr. Williams and witnesses present were bound over.
29.09.15 29.09.15 Page 4 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Murder Home Circuit 07.01.1 4 27.07.15 16 Trevor Edwards Woman Constable Alecia Jones; Constable Roan Dennis; Constable Zabdiel Dewar 17 Christopher Hill 18 Dujon Robinson Cons.
Ricketo Graham Constable Mesheck Palmer & Constable Surano Bird Murder St. Ann Circuit 19.07.1 14.10.15 3 Murder Montego Bay RM 28.08.1 4 10.08.15 & 15.09.15 Page 5 of 22 27.07.15 (trial) The accused persons were all present along with their Defence Counsel.

Counsel Reid -Cameron held for P. Champagnie and Consel Kennedy held for C. Townsend.

Trial could not start as there was a trial involving Crown Counsel Jeremy Palmer which was to continue within the week.
The next available court date would be in September 2015 but all defence lawyers have matters pending for September term.

They agreed for Monday January 18, 2016 for trial.

The Crown requested that summonses be issued to all witnesses.

10.8.15 Defence stated there were elimination fingerprints, DNA Analysis and Swabs from the deceased were outstanding so matter as set for mention.

15.09.15 Matter set for mention on October 13, 2015.
The clerk requested another date to receivethe DNA analysis results and to properly peruse the file.

LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 19 Martin Shand 20 Cassius Mullings Kevin Spence Constable Romain Delahaye; Constable Damon Robinson & Sergeant Leford Gordon Constable Ricardo Whittaker Insp.

Fitzroy Rhoden Murder Home Circuit 08.04.1 4 24.07.15 24.07.15 Adjourned.

Matter went before Judge Mrs. Lorna Shelly-Williams.
Next date set for October 16, 2015 Manslaughter Lucea RM 25.02.1 4 25.08.15 Asssault obo Harm St. Ann's Bay RM 27.11.1 4 14.07.15 14.07.15 Kindly note that the matter was listed for trial in the Saint Ann's Bay RM Court .

Counsel Mrs. Neita Robertson was not in attendance.

The accused informed R.M.

Tito Wilson that she was engaged in a matter in the Court of Appeal.

Mr. McKenzie indicated that the prosecution was ready.

Certified medical certificates of Kevin Spence were served on the accused.
The accuse's bail was extended.

Matter set for trial on October 14, 2015.
22 Barrington McAnuff Constable Victor Mitchell; Constable Murder Montego Bay RM 27.11.1 3 Page 6 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 23 Tristan Brydson; Andrew Brydson & Kingsley Green 24 Ruth Budhoo Andrew Hudson Constable Damane Campbell & Constable Kenroy Hines Corporal Wycliffe Williams 25 Private Kevin Gardener Kevin O'Connor Murder Trelawny Circuit 15.08.1 3 Assault obo Harm & Unlawful Wounding Murder Montego Bay RM 18.12.1 3 St. Catherine Circuit 28.03.1 4 28.09.15 28.09.15 Crown Counsel Diane Thompson indicated that she needs more time to put the deceased man's (Christopher Pattie) statement as evidence in the trial.
Defence counsel also expressed reservation in commencing the trial while the Tivoli Enquiry is taking place, indicating that his client was a member of the Jamaica Defence Force team during the Tivoli incursion.

Matter set for trial on the 16th day of September, 2016.
27 Saint O'Bryan Downie Constable Wayne Hamil Shooting with intent Lucea RM 06.05.1 4 Page 7 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Murder; Neglect of Duty Flamouth RM 06.02.1 4 20.07.15 28 Kamoza Clarke District Constable Alwayne Eccleston; District Constable Desmond Lawrence; District constable Onecko Brown; District constable Triston Palmer & Sergeant Derrick Henry Page 8 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 29 Nakeia Jackson Special Constable Leighton Rose Murder Half Way Tree RM 12.02.1 4 14.09.15 14.09.15 The matter involving Police Officer Leighton Rose for the Murder of Nakeia Jackson was again mentioned in the Half-Way-Tree R.M.
Court yesterday 14.09.2015 before your honour, Ms. K. Grant.

The Clerk of Court was Mr. Dyer.

The Evidence for one of the witnesses, i.e.

Clinford Elvin was taken but not complete.

The matter has been postponed to the 30th of November 2015 and on that day, the cross- examination will be done with Clinford Elvin.

Witness, Sandra Samuels will also be giving evidence on that day.

DoC Nigel Morgan was also present.


Page 9 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 30 Jessica King Constable Lincoln McKoy Murder Portland Circuit 04.09.1 3 24.07.15 & 30.09.15 24.07.15 (Case Management Hearing) Accused was present along with his new counsel, Mr. Carlton Collman.

Accused lawyer told the court that he needed disclosure and the court told him on September 11, 2015 and he will make a bail application on next date.
30.09.15 (Mention) accused was present along with his legal representative.

Defence Counsel told the court that he received disclosure but the CDs were absent.

The Court received Mr. McKoy's previous file, including the copy of the CDs and it was handed over to Mr. Collman.

Mr. Collman will review the material ad make a bail application on next date.

32 Ian McPherson Cons.
Oral Morris Robery with Aggravation & Shooting with Intent Gun Court 18.11.1 3 Page 10 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 33 Sophia Foster obo Omar Marshall Constable Christobel Smith & Constable Gareth Davis Murder HWT RM 13.08.1 4 19.08.15 34 Christopher Thompson 35 Conroy Edwards Constable Gaynor Taylor Constable Neil Gordon Murder Sav-la-mar RM 28.08.1 Murder HWT RM 4 10.10.1 4 08.09.15 19.08.15 Present were Defence Counsel, witnesses and the investigatng team.
The matter was called up but had to be rescheduled for November 9, 2015 because there were other matter that took priority.

08.09.15 Witnesses cannot be located new prelim date set for December 8, 2015.

Subpeanas issued for other witnesses.


Page 11 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 36 Garfield Coburn Constable Kevon Gordon Murder HWT RM 16.03.1 5 22.07.15 & 28.08.15 22.07.15 The matter involving Kevon Gordon (Lawrence Tavern) was set for preliminary today in Court 6 (Half-Way- Tree).

The Judge was Ms. Kaysha Grant.

The defence lawyer is Mrs. Valerie Neita- Robertson.

The Clerk of Court was Mr. Dyer.


Mrs. Neita- Robertson indicated that the file was incomplete and disclosure was not yet done.

Mr. Dyer indicated that he is not yet in receipt of the completed original file from INDECOM.

It has been postponed to August 28, 2015 for mention.

Page 12 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 37 Garfield Coburn Constable Dain Reid Perverting the Course of Justice HWT RM 19.03.1 5 29.07.15 29.07.15 Matter was listed for trial today in Court 4.
However, the list was heard before RM Wolfe-Reece in Court 1.

The accused was present but his Counsel, Mrs. Neita-Robertson was absent.

After the matter was stood down, the accused submitted dates for trial.

Mrs. Dawkins was bound over.

The accused's bail was extended.

I indicated to the court that the prosecution was ready and the witnesses are available.

I also clarified the issue of the court's missing copy file which was accepted by Her Honour.
A copy file was served on the clerk, Nicholas Edmund.

The matter is set for trial on November 18, 2015.

38 Warren Gordon Constable Gary Newman Wounding With Intent & Illegal Possession of Firearm Gun Court 20.7.15 Page 13 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 39 Carmelita Williams Constable Andrey Siblay Assault Spanish Town RM 09.09.15 41 Anthony Trought Det.

Cpl.

Kevin Adams and Cons.


Jerome Whyte Murder Home Circuit 27.03.1 4 23.07.15 & 29.09.15 9.9.15 Matter was called for trial however, during the absence of the complainants Attoney the Judge took into consideration the Complainants welfare.

He gave her some time to deliver her baby and adjourned the matter until May 3, 2016.

23.07.15 Matter was mentioned Depositions were ready.

Date of September 29, 2015 was fixed for Bail Application.
the date for July 24th that was previously set remained so matter again was mentioned on that date.

29.09.15 the accused was not present.

Matter came on for hearing before Her ladyship Mrs. Lorna Shelly-Williams.

Matter had to be adjourned for the following reasons to November 17, 2015 Page 14 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 42 Sylvester Gallimore Cons.

Pete Samuels; Cons.

Witney Hutchinson & Det.

Cpl.


Kevin Adams Murder HWT RM 19.11.1 4 21.07.15; 25.08.15 & 08.09.15 43 Adiff Washington Det.

Cpl.

Kevin Adams Murder HWT RM 27.03.1 4 8.09.15 Page 15 of 22 21.07.15 His Honour Mr. Dale Palmer did not attend Court.

Matter mentioned before Her Honour Ms. Pusey instead.

Date of August 25, 2015 fixed for mention.


25.08.15 Matter mentioned before Her Honour Mrs. Wolfe- Reece; no applications were made in the matter; nothing substantive occurred; further mention date of September 8, 2015 was fixed.

28.08.15 Matter mentioned; further mention date of October 7, 2015 fixed for counsel to agree of available dates to commence a preliminary inquiry into the matter.

08.09.15 matter was mentioned in the Corporate Area Resident Magistrate's Court before Her Honour Mrs. Wolfe-Reece.
Next mention date set for October 7, 2015 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 44 Andrew Bisson Constable Carl Bucknor; Det.

Cpl.

Kevin Adams & Howard Brown Murder HWT RM 14.01.1 5 21.07.15 & 25.08.15 & 08.09.15 21.07.15 His Honour Mr. Dale Palmer was outside the jurisdiction.

Matter mentioned before Her Honour Ms. Pusey.

Date of August 25, 2015 fixed for mention.


25.08.15 Matter mentioned before Her Honour Mrs. Wolfe- Reece; no applications were made in the matter; nothing substantive occurred; further mention date of September 8, 2015 was fixed.

08.09.15 Matter mentioned; further mention date of October 7, 2015 fixed for counsel to agree of available dates to commence a preliminary inquiry into the matter.

45 Barron Chambers Cons.

Alman Fletcher 46 Rayan Mahoney Cons.


Sherwood Simpson Assault Occasioning Actual Bodily Harm and Malicious Destruction of Property Shooting with Intent Montego Bay RM 11.12.1 3 21.09.15 Awaiting the decision of the Court of Appeal Gun Court 18.02.1 4 Page 16 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Special Coroner-Kgn Spl.

Coroner - Kgn 11.03.1 5 18.03.1 5 47 Damion Powell Fata Shooting 48 Hussein McCormack Coroner's 49 Eric Suckoo Court -Kgn SP Albert Diah; Cons.
Damion Bogle; Cons.

Horace Morna; Cons.

Ronald Walker; Cpl.

Janet Wright & Det.

Cpl.

Paul Edwards Page 17 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 51 Kimrod Davis and Kimani Davis N/A Murder Coroner's Court - Kgn 09.07.15; 13.08.15 & 22.09.15 09.07.15 (Inquest) The court acknowledged that the Investigator took the response from PICA to them from June 5, 2015 as requested by the court to supply address of the witness for summons to be served.
The court will now request Jurors to start case.

13.08.15 (Inquest) the Court had 8 Jurors and the presiding Judge wanted to have 10 Jurors.

the investigator was instructed to inform the witness to be present on the next court date.

Two other witnesses were present.

Next date Sept. 22, 2015.

22.09.15 The court had 11 Jurors.

The mother of the deceased, the Investigator, Supt.

M. Smith, Cpl.

Ogilvie and Cpl.

B. Anderson gave evidence.


The statements (one recorded by PPCA and the other by police) of one of the Witness, who has migrated, was read to the Jury.

Next date set for October 7, 2015 Page 18 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Peter Campbell Cons.

Phillip Campbell Assault & Conduct Unbecoming HWT RM 09.05.1 1 18.08.15; 03.09.15; 16.09.15 Dwight Clarke N/A Fatal Shooting Spl.
Coroner - Kgn 24.08.15 Page 19 of 22 18.08.15 Accused Phillip Campbell was questioned by the Prosecutor Mr. Gibson.

To be continued at next sitting set for September 3, 2015 ; Continuation and completion of cross examination of Mr. Phillip Campbell.

03.09.15 Summation and verdict set for September 16, 2015.
16.09.15 Constable Phillip Campbell who was attached to the Kingston Central Police Station was convicted of Assault Occasioning Actual Bodily Harm on September 16, 2015 in the Corporate Area Resident Magistrate’s Court.

He will be was sentenced on October 17, 2015.

24.08.15 (Inquest) Judge said this matter could not start as two part heard matters were for completion on this day and the only 7 Jurors were present.

The accused were present and INDECOM's representatives.

Witnesses to be summoned.


Next date set for November 9, 2015 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 26 Kenton Hayles; Phaebian Dinnal (dec'd) Andrew Fearon and Dwayne Douglas, Damoy 'Gutty' Dawkins (dec'd) & Donald Stewart Adolphus Reader Cons.

Collis Brown & Cpl.

Roan Morrison Cons.

Collis Brown Cons.

Collis Brown Sgt.

Mario Taylor; Spl.

Cons.

Shannon- Ceon Allen Murder and Shooting with Intent Home Circuit 17.01.1 4 17.07.15 For Cpl.
Roan Morrison to settle legal Representation; for Mention on 27.11.15 Murder Home Circuit Murder and Shooting with Intent Home Circuit Murder HWT RM 17.01.1 4 17.01.1 4 17.07.15 17.07.15 set for Plea and Case Management.

for mention 27.11.15 set for Plea and Case Management; for mention 27.11.15 21.05.1 4 21.07.15 & 25.08.15 21.07.15 Matter called up.

Set for mention on August 25, 2015.

25.08.15 Matter called up.

Set for mention on September 8, 2015.


08.09.15 matters was mentioned in the Corporate Area Resident Magistrate's Court before Her Honour Mrs. Wolfe-Reece.

Another mention date of October 7, 2015 was fixed in relation to the matter.

Page 20 of 22 LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Fredrick Hill Cons.

Malaica Reid Murder Home Circuit 21.02.1 1 31.07.15 Willisford Farquharson Det.

Cons.
Cons.

Assault Sav-la-mar RM 01.05.1 02.09.15 Leroy Clarke 4 Page 21 of 22 31.07.15 On July 31, 2015 the matter was called in Court # 5.

The presiding judge was Courtney Day and Crown Counsel Gavin Stewart.

Counsel told the judge that effort was being made to have the pathologist Dr. Rao return to testify in the Keith Clarke and Fredrick Hill matters however, their is a set back in the Keith Clarke matter because of the enquiry.
What is now under consideration is to have the pathologist evidence via video link however, before this can be done the Governor General's assent must be obtained.

The defence informed the court that she has requested the statement of a witness from the prosecution that she is still trying to get.

What is now under consideration is to have the pathologist evidence via video link however, before this can be done the Governor General's assent must be obtained.
mention date was set for disclosure and mention on November 13, 2015.

02.09.15 Judge ruled no case submission.

He cited the case of R v Galbraith.

LIST OF CASES IN RM/CIRCUIT AND CORONER'S COURT JUL-SEP 2015 Granville Cain Kamoza Clarke Chester Daley Seydane Nelson (deceased) Luke Murray Cons.

Wycliffe Brown & Orret Cephas Dist.

Cons.

Alwayne Eccleston; Dist.

Cons.

Desmond Lawrence; Dist.

Cons.

Onecko Brown; Dist.

Constable Triston Palmer & Sgt.

Derrick Henry Cons.

Jerome Graham W/Det.

Sgt.


Sonya Blackwood Sgt.

Orden Nelson Wounding with Intent & Assault HWT RM 27.04.1 5 31.08.15 Murder; Neglect of Duty Flamouth RM 06.02.1 4 20.07.15 & 17.08.15 31.08.15 Trial could not be reached as RM was conducting two lists.

Dwayne Coley was present and bound over.

Subpoena issued for Granville Cain.

Matter set for December 1, 2015.

20.07.15 New clerk of court Ms. Sarahope Cochrane required time to review the file.
17.08.15 Next sitting for prelimnary enquiry witnesses to be subpeona are Olive Hines, Lucan Scott, Randy Richards, Dwight Watson, Shane Thompson and Clovis Forbes.

Next court date November 11, 2015.

Assault OGBH & Assault Inflicting GBH Attempting to Pervert the Course of Justice Inflicting GBH Mandeville RM H.W.T.

RM 29.04.1 5 27.05.1 5 25.09.15 Trial 07.09.15 Metion St. Ann's Bay RM 18.06.1 5 10.09.15 & 16.09.15 Mention Page 22 of 22