ODPP to hand down rulings on INDECOM files within 30 days

The Office of the Director of Public Prosecutions (ODPP) has agreed to provide rulings on files submitted by the Independent Commission of Investigations (INDECOM) within 30 days.

Also, the Office has indicated that after a ruling is made INDECOM and the Bureau of Special Investigations (BSI) will cooperate on making an arrest.

The prosecutorial body says these are among protocols agreed to by the office, INDECOM, BSI and the Inspectorate of Constabulary (IOC) at a meeting on March 29.

It says the primary aim of the meeting was to confirm a mutually agreed protocol between the parties in light of the two recent decisions of the Court of Appeal which touch and concern all three entities.

“The meeting was positive and productive and the parties arrived at agreements that will guide the professional relationship between our respective entities going forward. The ODPP has also committed to continue, as has been our practice as a public office, to extend all professional courtesies to all investigative entities including the INDECOM,” the ODPP said.

“Though we recognise and respect the right of investigators to make recommendations formed from the evidence gathered, it was recognised that the DPP and her staff will always retain the constitutional right to make an independent assessment which may, depending on the circumstances, differ from that held by the investigators,” it said further.

Continuing: “As part of the continued extension of professional courtesies, where there is a difference in opinion, we undertake to engage in productive dialogue or to outline in our rulings, the reasons for our findings where they differ from that of the investigator,”.

Here's the full protocol between the ODDP, INDECOM, BSI, and IOC

Rulings on files submitted by INDECOM:

There will be a thirty (30) day timeline for rulings to be rendered once files are submitted by INDECOM to the ODPP. This is subject to the files being completed upon submission.

Completion of Investigations & Files to the Satisfaction of the ODPP:

Where the ODPP identifies deficiencies or any material outstanding in the files submitted, these outstanding materials must be submitted before rulings are rendered. The Commissioner of INDECOM will be informed of any issues (including deficiencies and or outstanding material) with files submitted for rulings well ahead of the 30-day timeline.

Urgent Rulings

Where the INDECOM is of the view that a particular file requires a very urgent ruling, the file is to be taken directly to the DPP by an officer from the INDECOM. The file is to be submitted with a cover letter indicating that the matter is very urgent along with any other important consideration so that it can be dealt with accordingly.

Attendance of INDECOM officers at court

Where INDECOM investigating officers are absent from court, these instances are to be reported to the Commissioner of INDECOM so that appropriate action can be taken.

Arrest Protocols

Once rulings have been completed, the rulings will be addressed to the INDECOM and will be copied to the Commissioner of Police, BSI and the IOC. The INDECOM and BSI will thereafter arrange when the arrest, laying of the Information and the placing of the matter before the court will take place. It was also agreed that the issue of the preparation of warrants will be dealt with on a case by case basis at the discretion of the IOC and the BSI. (The management of the witnesses for trial will remain the responsibility of the INDECOM)

Where there is the need for more immediate arrest, the INDECOM will indicate this once the file is submitted for a ruling. The IOC and the BSI will facilitate this in appropriate cases.

Where there is the need for an informal ID Parade, the IOC and BSI will assist the INDECOM in conducting this type of ID Parade.

Open Lines of Communication

All parties agreed to endeavour to resolve issues through communication. In addition, there will be a meeting of the entities every term to resolve areas of mutual concern.

Submission of Files

Where files are submitted, the original, as well as a copy, is to be submitted. Once the ruling has been completed, the original file will be returned to the INDECOM.

Request for INDECOM officers to be present in court or to provide statements

Where there are matters before the courts for which there is a related INDECOM investigation, the police investigating officer should indicate by way of a note on the file or a letter that there is an INDECOM related investigation. There should also be, as far as possible, sufficient notice given to the INDECOM where statements are required or an investigator is needed for court.

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