The lack of an established Police Complaints Authority, required under the current version of the Cayman Islands Police Law, is what has been holding up the investigation of certain resident complaints against police officers.
According to records provided under Cayman’s Freedom of Information Law, the Royal Cayman Islands Police Service has not been able to resolve 19 of 42 public complaints filed against local police officers since September 2011.
In its response to the open records request, the police noted the Police Law (2010 Revision) creates an authority with the jurisdiction to “hear a complaint lodged by any member of the general public in relation to the conduct of an officer”.
“Any complaint filed following the formal introduction of the law rests solely with the authority,” the RCIPS response noted. “Until that authority is established, the Royal Cayman Islands Police Service have a professional and legal obligation to record all complaints lodged and preserve any evidence until the authority becomes functional.”
There are also a number of complaints that involved ongoing criminal court proceedings. In those cases, no investigation by police or the complaints authority – if it had been formed – could proceed until the criminal case was completed. The police service noted this situation applies to nine citizen complaints cases that have not been resolved; presumably leaving 10 complaints unresolved until the formation of the Police Complaints Authority.
The department is still able to conduct internal disciplinary matters against officers. The delays only apply to complaints filed by private individuals against police.
The RCIPS said earlier this month that certain “low level” complaints against police have been handled by the department without the benefit of the complaints authority in place.
“These are complaints where the investigating officer concludes that the necessary action can be taken internally without the need to convene a discipline hearing,” a statement from the RCIPS read, “for example, where an officer is required to be provided with advice or counselling.”
The low level complaint processing came to light following a case filed by local resident Sandra Catron against an RCIPS officer. Following that investigation, police recommended counselling for the officer and his immediate supervisor. No disciplinary action was taken as a result of the probe.
“It’s very sad that the RCIPS prioritises complaints in such a manner,” Ms Catron said. “In my opinion, it dictates from the onset that the matter will not be taken seriously and therefore no action will ever come of it.”
In another case reviewed by the newspaper, a letter sent to a Cayman Islands resident who made a complaint relating to the actions of certain police officers in Bodden Town back in January 2010 was formally recorded and evidence related to the case has been preserved, according to Royal Cayman Islands Police Service Chief Inspector Harlan Powery.
However, nothing further can be done about the complaint for the time being, according to a letter sent from Mr. Powery to the resident in mid-October.
“Due to a legal challenge to the commissioner of police’s authority to inquire into any complaint arising from a member of the public against a police officer, we are unable to progress your complaint further until a determination is obtained from the Hon. Attorney General,” Mr. Powery’s letter to the January 2010 complainant read.
That situation still persists today, according to the police statement issued this month.
“More serious matters, which require discipline hearings to be convened, remain subject of the legal challenge,” the police statement read.
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These comments can be taken as a response to the story ‘Lack of Transparency in Prison Operations’ as well as this one regarding the system to handle police complaints, as the two situations are inter-related.
What exactly has the Cayman Constitution 2009 done for the Cayman Islands, except put more power into the hands of local politicians ?
From where I sit and observe, NOT A SINGLE THING !
Writing under my own name, in another local publication from back in 2007,I repeatedly warned Cayman’s voting public to NOT VOTE for that Constitution until certain checks and balances were built into the existing model, not wait on promises that they would be put in AFTER it was voted on and approved.
This viewpoint, as valid as it was, met with stern and public opposition; even though I wasn’t in Cayman at the time, my friends have told of the public vilification from some quarters, which is to be expected when one promotes a view that is not universally popular, in Cayman.
In any event, fully 1/3 of the voters took sound advice and refused to vote in favour and credit to those, this problem is not of their making.
But NOW, almost 3 years after, these stories are still making headlines in matters that the human rights clauses of this Constitution should have and are legally obligated, to address.
I have to question the British administration strongly in these matters…the overseeing of the human rights of Cayman’s citizens and residents is Britain’s responsibility, therefore the Governor has an obligation to supervise that these obligations are being met; this current Governor could be a statue standing in the middle of George Town, for any active part that he has played in the daily affairs of the Cayman Islands, since his time in office.
Where is the functioning Human Rights Commission ?
Until these other bodies are set up to handle public complaints against Cayman’s authorities, this commission should function as the final avenue of complaints against abuse of authority, although, in all fairness, this commission is meant to handle MAJOR complaints that might result in court cases, not ‘low level’ complaints that should be routinely handled by the functional commissions set up to do so.
What this all appears to pointing to is that the Cayman Islands has dug in its heels against the advancement of its society for the protection of all of its citizens against unwarranted abuse by the authorities, the mark of a developing and functioning democracy…which the Cayman Islands, at this time, can only be called in name only.
Those of us who know Cayman very well, like I do, would have every reason to speak with caution, if one was living in Cayman.
It matters not where the truth is spoken from, the Cayman Islands continues to shame itself by the attitudes of those in authority and power and that continues to disgrace the beautiful country and its people.
In mid 2011 I was physically abused by my husband. I went to the police station and made a report. The officer assured me it would be dealt with. It turned out that the female sergeant on duty was the girlfriend of a friend of my husband and I waited weeks and heard nothing. I called and spoke to the Inspector and after several days and much digging they found the statement I had done. It was refered to the Family Service Unit. I got a call from a Sergeant who took another statement regarding what had transpired including the fact that my husband had mentioned to me that his friend had been told by the female sergeant on duty the night about the incident and had told him not to worry. At that point I had made a call to the Complaints Division. The Sergeant at the Family Service Unit assured me she would be following up and making sure the situation was dealt with. I have not heard one word to this day.
Amen to that Firery.
Duncan Taylor, whose catch phrase seems to be – it all happened before my time, is about as much use as the proverbial choclote tea pot when it comes to anything other than token administration of the Cayman Islands.
I have pages of replies he sent to the OT Minister Henry Bellingham ducking the real issues. It seems that the one thing a Governor does not need is the ability to govern, they just need to be very adept at staying out of trouble and making excuses.
Sadly, this is inherited from the previous Governor and the one before, and the one before………
The constitution has not put more power into the hands of politicians.
The constitution is the constitution and people are people be they bad or good. The constitution does not change people but people like Dart with millions of dollars do!
The same political bullies were bullying before the inception of the constitution and they are still bullying now with the constitution in action.
People are more intelligent than to believe that a constitution is the problem with the RCIP and the political leadership in Cayman.
It is the kind of people we keep hiring and voting for that is the problem. If someone was a bully in 2004, you elect them again in 2009 it is the same bully with no change. Not the constitution. By attacking the constitution you are helping the bully ’cause the bullies are dead scared of the Bill of Rights and the Constitution working together. If you were paying attention even the Attorney General three weeks ago warned politicians and elected officials that the bill of rights working with the constitution will create a different playing field and it won’t be political bullying as usual and they will be held accountable. I take it that perhaps that is the stage of constitutional reform with a bill of rights that is the reason for the Turks and Caicos’ having to answer for their corruption in government and not getting away with it? So are you still going to throw away these two document that will finally bring change we can believe in to this region? Caymanians will finally be able to prosecute people be they politicians or not who have been abusing them for decades, do you want to deprive them of that right or is this what you are really fighting for, to help the people and not disarm them?
In the US everybody goes to jail for corruption regardless of how big in society he or she may be.
Don’t you want some of that for the Cayman Islands?
So think about what you are saying this is a very delicate subject since we are on the brink of the bill of rights being enacted soon. Criticism is all needed for the crooked politicians to find an excuse to delay it since it really is their Waterloo!
This seems to be horse manure month!
How much more horse manure do they plan on shoveling and throwing on us?!
As was said before by many, justice delayed is justice denied. What is going on in this country?
BaBaBoom
Before I comment on an issue or another person’s comments, I actually do try to understand what the issue is about, or what the other person is actually saying…before responding.
In trying to understnad your comments, I’m getting the impression that, imo, you neither understand the issue..or what I’m saying.
Maybe I can break it down for you in easier terms.
By your comments, you have high expectations that when this Bill of Rights comes into effect, it will provide the protection and avenue of redress that it was meant to…this was the promise that was made in this Constitutional process that produced this document…you clearly do not understand the other areas of this document that has changed and increased the powers of local politicians who end up in the position of Premiere.
What you clearly also do not understand is that these complaints commissions that were supposed to have been created is meant to move the system into line with the legal requirements of the Bill of Rights BEFORE its inception.
The lack of the independent police complaints system is an extremely dangerous situation for the citizens of Cayman who value their freedom from the threat of the abuse of authority, which includes indimidation and threats and the blacklisting of people for employment and the firing of people from their jobs for having and voicing opinions that question the actions of this authority.
If you know anything about Cayman, you will know that this is standard practice on an everyday basis.
You also clearly do not understand why this independent police complaints commission hasn’t been formed and why now, with continuing human rights abuses and no form of complaints process to address them…where your expected Bill of Rights might just end up as a non-enforceable piece of paper.
You clearly do not understand the people and type of system in which you are living, in the Cayman Islands.
Please, go and read my original comments again and see if my explanation helps you to understand them a little better…and by the way….
I live in a democratic country where I am totally free to criticise whoever and whatever I consider warrants my criticism…
Unfortunately, you don’t.