The interest and aggression demonstrated by the Director of the Police Complaints Authority (PCA) in the Moruga fatal shooting of three people are commendable. In keeping with her public persona, Director Gillian Lucky has not only read and seen the expression of concerns of the villagers, but has gone into the area to see and hear for herself the allegations and contentions about the shooting. Similarly, Ms Lucky, an outspoken attorney, has been monitoring the fears being voiced by the police from the area about possible attacks by villagers. On a television programme, Ms Lucky expressed the need for the officers to remain safe from any possible attack with the investigations ongoing to determine guilt or innocence.
The Guardian commends the immediate and proactive responses of the PCA because too often in the past officialdom seemed indifferent to years of allegations of police acting outside of the law. It should not however be felt that we are finding the police officers involved in the shooting deaths of the three people to be guilty of wrongdoing. Far from it. What is being commended is the swift action to assure those people disturbed by the shootings that investigations will be swift and fair to all concerned. One of the real drawbacks attending the work of the police is the public distrust that the officers operate fairly and with respect for the rights of all, especially people from lower income brackets of the society. Under Act 10, 2000, the PCA has been given the power and the responsibility to "monitor the investigation of complaint by the Complaints Division of the Police Service so as to ensure that the investigation is conducted impartially."
In responding to the concerns and complaints of the people of Moruga, Director Lucky and her team are carrying out their legal responsibility. But the authority and responsibility do not stop there as even after a finding may have been arrived at by the police investigators, the PCA can "review, at the request of aggrieved persons, the disposition of the complaints by the Complaints Division of the Police Service."
In taking an active role in all that has happened since the shooting, Ms Lucky is putting herself in a position where she would have had some background information on what took place. Moreover, as mentioned above, the PCA director has gone to see for herself and hear some of the concerns being raised by villagers. This active interest being showed by Ms Lucky could be vital in making both sides feel that they will get justice.
However, as a lawyer and someone who has been talking for a number of years about curtailing lawlessness in the society, Ms Lucky will know that she and the PCA cannot get in the way of the police investigations. The job of the PCA will be to first monitor the processes being adopted and to review the outcome if and when there is a complaint about the decision taken. But it should be noted that under the Act, the PCA has quite wide powers to "investigate criminal offences involving police officers, police corruption and serious police misconduct." It means that the authority, as stated by the headline on yesterday's front page of this newspaper, quoting the director, is "not toothless." Indeed, like the police, the PCA has the power to submit evidence found to the Director of Public Prosecutions for his/her consideration to instruct the police to charge or not charge individuals. Therefore, police officers have every responsibility to cooperate with the legitimate Police Complaints Authority.
