Some 20 members of the defunct Repeat Offenders Programme (ROP) are being used as "gang experts" to assist in presenting evidence before the court.These officers would work closely with the Legal Unit of the Police Service, said secretary of the Police Service Social and Welfare Association, Sgt Michael Seales, yesterday."Information that ROP would have trapped and information from the Special Anti-Crime Unit of T&T (Sautt) and other intelligence bodies will determine how it could be presented in court," Seales said.He said the matter was brought to the attention of the association last Monday during a meeting with Deputy Police Commissioner Jack Ewatski.It is understood the officers would be using data tabulated by ROP which would include gang activities, including the movements of various gangs in the country.Seales said ROP officers were working closely with the Legal Unit of the Police Service and already had put together a package of guidelines for police officers conducting investigations under the anti-gang legislation. During that meeting concerns were also raised regarding the proper gathering of evidential procedures used by police officers.According to Seales the association has received complaints from its members that "questionable instructions" were given by senior officers regarding detention.He said one such case was the arrest of 21 men from Nelson Street, Port-of-Spain.
However, the men were ordered to be released by Senior Magistrate Marcia Ayers-Caesar after gang-related charges against them were dropped by Director of Public Prosecutions Roger Gaspard. Seales said: "We have been receiving reports from our members that officers were acting on reports from their seniors that were questionable and that these instructions were not always clear when it came to arresting people."What our members have said to us was they were given instructions to detain and the evidence would come later, but that could not be so. It is not an acceptable standard."He said the mere reason that Gaspard came to court to inform the magistrate that the State had insufficient evidence to prosecute the 21 men sent a clear message.Seales added: "It's astonishing that the DPP himself came to court and it sends a clear message that there must be sufficient evidence to charge someone."The commissioner must accept responsibility for what is happening, having gotten it wrong in the first place because they should have known better."He said police officers must not operate "on intuition" but rather when making arrest must be able to prove beyond a reasonable doubt the suspect was guilty.He also called on police officers to be cognisant when making arrests, advising them to "rethink their position when in doubt."He added: "If in doubt officers are free to call any member of the association to give them advice on how to proceed and also legal advice."
He said under no circumstances should a person be taken to court and then the magistrate be informed the evidence would be subsequently presented."That is infringing upon a person's rights," Seales added.He said the issue of police officers being culpable when people were detained and subsequently freed was a non-issue.He said: "We had raised concerns regarding the quality of evidence being gathered to prosecute people. "We had crucial concerns and we voiced our concerns early regarding whether the evidence gathered will be sufficient to sustain a charge." He said, based on the Standing Orders which guided a police officer in the execution of his duties, a person could be released from police custody if there was insufficient evidence.Saying that the association was in full support of the state of emergency Seales said the police were "only too happy" to serve the country, which the Government would have recognised.However, he said in "their exuberance to do things" a clear mandate was not given."Police officers were, therefore, just reacting to some of the things and must not in any way carry any blame," Seales said.During the meeting with Ewatski it was also brought to the attention of the association that soldiers recently detained more than 20 people who were then taken to a police station in the Northern Division.At the time of the people being detained by the soldiers there was no police officer present, it was noted.Describing the incident as disturbing, Seales said Ewatski also agreed such an incident must never happen again.He said: "These people were picked up by the soldiers and then dumped on the police."The question of evidence comes into play because at the end of the day the person still has rights before the arrest and after the arrest."The association's president Sgt Anand Ramesar said blame must be laid squarely on the shoulders of Ewatski and Police Commissioner Dwayne Gibbs.
About Repeat Offenders Programme
In September, 2010, 35 officers assigned to the Repeat Offenders Programme were sent on administrative leave with immediate effect by then acting Commissioner of Police Stephen Williams following allegations of gross misconduct.Police Corporal Ken Ali, a decorated officer with ten years' service, was charged with kidnapping Keon "Guts" Glasgow on April 14, 2010.Glasgow, from Desperlie Crescent, Laventille, was allegedly taken into custody by ROP officers, and to date has not been seen or heard of.