The Supreme Court has ruled that The Independent Commission of Investigations,INDECOM, is entitled to request information from the Police High Command regarding the deployment of members of the Jamaica Constabulary Force (JCF) during the May 2010 operation in Tivoli Gardens.
Supreme Court Judge Justice David Batts Justice Batts made the ruling on Monday, following an application by INDECOM.
The judge however ruled that the police high command could claim public interest immunity, legal professional privilege or any constitutional right, if it has concerns that the information being sought could jeopardize national security.
INDECOM Commissioner, Terrence Williams, wants the Police Commissioner to submit information on the specific location of police personnel who were deployed on the first two days of the operation in West Kingston. This, as part of his investigation into the actions of police personnel during the operation.
The High Command argued that it will be virtually impossible to provide the information being sought as the police were constantly moving in and out of West Kingston during the operation.
Attorneys for the Police Commissioner, on Monday, reiterated that the information is not available.
INDECOM, which has conducted ballistics tests on hundreds of weapons used in the operation, is seeking the information to build its case on allegations that some police personnel may have committed murder.
Mr. Williams, sought to obtain the information during the West Kingston Commission of Enquiry, but this was strongly resisted by attorneys for the Police Commissioner.
Following its submission to King's House on Friday the final report of the West Kingston Commission of Enquiry is now with Cabinet. However, a decision has not been made when it will be made public.
In the meantime, Following its submission to King's House on Friday the final report of the West Kingston Commission of Enquiry is now with Cabinet. However, a decision has not been made when it will be made public. Prime Minister Andrew Holness presented the report to Cabinet yesterday, and is to have discussion with the Governor General to determine when to make it public,
The Sir David Simmons led Commission looked into the security forces operation in Tivoli Gardens in May 2010 during which 70 persons were killed and several wounded.
Last modified onTuesday, 14 June 2016 09:32
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