By AVA TURNQUEST

Tribune Staff Reporter

aturnquest@tribunemedia.net

NONE of the eight officers recommended for dismissal by the police Court of Enquiry Tribunals last year have been let go, Deputy Commissioner of Police Quinn McCartney confirmed yesterday.

According to statistics, police have resolved less than 12 per cent of the 265 complaints filed against officers in New Providence through the Complaints and Corruptions Unit (CCU) for 2013.

Of that figure, less than six per cent went before the police tribunal, with one complainant having died in an unrelated incident before his case could be heard.

In an interview with The Tribune yesterday, Mr McCartney pointed to a slow but “working” system “The system is working, it’s a little slow, we would like it to move a bit faster, but we do put matters before the court.

“Attorneys are involved in multiple cases, so when we check their schedules – some of the officers wish to have high-profile lawyers represent them – the Magistrates and Supreme Courts take precedence over our matters.”

He said: “There is a significant backlog. Between tribunals 1 and 2 (in New Providence), there were a total of 139 charges or offences before the court in 2013. Of that 60 charges were completed.”

In 2013, 84 new offences were put before the tribunal. Of those 30 were completed in 2013 and 54 are still pending. 

Three matters are still ongoing from 2011, one of which is the oldest outstanding matter actively before any of the tribunals, Mr McCartney said.

There are three tribunals, two in New Providence and one in Grand Bahama.

In addition to cases forwarded from the CCU, matters put before the tribunal also reflect complaints made against officers through the Royal Bahamas Police Force’s (RBPF) internal discipline system. 

Tribunals in New Providence handed down convictions for 12 offences or charges last year, according to Mr McCartney, who could not differentiate the number of actual cases from the data.

The rank of officers currently facing charges ranges from Constable to Inspector, with two reserve officers. Officers pleaded guilty to 15 offences last year with no trial, and in 52 offences the matters were heard and acquitted.

Fourteen offences were withdrawn by the prosecution, according to Mr McCartney, who explained that sometimes multiple charges of a similar offence are dropped if there is a guilty plea.

“Looking at the notes,” he said, “in most of these cases the officers may have been charged with three or four offences, pleaded guilty for one and the others were subsequently dropped. There is no formal plea deal system, but that is how it usually goes; an officer will face four similar charges and usually if there is a guilty plea the others are withdrawn. 

Mr McCartney added: “There were also five offences (last year) where the complainant came before the tribunal and withdrew their complaint.”

At a “Meet the Press” event in January, Police Commissioner Ellison Greenslade announced that  a new Code of Conduct for police officers was created in response to the 19 per cent spike in complaints against officers in 2013 compared to 2012.

Last March, Mr Greenslade told the press he was concerned about the police force’s reputation with the public following a number of brutality allegations that were made against officers.

Assault accounted for 53 per cent of grievances put to the CCU from the period 2009 to 2013, according to police statistics. Of the 265 cases reported to the CCU in New Providence for 2013, only 30 have been completed.

According to statistics, 180 are still being investigated and 55 cases are “sub judice”, meaning the complainant is facing charges before a regular court.

Mr McCartney said: “These are matters where persons are arrested and put before the courts for various criminal offences. They filed the complaint against an officer, but we don’t push anything before the tribunal before the court matter is completed. If the officers were unethical, then the court usually throws the matter out and its picked up by the tribunal.

“Nine times out of ten, complaints are the result of an arrest, so rather than adjudicate, we track it in the system to see when the court matter is completed then we will continue with the complaint. 

He said: “If the case is so egregious and the offence by the officer so egregious, we can still investigate even though the matter is before another court. The provision is there for us to fast track the matter. We haven’t done this in 2013, but the option is available.”

Of the 30 cases completed by the CCU last year, 14 were sent to police tribunal; eight were withdrawn by the complainant; four matters were unsubstantiated and thrown out; and three matters were dismissed due to insufficient evidence.

The final decision on a tribunal’s recommendation for dismissal rests with the Police Commissioner, according to Mr McCartney, who explained that the police chief was tasked with the review of all transcripts and evidence.

Mr McCartney said: “This careful review takes time. Emphasis is placed on the word recommended as only the Commissioner of Police has the authority, by law, to dismiss an officer.

“The Commissioner can review the matter and if he feels the case was poorly prosecuted, he can request additional evidence. In the case for dismissals, the tribunal can only recommend.”

He added: “Most of the other matters were concluded by officers receiving fines up to as much as seven days pay; to receiving reprimands for their actions.”

Mr McCartney confirmed that no officers were dismissed in 2013 based on the recommendations from the tribunals for matters concluded in 2013.