PCA ‘satisfied’ as probe into suspects’ deaths ongoing

about 3 years in TT News day

Police Complaints Authority (PCA) director David West said on Tuesday he is satisfied with the direction the investigation into the deaths of two suspects—while in police custody—is heading.
Andrew Morris and Joel Balcon were held for questioning for the kidnapping of Andrea Bharatt after she was last seen entering a car disguised as a taxi on January 8. Bharatt’s body was later found on February 4 at the Heights of Aripo.
Morris died on February 1 and Balcon died eight days after. Their autopsy revealed they died of blunt force trauma.
PCA announced, on February 9, that it had launched an investigation into the circumstances surrounding the deaths of the men.
On Monday Commissioner of Police Gary Griffith announced a “full-scale” police investigation was launched into the deaths of the men.
When asked for an update on PCA’s investigation, on Tuesday, West told Newsday he wasn’t in a position to say how far the investigation had reached. However he said, "I am satisfied with the progress of the investigation to date.
“…I'm happy that the commission has launched an investigation into the death of the two suspects… And we will be asking the police in due course for information, as we normally do during an investigation.”
In a press conference on Monday to address the deaths of the suspects, Minister of National Security Stuart Young said the police are providing PCA with all the information necessary and he is waiting anxiously to see the outcome of these investigations.
The Caribbean Centre for Human Rights (CCHR), in a release on Monday, called on the government to prioritise the strengthening of the PCA’s capacity to expand its oversight ability of police conduct.
It went on to harshly criticise TT’s police for what it described as a disturbing trend in police conduct arising out of the recent deaths of Balcon and Morris.
It said the autopsies results and media reports suggest police used excessive force resulting in the deaths. It said it’s alarming that the police account of what happened leading up to Morris’s death doesn’t reflect the details of his autopsy results.
Asked if he agrees with the statements by CCHR, West said the passing of the Miscellaneous Provisions Administration of Justice Act 2020 and the Miscellaneous Provisions (FATF Compliance) Act, 2020 have put the PCA in a better place to investigate police conduct.
West said the PCA has enough resources and legislative power to lead a thorough and successful investigation.
He said the Miscellaneous Provisions Administration of Justice Act 2020, section five, lists the PCA as an organisation that has full authority to investigation the death of a person, who has been the subject of a police investigation.
The act also allows the authority the opportunity to access a written notice of the inquest– an inquiry into the circumstances surrounding a death.
West also pointed to the Miscellaneous Provisions (FATF Compliance) Act, 2020 which allows the PCA, in Section 15 subsection two, a copy of a report from the Financial Intelligence Unit TT (FIU) for its investigations. This means the PCA can obtain information on police officers who have been reported to the FIU.
He said as soon as the Special Reserve Police Act chapter 1503, and the Police Complaint Authority Act 1505 are amended it will further strengthen operations of the PCA and its relationship with the special reserve police.
These bills are expected to be debated in the first quarter of 2021.
“And finally, the audio/visual rules committee is going to meet to amend the Evidence Act Chapter 702, which will allow the PCA to be included as a law enforcement agency, whose agents or investigators can take visual recordings with sound of a witness statement.
“So, we have the equipment already to use audiovisual recordings…We are now allowed to have the witness come into the PCA and take that statement via visual recordings. And that will be admissible in evidence.”
He said these amendments have improved the authority’s powers quite significantly and strengthened the PCA’s evidence-gathering capabilities.

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