BREAKING: IMPACS RESOLVED? DPP BREAKS SILENCE!

This afternoon (Wednesday) the office of the Director of Public Prosecutions issued the following, in relation to 12 fatal police shootings in 2010-2011:

On 2^nd February, 2017, I convened a meeting with the press to provide an update to  the public on matters generating great public interest and concern. This included the  status of investigations involving police shootings, spanning the period of 2010 to  2011. These shootings resulted in the loss of life of 12 citizens in 2011. This figure  sets the record for the highest number of police shootings ever recorded in this State  within any even given year.

This attracted significant publicity both at a domestic  and international level based on allegations that they were extrajudicial killings by  the police. Simply put, they were alleged to a great extent to be unjustified and  therefore illegal. Consequently, the Government of the United States of America  imposed sanctions widely referred to as the “Leahy Law” against our nation as these  alleged illegal shootings were potentially gross violations of human rights. This  resulted in the suspension of financial assistance and training to the entire Royal  Saint Lucia Police Force from August of 2013.

On 18^th June, 2021 the nation was informed of the restoration of support to particular  departments of the Royal Saint Lucia Police Force. This indication again has given  rise to great speculation and concern from the members of the public, the media and  members of the Royal St. Lucia Police Force as to the status of the investigations  surrounding these shootings. 

In my last address, I indicated that the investigations into matters under review, were  incomplete and as such craved the public’s indulgence to exercise patience and allow  the investigative process of these matters to be completed.  

Sometimes however, depending on the complexity of some investigations, the  process may take a considerable amount of time. In this instance, it has taken years.  I want to advise though, that these investigations, due to their nature have no  statutory limitation period, meaning, that there is no time limit for the investigation  or institution of charges against persons where sufficient evidence is gathered to do  so.  

The Police Force therefore can continue investigating such matters over lengthy  periods of time. This may be as a consequence of lines of enquiry or evidence  becoming available some years after the occurrence of an incident.  I believe therefore, that this is a convenient juncture to update the public on my  continued review of these matters and to provide you with my decisions at this stage  regarding the possible prosecution of persons involved and to address what has  widely been referred to as the IMPACS report.  

It is important to set the record straight and make it pellucidly clear that my office  does not conduct criminal investigations. The conduct of these investigations are  within the remit of the Commissioner of Police and the Royal Saint Lucia Police  Force. The function of the Office of the Director of Public Prosecutions is to review  these investigations submitted by law enforcement.  

My office thereafter would provide advice and guidance to police investigators which include advise on the sufficiency of the evidence gathered and any possible  lines of inquiry to be explored. We would also provide advice on the evidential  requirements of an investigation. The decision to prosecute anyone is determined to a great extent by the evidence gathered by investigators being sufficient to provide  a realistic prospect of conviction. This would include for example, evidence of an  eyewitness who saw a crime occur. Also, there are instances where forensic evidence  can link an individual to a crime. However, opinions, speculations or suspicions as  to who committed a crime is clearly not evidence upon which my office can act.  

In December 2013 the Government, pursuant to the Police Complaints Amendment  Act of 2013, appointed a team of investigators from the Jamaica constabulary Force  to investigate the circumstances surrounding the police shootings occurring within  the period 1^st January, 2010 to 31^st December, 2011.  

The team was given terms of reference and commenced its investigation or enquiries  from 2^nd December, 2013 to April of 2014. Subsequently a final report was prepared  and submitted to the Government of St. Lucia. I am in receipt of a report and I have  thoroughly reviewed this report. I can state clearly that CARICOM IMPACS did not  prepare this report and so it is incorrect to refer to it as “The IMPACS Report.”  

This investigating team was empowered as aforesaid by the Police Complaints Act  as amended. It is important to note the specific provisions of the Act which govern  the conduct and powers of the team. 

Specifically section 18 subsections (4) of the Act as amended reads as follows: 18. Complaints Unit 

(4) Notwithstanding subsections (2) and (3) of this section the Minister may  appoint one or more persons to investigate any matter involving a member or  members of the Police Force. Subsection (5) states that Persons referred to in subsection (4) of this section may  be appointed from within or outside of Saint Lucia.

(6) Any person or persons appointed to conduct such an investigation by the  Minister shall have full powers to review such matters, conduct or order any and all  investigations and request or undertake any analysis necessary and shall have all the  powers, authority, advantages and immunities given to Police Officers under the  Police Act in furtherance of the investigation, and shall report to the Minister. (The  Minister being the Minister of National Security) 

It is of vital importance to note subsection 7 which reads  

(7) Where, in any investigation authorised by the Minister, it appears to the  investigator or lead investigator that there is prima facie evidence of criminal  conduct, he or she shall transmit to the Director of Public Prosecutions all  evidence, statements and other relevant materials arising from the  investigation. 

Subsection 8 provides that  

(8) A previous hearing or finding by the Complaints Unit, or the prior conduct of a  Coroner’s Inquest concerning the matter to be investigated shall not preclude an  investigation from being authorised by the Minister. 

Having outlined the relevant provisions of the Act it is clear that the team of  investigators from the Jamaican Constabulary Force was mandated to provide all  evidence, statements and other relevant material to my office where in its opinion  there was prima facie evidence of criminal conduct. Prima Facie which is latin  simply means at first sight. In other words, the instances in which the team opined  that there was sufficient evidence to support a criminal charge, it was obligated to  submit to the Director of Public Prosecutions all the evidence and all relevant  material resulting from its investigations.

To date, I can report that I am not in receipt of any material from the Jamaican  Constabulary Force. Therefore, the final report provided by the Jamaican team does  not amount to evidence or relevant material compiled in a criminal investigation that  I am able act upon.  

It however, provided possible lines of inquiry and opinions all of which I believe  should remain under seal to eliminate any possibility of unfair prejudice to anyone  concerned. 

Consequently, there was the appointment of local investigators to conduct a review  of the report provided by the Jamaican team and also to conduct homicide  investigations into the matters under review. This was done notwithstanding the  conduct of Coroner’s inquests into these deaths. As per section 18 subsection 8 of  the Police Complaints Act as stated earlier. 

These officers have conducted investigations into the matters under review and  others. Due to the nature of the investigations and the fact that external agencies are  assisting in the investigations I have to continuously conduct reviews of the evidence  gathered thus far and offer advise where necessary.  

MATTERS UNDER REVIEW 

The fatal Police shootings for the period under review are as follows: 1. JASON WARRICAN shot by the Police on 12^th January, 2011 about 2:30  am at Bois Patat in the Quarter of Castries. 

2. KIMRON SIMON shot and killed by the Police on 12^th January, 2011,  about 3:00 am at Bois Patat, Castries. 

3. ASHLEY BERNARD shot and killed by the Police at Wilton’s Yard Castries  on 13^th February, 2011 about 12:00 pm.

4. BERTRAM CHARLES shot by the Police on 17^th February, 2011 about 5:00  pm at La Clery in the Quarter of Castries. 

5. REGINALD JEAN shot and killed by the Police on 28^th February, 2011  about 1:00 p.m. at Marchand. 

6. DWIGHT HENRY shot and killed by the Police on 12^th April, 2011 about  3:00 am at Marigot Quarter of Anse La Raye. 

7. KEVIN FERDINAND, ROSARIUS MARQUIS, JOHN BAPTISTE  MACFARLANE, MITCHELL CADETTE and ALLEN LOUISY were  all shot and killed by the Police about 3:00 am on 5^th May, 2011 at Vieux Fort. 

8. ELISHOUS LOUIS shot and killed by the Police on 10^th January, 2012 about  5:00 pm at Bisee, Quarter of Castries. 

I can confirm that I am in receipt of case files in relation to all the matters I have  mentioned and I have had the opportunity to thoroughly review all of them, to assess  the status of the evidence contained therein presently. I have advised the  Commissioner of Police of my opinion regarding the sufficiency of the evidence  provided to my office thus far. 

For obvious reasons I cannot make public the contents of these files and so I shall  advise you of my position as it relates to these investigations to date. In relation to  the shooting deaths of JASON WARRICAN, KIMRON SIMON, ASHLEY  BERNARD, BERTRAM CHARLES and ELISHIOUS LOUIS I have advised the  Commissioner of Police that I do not find that there is sufficient evidence at this  stage for any charges to be preferred against the officers concerned in these  shootings. 

As it relates to the deaths of REGINALD JEAN, DWIGHT HENRY, KEVIN  FERDINAND, ROSARIUS MARQUIS, JOHN BAPTISTE MACFARLANE,  MITCHELL CADETTE and ALLEN LOUISY I have advised the Commissioner  of Police that I find that there are further lines of enquiry to be explored, therefore  the investigations in these matters are active and I intend to provide a follow up  update on these matters in due course. 

This is the extent of my update to you. 

Thank you.