XN000022-1993-04-21 — Page 11

WEDNESDAY, APRIL 21, 199:

THERE ARE VERY GOOD REASONS WHY THE POLICE, IN THE FRONT LINE OF LAW ENFORCEMENT, WILL ALWAYS ATTRACT A LARGE NUMBER OF UNJUSTIFIED COMPLAINTS. SOME WHO ARE PROSECUTED LODGE COMPLAINTS TO TRY TO DISCREDIT THE ARRESTING POLICE OFFICERS AS A MEANS OF DEFENCE. SOME MAKE COMPLAINTS IN THE HOPE OF AVOIDING PROSECUTION ALTOGETHER. OTHERS MAY LODGE COMPLAINTS IN THE HEAT OF THE MOMENT, FOR EXAMPLE AFTER RECEIVING A SUMMONS FOR A MINOR OFFENCE, BUT ON CALMER REFLECTION DECIDE TO RETRACT THE ALLEGATION. Ι HAVE HEARD THE SUGGESTION THAT THE PERSON WILL NOT BOTHER TO GO THROUGH THE COMPLAINT PROCESS UNLESS HE HAS A GENUINE CAUSE FOR GRIEVANCE. THAT, AT BEST, IS ANOTHER ASSUMPTION. IF WE WERE TO ACCEPT IT AS A BASIS FOR BELIEVING THE COMPLAINANT'S WORDS, POLICE OFFICERS WOULD HAVE LITTLE PROTECTION AGAINST MALICIOUS COMPLAINTS. POLICE OFFICERS HAVE A RIGHT TO BE PRESUMED INNOCENT UNLESS THERE IS ADEQUATE RELIABLE EVIDENCE TO THE CONTRARY. FOR SERIOUS ALLEGATIONS, THE QUESTION WHETHER THERE İs ADEQUATE RELIABLE EVIDENCE IN A PARTICULAR CASE IS JUDGED NOT BY CAPO BUT BY THE ATTORNEY GENERAL'S CHAMBERS.

IN ANY CASE, THE SUCCESS OR OTHERWISE OF A POLICE COMPLAINTS AND REDRESS SYSTEM SHOULD NOT BE JUDGED JUST ON STATISTICS. WHAT IS MORE IMPORTANT IS THE BENEFIT WHICH SOCIETY AS A WHOLE DERIVES. COMPLAINT CASES ENABLE THE POLICE FORCE TO IMPROVE ITS SERVICE TO THE PUBLIC, TO REVISE ITS PROCEDURES AND TO IMPRESS UPON ALL POLICE OFFICERS THE NEED TO BE COURTEOUS AND CONSIDERATE IN DISCHARGING THEIR DUTIES.

IT IS OF COURSE IMPORTANT THAT INDEPENDENT, NON-POLICE MEMBERS OF THE COMMUNITY ARE INVOLVED IN THE CONSIDERATION OF COMPLAINTS AGAINST THE POLICE IN ORDER TO ENSURE IMPARTIALITY. THIS IS THE REASON FOR THE POLICE COMPLAINTS COMMITTEE. THE COMMITTEE CONSISTS OF PEOPLE OF HIGH STANDING AND INTEGRITY APPOINTED BY THE GOVERNOR TO MONITOR THE INVESTIGATION OF COMPLAINTS BY THE POLICE. IT IS ASSISTED BY AN INDEPENDENT SECRETARIAT. THE COMMITTEE ANALYSES AND CONSIDERS THE RESULT OF BACH INVESTIGATION. IT CAN, AND DOES, REFER CASES BACK ΤΟ CAPO FOR FURTHER INFORMATION AND INVESTIGATION WHERE IT CONSIDERS THIS NECESSARY TO ENSURE THAT A COMPLAINT HAS BEEN DEALT WITH FULLY AND FAIRLY. IN THE FINAL ANALYSIS, IF NOT SATISFIED WITH CAPO'S INVESTIGATION, THE COMMITTEE CAN DRAW A CASE TO THE ATTENTION OF THE GOVERNOR. THIS SYSTEM IMPOSES PRESSURE ON CAPO TO ENSURE THAT COMPLAINTS ARE INVESTIGATED THOROUGHLY AND IMPARTIALLY.

ADMINISTRATION REMAINS OF THE VIEW THAT, WHILE MONITORING SHOULD BE DONE BY AN INDEPENDENT BODY, INVESTIGATIONS SHOULD CONTINUR TO BE CARRIED OUT BY THE POLICE. THERE ARE GOOD REASONS FOR THIS. COMPLAINTS AGAINST THE POLICE USUALLY ALLEGE BREACHES OF THE CRIMINAL LAW, OR OF POLICE DISCIPLINE OR PROCEDURES. SOME ARE STRAIGHTFORWARD CRIME REPORTS WHICH CLEARLY SHOULD BE A MATTER FOR THE POLICE; OTHERS REQUIRE A KNOWLEDGE OF POLICE PROCEDURES, AND IN THE FINAL ANALYSIS, THE EXERCISE OF PROFESSIONAL JUDGEMENT AS TO WHETHER THE ACTION OF THE POLICE OFFICER UNDER INVESTIGATION IS JUSTIFIED IN ALL THE CIRCUMSTANCES OF THE CASE.

/THE VIABILITY ..................