Law Association: Commissioner right to investigate DSS raid

Police Commissioner Gary Griffith - Angelo Marcelle
Police Commissioner Gary Griffith - Angelo Marcelle

THE LAW Association has welcomed the investigation by Police Commissioner Gary Griffith of the return of cash seized in the raid on the Drugs Sou-Sou (DSS) premises in La Horquetta, last week.

However, it has urged that “His investigation should also include whether there was a legal requirement to obtain a warrant before the search was initiated since a warrant obtained after a search has started does not legalise what has already occurred.”

On the weekend, Griffith defended the seizure of $22 million found at the house and told those who felt aggrieved to provide proof of their source of funds.

In a statement on Monday, the association said the privacy of a citizen’s premises was protected by the Constitution and ought only to be violated when carried out strictly by law.

“The failure to obtain a warrant when required, and the failure to disclose it when obtained, violates the Constitution, on the one hand, and engenders distrust, on the other. As things stand, it remains unclear what offence the officers leading this raid on private premises suspected was being or had been committed and what were the considerations that led to the return of cash seized.

“The commissioner is also right to investigate the individual caught on tape, seemingly stuffing cash into his apparel. The commissioner has made the statement that the individual is a member of the defence force and not the police service.

“Whether that is or is not the case, the commissioner ought not to belabour the point lest it appear that he is shirking responsibility for the conduct of an individual carrying out a search as part of a unit under his command.”

In a release on Monday, the defence force said it was cooperating with the police in its investigations and was also doing its own internal probe into alleged misconduct by its officers.

“Which service the individual belongs to will determine which body could launch disciplinary proceedings, on the assumption that there is evidence to support a disciplinary charge,” the association said.

It added that whatever unit the individual was assigned to, he was equally subject to the criminal law, as it encouraged the commission to also pay equal attention to reports of abuse by the raiding party.

“There is also a report that a woman who was on the premises when the search was being carried out has now miscarried.

“Except in necessary self-defence or to impede escape or where the police are being obstructed in the performance of their duties, there is no justification for physical abuse on the part of any member of the protective services. The Law Association, therefore, trusts that the commissioner will include this among the matters he intends to investigate.”

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