Al-Rawi: Be concerned about deaths in police custody

ATTORNEY General Faris Al-Rawi, in piloting a bill on Friday to strengthen the Police Complaints Authority (PCA), said despite improved crime statistics, the public should be concerned about deaths in police custody.

He appeared to be alluding to the deaths of two suspects in the kidnapping and murder of 23-year-old Andrea Bharatt, but without calling any names.

The PCA on February 9 said it was investigating the deaths of Andrew Morris and Joel Balcon, who were arrested after Bharatt failed to return home on January 29 and a ransom was demanded. Her decomposing body was found six days later down a precipice at the Heights of Aripo.

Al-Rawi piloted the Miscellaneous Provisions (Special Reserve Police and Police Complaints Authority) Bill 2020 in the House of Representatives.

Saying the police have an awesome power, the AG said, "At the same time there must be oversight, accountability and proportionality. And that's where the Police Complaints Authority is born."

He said the new bill mandates the CoP to respond, in writing, his proposed action within three months of the PCA making a recommendation in any case it has probed.

While the 1993 PCA Act had let police probe police, the 2016 PCA Act was "a radical step" to give a civilian, independent oversight to investigations into police officers, Al-Rawi said.

"Whilst Trinidad and Tobago is very pleased with the uptick in policing, with the lowest number of criminal matters in 20 years as produced by the statistics coming from the Commissioner of Police, (Gary) Griffith, whilst there is an 80 per cent approval rating for the Commissioner of Police himself, record-breaking items/markers, the truth is our country is properly dissatisfied.

"There is genuine concern that there can be police killings, police shootings or that people died in police custody.

"While that death in police custody, in a serious allegation matter, may satiate some desires, it is something to be equally concerned about."

Al-Rawi said Parliament was being invited to ensure a balance and a proportionality (regarding police powers.)

He said the PCA, in terms of statistics, had done very well. From 2014-2020 they had investigated 3,259 of the 3,876 complaints they had received.

The AG said TT has 12,213 police officers on active duty, made up of 6,983 regular police, 4,376 special reserve police (SRPs, both full-time and part-time) and 854 municipal police.

He said at present SRPs can only be investigated for complaints of corruption or criminal offences, but not for serious misconduct which is defined by the Police Service Regulations which, at present, do not apply to SRPs. Al-Rawi aimed to bring the SRP's under certain aspects of these regulations by fixing a gap in the law.

He said the bill also proposed for the business of the PCA to be conducted by the presence of either the director or deputy director, not requiring both as at present.

"The issue of people dying via police shootings or in police custody is a serious issue. There must be transparency. We must have a cleansing light to manage these issues.

"We must, while we push back against crime and criminality, preserve the balance and proportionality of that cleansing, safe view of an independent authority exercising its function."

He said the drafting of SRP regulations is under way and will be completed shortly.

"I welcome the public's new found advocacy. I want to compliment all stakeholders in this country that have now stopped for a moment to focus on issues."

He promised to put new bills out for public consultation and to bring fresh legislation to compliment the work done in the House that day."

The bill was passed with the support of the Opposition.