Mom of murdered teen escapee wants PCA to probe son's death

THE MOTHER of one of the teenagers who escaped from the care of the Children’s Authority in March and was later shot dead has asked the Police Complaints Authority (PCA) to reconsider its position that her complaint did not fall within its remit.

Antonio Francois was killed on March 28, after he and four others escaped from a house in North Trinidad by squeezing through the burglarproofing. He and another escapee were shot dead a week later in McShine Lands, Laventille.

Attorneys for Francois' mother Nicole Braithwaite said she disagreed with the PCA’s position that her complaint did not fall within its remit.

On Tuesday, attorneys Michael Rooplal, Saira Lakhan, Vishan Girwar and Jamie Maharaj wrote to the PCA asking it to reconsider its position.

They gave the PCA until October 5, to reconsider, or Braithwaite will file judicial review proceedings. Maharaj said the PCA's failure to investigate was contrary to law and would constitute an omission to perform a duty.

The attorney said given the eyewitness reports that Francois and another boy were killed by “persons dressed in police uniform,” they were of the firm view that Braithwaite’s complaint fell squarely within the ambit of the authority, as it related to an alleged commission of a criminal offence by police officers.

The pre-action protocol letter said Francois died of multiple gunshot wounds.

“Following this homicide, as far as our client is aware, there was no police investigation conducted into the matter despite evidence that police officers were possibly involved in this incident.”

Maharaj said Braithwaite wrote to the PCA in May, asking it to intervene.

It said she received a response saying while the PCA by law had the power “to investigate criminal offences involving police officers; police corruption and serious police misconduct,” the complaint did not fall into its investigative remit.

“As you would no doubt appreciate, the PCA is charged with significant powers and functions which it discharges in the public interest. Indeed, the PCA is Trinidad and Tobago's only civilian oversight body. It is an independent body established by the (Police Complaints Authority) Act, whose singular focus is to keep watch over the TT Police Service,” the letter said.

Maharaj reminded that the functions of the PCA were to “investigate criminal offences involving police officers,” and “gather evidence that can be used in the prosecution of a police officer involved in a criminal offence and furnish such evidence to the Director of Public Prosecutions.”

She also said the PCA can carry out an investigation on its own initiative or on the basis of a complaint made by the public, a police officer, a public body or the appropriate authority or disciplinary tribunal of the police service.

“Given the eyewitness reports that the persons who killed our client’s son were dressed in police uniform, we are of the firm view that our client’s complaint falls squarely within the ambit of section 21(1)(a) of the act as her complaint relates to the alleged commission of a criminal offence by police officers.”

Newsday contacted PCA director David West for comment. He confirmed the PCA had received the letter from Braithwaite’s attorneys and responded that the authority will reply by October 12.