Prime Minister P.J. Patterson delivers his statement on the wire-tapping issue at Gordon House yesterday. At right is Terry Gillette, Junior Minister of State with responsibility for Parliamentary Affairs and behind, from left, Labour Minister Donald Buchanan and Phillip Paulwell, Minister of Industry, Commerce and Technology. -- Rudolph Brown Below are excerpts from the statement delivered to Parliament yesterday by Prime Minister P.J. Patterson on investigations into the alleged illegal use of wire-taps and drug-trafficking at high levels in the Jamaica Constabulary.
MADAM SPEAKER, I believe every member of this Honourable House would regard allegations of illicit wire-tapping and the possible involvement of any member of the security force in drug trafficking as serious in the extreme.
These two offences raise grave implications to the rule of law and the fight against criminality. But they are not to be confused.
Each requires separate and distinct investigations which must be intensive and professionally conducted.
The arm of the state, constituted to preserve the peace, and to detect crime is the Jamaica Constabulary Force.
The conduct of investigations is vested by law in them.
It is recognised that where the allegations involve the police force, special arrangements will always be necessary to ensure transparency and credibility.
It was with this in mind that a new investigative organ was announced by me in the Budget Presentation last year. The Bureau of Special Investigations (BSI) was constituted to investigate all cases of police shootings and allegations of police corruption.
This unit, established just over one year ago, allowed the Director of Public Prosecution (DPP) to be brought into the picture at the initial stages and to guide the investigative process from the start.
For reasons which are palpably obvious, the Bureau of Special Investigations could not be expected, in the circumstances of the present allegations, to undertake this function in respect of these specific allegations. The Director of Public Prosecution (DPP) in the discharge of his functions will have to select a special investigative unit suitably staffed and equipped.
I have instructed that the necessary resources should be placed at his immediate disposal.
The Director of Public Prosecutions
The conduct of this matter has now been passed to the Director of Public Prosecution (DPP).
By Section 94 of our Constitution, the powers conferred upon him are not subject to the direction or control of any other person and/or authority. In simple language, he does not report to me, the Minister of National Security and Justice or the Attorney-General.
As I pointed out earlier this year, since 1962, we have our own version of the Independent Prosecutor, namely, the DPP.
In order to ensure that the investigations are of the highest integrity and expeditiously completed, the Government intends to make available whatever resources are necessary. In particular, should he find it necessary to engage external assistance, the Government will, to the extent necessary, make diplomatic representations to obtain quick and positive responses.
He has today received from the police the files on the two broad areas he will have to consider as to whether criminal proceedings ought to be instituted and if so against whom.
He has already indicated to the government that the expertise he needs for the range of the complex matters before him may require collaboration with security entities that are partners with us in a variety of mutual international security assistance/support programmes.
We will give full support in getting whatever skills and technology he may need.
On receiving complaints that illicit wire-tapping was taking place, I directed that certain enquiries be made.
Despite the assurances given, flowing from such investigations as were conducted, I felt obliged to write formally to the Chief Executive Officer of Cable & Wireless Jamaica.
In my letter of September 12, 2000, I reiterated that the procedures outlined in Mr. Manley's letter of August 23, 1989 still remained in effect.
I pointed out that "no wire-tapping may be undertaken by the Security Forces in disregard of these procedures and no private company or group could be allowed to engage in wire-tapping."
I sought confirmation as to whether these procedures were being fully observed and "that no wire-tap has been sanctioned by, or has come to the attention of Cable & Wireless Jamaica, which is not in full conformity with the arrangements previously outlined."
Cable & Wireless Jamaica Limited
His reply to me of September 18 stated "I confirm (to my certain knowledge) that the procedures referred to in your letter and the attachment, are being fully observed by Cable & Wireless Jamaica Limited and that no wire-tap has been sanctioned by, or has come to the attention of Cable & Wireless Jamaica, which is not in full conformity with the arrangements previously outlined."
The House should be advised that during my incumbency, I have signed or authorised no wire-taps which contravene the criteria and procedure indicated to this Honourable House.
Madam Speaker, I remain of the view that the sanctioning of wire-taps ought to be transferred to Judicial Hands.
It must be admitted that the promised legislation has taken far too long.
The Draft of an Act to govern the interception of Communications in the course of Transmission over a Public Telecommunications System and to provide penalties for any breach is now virtually complete.
I have given firm instructions to the Minister of National Security that the Bill must be taken through Legislation Committee and Cabinet so as to permit tabling and in Parliament during December. I am holding him responsible for making sure that this Legislative Year does not end without the Bill being passed into Law.
Restoring the Integrity and Public Confidence in the Police Force
Madam Speaker,
The police force and the army are of supreme national importance because these are the institutions to which we entrust the safety and protection of every citizen. This Government intends to build a strong, honest and competent police force.
If the police force is to carry out its responsibility of effectively securing our nation, the integrity of the force must be beyond reproach. We have to ensure the maintenance of public trust and confidence.
As a consequence, the functions and structure of the Police Public Complaints Authority will be expanded and empowered to initiate investigations and to receive information and investigate complaints about corruption.
I would just like to remind this Honourable House, that the Police Public Complaints Authority is a purely civilian body. The newly empowered panel of investigators will be civilians who are lawyers, accountants and other individuals with the requisite skills. These persons will be given the appropriate training to enable them to perform their functions effectively and impartially.
Citizens will be able to call in to the existing toll-free numbers and make complaints without being identified.
In the circumstances, this will now embrace full responsibility for investigating allegations of corruption against the police.
Conclusion
Madam Speaker, Let me end by saying something, which I believe, answers a fundamental question in the minds of many concerned Jamaican citizens at this time.
I have focused my attention on the illegal wire-tapping allegations, because if illegality has occurred, it must be proved and dealt with according to law.
But that having been said, it is also the case that, if the DPP uncovers evidence of corruption or serious crime involving anyone, then the pursuit of those who are implicated must lead to their being brought to trial and, if found guilty, punished according to law.
Madam Speaker, if out of this situation we come to that point where we make a difference to the unearthing of serious crime, the eradication of corruption and the strengthening and improvement of our security forces, then it will have contributed to a brighter day for our nation.
It is in that spirit that I urge full co-operation from all parties as we seek to initiate and conclude thorough investigations within the shortest possible time.
