The Barbados Police Service (TBPS) hierarchy has asserted that it is premature to consider whether an independent body should investigate the controversial discovery of a mobile phone in a police station interviewing room during a lawyer-client meeting.
His comments came a day after the Barbados Bar Association (BBA) called for a commission of inquiry into the matter, or, at the very least, the establishment of an independent investigation.
In a separate development, the Democratic Labour Party (DLP) endorsed the BBA’s call and further called for an independent body to investigate alleged breaches of suspects’ rights during in-custody investigations.
Commissioner of Police Richard Boyce expressed hesitancy towards the lawyers’ proposal, declaring in an interview with Barbados TODAY on Thursday: “It’s too early to say because things are still active in the investigations. So, at this point, I wouldn’t be able to comment. Probably later, but not at this point.”
Convenor of the BBA’s Criminal Law Council Martie Garnes said at a press conference on Wednesday that the association is keeping all its legal options open regarding how to proceed if they do not receive a copy of the full report from a previous Regional Security System (RSS) investigation into the matter and if a commission of inquiry is not initiated.
The incident unfolded on February 4, when attorney-at-law Faith Greaves discovered the concealed mobile phone during her meeting with a client at the District ‘E’ Police Station in Speightstown.
The DLP has thrown its support behind the bar association’s demands.
First vice president and prominent criminal attorney Michael Lashley expressed disagreement with the Commissioner of Police’s assertion that there was no privacy breach in the incident, describing it as “a national mystery”.
“In this vein, the DLP supports the Barbados Bar Association’s call for an independent probe into the matter. Further, we are calling for full disclosure regarding the investigation that was conducted. It is our position that all the statements coming out of this matter should be disclosed to the relevant stakeholders.
“Moreover, we call for concrete steps to be taken to ensure that communication between lawyer and client is protected going forward and that there are no opportunities for any suspect’s rights to be infringed upon in the future,” he said.
Lashley further called on Attorney General Dale Marshall to conduct a comprehensive review of the criminal justice system, emphasising that a piecemeal approach to reform would not suffice.
The DLP has recommended several measures, including the establishment of an independent body to investigate alleged breaches of suspects’ rights during in-custody investigations, amendments to the Police Act to mandate strict procedural rules to be followed when a suspect is in custody, and the creation of a duty lawyer scheme to protect suspects’ rights and safeguard the State from any liability for breaches of the suspect’s fundamental rights.
“The DLP contends that this national mystery must be properly investigated as a matter of urgency, as it is a stain on the criminal justice system and the police service. We are confident that implementing our recommendations will assist in bringing about fundamental reform of the criminal justice system, which is needed to bring back public confidence,” Lashley added said.
The Bar Association on Wednesday reiterated that their actions were motivated by a quest for answers and greater accountability, with a focus on rebuilding trust in the police service.
emmanueljoseph@barbadostoday.bb
