THE ODPP'S CONFLICT OF INTEREST AND POLICE IMPUNITY
The formation of the Independent Police Oversight Authority in 2011 was
a great step forward but why they still don't have prosecutorial powers
baffles me.
IPOA was created to allow for civilian oversight over the National Police Service Commission which had been a law unto itself for ages letting police kill,maim and harass with absolutely no consequences.
IPOA has the ability to summon and investigate but it's up to the Office of the Deputy Prosecutor,at its discretion, to prosecute or to do what it normally does to police; nothing.
It's not particularly surprising though because of the structural and functional bond that the two share creating a blaring and inexcusable and perpetual conflict of interest. Police work hand in hand with the prosecutors everyday and rely on each other to function so how could they possibly be able to be independent of each other.
A massive shift is needed in the way the criminal justice system works in regards to police investigation and prosecution. Not too long ago before the ODPP was created, police were the prosecutors which meant that they were justice. The lack of skills and training ensured that evidence was tampered with, investigations were done to the shoddiest extent possible and the least possible justice was meted out. The shift meant that professionals were able to run prosecutions,hopefully managing to reduce botch jobs to an acceptable minimum. The shift however did not account for police as criminals, which they,a lot of times,are.
Police, however,continue to get away with everything possible because the prosecution rely on them. A good portion of criminal cases require police as witnesses and police work with them during investigations, evidence collection, providing evidence and so basically their work is inextricable. We cannot expect the Office of the Prosecutor to work independently.
1.Instituting and undertaking criminal proceedings against any person before any court of law except the court martial;
2.Directing the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct
This brings out a few interesting things; the police are still responsible for investigating themselves in a great number of cases if the case is forwarded to the ODPP. They also end up being the judge and jury through the dragon that is discretion which allows cases to be a non starter many times and I haven't quite seen situations where the prosecution recuses themselves because of conflict.
We already have IPOA which could through an act of parliament have its mandate expanded to include prosecution and thus having a fully armed body which can go beyond arresting police for the cameras collecting bribes off the highway. IPOA could act as special prosecutors who would hopefully eventually be given enough liberty to operate effectively, in an ideal situation. The ODPP would probably oppose it because we need change.
#StopExtraJudicialKillings #CitizensLivesMatter
IPOA was created to allow for civilian oversight over the National Police Service Commission which had been a law unto itself for ages letting police kill,maim and harass with absolutely no consequences.
IPOA has the ability to summon and investigate but it's up to the Office of the Deputy Prosecutor,at its discretion, to prosecute or to do what it normally does to police; nothing.
It's not particularly surprising though because of the structural and functional bond that the two share creating a blaring and inexcusable and perpetual conflict of interest. Police work hand in hand with the prosecutors everyday and rely on each other to function so how could they possibly be able to be independent of each other.
A massive shift is needed in the way the criminal justice system works in regards to police investigation and prosecution. Not too long ago before the ODPP was created, police were the prosecutors which meant that they were justice. The lack of skills and training ensured that evidence was tampered with, investigations were done to the shoddiest extent possible and the least possible justice was meted out. The shift meant that professionals were able to run prosecutions,hopefully managing to reduce botch jobs to an acceptable minimum. The shift however did not account for police as criminals, which they,a lot of times,are.
Police, however,continue to get away with everything possible because the prosecution rely on them. A good portion of criminal cases require police as witnesses and police work with them during investigations, evidence collection, providing evidence and so basically their work is inextricable. We cannot expect the Office of the Prosecutor to work independently.
1.Instituting and undertaking criminal proceedings against any person before any court of law except the court martial;
2.Directing the Inspector General of the National Police Service to investigate any information or allegation of criminal conduct
This brings out a few interesting things; the police are still responsible for investigating themselves in a great number of cases if the case is forwarded to the ODPP. They also end up being the judge and jury through the dragon that is discretion which allows cases to be a non starter many times and I haven't quite seen situations where the prosecution recuses themselves because of conflict.
We already have IPOA which could through an act of parliament have its mandate expanded to include prosecution and thus having a fully armed body which can go beyond arresting police for the cameras collecting bribes off the highway. IPOA could act as special prosecutors who would hopefully eventually be given enough liberty to operate effectively, in an ideal situation. The ODPP would probably oppose it because we need change.
#StopExtraJudicialKillings #CitizensLivesMatter
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