JAMAICA’S WIKILEAK-ANTI-CORRUPTION STRATEGY: JAMAICA’S POLICE

ZCZCXYZ0001
RR RUEHWEB

DE RUEHKG #0380/01 0781407
ZNY CCCCC ZZH
R 191407Z MAR 07
FM AMEMBASSY KINGSTON
TO SECSTATE WASHDC 4493
C O N F I D E N T I A L KINGSTON 000380

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STATE FOR INL/LP (BOZZOLO), INL/C (KOHN) AND WHA/CAR
(BUDDEN)

E.O. 12958: DECL: 03/19/2022
TAGS: KCRM KJUS PGOV KCOR JM
SUBJECT: ANTI-CORRUPTION STRATEGY: JAMAICA’S POLICE
CIVILIAN OVERSIGHT AUTHORITY

Classified By: DCM James T. Heg for reasons 1.5 (b) and (d).

1.(U) Summary: At the request of the Police Civilian
Oversight Authority (PCOA), embassy officials met with them,
on March 13, to explore possible assistance the USG could
provide to help the PCOA become fully operational.
Initially, NAS plans to use approximately $20,000 in residual
ESF funds for this purpose. We would like to see the PCOA
become a strong advocate for improving professionalism in the
Jamaica Constabulary Force (JCF), which would include
attacking the problem of corruption within the JCF. End
Summary.

PCOA STRUCTURE AND FUNCTIONS

¶2. (U) The PCOA was created by the Police (Civilian
Oversight) Authority Act, 2005. The act was signed by the
Governor General (GG) on December 28, 2005. The law placed
the PCOA under the Minister of National Security (MNS), and
it is the Minister’s responsibility to obtain necessary
budget support for its operation. Members (there are five,
but seven can be named) are appointed by the GG, after
consultation with the Prime Minister and the Leader of the
Opposition, for an initial term of five years. Current
members were appointed in 2006. The Chairman is The Most
Reverend Charles H. Dufour, Roman Catholic Bishop for Western
and Central Jamaica. However, the most energetic members is
the Honorable Oliver F. Clarke, who owns one of Jamaica’s
leading newspapers, The Gleaner, among other companies.

¶3. (U) Functions of the PCOA include the following: monitor
the implementation of policy relating to the JCF; monitor the
standard of performance of the JCF to ensure that
internationally accepted standards of policing are
maintained; conduct inspections; and monitor management and
use of financial and other resources of the JDF. In carrying
out its duties, the PCOA has the power to question the
Commissioner of Police or any other JCF officer; require
presentation of JCF documents and records; enter all JCF
facilities; and take complaints from the public concerning
JCF operations. Any person who tries to prevent the PCOA
from entering JCF premises or who fails to provide
information or documentation required by the PCOA is subject
to a maximum fine of JA$100,000 (U.S.$1500) if found guilty
by a Resident Magistrate. The PCOA may refer any matter to
the Police Service Commission (PSC), the MNS, the Commission
for the Prevention of Corruption or to the Commissioner of
Police. Each year the PCOA is required to report its
operations and findings, along with recommendations for
improving the efficiency of the JCF to the MNS, who tables
the report before Parliament. In addition, the MNS, at any
time, can ask the PCOA to provide a specific report on any
matter within its jurisdiction. The Minister has the
authority to make regulations, subject to affirmative
resolution, with regard to any matter for the purpose of
carrying out the Act. Maximum penalty for violations of such
regulations is a fine not more than JA$250,000 (U.S.$3800) or
six months prison or both.

¶4. (SBU) Currently, the PCOA has no office and no staff.
They expect to get some support from the GOJ annual budget in
April and requested funds to support a staff of 25. PCOA is
trying to locate an office site. They have identified an
administrative assistant and they are interviewing people for
the positions of CEO and Chief Inspector. The PCOA meets
monthly in a Kingston hotel. PCOA will require monthly
reports from the JCF on their activities. In addition,
special reports will be requested on topics like corruption.
Previously, PCOA members inspected some JCF installations and
they studied the issue of firearms. Comment: Acting NAS
Director (NASDIR) met with the Authority, on February 27, at
their request. He was asked to give his assessment on a
confidential basis of the level of corruption in the JCF and

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whether the JCF met international standards of policing. The
response was that corruption is widespread and that the JCF
does not meet international standards in terms of
professionalism, as well as the level of corruption. End
Comment.

POSSIBLE U.S. MISSION ASSISTANCE

¶5. (U) At the PCOA meeting on March 13, NASDIR and Deputy AID
Director discussed a proposal to help PCOA with such things
as better defining operational procedures and planning, as
well as a identifying a work plan of specific PCOA
activities. Consideration is being given to allocating
$20,000 in ESF money to cover the expenses of an expert from
the Police Foundation to come to Jamaica to advise the PCOA.
But, members were asked to think about the proposal and
identify benefits they would expect to gain from the Police

Foundation expert. Tentatively this person could come to
Jamaica as early as May. By that time, the Authority expects
to hire its Administrative Officer and CEO.

¶6. (C) Members of the PCOA requested our assistance in other
ways, as well. It will be looking for advice on mechanisms
through which it can pressure the JCF to take action
regarding corruption. Mr. Clarke sits on the Police Services
Commission (PSC), which among other things, must approve
recommendations for promotion. He asked whether we could vet
(via our Leahy name check procedure) JCF officers proposed
for promotion. The requests would be confined only to those
of a rank of superintendent and above — probably a total of
ten a year. Apart from that, Clarke said the PCOA and PSC
would benefit from confidential briefings by the embassy on
subjects like polygraphing. Comment: If the embassy were to
vet senior JCF officers up for promotion, that would be done
confidentially. This is something we can do to try to

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prevent promotion of officers who we have reason to believe
are corrupt. Apparently, the British already are doing this,
but the PSC would like U.S. input as well. End Comment.

¶7. (C) Finally, the PSC has adopted the tactic of trying to
persuade Commissioner of Police Lucius Thomas to recommend
that police officers be “retired in the public interest.”
The Commissioner has done that on a very limited basis, but
Clarke says it needs to be expanded in order to gain a major
impact on corruption within the JCF. The PSC is prepared to
endorse such recommendations, but the Commissioner is
dragging his feet. In a past case, when an officer (or
officers) were required to retire in the public interest,
they mounted a legal challenge which will be heard in the
Privy Council. But, Clarke said, that will take three years.
As part of the effort to clean up crime in Montego Bay, a
number of JCF officers apparently are being or should be (not
clear) retired in the public interest. At the PCOA meeting,
Clarke (with agreement of other PCOA members) urged the U.S.
embassy to encourage Thomas to utilize the tactic in
conjunction with his avowed anti-corruption stance. Comment:
Another embassy contact, Noel Hylton, is the chairman of the
PSC. Hylton heads the Jamaica Port Authority. We need to
discuss this point with him in the near future. End Comment.

¶8. (C) During a private conversation with NASDIR the evening
of March 13, Clarke said, confidentially, he does not trust
the Commissioner of Police or the Deputy Commissioner in
charge of intelligence, XXXXXXXXXXXX. He explained that,
last year, XXXXXXXXXXXX obstructed the appointment of an American law enforcement officer to the International Police Officer
(IPO) slot that would have the anti-corruption portfolio.
According to Clarke, XXXXXXXXXXXX resented the prospect of having a
“white” man in that job (white could also mean foreign) and
Assistant Commissioner XXXXXXXXXXXX opposed the move as it
would remove anti-corruption from her portfolio. She put
pressure on XXXXXXXXXXXX. Comment: As reported in earlier reports,
the JCF started recruiting once again for the IPO position in
January. The JCF has narrowed down viable candidates to two,
and a decision regarding selection is expected any day now.
It remains to be seen whether XXXXXXXXXXXX will create problems
like he did last year or move expeditiously this time. Both
candidates are British. End Comment. In response to a
question from NASDIR, Clarke advised that the Commissioner is
appointed by the PSC, but, under the law, he was answerable
to no one. Previously, that position was under the Minister
of National Security. But, during the 1970s, when Michael
Manley was Prime Minister, the Police Commissioner arrested
opposition JLP leaders without cause. To de-politicize the
office, it was made independent. But, it was now unclear how
a Commissioner could be removed, other than by strong
political persuasion. Comment: For what it is worth, on
March 16, the Director of the National Intelligence Bureau,
Senior Superindentdent Derrick Cochrane, informed NASDIR that
XXXXXXXXXXXX passed a polygraph administered fairly
recently in Trinidad in conjunction with security measures
for World Cup Cricket. A few weeks ago, Deputy Commissioner
Mark Shields was urging NASDIR to suggest to XXXXXXXXXXXX that XXXXXXXXXXXX be polygraphed. NASDIR confirmed that Shields was
unaware of the polygraphing in Trinidad. Of course, we do
not know who administered the polygraph or what questions
were asked. End Comment.