VZCZCXYZ0001
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 
 
SIPDIS 
 
SIPDIS 
 
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. 
 
 
JOHNSON