The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

AN independent commission that will be empowered to investigate complaints of misconduct involving security forces will have sweeping powers, part of what officials in the Davis administration hope will produce outcomes that help restore the public’s shaken faith in law enforcement.

The legislation establishing the commission, which Prime Minister Philip “Brave” Davis foreshadowed last week after a US federal indictment made explosive corruption allegations mostly involving the Royal Bahamas Police Force, was released to the public yesterday.

Though he did not table the bill, National Security Minister Wayne Munroe discussed the Independent Commission of Investigations Bill in the House of Assembly, saying it will introduce a “new era of accountability and justice”.

The commission will have the power to investigate serious allegations against the police, defence force, and the Department of Corrections.

The bill defines an “incident” as any action, occurrence, or behaviour by members of the security forces or specified public officials involving allegations of misconduct, abuse of power, corruption, or breaches of trust. This means the commission will focus on serious allegations, including excessive use of force, corruption, procedural violations, or other actions that undermine public confidence in law enforcement and public administration.

The commission’s functions would include investigating misconduct allegations by police or public officials, inspecting relevant records, documents, and buildings, interviewing witnesses, reviewing procedures within the Security Forces and public bodies, and ensuring that complaints are properly submitted and investigated.

The bill also empowers the commission to obtain documents, visit premises, seize evidence, hold hearings, summon witnesses and take over investigations from existing agencies.

“No rank, no title, no position will shield anyone from the reach of this commission,” Mr Munroe said.

According to the bill, the body would have three members appointed by the Governor-General after the Prime Minister consults the Leader of the Opposition.

Members of the Senate or House of Assembly, current or former members of a security force, those who have been convicted or declared bankrupt and have not been discharged and those convicted of an offence involving dishonesty or moral turpitude are disqualified from a commissioner role.

Similarly, people involved in a firm or company with a government contract related to public service cannot serve as commissioners unless they disclose the nature of the contract and their interest in it.

The commission will have a president and vice-president.

People can file complaints with the commission or with its Director of Complaints.

The legislation grants immunity to witnesses and people assisting the commission. Still, it specifies that no person appearing before the commission may refuse to answer questions or produce documents or other exhibits on the grounds that doing so would self-incriminate.

Any witness who gives false evidence at a commission hearing would be guilty of perjury and liable to a penalty.

According to the bill, if the commission determines that a complaint warrants investigation, it will conduct an inquiry and submit its findings to the Director of Public Prosecutions, along with recommendations for any charges.

Complaints may be resolved informally if the commission concludes that the conduct does not merit criminal charges. However, if an informal resolution is not possible, the commission must begin an investigation immediately. It is not obligated to investigate complaints if it deems the matter can be resolved fairly and adequately through other means.

After completing an investigation, the commission must submit a report to Parliament detailing its findings and recommendations. A press release will also be issued to inform the public about the investigation’s conclusion.

Additionally, the commission may propose legal reforms, suggest improvements for the Security Forces or public bodies, and recommend measures to protect complainants from retaliation.

The bill imposes strict penalties for obstructing the commission’s work, making false statements, or failing to comply with its lawful requirements, with offenders facing fines of up to $5,000, up to two years in prison, or both.

Commissioners will serve five-year terms, with the possibility of reappointment for another five years, and their remuneration and conditions will be comparable to those of judicial officers to ensure the role’s significance.

The commission will establish regional offices in New Providence and the Family Islands, managed by Directors of Complaints, to ensure the accessibility of its services nationwide.