Acting Commissioner of Police McDonald Jacob said a forensic testing facility in Cumuto now being used by the police will help protect the chain of custody of evidence.
Jacob was speaking at the third virtual meeting of the Special Select Committee (Senate) on the Sexual Offences (Amendment) Bill, 2021 on Friday.
Jacob was responding to a request by Minister in the Office of the Attorney General Renuka Sagramsingh-Sooklal to explain the process of the chain of custody of evidence processed by the police.
He said the chain of custody is crucial to the police's presenting evidence in court.
“If that chain is broken, so is the evidence.”
He said challenges usually present themselves in the early stages of an investigation and it is at this point that leaks happen, but once the evidence is in the hands of officers, he said, it tends to remain there.
“In order to enhance the process, we established a one-stop-shop in Cumuto. Officers will not have to take exhibits from one place to the next in order to get testing done. It will be done under one roof. That is to maintain the chain of custody.”
Jacob said he could not recall in recent memory when evidence was leaked.
Asked by opposition senator Jayanti Lutchmedial whether he will support higher penalties for officers who commit offences in the performance of their duties, including leaking video footage of evidence during an investigation, Jacob said the penalties identified in the bill are already quite stiff.
“An officer found guilty will be out of a job,” he said. There are other consequences. I feel that is sufficient. I don’t believe there is a need to increase penalties.”
He said there have been situations where officers use their cellphones to record footage or capture images during an investigation and cited a case in Tobago in which an officer photographed an accused person who had been hospitalised. Jacob said that officer was charged and convicted.
Lutchmedial also questioned Jacob on the repercussions for officers who permit someone else to do the recording.
“We don’t want these people who (record and post) for their own personal gain to fall under this exemption.”
Jacob responded that once an officer has been caught performing unprofessionally, the Professional Standards Bureau will assess the situation and if the officer is found guilty, he or she will be charged and prosecuted.
He said the officer in Tobago was charged for malicious publishing under the Libel Act.
In cases where the victim is deceased, he said, there is more to be explored, but offenders will still be charged and, depending on the circumstance, such behaviour can amount to discreditable conduct.
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