AS more police investigated cases hit the courts, including the most recent Crawle case, the Jamaica Constabulary is emerging as inept at crime scene preservation, which has served to weaken prosecution cases in the eyes of jurors.

SHIELDS... wants to ensure that every officer is forensically aware

The issue emerged in the Jason Smith murder trial, with one of the jurors, in a Sunday Observer exclusive (see story on this page), advising that they were left to speculate that evidence might have been planted at the scene.

On Friday, while he declined to comment on the Crawle case - as ordered by police commissioner Lucius Thomas - crime chief Mark Shields said the constabulary would be addressing the issue in the new year, both to ensure better quality investigations, but also to retain the confidence of the Director of Public Prosecutions (DPP).

But Shields, a deputy commissioner of police, also defended his team, saying that crime scene investigators had improved their techniques in recent months, but admitted that problems remained.

"I have visited numerous crime scenes since I've been in post from the first of March, and on some occasions the scene has not been preserved as well as I would have liked," he told the Sunday Observer.

PANTRY... lost the Crawle case

DPP Kent Pantry was the lead prosecutor in the Crawle trial which ended Tuesday with all six accused cops acquitted of murder for the shootings of Lewina Thompson, Angella Richards, Kirk Gordon, and Matthew James.

On December 3, the other three cops, accused of the murder of teenager Jason Smith, were also set free by another 12-member jury.

In February, the six cops accused of the 2001 murders of seven teenagers and young men - aged 14 to 20 - in Braeton, St Catherine were freed in the Home Circuit Court after the trial judge, Justice Donald McIntosh, ruled that a prima facie case had not been made out against them.

McIntosh indicated then that the crown had brought no evidence that would lead one to "feel sure" that the killings were not "lawful self-defence".

It is almost the norm for curious onlookers to traipse through crime scenes, setting the stage for the botched investigation of cases.
Shields says he will be hammering home to the police, and particularly those who are not trained crime scene investigators, the need to secure evidence.

"I would like to think that every officer, who is the first to arrive at a crime scene, has sufficient basic knowledge to preserve it until the experts arrive. We want to ensure that every officer is forensically aware," he said.

"It is about cascading it down. We have to ensure that the knowledge is imparted to every officer in the divisions."
Shields did not, however, feel that a policy directive was required to make this happen. What is needed, he argued, was educational reinforcement.

"I think it is just a question of re-educating and reminding officers how to preserve a crime scene," he said. "I often say to scenes of crime officers and other officers, the importance of getting it right the first time, because, if mistakes are made, it's very hard to retrieve the evidence once it's been corrupted or destroyed."

Those who fail consistently will likely face penalties.
"If any officer is falling below the standard that is required then they will be held accountable, as indeed I am. Whether it is in regard to scene preservation or indeed any other aspects of their jobs, we expect them to work professionally. And if they don't, then they will be held accountable, as it is in any job," he said.

Questioned as to the course of action to be taken against cops who fail to secure a crime scene, Shields said it would mirror the action taken against those who fail to perform any aspect of their duties.

"Initially we would start - without cracking a nut with a sledgehammer - by looking at words of advice and training. If on the other hand, an officer persistently disregards any aspect of professionalism then it may be that we would have to take it further," he said.

"In any job we expect standards and ultimately if people do not do their jobs they may pay the ultimate sanction, whether they are journalists or policemen.

Eventually, a person in any profession, if they persistently fall below the standards, may be required to resign."
The deputy commissioner was quick to add that they would not be going on a witch-hunt since the objective was to enhance the professionalism of the force.

"The commissioner wants to improve the level of professionalism in the JCF and I support him 100 per cent in that. Therefore, all of the officers in my command know what I expect and they know that I will hold them accountable, as indeed I am held accountable," he said.
But the problem of crime scene management also extends, said the crime chief, to insufficient equipment.

The result, he said, has been that even though the force has 120 well trained crime scene investigators, they are challenged in their duties.

"I do see that the level of professionalism is improving and the crime scene awareness is improving. But without adequate equipment ... without first class equipment, you can't really expect them to do a first class job," he said.

They need adequate lighting, crime scene tents that will preserve the scene against inclement weather, "proper" drying cabinets for wet evidence, such as blood and body fluids, as well as functioning refrigerators that will prevent the degradation of samples collected from crime scenes.

These are among the items, which are to purchased in the new year with the $5 million contributed to the police by the Private Sector Organisations of Jamaica (PSOJ).

williamsp@jamaicaobserver.com

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