July 30, 2018 – The Full Court, today (July 30), handed down its ruling following a Judicial Review filed by the Jamaica Defence Force (JDF). The Orders were made on the fixed date claim filed by the JDF on 29 January, 2016 into the Commission’s decision to investigate the firing of mortars by the JDF during the 2010 Joint Police/Military Operation in Tivoli Gardens. INDECOM had obtained a search warrant to get evidence and information pursuant to its investigations. Notices were also served requiring members of the JDF to answer questions and provide statements.
Orders relating to INDECOM’s mandate
The Court unanimously ruled that INDECOM’s investigations were not an unreasonable exercise of power.
Orders relating to warrants
The majority of the Court refused the JDF’s applications to quash the warrant and prohibit the execution of the warrant at JDF premises. A majority further ruled that the execution of the warrant on the JDF’s premises would not be prejudicial to the interests of the State.
Orders relating to notices and evidence
The Court refused the JDF’s application to prevent INDECOM from serving Notices and taking evidence on oath from persons.
Orders relating to Public Interest Immunity
The JDF sought to rely on a Ministerial Certificate to refuse the production of evidence for a number of items. The Court only granted immunity for a single item, namely, the operational orders.