Ombudsman Annual Report 2018-2019

25 Ombudsman Sixth Annual Report 2018 - 2019 WKH FRDVWJXDUGV KDG GHWDLQHG KLV ERDW RQH RI WKH WKHP insulted him because he had switched on his boat light EHDP DQG GLUHFWHG LW WRZDUGV WKH SDWURO &RPSODLQDQW ) said that his friend had witnessed the incident. The investigator interviewed the witness and took a statement. The statement corroborated complainant )·V DFFRXQW RI WKH XVH RI LQVXOWLQJ ODQJXDJH DQG WKH reason for this. Ombudsman investigators then examined relevant documented evidence held in the Coastguard 'HSDUWPHQW DQG WKH FRDVWJXDUGV· VWDWHPHQWV ,W ZDV UHFRUGHG WKDW &RPSODLQDQW ) DQG KLV IULHQG KDG FRQWLQXHG WR VDLO GXULQJ D FXUIHZ DQG LQ OLQH ZLWK QRUPDO SUDFWLFH WKH FRDVWJXDUG KDG DSSURDFKHG WKHLU ERDW &RPSODLQDQW ) DQG KLV IULHQG WKHQ DWWHPSWHG WR HVFDSH from the coastguard patrol and directed their light beam towards their boat to hinder the coastguards. This UHVXOWHG LQ D FUDVK IROORZLQJ ZKLFK &RPSODLQDQW ) DQG his friend were arrested. it is recorded that the police DOVR VHDUFKHG &RPSODLQDQW )·V ERDW DQG FRQÀVFDWHG ÀVKLQJ HTXLSPHQW The Coastguard Department determined that the DFWLRQV RI &RPSODLQDQW ) DQG KLV IULHQG FRQVWLWXWHG criminal behavior and referred the case to the Public Prosecution. An Ombudsman investigator interviewed the police RIÀFHU DFFXVHG RI XVLQJ LQVXOWLQJ ODQJXDJH 7KH RIÀFHU FRQÀUPHG WKH DFFRXQW RI WKH LQFLGHQW EXW GHQLHG WKDW KH KDG YHUEDOO\ LQVXOWHG &RPSODLQDQW ) 7KH 2PEXGVPDQ 2IÀFH LQYHVWLJDWLRQ FRQFOXGHG WKDW the actions taken by the coastguard Ministry of the ,QWHULRU 02, SHUVRQQHO WR DSSUHKHQG DQG VHDUFK WKH boat and arrest its occupants was lawful in accordance ZLWK 0LQLVWHU RI ,QWHULRU 'HFLVLRQ 1R IRU WKH \HDU WKDW UHJXODWHV SHUPLWWHG VDLOLQJ DUHDV DQG WLPHV IRU UHDVRQV RI VHFXULW\ 7KH HYLGHQFH H[DPLQHG including the accounts of the complainant and his IULHQG DOVR DSSHDUHG WR FRQÀUP WKDW &RPSODLQDQW ) did direct his light beam at the coastguard patrol and that this was the cause of the accident. 1RWZLWKVWDQGLQJ WKLV WKH 2PEXGVPDQ 2IÀFH FRQFOXGHG that the coastguard who was the subject of the complaint may have used the alleged insulting language and that this was a breach of the Police Code of Conduct. This EHLQJ WKH FDVH 2PEXGVPDQ LQYHVWLJDWRUV IRUZDUGHG WKH FDVH ÀOH WR WKH 6HFXULW\ &RXUWV DQG QRWLÀHG WKH complainant of the decision. :HTWSL *HZL :L]LU 7KH 2PEXGVPDQ 2IÀFH UHFHLYHG WZR FRPSODLQWV IURP WZR IRUHLJQ LQPDWHV DW WKH ,VD 7RZQ :RPHQ·V 'HWHQWLRQ &HQWUH 7KH FRPSODLQDQWV DOOHJHG WKDW D SROLFH RIÀFHU assaulted them during their arrest and seized money belonging to them. The arrest was carried out in a room at a hotel where the two complainants were staying. $Q 2PEXGVPDQ LQYHVWLJDWRU ZHQW WR WKH :RPHQ·V 'HWHQWLRQ &HQWUH EXLOGLQJ DW WKH :RPHQ·V 5HIRUP and Rehabilitation Centre in Isa Town and interviewed the complainants. The interviews were carried out LQ DQ LQGHSHQGHQW RIÀFH ZKHUH FRQÀGHQWLDOLW\ ZDV DVVXUHG (DFK RI WKH ZRPHQ DOOHJHG LQGLYLGXDOO\ WKDW a policewoman had slapped them on the face and FRQÀVFDWHG WKHLU PRQH\ The investigator reviewed all of the documents relating to the arrest of the two women and established the identity of the policewoman who was the subject of WKH FRPSODLQW 7KH RIÀFHU ZDV WKHQ UHTXLUHG WR DWWHQG an interview with the investigator at the Ombudsman RIÀFH $W LQWHUYLHZ WKH RIÀFHU GHQLHG WKH DOOHJDWLRQV RI the complainants and stated that the two complainants were arrested following the issue of an arrest warrant from the Public Prosecution and were taken to the 3URVHFXWLRQ IROORZLQJ WKHLU DUUHVW 6KH SRLQWHG RXW WKDW the women had not alleged to the Prosecution on being subjected to assault. The investigator examined evidence relating to the amounts of money seized from the complainants and established that the seizure followed the making of an RUGHU E\ WKH 3XEOLF 3URVHFXWLRQ 6HUYLFH LQ FRQQHFWLRQ with criminal proceedings for alleged prostitution. It was recorded that a receipt for the money taken was handed over to the two complainants. The investigator checked to see whether any CCTV IRRWDJH RI WKH DUUHVW ZDV DYDLODEOH EXW UHJUHWWDEO\ WKH arrest was not recorded. Medical records showed that