__________________________________________________________________________________________________

Contact: Kahmile A. Reid - Senior Public Relations Officer

The Independent Commission of Investigations
Office: 1.876.968.8875 Ext. 282. Mobile: 1.876.833.7488. Fax: 1.876.960.4767. Email: kahmile.reid@indecom.gov.jm





FOR IMMEDIATE RELEASE

TELEPHONE: 968-8875 THE INDEPENDENT COMMISSION OF INVESTIGATIONS
1 A Dumfries Road
Kingston 10
Jamaica
INDECOM SUBMITS SPECIAL REPORT TO PARLIAMENT
CONCERNING ROBERT KENTUCKY KID HILL
October 30, 2014 - The Independent Commission of Investigations (INDECOM) wishes to advise the public
that it has sent a special report to parliament regarding the case of the fatal shooting of Robert Kentucky Kid
Hill by agents of the state as it is the Commissions view that there are issues therefrom that require the special
attention of Parliament.
The Commission has concluded that there is a strong prima facie case that Hills right to life was breached
because the evidence reveals that his life was taken by unjustified use of force by agents of the state. In addition
there was no effective prosecution. This view is supported by evidence that the officers accounts of the incident
and possible inferential evidence that the killing was motivated by a private grouse. Further, scientific evidence
does not support that allegation that Hill fired upon the police officers.
In this special report, the Commission indicated its concern about the manner in which the matter was brought
to an end which was essentially as a result of the DPPs view that it was not possible for self defence (the claim
of the police officers) to be negatived.
Concerns of the Commission Regarding The DPPs Decision
1. The DPP made two decisions, the first of which was to end the prosecution; secondly, to end it by way
of a formal verdict. As the Constitution provides that the DPP has the power to institute, undertake,
take over or terminate proceedings, it was open to the DPP to end the prosecution by her own act.
This, the Commission believes, could have been achieved by entering a nolle prosequi which would not
bar renewed proceedings. However the matter was terminated by way of a directed verdict and in doing
so an acquittal was handed down baring any future proceedings. The former defendants will enjoy a
bar to future proceedings without adjudication on evidence. The procedure adopted prevents any
reversal of the DPPs decision, rendering accountability of that Office illusory. Further INDECOM
had no prior indication that the DPP was minded to take this direction, as there was no consultation
with the Commission of Hills family.
2. The DPPs claim that it was not possible for self defence (the claim of the police officers) to be
negatived and that the only witness as to fact would have been the defendants. The Commission is of
the view that eyewitness evidence is not superior to other evidence. It is open to a jury to reject this
evidence by relying on circumstantial evidence and direct evidence.
3. The DPP claimed that the scientific evidence supported the police officers version, which is plainly
not so based on the findings at the end of scientific analysis.
4. The DPP urged that the inquest did not reveal any new material to support the case of murder. This is
not so as the full text of one police officers report was not provided until the inquest, one of the
__________________________________________________________________________________________________
Contact: Kahmile A. Reid - Senior Public Relations Officer
The Independent Commission of Investigations
Office: 1.876.968.8875 Ext. 282. Mobile: 1.876.833.7488. Fax: 1.876.960.4767. Email: kahmile.reid@indecom.gov.jm
defendants threat to the deceased, and unreliability of another civilian were all revealed at the inquest.
This new material added to the circumstances that suggest the killing was premeditated and not in self
defence.
5. The DPP asserts that there was no material arising above suspicion of a conspiracy to murder. The
DPP did not give due consideration to the impact of the evidence of motive which would negate the
self defence claim and explain why the shooting took place.
The Commission further made recommendations regarding the need for reform of the Coroners system in
Jamaica. For the Coroners System, the Commission recommended that it be deemed an interested party for
the purpose of its mandate. The Commission was forced to apply to the Coroner to become an interested party.
In the case a witness refused to give evidence. It appears too easy for persons not to give evidence after being
summoned. This defeats the inquisitorial nature of the proceedings. The Commission thereby recommends
higher penalties on persons who refuse to give evidence without lawful justification or excuse.
There are difficulties being experienced in the jury system generally and the Coroners Court is by no means
exempt. Hence the Commission recommends that the Act be revised to abolish the need for a jury at the
inquest and for the issues to be ventilated and decided upon by the Coroner or Special Coroner. It is not the
intention of the Commission to discount the importance of jurors, but seek to bring greater efficiency to the
proceedings. The Commission also recommended that additional Special Coroners be appointed as the current
workload cannot be left to a single Coroner.
He also reiterated the need for observation of the private right to bring and conduct a prosecution is not fully
observed in practice and is somewhat ambiguous in statute.
Among the recommendations made in this Report to Parliament, are that the police officers be subject to
internal disciplinary hearings concerning their use of force; false statements by one of the concerned officers;
failure to involve other police officers in the operation in contravention of direct orders from superiors. It was
also recommended that the Solicitor General consider compensating the estate of Robert Hill for the breach
of his right to life.

Background
On the 8
th
of December 2009, Hill was killed in his community of Ivy Green by a party of three police
officers: Constables Uriel Anderson and Gary Thomas and Special Constable Norval Warren, all of
whom claimed to have shot him in self defence.
An investigation conducted by the Bureau of Special Investigation (BSI) and the now defunct Police
Public Complaints Authority (PPCA) assessed the file and concluded that the shooting did not occur
under the circumstances described by the officers and was a result of a conspiracy. The file was
subsequently submitted to the DPP.
On June 9, 2010, the DPP recommended that the matter be referred to the Coroner.
On July 24, 2014, the jury in the Coroners Court directed that the police officers and two civilians be
charged with murder.
On September 23, 2014, three police officers and two civilian were charged with the murder of Robert
Kentucky Kid Hill.
On October 14, 2014, the DPP offered no evidence after the jury was empanelled and the defendants
were acquitted.
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__________________________________________________________________________________________________
Contact: Kahmile A. Reid - Senior Public Relations Officer
The Independent Commission of Investigations
Office: 1.876.968.8875 Ext. 282. Mobile: 1.876.833.7488. Fax: 1.876.960.4767. Email: kahmile.reid@indecom.gov.jm

About INDECOM
The Independent Commission of Investigations (INDECOM) was established following prolonged public
complaints that the Bureau of Special Investigations (BSI) of the Jamaica Constabulary Force should not
investigate wrongdoings committed by the security forces. Further, under international law, the State has an
obligation to ensure that independent investigations into a potential breach of the right to life are being carried out
which is a requirement under Article 2 of the European Convention on the Human Rights to which Jamaica is a
signatory.
The instances of abuse of citizens rights have increased dramatically over the years. Civilians have made
hundreds of reports about members of the security forces using unjustified force that results in fatalities, loss
of property or assault. This concern resulted in legislation being passed to establish an independent commission
with responsibility for investigating police shootings as well as other instances of abuse. This piece of legislation
now known as the INDECOM Act was passed on April 15, 2010. The Commission began operation on August
16, 2010.
The Commission is currently in charge of more than 1900 ongoing investigations into allegations of abuse by
agents of the state, distributed over our three branches St. James (Western Office), Mandeville (Central
Office), and Kingston (Head Office). The cases date back to 2008, some two years before INDECOM began
operations. Prior to that, they were being investigated by the Police Public Complaints Authority (PPCA) or
the Bureau of Special Investigations (BSI).
The allegations are divided into 23 categories, these include, fatalities (by shooting or under other
circumstances); abuse of office; unprofessional conduct; assault; corruption, rape; misappropriation of
property, and threat. The top three allegations are fatal shooting, assault and shooting injury, which when
combined, account more than 60 per cent of all our investigations.