Outcomes - Selected Case Summaries
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Media release that armed police used excessive force on unarmed member of the public
Own Motion | 01 March 2023
Royal Cayman Islands Police Service (RCIPS)
The Office of the Ombudsman (“the OMB”) received a complaint from a member of the public (the complainant) concerning the alleged unsatisfactory conduct of members of the RCIPS Firearm Response Unit (FRU), namely excessive use of force, resulting in injury to the complainant’s shoulder and the police detaining them unlawfully.
The OMB had to decide, based on a balance of probabilities, whether:
- the police officers had lawful authority to detain and search the complainant.
- the police officers used reasonable force in accordance with the law and the RCIPS Code of Ethics and Standards of Professional Behaviour
The investigation included analysis of police information, intelligence, police body worn cameras footage, collating statements, and interviewing police officers. This also included a review of applicable RCIPS policies and Law.
The OMB learned that the RCIPS had received information that the complainant was in possession of an illegal firearm. Officers from the FRU were spontaneously deployed to the location where they set up a cordon to detain the complainant in the safest possible way to ensure the safety of the public.
The complainant was identified by the police wearing the clothing that supported the information they had received. When the complainant left the restaurant, officers moved towards them to detain them for the purpose of a search in accordance with Section 18 (12) of the Firearms Act, which states:
“If a constable has reasonable cause to suspect any person of having a firearm or bullet-proof vest with him in a public place or to be committing or about to commit an offence under the foregoing provisions of this part, he may search that person and detain him for the purpose of searching him.”
The OMB was satisfied that the officers’ reasons were justified given the information that the complainant was believed to be in possession of a firearm.
Analysis of the police body worn camera footage clearly showed the complainant repeatedly ignored the officers’ commands. One officer could be heard shouting as he advanced toward the complainant, “Police, don’t move, hands up”. He repeats the instructions several times and said, “Don’t move, don’t move”. The officer delivered further verbal instructions, “Hands up now, don’t move, get down, get down now”. The complainant could be seen to move their hands from above the head to their waist. Another officer grabbed the complainant and took them to the floor where they were searched, and then handcuffed.
Section 153 of the Police Act authorizes a police officer to use as much force as is reasonably necessary to effect an arrest.
In assessing the reasonableness of the force used the OMB was satisfied that the officers’ reasons were justified given the information that the complainant was believed to be in possession of a firearm in a public place. Furthermore, the complainant was known to the police and repeatedly refused to follow their commands to keep their hands up and get on the ground. The RCIPS received credible information that the complainant was in possession of an illegal firearm and the police have a duty of care to ensure the safety of the public.
The OMB found that officers had an honest held belief that the complainant was lowering their hands and may be armed; therefore, it was determined that the force used was reasonable and proportionate under the circumstances.
The complaint was not upheld.
Other considerations
During the investigation the OMB requested a copy of the Stop and Search form relating to the complainant. The OMB was informed that one was not completed. A recommendation was made that all officers were to be reminded of their duty to make a record concerning searches, and the complainant’s entitlement to a copy of the search record in accordance with 43 of the Police Act (2021 Revision). This recommendation was accepted by the Commissioner of Police and implemented.