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Alleged Delay of Investigation by Police [2005] VUOM 2; 2005.02 (28 February 2005)

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT
ON THE

ALLEGED DELAY OF INVESTIGATION BY POLICE

28 February 2005

9231/2005/02

REPUBLIC OF VANUATU

PUBLIC REPORT ON THE
ALLEGED DELAY OF INVESTIGATION BY POLICE

SUMMARY

This report is issued to outline persistent slackness and ignorance of legitimate duty by certain members of the force which resulted in the delay to investigate a case which was reported to them for more than a year.

The incident occurred on 28 July 1998. A mother and her son were picked up at Central Primary School by a taxi driver to go home but unfortunately he turned to Bellevue where he forced the mother to have sex with her despite the presence of her son.

On 31 July 1998 the case was reported to a police officer at the Police Station.

It was alleged that there was no action made by police on that case until February 1999 (8 months later) following the complainant’s approach to the Ombudsman Office.

The Ombudsman investigation revealed that there was an unreasonable delay of investigation by police for almost 8 months. It was also indicated that there was no proper administrative system within the Force to monitor the transfer of cases from one member to another. As such offenders were not prosecuted in most cases.

It was also revealed that Police officers had not taken into account the nature of the offence committed which was an attempted rape.

The Ombudsman recommends that that the Officer commanding the Uniform Investigation Branch inquire into the conduct of the police investigating officers in causing the delay in investigating the case with a view to impose disciplinary action against those who was tasked for that case. An apology letter to the complainant causing the delay on her report should also be forwarded to her by the Police.

It is also recommended that the Head of the Uniform Investigation Branch make changes to procedures relating to case administration and management. One of the changes recommended is for the Uniform Investigation Branch to include a duty to officially inform any complainants on a timely basis the status of their complaints.

TABLE OF CONTENTS

SUMMARY
1. JURISDICTION
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3. RELEVANT LAWS
4. OUTLINE OF EVENTS
5. RESPONSES BY THOSE WITH FINDINGS AGAINST THEM
6. FINDINGS
7. RECOMMENDATIONS
8. INDEX OF APPENDICES