– according to Chairman of Police Complaints Authority
– assault and breach of SOPs by cops confirmed
CHAIRMAN of the Police Complaints Authority (PCA) , retired Chancellor of the Judiciary Cecil Kennard said yesterday that that there is a difficulty at this time to prove that Colwyn Harding was indeed sodomised.
Justice Kennard told the Chronicle that the difficulty comes about because of the length of time that had elapsed since the alleged incident and when the young man was seen by a doctor.

In the meantime, many persons are anxiously awaiting the final report and looking to see what charges the culpable ranks will face. Justice Kennard, however, made it clear that while there are allegations of buggery, the medical reports and checks by the doctors are proving otherwise.
However, it was confirmed on the basis of the evidence that some amount of physical force was used on Harding while he was in police custody.
Justice Kennard has completed his leg of the investigations into Harding’s buggery and assault claims and the file is expected to be dispatched today to the Director of Public Prosecutions (DPP).
Several ranks are expected to face disciplinary charges under the Police Disciplinary Act while two others would be facing criminal charges of assault once the DPP accepts the findings from the Police Complaints Authority investigation.
When this publication contacted the PCA chairman yesterday, he confirmed that he had finished compiling his report and informed this newspaper that he was reviewing the documents and making copies for his records before sending the file back to either the Commissioner of Police or the Crime Chief who will forward it to the DPP for legal advice.
He said that if one is to recommend buggery charges, among others, for the ranks fingered in the Harding matter, when it reaches the court it is likely to be thrown out on a no-case submission because the medical records will have to be produced to substantiate and support that the young man was buggered. And doctors are not confirming that in their reports, it was pointed out.
Harding had told reporters that he did not speak earlier about the incident of baton sodomy because he was embarrassed to reveal the ordeal.
Yesterday, Justice Kennard who had said earlier that he had an open mind to the investigation also confirmed that he had requested that the police bring to him a baton for him to analyse and this formed part of the conclusion of his investigation.
He made it clear that his leg of the investigation is just part of the entire probe and when the file reaches the desk of the DPP, the call will be hers.
 Written By Leroy Smith