REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PMB 9081
Port Vila
Vanuatu

PUBLIC REPORT

ON THE

LOSS OF OCCURRENCE BOOK used DURING POLICE OPERATION KLINIM NOT 2000

21 March 2003

1072/2003/04

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PUBLIC REPORT
ON THE
LOSS OF OCCURRENCE BOOK USED DURING
OPERATION KLINIM NOT 2000

TABLE OF CONTENTS

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

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SUMMARY

This report shows the failure of Police in safeguarding the occurrence book used during the Police operation "Klinim Not 2000". The occurrence book is a book use by Police to record names of suspects and complaints brought before them. The book is very important as it contain names of law breakers and most of all it was mandated by law to end up at the Police Commissioner after an operation. Though Police Officers may often choose to ignore certain simple matters at times as less important with no cause, for the occurrence book, its welfare is recognised and protected by law as per section 7 (4) of the Police Act CAO 105.

The occurrence book was discovered lost when an investigation into Police unlawful action is being conducted. The Ombudsman was unable to continue his investigation thereafter because of lack of information contained in the occurrence book.

The Ombudsman finds evidence that the Officer in charge of the operation, Police Superintendent Erick Pakoa, failed to safeguard the occurrence book. The Ombudsman recommends that the Police Commissioner issue a warning and reminder to all Senior Police Officers including Erick Pakoa to be more careful when dealing with the occurrence book.

1.	JURISDICTION

1.1	The Constitution and the Ombudsman Act allow the Ombudsman to look into the conduct of government, related bodies and government employees. This includes the Police Department and Police Superintendent Erick Pakoa who is implicated in this report.

2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1	The purpose of this report is to present the Ombudsman’s findings as required by the Constitution and the Ombudsman Act.

2.2	The scope of the investigation had been to establish facts about the occurrence book used during the Police Operation Klinim Not 2000 which was found missing when investigations of various alleged unlawful Police actions during the operation were being conducted in Santo. The Ombudsman was unable to continue his investigation after the police informed this office that either the occurrence book went missing or had been misplaced.

2.3	This Office collects information and documents by informal request, letters, and research.

3.	RELEVANT LAWS, REGULATIONS AND RULES

3.1	POLICE ACT CAP 105

	OFFICER IN CHARGE OF POLICE

7.	(1)	The command and control of any particular unit of the Force in any place shall be vested in such member as may be appointed by the Commissioner to be in charge thereof. Any member so appointed shall be an officer in charge of police for the purposes of this act.

	(4)	Every officer in charge of police shall keep such books and records and shall render such returns as the Commissioner may from time to time direct.

4.	OUTLINE OF EVENTS

4.1	On 24/11/00, a complaint was lodged with this office claiming that a group of Police Officers within the Operation Klinim Not 2000, under the command of Police Officer Tarimas John, arrested a group of people and kept them in custody from 17/01/00 to 19/01/00. The complaint stated that the arrest was without warrant and the offenders were kept in custody for more than 48 hours.

	During the course of the enquiry, this office tried to locate the occurrence book to verify the action and confirm it with the Police but without success.

4.2	On 7/8/01, in an interview with this office, Chief Inspector Robert Boe of Santo Police explained that the Police Officer in charge of the operation, Superintendent 
Erick Pakoa authorised the occurrence book used during the Operation Klinim Not 2000 to be transferred to Vila (see Appendix A).

4.3	On 22/01/02, Superintendent Pakoa in a telephone conversation with this office said that the occurrence book is with Santo Police and this office should check with Chief Inspector Robert Boe (See Appendix B).

4.4	On 25/04/02, the Ombudsman contacted Chief Inspector Robert Boe following the information of Superintendent Erick Pakoa and was told that the occurrence book is at the VMF barracks in Santo and contact should be made with Warrant Officer 
Jimmy Silas (see Appendix C).

4.5	On 16/5/02, we interviewed Warrant Officer Jimmy Silas and he informed that he had no knowledge of the occurrence book (see Appendix D).

4.6.	On 30/8/02, we made another contact with VMF barracks in Santo via telephone and spoke to Mawa and Jara who were officers in charge of clerical. They advised that there is no sight of the occurrence book at VMF camp in Santo.

5.	RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM

5.1	Before starting this enquiry, the Ombudsman notified all people or bodies complained of and gave them the right to reply. Also a working paper was provided prior to this public report to give another opportunity to respond. Of the individuals, only VMF clerical officers, Mr. Mawa Robert & Jara Simon and Warrant Officer Jimmy Silas responded. They mention of having no comments concerning this report.

6.	FINDINGS

6.1	Finding 1:	Police Officer Superintendent Erick Pakoa may have breached section 7(4) of the Police Act CAP 105 when he failed to safeguard the occurrence book.

Under section 7(4) of the Police Act, every officer in charge of a police unit like the Operation Klinim Not 2000, are entitled to keep record of books, other records and shall return it as the Commissioner of Police may direct from time to time.

7.	RECOMMENDATIONS

7.1	Recommendation 1:	The Commissioner of Police issue a warning and remind either in writing or orally to all Senior Police Officers in charge of operations or normal duties, citing section 7(4) of the Police Act CAP 105 and asking them to be more serious when dealing with occurrence book.

7.2	Recommendation 2:	The Commissioner of Police issue a separate notice either in writing or orally to Superintendent Erick Pakoa pointing out his contract in this report noting his breach of section 7(4) of the Police Act advising him to be more careful with the occurrence book next time. If he fails, he will be subject to disciplinary action.

Dated the 21st day of March 2003.

Hannington G ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU

8.	INDEX OF APPENDICES

A.	Note on interview conducted with Chief Inspector Robert Boe on 7/08/01.

B.	Note on telephone conversation with Superintendent Erick Pakoa on 22/01/02.

C.	Note on telephone conversation with Chief Inspector Robert Boe 23/04/02.

D.	Note on interview with Warrant Officer Jimmy Silas 16/05/02.

E.	Note on conversation with Mawa and Jara of Santo VMF 30/08/02.