COVID 19: A THREAT TO INVESTIGATORS AND PROSECUTORS AND POSSIBLE SOLUTIONS BY D/ASP JOAN M.S BULL ESQ

Though officially, no police officer has been infected with the Coronavirus (Covid-19) in Sierra Leone, the increase in officially reported cases can be worrying for Officers who are part of the first responders in a country where the virus has not reduced the level of the crimes daily committed. *Police officers like all first responders during this global epidemic, can potentially be exposed to infectious diseases at almost any moment during their daily shift. Officers come into daily contact with countless of individuals who are carriers of everything including a wide range of transmitted infections*

                   Coronavirus discovered in China in November last year resembles many respiratory pathogens which can be transmitted through direct person to person contact and droplets. It allows for indirect transfer as it can survive on surfaces for days, providing “multiple potential portals of entry into the body” (Kowalske (2020). Baylor University College of Medicine states that “There are a number of different routes by which a person can become infected with an infectious agent. For some agents, humans must come in direct contact with a source infection, such as contaminated food, water, faecal material, body fluids or animal products. With other agents, infection can be transmitted through the air”. The World Health Organisation (WHO) has provided several control measures recommendations for the prevention and protection against Covid-19 including but not limited to social distancing, practicing regular hand washing and cough hygiene, the use of gloves and face mask, surveillance for the early detection and isolation of cases, monitoring of persons in contact with cases, timely access to health care facility etc.

                  The government of Sierra Leone, even before confirming and recording its first Covid-19 case, put in place several measures to ward off or fight against its spread in the country. The government closed its International Airport at Lungi on the 22nd of March 2020, imposed quarantine requirement on travelers arriving from countries with confirmed Covid-19 cases, established a preparedness and response plan for Covid-19 which includes among others, screening at all entry points, sensitization of the public etc. closed Churches and Mosques, cancelled public gatherings and declared a State of Public Emergency on the 24th of March 2020, among others, to handle the threat of the virus to the people and the economy. However, on the 31st of March, the government confirmed its first case of the Corona Virus and introduced new measures to fight the disease. According the president of Sierra Leone, “a number of additional measures are in effect starting today and I strongly urge compliance from every citizen”.

                  Like all countries fighting the spread of the Coronavirus disease, Sierra Leone has seen a daily increase in the number of positive tested cases. Though the country discharged 6 cases, whose result turned negative, from the holding center on Sunday, the 19th of April 2020, there are still over 35 people in isolation hospitals undergoing treatment and surveillance and over 500 quarantined as a result of disease. Several guidelines and measures are being introduced by various institutions in support of the government initiatives in the fight against the spread of the virus. However, the corona virus has not stopped the commission of crime on a daily basis in various police stations. New offences are being drafted to support the declaration made to curtail the virus which means that new cases and offences are going to be introduced. The Sierra Leone Police (SLP) has been very much proactive and instrumental in aiding government initiative in the fight against this deadly virus. The rise of the Covid-19 should enable us to do a rethink as to what necessary actions officers including prosecutors and investigators should take for personal and institutional safety.

                         Investigators and prosecutors face complainants, witnesses and suspects on a daily basis in various police stations, command units and the departments. Given the level of threat posed by the virus to his officers, directions have been given by the Inspector General of Police for all personnel to carry facial mask in their line of duties and instructions have been given for the production of locally made faced mask at the SLP’s garment factory for all personnel. That is a timely and considerate exemplary directive which commanders can emulate to assist in the protection of personnel assigned under their command.

                        All Investigators especially investigators who conduct interviews, effect arrests and Crime Scene Investigators must back up facial masks with gloves, considering the contacts they are exposed to, and must obey the health instructions of social distancing and washing of hands. Officers must be encouraged to always be with hand sanitizers and hand gloves and take immediate step to always apply them after citizen contact, where there is no water. Officers who effect arrests must be very alert and careful to ensure that they are properly covered and protected to avoid being infected with the virus.

                      Most countries affected by this global pandemic like United Kingdom and USA are taking steps to protect investigators against this deadly virus. Some Police Department in the USA like the Miami Police Department perform health screening test on officer’s temperature on a daily basis. Officers without high temperature or symptoms are given color-coded wrist bands. Those with symptoms or high temperature are sent home. This is done basically for the protection of others. In USA, minor violations including property crimes are reported to many agencies online. Officers who have to go to crime scenes talk to people outside their homes to respect the social distancing guide.

                      In United Kingdom, there is an Interview Protocol intended to “assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police Investigation during Covid-19 pandemic”. The signatories to the protocol involving the National Police Chiefs Council, Crown Prosecution Service, Criminal Law Solicitors Association etc understand the essence of the protocol to enable rights to detained persons and to enable the police to have their own guide and steps they take to ensure the health and safety of officers.

                   The unavailability of spacious interview rooms in some police stations and the number of personnel who use the spacious rooms available especially at the Criminal Investigations Department Head Quarter will affect Government guidance on social distancing during interviews with suspects. As such, it is proactive that the commanders and directors have provided veronica buckets, washing liquids, and face masks in some stations. However, although this is essential, it is not sufficient in the collective fight against the virus. Investigators and prosecutors should be advised against overcrowding in the offices and if possible work on shifts so that a given room will allow the number of investigators required per interview. Interview with suspect should only be limited to one legal representation especially where the interview room is small. For public health reasons, interviews may need to be postponed or even dispensed with. When there is a pressing and genuine need for an interview, it must be carried out in accordance with government advice on precautionary behaviour including social distance.

                   Prosecutors must always brave the courts with face masks and hand sanitizers and being very cautious to observe social distancing rule. Most times, the courts are over over-crowded and emotions at times have no respect for social distance. Officers must be cautious to avoid putting themselves and others at risk. Conferences with witnesses and representations in court must be conducted with care having regard to the health instructions.

                   The leadership of the SLP can also engage with the government for priority testing for officers who show symptoms of Corona virus and who have been exposed to the disease through contact. Adequate Personal Protective Equipment should be provided to frontline officers and the doctors of the Sierra Leone Police can also be encouraged to help evaluate possible exposures of officers. Members of the public must be encouraged to wear face masks when visiting a police station or department and commanders and directors can make available face masks to members of the public and suspects who cannot afford one. Parade commanders should introduce sensitization topics during parade on hand-washing skills and the use of face masks. All officers must strictly comply with health guideliness to avoid putting themselves, colleagues, the public and others at risk during this global pandemic.

ABOUT THE AUTHOR

D/ASP Joan M.S Bull is a Senior State Prosecutor and Legal Adviser at the Criminal Investigations Department. She holds a double Bachelor’s Degree in Art and Law from the University of Sierra Leone and a Master’s Degree in Transnational Crime, Justice and Security from the University of Glasgow in the United Kingdom. She has a passion for Criminal Investigations and Prosecutions.