We also pressed the commissioner to report to the media on the situation with Superintendent Gualberto Garcia.
He's the adjudicator for police tribunals who was removed from that post with immediate effect on Friday. That's two days after he ruled against a directive from the commissioner. That directive was the police officer under interdiction for the manslaughter of Allyson Major, Corporal Kent Martinez could still be a defence advocate in a tribunal. It is considered irregular for a cop under interdiction to act as an advocate in a tribunal.
Today, we asked the Compol if he removed Superintendent Garcia to get back at him:...
Reporter
"Was his removal as adjudicator as retaliation from you, because he countermanded your directive?"
Chester Williams, Commissioner of Police
"I despise when gang members retaliate and so I don't practice retaliation. I stick to the fact that it is about mischief because Mr. Garcia is fully aware of the reason why his authority to adjudicate was taken away. As a police department, we have a responsibility to ensure that we keep our officers in line and one of the greatest challenge that we have is that the public sees us as being incompetent to deal with our own. Over the past few months we have been monitoring a practice with Mr. Garcia, in the sense that whenever police officers who are accused of committing a disciplinary infraction are taken before him that even in circumstances where they plead guilty or after a trial they are found guilty the sentence he demits is either reprimand or warning letter."
"We cannot be here saying that we are serious about enforcing discipline and serious about ensuring that our officers walk a straight line, then those persons who are to see that the punishment fits the crime or the infraction are the ones who are being too lenient. That does not serve as a form or deterrent. Officers will always feel comfortable committing disciplinary infractions because they know when they go before the adjudicator they will get a slap on the wrist and they go about their business. We cannot sent that message to the public. We must show the public that we are serious about ensuring that discipline is maintained and that our officers treat the public with a certain level of respect."
Reporter
"You can categorically say that his adjudication responsibilities being removed has nothing to do with the fact that he didn't allow Cpl. Kent Martinez to represent officers in front of him?"
Chester Williams, Commissioner of Police
"Absolutely not. It has nothing to do with that. It would have been the most prudent to do in the circumstances to allow him to continue with the matter, because he already had control of it and on his appeal I agree with what he was asking and based on that I directed the legal office to write to the adjudicator directing that Mr. Martinez will be allowed to continue to act as defence advocate for the police officers in question. I don't understand why anybody would say that the reason for Mr. Garcia's removal was because of that, because he was warned before about the manner in which he was doing tribunals and the leniency in which he was giving sentence."
Reporter
"You will accede that it is irregular that an officer on interdiction acts on defence advocate in a police tribunal?"
Chester Williams, Commissioner of Police
"It has happened before, so it is not irregular."
Williams says the legal officer has the decisions made by Garcia under review going back 3 months.
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