The ruling however does not preclude the Clarendon woman, Nzinga King, from pursuing civil remedies in relation to her complaint. However, while the DPP has not recommended that any charges be brought against Miss King for public mischief, she says the police may in their own discretion decide if this is a route they would take.
The DPP notes this did not prevent Ms King from pursuing civil remedies in the matter, adding civil proof is on a balance of probabilities which is lower than the criminal standard which is proof beyond a reasonable doubt. While the DPP, admits no recommendations have been made regarding King and the offence creating public mischief, she says her office is aware the police have primacy of decision-making on investigations and laying charges. She says it is a matter entirely for them if they believe there is sufficient basis to pursue this line of investigation against King. She also strongly recommended in agreement with Indecom that Ms. King is afforded professional counseling by her family and any competent authority.
Meantime, the ruling saw the DPP agreeing that a departmental inquiry is launched into any possibly observed administrative breaches by the police pertaining to records on Ms King’s detention at the station. The attorney representing Ms King, Isat Buchanan says the ruling was anticipated but will not deter them from justice.
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