Following an incident involving the
Royal Cayman Islands Police Service (RCIPS) which occurred on the 4th
of April 2020, videos surfaced on social media that raised questions
about the conduct of certain police officers. The Ombudsman decided
it would be in the public interest to investigate the matter.

Around 4 p.m. on the 4th of April 2020,
the RCIPS received complaints about several motorcyclists riding
recklessly, performing stunts and being a nuisance. The police
helicopter responded and located seven motorcycles and riders near
Lookout Gardens in Bodden Town. As the police approached, the riders
fled in different directions. The RCIPS decided to pursue one
motorcyclist who appeared to pose the greatest risk to the public.
The pursuit continued for approximately 72 minutes. It ended when an
officer was able to grab the motorcyclist’s arm and pull him to the
ground. The incident was witnessed by several bystanders, some of
whom recorded it and circulated their recordings on social media. A
struggle ensued and additional officers arrived to assist. Videos of
the incident show one officer arriving on the scene and immediately
drawing his baton and striking the motorcyclist on his leg while he
was on the ground struggling with the arresting officer, who had him
pinned. The officer then moved to confront a woman standing nearby,
he yelled at her and told her to return to her car. This same officer
returned to interact with the woman on two further occasions yelling
at her and threatening arrest for recording the incident.

The Ombudsman found that the force used
by the arresting officer when he grabbed the motorcyclist’s arm and
pinned him in order to handcuff him was necessary and reasonable to
end the pursuit and effect the arrest. However, the Ombudsman was
concerned about the second officer’s use of his baton to strike the
motorcyclist. She found that this use of force was unnecessary and
unreasonable given the suspect was on the ground and, although
struggling to get up, was not strenuously resisting arrest. She cited
several tactical and situational factors which were not considered by
the officer.

The Ombudsman also found that the
conduct demonstrated by the same officer when interacting with the
woman at the scene did not comply with the RCIPS Code of Ethics and
Standards of Professional Behaviour. The code sets out expectations
for officers concerning self-control and tolerance and treating
members of the public with respect and courtesy. The Ombudsman found
the conduct to be unprofessional.

The RCIPS “Policy Guidance on Police
Pursuits” dated the 16th of August 2010 was examined to determine
whether the policy had been followed. As with a previous finding in
another case, the Ombudsman expressed her opinion that the pursuit
policy is outdated and not fit for purpose because it lacks clarity
and is difficult to understand. Senior officers on duty failed to
take charge of the incident which, in the Ombudsman’s opinion, led
to the pursuit unnecessarily continuing for an extended period,
increasing the risk to the public.

The final issue identified by the
Ombudsman was the involvement of an off-duty officer who used his
private vehicle in the pursuit. The Ombudsman noted in her report to
the Commissioner that this officer used his private vehicle to
conduct a tactical manoeuvre to intercept the fleeing cyclist. Rather
than stopping the fleeing suspect, this manoeuvre resulted in a
police motorcyclist crashing into the officer’s vehicle. She found
this to be in contravention of RCIPS policy and deemed it to have
created a high risk as the vehicle was not outfitted with basic
police markings or lights and siren and recommended that the officer
receive advice and guidance regarding his actions during the
incident.

The Ombudsman has made several
recommendations to the Commissioner of Police including considering
discipline of the officer related to the use of the baton and his
unprofessional conduct in his interactions with the woman at the
scene. She also recommended that the pursuit policy be updated and
implemented as soon as possible and that a debrief of all officers
involved occur to review this incident and learn from it. Critical
Incident Managers should receive direction with respect to their
roles in future pursuits. She also suggested that the Commissioner
of Police clarify for all officers whether it is ever permissible for
off-duty officers to involve themselves in pursuits using private
vehicles.