Kenya’s Witness Protection Agency Launches

As reported by KBC, Kenya’s new witness protection agency was officially launched on Friday. The news comes after months of debate over the need for improved witness protection in Kenya and the passing of the Witness Protection Amendment Bill in 2010. Public pressure for better witness protection in Kenya became particularly prevalent in the aftermath of widespread violence following the contested elections in 2007. The new agency means that witness protection will now be managed independently instead of operating as a unit within the Department of Public Prosecution.

Despite this positive step forwards, some are concerned that the new agency will be under-funded – it had requested 1.2 billion Kenyan Shillings to support its operations but was only allocated Sh300 million (equivalent to £2m GBP or $3.3m USD).

The Witness Protection Act aims to provide protection to people who have important information and face potential risk as a result of their cooperation with prosecution and law enforcement agencies. It is hoped it will help to tackle organised crime and corruption in Kenya.

The existence of adequately funded and managed witness protection programmes in Africa is fairly rare, with South Africa being the only other African nation to have a formal programme. If Kenya’s programme is successful maybe other countries will come to realise the benefit of an independent witness protection agency.

Hard to swallow – 91,000 bottles of counterfeit vinegar seized in Italy

Italian officials have seized 35,000 litres or 91,000 bottles of counterfeit balsamic vinegar. The famous balsamic vinegar of Modena is protected by the European Union’s Protected Geographical Indication (PGI) status which makes it a target for counterfeiting operations. The sting operation, led by the State Forester’s Brigade was conducted in several parts of Italy, as reported by AGI News.

High value food products appear to be an increasingly popular target for illegal counterfeiting. Only yesterday, Decanter.com reported that the famous wine producer, Chateau Margaux, has introduced an anti-fraud seal on all of its bottles in a bid to prevent cheap knock-offs.

Confidential Informants – Where is it going?

Much is being written about the ‘Confidential Informant‘ culture in the US and it is fair to say that in many ways this is positive.  However, as is normally the case, the negative has to be reported and inevitably it is this, which receives the most airtime.  Of course, using informants is not just an activity adopted in the US, it is without doubt a global culture.

The difference is the rules that determine how you use informants, particularly when it comes to managing and regulating them.   More important is how the risk assessment is considered and measured along with the individual’s rights and welfare.  Officers and supervisors have to ensure they have done what is possible to mitigate any risk.  The clear documentation of this is important, because if things do go wrong, and a positive trail of management can be followed, it will protect all participants; informants and officers alike.

In the UK the regulation of informants, or sources, is very robust. There is not only legislation, but very clear guidelines on the use and management of sources.  In the US, the recent introduction of ‘Rachel’s Law’ is being written into all Florida Police Departments’ standard operating procedures and of course, this brings more transparency and management. Other countries are also following suit.

What I have found interesting is that the use of informants is generally to achieve an objective; to prevent and detect crime.  Whether this is simply to record intelligence that can then be fed into the bigger picture, or indeed intelligence that a crime is about to be committed, the means to the end is just the same. Many officers who deal with informants are dedicated professionals with a high level of training. Unfortunately, I suspect where it can fall down, is the lack of ability to accurately record all the details when dealing with an informant. This is important because if clear data and structured information can be recorded and maintained when dealing with informants, the added protection not only to the informant but the officer is incalculable. This is reinforced by a firm but accountable management structure that would come with this type of regime.

It is becoming very obvious that the simple use of a spreadsheet or in-house Access database is not sufficient to manage all the information and requirements asked of officers involved in the handling of informants.  A move to a more robust and professionally developed electronic system is going to be necessary. In addition to this, the providers of these systems will also need to have knowledge not only of the electronic system requirements, but a strong awareness of the practicalities of handling informants and the infrastructure that supports the activities along with good comprehension of the business process. Strong and knowledgeable Consultants are going to be the key for this type of task along with the ability to ensure the product to process fit is exact.

What does 1.5 tonnes of cocaine look like?

Another success for SOCA – A joint operation between the Spanish National Police and the UK’s Serious Organised Crime Agency (SOCA) led to a yacht being intercepted off the Spanish coast as it attempted to ferry 1,5ookg of cocaine from South America to Europe. With a wholesale value of £75 million, the shipment is estimated to have a street value of around £210 million.

Drugs offender turned DEA informant ends up dead

According to Newsroom Panama, a confidential informant for the US DEA (Drug Enforcement Agency) who was sent to Panama whilst in the agency’s witness protection program was killed, along with his son and wife, in 2007 by William “Wild Bill” Holbert. The informant, known as Mike Brown, was unlucky enough to have crossed paths with Holbert who was arrested in Panama last week under suspicion of a series of murder charges.

South Africa’s former police chief sentenced

The Guardian reports today that Jackie Selebi, former chief of the South Africa Police Service and president of Interpol, has been given a 15 year jail sentence for corruption. The corruption charges relate to Selebi accepting bribes worth over £100,000 from convicted drug smuggler Glenn Agliotti.

The whole case is a real set back for the South African police service and an embarrassment for Interpol – let’s hope that both organisations can put this behind them and look to a less controversial leadership.

How will Bahamas Police fix witness protection?

The Bahama Journal reported yesterday that Police Commissioner Ellison Greenslade is confident in the Bahamas’ witness protection programme. However, the paper reports three recent cases where witnesses to murder have been targeted by gunmen. Witness protection is a difficult task in any small island community but if law enforcement want witnesses to serious crimes, they must be able to prove their ability to keep those witnesses safe.

Rooting out police corruption from the top

The former commissioner of the South Africa Police Service and four year president of Interpol has been found guilty of corruption by South Africa’s High Court. As reported on the BBC website, Jackie Selebi, the former chief of police, has been convicted of corruption charges relating to organised crime and accepting bribes to the value of over £100,000. Selebi now faces a 15 year jail sentence.

The main allegations surround Selebi’s relationship with Glen Agliotti, a convicted drug smuggler and police informant, who gave Selebi valuable gifts in exchange for him ignoring drug smuggling activity.

The difficulties of hiding witnesses on a small island

Witness protection is a difficult business at the best of times. But when you’re on a small island the task of relocating and protecting a vulnerbale witness is made even harder. New legislation in Bermuda is attempting to overcome this problem by allowing witnesses to be sent to other British overseas territories including the Cayman Islands and the British Virgin Islands. The Witness Protection Act will be presented for approval this month and will hopefully improve the effectiveness of law enforcement in the territory.

Lack of police cooperation in Jamaica – what can be done?

Dr Hume Johnson and Dr Joseph Soeters write have written a two part article for the Jamaica Gleaner which highlights the culture of fear that surrounds witnesses to crime in Jamaica. The article cites recent examples of informers and testifying witnesses being killed for cooperating with police (Linval Thompson in 2005, Leslie Brown in 2006 and Kadian Campbell in 2007). In such a climate it is unsurprising that Jamaican police struggle to get cooperation from witnesses to crime. In the second part of the article, “State weakness and informerphobia“, Johnson and Soeters identify the need for Jamaican police to guarantee anonymity of the provenance of information as well as the introduction of new laws designed to improve public confidence in the legal system.

In the USA, the witness intimdation problem has been termed in some areas as the “Stop Snitching Phenomenon” – a report was written on the subject by the Department of Justice and Police Executive Research Forum. ABM’s response to the Stop Snitching phenomenon report highlights some of the ways in which the issues may be addressed.