‘Not Sustained’ Does Not Mean Allegations Were False, Sergeant Joseph Clarifies
Police Welfare Association President and Police Prosecutor Sergeant Ann Joseph has clarified that a “not sustained” finding in a police investigation does not mean an allegation was proven false, following public debate over the outcome of the recent police investigation involving Housing and Local Government Minister Richard Frederick.
Frederick was detained for questioning by police on July 2 and subsequently released. Police Commissioner Verne Garde later confirmed that officers had investigated allegations involving the minister but said the matter was ultimately “not sustained.”
The nature of those allegations has never been publicly disclosed.
Garde said investigators pursued the matter extensively, including securing a statement from individuals overseas and conducting follow-up enquiries, but were ultimately unable to obtain sufficient evidence to sustain the allegation.
Against that backdrop, Joseph sought to explain what the terminology means from an investigative and prosecutorial standpoint during Wednesday’s NewsMaker Live.
“If there is a conclusion of an investigation [and] it is deemed that there is insufficient evidence to prefer a charge, you would say that the matter is not substantiated, and as he said, not sustained,” Joseph explained. “That is all it means.”
Crucially, Joseph said such a finding should not be interpreted to mean an allegation was proven false or that a matter could never be revisited.
“It does not mean that at that point, that’s the end, never going to happen, nothing can happen,” she said.
That distinction echoes Garde’s own explanation of the Frederick investigation. The Commissioner previously indicated that should additional information relating to the undisclosed allegation emerge in the future, police would still be able to investigate the matter.
Joseph also cautioned against drawing conclusions about investigations without knowing what evidence was available to police. “It is very dangerous when persons who do not have the facts of a particular matter” attempt to assess its outcome, she said, stressing that criminal cases must ultimately be determined by evidence rather than public sentiment or personal belief. “Remember, it’s not feelings that we’re taking to court, it is evidence,” Joseph said, pointing out that criminal proceedings carry a significantly high standard of proof.
She added that people who bring allegations forward, as well as members of the public dissatisfied with how a matter has been handled, have avenues through which they can seek accountability.
But Joseph acknowledged that the debate also exposes a broader challenge for the Royal Saint Lucia Police Force public confidence in how investigations are conducted and their outcomes communicated. Recognising that “perception is reality,” Joseph said the organisation has work to do to change perceptions of the Police Force as a “dark, ugly, scary monster.”
Greater transparency and possible reviews of existing procedures could help address those concerns, she suggested, particularly when questions arise over whether individuals are treated differently depending on their position or status.
Joseph described as “really unfortunate” the tendency for people to conclude that there is “one set of laws for these persons, one set of laws for that person.” Her explanation ultimately draws an important distinction in the public discussion surrounding the Frederick investigation: a finding that an allegation was “not sustained” means investigators did not have sufficient evidence to proceed — it does not, by itself, establish that the undisclosed allegation was false.
