AG cannot lay private charge against Hart, needs DPP's consent: Seetahal

Senior Counsel Dana Seetahal disagrees with PNM Senator Faris Al-Rawi that Attorney General Anand Ramlogan can file a private perjury charge against former Urban Development Corporation of Trinidad and Tobago Ltd (UDeCOTT) executive chairman, Calder Hart.

She told the Express newspaper the Perjury Act does not provide for such action.

Al-Rawi urged Ramlogan earlier this week to go ahead and lay the charge and said the AG should stop hiding behind the Director of Public Prosecution (DPP).  

Ramlogan responded that the senator that he had it wrong and that if it were that simple, his predecessor, John Jermie, would have charged Hart a long time ago.

Ramlogan has said that there is enough evidence to charge Hart but only the DPP has the authority to lay the charge.

Seetahal agrees. 

She told the paper according to Chapter 11 of the Perjury Act, the DPP must sign off on an indictable charge.She also commented on Al-Rawi's statement. "That sounds fine in practice. 

"In fact, in the regular courts, every day, you hear of simple matters where private citizens lay indictable charges, but these are usually summary charges such as a charge against a police officer.

"If you are talking about an indictable charge of this nature, it is not recommended that you have any private charge. The Perjury Act says that the consent of the DPP is needed before any charges of perjury are laid. Chapter 11 of that Act states that, 'No complaint for perjury shall be laid without the consent of the DPP'," she added.

Seetahal said the DPP can refuse any indictment if he feels there is not enough evidence."Therefore, if the DPP doesn't think he has enough evidence, no private charge can be laid by the AG without the DPP," she told the Express.