Gaspard stands by decision on Nelson Street 21; vows to remain independent

The Director of Public Prosecutions (DPP) in Trinidad and Tobago has urged office holders against getting involved in arrests of citizens during the State of Emergency.

Roger Gaspard made the comment in an interview with the SUNDAY GUARDIAN, adding that he would “continue to jealously guard his office at all cost,” and continue to act independently. 

He took strong opposition to the decision by Attorney General Anand Ramlogan to appoint a team of lawyers to assist in the prosecution of detainees.  

“No other office holder would be allowed to choose any attorney for me for the prosecution of any matter; that choice remains exclusively mine,” he told the paper. 

However he stated that there is no "war" between him and the Attorney General. “I know of no war between the AG and myself. There are no winners in war. I humbly prefer simply to continue to do my work soberly so as to protect and advance the public’s interest,” Gaspard said.

Gaspard has faced criticism from several sources since he allowed 21 men from Nelson Street go free, stating that the state did not have enough evidence to prosecute them. Since then police have released closed circuit video with clear evidence of criminal activity in that part of Port of Spain.

He dismissed a suggestion that he was unable to get witnesses to testify against the men. “The file that I would have perused involving the 21 men who were subsequently released contained no evidence of gang-related activity since the coming into force of the Anti Gang Act," Gaspard told the Guardian. 

“Further, I would also have seen two sets of CCTV footage which pertained to incidents prior to the proclamation of the Act. Those incidents could not assist me. 

“I am not aware of the existence of any such statements. Having perused the file I am not aware that the reason why the State could not go forward with the matters was because of witnesses being afraid to testify."

Gaspard said there was nothing in the file to suggest that witnesses were afraid to give evidence against anyone. 

“The reason why the State could not go forward was because of the sheer lack of evidence. I do not know if they have knowledge that I do not have,” he said. 

The Guardian said the file contained statements from the police complainant, an Anti Gang expert, and the Crime and Problem Analysis (CAPA) Police Unit—a department responsible for profiling people detainees, citing police sources.

Gaspard said the Anti Gang Act 2011 came into effect on August 15, which means that people with pending gang-related matters could not be prosecuted for offences prior to the Act being implemented. 

He said the video that has been circulating since last week was recorded in January and March—approximately five months before the Act was passed. 

“I saw the video footage before I made my decision. It would have been unfair to allow those persons to remain in custody in those circumstances. It would have amounted to a complete and regrettable abdication of my role as DPP,” Gaspard said.