The questions of the functioning of the DPP and his possibly being above the law need to be examined.
“Since the DPP is the sole arbiter on the matter of prosecution”, is a half truth, or only partly true.
The fact is that the Police, a private individual, Central Bank, or a Commission of Inquiry - in short almost anyone - can initiate prosecution of an individual or individuals for any crime or misdemeanor. The caveat is, however, that the DPP can step in and discontinue prosecution if warranted, or take over prosecution as he deems fit. The courts may also rule on no case submissions for prosecutions initiated.
It is clear that the DPP would not dare to act corruptly against the public interest.
Even the DPP himself may be prosecuted despite his position. And while he can figuratively discontinue his own prosecution, he cannot escape public outcry, censure and removal for corruption by impeachment.
In the present circumstances, the Police have been serially sending files like proverbial flies to the DPP for prosecution in an unprecedented manner, for serious and insignificant matters, causing that office holder to experience logjam or gridlock within his finite capacity.
As he did in the case of the SoE arrests, the DPP can step in and discontinue cases that justifiably deserve such relief, but the Police can and must initiate prosecution in clear cases that defy exculpation.
The Police have or should have access to SC’s and other senior lawyers whose opinions may be sought out of Police budget, without burdening the DPP’s own sources. It would then devolve on the DPP to stop cases that are less worthy of pursuit.
At present we have several high profile cases that are on the DPP’s desk in virtual limbo. The recent cases of murder at Tragarete Road and Cipriani Blv’d allegedly involving a nephew or step son of a high profile PNM financier, the Calder Hart cases, Murder charge against a high profile contractor, and now the Imam cases all being sent to the DPP while the referrers have the ability and duty to proceed independently all serve to delay justice and impugn on the government of the day.
Passing the buck puts Justice on HOLD and corrupts the very face of Justice. Indeed, the AG must start serious prosecutions from his office as the U.S. AG frequently does, and not be trammeled by the overburdened DPP’s office.
The PPG is manned by several high profile attorneys including recent Silks, and it cannot permit its record to be blemished by the DPP’s involuntary paralysis.
MFRahman.
“Since the DPP is the sole arbiter on the matter of prosecution”, is a half truth, or only partly true.
The fact is that the Police, a private individual, Central Bank, or a Commission of Inquiry - in short almost anyone - can initiate prosecution of an individual or individuals for any crime or misdemeanor. The caveat is, however, that the DPP can step in and discontinue prosecution if warranted, or take over prosecution as he deems fit. The courts may also rule on no case submissions for prosecutions initiated.
It is clear that the DPP would not dare to act corruptly against the public interest.
Even the DPP himself may be prosecuted despite his position. And while he can figuratively discontinue his own prosecution, he cannot escape public outcry, censure and removal for corruption by impeachment.
In the present circumstances, the Police have been serially sending files like proverbial flies to the DPP for prosecution in an unprecedented manner, for serious and insignificant matters, causing that office holder to experience logjam or gridlock within his finite capacity.
As he did in the case of the SoE arrests, the DPP can step in and discontinue cases that justifiably deserve such relief, but the Police can and must initiate prosecution in clear cases that defy exculpation.
The Police have or should have access to SC’s and other senior lawyers whose opinions may be sought out of Police budget, without burdening the DPP’s own sources. It would then devolve on the DPP to stop cases that are less worthy of pursuit.
At present we have several high profile cases that are on the DPP’s desk in virtual limbo. The recent cases of murder at Tragarete Road and Cipriani Blv’d allegedly involving a nephew or step son of a high profile PNM financier, the Calder Hart cases, Murder charge against a high profile contractor, and now the Imam cases all being sent to the DPP while the referrers have the ability and duty to proceed independently all serve to delay justice and impugn on the government of the day.
Passing the buck puts Justice on HOLD and corrupts the very face of Justice. Indeed, the AG must start serious prosecutions from his office as the U.S. AG frequently does, and not be trammeled by the overburdened DPP’s office.
The PPG is manned by several high profile attorneys including recent Silks, and it cannot permit its record to be blemished by the DPP’s involuntary paralysis.
MFRahman.
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