The letter on behalf of the Commission by Judith Gonzalez was prompted by correspondence from the DPP to Enquiry chairman Sir Anthony Coleman dated November 8, 2012 with respect to the criminal proceedings into the conduct of individuals and corporate entities involved in the collapse of CLICO and related companies.
The letter refers to Gaspard’s concern about the effects of the Police probe on any potential criminal trial.
It states: “You indicate that you have a duty to do whatever you can to prevent anything which may adversely affect the investigation and any potential criminal trial.
“You are, according to your letter, apparently concerned that an otherwise credible prosecution might be stopped by the court on the grounds that a defendant’s right to a fair trial had been fatally compromised by the publicity attendant upon the Enquiry.”
The letter also makes reference to Gaspard’s caution to the media about publication of material which may jeopardise the police investigation and any “potential” criminal proceedings.
It adds, “If your letter is to be read as an invitation to cease the conduct of the Enquiry in public and with full media access, that invitation is declined as being contrary to the public interest.”