DPP tells why he took over, ended action

Director of Public Prosecutions Colin Williams’ office has issued a statement as to why he took over and discontinued private criminal proceedings brought against Government Ministers Clayton Burgin, Cecil McKie and Dr. Douglas Slater.{{more}}

The statement said the DPP took the actions on Thursday, January 13, in keeping with his powers under the Constitution of St.Vincent and the Grenadines.

The private criminal complaints were a part of a set of matters which were lodged before Chief Magistrate Sonya Young, on Tuesday, January 11, by lawyers representing the New Democratic Party (NDP) parliamentarians. The lawyers accuse the three Government ministers of contravening the Representation of the People Act during the political campaign leading to the December 13, General Elections.

The following day, Young issued summonses in relation to the matters, but declined to issue summonses in four matters related to Prime Minister Dr. Ralph Gonsalves as being “frivolous and vexatious.”

Williams then requested of counsel for the complainants and received copies of statements, which constituted their evidence in the matter.

“The prosecution of criminal matters are subjected to a test, as contained in the Code for Prosecutors in Saint Vincent and the Grenadines. Cases must first of all meet a minimum evidential standard and then a public interest test before they are proceeded with. Prosecutors must be satisfied that a reasonable prospect of conviction exists, that there is credible evidence which the prosecution can adduce before a court and upon which evidence the forum of fact properly directed could reasonably be expected to be satisfied beyond reasonable doubt that an offence was committed. After that hurdle is crossed, a prosecutor must then consider whether a prosecution is required in the public interest,” the statement outlined.

It added that when the matters against Burgin, McKie and Slater were reviewed, it was determined that the prosecution of the matters against them must not proceed.

“This test is applied everyday by Prosecutors here in the course of their work. It is the application of this test which led, for example, to the discontinuance in December 2010, of two charges of murder against persons. (In one case, the accused was set free and in another the Office of the Director of Public Prosecutions substituted a charge of manslaughter),” the statement continued.

“The decision to prosecute is vital – for the alleged victim, alleged perpetrator and the community,” the statement noted, adding “The decision to prosecute should only be taken after the evidence and the surrounding circumstances have been fully considered”.