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Thursday March 20, 2008, St. George’s:
My fellow citizens of Grenada,
Carriacou and Petite Martinique, as
Attorney General, I am obliged to
address you this evening on a matter of
great legal, constitutional and indeed,
national importance namely, the alleged
assault of a police officer by some
Executive Members of the Opposition
National Democratic Congress, while that
officer was performing his legitimate
police duties.
The
Government of Grenada has been informed
by the Commissioner of Police that on
Tuesday 26th February, 2008, a member of
the Royal Grenada Police Force while on
duty was allegedly held forcefully
against his will by some Executive
Members and supporters of the National
Democratic Congress who allegedly choked
his neck, squeezed his testicles,
threatened his life and took away his
work equipment.
Brothers
and Sisters, if these allegations are
true, then the perpetrators of these
criminal acts should be brought to
justice and dealt with according to the
laws of the land.
Similarly,
if the allegations are found to be
false, then justice must also prevail.
However, the truth or falsity of the
allegations can only be determined in a
Court of Law and not by public opinion.
In other words, the courts exist as a
judicial institution to facilitate the
determination of guilt or innocence and
when the court has been sidelined or
excluded from the process because of
prosecutorial indiscretion then not only
our Justice System is at risk but our
ideals of freedom and democracy is also
at risk.
Although
the Constitution gives the Executive
Branch of Government the authority to
investigate crimes through the police,
the Executive or Cabinet has no
authority to prosecute such crimes under
the Constitution. In other words,
neither the Prime Minister nor his
Cabinet has the authority to prosecute
criminals. The authority to prosecute
any criminal or criminal activities is
specifically given to the Director of
Public Prosecution who can decide to
prosecute or not prosecute a criminal or
criminals. In other words, even if
after investigating a crime the police
provide sufficient evidence of a
criminal activity, the Director of
Public Prosecution can decide not to
bring that criminal to justice.
Moreover, even if a criminal matter is
already before the Court, the Director
of Public Prosecution can discontinue
that matter.
Brothers
and Sisters, this is the magnitude of
the prosecutorial powers of the Director
of Public Prosecution.
In the
instant case before us, the Director of
Public Prosecution has decided not to
lay any charges or prosecute the
Executive Members of the National
Democratic Congress who have allegedly
assaulted and committed other criminal
acts against a police officer while that
officer was performing legitimate police
work.
Brothers
and Sisters, the practical effect of the
decision by the DPP not to prosecute
this matter is that the public is denied
the opportunity and benefit of having a
Court of Law determine the guilt or
innocence of the persons who were
allegedly involved in criminal
activities against a police officer.
Fellow
Grenadians, let us all remember that in
any country including Grenada, the
police exist to provide safety and
security to the people of the nation.
Their duty is to enforce and uphold the
law and therefore public confidence in
the authority of the police is critical
for the full enjoyment of peace,
freedom, human rights and the
maintenance of law and order. The
Government of any democratic country
such as Grenada, has a duty and
responsibility to ensure that the
authority and public confidence in the
police is not subverted or undermined by
any individual or group of individuals.
Therefore, if the alleged behaviour is
true, then it means that some
individuals or group of individuals took
the law into their own hands. This can
never be acceptable in a free,
democratic and civil society, where an
avenue for redress of a violation or
grievance exist.
We must
also remember that immediately after the
alleged incident occurred, the Public
Relations Officer of the National
Democratic Congress said that they
believe that their constitutional rights
were violated and that they will pursue
a remedy in law.
Why then
would members who are aspiring to hold
high office in the country and in one
case a member of the legal profession,
seek to take the laws into their own
hands, allegedly so, when a legal remedy
is available?
Brothers
and Sisters, notwithstanding the
limitations and constraints imposed on
the Government by the Constitution in
respect of criminal prosecutions, the
Government nonetheless, has a duty and a
responsibility to protect the public
interest and therefore to take all
necessary and appropriate measures to
appease the public in regards to any
matter in which the public believes that
the public interest ought to be
vindicated.
Therefore
as Attorney General who is charged with
the specific responsibility of
protecting the public interest in these
matters, I have written to the Director
of Public Prosecution to inform of
reason or reasons for his decision not
to prosecute the persons who were
allegedly involved in the commission of
criminal acts against a police officer
while he was on official duties.
We await an
official response from the Director of
Public Prosecution and we intend to keep
the nation informed of further
development in this matter.
The
Government is committed to upholding the
rule of law and we hold the belief that
no one is above the law. In other words
we believe that all is subject to the
law of the land.
The
Government therefore wishes to assure
the nation that it will always zealously
protect against the attempts of any
individual or group of individuals who
seek to undermine or subvert the
Constitution, the Rule of Law or the
Police Service.
Brothers
and Sisters, as we approach the
Commemoration of the Crucifixion and
Resurrection of Christ, let us all as a
Christian Nation, commit ourselves to
the peace, love and unity that is so
necessary for the survival of any people
or nation.
Good night
and may God continue to bless our
nation. |
