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Former Member

More files should be sent to DPP

June 6, 2009 | By | Filed Under News 

…this could save time and ease backlog – Shalimar Ali-Hack

“More files should be sent to my office before the accused appears in court”, said Director of Public Prosecutions, Shalimar Ali-Hack, who was addressing members of the media at the last leg of the Media and Caribbean Justice System Workshop recently.
The workshop was held under the theme of “Upgrading regional media capacity to report on the region’s justice system”.
The workshop saw members of the legal fraternity addressing what is expected of reporters, more so “court reporters”. The DPP, said that more files should be sent to her office before the accused is taken to court.
She added that a majority of files are only sent to her office after the defendant has appeared in court, and the police have encountered problems with the prosecution. The DPP said that in some instances, the charges are “straightforward” and do not require her advice.
Furthermore the DPP said, that when the files are not sent to her office, this leads to the matter being “nolle prosse”.

She said that one entity that has not been sending files to her is the Guyana Revenue Authority (GRA). She said that the GRA shows its seriousness and readiness to prosecute persons who are caught defrauding the company; but in the same breath, they have not been sending the files so that charges can be properly studied and prosecuted.
Efforts to solicit a comment from GRA proved futile. Moreover, the DPP said that some charges do not even require the person to be charged or brought to court.
She said that persons merely require a “strict warning or community service”. This aspect was also supported by a sitting magistrate.
Only recently three persons were charged with having in their possession, cannabis. The charge stated that on the date in question, these three defendants had in their possession 1/4 gram of cannabis.
Everyone in the courtroom thought that each defendant had ¼ gram, but to their surprise that amount were split among the defendants.

The magistrate in total disgust, suggested that members of the Guyana Police Force should not bring these frivolous matters to court and clog the system up.
“The police should not bring these silly matters before the courts, mainly because of the quantum involved, these men should have been given a strict warning or even community service.”
The magistrate further opined that ranks should have sent the men to the Brickdam Police Station to cleanse that “dirty facility”.
The DPP also said that more files should be sent to the Directors office before the accused appears in court.
She said that a majority of the files are sent to her after the cases have been heard in court. She said that it is then discovered that some cases may not have any evidence to hold the defendant.
She also said that the police in some instances carry on cases even though she has instructed them to discontinue.
Ali-Hack said this wastes both the person’s time and the court’s already limited time.

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