Move by Greene’s attorneys not improper – former AG
February 9, 2012 | By KNews | Filed Under News
Source - Kaieteur News
Senior Counsel, Bernard De Santos
Pull quote:
“I have confidence that Ian Neville Chang will decide that case according to the law.”
Former Attorney General, Senior Counsel Bernard De Santos believes that the move by attorneys for embattled Police Commissioner Henry Greene is not an improper one, although it is the first time he is witnessing such in his 47 years of legal practice.
Greene, through his lawyers, managed to obtain a temporary order from Chief Justice (ag) Ian Chang, which prevents the police from instituting a rape charge against him as per the advice of the Director of Public Prosecutions.
The advice stems from allegations made by a 34-year-old woman, who claimed that the commissioner took her to a city hotel and had sex with her against her will in November last year.
In an invited comment on what many have described as an unprecedented move by the Commissioner’s attorneys, De Santos said that it will in no way inhibit the way the DPP dispenses justice in the future.
He explained that while he is not aware of any attempt to prevent a charge from being implemented, he himself had moved to the court to quash indictments.
De Santos recalled the case of two policemen, Gerald Alonso and Mahendra Baijnauth who were indicted by a Magistrate to stand trial in the High Court for the 2003 murder of University of Guyana student, Yohance Douglas.
The Senior Counsel explained that he was successful in his application to have the indictment against Baijnauth quashed before he went to trial.
He also pointed to another case not so long ago in which he had applied to the High Court to have a matter discharged against a murder accused, even while the preliminary inquiry was ongoing.
Henry Greene
With regards to the Greene matter, De Santos said that the Chief Justice will have to decide if the Commissioner’s lawyers have enough evidence to determine that the DPP’s advice was unfair, unconstitutional and therefore null and void.
“For myself, without any research, the proceedings brought by Greene’s attorneys are proper proceedings,” De Santos told this newspaper.
De Santos said that initially Greene had sought his advice and he facilitated but he was not retained.
The Senior Counsel is of the view that new a challenge with regards to the law is something that all should welcome. He is convinced that common law would not have progressed to its present state if jurists were just prepared to accept the status quo.
On the other hand, he said, the DPP’s position is difficult and alluded to the notion that the media and the public at large created a not-so-pleasant atmosphere.
“That lady’s job is hard. She sits there, maybe getting political pressure, I don’t know. Maybe she’s getting pressure from the press…,” De Santos said.
He said that the DPP should not be intimidated by the move, acknowledging that it might open avenues for more challenges to her future decisions.
“If there are challenges, let there be challenges. It depends on your judges to see whether the challenges are meritorious and dismiss them,” the former Attorney General stated, adding that there should be penalties for frivolous applications to prevent the system from being overburdened.
He expressed great confidence in the competence of Chang to dispense with the matter in a fair manner.
“You have in the Chief Justice, a man who’s been on both sides of the fence. He acted as DPP for over four years …and you know what, he’s an utterly fair person…I have confidence that Ian Neville Chang will decide that case according to the law,” De Santos stated.
February 9, 2012 | By KNews | Filed Under News
Source - Kaieteur News
Senior Counsel, Bernard De SantosPull quote:
“I have confidence that Ian Neville Chang will decide that case according to the law.”
Former Attorney General, Senior Counsel Bernard De Santos believes that the move by attorneys for embattled Police Commissioner Henry Greene is not an improper one, although it is the first time he is witnessing such in his 47 years of legal practice.
Greene, through his lawyers, managed to obtain a temporary order from Chief Justice (ag) Ian Chang, which prevents the police from instituting a rape charge against him as per the advice of the Director of Public Prosecutions.
The advice stems from allegations made by a 34-year-old woman, who claimed that the commissioner took her to a city hotel and had sex with her against her will in November last year.
In an invited comment on what many have described as an unprecedented move by the Commissioner’s attorneys, De Santos said that it will in no way inhibit the way the DPP dispenses justice in the future.
He explained that while he is not aware of any attempt to prevent a charge from being implemented, he himself had moved to the court to quash indictments.
De Santos recalled the case of two policemen, Gerald Alonso and Mahendra Baijnauth who were indicted by a Magistrate to stand trial in the High Court for the 2003 murder of University of Guyana student, Yohance Douglas.
The Senior Counsel explained that he was successful in his application to have the indictment against Baijnauth quashed before he went to trial.
He also pointed to another case not so long ago in which he had applied to the High Court to have a matter discharged against a murder accused, even while the preliminary inquiry was ongoing.
Henry GreeneWith regards to the Greene matter, De Santos said that the Chief Justice will have to decide if the Commissioner’s lawyers have enough evidence to determine that the DPP’s advice was unfair, unconstitutional and therefore null and void.
“For myself, without any research, the proceedings brought by Greene’s attorneys are proper proceedings,” De Santos told this newspaper.
De Santos said that initially Greene had sought his advice and he facilitated but he was not retained.
The Senior Counsel is of the view that new a challenge with regards to the law is something that all should welcome. He is convinced that common law would not have progressed to its present state if jurists were just prepared to accept the status quo.
On the other hand, he said, the DPP’s position is difficult and alluded to the notion that the media and the public at large created a not-so-pleasant atmosphere.
“That lady’s job is hard. She sits there, maybe getting political pressure, I don’t know. Maybe she’s getting pressure from the press…,” De Santos said.
He said that the DPP should not be intimidated by the move, acknowledging that it might open avenues for more challenges to her future decisions.
“If there are challenges, let there be challenges. It depends on your judges to see whether the challenges are meritorious and dismiss them,” the former Attorney General stated, adding that there should be penalties for frivolous applications to prevent the system from being overburdened.
He expressed great confidence in the competence of Chang to dispense with the matter in a fair manner.
“You have in the Chief Justice, a man who’s been on both sides of the fence. He acted as DPP for over four years …and you know what, he’s an utterly fair person…I have confidence that Ian Neville Chang will decide that case according to the law,” De Santos stated.