by Linda Straker
- Hood’s suggestion stems from brawl onboard Harbour Master
- DPP’s exercise of constitutional discretion to discontinue criminal proceedings cannot be interfered with according to Section 71(6) of the Constitution
One of Grenada’s constitutional lawyers has described the announcement made by Cajeton Hood to investigate the Director of Public Prosecutions (DPP) as antithetical to the letter and the spirit of the Constitution of Grenada.
Dr Francis Alexis was responding to the call by Hood for the Prime Minister of Grenada to investigate the DPP Christopher Nelson QC for discontinuing private criminal charges brought by clients of Hood regarding Anderson Peters.
Advising Derick Sylvester, the lawyer on record for Peters, Dr Alexis — a former attorney general for Grenada — said that the Director of Public Prosecutions in the exercise of his constitutional discretion to discontinue criminal proceedings, by whomsoever brought it to the court, cannot be interfered with.
“This Hoodian suggestion,” Alexis pointed out, is antithetical to the letter and the spirit of the Constitution of Grenada. For, Alexis explained, in the exercise by the DPP of his discretion to prosecute, not to prosecute, or discontinue a prosecution brought by anybody else, section 71(6) of the Constitution ordains that The Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority,” said a release from the office of Dr Alexis.
“This protective shield cast around the DPP by section 71(6) cannot be penetrated in the Hoodian way, that of having the Prime Minister investigate the exercise by the DPP of his prosecutorial discretion. Indeed, the idea of the Prime Minister so investigating the DPP is heresy to the Constitution of Grenada,” said Dr Alexis.
He further explained that not even the Courts would interfere with the exercise by the DPP of his discretion in the flippant way advocated by Hood. “The Courts, especially the Privy Council, unwaveringly emphasise that it would be rather rare for the Courts to interfere with the DPP in the exercise of his prosecutorial discretion. The Constitution makes the DPP’s discretion wide and unstructured,” said the release.
“What is worse is that, regarding the events about which Mr Hood wants the Prime Minister to investigate the DPP, certain persons, with Mr Hood as their lawyer, pleaded guilty in Court to every charge laid against them as to the violence, even grievous harm, inflicted by them on Anderson Peters. In all the circumstances, Mr Hood’s protestations regarding the violent mistreatment handed out by his clients to Anderson Peters are, therefore, entirely without any foundation whatsoever,” Alexis added.
Hood’s suggestion for an investigation into the action of the DPP stems from a matter involving a brawl onboard the Harbour Master, a pleasure cruise vessel. The brawl involved the crew and Anderson Peters and his brother Kiddon. The crew eventually was charged for causing harm and they pleaded guilty to the summary charge. The magistrate charged each crew member EC$5,500. However, Hood then turned around and filed private criminal charges in the magistrate court. The DPP using his power to discontinue any case, filed a nolle prosequi.
antithetical – directly opposed or contrasted; mutually incompatible.
“people whose religious beliefs are antithetical to mine”
I don’t understand the legal minds in Grenada.
Where were the legal minds when NNP violated and broke every possible rule and law? The corruption government offices whether through bribes or intimidation.
What is the punishment for receiving government moneys out of protocol?
Are we going to continue to leave things as they are? Or are mature enough as people to change and create rules and laws to protect the integrity of the government?
So what did the DPP did when a person was beaten and killed for mistakenly hugging a female police officer. Where were the legal minds to challenge the status quo and and advocate for swift change.
What happened the individual who was beaten for allegedly running over a dog? What did the DDP do?
What happened to this case?
Are we mature enough have constitutional change? I am not referring to constitutional change charade which was rejected. But change that will those in power accountable.
Until then, much ah do about nothing.
The good Doctor doth protest too much, methinks. It’s a sideshow which distracts from the real issue. Justice is supposed to be blind. Yes, a full, thorough and transparent investigation is in everyone’s interest.
https://www.caribbeannationalweekly.com/news/caribbean-news/trinidad-dpp-discontinues-misbehavior-charge-against-former-government-minister/
Why not a full and thorough investigation that is transparent and discloses ALL the facts… irrespective where the chips fall. Mr. Peters his entourage and the inept DPP seem to want to hide something.. there are eyewitnesses, videos etc. to refute what he .. peters said… sad day for law and order in GND.
I do hope TNT does not reciprocate this banana justice we have here…
Yes, I worry if Trinidad was to return favor. As it stands Grenadians already suffered and suffer at the hands of Trinis. I can’t imagine if they choose to use this for years to come.