The DPP and her powers

Oct 16, 2022 News

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…To institute charges
… To take over any criminal proceedings
… To discontinue charges before a judgment is delivered

By Renay Sambach

Kaieteur News – For the past 14 years, Shalimar Ali-Hack, SC, has been serving as Guyana’s Director of Public Prosecutions (DPP).  Ali-Hack plays a vital role in the administration of justice in criminal causes or matters. The DPP is the sole authority vested with the power and responsibility to exercise control over the prosecution of all criminal matters except the institution of a court‐martial.

ALI-HACK CONFIRMED AS DPP

In 2008 Shalimar Ali-Hack was confirmed as the substantive Director of Public Prosecutions by the Judicial Service Commission (JSC).

It was in April 2008 when the Commission met and decided to confirm Ali-Hack who had been acting in the capacity since 2004 after Justice Roxanne George-Wiltshire vacated the post to take up an appointment in the High Court.

The DPP was admitted to the local bar in October 1990 and in June 2019, she became the first Muslim female Attorney to be appointed a Senior Counsel (SC) in Guyana.

ARTICLE 187 OF THE CONSTITUTION OF GUYANA

Article 187, speaks to the functions of the Director and it also states that the DPP shall have power in any case in which she so desires. The first power of the Director is to institute and undertake criminal proceedings against any person before any court, other than a court-martial, in respect of any offence against the law of Guyana.

The second power of the DPP is to take over and continue any such criminal proceedings that may have been instituted by any other person or authority and the third to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by the Director or any other person or authority.

According to the Constitution of Guyana, the Director’s second and third powers shall be vested in the Director’s exclusion of any other person or authority – provided that, where any other person or authority has instituted criminal proceedings, nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

The law also stipulates that the DPP can exercise her power in person or through other persons acting under and in accordance with his general or special instructions.

Section Four states, “In the exercise of the powers conferred upon him by this article, the Director shall not be subject to the direction or control of any other person or authority.”  As for Section Five it reads that for the purposes of Article 187, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court in Guyana shall be deemed to be part of those proceedings

GOVT. SET TO CUT POWERS OF DPP 

Following the landmark ruling by the Caribbean Court of Justice (CCJ) in the Marcus Bisram case, the Government of Guyana (GoG) had indicated its intention to amend its law to curb the excessive power of the DPP.

In March 2022, Attorney General and Legal Affairs Minister, Anil Nandlall, SC, had noted that given the finding of the Court, the DPP has powers that authorises a non-judicial organ to instruct a Judiciary or a component of the Judiciary, and that power transgresses the Doctrine of Separation of Powers- is therefore unconstitutional, since the Judiciary as a whole is independent.

The CCJ had ruled in the case where the Director had ordered that Guyanese-American businessman, Marcus Bisram be committed to face a trial in the High Court for murder despite a Judicial ruling that there was not enough evidence against him.

Notably, months have passed since the Attorney General had announced  Government’s plan to cut the power of the DPP, but no update has been given since.

EXERCISED POWER

Persons like the Attorney General Nandlall, Retired Justice Claudette Singh, Attorney-at-Law Nirvan Singh, Crime Chief ,Wendell Blanhum, former Ministers, Volda Lawrence and George Norton have all benefitted from the DPP’s power to discontinue criminal proceedings before a judgment is handed down.

Crime Chief Blanhum was the most recent to benefit from her powers. Last month, the day after a private criminal charge was filed against him by the Lawyer representing Detective Sergeant Dion Bascom, the DPP discontinued the charge.

The charge alleged that on August 17, 2022 at the Criminal Investigation Department (CID) Headquarters, Eve Leary, Georgetown, Blanhum used a computer system to transmit electronic data with intent to humiliate, harass or cause substantial emotional distress to Bascom.   Blanhum was slated to appear in court on September 21, 2022.

However, the following day, the DPP sent a letter to the Chief Magistrate, Ann McLennan informing her that the charge against the Crime Chief is to be discontinued. In order to discontinue the charge, the DPP exercised the powers conferred on her by Article 187 (1) (c) of the Constitution of the Co-operative Republic of Guyana.

In May 2021, the DPP had discontinued the charge against Attorney-at-law Nirvan Singh, son of former Chancellor of the Judiciary, Carl Singh, who was charged for using racial slurs towards an Afro-Guyanese Policewoman, Shawnette Bollers, who was tasked with guarding his residence.

Singh had pleaded not guilty to the charge which stated that on March 20, 2022 at the corner of Middle and Cummings Streets, Georgetown, by means of words spoken by him in a public place, willfully excited and or attempted to excite hostility and ill-will against Bollers on the ground of her race as an Afro-Guyanese by using words directed to her and published by him, to with: “black monkey”, “monkey”, “black people have no purpose in life”, contrary to the provisions of Section 2 (1) Racial Hostility Act Cap 23:0).

He was placed on $100,000 bail and the matter was adjourned. However, instead of the matter continuing, the Magistrate received a letter from the DPP which stated that in exercise of the powers conferred on her by Article 187 (1) (c) of the Constitution of the Co-operative Republic of Guyana, “I hereby discontinue the charge in the above matter.”

(To share any useful information, please can contact me via email: naesambach@gmail.com or phone number: + (592) 694-1862)

 

 

 

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