Accused man adds DPP, Bar Assn to lawsuit

THE Director of Public Prosecutions (DPP) and the Criminal Bar Association are to be included in an accused man’s lawsuit on the practice direction issued by Chief Justice Ivor Archie on pre-trial defence disclosure. The first hearing came up before Justice Joan Charles in the Port of Spain High Court yesterday, when it was decided to include the DPP and the CBA. A representative from each group is expected to appear in court on April 9 to state their position on the issue raised by the man, who is on trial in the Port of Spain High Court. The man filed the lawsuit after the judge presiding over his criminal trial ordered him to file a defence statement in accordance with the practice direction, dated December 14.

The man’s lawyers, Joseph Sookoo and Danielle Rampersad, in the lawsuit filed last week, argued that practice direction on pre-trial defence disclosure interfered with an accused person’s right to silence and fair-trial rights. They also contended that the practice direction sought to bypass parliamentary scrutiny and was mandatory in nature.

According to the lawsuit, the practice direction does not form part of the new CPR 2016, which came into force on April 18, 2017. It contends that any rules of court made by the Rules Committee were subject to negative resolution of Parliament, and although the CJ was empowered to issue practice directions, those he gave in December contravened an accused’s right to silence. Archie was represented by attorney Keith Scotland.