He never prosecuted anyone

Christian Chandler
Christian Chandler

QUESTIONS are being asked about the ability of the TT Police Service's (TTPS) Director of Legal Christian Chandler to train police prosecutors when he has never prosecuted anyone before.

The concerns come from both police officers within the Court and Process Branch and defence attorneys alike. One senior police prosecutor who asked not to be identified commended Chandler for leaving a lucrative private practice to serve the public even going as far as saying he should be awarded for his patriotism. The officer questioned, though, how Chandler would be able to train officers to become better prosecutors when he never prosecuted a matter in his fairly short legal lifespan.

The officer highlighted Chandler's appointment as a "breath of fresh air" that may be a good thing for the police. Sunday Newsday published an article last Sunday (https://newsday.co.tt/2019/01/20/law-lessons) identifying Chandler's plans to train court prosecutors to better themselves against the likes of seasoned defence attorneys. Chandler said his plan was to have police prosecutors enhance their skills through training and educating themselves on the latest authorities.

The officer said, "I am glad for him but what is his record? His forte is not criminal law, it is civil and police don't do civil cases. If he does not train officers himself and he hires outsiders how will he know he is getting value for money? But, as the Commissioner shows, you don't have to be a police officer to be the Police Commissioner then I guess you don't have to be a prosecutor to be the Head of Legal in the Police Service."

Former senior state attorney now defence lawyer Brent Winter said he commended the enhancing of the police prosecution skill-set, but the concept of a police prosecutor to him is not an optimal arrangement. "The paramount responsibility of the police is the detection and investigation of crime; not its prosecution" said Winter.

He added: "The Commissioner’s riposte to the recent public statement by the Law Association in which he outlines the job of the police was to put criminals in jail, while the job of “others” was to have criminals as their clients and try to get them out of jail is a lurid example of why the role of the police is incompatible with the function of a prosecutor."

Chandler's appointment was also marred with concerns of nepotism after he represented both CoP Gary Griffith and his wife Nicole Dyer-Griffith in separate cases and is currently on record for representing Griffith in an ongoing matter where a former radio talk-show host is suing Griffith.

Defence attorney Wayne Sturge said he found it "interesting" that Chandler, with no prosecuting experience, was selected to lead the arm of the police responsible solely for prosecution.

Sturge said: "I would like to know who were the members of the selection panel and who were the other candidates. There is another issue which actually causes concern. The TTPS would normally seek advice on criminal matters from the office of the DPP (Director of Public Prosecutions) and when there is a civil issue from the office of the Attorney General, both these offices act as independent and impartial checks and balances on the police.

"Can this TTPS legal unit appointed by and for the TTPS act as an effective check and balance on the TTPS? Can it render advice that flies in the face of any policy dictate of the Commissioner who may have the authority to fire members of this unit, including the head? What are the terms and conditions of the head of this unit and can he be removed by the Commissioner? These are matters that for which we should seek clarification. Who appointed the panel that made the selection and who is that panel answerable to? These issues are matters of law, not policing."

Last week, Chandler denied his appointment was linked to his previous work for Griffith and said he applied for the advertised position and won. Chandler replaced Kazim Ali who headed the unit formed under then acting commissioner Stephen Williams.

Asked about the issue of his experience on Saturday, Chandler told Sunday Newsday he was not phased by the concerns raised.

"I am not going to get into a back and forth. Those who you spoke to are entitled to their opinion."

Sunday Newsday learnt at least two other attorneys applied for the job, Assistant DPP George Busby and retired magistrate Alexander Prince. Both were offered the post and while Prince refused, Busby was unable to take up the position for reasons not disclosed to Sunday Newsday. Prince, when contacted, said the remuneration package of just about $33,000 was not enough for his 30-plus years in law, beginning with 18 years in the police, some as a court prosecutor, six as a state prosecutor and 11 as a magistrate. Busby did not say why he was unable to accept the job when called.

Prince lamented that if the TTPS wanted to attract the best then they needed to pay for the expertise. He said the ceiling of $33,000 came after the three member panel did not want the Head of Legal to be paid more that the CoP who earns $40,000.

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