UNC: CJ's statements are unprovoked attack on DPP

Barataria/San Juan MP Saddam Hosein. -
Barataria/San Juan MP Saddam Hosein. -

San Juan/Barataria MP Saddam Hosein said the Chief Justice’s (CJ) comments on the situation in the office of the Director of Public Prosecutions (DPP) were an unsolicited and unprovoked attack on the office of the DPP. He criticised the CJ for interfering in what Hosein sees as a political affair.

Speaking at the UNC’s weekly Sunday media conference at the office of the Opposition Leader, Charles Street, Port of Spain, Hosein said he could not understand why the Chief Justice would make such a statement with regard to what is taking place in the criminal justice system.

“This was a political fight between the PM, AG, and the DPP. The CJ has an important responsibility with respect to the administrative functions of the courts, the judiciary and also as the chairman of the judicial and legal services commission (JLSC), but the CJ should not descend into the political gayelle where a political fight is taking place.”

Hosein took issue with one part of the CJ’s statement, where the CJ would have said that 150 prosecutors were not required by the DPP's office simply because TT did not have enough courts.

“CJ, the work of a prosecutor is not just in the courts, it also takes place in the office. When I was there as a very junior state counsel, we had to be drafting summary of evidence in the drafting of indictments to be approved by the DPP, engaged in research, in all other things with respect to how the courts function, and to try to get matters moving in a timely matter.

"So that issue of the number of prosecutors required, in my humble opinion, is one for the executive to make a decision on, and not the judiciary.

“The judiciary can give a recommendation of the number of courts they require but not of the number of prosecutors required. The number of prosecutors must be determined by the workload of the office of the DPP.

"While you need prosecutors to man every court in this country, there is also work that has to be done to prepare other matters for trial, such as the briefing of witnesses, the necessary legal research, dealing with applications which may be before the court.

"Those things can be done simultaneously in order to prepare and front load matters so that when you go to court you are prepared for this matter to go to trial. That is a matter solely within the remit of the policy makers in this country, which is the Executive.”

Hosein said when the People’s Partnership was in power, it had said the number of prosecutors needed by the DPP was 170, based on recommendations to the AG at the time.

He said the PM had been irresponsible in mentioning the security concerns at the new DPP’s office on Park Street, which has been vacant for almost three years owing to Special Branch concerns.

On March 8, the DPP said his office was undergoing a staff shortage and he could not fulfil the expectations of the CJ to man all courts with prosecutors. He said he had no control over the appointment of staff at the DPP’s office, as this was the sole remit of the Judicial and Legal Service Commission – headed by the Chief Justice.

The AG said the DPP’s office had enough staff, but they were underperforming. The Criminal Bar Association and the UNC have asked the AG to apologise.

In a release on Friday, the CJ accused the DPP of negligence in the discharge of aspects of his function. He said the DPP had failed to suggest names and appraisals for prosecutors to be promoted and failed to indicate the need to fill vacancies in his department.

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