Parliament JSC told: DPP at loggerheads with AG, CJ

FACING THE MUSIC: Director of Public Prosecutions (DPP) Roger Gaspard, SC, and Deputy DPP Joan Honore-Paul face questions from a Parliament JSC on Wednesday at the Linda Baboolal Conference Room, Parliament. PHOTO BY ROGER JACOB - ROGER JACOB
FACING THE MUSIC: Director of Public Prosecutions (DPP) Roger Gaspard, SC, and Deputy DPP Joan Honore-Paul face questions from a Parliament JSC on Wednesday at the Linda Baboolal Conference Room, Parliament. PHOTO BY ROGER JACOB - ROGER JACOB

DIRECTOR of Public Prosecutions (DPP) Roger Gaspard on Wednesday told a Parliament committee of his tensions with an unnamed Attorney General (AG) and Chief Justice (CJ) Ivor Archie. He appeared with Deputy DPP Joan Honore-Paul before the Joint Select Committee (JSC) on National Security chaired by Keith Scotland, sitting in a parliamentary committee room at Cabildo Chambers in Port of Spain.

He said an AG had tried to interfere in the workings of the DPP's Office and also felt injury from a statement last month by Chief Justice Ivor Archie.

The revelations began when JSC member Jayanti Lutchmedial asked if the Office of DPP should have its own budget independent of its line ministry, the Ministry of the Attorney General, as she noted that even the Financial Intelligence Unit (FIU) had its own line item in the annual allocation to the Ministry of Finance.

Gaspard replied, "Let me spectacularly highlight my situation. Some time ago someone who occupied the chair of the Attorney General had a conflict with someone who occupied the chair of the DPP. Before the conflict crystallised the DPP's office would have arranged to have a retreat and a training session with the staff. Because of the conflict, the Attorney General in his wisdom then decided to indicate to the DPP that because of that conflict, he is not allocating any resources for the training retreat.

"This is not fiction. I'm not being hypothetical. This happened as a fact and I'm speaking from my own knowledge."

Gaspard said that if the DPP's Office is to be truly independent as mandated in the TT Constitution, it cannot be right that if the office wishes to buy a scanner that purchase must not depend on the complexion of his relationship with a particular AG.

He related that he had once advocated that the Anti-Corruption Bureau be removed from the AG's purview.

Gaspard stated that while legally the DPP must apprise the AG of certain new developments, the AG actually has no place in the DPP's decision-making process.

"Put the incumbent (AG Reginald Armour) aside. Bearing in mind my institutional memory, there have been attempts at interference in the DPP's office, and I'm speaking from my own knowledge."

Later, JSC member Dr Roodal Moonilal lamented a dysfunction in co-ordination among the offices of DPP, AG and judiciary. He recalled being taken aback last month at the contents of a statement published by the CJ including observations on the conduct of business at the DPP's office and had offered recommendations.

Archie's statement had accused Gaspard of negligence in his duties particularly the staffing of his office.

Gaspard replied that he had decided not to respond to the CJ's remarks.

"I decided not to condescend into any particulars so as to traverse or meet certain things that would have been said by the quite Honourable Chief Justice. It's not that I cannot. I decided not to, in the interest of dealing with these matters responsibly.

"So whatever injury may have been caused by that missive, I was prepared to take those injuries, put them on the back seat and drive forward with the interest of TT in mind.

"I felt if I should engage in a public spat with the Chief Justice and the Honourable Attorney General it may have deleterious consequences - forget about me - for the interest of justice, the public interest and the criminal justice system."

Later, Moonilal asked about a criminal justice unit in the police service, with which the DPP expressed concern.

He replied, "I've always had an abiding concern about any unit which purports to exercise a parallel jurisdiction to the Office of the DPP."

Gaspard wondered if the police had the expertise to probe complex fraud cases.

In his closing remarks, he lamented the slow pace of cases in court as being a source of shame to him.

He said a certain office can sometimes only as fast as it is allowed to, saying the DPP's Office relied on the police service.

Gaspard vowed to "focus on the bigger picture" and put personalities on the proverbial back burner.

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"Parliament JSC told: DPP at loggerheads with AG, CJ"

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