[UPDATED] DPP explains decision to drop dangerous driving charge against DCP Martin

5 Hrs Ago

DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has explained his decision to discontinue the dangerous driving charge against Deputy Commissioner of Police Suzette Martin, citing the "extremely tenuous" nature of the evidence.

In a phone interview on December 18, Gaspard said it was unlikely a conviction could have been supported.

“Having reviewed the CCTV footage of the incident, the evidence for dangerous driving was extremely tenuous,” he said.

Gaspard acknowledged that while his office initially advised laying the charge, a re-evaluation of the evidence prompted the decision to file a notice of discontinuance.

“We would have to look at a fair prospect of conviction, and when you look at the evidence, it would not meet the barometer. I am of the view there was no fair prospect of conviction on the evidence we had.”

“Put simply, the evidence is tenuous and there's a paucity of evidence.

“In those circumstances, owing to the barometer, we use the litmus test, which is our full-code test. If there's no reasonable prospect of conviction, we do not pursue those matters.

“That would be foolish and unfair.”

He said his office had a duty to be “fair” to everyone.

“The touchstone is fairness and our duty to be fair mustn't turn on who it is or which post they hold.”

On April 18, 2023, Martin, driving an unmarked police vehicle, allegedly struck a 14-year-old student crossing the Priority Bus Route in San Juan. The boy, who was on his way to school, was allegedly hit near the Croisee and suffered fractures to his feet, reports at the time said.

According to Gaspard, the individual suddenly emerged from between two vehicles into Martin’s path.

Gaspard emphasised that evidence reviews can lead to revised decisions.

“We can review that evidence and make a different determination. We have done so in several cases. It is dynamic,” he said.

Senior magistrate Maureen Baboolal-Gafoor formally dismissed the charge on December 17.

The Police Complaints Authority (PCA) investigated and Martin was charged via summons and ordered to appear in court. The PCA compiled a file after obtaining CCTV footage of the collision and enlisting the help of numerous witnesses on the scene.

The PCA's report recommended disciplinary and criminal charges against Martin.

PCA director David West declined to comment on December 18.

The charge was laid by Assistant Commissioner of Police (ACP) Wayne Mystar.

Newsday was told that on the eve of the six-month statute of limitation for laying the charge, on October 17, 2023, even after the file was closed, a recommendation was made for it to be reopened and an audience was sought with the Office of the DPP, which resulted in the laying of the charge.

In his final report on September 14, 2023, Mystar said, “In view of the information obtained by all parties that were involved in the RTA and the CCTV footage which was consistent to what was reported…I recommended that the driver of vehicle PED 9635 be exonerated from any prosecution of the RTA.”

He said the information from all the parties involved in the incident and the CCTV footage was consistent, except for the account from the teenager’s friends.

Mystar said he was of the strong view that the teen was “negligent in his actions in attempting to cross the roadway.”

He said the teenager “failed to utilise the designated area for crossing and by walking from between two stationary maxi taxis gave the driver of PED 9635 no opportunity for her to observe his actions on the roadway.

“The driver of vehicle PED 9635 exercised due diligence by coming to a stop in observance of the traffic light which was signalling red.

“It must be observed that the pedestrian was the one who came into contact with the wheel of the said vehicle.

“It was also observed that vehicle PED 9635 came to an abrupt stop after the collision which suggests to me that the vehicle’s speed was drastically reduced prior to the collision.”

When she appeared in court in October 2023, Martin pleaded not guilty to the charge.

Attorney Jagdeo Singh noted at that hearing, “This case has reached you in strange circumstances. This file was closed by police investigators in clear, unmistakeable, and unimpeachable terms.”

On December 17, another of her attorneys, Darren Mitchell commended the DPP and Ferguson-Heller for their “demonstration of justice and independence in what can be safely viewed as mischief and desperation.”

Later on December 17, Singh said, “I think today is the culmination of a case that came to the court in what I would describe as less than stellar circumstances.”

“The confluence of circumstances when this case was brought…When my client was up for promotion to the higher ranks leaves very much to be desired because this case was closed for all intents and purposes by the police, who had conducted an investigation and no further action was required or recommended.

“That was the actual notation that was on the file.”

Singh did not rule out taking legal action.

“My client is keeping her options open to vindicate her rights.”

Martin said, “I wish to express my sincere gratitude to God for His guidance and grace throughout this process. I firmly believe that the truth has prevailed, and I thank the Almighty for providing clarity in this situation.”

She maintained her respect for the judicial system and its impartiality. “The court operates with integrity and impartiality, and as a senior police officer, I remain committed to upholding the principles of justice and fairness in all aspects of my work,” she said.

Reaffirming her dedication to the safety and security of TT, Martin pledged to continue serving with professionalism and integrity.

“As DCP, I continue to prioritise the safety and security of our people. My responsibility is to lead the Trinidad and Tobago Police Service with professionalism, integrity, and commitment. I will not be deterred in my duty to protect and serve,” she said.

Martin also extended her thanks to her family, colleagues, and members of the public who supported her during the legal proceedings. “Your encouragement has been invaluable, and I remain focused on ensuring that the TTPS continues to evolve and serve the people of this country with honour and dedication.”

In conclusion, Martin said, “I give thanks to God for His strength and guidance. I remain steadfast in my mission to lead with fairness, courage, and integrity, ensuring that the work of the TTPS continues to make a positive impact on the safety and well-being of our nation.”

This story has been adjusted to include additional details. See original post below.

DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has explained his decision to discontinue the dangerous driving charge against Deputy Commissioner of Police Suzette Martin.