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DPP’s incompetence a sad day for justice

By AZAD ALI
THE State has been spending millions of dollars to hire senior attorneys in private practice to prosecute criminals, who every week are walking free because of a weak Director of Public Prosecutions Department (DDP) and incompetent police investigations.

Over the past week, the police have come under heavy criticism from judges over their investigations.

Prosecutors now have to turn to plea bargain to get a conviction or confessions, which judges are throwing out.

ISRAEL KHAN SC

ISRAEL KHAN
SC


Former Deputy DPP Rangee Dolsingh SC said the administration is justice is being eradicated, adding that the State now has to use plea bargain to get a conviction.

THE State has been spending millions of dollars to hire senior attorneys in private practice to prosecute criminals, who every week are walking free because of a weak Director of Public Prosecutions Department (DDP) and incompetent police investigations.

Over the past week, the police have come under heavy criticism from judges over their investigations.

Prosecutors now have to turn to plea bargain to get a conviction or confessions, which judges are throwing out.

Former Deputy DPP Rangee Dolsingh SC said the administration is justice is being eradicated, adding that the State now has to use plea bargain to get a conviction.

He blamed the inexperienced State attorneys and bad police investigations for killers walking free.

Dolsingh referred to a murder case last week in the San Fernando High Court which he said was a case of bad police investigations and an abuse of power by the police.

Former President NOOR HASSANALI (left) and RANGEE DOLSINGH (centre)

Former President NOOR HASSANALI (left)
and RANGEE DOLSINGH (centre) in
conversation with another lawyer.

A 19-year-old youth, Walter Baksh was freed by Justice Larry Lalla, in the San Fernando High Court on a charge of robbing and stabbing to death taxi-driver, Martin Williams, 47, along with two men in February 2004.

The judge refused to admit into evidence an alleged confession statement which Baksh gave to the police some 13 months after the murder.

Since the State was relying on the confession to convict Baksh, the prosecution said it will not be pursuing the matter.

Dolsingh said Baksh’s father, Fyzool Baksh, is moving to sue the police for wrongful arrest and false imprisonment.

Last week, the State had to accept manslaughter pleas in three separate murder cases.

On Wednesday, Justice Herbert Volney, presiding in the Port of Spain High Court, slammed the police over the investigation into the murder of San Juan travel agent Menon Hingoo, who was beaten to death in May 2002 and his body dumped into the Gulf of Paria.

Alicia Marsha Chunu, 30, of Rich Plain Road, Diego Martin, was charged with his murder.

At the close of the prosecutions’ case, Chunu’s attorney Ravi Rajcoomar made a no-case submission and the State conceded it could not respond to the submission.

Justice Volney, in freeing the accused, said it was a “sad day” for the administration of justice.

He said justice had not prevailed for either the accused or deceased.

He noted that Chunu spent the last four years behind bars on testimony which “at its highest, offered inept investigation, only a modicum to suspect Chunu of a weak motive for killing her lover”.

The judge said it was an investigation which was closed before it started.

“She suffered the fate of the poor in the face of an ill-advised prosecution.”

Police say that before charges are preferred in most criminal offences, they seek advice from the DPP’s office.

“They have some ‘two-by-four’ attorneys there, so we have to go ahead with their advice to charge,” one officer said.

And on Thursday, two prisons officers were freed following a retrial on a charge of murder.

They were accused of beating to death an inmate, Anton Cooper in 2001.

Although the State hired Israel Khan SC to prosecute Devindra Ramdial and Anslem Griffith, he was unable to convince the jury in the Port of Spain High Court to convict them of murder.
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