There should be two Directors of Public Prosecutions (DPP), instead of one, to ensure accountability and efficiency.The suggestion was put forward by San Fernando attorney Kevin Ratiram at the Constitutional Reform Consultation at Paria Suites Hotel, La Romaine, on Wednesday night.Another issue was gay rights, which saw activist Kenty Mitchell appealing for "protection by the Constitution of the land."
Noting that the DPP had the sole power whether to charge someone, what offences to charge them with and whether to discontinue prosecution, Ratiram said:"The power of the DPP is overwhelming. There needs to be a check and balance on this power."I am advocating the appointment of two DPPs. In cases of serious crimes, charges should only be laid and prosecutions discontinued where both DPPs concur."
Ratiram said that would reduce the possibility of the arbitrary exercise of prosecutorial powers by a single person.He also said there was no official channel by which the DPP could be held accountable for matters lingering for unreasonably long periods.He added: "I find it unacceptable that a file should remain on the DPP's desk year upon year and when questions are raised as to the status of the matter, the response is simple 'the matter is still under investigation.'"
Agreeing that the Attorney General should continue to have no role in the prosecution of criminal charges, he argued that the AG should be given the power to inquire from the DPP the status of any investigation.Mitchell, who said he had been living with a man for 16 years, said he twice sued the State after he was arrested "for just being myself, openly gay" and won. However, he continued to be victimised, he added.
He said: "I am living in this country all my life and still we can't get gay rights. I am openly gay still. I am in a relationship for 16 years with one person and still I can't get gay rights."I don't know if I have to do like my family and jump on a plane to go to England to get gay rights, because its seems like we are not getting it here. Something is wrong."Mitchell said he ran a taxi service.He said: "They (police) stop locking me up now, They start giving me tickets for nothing...
"It is victimisation. All I want is equal rights that the police or the magistrate in San Fernando do not victimise me. People will watch me funny. What I do behind closed doors is my business."Several people, including representatives from religious bodies, spoke for or against gay rights.One person expressed concern about harsh action against people in other countries where there was gay rights legislation who were against it for religious reasons.
"People have lost their jobs in the UK and Canada, where sexual orientation is included in the legislation, if you refuse on the ground of religion to marry or provide accommodation (to gays)."People are being sued and forced to go out of business there. There has to be a balance," the speaker added.Sandra Ramlakhan, of the Consortium of Disability Organisations, advocated for the word "disability" to be expressly stated in the preamble of the Constitution.
"If disability is not stated, it is always excluded. A fine example is the Millennium Development Goals, where none of the goals stated disability."As a result very few countries in the world have actually achieved their millennium goals," she said.She also asked for the phrase, "persons with disabilities", to be used instead of "differently-abled".Ramlakhan, who uses a wheelchair, was also not convinced that the Government or the Opposition were enthusiastic about having people with disabilities in Parliament.
She said the President selected two disabled Independent Senators but the Government and Opposition members were yet to reciprocate."That is in poor taste," she said.The meeting, attended by Legal Affairs Minister Prakash Ramadhar, was chaired by Errol Fabien.