Last update: 12-Dec-2013 3:15 am
Thursday, December 12, 2013
Trinidad & Tobago Guardian Online
You are here
Lifting the Veil
Yesterday, I was a member of a panel speaking on the topic, “Prosecutorial Discretion and Caribbean Constitutionalism.”
The following is an excerpt from my presentation, entitled “Lifting the Veil,” in which I respectfully submit that the Director of Public Prosecutions (DPP) in all jurisdictions where such office-holders have been granted wide powers of discretion to institute, undertake, take over, continue or discontinue criminal proceedings against any person before any court in respect of any offence, ought to give reasons for his decision in instances in which the discretion not to prosecute has been exercised.
At first blush, the name of the presentation might appear wrong, because the term “lifting the veil” is usually associated with the concept of going behind the separate legal identity of a company in order to claim personal liability from those who actually manage and/or control and/or own the entity.
Of course, in the context of this discourse, the phrase is being used to promote the position that a DPP who by virtue of the Constitution is given wide powers and operates as an independent institution ought, in the interest of transparency and accountability, to provide reasons, to be made public, to explain or justify his decision not to prosecute a person in circumstances in which there may be sufficient evidence to call upon the person to answer a charge or not to initiate proceedings in cases in which there have been serious allegations made against a person.
User comments posted on this website are the sole views and opinions of the comment writer and are not representative of Guardian Media Limited or its staff. Guardian Media Limited accepts no liability and will not be held accountable for user comments.
Please help us keep out site clean from inappropriate comments by using the flag option.
Guardian Media Limited reserves the right to remove, to edit or to censor any comments. Any content which is considered unsuitable, unlawful or offensive, includes personal details, advertises or promotes products, services or websites or repeats previous comments will be removed.