Director of Public Prosecutions (DPP) Roger Gaspard says he plans to continue the prosecution of the three remaining corruption cases related to the construction of the Piarco International Airport.
Gaspard made the announcement during interview on i95.5 FM’s Morning Show yesterday, two days after he discontinued the Piarco 3 corruption case against former prime minister Basdeo Panday, his wife Oma, former government minister Carlos John and businessman Ishwar Galbaransingh.
Gaspard said: “I have made no determination except that we are proceeding with the rest.”
Pressed on the issue, however, Gaspard admitted his current position may change based on evolving circumstances.
“That is a possibility that is always open but what I am saying is in this time frame, the only determination I have made with respect to the other matters is that we are continuing,” he said.
Addressing the protracted nature of the four Piarco cases, including Piarco Three case discontinued on Monday, Gaspard admitted his office was partially to blame.
“If in 2023 we are now seeking to proceed with a matter that occurred in 1998/1999, I would have to say that does not speak to an efficient working system and the DPP’s Office is one of the major stakeholders in the system. So, I understand that some blame for the protracted delay in the proceeding may fall at the feet of the Office of the DPP,” he said.
However, he declined to ascribe any blame to other stakeholders in the criminal justice system.
“I do not wish to apportion blame one way or the other. Maybe everybody may have contributed in some way to the eventual outcome, including all the interested stakeholders. Whose fault would that be? It is not for me to allocate that kind of blame,” he said.
He did admit some delays were due to a myriad of legal challenges that were pursued by the accused.
“I am not blaming the system. I am trying to explain how certain things would have arisen and how certain loopholes might be explored, sometimes quite properly, by persons defending themselves,” he said.
Dealing specifically with his decision to discontinue the Piarco Three case, Gaspard said it was based on an assessment of the probability of securing convictions and the public interest.
“The DPP’s Office isn’t primarily concerned with convicting persons. The DPP’s Office is concerned with bringing prosecutions against persons where there is sufficient and compelling evidence. It is not a win-at-all-costs situation and if you lose, something is wrong with you,” Gaspard said.
“Stopping a case sometimes does not mean that the system failed. It could also mean that the system worked. Hence the reason you have the DPP’s Office.”
Gaspard also noted he had to consider the costs and resources associated with prosecuting the cases.
“There comes a time when a person sitting in my chair has to make the hard decision to say enough is enough. These matters attract sometimes costs to citizens that may be prohibitive, but it is the very citizens who want justice to attend upon those purveyors of white-collar crimes,” he said.
“You can’t have it both ways,” Gaspard added.
Gaspard declined to suggest a time frame for the remaining cases to go to trial, as he noted his office may have to respond to other legal challenges from the defendants.
He noted that while the Piarco One and Four cases were completed with the accused persons being committed to stand trial, the preliminary inquiries in the Piarco Two and Three had to restart due to the retirement of former senior magistrate Ejenny Espinet.
He said there is also a pending appeal before the Court of Appeal over his office’s ability to bypass the preliminary inquiry stage and file the indictments in the High Court.
Gaspard also sought to address the acute and chronic staff shortages in his office.
“Any time you reach a stage where the number of courts outnumbers the number of prosecutors, that must be an area of concern,” Gaspard said.
“It is extremely challenging. I have said many years ago that if it continues, the criminal justice system will collapse,” he added, as he noted he raised the issue previously in the public domain and while appearing before a Joint Select Committee of Parliament.
He said staff at his office is either hired by the Judicial and Legal Service Commission (JLSC), chaired by Chief Justice Ivor Archie, or on contract by the Chief Personnel Officer (CPO) and the Office of the Attorney General.
“I have no control over the staff at my office...I do not make any decisions,” he said.