Woman takes CoP to court

WHILE Director of Public Prosecutions (DPP) Geoffrey Henderson awaits a proper investigation into the release of two Barbados fishermen in February, a member of the fishing community has taken the Commissioner of Police to court to find out exactly how the case ended abruptly in the Scarborough Magistrates’ Court. Susan Charleau, of Park Lane, Techier Village, Point Fortin, filed an application in the San Fernando High Court Registry on Friday in which she is seeking leave for judicial review of the decision by police prosecutor Cpl John Morrison to offer no evidence against Bajan fishermen Joseph Mason and Samuel Firebrace on February 9.

The fishermen were arrested by the Coast Guard on February 6 for allegedly fishing in Tobago waters. Mason was held aboard the vessel “El Retes” while Firebrace was held with the vessel “De Boys.” No date has yet been set for the hearing of the application filed by Kamla Persad-Bissessar and Carol Cuffy-Dowlat. Since the release of the fishermen, there has been a public outcry as to the circumstances surrounding the decision to release the defendants. DPP Henderson, in a media release dated April 28, stated that he wrote to the acting Commissioner of Police Trevor Paul two days earlier seeking answers to the way the Bajans were released “although he is the only person under the constitution authorised to discontinue proceedings in court.”

Susan Charleau, in her affidavit,  said she became very concerned about the circumstances surrounding the release of the fishermen and the role of the police prosecutor in the case. Armed with a certified copy of the notes of evidence and proceedings in the Scarborough Magistrates’ Court on February 9, Charleau stated that on that day, Lt Kelshall and Leading Seaman Taylor were present in court having been cited as witnesses for the prosecution. Both Bajans appeared before Magistrate Joan Eversley-Gill and were represented by an attorney. Both Bajans pleaded not guilty to the charges. Charleau said Cpl Morrison, the prosecutor, failed and/or refused to offer evidence to prosecute the cases and offered no evidence. As a consequence, the magistrate granted the prosecutor leave to withdraw, and dismissed the charges against Mason and Firebrace. Charleau said she was deeply disturbed that the law enforcement officer made the decision he did and took the action he did which resulted in the two Bajan fishermen going free.

“I believe that the issues raised in my application go beyond just illegal fishing and raises fundamental issues of national concern in the public interest. I believe that my application is justifiable in the public interest since the decision and/or action of Cpl Morrison and the person or persons who influenced his decision and/or action impact adversely upon the rule of law, the criminal justice system and the administration of justice in Trinidad and Tobago.” Charleau continued, “even though the Director of Public Prosecutions has called for a report from the Commissioner of Police, I believe the issues in this matter transcend issues of the powers of the DPP and the course of action in criminal law to the DPP in the circumstances.” Charleau is seeking a declaration that the decision of Cpl Morrison was an omission to perform a duty and therefore it was unlawful and illegal. She also wants a declaration that the action of the police prosecutor was contrary to the provisions of Section 90 of the constitution and was therefore illegal.

The DPP, in his letter to the acting Police Commissioner which was filed in court, stated “a month has now elapsed and I find it shocking that this matter remains undetermined. The persons who ought to be interviewed and re-interviewed are either police officers or public officials. It could not take a month to conduct such interviews. “This is a matter of great concern. It involves what appears to be a trespass on the independent constitutional powers vested in the Director of Public Prosecutions. Therefore, it ought properly to be investigated,” Henderson added.