‘Coconut bat’ lawyers in DPP’s office

CHIEF JUSTICE Sat Sharma is pleading with the Government to rescue the Office of the  Director of Public Prosecutions (DPP) and hire a cadre of experienced and skilled prosecutors if the fight against crime is to be successful. Sharma said this was not intended to be an attack on the present crop of State prosecutors, but pointed out that there really is no substitute at the end of the day for experienced counsel. To illustrate his point, Sharma used a sporting phrase and said, “You cannot send a batsman with a coconut bat to open the innings at Lords.” Sharma was speaking at the ceremonial opening of the 2003-2004 law term at the Hall of Justice, Port-of-Spain.

The DPP’s office has suffered a tremendous loss in the last two years with the departure of DPP Mark Mohammed (to become a judge), Rangee Dolsingh SC, who went into private practice, and Anthony Carmona SC, now a prosecutor for the United Nations in the Hague. The Chief Justice feels there should be experienced and skilled prosecutors to handle the more serious criminal prosecutions before the Magistrates’ Courts and Assize Courts. He found that in many serious and complex criminal matters, the accused is represented by Senior Counsel. The State on the other hand is unable to match with counsel of even roughly equivalent forensic skill. Sharma said the Government has a duty and responsibility to ensure that the DPP’s office is properly staffed and the officers properly renumerated to attract lawyers of a high calibre to take on the heavy responsibilities which they have to discharge.

“There is no doubt that guilty persons have been acquitted in the past because of the inexperience of counsel for the State. This tends to undermine the criminal justice system. It is perhaps a sad fact that this will continue in the future and some may argue that this is inevitable, in any system of justice — but at least an effort should be made to minimise such occurrences.” The Chief Justice said Government has focused its attack on crime by concentrating on the investigative arm of the State. While this is commendable, Sharma feels that the other arms of the State need to be involved. He said there must be a concentrated effort by all concerned. Therefore, he feels the Government must come to the rescue of the Judiciary and equip the courts. When contacted, DPP Geoffrey Henderson welcomed the Chief Justice’s warm words of suggestion about better terms and conditions and the increase in the cadre of attorneys in the department. However, Henderson noted that his team has experience and has been performing well, notwithstanding the fact that they have been fighting in a class above their weight.