DPP: Judge’s comments ‘a bit unfortunate’

Director of Public Prosecu-tions Geoffrey Henderson yesterday described Justice Prakash Moosai’s comment, made after the freeing of  two lawyers and a bailor, as “a bit unfortunate having regard to the special facts of the case.” Justice Moosai had described the DPP’s decision to offer no evidence against the three as “astonishing” and suggested that the DPP get Senior Counsel help when his prosecutors are up against a battery of Silk. Five Senior Counsels had represented the lawyers. Attorneys Mervyn Mitchell, Ken Wright and bailor Patrick Hannibal were freed yesterday on a charge of conspiracy to pervert the course of justice by using false dates to secure bail for a drug trafficker in 1996.

Henderson recalled that whenever prosecutors, some of whom are relatively junior attorneys, come up against Senior Counsel and there is an acquittal, there are always demotivating remarks. But when there are convictions there appears to be no comment. He said, “It’s unfortunate that there seems to be a very vocal recognition in cases where persons are discharged or acquitted without the full analysis of the special facts of the case leading to such results.” He said as the public body he always welcomed constructive criticism where such criticism leads to the strengthening of the institution. However, unfortunate where there is only criticism when there are acquittals. He emphasised that the duty of a prosecutor is not to secure a conviction at all costs, but to fairly and firmly present its case so that the fact-finding tribunal can adjudicate thereon.

He recalled some of the “high profile” cases such as the Clint Huggins murder trial, where these same prosecutors, Wayne Rajbansie and Natasha George, were up against Silk and other experienced Counsel and were successful. But no one made comments then. Another successful case was the Bobart kidnapping matter where most of the defence attorneys are now senior counsel. He also referred to the recent successful prosecution of businessman Frankie Boodram by a very junior prosecutor. Boodram was defended by Senior Counsel.