– forestalling charges in alleged rape matter
ACTING Chief Justice Mr. Ian Chang, S.C., yesterday issued an Order or Rule Nisi of Certiorari directing the Director of Public Prosecutions to quash her advice given to the acting Commissioner of Police and others to institute charges against the applicant, Henry Greene, on a matter of rape allegedly committed on a 34-year-old woman. Henry Greene, Police Commissioner on leave, yesterday filed for Writs or Orders of Certiorari and Prohibition. He was represented by Mr. Rex H. Mc Kay, S.C., Mr. Neil Boston, and Mrs. Bettina Glasford, Attorneys-at-Law.
After hearing arguments in Chambers, the Chief  Justice directed the DPP to show cause why a Writ or Order of Certiorari should not be issued to bring up to the honourable court, and quash, the advice tendered by the Director of Public Prosecutions, given on or about the 3rd day of February, 2012 to the Commissioner of Police (ag), Leroy Brummel, and the Assistant Commissioner of Law Enforcement, Seelall Persaud, or either of them, to institute against the applicant a charge of rape of the 34-year-old woman, on the ground that the said advice by the Director of Public Prosecutions is irrational, unreasonable, unfair, unlawful, unconstitutional, null, void and of no legal effect.
Secondly, an Order or Rule Nisi of Prohibition directed to the Commissioner of Police (ag), Leroy Brumell, and Assistant Commissioner of Law Enforcement, Seelall Persaud, to show cause why a Writ or Order of Prohibition should not be issued preventing them from acting on the said advice of the Director of Public Prosecutions, or from instituting the said charge of rape against the applicant, on the ground that the said advice by the Director of Public Prosecutions is irrational, unreasonable, unfair, unlawful, unconstitutional,  null, void and of no legal effect.
And it was further ordered that a sealed and certified copy of the Notice of Motion, and the Affidavit in support thereof, together with a sealed and certified copy of the Orders of Rule Nisi of Certiorari and Prohibition, be served on the Director of Public Prosecutions; Leroy Brumell, Commissioner of Police (Ag.); and Seelall Persaud, Assistant Commissioner (Law Enforcement), returnable for 20th day of February, 2012 at 2.30 p.m. before the Honourable Chief Justice Mr. Ian Chang.
The grounds in support of the Originating Motion were as follows:

1. The application is the Commissioner of Police of Guyana on special leave.
2. That in the month of December, 2011, the woman made a report to the police, alleging that the applicant had unlawful sexual intercourse with her.
3. The said report was extensively publicized in the Kaieteur News on the 14th day of December, 2011.
4. On the 11th day of January, 2012, the applicant was interviewed by a party of three Jamaican police officers together with Seelall Persaud, Crime Chief of Guyana, Assistant Commissioner Law Enforcement; and on the 13th day of January 2012, the applicant submitted a statement to them, denying that he had unlawful sexual intercourse with the complainant.
5. That on the 3rd of February, 2012 the DPP advised the police that the applicant be charged with the offence of rape of the woman.
6. The applicant ought not to be prosecuted for the offence charged inasmuch as the evidential test that there is sufficient evidence to provide a “realistic prospect of conviction” was not met.
7. Not every allegation of a criminal offence will automatically be prosecuted. The DPP retains at discretion to prosecute, which should be exercised according to judicial principles.
8. In giving her advice to police to prosecute the applicant, the DPP did not exercise her discretion according to judicial principles, inasmuch as there was not sufficient evidence to provide “a realistic prospect of conviction.”
9. The Director of Public Prosecutions exercised her discretion unreasonably when she advised that the applicant be charged for the offence of rape.
And, take further notice that the applicant intends to use the affidavit filed in support of this Originating Motion and such other affidavits and viva voce evidence as counsel may advise.