…says Chief Justice
CHIEF Justice Ag. Ian Chang, S.C., yesterday ruled that the advice given by the DPP to Acting Commissioner Leroy Brumell to charge Commissioner of Police Henry Greene with rape was irrational. And he awarded costs to Green in the sum of $50,000.
A Minister of the Government who was present at the ruling yesterday said that the Chief Justice acted as judge and jury.
In his ruling,  the  Chief  Justice said that the advice was irrational for the simple reason that the DPP, after finding that there was a prima facie case, did not go on to consider from the evidence before her  whether there was a realistic prospect of a conviction.
He pointed out that from the evidence of Camel Joseph and those of Dr. Mc Rae and Baptiste from the Health and Shelter, she could not find that there was a realistic prospect of a conviction.
She had to take all the evidence in a holistic manner.
She did not consider Greeene’s  statement nor the statement of Thom, the owner of the villa and the receptionist who worked at the Villa on the night when the Commissioner and the lady went there.
Mr. Neil Boston, one of the  lawyers representing Greene, with Mr.Rex Mc Kay, S.C, and  Mrs. Bettina Glasford  said that the view is that never mind how clamorous was the call for a public trial, it should not be held if the evidence does not disclose a realistic prospect of a conviction.
He said that the Chief Justice had pointed out that Dr.McRae, Dr. Joseph and Baptiste of Health and Shelter had given inadmissible evidence.
The DPP had taken inadmissible evidence into consideration.
The Chief Justice had said that normally he would not have granted costs because it was a matter of public interest. But he awarded costs because of the rumours that were being  peddled.
Ag.Commissioner charge to charge Commmissioner Henry Gereene with rape was irrational