Only DPP has right to decide on prosecution

A FEW days ago a hire car driver whose vehicle was involved in an accident in Region 2 related to me that he was advised by the police to get a documented agreement of settlement between the parties involved from a Justice of the Peace before the matter could be settled at the Suddie Station.

But as far as I am aware, there is no provision set out by statute that empowers a JP to do so and, likewise, a similar situation applies to the police who are in violation of the law for contributing to the making of such a document as well. (It would be useful for someone in authority to prove me wrong).
According to the driver, he was arrested and released on $10,000 station bail and warned of prosecution to attend court for dangerous driving on Thursday, but to avoid the long, drawn-out process, complied by providing the document which was responsible for the matter coming to an end with the payment of $30,000 to the victim.
For preparing and attesting to the document, the JP was paid $1,500 which the police had no right to request, having regard to the fact that such an Agreement cannot be considered to be legally binding.
A document of this nature does not have any validity whatsoever with the enforcement of its use contrary to the rule of law making a mockery of the justice system.
The vested authority to prosecute or not lies solely with the director of public prosecutions, whose functions are clearly usurped here when what is needed at all times is for the police to confine their operations within the ambit of their duties.
It is totally wrong and illegal too, for settlements to be effected at the station level when the rightful forum for this to be done is in the courts where the state stands to benefit financially from the imposition of monetary penalties.
Justice was never designed to be on sale with an obvious benefit being achieved. Somewhere along the line when settlements are made at the station level in a ‘short cut’ to defeat the proper course of action from being taken.
The law must be allowed to take its course and what was being done here is tantamount to perverting the course of justice which is a criminal offence that reminds me of the saying: “A watchman is to watch a thief but who is to watch the watchman?”
A simple directive from someone in authority can eliminate this presumptuous practice once and for all with a conspicuous notice at stations reading, “Settlements must only be made at the courts” as guidance to the general public as well.

 

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