–PM urges prosecutors at launch of Code of Conduct

PRIME Minister Moses Nagamootoo has urged prosecutors to steer clear of malicious, vexatious and politically motivated prosecution, and to show the highest respect for the Rule of Law when handling cases.

The prime minister made the call while delivering the feature address at the launch Tuesday of a ‘Code for Prosecutors’ at the Pegasus Hotel. The event also saw in attendance Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards; Director of Public Prosecutions (DPP), Ms Shalimar Ali-Hack and other members of her Office.
Said the PM: “More often than not, I see that as a politician you could take certain initiatives that are vexatious and a waste of either legislature or legislative time.
“The need to prosecute someone because everyone else says the person should be prosecuted; it doesn’t happen that way.”

An attorney-at-law himself, Minister Nagamootoo urged those prosecutors present at the launch–as well as those persons representing the courts–not to accept “evidence” that is secured by threat, torture, or inducement of any kind, and is not deemed credible.
The ‘Prosecutors Code’ was drafted by Crown Prosecutor David Robertson, who is a British attorney-at-law. Funded by the United Nations Office on Drugs and Crime (UNODC), the document will help to guide prosecutors in determining whether or not criminal charges should be instituted in their cases and handling of matters.

JUSTICE AT ALL TIMES
The PM emphasised that prosecutors show the highest respect for the Rule of Law and ensure that cases are made out on the basis of the objective test–the strength of evidence.Additionally,he said they should not seek convictions at all costs, but should pursue justice at all times.

He said that in cases where the prosecution discovers that “evidence” has been obtained by way of torture, coercion or bribery, they should discontinue prosecution; but this should be done only after making full disclosure to the defence. He also advised against the wasting of judicial time, but stressed that police investigators should exercise diligence in collecting evidence and make out cases that have real prospects of success.

Weighing in on the subject of jurisprudence, Director Ali-Hack said that everyone brought before the criminal courts ought to know the principles that are applied in deciding whether a case will be brought before them or contained against him or her; and that those principles will be applied, regardless of race, religion, gender, national and political association, family connections, wealth or any other personal factor.

The Prosecutors Code, she said, is amongst the latest developments at the DPP’s Office, and will be the precept by which constitutional prosecuting bodies such as the Guyana Police Force, the Customs Anti-Narcotics Unit (CANU), the Guyana Energy Agency (GEA), Guyana Geology and Mines Commission (GGMC), the Guyana Revenue Authority (GRA) and other bodies which institute charges are guided.

WORD OF CAUTION
She, however, cautioned that charges should only be instituted by the foregoing bodies after all the evidence and the relevant circumstances have been properly considered, and legal advice sought.
She also warned that incorrect decisions to prosecute such cases may ruin lives and undermine confidence in the criminal justice system.

In closing, she said: “It is hoped that this code will improve consistency in decision-making among prosecutors in Guyana, by giving guidance on general principles to be applied when making decisions in prosecution.”
Deputy Commissioner of Police Paul Williams who was once a police prosecutor, welcomed the ‘Code’, as it will now be setting the bar for prosecution in Guyana. He also called for prosecutors to work along with investigators when handling cases.

As Justice Cummings-Edwards observed, “Society wins not only when the guilty are convicted, but when a criminal trial is fair.”
Noting that the Administration of Justice Act (AJA) suffers when an accused is treated unfairly, Justice Cummings-Edwards said she, therefore, believes that the ‘Code’ will help guide prosecutors in making sure that justice is served, and that there is confidence in the criminal justice system.

“Prosecutors,” she said, “are Ministers of Justice; they are not to secure a conviction, but to see that justice is done.”
The “Code for Prosecutors” is a 27-page booklet that is now available at the Office of the DPP, which is located at Seawall Flats, Eve Leary, Kingston.