– complaint withdrawal leads to charges dismissal

THE Chambers of the Director of Public Prosecutions (DPP) has concluded that there is no legal basis for the Guyana Police Force to proceed with the rape case against Local Government Minister, Nigel Dharamlall,

The decision came after the complainant expressed her wish to withdraw the complaint and provided a statement affirming that her decision was made independently and in her best interest.

This is according to the Guyana Police Force (GPF) which issued a statement on Tuesday informing the public on the status of the case.

Last week, the Office of the DPP which is led by Shalimar Ali-Hack, had sent back the file to the police recommending further investigations to be conducted.

However, on Tuesday morning, the police resubmitted the file to the DPP. Hours later, the DPP sent back the file with her legal recommendation.

“In her advice, the DPP disclosed that consideration was given to the fact that the complainant gave a further statement to investigators that she wishes to withdraw her complaint against Minister Dharamlall and that her decision was not influenced by anyone and that same was in her best interest.

“The DPP also proffered her advice based on the fact that the virtual complainant’s statement was taken by a forensic interviewer in the presence of a parent, a Child Care officer and a police officer and that such statement was free and voluntary,” the GPF statement said.

In light of the above, the DPP concluded that in the absence of the victim’s complaint, “there is no legal provision for the police to proceed with the matter.”

Last Friday, the GPF said that the 16-year-old girl on June 29, informed her parents and the Child Care Protection officer that she did not want to proceed with this matter any further.

At that time, the teen, in the presence of her parent and the Childcare official, informed the investigators that she was withdrawing her complaint against Minister Dharamlall and that she was doing so without anyone forcing her to do so and of her own free will.

A video recording was made of the virtual complainant expressing these wishes, and her statement was then handed over to the investigators. All of this was done in the presence and hearing of her parent and the Childcare Protection Agency officer.

Minister Dharamlall was placed on $1 million station bail during investigations and had denied the alleged rape committed on a 16-year-old girl.

He had proceeded on administrative leave and retained the services of the Hughes, Fields & Stoby law firm to represent him and safeguard his interests.