Civil Procedure Outline

DPP fighting corruption

This is a response from Paula V. Llewellyn, QC, director of public prosecutions , to the Gleaner editorial of June 15, titled 'The DPP and Fighting Corruption', and The Gleaner editorial of June 17, 'The DPP in an age of transparency'.

By virtue of Section 94(5) of the Constitution of Jamaica, the powers conferred upon the director of public prosecutions (DPP) shall be vested in the director of public prosecutions to the exclusion of any other person or authority. The DPP has the power to institute, take over and discontinue criminal proceedings.

This incumbent director is on record as having indicated that I consider myself accountable to the public of Jamaica, and barring the restrictions of confidentiality which attach to some of the matters that I deal with, I am prepared, where appropriate, to be transparent and to make myself and my officers available to the media and other members of civil society to explain aspects of the operations of the office. I believe that my record, since my appointment three years ago, so far speaks for itself.

It was stated in the editorial of June 15 that 30 criminal referrals have been made to the DPP for me to determine whether there have been criminal breaches; whether, on the evidence disclosed, arrest, charge and prosecution is warranted.

First of all, the Office of the Contractor General (OCG) is always at liberty to characterise matters in any way that it may find most convenient. However, the fact that its head, Mr Greg Christie, may have a particular opinion, I say with the utmost respect, is really irrelevant to my consideration or that of the courts whether on an objective set of criteria, based on criminal law and practice and procedure whether the particular matter referred to the ODPP is a matter where the public interest would be best served by progressing it to a formal prosecution. It is recognised worldwide by prosecution services that it is not every matter referred that one will move on to prosecute; the exercise of the DPP's discretion is based on a variety of factors.

Each case must be decided on its own merit and on a matter of law.

Their Lordships held, in Leonle Marshall and the DPP, Privy Council Appeal No. 2 of 2006, that: "... where the decision not to prosecute is based on an assessment of the sufficiency of the evidence, and the prospects of securing a conviction, the court will accord great respect and weight to the judgement of experienced prosecutors". The case further states that there is no duty on a DPP to outline reasons in respect of why a matter will not progress to prosecution. It has been my practice since I took office to give reasons, where possible, in matters of exceptional public interest.

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