Judge upholds DPP decision on Gonsalves
Published on: 3/12/08.
KINGSTOWN, St Vincent High Court Judge Gertel Thom yesterday upheld the decision of Director of Public Prosecutions (DPP) Colin Williams to discontinue a charge of rape against Prime Minister Dr Ralph Gonsalves, saying she found "no arguable grounds for a review".
Justice Thom told a packed courtroom she would only read her conclusion in open court and would have her full written judgment available later on Tuesday.
Lawyers for the 36-year-old policewoman had gone to the high court seeking a review of the decision of the DPP to discontinue the private criminal case of rape and indecent assault laid against the prime minister.
Last month, Williams said the allegations were not likely to stand up in court, adding "what I have done is in the best interest of justice".
Williams said this decision was reached following a thorough examination of all the statements and evidence available in the matter.
Gonsalves said the accusations against him were politically motivated and had vowed to defend "all the conspiracies and plots against me".
Late last month, the judge heard arguments from Emery Robertson and Kay Bacchus Browne representing the policewoman, as well as from Barbadian jurist Sir Richard Cheltenham on behalf of the DPP, and Dominican senior counsel Anthony Astaphan who appeared on behalf of the Attorney-General Judith Jones Morgan.
Submissions were also made by Queen's Counsel Parnel Campbell on behalf of Chief Magistrate Sonia Young.
Astaphan had argued that the application made by the police officer was a flagrant abuse of the court and that the applicant had refused to cooperate with the DPP, but came to court and hurled accusations of bias.
He said while a hearing to determine leave doesn't warrant cost to be paid, in this case it should be, but the judge disagreed, ruling that the applicant did not act irresponsibly in submitting her application for leave to review the DPP's decision.
The lawyers representing the police officer have already indicated their intention to appeal the ruling.
"I hold a contrary view [of the judge's decision] but the judge is the judge, so for now we will have to abide by her ruling," Roberston told the Caribbean Media Corporation (CMC) after the judgment.
"Obviously we will take it further," he added.
|