Prosecution not appealing magistrate’s ruling in senator’s case

The prosecution has not appealed the decision by Magistrate Rickie Burnett to throw out six charges against Sen. Vynnette Frederick on July 11.

Director of Public Prosecution, Colin Williams, told journalists on Wednesday that no appeal is underway and that the senator only faces nine charges and not 15, as some reports say.

Opposition Leader Arnhim Eustace, speaking at a New Democratic Party protest rally on Tuesday, said he was informed that persecutors have appealed the Magistrate’s decision.

He further said that he was informed that this means that there were 15 live charges against the senator.

But Williams said there was not appeal, and even if there were one, Frederick would still only be facing nine charges.

“Regardless to whether there is an appeal or not, there are only nine charges against Miss Frederick. I know I hear about Anansi maths but it’s the first time I am hearing about Arnhim maths, talking about 15 charges. If even you appeal, it is nine charges that she faces,” the DPP further said.

Asked had his office been appealing the magistrate’s decision, if that appeal and the nine charges could exist at the same time, the DPP said, “I don’t see why not.”

He said the Crown may appeal a decision for various reasons.

He pointed to the case of Jamal Grant who was convicted of possession of more than 30 pounds of illegal drugs and was fined.

The prosecution felt that the sentence was too light and appealed, while the magistrate argued that the sentence was within the established guidelines.

The Court of Appeal ruled that the convicted man should have been fined and confined, the DPP said.

But the DPP said that one is not going to go and then fine and confine the convicted man for the matter that the court has already terminated.

“All you get is a declaratory position or a recommendation… So that is what is going to happen when the Crown appeals the magistrate’s decision. All you get really is a clarification or directions, or something like that,” he said.

Frederick was arrested on July 11 and nine charges relating to false declarations, swearing falsely, and fabricating evidence were laid against.

The charges were proffered hours after a magistrate threw out six perjury charges against her.

All charges stem from the contents of affidavits that Frederick submitted as part of a private criminal complaint against Prime Minister DR. Ralph Gonsalves following the December 2010 general elections.