Director of Public Prosecutions, Colin Williams, says his office instructed that opposition senator Vynnette Frederick be arrested earlier this month.
Frederick was arrested July 11 and slapped with nine charges; hours after a magistrate threw out six charges against her.
Williams disclosed the information on Monday when he appeared as guest on a radio programme.
He said a counsel in his office had full responsibility of the matter involving the senator.
The prosecution team had prepared papers anticipating the outcome of a submission by the defence made earlier this year.
Magistrate Rickie Burnett on July 11 upheld a submission by the defence that the charges against Frederick lacked particulars.
The magistrate threw out the charges.
Williams said that if he is defending someone, and the court is about to give a judgement, he would prepare papers for the eventuality of the ruling going against his client.
“If the judgement is in your favour, you throw them (papers)aside. But if the judgement goes against you, you are ready,” Williams said.
“My understanding is that so too it was in the case of this particular case,” he said.
The DPP further explained that the prosecution was ready to submit the particulars if the magistrate so requested
“But the magistrate said, ‘You all come again then’, basically,” the DPP said in reference to the magistrate’s decision to throw out the charges.
He also responded to the suggestion by some that Frederick could have been summoned to come to court instead of being arrested, which some have described as unnecessarily humiliating.
“Fair enough. That is an argument,” the DPP said.
“But that is a decision that the point persons take — how to reinstitute these proceedings,” he, however, added.
“But it was clear, from my understanding, with respect to those persons who were present at the court house that … the amended charges which were filed, were ready to be presented to Miss Frederick the day that they returned,” the DPP said.
“… I think that the magistrate, consistent with his ruling that there were insufficient particulars, held [that] ‘It’s too late to amend, I think that you bring back your charges’.
“So, I think that there was an understanding, or knowledge or certainly an insight that the prosecution was going to relay the charges,” Williams said.
It emerged during the radio programme that the case was assigned to Assistant Director of Public Prosecution, Colin John.
The DPP said he did not want to be involved in the case because he had recently been the subject of a legal proceeding by a member of Frederick’s family and wanted to avoid accusations that he was seeking vengeance. (Full story to follow)