The office of the Director of Public Prosecutions says it welcomes the decision of the Judicial Committee of the Privy Council to refuse leave to Vynnette Frederick and others to appeal against the decision of the Director of Public Prosecutions and the Chief Magistrate either to take over and discontinue or refuse to sign private criminal complaints which were made by Frederick and others.
Last Monday, Nov. 4, solicitors in London, England, representing the Director of Public Prosecutions and the Chief Magistrate were informed that the application by Frederick and other for leave to appeal to the Privy Council was refused by the Law Lords.
“We have been notified by the court that the application for permission to appeal has been refused on the ground that the application did not raise an arguable point of law of general public importance,” the correspondence from Charles Russel LLP, solicitors in London stated.
Previously, both the High Court and the Eastern Caribbean Court of Appeal had ruled against the appellants in relation to the matters being taken over and discontinued.
“As Director of Public Prosecutions, I believe that what can be termed the summary dismissal of the application for leave to appeal by their Lordships of the Privy Council is a reaffirmation that the original decision was correct and an implicit approval of the full code test detailed in the Code for Prosecutors,” DPP Colin Williams said in a statement.
“The Full Code Test requires all matters to be subject to first an evidential test and then a public interest before any prosecution is proceeded with. It is the test that was applied in taking over and discontinuing the private criminal complaints laid by Linton Lewis, Nigel Stephenson and Marva Chance,” he further said.
“The Full Code Test will continue to be applied to all matters and cases where the threshold is not met will not be allowed to proceed,” the DPP said in the statement.
In the wake of the December 2010 general elections Frederick and other members or supporters of the opposition New Democratic Party brought private criminal complaints against leading member of the ruling Unity Labour Party.
The DPP took over and discontinued most of the complaints, triggering legal battles that ended in the Privy Council decision.
When will Ms Frederick and the NDP hear some good news for once? Nothing has gone well for the NDP…WELL SINCE, THE ILLUSORY VICTORY IN THE REFERENDUM..IT HAS BEEN DOWN HILL EVER SINCE.
Are there more troubling news ahead for the NDP or is there a silver lining on the horizon? I can’t say for sure, but we know Ms Frederick will be back in courts this week, I think…the NDP can only hope that those charges get kicked out…not holding my breath. What is out there in the coming weeks and months for the NDP to grab onto to give them a jolt of positive energy? What about the case with Mr Eustace and his secretary? Can a particular outcome diminish or bolster Mr Eustace’s image? What about the St Kitts and Nevis No confidence motion? A court decision is due sometime in December, and we know Mr Eustace came out strongly in favor of the No confidence motion, will a decision,one most likely in favor of the No confidence motion, have any impact on Mr Eustace’s leadership credentials? Or is it a case where the NDP has to wait for the ULP to throw them a bone in the form of a juicy scandal…like a rape allegation or some form of blatant stonewall corruption?…Is the NDP gwine just hold scully by the tail and wait for the elections? By the way, an election that will not be coming anytime soon. Its rough out here for an Opposition.
Good luck to Ms Frederick…lawd knows the NDP need some good news at this moment. According to Wikipedia,”Perception is everything (in politics) or Perception is reality (in politics) means that what the public perceives to be true is important, not if something is actually true”…listening to talk radio and the man on the street….and the much discussed recent Peter Wickham “POLLING”, things not looking good for the NDP. One gets the sense that all is not right within the NDP…and that may all be just perception…but…
Interesting end to this contentious matter. The decision of the British Law Lords in keeping with that of the Eastern Caribbean Court of Appeal lends credibility to the legal luminaries of the sub Region and begs the question: why did they not take the matter to the CCJ plus for the CCJ?
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