Senator Ashelle Morgan, who is implicated in the April 13 shooting of Cornelius John can have no influence over police or prosecutorial authorities, Prime Minister Ralph Gonsalves said on Tuesday.
He, however, said that Assistant Director of Public Prosecution (DPP), Karim Nelson, the other person of interest in the shooting, has proceeded on vacation because of his status.
It had been known since news of the shooting broke about two weeks after it occurred that Nelson had proceeded on leave.
Gonsalves told a press conference on Tuesday that the assistant DPP took vacation leave.
“Because he is assistant DPP, he doesn’t want to be in the same space where the DPP is deciding these things. That’s fine. But Ashelle Morgan doesn’t have anything to do with an investigation, she has no control over the DPP, no influence there; she has nothing to do with the commissioner of police,” the prime minister said.
“But it’s not Ashelle they want to get at, is Ralph. Leh we understand it. Is me they want to get at,” he said, referring to persons who have called for Morgan to be sacked.
Diamond Estate resident, Cornelius John, a farmer and businessman has identified Morgan as one of three persons who came to his house uninvited on April 13 when he was shot.
John said the trio was wearing face masks, but he recognised Morgan, who grew up in the community, from her physique, gait, and voice.
The businessman said that one of the two men who accompanied Morgan shot him in his left leg after a verbal exchange.
Commissioner of Police Colin John has said that Morgan and Nelson are persons of interest in the investigation into the shooting, and police have requested caution statements from them as well as the shooting victim.
Opposition Leader Godwin Friday has called for the appointment of an independent prosecutor in the case.
But Gonsalves, who is minister of legal affairs, noted that the Constitution says that the DPP shall have power in any case in which he considers it desirable so to do (a) to institute and undertake criminal proceedings against any person before any court of law (other than a court martial) in respect of any offence alleged to have been committed by that person”.
The prime minister further noted that the constitution says that in the exercise of her powers the DPP “shall not be subject to the direction or control of any other person or authority”.
“So when the leader of the opposition says you must set up a special prosecutor to do this case, he wants to rewrite the Constitution?” Gonsalves said.
“If the DPP, let us say, seeks assistance, formally, to get some lawyer from outside to advise on a particular file –and I say formally — that advisor can’t tell her what to do,” he said and reiterated, “‘…shall not be subject to the direction or control of any other person or authority’”.
“I can’t interfere with that. I am waiting like everybody else to see the two fundamental rights played out. That is to say, presumption of innocence, and then due process — procedural fairness.
“And the commissioner has to be fair to Ashelle Morgan, he has to be fair — and the investigators under him — they have to be fair to assistant DPP Nelson and have to be fair to Cornelius John. And the DPP has to assess that in the light of the law, the evidence which comes before her, and she is guided by a prosecutorial code, which has been adopted.”
The prime minister pre-empted comments about his role in the appointment of the DPP.
“And just in case somebody say, ‘Ralph, you may say that. What about you? You appoint the DPP.’ I don’t appoint the DPP.”
The prime minister noted that the constitution says that the DPP “shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission”.
“When the constitution says advise, not consultation you know. The head of the Judicial and Legal Service Commission is the chief justice. It is the chief justice who advises the governor general, [who] says Sejilla McDowall is the person whom I consider to be appointed DPP.
“Sejilla McDowall didn’t drop out the sky,” Gonsalves said, referring to the DPP.
“She has been around. She was in the prosecutor’s office as assistant DPP; she was acting DPP. Again, it’s the chief just who has to do that. Not me.”
Why fire Morgan?
The prime minister also responded to calls for Morgan to be fired from the senate.
“And I think by now you know me long enough. You are not going to get me to do something which I don’t think is fair or right or proper and to take away people’s basic rights, fundamental rights.”
He also responded to a lawyer whom he said accused him of resorting to legalism in his response to the allegation.
“It’s a fundamental right to presumption of innocence. Is that a legalism? Is allowing the DPP to do her work a legalism? Or the commissioner of police and investigators to do their work? No,” the prime minister said.
“You may have an honest difference with me on it and we can debate it, but don’t think, don’t take the step further to think that there is some skulduggery going on, because there is no skulduggery going on. None whatsoever involving Ralph, so I want to make that absolutely clear.
“Some people may say how this or that go look. I am interested in whether something is fair and whether it is right or whether it is wrong; fair or unfair, right or wrong. And I am waiting, like everybody else,” Gonsalves said.
The Prime Minister should be treated as a witness in this matter. He should be interviewed by the Police. It’s all edged that Morgan called him sometime following the incident. This is easy to prove. Get the records. No one is above the law.
We need to know what was the nature of their conversation and the advice he gave Morgan. Did the advice constitute perverting the course of justice? Did he in anyway prevented the Police from arresting Morgan and the Deputy DPP after his conversation with her?
Why such a simple investigation is taking so long? When an investigation takes this long evidence or likely to be destroyed or tampered with (Not by the Police but by others). The Police may have lost a valuable forensic opportunity.
A Senior Police Officer should have been detailed to lead this investigation from the start because of the persons involved.
I love how Ralph is quietly intimating to throw the DPP under the bus. Deliberately he is trying to switch blame to the DPP as if the holder of that job is not beholding unto him. PM you trying every stroke in the book but people minds are already make up. This is a miscarriage of justice and you know it. Ashelle Morgan must be charged for her actions. We await the next episode in this aoedid series
Was the Senator, DPP and the 3rd unknown person visiting the victim regarding government business? Were they visiting due to a Police investigation? Were they visiting on a personal matter? Did the victim invite them? If the persons of interest where at his home, why didn’t they call for assistance after the shooting? Justified or not. We know the PM was called as he admitted it. Did he know of the shooting? Was it just coincidence that the Senator called the PM? Did the PM himself demand that assistance be provided for the injured party? I would hope the interested individuals were misidentified and were not at John’s residence as this is politically and legally very dangerous. These are the questions the media should be asking everyday since the incident.
Augustus: you are right to ask the nature of the call. Maybe it was something else. Maybe she was tasked to report back to our PM after the deed was done…?
A good name is better than silver and gold. Moral , integrity , respect cannot be bought, its earned. the disgraced bunch, very shameful
I thought the PM is also the Police Chief and the DPP. People who are in charge of offices only has the name, they got no ranks. The PM run things
In my humble opinion no one is after the Comrade.
The issue ? A government senator, a deputy director of public prosecution and another unnamed individual are alledgedly involved in a joint enterprise that appear to the contributing factors of this fiasco. A man claimed to have received threats as well as a wound to his leg.
No one is trying to get the PM.
If a person has committed a crime, an investigation is the likely outcome initially. This current situation appears to “paint” the picture that there is alledged interference in the said investigation. Whether or not this is so, time will tell.
The facts please…
Justice must be done.
If not, then time will tell for every one of us. Justice must be done.
Why is Ralph putting so my confidence on the DPP? Wasn’t it the same DPP outfit the swept his rape case allegation under the rug? One person cannot decide the outcome of this case. It must be brought before a judge. A judge that is not controlled by Ralph and the ULP.
Right now all Ralph has to do is ask Ashelle to step down and no one will mention Ralph’s name. He wants to be the center of this issue with comments like…”Is me they want to get at”. No Ralph! Fire Ashelle and that will take care of the issue and then you can shut your stupid mouth, until you are called to give evidence about the call you received after the criminal act. Nothing should be passed to the Major Criminal Unit. The Commissioner should step down also. He is the head of that unit and it’s not serving justice to the people of SVG.
I WILL SAY FOR AIDING AND ABETTING
The Jamicans say sweet meat ah hang goat. What Ashelle has so sweet to entice Karim to accompany her to the alleged crime sene? She must have a bag of sugar in order for him not to think about his future. Ah garne.
Do you have control over the DPP ? Did or did not there was a nollipros under your watch ? Will this be the same in this situation? We need answers.