Ministry Circular. No. PS: 141. Date:

Transcription

1 Submitted pursuant To Public Service Ministry Circular No. PS: 141 Date:

2 CO-OPERATIVE REPUBLIC OF GUYANA ANNUAL REPORT-2007 CHAMBERS OF THE DIRECTOR OF PUBLIC PROSECUTIONS TABLE OF CONTENTS 1.0 Background Information 2.0 Mission Statement 3.0 Role of the Chambers 4.0 Description of Sections of the Chambers and Update of Staffing 4.1 The Legal Section 4.2 The Support Section 5.0 Organization and Management 5.1 Organizational Chart 5.2 Legal Staff Structure 6.0 Summary and Review of Current Year s Programme 6.1 Indictments presented and tried in the High Court of Demerara for Indictments outstanding for Demerara as at October Indictments presented and tried in the High Court of Berbice for Indictment outstanding for Berbice as at October Indictments presented and tried in the High Court of Essequibo for Indictments outstanding for Essequibo as at October Appeals heard by the Court of Appeal in Appeals heard by the Full Court in Police files that came in Finance

3 Chambers of the Director of Public Prosecutions 1.0 Background Information According to Articles 203 and 199 of the Constitution of Guyana as amended by the Constitution (Amendment) (No. 4) Act 2001 assented to by the President on the 7 th August 2001 the Director of Public Prosecutions is appointed by the Judicial Service Commission. And according to Act 199 the Deputy Director of Public Prosecutions is also appointed by the Judicial Service Commission. All other staff of the Director of Public Prosecutions Chambers both legal and non legal are appointed so far by the Public Service Commission. Under the Constitution, the Director of Public Prosecutions is empowered:- (a) To institute and undertake criminal proceedings against any person before any court, other than a court - martial, in respect of any offence against the laws of Guyana; (b) To take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and; (c) To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other person or authority. The Director of Public Prosecutions and other Counsel in the Chambers advise the Police on most of their cases at different stages of the investigation and prosecution of charges. Advice is also given to other governmental organizations such as the Customs Anti-Narcotic Unit, Guyana National Bureau of Standards, Ministry of Labour, and the National Insurance Scheme. The Food & Drugs Department and Overseer s from the NDC s also seek advice from time to time. Advice used to be given to the Guyana Revenue Authority and the Guyana Energy Agency. However, since 2005 these entities have stopped seeking legal advice of the Director of Public Prosecutions. Additionally, the Director regularly makes available to the Police, Attorneysat-Law to prosecute or otherwise appear in cases instituted by the Police whenever it is considered desirable that the Police should be professionally represented. Attorneys-at-law appear for the state in criminal trials in the High Court in the Criminal Assizes.

4 There are usually several criminal courts sitting simultaneously in all three (3) Counties. Counsel from the Chambers also appears in the Full Court in appeals in Summary matters and in the Court of Appeal in Indictable matters. Additionally Counsel appear in the High court in applications for bail. Members of the public from all parts of the country regularly write the Director or come into the Chambers in relation to matters pertaining to the administration of the Criminal Justice System. Each complaint or observation is addressed and this has served to assist the Director in the performance of her functions under the Constitution. The Director of Public Prosecutions prefers indictments in the High Court in Demerara, Berbice and Essequibo and during the Criminal Sessions has one or more Attorneys-at-Law prosecuting in each of the Courts. The Chambers have operated relatively smoothly and effectively during the year 2008 despite a shortage of legal staff. This shortage puts a strain on the members of the staff and is hampering effective prosecutions of matters particularly in the Magistrate s Court. However the Chambers would like to emphasize that there is an urgent need for a review of the staff structure to have in effect an increase in the number of lawyers in order to cope effectively with the new and emerging criminal offences and increase in the volume of work which has to be done in a timely manner. Last year application was made for the creation and filling of the post of Receptionist. Approval was granted. Owing to the layout of the building and the limited staff this position was required both as a semi-security measure as well as for the smooth running of the office. The creation of this position is of assistance to the smooth functioning of the Chambers... SHALIMAR ALI-HACK Director of Public Prosecutions

5 2.0 Mission Statement The Chambers of the Director of Public Prosecutions is engaged in the instituting and undertaking of criminal proceedings other than courts-martial, and the taking over and continuing of criminal proceedings instituted by the Police or any other entity whenever it is expedient and in the interests of justice to do so. The Chambers also gives legal advice to the Police, other law enforcement entities as well as other entities in certain complex, serious criminal matters. The Chambers of the Director of Public Prosecutions seeks to ensure that no citizen is unjustifiably charged and prosecuted and that those whose acts or omissions justify the institution of criminal proceedings are prosecuted accordingly.

6 3.0 Role of the Chambers The Chambers of the Director of Public Prosecutions continues to play a vital role in the administration of justice in criminal matters. It is the authority vested with the power and responsibility of exercising control over the prosecutions of all criminal matters except the institution of courts-martial. The Chambers therefore provides professional advice to and representation for all law enforcement and other agencies in relation to the prosecution of criminal cases. The Chambers seeks to ensure that no citizen is unjustifiably charged and prosecuted and that those whose acts or omissions justify the institution of criminal proceedings are charged and prosecuted under the relevant provisions of the law. It also tries to ensure that all persons charged are given a fair hearing within a reasonable time. 4.0 Description of Sections of the Chambers and Update of Staffing The Chambers comprise the following sections:- 4.1 The Legal Section The professional staff at the Chambers of the Director of Public Prosecutions comprises of the Director, At present there is one Assistant Director of Public Prosecutions and two Senior State Counsel. In 2007 there was one Assistant Director of Public Prosecutions and recommendation was made to the Public Service Commission for a Senior State Counsel to be appointed as the other Assistant Director of Public Prosecutions and for a State Counsel to be appointed as Senior State Counsel. Ms Shalimar Ali-Hack by letter dated March 16, 2005 was appointed by the Judicial Service Commission to act as the Director of Public Prosecutions, with effect from December 31, 2004, she still continued in this position. Ms. Jo-Ann Barlow was appointed by the Public Service Commission as Assistant Director of Public Prosecutions with effect from the 7 th July, Ms. Jo-Ann Barlow continued in this position. Ms. Candace Raphael who was appointed as Senior State Counsel with effect from August 1, 2003 continued in this position. Recommendation was made for her to be appointed to the other vacant post of Assistant Director of Public Prosecutions. To date the Public Service Commission has not appointed the Senior State Counsel as an Assistant Director of Public Prosecutions.

7 During the course of the year 2007 the Chambers saw the resignation of Ms. Nadine Singh which took effect on the 4 th June, Ms. Singh began at the Chambers on the 27 th October, In September we parted with another State Counsel, Ms. Donelle Harding who left for the Guyana Energy Agency. Her resignation took effect from the 28 th September, Ms. Nayasha Williams and Ms. Sherdel Isaacs were both appointed to act as Magistrates and transferred with effect from the 5 th February, There were a number of other State Counsel who tendered their resignation; however their resignation dates took effect in the year With the loss of our more experienced State Counsel we managed to recruit a number of newly appointed members to the Bar. Ms. Nandine Ramkumar, Ms. Kara Duff, Ms. Fabayo Azore, Mr. Ganesh Hira were all respectively appointed as State Counsel by the Public Service Commissions with effect from: 2 nd July, 2007, 6 th August, 2007, 17 th September, 2007, 31 st October, 2007 respectively. Ms. Sonia Joseph who holds two (2) Masters of Laws Degrees joined the Chambers as a Senior State Counsel with effect from 6 th August, Ms. Dionne McCammon who was a legal staff at the Ministry of Foreign Affairs was transferred as a State Counsel with effect from 10 th December, The Support Staff Section To add support to the Legal Staff there were the Administrative Officer, one Legal Assistant, an Acting Accountant, an Accounts Clerk 11, two Typist Clerk 11, a Librarian, one Office Assistant and one Cleaner. Ms. Bibi Ayesha Baksh has retained her position as the Administrative Officer since joining the Chambers on the 1 st August, Ms. Shonette Tross the Legal Assistant left the Chambers when her contract expired on the 13 th September, She became a member of the Chambers in After the departure of Ms. Tross the Chambers recruited Ms. Ashme Singh as the Legal Assistant with effect from the 2nd August, The other position of Legal Assistant is yet to be filled. The post of Librarian was created and filled by Ms. Candace Persaud with effect from the 21 st May, Mr. Imran Sattaur, the Accounts Clerk tendered his resignation with effect from the 1 st January, He was later replaced by Ms. Merlyne Lall on the 29 th May, Ms. Rochelle Gill, the Accountant (ag) joined on the 1 st May, 2006 and continued in this position. The other staff continued in their respective positions. After the retirement of the Assistant Secretary (G) Mr. Ian Spencer and the Confidential Secretary Ms. Esme Emanuel on the 1 st March, 2006 and the 1 st May, 2006 respectively their positions have remained vacant to date. Ms Deborah Wilson and Ms. Tenny Mc Calmon are both holding the position of Typist Clerk 11.

8 Ms Deborah Williams, Office Assistant, and Ms. Lydia Bishop, the Cleaner, continued in their respective capacity since joining on September 25, 1995 and May 6, 1996 respectively.

9 5.0 Organization and Management 5.1 Organizational Chart DIRECTOR DEPUTY DIRECTOR ASSISTANT DIRECTOR LEGAL ASSISTANT ADMINISTRATIVE OFFICER ASSISTANT SECRETARY (G) SENIOR STATE COUNSEL LIBRARIAN CONFIDENTIAL SECRETARY ACCOUNTANT STATE COUNSEL TYPIST CLERKS ACCOUNTS CLERK 11 RECEPTIONIST OFFICE ASSISTANT CLEANER

10 5.2 Legal Section DIIRECTOR OF PUBLIC PROSECUTIONS DEPUTY DIIRECTOR OF PUBLIC PROSECUTIONS ASSISTANT DIIRECTOR OF PUBLIC PROSECUTIONS ASSISTANT DIIRECTOR OF PUBLIC PROSECUTIONS SENIOR SENIOR SENIOR

11 6.0 Summary and Review of the Year s Programme. Demerara 6.1 Indictments Presented and Tried in the High Court of Demerara for Offence Presented Convicted Acquitted Nolle Prosequi Rape Murder Manslaughter Robbery Under Arms Unlawful Wounding Buggery Carnal Knowledge Causing Grievous Bodily Harm Attempt Murder Child Stealing Felonious Wounding Indictments outstanding for Demerara as at October Offence No. of Indictments Murder 12 Manslaughter 16 Rape 24 Causing grievous bodily harm with intent to murder 3 Throwing destructive substance with intent 1 Throwing noxious substance with intent 1 Wounding with intent to murder 1 Attempt to murder 1 Felonious wounding 1

12 Indecent assault 1 Carnal knowledge of a girl under twelve (12) 9 Carnal knowledge of a girl between 12 and 13 2 Buggery 4 Arson 1 Discharging loaded firearm with intent 1 Break & enter & Larceny 1 Robbery under arms 3 Uttering forged Power of Attorney 1 Possession of firearm without license 1 Conspiracy to defraud 1 Possession for the purpose of trafficking 1 Trafficking in Narcotics 2 Causing death by dangerous driving 3 Child stealing 1 BERBICE 6.3 Indictments Presented and Tried in the High Court for Berbice in Offence Presented Convicted Acquitted Nolle Prosequi Rape Buggery Carnal Knowledge Wounding with intent Incest Possession of Firearm without Licence Murder Abduction Robbery Under Arms Causing Grievous Bodily Harm With Intent Manslaughter 1-1 -

13 6.4 Indictments outstanding for Berbice as at October Offence No. of Indictments Murder 3 Manslaughter 5 Attempt to commit rape 1 Rape 1 Incest 1 Carnal knowledge of a girl between 12 and 13 1 Carnal knowledge of a girl under 15 1 Causing grievous bodily harm 1 Possession of firearm without license 1 Falsification of Accounts 1 ESSEQUIBO 6.5 Indictments Presented and Tried in the High Court for Essequibo in Offence Presented Convicted Acquitted Nolle Prosequ Murder Indictments outstanding for Essequibo as at October Offence No. of Indictments Murder 2 Manslaughter 2 Attempt murder 1 Rape 2 Indecent Assault 1

14 6.7 Appeals heard by the Court of Appeal in OFFENCE AMOUNT Murder 2 Felonious wounding 1 Embezzlement 1 Carnally knowing girl between 12 & 13 years Appeals heard by the Full Court in OFFENCE AMOUNT Trafficking in Narcotics 1 Assault causing actual bodily harm 1 Possession of Narcotics 1 Possession of firearm and ammunition without licence Police Files that came in 2007 for Legal Advice. Two thousand, four hundred and sixty (2,460) files came into the Chambers in the year 2007.The files were spread over the year as follows: January 212 February 179 March 219 April 192 May 202 June 231 July 228 August 284 September 188 October 184 November 178 December 163

15 6.10 Finance The Budget proposals for the year 2007were prepared in accordance with the estimated financial needs of the Chambers. They mainly provided for wages and salaries, traveling, telephone, rent, office equipment and other services purchased. The following items were purchased from under Capital Account: 1. Water pump 2. Four (4) Dell Desktop Computer 3. One (1) 4 Draw Metal Filing Cabinet 4. Two (2) Ceiling Fans 5. Three (3) Executive Chairs 6. Three (3)Commercial Carpets 7. One (1) Television Stand 8. One (1) 3 feet Book Shelf 9. One (1) Coffee Table 10. Two (2) Wooden Writing Desk 11. One (1) Computer Desk 12. Two (2) Printer