STATEMENT ON BEHALF OF THE DPP

1. Further to the statement made on behalf of the Director of Public

Prosecutions (DPP) in Court on 21 August 2020, and the undertaking of
Learned Counsel appearing for the Complainant, Mr. Laurette, Counsel
submitted to the DPP evidence in documentary and electronic forms on
31 August and 07 September 2020.

2. The DPP has, in consultation with senior officers of his Office, thoroughly
considered the said evidence in the light of the charges that have been
preferred against the respective Accused parties by the Private Prosecutor.

3. The DPP has carefully considered the elements that have to be established
to prove the relevant charges to the criminal standard of proof.

4. The DPP has further been informed by the Commissioner of Police (CP)
that the police are currently carrying out an enquiry into the same matter.
Up to now, 12 people have been interviewed and the version of the
Accused is yet to be recorded. We have been informed that this exercise
has started.

5. The DPP acknowledges the constitutional guarantee of fairness that the

Accused benefits by virtue of section 10 of the Constitution and the need
to scrupulously respect same. So far, the DPP is not in presence of the
version of the Accused on the incident.

6. The DPP has further obtained the reassurance of the CP that the police
investigation will be carried out promptly and diligently, and will
encompass all issues made live by the private prosecutions.

7. The DPP has also considered the pronouncement of the Supreme Court of
England and Wales in the case of R (on the application of Gujra) (FC)

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 (Appellant) v Crown Prosecution Service (Respondent) [2012] UKSC 52
(copy filed) where it was held that the DPP was right not to allow a private
prosecution to proceed when the evidence did not pass the “reasonable
prospect of conviction” test.

8. The DPP, at this stage, and in the light of the evidence at hand, has formed
the view that there is insufficient evidence to establish the charges against
the Accused to the required standard.

9. Accordingly, by virtue of powers vested upon him by section 72(3)(c) of

the Constitution, the DPP is filing a Discontinuance of Proceedings in the
matter for the time being.

10. It is understood that the DPP will closely monitor any development in the
investigation. If the enquiry reveals the commission of any offence by the
Accused or any other person, the DPP will ensure that they are brought to
trial to answer the charges.

11. The DPP will forthwith send to the CP all material submitted to his Office
by the Complainant for any necessary action.

12. Discontinuance of Proceedings (DOP) filed.

10 September 2020

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