DPP on Criminal Investigations

Director of Public Prosecutions Victoria Charles-Clark states that her office does not conduct Investigations into alleged criminal offences.
Under our legal system which is based on the English common law system there are three arms of law enforcement namely:
1. The Investigative arm
2. The prosecutorial arm and
3. The judicial arm
The investigative arm comprise the police, customs and other government agencies, as well as commissions of enquiry set up for the purpose of investigating specific matters.
Under the Criminal Code and the Police Act the police are responsible for carrying out investigations into any matter where a crime has been committed or where there are reasonable grounds for suspecting that an offence has been committed. They also have the power to make arrest and to lay charges. Customs law enforcers also have similar powers under the Customs Act.
The Director of Public Prosecutions has overall conduct of the prosecution of all criminal cases in the State of St. Lucia. Under the Constitution the Director of Public Prosecutions shall have power in any case which (he/she) considers it desirable to do so.
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.
b) To take over and continue any such criminal proceedings that have been instituted or undertaken by himself or any other person or authority.
Section (6) states that:
“In the exercise of the powers vested in (him/her) by subsection (2) of this section and section 46 of the Constitution the Director of Public Prosecutions shall not be subject to the direction or control of any person or authority.”
The role of the Director of Public Prosecutions is primarily to conduct the prosecution of cases where charges have been laid by the police or other law enforcement agencies. The Director of Public Prosecutions normally acts on the results of an investigation conducted by the police, by advising the police whether or not to lay a charge.

However at any state of their investigation the police or other law enforcement agencies may seek the advice of the Director of Public Prosecutions or the Director of Public Prosecutions may direct them as to what evidence they need in relation to the charge that may be laid.
Police officers and other investigating agencies of law enforcement are specifically trained to conduct investigations. These investigating officials must conform to rules of procedure and evidence in conducting their investigation and laying charges.
Under our legal system the Director of Public Prosecutions is a minister of Justice who must weigh all the evidence gathered from an investigation and determine whether there is sufficient evidence upon which to lay a charge and whether it is in interest of justice to commence a prosecution.
Therefore the Director of Public Prosecutions cannot enter into the field of investigation and actively look for or gather evidence for the purposes of laying a charge and commencing a prosecution. That is not the role of the Director of Public Prosecutions unlike the US District Attorney in the USA who actively commences investigations into criminal activities in order to obtain sufficient evidence to bring a matter before a Grand Jury so that a charge can be laid. In St. Lucia that role is performed by the police or other investigating agents whom the DPP advises during their investigations.
Investigations against Ministers of Government Richard Frederick and Minister Edmund Estephane are not being conducted by the Office of the Director of Public Prosecutions. It is public knowledge that minister Richard Frederick was being investigated by the Customs Department for alleged contraventions of the Customs Act. It is the Comptroller of Customs who is in charge of this investigation and he is the one who may be called upon to report on the status of this investigation. No completed investigation file has been submitted to my office in this matter. The police and other law enforcement agents who are authorized to do so, have the power to arrest anyone whom they have reasonable grounds to suspect may have committed an offence and subsequently lay a charge against that person. The Director of Public prosecutions will commence a prosecution only where there is sufficient evidence that someone has committed an offence and there is a strong likelihood that the prosecution will succeed. Finally the Director of Public Prosecutions is not aware of any pending investigation or criminal charge against Minister Edmund Estaphane which requires any action by her department.