PART I of these comments focussed on the issues arising from the Prime Minister’s statement of August 20, 2013 and pointed out that neither the holding of inquests nor the commissioning of the IMPACS report has led to resolution of the allegations of extra-judicial killings by the police. We noted the unexpected early retirement of the former Commissioner of Police in circumstances that lead to further speculation, and the difficulties, both encountered and envisaged, in appointing a new Commissioner.
Now, however, we are confronted with the press release by the US Embassy of January13, 2016 formally presenting the US Government’s concerns that there has been no progress towards criminal prosecution since the release of the IMPACS report. This was followed a day later by a meeting of a delegation from the European Union with the Prime Minister at which resolution of the matters raised in this report was discussed. Following this meeting with the Prime Minister, the representatives of the EU held a press conference which was revealing.
In response to journalists’ questions on the events leading to the intiation of the IMPACS report, and questions on its contents, the reply by the EU in effect was that, now that the report had been issued, due process must be followed. And with respect to due process, the EU repeatedly made the point that the allegations contained in that report must now be investigated.
The EU also makes it clear that it is now, and has been willing in the past, to provide assistance with respect to what they consider to be a necessary investigation of the allegations contained in the IMPACS report. There is as well the US government’s re-confirmation of its offer of assistance to our government which is contained in their Embassy press release of January 13, 2016.
Incredible, but true. Following a six month investigation into allegations of extra-judicial killings commissioned by Government and undertaken by a team of eight highly trained investigators, and nearly a year following the release of their report, Government is now required to undertake an investigation into the allegations contained in that report. We have to investigate the report of the investigation.
There is an even more worrying aspect to this IMPACS story though, as somehow, an investigation into criminal activity was delivered not to the DPP’s office, but to the Cabinet of Ministers. Why? How are we to know that even if not now, at no other time will a Cabinet minister be implicated in such an investigation?
Further, the idependence of the DPP’s office conferred by the Constitution of the country means just what it says. That office is to be independent and not reliant on anyone for the discharge of its functions, but the line of communication established between the IMPACS investigators and the Cabinet implies that access to those investigators by the DPP would be through the Cabinet. This cannot be appropriate.
There is more however. The Constitution of St. Lucia requires the appointment of an Attorney General and provides for the Attorney General to be a member of Cabinet. The Constitution also informs us that the Attorney General “shall be the principal legal adviser to the Government”. As we have been told that the IMPACS report was circulated among Cabinet members, what then was the Attorney General’s advice as regards this report which we are now told amounts to nothing more than hearsay, its contents requiring further investigation?
Meanwhile, on January 15, 2016, one day after the holding of that press conference by the EU delegation, the Prime Minister issued a press release in part suggesting that the statement by the US Embassy would better help the Police understand the US Government’s position on this matter. What role do the Police have in this investigation, and why do they need to better understand the US position? As far as we are aware, the Police are the ones being investigated.
Again the Prime Minister’s press release of January 15, 2016 points a finger at the DPP’s office, indicating that the Executive’s role was fulfilled on presentation of the IMPACS report to the DPP. We are also told that appointments to the vacant position of Deputy DPP and the soon to be vacant post of DPP were the responsibility of the Judicial and Legal Services Commission and that Cabinet had no further role in the matter of their appointment. That statement further emphasises that “The Office of the DPP must, when properly constituted, be true to its mandate and prosecute this matter at its earliest”.
Well, if there is nothing further that the Executive can do and we must await the proper constitution of the DPP’s office, just what assurances did the Prime Minister give to the EU delegation who plan on returning to St. Lucia at the end of March or early in April so as to assess our progress? Can those vacancies in the DPP’s office be advertised and filled within two months? And if, as we are told, the DPP’s office does not have the power of investigation, after those offfices are filled, who then is to undertake the investigations into the IMPACS report which are apparently now necessary?
We are truly stuck in the mud, and there is seemingly no end to this in sight. Fortunately however, our Constitution provides a mechanism which can lead to the resolution of this impasse. Section 72 (3) of the Constitution has this to say:
“At any time when the office of Attorney-General is a public office the same person may, if qualified, be appointed to hold or act in the office of Attorney-General and the office of Director of Public Prosecutions.”
There is no need for further delay. The Prime Minister should immediately request that the Legal and Judicial Services consider the appointment of the Attorney General to act in the office of Director of Public Prosecutions, and upon such appointment, the now Acting Director of Public Prosecutions must proceed forthwith to prosecute the IMPACS matter. Failing this, the Prime Minister must immediately formally seek the assistance offered to St. Lucia by the US and the EU and commence investigation of the allegations contained in the IMPACS report.
We’ve been dragged through this for far too long, we’ve damaged enough of our own people with this brinksmanship, and as the Prime Minister states in his press release “The country really needs to bring this to closure”.