Disclose or Else

COMPLAINANTS HAVE FAILED  TO DISCLOSE IN THE NAME OF JUSTICE



Disclosure has been on the minds of Dominicans over the last few days since the attorneys representing PM Skerrit and his co-defendants have legally attempted to request from the Complainants in the treating matter to disclose information in their possession by a set date. In an exclusive interview with a local media house, the acting DPP also made the news by stating,

“the office of the Director of Public Prosecutions has always acted independently and in the interest of justice. Everything that is done by the DPP is for the furtherance of justice and this was the sole reason for the request of disclosure in the Treating matter….I am simply operating within the confines of the law by making such a request [for disclosure]. I must also add, that in criminal matters, litigation is not done via ambush, you have to disclose, so the parties in any matter have a right to request disclosure.”   

The story has been widely circulated on social media but the comments are mainly along partisan political lines. DLP supporters led by SC Astaphan are in support of the DPP’s treat of call for disclosure, while some supporters of UWP condemn the statement of the DPP and are critical of it, even suggesting that the acting DPP must not be trusted as her independence has been severely compromised.

 However, the acting DPP is right to request disclosure. 

Disclosure is the practice where the prosecution reveals/discloses to the defendant material on which the case against him or her is based. This is a critical element of natural justice, constitutional and human rights, and fairness within any criminal trial

Therefore, the complainants re warned to provide the evidence they purport to have.

The case is expected to start on 13th May 2021, let the complainants provide the facts they hope to manufacture so that the matter can be thrown out and cost applied to them.

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