In March, the activist organization COLA brought criminal charges against UDP Cayo Northeast Representative Elvin Penner. Their next court date is May 29th. That's three weeks from today when the private prosecution is required to give disclosure of what evidence it has against Penner. Thing is, they don't have any! COLA and its attorney Kareem Musa launched the prosecution on a prayer in late March because if they waited any later it would be statute barred. Since then they've been trying to gather evidence from official sources: the police, the auditor general and the DPP. So far the results have been nil, while the prospects are mixed.
The Police are just flat out ignoring them; the auditor General has said "no," while the DPP Cheryl Lynn Vidal is willing to assist. And so today at a press briefing, they didn't bash the DPP, but they did heap scorn on the office of the Auditor General and the Ombudsman. The Ombudsman Lionel Arzu comes in because COLA appealed to his office to intervene when the Auditor General Dorothy Bradley turned them down – but he upheld her decision.
Musa says they asked her for her raw evidence, and she told them they couldn't have her report – two different things:
Kareem Musa
"She reports to her Auditor General's report, which she says, under the Constitution, she cannot deliver to us until she tables that in the National Assembly. We at no point – and I want to make that categorically clear – at no point did we ask the Auditor General for her report. So, she is now mixing up 2 things. What we asked for in our letter was for material and evidence gathered, something separate and apart from her report. On that basis, we appealed to the Ombudsman, because the law also provides that you can appeal to the Ombudsman of the decision of the Auditor General. We have done that, and we have gotten a response yesterday from the Ombudsman. And if I may read a portion of what he says, ‘Based on a review of the documents and information above mentioned, the Ombudsman hereby affirms the decision of the Auditor General to deny access to information requested by COLA."
Geovannie Brackett – President, COLA
"We are saddened that the Ombudsman would take such a position. It just demonstrates to us that – we know that this is a monumental task, but we believe that all those governmental entities are doing their very best to frustrate the process and to supress justice."
Kareem Musa
"If anybody at all should be entitled to those documents it is us, because this is an issue of national importance. For them to deny us is a travesty, in my opinion; it is a miscarriage of justice. For them to have possession of these documents and intentionally find reasons which are not found in this Act, find reasons not to give us those documents is a miscarriage of justice, in my opinion. I still have faith and confidence in the DPP. The DPP on Friday assured me, and I have written to her again this past Monday, referring to that assurance, that in fact, she will deliver at least –at the very least – copies of the file, which she will now seek to get back from the Commissioner of Police. So, by Friday, it is my hope that at the very least, we would be in possession of copies of the file."
Today the DPP confirmed that she, quote, "saw no basis upon which we could refuse to hand over what is in our possession." End quote. But the evidence is not in her possession, she's sent back the file to police for further refinement. Since then, at Musa's request, she, quote, "prepared a memo yesterday to send to the head national CIB on the issue and that memo will be hand delivered sometime this morning." End quote. So, now it rests with the police – who have to send the file back to the DPP. That's a definite wait and see – because we have reason to believe that police are none too eager to share their file with the private prosecutors, namely COLA.
But, even if COLA and Musa do get the case file by Friday – Musa says they are still going to ask for an adjournment:
Kareem Musa - Private Prosecutor/Attorney for COLA
"I will be asking for an adjournment. I have no problem saying that right now because these different bodies are telling us 'Wait, this thing is going to the National Assembly. You're going to get the report; just wait for it to be tabled.' So, I won't just allow this matter to be dismissed. I will have to apply for an adjournment. If it were to be dismissed; there is no opportunity to bring it back because its statute has passed. So, certainly, come May 29, I will be asking for an adjournment, and I have all the records to show that we have been seeking the case file. When you go to the Magistrate's Court, that is the most common phrase you hear every single day, 'The police is not in possession of the case file.' So why will it be any different for the private prosecution of Elvin Penner. Is he more special than anybody else? There are individuals including the Minister of Immigration. The Prime Minister has said that he has seen certain things which led him to dismiss Elvin Penner. We would want those individuals to come to court, and here is provision to subpoena those individuals under the District Courts Act to come to court and provide that evidence."
Marion Ali - Reporter Press
"Are you prepared to go that far, to subpoena the Prime Minister?"
Kareem Musa
"Absolutely, he's a key witness, man."
Email
Print