PORT OF SPAIN, Trinidad (CMC):
The Appeal Court in Trinidad and Tobago has said the Director of Public Prosecutions (DPP) is under no obligation to obey any instruction or direction from the Attorney General. The court made that ruling as it gave reasons for dismissing an appeal filed by the DPP regarding the acquittal of two persons on murder charges last month.
"The DPP is under no obligation to obey any instruction or direction from the Attorney-General," the five-member Appeal Court headed by acting Chief Justice Roger Hamel Smith said in the written ruling Tuesday.
Director of Public Prosecutions Geoffrey Henderson was quoted in the local media yesterday as saying that the ruling "is important in that it emphasises the independence of the office of the DPP, as an independent office insulated from political directions."
The DPP had filed an appeal against the acquittal of Seeromani Maraj-Naraynsingh and businessman Elton Ramasir, who had been charged with murdering Dr. Chandra Naraynsingh, the second wife of prominent vascular surgeon Professor Vijay Naraynsingh in 1994.
Professor Naransingh, his third wife, Seeromani and Ramasir had been charged in 2004 with the killing, but only his third wife and the businessman were ordered to stand trial and in a controversial move, trial judge Herbert Volney asked the jurors if they wanted to stop the case after the prosecution had called its last witness.
The DPP appealed the judge's action and the Attorney-General referred certain questions to the Appeal Court including whether judges had jurisdiction to invite a jury to stop a case.
The five-member Appeal Court last month dismissed the DPP's appeal and in its written judgement delivered on Tuesday said it found that the law only permitted the DPP to appeal cases where the judge directed the jury to acquit the accused or where the judge withdrew the case from the jury.