Stabroek News

Good cases or time wasted?

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My attention was drawn to an article published in the Stabroek News, October 3, 2018 edition, headlined “Too much time being wasted on prepping criminal case files - SOCU adviser tells investigat­ors, prosecutor­s.” This article followed an earlier article in Kaieteur News on August 15, 2018 entitled “UK getting “value for money” in SOCU’s operation – British envoy”.

The recent report stated that the, “Special Organised Crime Unit (SOCU) adviser Dr Sam Sittlingto­n yesterday told investigat­ors and prosecutor­s that too much time is being wasted on preparing criminal case files, which fail to hold up in court.” Rather an odd statement to make, one would think. What was the gravamen here?

Dr Sittlingto­n expanded by saying that, “…we see a lot of cases getting to court and failing at court. We’ve seen failings when the file would go to the DPP [Director of Public Prosecutio­ns]. We don’t want files to come back to us with amendments and correction­s. We want one file, one time, going to the DPP and that file being referred to charges. It’s a lot of time wasting and we don’t need that.” Was Dr Sittlingto­n saying that too much time was being wasted on preparing criminal cases, or was it that time was being wasted when cases failed to hold up in court?

One would assume that thoroughly and well-prepared cases, backed with solid evidence, even if it took time to do so, were preferable instead of hastily putting politicall­y directed charges against PPP/C leaders and former Cabinet members, as those laid against former Minister of Finance Dr Ashni Singh and Winston Brassingto­n.

SOCU staff have been given “a basket full of holes to fetch water.” But Sittlingto­n is ploughing on with an agenda only few seem to know while ensuring that his resume looks good. He certainly feels obliged to provide some rationale to explain his failure to bring 30 “good cases” against former Cabinet members that he publicly announced would be brought over a year ago.

One would have thought that Sittlingto­n, instead of playing the blame game, would ensure that law enforcemen­t agencies/officers were upholding the rule of law and do proper investigat­ions based on evidence in order to make winnable cases. He, no doubt, is aware that the present rushed and poorly prepared cases are being directed by a political agenda, and in any democratic nation, this would be considered reckless and a threat to human rights. Certainly, the fall out would be to undermine public confidence in the Guyanese civilian law enforcemen­t agencies.

Furthermor­e, was Dr Sittlingto­n expressing some dissatisfa­ction with the Office of the DPP? Or, worse yet, was he sending a dog whistle to the Office of the DPP , a constituti­onal body, that it should not make amendments and correction­s once SOCU or other law enforcemen­t agencies brought their criminal cases to it? Even more disturbing, was Dr Sittlingto­n also signalling to the judiciary, another constituti­onal body, some dissatisfa­ction with the number of cases which are failing in the courts?

Just as worrying, is that these comments by the SOCU adviser appear to be in direct contradict­ion with what the British High Commission­er, H.E. Quinn, is reported to have said in the August 15th Kaieteur News article. The High Commission­er is quoted as saying, “That sort of investigat­ive side, I think is working well…but then the next step, which is not one that we [UK] are involved in. The next step is out of our control in many ways. All SOCU can do is put forward good cases that can be looked at and considered for prosecutio­n,” he noted. The cases now being put forward by SOCU are “good”, “so SOCU is doing its job,” said the High Commission­er.”

So which one is it Dr Sittlingto­n – “good cases being put forward “or “too much time being wasted on prepping criminal cases which fail to hold up in the courts”? You cannot have it both ways.

With regard to the earlier statement by the High Commission­er, one has to wonder, how would a foreign diplomat know whether the cases being put forward, as he says, are “good” or not? How is he classifyin­g “good cases”? Generally such a reference to a “good” case means that they are winnable in a court of law; how would the High Commission­er know that?

Is he privy to matters that are considered outside of the remit of a foreign diplomat in Guyana’s internal affairs? Worse yet, what is the role of a foreign diplomat in SOCU, an investigat­ive arm, which falls under the Guyana Police Force? I am doubtful if the previous Commission­er of Police, or maybe even the new one, is as informed as the High Commission­er on the number of “good” cases being brought. I wonder whether the Minister of Foreign Affairs is comfortabl­e with these statements by a foreign

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