Hughes to challenge DPP’s decision to discontinue private charge against Crime Chief
Attorney Nigel Hughes on Friday announced that he will be challenging the decision by the Director of Prosecutions (DPP) to discontinue the private criminal charge against Head of the Criminal Investigation Department (CID), Wendell Blanhum over statements he made about Detective Sergeant Dion Bascom.
“…That decision of the Director of Public Prosecutions is going to be challenged and I believe that it is going to be subject to a long challenge all the way up to the apex court because we don’t believe that the persons who are responsible for making decisions on whether a criminal charges continue or discontinue can do so merely or without any basis whatsoever,” Hughes told a press conference at his Hadfield Street, Georgetown office.
The DPP on Thursday discontinued the charge that was filed against Blanhum by Hughes.
Stabroek News was reliably informed that the charge was discontinued in accordance with the powers conferred on the DPP under Article 187 (1) (C) of the Constitution of Guyana.
Information reaching this newspaper revealed that the DPP on Thursday dispatched a missive to the Chief Magistrate in relation to the charge.
Blanhum’s lawyers have contended that the charge was an abuse of the court’s process and is nothing more than an attempt to intimidate the Crime Chief as well as other senior officers who are expected to testify in the matters against Bascom.
However, during Friday’s press conference, Hughes said he and his client is unaware on what basis the charge withdrawn by the DPP.
“…..We are unaware of any basis upon which the DPP could probably have acted…. In this case where she has not seen the evidence, where she has not requested the evidence, where no attempt has been made to find out from eyewitness to Bascom or his legal representatives on what basis those charges were filed and simply to withdraw them,” Hughes told reporters.
As a matter of fact, Hughes said, he believes that the DPP was “a little overenthusiastic” in her judgment. “We respectfully believe that the DPP perhaps was a little overenthusiastic by rushing to judgment in withdrawing a charge where she was unaware of the evidence,” he said.
Since the filing of the charges, Hughes explained that there was no communication from the DPP in relation to any evidence they may have about the charge filed against
Blanhum. “No request was made for the statements, no request was made for the basis on which we filed the charge and we have read in the press because we have not seen the letter to the Chief Magistrate that the DPP has withdrawn those
charges,” he said.
Unprecedented
Hughes deemed the development as unusual. “This is a most unusual development. Perhaps, unprecedented. The Director of Public Prosecutions has the power to withdraw charges but her constitutional power is premised [on] the fact that she would act reasonably and that she would not act viciously and that there would be a legal basis and foundation for her actions,” he explained.
The charge was filed against Blanhum on Wednesday.
Stabroek News was informed that the charge stemmed from statements Blanhum made at a press conference which was held at the Commissioner of Police’s Conference Room, Eve Leary, Georgetown on August 17.
During the press conference, Blanhum had described allegations levelled by Bascom as “malicious and untrue”. Blanhum had told reporters: “The Guyana Police Force wishes to submit that Mr Bascom is not being honest and he is manufacturing false or concocted information out of malice against members of the Guyana Police Force and it all stemmed from his arrest and detention by CANU investigators”.
Bascom went public on August 11 with bombshell allegations, including claims that there was a cover-up of the 2021 murder of Ricardo Fagundes to protect a businessman
and that a large bribe had been paid.
He had subsequently been threatened with a lawsuit for statements made about Deputy Head of the Guyana Police Force’s Major Crimes Unit, Superintendent of Police Mitchell Caesar about covering up the Fagundes murder. He was also sued by businessman Azruddin Mohamed for $200 million over statements made about him in connection with the case.
The allegations had prompted the Government to ask the Regional Security Service (RSS) to review the allegations made by Bascom.
The Ministry of Home Affairs has since said the RSS report found that no evidence of corrupt practices or an attempt to cover up Fagundes’ case were discovered. Hughes has taken issue with the findings, while pointing out that Bascom was never interviewed by RSS personnel during their review of the Fagundes investigation.