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Paul Lismore

[Paul Lismore] Is the DPP now a master chef ?


Rédigé par Paul Lismore le Vendredi 2 Septembre 2022



Let me first of all remind you of the Constitutional powers that the DPP holds:

Section 72(3) of our Constitution states that " (3) The Director of Public Prosecutions shall have power in any case in which he considersit desirable so to do –(a) to institute and undertake criminal proceedings before any court of law (not being acourt established by a disciplinary law);
(b) to take over and continue any such criminal proceedings that may have been institutedby any other person or authority; and Section (6) In the exercise of the powers conferred upon him by this section, the Director of PublicProsecutions shall not be subject to the direction or control of any other person or authority."

Now that you have digested the above essential elements of his constitutional powers, let me remind you of some facts:

1/ How come ALL private prosecutions against either the Prime Minister or one of his ministers have been abandoned without any explanation whatsoever by the DPP? Why does he stubbornly refuse to exercise his authority under Section 72(3)(b) to "take over and continue any such criminal proceedings"?   
2/ All the numerous cases of corruption, theft of public money,  the cynical and immoral exploitation of Covid in order to extort billions of rupees from the taxpayer, the incredible and criminal incompetence over Wakasho, Angus Road, and a long list of outrageous scandals:

How come the DPP has never once exercised his powers under Section 72(3)(a) of our Constitution and initiated even one single action to " to institute and undertake criminal proceedings before any court of law"? Where we all see and smell the stench of corruption, does the DPP smell only the fragrance of his Master Chef activities?

Of course I am well aware that unfortunately ICAC has the exclusivity under the POCA to enquire in cases of corruption and money laundering. And it is only when the enquiry is over that ICAC sends the file to DPP for possible prosecution. But why does the DPP never say anything about the fact that the chuttur ka mou in charge of ICAC takes years to "etidier dossier la", et apre ene ferfoute pa arive, esp if the case involves nou bann? He is in severe danger of seeing his silence misconstrued as collusion by many...

3/ Why does he keep quiet when clear cases of abuse of the law by the authorities take place on a daily basis? In what universe do 53 grams of Sintetik lead to prosecution for trafficking? Why can't he, as the leading and sole prosecuting authority, tell the police and the gullible magistrate that 53 grams fall way below the level to be considered as "trafficking"? Or is he happy that the fake "trafficking" charge means that release on bail will be very difficult for the accused?

4/ He instituted a judicial inquiry into Kistnen's sad demise. How come, after the magistrate chairing that inquiry had clearly indicated that it was not suicide but murder most foul, the DPP simply left it to the police to "act" on the findings of the judicial inquiry? And when the police did nothing, so did the DPP!
In the light of the above, can we be really confident that Section 72(6) of our constitution is still valid in our moribund democracy, that " In the exercise of the powers conferred upon him by this section, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority."

Some are saying that the threats of legal action in 2015 of some possible "conflict of interest" in the rent to be charged on his bungalows by the seaside have tied him up in knots, and he now does as he is told...I don't believe that. I prefer to think that the new Master Chef qualities he has acquired means that he spends too much time finding the right combination of spices for his kitchen... As you know, we must "respect all our institutions"..

Vendredi 2 Septembre 2022


1.Posté par Yaasin Sir Gaetan le 03/09/2022 22:17
Please write about the accident in which her drunk daughter was involved and nothing happened since then. Were journalists paid not to write about this? Why did the police do nothing about this serious infraction?

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