Director of Public Prosecutions Victoria Charles-Clarke
The Director of Public Prosecutions Mrs Victoria Charles-Clarke is expressing concern over the high number of criminal cases in which persons are indicating that they do not wish to proceed with the prosecution.
Particular concern is expressed in cases of sexual abuse involving minors in which the parents or guardians of the victims have been calling at the Office of the Director of Public Prosecutions indicating that they no longer wish to continue with the prosecution of these cases. Mrs Victoria Charles-Clarke wishes to inform the public that her office will not be entertaining requests for discontinuance of cases by persons who have no authority or legitimate reason for doing so.
The Director of Public Prosecutions wishes to indicate that all criminal charges brought by the police are crimes against the State. Therefore when a complaint is made and the police, who are the law enforcement agencies responsible for investigating reports of crime commence an investigation, and lay a charge, only the Director of Public Prosecutions or her delegate is authorized under the law to discontinue or withdraw the prosecution of that offence. Criminal cases cannot be discontinued for personal reasons or at the whim and fancy of individuals who make complaints to the police.
It is an offence under Section 371 of the Criminal Code of Saint Lucia 2004 for any person to enter into any agreement to forbear to prosecute or give evidence against another person on a criminal charge in consideration for money or any other valuable thing or advantage to him or another person or on account of compassion or fear of bodily injury. This constitutes the offence of compounding crime and carries a penalty of 10 years imprisonment for Indictable cases and two (2) years imprisonment for Summary offences.
Section 373 of the Criminal Code 2004 stipulates a penalty of 15 years imprisonment for persons who compound any crime involving a child who has been abused in any way.
There are limited special circumstances under which the Director of Public Prosecutions will discontinue the prosecution of a criminal case especially if the victim is a minor. These include factors such as the physical, mental or psychological health of the victim, which is likely to affect his/her ability to give evidence.
The lack of interest by the parent or guardian of the victim in proceeding with the case is not a reason for discontinuing a criminal prosecution. The State has a responsibility to protect vulnerable persons which include children or minors, and adults who make representations to discontinue cases involving minors under their care will be investigated to determine the real reasons for these requests. If it is discovered that they have entered into any agreement or accepted money or any other valuable to forbear the prosecution of a case, then they will be prosecuted under Section 371, 372 or 373 of the Criminal Code of Saint Lucia 2004.
—-Crown Prosecution Service, Ministry of Legal Affairs
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Yes!! It was about time, too many times our greed for a couple of thousand dollars stand in our way of sending these jerks where they belong, especially we mothers (accomplices) we prefer men and money and couldn’t care less about the life and betterment of our children. This is sick, to insult the child and our courts for the sick satisfaction of ourselves. I am proud of the DPP for taking a stand to see that this discontinues. There are children who live with this daily because they know that the very person they are looking for protection from, is an accomplice to their abuse, what a shame!! To add insult to injury, our behaviour, as adults, is very unpleasant as well. So help us God!
I applaud you Mrs. Charles-Clarke for taking a firm stance on such an issue that has pleagued our nation for years. Too many young lives have been destroyed by this so called ‘rangement.’ Therein lies the destruction of our nation which leads to the myriad of problems we are faced with today as a Nation. IT IS TIME TO STOP. TIME TO LAY DOWN THE GAUNTLET. MAKE THE GUILTY PAY and save our children.
BUT…this raises a critical question. If this so-called section 371,372 and 373 is enshrined our Nation’s Criminal Code – and I assume it has been for quite some time – does it suggests that former DPPs are culpable in not upholding the law of the land and letting slip child molesters?
Ever heard of Papal Infallibility?
I applaud you. There will be NO MORE FICSing…
I applaud the DPP for the stance. For two long that sick disease has been plaguing St. Lucia. I hope that it will get St. Lucians to take sexual crimes particularly those involving minors more seriously. I think some of those involved in these arrangements should be jailed.
Why are cases not ending up in convictions Ms DPP? I think you ought to cover your head in shame after making this statement. You are charged with prosecuting cases after the police have arrested the suspects.The blame for cases being discontinued as the DPP alleges lies with her office and the police.
Corruption and malfeasance permeates through every pore of the legal system in this society not to mention incompetence.The police needs to be retrained and the DPP should take a zero tolerance towards crime and disorder in the country. Until they are able to that then there will be more cases being discontinued. Stop saying and start doing DPP!
Malcolm L’Overture
Berlin Germany
This is one of the problems which has not only disgraced St Lucia but has also caused a lot of the other problems we have in society today. Betrayed children who were never able to get justice turn to crime or never fulfill their potential.