CASTRIES, St. Lucia--The St. Lucia government has responded to criticism from the United States (US) Embassy that it has made no real moves to prosecute police involved in extrajudicial killings, passing the blame to the country’s Director of Public Prosecutions (DPP).
Prime Minister Dr. Kenny Anthony said his government did everything “within its constitutional authority” to move the process forward and contrary to what the incumbent DPP Victoria Charles-Clarke claimed, the administration provided her with the necessary resources to do it.
That position was outlined in a lengthy statement issued after the US Embassy to Barbados and the Eastern Caribbean expressed concern last week, that a year after Caribbean Community and Common Market’s (CARICOM’s) Implementation Agency for Crime and Security (IMPACS) issued a report on an investigation into allegations that St. Lucian police committed extra-judicial killings from 2010 to 2011, the government has made no meaningful effort to prosecute the officers.
“Progress on pursuing justice in these killings halted after the report’s issuance in March 2015. Despite the significance of the IMPACS report for human rights, national security concerns, and St. Lucia’s International reputation, the Government of St. Lucia has made no meaningful progress towards criminal prosecution in 10 months,” the Embassy said.
In response, Anthony said while the Embassy was right to note that there was no meaningful progress, its suggestion that this is or was due to inaction on the part of the Prime Minister or the Government of St. Lucia is “misplaced and unjustified.” “The fact is that the Executive’s role in this matter was fulfilled upon presentation of the CARICOM IMPACS Report to the Director of Public Prosecutions 10 months ago, in March 2015. Indeed, the Director of Public Prosecutions herself publicly stated that she never read the report until a full six months following her receipt of it,” he said.
“Up until the time that the DPP proceeded on pre-retirement leave, in December of 2015, she never requested the Government of St. Lucia to facilitate her in interviewing the investigators, whether in St. Lucia or Jamaica.”
Anthony denied that sufficient resources had not been provided to the DPP to do what she needed to further prosecution. The allegation which had been levelled by Charles-Clarke and the US Embassy described it as “disappointing”.
“The Minister for National Security responded promptly and fully, debunking the DPP’s assertions. The issue about prosecuting those who may have committed alleged criminal offences has never been one about resources. Firstly, the Government of St. Lucia made provision in the Estimates of Revenue and Expenditure for 2015/2016 for the appointment of two special prosecutors to assist her to prosecute those who may have committed criminal acts, if she deemed it necessary. She never made use of these resources,” the Prime Minister insisted.
“The truth is that never in the history of the DPP’s office has it been as well-staffed as it was at that time, with only the position of Deputy Director of Public Prosecutions remaining vacant. Even then, the Government of St. Lucia had placed advertisements in the local and regional papers to fill the position on several occasions. The Judicial and Legal Services Commission decided that none of the applicants were suitable to fill the vacant post.”
The St. Lucian leader said that his government remains steadfastly committed to the rule of law and is just as anxious as the US “to ensure that justice is done and the human rights of all of its citizens are protected in accordance with our Constitution.” “But, as recognized by the Embassy itself, our Constitution guarantees the independence of the individual arms of Government. Consequently, it would be unlawful for the Executive to impose its will on a matter that is now clearly within the purview of the judicial arm of the state.”
“The fact is that the Executive has done everything which is within its constitutional authority. The Executive brought to Parliament legislation to allow for the investigations into the alleged extrajudicial killings to be undertaken by a body other than the Royal Saint Lucia Police Force. It placed at the disposal of the investigating team all of the required resources, and once the report was completed, in keeping with the provisions of our laws to appoint the investigating team, it was passed on to the DPP. In pursuing justice, Government cannot itself be breaking laws. The Office of the DPP must, when it is properly constituted, be true to its mandate and prosecute this matter at its earliest,” Anthony’s statement added.
The Prime Minister said it’s expected that the Judicial and Legal Services Commission will soon approve advertisements to fill the vacant post of Deputy Director of Public Prosecutions and the post of Director of Public Prosecution when they become vacant at the end of Charles-Clarke’s pre-retirement leave.
