The Full Court, presiding in the pink suitcase cocaine bust hearing , yesterday reprimanded the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, for publicly commenting on the matter and an order was issued restraining her from any repetition until the case is heard and determined.
The court which comprises Justices William Ramlal and Roxanne George was critical of the DPP’s recent action saying the matter is sub judice [under judicial consideration].The court observed that the DPP wrote a letter to the press, which was published, commenting on the current matter.
Justice George said she read with consternation the DPP’s letter to the editor and she pointed out that Ali-Hack is the holder of a high judicial office. The judge said the publication surprised her, noting that Ali-Hack is the litigant in the case which is currently before the court. She said the DPP has made a legal pronouncement on the matter which is yet to determined and questioned what the consequence would be if attorney-at-law Nigel Hughes, who is also appearing in the matter, were to respond to the DPP.
Justice George said too that the action of the DPP is likely to bring the administration of justice into disrepute and she read the order which restrains the DPP and or agents from publishing anything further on the matter until the case is heard and determined.
In her letter to the press, the DPP had stated that the wrong jurisdiction was invoked to bring the appeal action in the High Court. She was not present in court yesterday when the judges deplored her letter, but subsequently showed up.
Previously, the DPP had written the Chief Justice requesting that Justice Ramlal recuse himself from the case but the application was refused. She had cited the attorney/client relationship between the judge’s sister, Supreme Court Registrar, Sita Ramlal and Hughes saying there was a likelihood of bias in the matter.
The Full Court will hand down its ruling in the pink suitcase matter next week as arguments concluded yesterday. Former Attorney General, Doodnauth Singh, who is representing the DPP, wrapped up his submissions.
Hughes’ clients Maurice Smith and Rodrick Peterkin, along with Customs Anti-Narcotics Unit (CANU) employees Muniram Persaud and Shemika Tennant, were charged with conspiracy on March 11, just two months after a pink suitcase with over 50 pounds of cocaine slipped through the Timehri airport and was later intercepted by US authorities. They were released on $35,000 bail each.
Hughes is alleging malice on the part of the DPP among other things, but Singh has rejected this saying nothing in the affidavits which were filed points to this.