(Jamaica Gleaner) Director of Public Prosecutions Paula Llewellyn is standing by her decision to continue the prosecution of the two men charged with the rape of five women in St James despite DNA samples not matching the two accused.
“Given the circumstances of the case, the public interest and the nature of the other evidence we would be usurping the role of the supreme trier, the judge, if we were to stop the prosecution,” Llewellyn told The Sunday Gleaner.
“It is for a judge to hear the evidence and then decide if there is proof beyond doubt,” added Llewellyn of the incident which attracted national interest last September after it was disclosed that the five females, including an eight-year-old, had been raped.
Since last week when the court was told that DNA samples suggested that the two brothers were not the rapists legal minds have questioned why the DPP did not withdraw the case.
Among those raising concern was prominent attorney-at-law Bert Samuels who told The Sunday Gleaner that the prosecution is obliged, in his opinion, to enter a nolle prosequi thereby stopping the trial of the men.
False imprisonment
He said the men could take action for false imprisonment once the charges have been dropped.
“If the DNA does not match, the Crown will have a difficult hurdle to get over to make out a rape case against the men,” agreed attorney-at-law Christian Tavares Finson.
He said if the Crown goes forward with the case then it will have to explain that the DNA profiles do not match the accused men.
