(Trinidad Express) If the Office of the Director of Public Prosecutions (DPP) does not receive additional staff soon, then it could lead to an inevitable collapse of the criminal justice system.
DPP Roger Gaspard, SC, yesterday stressed the shortfall of his office in prosecuting matters, and called for the appointment of additional attorneys to his office.
For the DPP’s Office to effectively operate, Gaspard said there was need for approximately 129 attorneys, but there are only 58 prosecutors.
Speaking during an interview on i95.5FM yesterday, he said: “I would describe that problem as acute and chronic. It is very critical where any time you reach a stage where the number of courts outnumber the number prosecutors, that must be an area of concern.
“The average prosecutor has over 120 files, so in the context of meeting deadlines as outlined by magistrates and judges as they carry out their functions, it is extremely challenging and I have said years ago that if the situation continues, the criminal justice system will collapse. I have said that publicly, and I have said it in a joint select committee. I have been saying it,” said Gaspard.
Over the past few months, a number of senior prosecutors have left the DPP’s Office to become judges—among them, George Busby, Tricia Hudlin-Cooper and Nigel Pilgrim.
With the departure of those former prosecutors, Gaspard said contrary to the belief of some, he did not have the power to hire staff.
“I have no control over the appointment of staff to the DPP’s Office. Sometime people will ask me why I do not hire persons coming out of law school, well guess what? I do not hire persons. That is the function of the Judicial and Legal Service Commission (JLSC).
“There is also an argument being bandied about—a somewhat uninformed argument that the DPP can take persons on board on contract. When you come to the DPP’s Office on contract, that is between the Chief Personnel Officer (CPO) and the particular person. I do not make any decision on behalf of the JLSC. That is an independent body as well,” he said.
Gaspard stated that while he is a chief legal officer, what some do not seem to understand is that for persons to be appointed to his office, that decision would have to be made by a chief financial officer, which he is not.
On the brink
The DPP stated he did not wish to speculate on how close the criminal justice system was to collapse, but noted that if decisions were not made soon, it would be inevitable.
“I do not know how close it is to collapse, but I am telling you I do not know what is the wisdom in outfitting one player in the criminal justice system with more courts and more judges and no commensurate increase really in terms of prosecutors.
“There is a Cabinet Note in 2014 where the recommendation was approved that we would have had 129 attorneys. To date in 2023, the DPP’s Office has approximately 58 attorneys, several of whom would have recently come to us and who have very little experience in prosecuting matters and in criminal law. Would a serious decision maker send these persons to court to deal with murder cases and so on?”
“If I were to do so, it is my respectful view that would amount to my betraying public trust and almost abandoning the citizens of Trinidad and Tobago, so I have chosen not to do that,” said Gaspard.