On June 30, the investigation by the Guyana Police Force into the allegation of rape against Minister of Local Government and Regional Development Nigel Dharamlall came to halt when the teen complainant gave what the police referred to as a ‘No Further Action’ statement. Based on the words contained in that phrase, it was understood that the complainant had asked for an end to the investigation.
The next day, Crime Chief Wendell Blanhum indicated that the case file, which had already been back and forth between the police and the Chambers of the Director of Public Prosecutions (DPP), was to be sent there again, “for further legal advice”. Tuesday this week was the day Mr Blanhum gave for the delivery of the ball back into the DPP’s court. Given that the DPP had been unable to decide on whether a charge should be brought against Mr Dharamlall using the original material in the file, and had returned it to the police for “further investigation” last week, the advice, when provided this time with much alacrity, shocked no one. In fact, it would have been surprising if the DPP called for a charge to be instituted for reasons that would be injudicious to list here, but are far beyond the possibility of the complainant refusing to testify. Of course, in making a decision, the DPP had to take into account whether there was a realistic prospect of a conviction.
That being said, there are a number of points that need addressing.
One of the more disturbing of these was Mr Blanhum’s language in answer to a question from this newspaper, which was published on Saturday last. In that response, he was quoted as saying, “At this time, I am only able to confirm that the alleged victim…” While clearly no court had pronounced on whether the child making the allegation was in fact a victim, use of the words “alleged victim” to describe her suggested incre-dulity as regards the claims made. Since those allegations remained fluid, the description was abhorrent. In common practice, it is a term used mainly by defence attorneys.
By contrast, a police press release issued the same day, used the term “virtual complainant” in every instance where it referenced the teenager. As a trained lawyer and investigator, one expects that Mr Blanhum would be au fait with the nuances of legal expressions and refrain from using terminology that could in any way reflect even the slightest lack of objectivity. While they are human like the rest of us, investigators have to be cautious not to allow bias based on what they assume to colour the way they evaluate allegations. Conclusions must only be drawn in the face of solid evidence or the absolute lack thereof.
This newspaper has already asked for guidance with regard to the “further investigations” the police carried out after the DPP sent the file back to them (Stabroek News Page One Comment: Infamy – 07/01/2023). However, no one should hold their breath awaiting those details, which would clear the air on whether the complainant was made to feel like she was being investigated and if her rights were respected at all times. The police have demonstrated time and again that they will not be accountable to the people they are mandated to serve.
With respect to a halt in the investigation being called by the complainant, it is worth noting – again given the language used – that it was not stated as a withdrawal of the allegation. It might instead be the case perhaps of an overwhelmed, intimidated, self-blaming child saying ‘enough’. In some jurisdictions, complainants are allowed to pause or stop an investigation and then ask for it to be reopened later. This might not obtain here, but if the child has legal counsel, that lawyer would be able to advise what is possible.
Finally, no further action with a criminal investigation does not preclude further action elsewhere. The allegations made against Mr Dharamlall also point to an abuse of public office that should trigger a response in Parliament, regardless of the fact that he resigned from both his ministerial and parliamentary positions on Tuesday. It is unthinkable that Mr Dharamlall could ever again hold any official position considering what has transpired over the past few weeks. However, since similarly unconscionable events have occurred under both this and the last administration, it would be left to civil society and the independent media, to ensure that this does not become another instance of musical chairs.
