The police force yesterday said that there was “insufficient credible evidence” to charge former Minister of Local Government Nigel Dharamlall over a new rape allegation.
It later clarified that this advice came from its senior legal advisor Mandel Moore. The matter was not referred to the Chambers of the Director of Public Prosecutions.
The police had been investigating rape allegations by Sarah Hakh who was an employee at the ministry at the time the rape was alleged to have occurred.
After days of silence on the probe, the police yesterday said that on the 23rd May 2024, it received legal advice indicating that there was insufficient evidence to charge Dharamlall in relation to the rape and sexual assault allegations made against him. The legal advice, it said, was based on the fact that there were several inconsistencies and discrepancies in the complainant’s story.
“There were also statements from several independent witnesses that totally contradicted the complainant’s story. These included alibi witnesses who placed Nigel Dharamlall in a different Region on the date that the alleged incident occurred in September 2020.
“Statements also disclosed that Nigel Dharamlall is not the owner of the house where the alleged incident occurred in January 2021 and he has no access to same.
“These disclosures, among others, resulted in there being insufficient credible evidence and no realistic prospect of conviction in these matters.
“In keeping with the Code for Prosecutors, a case which does not pass this evidential stage must not proceed, no matter how serious or sensitive it may be”, the statement from the police said.
On May 10th, Dharamlall denied the allegations of sexual assault and rape made during a press conference that day by Hakh.
In a statement issued to the press following the public allegations, Dharamlall said that he had always maintained a cordial relationship with Hakh, but that her demeanour changed after he rebuffed her advances and rejected her attempts to engage in an intimate relationship.
The former Minister further accused Hakh of launching a campaign to tarnish his reputation through social media, leaks to the traditional media, and a “whisper campaign”, and questioned what had reignited her attempts to harm his reputation, particularly at this time.
“I have known Ms. Hakh personally for several years and have always maintained a most civil and cordial relationship with her, including socializing on many occasions. Her demeanour towards me changed fundamentally after I rebuffed her advances and spurned her attempts to engage in an intimate relationship. Thereafter, Ms. Hakh embarked on a campaign to malign and tarnish my reputation. This was manifested through several fake profiles on social media, surreptitious leaks of information to the traditional media and a whisper campaign to anyone willing to listen,” his statement read.
On May 10th, Hakh invited members of the media to listen as she read from a statement in which she alleged that she was raped twice by the minister, in two separate incidents. According to Hakh, the first incident occurred in September 2020, when she was invited to meet with Dharamlall at his residence to discuss a job opportunity. Breaking down in tears during her recounting, the woman said that during the meeting, the Minister pulled her into a room, became aggressive, and sexually assaulted her.
“I don’t know why we diverted… and at this point he grabs my body and tries to kiss me on the mouth, pulling himself onto me. I immediately turn away and persistently said that nothing can happen because I’m fully into women and this is not something I came here expecting to do and can’t offer anything. He doesn’t say anything but proceeds to… sexualize me”, she alleged.
“I excused myself to go into the self-contained bathroom trying to figure out how to get out of the situation since I was here for business and didn’t intend on leaving without ascertaining what we had agreed to discuss. After two minutes, I exit the bathroom and Dharamlall is on the bed laying on his back with his genitals out. I’m shocked, stunned, and immediately tell him to put his clothes on and not to expose himself to me,” she said.
She then recounted events leading to the alleged rape.
During her recount, Hakh noted that the only conversation akin to business talk was when Dharamlall related to her that her father had informed him that she shouldn’t get the job because he felt she was entitled and tended to misbehave.
“He abruptly asked me if I’m entitled because according to him, my father told him, I shouldn’t get the position because I act as though I’m entitled and that I misbehave. He laughs at these comments, and I find it very off-putting and out of context”.
The woman alleged that the second incident occurred in 2021, while she made contact with the Ministry about non-payment of her contract during her stint working there. She said that in this scenario, she was invited to meet with Dharamlall again at his then residence.
Hakh then related the details of the alleged second instance of rape
The complainant stated that she was shocked and devastated by the incidents, and that she felt compelled to report them to the authorities. She explained that her initial attempt to file a report at the Criminal Investigation Department (CID) were unsuccessful as she was told that they do not take such reports. She noted that she was eventually able to make a report last month at the Cove and John police station.
On May 14th, Dharamlall turned himself in to the police at the Cove and John station following the rape complaint by Hakh and was released on $500,000 bail that night.
Last year, Dharamlall was the subject of another rape probe and based on advice from the Chambers of the Director of Public Prosecutions, no charge was brought against him. He subsequently resigned as Minister.
In this matter, the complainant had given a No Further Action statement two weeks after an investigation was launched into the allegations, which resulted in Dharamlall being arrested and later placed on $1 million station bail.
The announcement sparked consternation and a flurry of questions as to why the complainant was withdrawing after going to great lengths to make her allegation and acquiesce to protection under the Childcare and Protection Agency.
