The woman who levelled a rape allegation against former police commissioner Henry Greene has moved to the courts asking to be named as a respondent in the commissioner’s original application to quash the rape charge advice given by the Director of Public Prosecutions (DPP).
Although the case has ended, this move, if granted, will pave the way for her to file private criminal charges against Greene, who has since retired, and for the case to be appealed.
The DPP, acting Commissioner Leroy Brummell and Crime Chief Seelall Persaud were named as the respondents in the matter filed in the High Court by Greene in February.
According to a Notice of Motion filed by her attorney Nigel Hughes on Friday, the woman “is constrained from filing criminal proceedings against the Commissioner of Police for the offence of rape as any such proceedings may be construed by a court of competent jurisdiction as an abuse of process and liable to be struck down”.
The court documents further stated that “the applicant is entitled to protection of the law and to have criminal proceedings brought against persons accused of criminal offences”.
It was noted that the woman is the virtual complainant in the allegation, the subject matter of advice rendered by the DPP in Greene’s originating Notice of Motion.
The documents stated that the DPP has the right to take over and discontinue any private criminal prosecution commenced by the woman and that the DPP “would be constrained to discontinue private criminal charges which may be instituted by the applicant herein”.
Hughes noted in his Notice of Motion that the Attorney General as counsel for the DPP has advised “that no appeal lies from the decision of the Honourable Chief Justice. The applicant herein is advised that the advice of the Honourable Attorney General is misconceived and/or erroneous”.
The woman in her affidavit in support of the application to intervene said that following the decision of the CJ, her attorney has since advised that “no or insufficient grounds were disclosed on the affidavit in support of the motion to warrant the grant of orders nisi against the DPP”.
She said she was advised that there were significant errors of judgment contained in the CJ’s decision for it to be appealed and this was expressed by way of letter by Hughes to the DPP on April 18.
“I am advised by my attorney-at-law and verily believe that I am unable to properly institute private criminal charges against Henry Greene for (the) reason that the commencement of such proceedings may constitute an abuse of process and be liable to be struck out by a court of competent jurisdiction,” the affidavit said. The woman said that as a citizen she is entitled to equal protection of the law and fair investigation and prosecution of criminal complaints made by her.
She expressed belief that the complaint of rape cannot proceed as a result of the CJ’s decision. She further stated that as a victim of a criminal offence, “I have a reasonable expectation that my allegations would be properly investigated and in the event the charges are recommended by the DPP they will be instituted”.
It was noted that as an interested party in the matter, she has been adversely impacted by the CJ’s decision and further is constrained in taking further steps to institute criminal proceedings against Greene.
The woman said she believes she has an interest in the matter and should be permitted to intervene to protect her own interests.
The mother of two came forward with the allegation last December. The incident reportedly occurred on the night of November 22 last at a city hotel.
Hughes had said that he intends to file private criminal charges in the best interest of his client. Earlier this week he offered his services free of charge to file and prosecute the matter in the Caribbean Court of Justice. The DPP is yet to respond.