Dear Editor,
An interesting legal issue has arisen in the tiny state of St Kitts/Nevis where lawyers have filed a suit in the courts to block the Attorney General from removing the Director of Public Prosecutions (DPP) from office. The result of this issue is of interest not only to the OECS states, but the entire Caribbean since under all the constitutions in the region the DPP is protected.
Media reports state that the AG Vincent Byron, brother of Sir Denis Byron, President of the Caribbean Court of Justice, personally went to the DPP office and ordered the DPP Travers Sinanan, to vacate his office and hand over keys and cell phone, but he refused. Sinanan was also asked to move out of his government-provided residence, but he is adamant.
The post of DPP is constitutionally entrenched and the Attorney General is not in a position to simply fire him. Section 81 of the constitution states that the DPP can only be removed if a high powered tribunal set up by the Governor General and the Chief Justice makes a recommendation to the Judicial and Legal Services Commission after carrying out a proper inquiry. It is a rather cumbersome procedure which will take several months if not a year.
The reason why the AG wants the DPP to be removed is not known, but reports state that
he wants him to be replaced by someone of the government’s choosing. Sinanan was appointed by the previous administration led by Denzil Douglas. In the claim filed by the AG, governments usually appoint persons who are sympathetic or support the administration as DPP, because it is extremely difficult to challenge their decisions.
Yours faithfully,
Oscar Ramjeet
