With public opinion bringing pressure to bear on the justice system, King’s Counsel Darshan Ramdhani remains hopeful that good sense will prevail and that the appropriate advice is given in the matter of the rape allegation against Government Minister Nigel Dharamlall.
Ramdhani, who has been retained by Dharamlall for the case, along with attorney-at-law Nigel Hughes, yesterday broke his silence, speaking for the first time on the allegations. His comments to the Sunday Stabroek come in light of heavy criticism of the police, the Childcare and Protection Agency and the Chambers of the Director of Public Prosecutions (DPP) following the revelation that the 16-year-old complainant has decided not to pursue the case against Dharamlall who holds the portfolio of Minister of Local Government and Regional Development.
Ramdhani said that even if he was not counsel on the case, his comments would be the same. He said that he believes this is an appropriate time for him to speak given the developments in the matter.
“Where we are right now is that we are still in the process…We expect as attorneys for Mr Dharamlall, the right thing will be done…We expect that the right thing will be done, that a quick decision will be made. I didn’t hear what was said by the police personally, but the information was conveyed to me, and the next step would be that this investigation should come to end… So our client can be to get back to his life and the young lady too can get back to her life.”
To help explain his point, he made reference to the judgment of former Chief Justice Ian Chang in the matter of the DPP versus the late Commissioner of Police Henry Greene. Justice Chang had ruled against the advice given by the DPP to charge Greene with rape, finding that it was irrational as the circumstantial evidence did not present a realistic prospect of a conviction.
He stated that while many are questioning whether the system worked, nothing was done differently in this investigation.
“The Caribbean Court of Justice approves a protocol for Guyana and other Caribbean countries in relation to sexual offences. As part of that process, they recommended and approved that certain forensic approaches should be taken in relation to matters of this nature. The forensic investigation was first done, as it has been done for the last several years. Nothing. Nothing was different in this investigation than what has been going on in relation to sexual cases which have been a priority kind of investigation in the Caribbean,” he related in arguing that there were no abnormalities in the investigation process.
He added that the police force and the DPP’s office have come under tremendous public pressure to institute charges against his client, making the investigative process a third victim. Pointing out that the law allows for charges to be instituted even without corroboration, he questioned the outcome if the enforcement arm of the state is not allowed to investigate claims.
He added that with the police force agreeing to an independent organisation conducting the interviews in sexual assaults, it is a clear indication they want the process to be one with integrity.
“…it demonstrates that the police department is keen on ensuring that the process is one of integrity, that the process is one that is professional or it seeks to ensure that persons should not be charged where the evidence doesn’t get to that point. So the process, as I said, was the third victim in this matter,” he posited.
The attorney also pointed out that at this juncture, where the virtual complainant no longer wishes to pursue legal action, the public commentary can be traumatising for the girl.
“The public must understand that they can further traumatise this young lady if certain things are said and done in the public domain, or the leaders are making statements. Those political leaders, social leaders, and other leaders who are making statements in the public domain must determine, do I want to continue to traumatise this young lady? That’s the question they must ask themselves every time they open their mouths, they must ask themselves, is this going to further traumatise the young lady?”
Political angle
Ramdhani, a former Attorney General of Grenada, posited that the matter has taken on a political angle with the opposition calling for the removal and resignation of Dharamlall from office and the National Assembly. He stressed that that call through multiple protests is a political witch-hunt against his client.
When asked if he didn’t feel the public reaction is based on past cases, where persons of influence were fortunate to get off and in some cases change the investigation in a different direction, he responded by saying, “It is not an unreasonable position to think that influence may be exerted, but what you saw in the public domain was only pressure to get him charged. What you saw in the public domain was nothing, nothing short of pressure to get a charge. So if there was influence being brought on the system, this is where the politicians always on the opposite side got involved… we saw only one kind of pressure…”
He stated that the public should not make allegations against public professional offices because they are opposed. “We simply need to come back to common sense. As an attorney-at-law. I think the process has worked. I think the investigation has gotten us to exactly where we should be.
Ramdhani said that both the 16-year-old and Dharamlall have suffered in the process.
The King’s Counsel went on to say that while we live in a democratic society where voices will always be heard and statements are made, there must be respect for the process.
He added that if the people cannot trust the process and the justice system, anyone can be at a disadvantage by a mere allegation.
“In these kinds of circumstances, you and I will be comforted by the fact that we have a democratic institution at work in the police department. We will be comforted by the fact that there is a professional organisation that is capable of withstanding public pressure, immense pressure, to get a particular outcome. We must be comforted Guyana still conforms to the rule of law…” Ramdhani declared as he emphasised that he was speaking from his position as a seasoned attorney and not because he was retained by Dharamlall.
“If you get to the point of where this young lady has gone, where she says ‘look, I don’t want anything more to do with this matter’, I believe that we must respect that. For whatever reasons that she has come to this point.”
No further action
Two weeks after an investigation was launched into the damning allegations, which resulted in Dharamlall being arrested and later placed on $1 million station bail, Crime Chief, Wendell Blanhum, told Stabroek News on Friday that a No Further Action statement was given by the girl in the presence of a parent, the police, and officials.
“At this time, I am only able to confirm that the alleged victim has given a No Further Action statement to investigators in the presence of one of her parents and a representative from the Childcare Protection Agency. The file is currently being prepared to be sent to the DPP for further legal advice,” the Crime Chief informed.
The announcement by Blanhum 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.
Amid the raging controversy, the police on Friday evening defended their actions. In a statement, the Guyana Police Force (GPF) said that it wished to categorically state that at all times, the “highest level of professionalism was adopted during the investigation into an alleged rape [case] made against Minister Nigel Dharamlall.” As a result, the police force condemned what it described as the dangerous and mischievous attempts made by several social media personalities and an online news outlet to obscure and contort the facts in this matter. The GPF did not identify these persons or the entity.
The GPF said that on June 28, 2023, the file was returned to them by the Chambers of the Director of Public Prosecutions (DPP) with instructions to conduct further investigations. As a result, the investigators proceeded as directed.
The GPF said that at no time on Thursday June 29, did any investigator or member of the Guyana Police Force make contact with the virtual complainant to conduct any interview, “as is falsely and maliciously being peddled that the virtual complainant was subjected to interviews after interviews, up until 11:00 pm last night. This allegation has no basis in fact, and the truth can easily be established.”
Further, the GPF noted that these “mischievous and inaccurate” claims do not reveal the fact that since Thursday the virtual complainant informed her parents and the Child Care Protection officer that she did not want to proceed with this matter any further.
“The Guyana Police Force is informed that the Virtual Complainant and her parents (without the assistance of any investigator or any other member of the Guyana Police Force) prepared a statement to that effect, withdrawing the complaint.
“The Guyana Police Force was also informed that this statement was delivered by hand to the DPP’s chambers by a parent of the virtual complainant. Thereafter, another copy of this statement was delivered to the Guyana Police Force.
“Only after receipt of that statement did the Investigators meet with the virtual complainant, her parent and a Childcare official at the Childcare and Protection Agency”, the police said.
At that time, the police said that the Virtual Complainant, in the presence of her parent and the Childcare official, informed the investigators that she was withdrawing her complaint against Dharamlall and that “she was doing so without anyone forcing her to do so and of her own free will.”
The police said that a video recording was made of the Virtual Complainant expressing these wishes, and her statement was then handed over to the investigators. All of this was done in the presence and hearing of her parent and the Childcare Protection Agency officer.
The police file will now be sent back to the DPP for further legal advice.
“For emphasis, it must be reiterated that at no time whatsoever was the Virtual Complainant interviewed and re-interviewed to exhaustion as is alleged. Further, any and all interactions with the Virtual Complainant and the investigators were always in the presence of the Childcare Protection Officers.
“The Guyana Police Force also wishes to express its concern over the fact that confidential information surrounding the interviews conducted by and at a particular Non-Governmental Organization was unauthorizedly disclosed to several persons who published details of same on social media,” the statement said.
It added that this is a serious development which can undermine criminal investigations resulting in serious miscarriages of justice.
Dharamlall has also been on administrative leave to permit the investigation to proceed. President Irfaan Ali has been criticised for not taking decisive action after he became aware of the allegation.
