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Proposed constitutional amendment: sinister motives

14 décembre 2016, 08:33

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‘‘We live in a country where the rule of law has been the backbone of our democracy. Independent institutions are what constitute this backbone.’’

 

Let it be said loud and clear that the latest alleged decision of government to set up a Prosecution Commission is nothing less than another attempt or colourable device to control the independence of the Director of Public Prosecutions (DPP).

The scene was set shortly after assuming power following the December 2014 general elections. Who can forget the infamous Cabinet decision to bring the Office of the DPP under the control of the Attorney General, a political appointee? Transparency and accountability were thrown in our face to justify this decision but we were not fooled. This was a politically motivated decision to control an institution which enjoys constitutional protection against all types of interference, especially political interference.

We then had the Sun Tan saga. A very senior Minister went on national television bragging about how he was going to bring to justice a list of people who have illegally obtained land on Pas geométriques during the last regime. And for good measure, he could not refrain from informing us that the list even contained the name of a member of the judiciary. We can forgive him for not knowing who those who actually belong to the judiciary are. His knowledge on those matters is clearly very limited.

‘‘No matter what they tell us about why there is such a dire need to create a Prosecution Commission, we all know what the real reasons are. The reasons are politically motivated.’’

It then became evident that the targeted person was none other than the DPP himself. Senior civil servants were pressurised in giving statements against the DPP at ICAC, an institution headed by another political appointee and who has as members a former Director General of the National Security Service close to the current Prime Minister and, hold your breath, a member of the MSM party. The DPP refused to go to ICAC and denounced the senior Minister and another Minister for orchestrating a political vendetta against his person. These two Ministers saw red (or orange?) and marched into Line Barracks to make it known that they were not happy at all.

Of course, our subservient police spared no time in coming to the rescue of the two Ministers. They called at the houses of the Director General and the Director of Investigation of ICAC in the middle of night to obtain their versions. By 8 am they were in possession of a warrant for the arrest of the DPP signed by, again please hold your breath, a magistrate who was on approved leave. You may wish to know that that same magistrate has since been rewarded by being appointed to head one of our institutions.

Had it not been for the independence of our judiciary and the sacred Writ of Habeas Corpus, these Ministers would have achieved their goal and the DPP arrested. Indeed this was a narrow escape for the DPP. One would have thought that this failure to get the head of the DPP would have tempered their senseless persecution. Evidently not.

We now have this politically motivated decision to create a body that will control and review the decisions of the DPP. We have yet to know what they will throw in our face this time to justify their decision. But again we are no fools. It is clear that they have sinister motives.

The decision of the DPP to prosecute and obtain a conviction against the Prime Minister in waiting remains fresh in their minds. They cannot let it go. To make matters worse, the DPP has decided to appeal to the Privy Council against the decision of the Supreme Court to acquit the Prime Minister in waiting. That Prosecution Commission they want to create will obviously review this decision of the DPP.

One cannot also lose sight of the fact that the DPP has recently advised no further action in a number of cases involving the former Prime Minister. In many instances, these cases were reported to our subservient police by senior civil servants pressurised by politicians and Ministers of this government. The Betamax case is but an example. Rumour has it that the Betamax case was reported by a civil servant acting on an unsigned report made by an investigator Minister. Again our subservient police was too happy to follow blindly this report and conducted their enquiry on that basis. We should therefore not be surprised of the final outcome.

So, no matter what they tell us about why there is such a dire need to create such a Prosecution Commission, we all know what the real reasons are. The reasons are politically motivated and they have sinister motives.

We live in a country where the rule of law has been the backbone of our democracy. Independent institutions are what constitute this backbone. Judicial review before the Supreme Court is available to challenge any decision of the DPP. So why this new body? Are they not happy because our judiciary is too independent and will not be as subservient as their police force? They clearly have sinister motives and we are no fools.

 

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