BASSETERRE, St.Kitts (Friday 30th April 2021) – Director of Public Prosecutions (DPP) Valston Graham is being accused by Chairman of the St.Kitts-Nevis Labour Party (SKNLP) and candidate for Constituency Eight Dr. Terrance Drew of blocking a case from moving forward, relating to a private criminal complaint brought against elected government minister Eugene Hamilton of the People’s Action Movement (PAM) for Constituency Eight on allegations of bribery and treating stemming from the June 2020 General Elections.
Appearing on Freedom FM’s ‘Issues’ programme aired live on Thursday 29th April 2021, Dr. Drew said in part: “He has blocked the case from being heard. He has blocked the case. If he didn’t get in the way, the case would have been heard… [the DPP] cannot throw out a case; he is a prosecutor. He has blocked my case form going forward.”
Dr. Drew’s appearance was slated to respond to the media statements by the DPP after the case was discontinued by him (Graham) on Monday 26th April 2021 at a magistrate court.
According to Dr. Drew: “ if he [the DPP] knows that he has all of these affiliations and so forth that are now surfacing in the public where perceived bias is now becoming a real question then I have my lawyers, Eugene Hamilton has his. I have my evidence [so] let a magistrate and the court determine. That is all I’m saying that this should have been determined by a magistrate or by a court, and not by the DPP’s office.”
He expressed being in “total disagreement” with the decision of the DPP to discontinue the case.
“How can he come to a conclusion without speaking to the witness [me] and without doing an independent investigation?” Dr. Drew questioned during his presentation.
Additionally, he recalled an “appalling” press conference held by the DPP in February 2021 which showed “perceived bias”.
“He (the DPP) had not seen my evidence but he said there’s no evidence, commenting on evidence that he had not seen since January 2021 so it was quite interesting that he had a press conference talking about my evidence and referring to my evidence after he would have taken over the case and he had not seen the evidence
“That is when I knew deep down that he has already made up his mind …the way he took over the case after Eddy recused himself and having a press conference commenting on evidence without seeing such evidence…Those are two instances that say there is perceived bias on the part of the DPP,” Dr. Drew said.
As it relates to the future of the matter which was initially filed in November 2020, Dr. Drew has stated that “there are options and we are weighing those options because what has happened here, this has really delayed the time…”
Speaking to media workers on Monday 26th April, DPP Graham gave his reasoning as to why the case was discontinued that day.
As understood, Queen’s Counsel Delano Bart-on behalf of Dr. Drew provided statements of the Evidence which founded two prosecutions and that he had previously written to ask the DPP to give consideration of independent conduct of the prosecutions from his office.
According to Graham, and that along those lines, he (the DPP) sought the opinion of two independent criminal prosecutors namely Queen’s Counsel Henry Brown DPP Montserrat Garnett Thompson.
“I received their independent opinions. Their opinions were presented unknown to each other. Based on the opinion that they would have given to me, my own review and of the law and of the evidence , I came to the conclusion that the charge of bribery and the charge of treating against Mr. Hamilton had no realistic prospect of success [and] in that regard I discontinued the matters before the magistrate.”
According to Dr. Drew in responding to such a statement on Freedom FM: “He (the DPP) said that he consulted two independent QCs. I have consulted two independent QCs who have reached different conclusions.”