BASSETERRE, St.Kitts (Friday 26th February 2021)-“I do not make decisions based on political wishes or political pulls.”
So said Director of Public Prosecution (DPP) Valston Graham when he appeared before members of the media for a press session held on Thursday 25th February 2021 at his law chambers located at South Independence Square in Basseterre.
He sought to “bring clarity and a bit more information” behind his recent stepping in a court matter involving a private criminal complaint brought against elected government minister Eugene Hamilton of the People’s Action Movement (PAM) by Dr. Terrance Drew of the St. Kitts-Nevis Labour Party (SKNLP) concerning allegations of bribery in the lead up to the June 2020 General Elections.
Pointing to the constitution of St. Christopher and Nevis, the DPP talked about being the custodian and guardian of control of criminal prosecution indicating “I consider it to be inconceivable, absolutely nonsensical that the Director of Public Prosecution must sit back and allow a prosecution that alleges bribery against an elected official to just be pursued in a private capacity.”
“So the purpose of me calling you today is simply to dispel any suggestions whatsoever that my taking over the matter has anything to do with being a political ally of PAM, Shawn Richards or Eugene Hamilton. PAM is a political Party of which I am not a member. Is Shawn Richards my friend? Yes. Eugene Hamilton is not my friend… I don’t know him…except for him being a member of National Assembly. There are persons out there who read Facebook, who listen to the news, read you guys’ articles or listen to your broadcasts who are not really seized with the facts. I have not done nothing that the Constitution doesn’t empower me to do,” DPP Graham told the media.
Both Dr. Drew and Hamilton competed for the Constituency Eight seat in the elections.
“In November of last year, Dr. Drew brought a private criminal complaint against Mr. Hamilton…two as a matter of fact, charging him with bribery; they are criminal prosecutions. Those matters have only came to my attention last week and they were scheduled and brought before the court on Monday of this week. Those matters having come to my attention…Section 65 of the Constitution of the Federation of St. Christopher and Nevis places me as the custodian and guardian of control of criminal prosecution in this Federation,” DPP Abraham commented.
He said that section of the Constitution subsection 2 (B) says “that I can take over any prosecution instituted by any authority and subsection C says I can continue the prosecution or I can discontinue a prosecution.”
According to the DPP: “Having heard of the matter with Dr. Drew and Mr. Hamilton, I asked the court to stand the matter down so that I can be ready and come to make an appearance.”
Mr. Delano Bart Queen’s Counsel appeared for Dr. Drew and for Hamilton, Natasha Grey.
“I have not made any decision where the matter is concerned contrary to what some people believe. What I’ve simply said to the court is that I have asked that Mr. Bart on behalf of Dr. Drew to provide me with disclosure of the evidence that he has to substantiate the allegations and charges of bribery. My intention is, once I’m provided with that evidence is to analyze it. If it makes out a case that says Mr. Hamilton has bribed somebody, I have no difficulty in prosecuting it. I have had no difficulty in prosecuting persons regardless of their political affiliation or not prosecuting persons because of their political affiliation,” DPP Graham stated.
Furthermore, he noted that subsection 65, 2 (c) “that says I can continue or discontinue has not yet arrived. I would await the disclosure. Once I am in receipt of that disclosure, I would examine it like I do in all criminal matters and then I would make a determination as to the future of the matter.”
“I am not no political pundit. In fact I don’t like politics, period. Do I have political friends on both sides of the aisle I do; like we all do. I do not make decisions based on political wishes or political pulls,” he added.
DPP Graham, in speaking to instances of his fairness in the office he holds, made mention of the matters relating to Leader of the SKNLP Opposition and former Prime Minister Dr. Denzil Douglas in the diplomatic passport case as well as the recently discontinued firearm license renewal issue involving SKNLP candidate Leon Natta- Nelson.
“Now I’m not seeing the clam of Facebook pundits who are going around and saying I am Labour because I am not Labour neither am I PAM nor Unity. I am simply a public servant doing the best that he can do. It’s as simple as that,’ he noted.
The DPP stated: “The future of the matter rests in the hands of Dr. Drew and his attorney. I have asked that they provide me with the evidence that they have. Once they provide me with that evidence, I would assess and I would make a determination as to whether or not that particular prosecution goes forward or whether or not the evidence reveals there’s a greater need for me to ask the Commissioner of Police to make a more widespread investigation into any allegation of bribery (concerning) the 2020 elections and I have no difficulty in doing that…”
As understood, the magistrate has put the matter to Monday 1st March 2021.