Where’s the proof?
I HAVE read Mr. Miles Fitzpatrick's letter published in the Stabroek News on December 19, 2004, commenting on a letter sent to the Judicial Service Commission (JSC) by the Attorney General (AG) which was published in the Kaieteur News on December 17, 2004.
No one ought to complain about the freedom of the press, especially when the confidentiality of documents and information is breached. The Chancellor of the Judiciary and the former Attorney General Mr. C. Ramson both complained that their confidential correspondences reached unauthorised personnel.
So the letter from the current AG to the JSC is treated likewise.
The contents of the news report in the Kaieteur News suggest that that letter was seen by the writer of the article.
My understanding of the AG's letter to the JSC as published is that he was questioning the representation made by the Chambers of the DPP to Mr. Justice Moore.
Mr. Moore, according to the report, was obeying the order of Justice Singh because none of the accused accessible for trial had been committed before Benschop. So the Judge was told.
The AG seems to be complaining that in as much about five persons were available for trial before Benschop, no serious attempt was made to get them before the court. In effect, if it was represented to the Judge that the accused or the witnesses were not available, that representation was false, because the accused were in fact available and the Registrar had made funds available for the witnesses to be brought to testify.
Subsequent events after the jury's inconclusive verdict by certain 'responsible' elements in society tend to suggest that Benschop had to be put on trial when they want it. And all efforts were directed to that end.
But Fitzpatrick's letter has exposed the mindset of certain persons in relation to the Benschop case. He makes statements glibly without any supporting evidence that the government was involved in keeping Benschop in prison. He wrote that there has been pressure exercised on the DPP including the Benschop case.
Can he or the DPP tell us - we ought to know - in what matters pressure was brought on the DPP?
Fitzpatrick goes on to say that the governing party has a clear intention that Benschop shall remain in prison. Can we get proof of this?
It seems very fashionable to make statements accusing persons of all manner of sins under the sun without supporting evidence, and the regrettable thing is that people accept these as gospel.
Mr. Fitzpatrick has written that the DPP has been nominated by the JSC for a Judgeship on the Court of Appeal, and that both Justice Moore and the DPP would grace the Court of Appeal.
Fitzpatrick wants to impress that he has access to high information and he is using same to ingratiate himself in the books of these two persons. Bear in mind that he has to appear before them in court representing his clients.
I have written about the confidentiality of documents and I hope the press will be just as liberal of their space and let the country know how graceful Justice Moore will be on the bench of the Court of Appeal.