[www.inewsguyana.com] – Guyana’s Director of Public Prosecutions (DPP) Shalimar Ali – Hack says no criminal charges can be brought against the country’s Attorney General, Anil Nandlall.
In a media release today, the DPP said the file has been returned to the police; reminding that it was in relation to the private telephone conversation between the Attorney-General and “his personal friend” Leonard Gildarie.
Ali – Hack pointed out that based on the evidence contained in the police file, the alleged conversation was not between the Attorney-General and Glen Lall.
Lall, Publisher of Kaieteur News, had made the police report after the conversation between his staff [Gildarie] was brought to his attention. Lall claimed that the conversation was threatening to his life and that of his staff.
To this end, the DPP explained that the offence in relation to Nandlall using threatening language with intent to provoke anyone else to commit a breach of the peace, “must be such as is likely to provoke a breach of the peace by anyone else that is the person to whom the threat is directed.”
She added “for the threatening language to result in provocation, the threat must be directly communicated to the person to whom it concerns, that is, in his presence and hearing. There is no evidence of this contained in the police file.”
Ali – Hack said too that there is no evidence for the offence in relation to the person using abusive, insulting, obscene or profane language to the annoyance of another.
“The alleged recording of a telephone conversation between the Attorney General and the Minister of Legal Affairs and Mr. Gildarie, does not fall under Section 1a1 (a) or (b) Chapter 8:02.”
“In these circumstances, the communication to Gildarie does not provide an evidential basis which can support the institution of criminal proceedings,” she said.
The DPP clarified that the police file in this matter was received at her Chambers on November 18.
The DPP took this opportunity to reiterate that she continues to maintain the integrity of the DPP’s Chambers by giving legal advice according to the statements in the police files and the Laws of Guyana which is done free of race, religion and political affiliation.