Jada Loutoo
DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has defined his decision to live the unhealthy utilizing charge against Deputy Commissioner of Police Suzette Martin, citing the “extremely tenuous” nature of the evidence.
In a mobile phone interview on December 18, Gaspard acknowledged it became as soon as now no longer going a conviction would possibly were supported.
“Having reviewed the CCTV photos of the incident, the evidence for unhealthy utilizing became as soon as extremely tenuous,” he acknowledged.
Gaspard acknowledged that whereas his put of work originally told laying the charge, a re-examination of the evidence prompted the decision to file a look of discontinuance.
“We would need to test at an best likely prospect of conviction, and whenever you learn about at the evidence, it would possibly possibly probably maybe now no longer meet the barometer. I am of the learn about there became as soon as no honest prospect of conviction on the evidence we had.”
“Set merely, the evidence is tenuous and there would possibly be a paucity of evidence.
“In these conditions, owing to the barometer, we use the litmus test, which is our chubby-code test. If there would possibly be no sensible prospect of conviction, we discontinuance now no longer pursue these matters.
“That would possibly maybe well be silly and unfair.”
He acknowledged his put of work had a responsibility to be “honest” to all people.
“The touchstone is equity and our responsibility to be honest mustn’t flip on who it’s miles or which put up they support.”
On April 18, 2023, Martin, utilizing an unmarked police automotive, allegedly struck a 14-year-passe pupil crossing the Priority Bus Route in San Juan. The boy, who became as soon as on his technique to college, became as soon as allegedly hit attain the Croisee and suffered fractures to his toes, experiences at the time acknowledged.
In line with Gaspard, the individual emerged from between two autos into Martin’s path.
Gaspard emphasised that evidence evaluations can lead to revised selections.
“We are succesful of assessment that evidence and invent a clear determination. We enjoy performed so in several cases. It is dynamic,” he acknowledged.
Senior magistrate Maureen Baboolal-Gafoor formally pushed aside the charge on December 17.
The Police Complaints Authority (PCA) investigated and Martin became as soon as charged through summons and ordered to appear in court. The PCA compiled a file after obtaining CCTV photos of the collision and enlisting the relieve of diversified witnesses on the scene.
The PCA’s document immediate disciplinary and criminal fees against Martin.
PCA director David West declined to train on December 18.
The charge became as soon as laid by Assistant Commissioner of Police (ACP) Wayne Mystar.
Newsday became as soon as urged that on the eve of the six-month statute of limitation for laying the charge, on October 17, 2023, even after the file became as soon as closed, a recommendation became as soon as made for it to be reopened and an target market became as soon as sought with the Place of job of the DPP, which resulted within the laying of the charge.
In his glorious document on September 14, 2023, Mystar acknowledged, “In learn about of the certain wager bought by all events that were eager within the RTA and the CCTV photos which became as soon as fixed to what became as soon as reported…I immediate that the driver of automotive PED 9635 be exonerated from any prosecution of the RTA.”
He acknowledged the certain wager out of your total events eager within the incident and the CCTV photos became as soon as fixed, as opposed to for the account from the newborn’s pals.
Mystar acknowledged he became as soon as of the stable learn about that the newborn became as soon as “negligent in his actions in making an strive to mistaken the roadway.”
He acknowledged the newborn “did no longer utilise the designated place for crossing and by walking from between two stationary maxi taxis gave the driver of PED 9635 no various for her to look his actions on the roadway.
“The motive force of automotive PED 9635 exercised due diligence by coming to a stop in observance of the web site visitors light which became as soon as signalling crimson.
“It ought to be observed that the pedestrian became as soon as the one who came into contact with the wheel of the acknowledged automotive.
“It became as soon as additionally observed that automotive PED 9635 came to an abrupt stop after the collision which implies to me that the automotive’s rush became as soon as tremendously reduced sooner than the collision.”
When she looked in court in October 2023, Martin pleaded now no longer responsible to the charge.
Attorney Jagdeo Singh notorious at that listening to, “This case has reached you in irregular conditions. This file became as soon as closed by police investigators in definite, unmistakeable, and unimpeachable terms.”
On December 17, one more of her attorneys, Darren Mitchell commended the DPP and Ferguson-Heller for their “demonstration of justice and independence in what would possibly maybe additionally be safely viewed as mischief and desperation.”
Later on December 17, Singh acknowledged, “I believe at the unusual time is the fruits of a case that came to the court in what I’d portray as much less than stellar conditions.”
“The confluence of conditions when this case became as soon as brought…When my client became as soon as up for promotion to the elevated ranks leaves very powerful to be desired on account of this case became as soon as closed for all intents and applications by the police, who had performed an investigation and no further action became as soon as required or immediate.
“That became as soon as the accurate notation that became as soon as on the file.”
Singh did no longer rule out taking factual action.
“My client is conserving her alternate solutions beginning to vindicate her rights.”
Martin acknowledged, “I want to explicit my accurate gratitude to God for His guidance and grace all over this path of. I firmly imagine that the fact has prevailed, and I thank the Almighty for offering clarity in this allege.”
She maintained her respect for the judicial machine and its impartiality. “The court operates with integrity and impartiality, and as a senior police officer, I remain committed to upholding the foundations of justice and equity in all points of my work,” she acknowledged.
Reaffirming her dedication to the safety and security of TT, Martin pledged to proceed serving with professionalism and integrity.
“As DCP, I proceed to prioritise the safety and security of our of us. My responsibility is to lead the Trinidad and Tobago Police Provider with professionalism, integrity, and commitment. I could now no longer be deterred in my responsibility to offer protection to and relieve,” she acknowledged.
Martin additionally extended her thanks to her household, colleagues, and people of the public who supported her all around the factual lawsuits. “Your encouragement has been commended, and I remain centered on making certain that the TTPS continues to adapt and relieve the of us of this nation with honour and dedication.”
In conclusion, Martin acknowledged, “I give thanks to God for His strength and guidance. I remain steadfast in my mission to lead with equity, braveness, and integrity, making certain that the work of the TTPS continues to invent a obvious impact on the safety and well-being of our nation.”
This story has been adjusted to incorporate further particulars. Remember fashioned put up below.
DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has defined his decision to live the unhealthy utilizing charge against Deputy Commissioner of Police Suzette Martin.
In a mobile phone interview on December 18, Gaspard acknowledged it became as soon as now no longer going a conviction would possibly were supported.
“Having reviewed the CCTV photos of the incident, the evidence for unhealthy utilizing became as soon as extremely tenuous,” he acknowledged.
Gaspard acknowledged that whereas his put of work originally told laying the charge, a re-examination of the evidence prompted the decision to file a look of discontinuance.
“We would need to test at an best likely prospect of conviction, and whenever you learn about at the evidence, it would possibly possibly probably maybe now no longer meet the barometer. I am of the learn about there became as soon as no honest prospect of conviction on the evidence we had.”
On April 18, 2023, Martin, utilizing an unmarked police automotive, allegedly struck a 14-year-passe pupil crossing the Priority Bus Route in San Juan. The boy, who became as soon as on his technique to college, became as soon as allegedly hit attain the Croisee and suffered fractures to his toes, experiences at the time acknowledged.
In line with Gaspard, the individual emerged from between two autos into Martin’s path.
Gaspard emphasised that evidence evaluations can lead to revised selections.
“We are succesful of assessment that evidence and invent a clear determination. We enjoy performed so in several cases. It is dynamic,” he acknowledged.
Senior magistrate Maureen Baboolal-Gafoor formally pushed aside the charge on December 17.
