BASSETERRE, St. Kitts – CONTRARY to the Hon. Marcella Liburd’s view that the recent legal action taken against the Federation’s Attorney-General (AG) in the dismissal of the Director of Public Prosecutions (DPP) is unconstitutional, the Hon. Vincent Byron Jr. is adamant that the DPP’s contract has expired and that he has passed the age of retirement.
Liburd’s view came in the wake of a press statement issued by Angelina Gracy Sookoo of the Law Offices of Sylvester Anthony, in which it stated that they are lawyers acting for the embattled Travers Sinanan, who is the DPP of St. Kitts and Nevis.
It informed that a claim was filed in the High Court of Justice against AG Byron for “unlawfully attempting to terminate the Director of Public Prosecutions appointment”.
It also informed that the “High Court proceedings further state that the Attorney General made unlawful attempts to dictate, control and/or usurp the work of the Director of Public Prosecutions”.
Additionally, the release noted that despite being repeatedly informed over a period of months that the position of the DPP is, “by settled legal precedent, subject only to the Constitution”, the AG asked Sinanan to leave the Office without any notice on July 31, 2015 and, as a result, Sinanan was forced to instruct his lawyers to immediately act to protect the constitutional position of the DPP.
In an effort to get a comment on this issue, SKNVibes tried contacting the AG but was told he was overseas. However, WINN FM was successful in its quest and AG Byron provided explanations for his action.
“The DPP is asking for a declaration that he has been unfairly terminated. The matter is that the previous DPP, Mrs. Paulina Hendrickson, demitted office sometime in 2013 when she reached the age of 55 and Mr. Sinanan was contracted by the previous Government from July 15, 2013 on a contract for two years. At the time, Mr. Sinanan was 55 years old and today he is 57.
“His contract therefore terminated on July 15, 2015. He is without a contract and the Cabinet of the Government of St. Kitts and Nevis has decided not to renew his contract. That is the basis of what has happened,” the AG told WINN FM.
The statement from the DPP’s solicitors noted that pursuant to the Director of Public Prosecutions (Prescribed Age) Act Cap 22.03, the DPP can lawfully hold Office until the age of 60.
In his explanation of that Act, AG Byron said: “The DPP’s position is a constitutional position, and based on Section 81 of the Constitution it stipulates that there is a prescribed age for the DPP that he should have tenure to the age of 55. But there is a Proviso that suggests that if there is any Act of Parliament that would modify that age of 55, then that would stand. But there is an Act of Parliament - the Director of Prosecutions Prescribed Age Act - that was first passed in 1957. And that Act, a very short Act, all it stipulates that the DPP’s prescribed age is 55. However, it is also on the Proviso that if the DPP, before he or she reaches the age of 55, asks for the position to be extended, it may be extended until the age 60.”
The AG claimed that the DPP is arguing that he was appointed after the expiration of the prescribed age and that he (the DPP) believes somehow that his prescribed age should be the age 60. “And so he is saying that he has been unconstitutionally and unfairly... his contract has not been renewed, and that I asked for him to leave his office, the AG added.”
He continued: “I should add that inasmuch as the matter is before the Court or will be before the Court, I don’t want to discus much more than that at this stage other than to say that he had reached the age of 55, that the Constitution prescribed the age for the DPP at 55, he is now 57, and based on that, the age of Mr. Sinanan, we determined that we will not renew his contract.”
Speaking as a guest on Freedom FM’s Talk show ‘Issues’ last Wednesday (Aug. 12), Chairperson of the St. Kitts-Nevis Labour Party Hon. Marcella Liburd was of the view that the legal action is clear confirmation that the AG has no authority to dismiss a DPP, that it is in breach of the constitution and that job security no longer exists.
Maybe, from this backdrop, WINN FM asked the AG: “How would you respond to the Opposition’s suggestion that he was being pushed out so that the Government could make way for one of its cronies?”
“The point is that he is not being pushed out. Mr. Sinanan has not conformed to the prescribed age of the post and his contract, as such, will not be renewed. We intend to inform the Judicial and Legal Service Commission, once this matter is settled by the Court, because if it goes to Court we will abide by the Court, to advertise throughout the region for the best DPP that we can get to operate here in St. Kitts,” the AG responded.
Seemingly, apart from the prescribed age of retirement, AG Byron has other issues that might have involved the DPP.
“We have had some difficulty. I have had some difficulty with the issue of the conduct of the Assizes. There is an issue before me in which there are a number of people who have been incarcerated and matters are yet to reach the Court. There are other issues involved which I don’t want to discus at this point in time, but that is not the basis on which we have dealt with it. It is a very simple basis! That Mr. Sinanan does not conform to the constitutional provision or legislative provision that he has passed the prescribed age for the DPP.”
The DPP informed that an important issue was brought to his attention concerning the DPP’s departure from the Federation.
“I would tell you that there was an issue - in which he came to me and police - that was important to respond to Mr. Sinanan's request to leave the island quickly. And so we met with him and agreed, I thought, to his request to leave the island quickly to sort of deal with a pending situation that he had that was brought to his attention by the police, and which both of them brought to my attention.
“But there is no doubt that we do not apologise and everything to say that we have determined that Mr. Sinanan’s contract will not be renewed and that we will find the best DPP possible who is available to come to St. Kitts, whether it is a Kittitian or Nevisian or somebody within the region. Because, we intend that our criminal justice system will be as strong as it can be in our fight against crime and the protection of the people of St. Kitts and Nevis.”
Asked if he had breached the Constitution in relation to his action against the DPP, the AG responded in the negative.
“I have not breached any constitutional provision; I have not breached that at all! I have heard something of that nature and I think that it is malicious. I think it is wrong and I feel that what has happened to date has been downfalls of the Constitution and I will stand behind the actions today, where a Director of Public Prosecutions is appointed by the Governor-General on the recommendation of the Judicial and Legal Service Commission.”
Reiterating the Government’s position on the issue, Byron said he had held discussions with Sinanan in which he made it known to him that “we will be writing to inform the Judicial and Legal Service Commission our intention of not renewing his contract, which is expired”.
This publication has learnt that Sinanan is still performing the duties of DPP and his continuance will be determined by the outcome of the High Court proceedings.
