BASSETERRE, St. Kitts – THE case brought against Attorney General the Hon. Vincent Byron Jr. by the Director of Public Prosecution Travers Sinanan is expected to head to trial next Monday (Sept. 21) after attempts to settle out-of-court proved futile.
According to the Sinanan’s case, the Attorney General made an unlawful and unfair attempt to terminate his services by not renewing his contract. The 57-year-old contends that he continues to function as DPP and, according to constitutional provision, could do so until the age of 60.
The Government/Attorney General maintains however that it was well within its right and also within the realms of the law not to renew Sinanan’s contract after it had expired on July 31, 2015. It also maintains that according to the Director of Public Prosecutions (Prescribed Age) Act, the person who fills the DPP post can do so until the age of 55. And an extension up until 60 can be granted, however, that arrangement must be made before he or she reaches age 55.
When Sinanan was contracted to fill the DPP post in 2013, he had already attained the age of 55 years.
Counsel for the Government/Attorney General and counsel for the DPP appeared before the court today (Sept. 14) for the trial of the matter.
Before the case could advance, both parties engaged in discussions with a view to reaching a settlement. Upon resumption of the matter however, counsel for the Attorney General Douglas Mendes SC suggested to the court that more time was needed for further discussion to take place.
The additional time was granted and when the court resumed this afternoon, it was indicated that there was no success at arriving at a settlement.
Resultantly, the court, which was presided over by Justice Marlene Carter, set a trial date for September 21 and ordered that any further written submissions are to be made by Friday (Sept. 18).
Speaking with the media, Anthony described the case as a “serious” one and held that Sinanan remains the DPP until a determination of his status can be made.
“We believe that this is a very serious case. Our position has been and remains that Mr. Sinanan is the DPP and he is the DPP until such time as a decision…as to his tenure (is made). In this case, depending on what it is that they want to get rid of him, the Constitution says what has to happen and we are pleased that the order which was obtained today recognizes that Mr. Sinanan remains the DPP, the status quo remains until the determination of this matter…”
The Attorney General also spoke with the media following today’s events and explained that the Government is confident about the soundness of its case and awaits the court’s decision on whether or not, given the circumstances, Sinanan is the DPP.
“We are very confident about our case and we are reinforced by documents that we have. What I would say is that we do need to have the matter resolved as quickly as possible in the public interest in relation to the administration of justice…
“But we would have liked to have had the question of Mr. Sinanan being resolved by the court expeditiously. It is our cases that he does not hold the office of Director of Public Prosecution, it is his case that he does. And so we need the court to resolve that question quickly so that there could be certainty as we go forward.”
