The National Newspaper of St. Vincent and the Grenadines
FRIDAY,
JULY 19 , 2013
VOLUME 107, No.29
www.thevincentian.com
EC$1.50
Above: Colin John, Asst. DPP, says the law makes provisions for charges to be re-instituted. Left: Andrew Pilgrim, lawyer for Senator Frederick, is anxiously awaiting to hear the basis for bringing the same charges twice.
by HAYDN HUGGINS
Senator Vynnette Frederick says the reinstituting of the charges smacks of persecution.
ASSISTANT DIRECTOR of Public Prosecutions, Colin John, is adamant that the office of the DPP acted within the ambits of the law when it directed the police to re-arrest and re-institute criminal charges against opposition New Democratic Party (NDP) Senator, Vynnette Frederick. About two and a half hours after Magistrate Rickie Burnett, sitting at the Kingstown Magistrate’s Court last week Thursday, June 11, had struck out three charges of making false declarations and three for false swearing, involving the senator, she was re-arrested, the said charges reinstituted, and three additional charges relating to the fabrication of evidence laid against her. Magistrate Burnett had earlier upheld an application by Frederick’s attorney, Andrew Pilgrim of Barbados, to strike out the false declaration and false swearing charges, on the basis that they did not provide sufficient particulars for his client to know what charges she was facing. The charges, for example, did not specify the words Frederick used.
Those charges were re-instituted under section 96 of the Criminal Code, while those relating to the fabrication of evidence were laid under section 101 of the Criminal Code.
Within the law “The law makes provisions for charges to be re-instituted. If they (defence) feel otherwise, they are at liberty to make alternative submissions. The office of the DPP did not act outside the ambits of the law,” the Assistant DPP, who is leading the case for the prosecution, declared while speaking to THE VINCENTIAN on Tuesday. However, Pilgrim told the publication, during a telephone conversation on Monday, “I am looking forward to hearing the basis for him bringing the same charges twice. The magistrate gave him
every opportunity to amend the charges. He amended them, and they still got knocked out. Even if he says that he is bringing them new, in my opinion, they are the same charges. I am looking forward to hearing the justification for these charges in Court.” Pilgrim assured that the defence is prepared to deal with the matter when it comes to Court. Frederick is also represented by Keith Scotland of Trinidad and Tobago.
First round of amendments At the commencement of a hearing, April 30, at the Georgetown Magistrate’s Court, the matter was stood down for the Assistant DPP to amend the charges, after Pilgrim stated that the information on the charge sheet was not sufficient for him and his client to know what charges she had to answer. Continued on Page 3.