SOURCE: Credit: Kisean Joseph | NewsCo Ltd – A former police commissioner is calling on Director of Public Prosecutions Clement Joseph to provide greater transparency regarding the discontinuation of a major cannabis importation case involving a Canadian national.
Attorney-at-law Wendell Alexander argued that the Office of the Director of Public Prosecutions, as a key public institution within the criminal justice system, has a responsibility to properly explain decisions made in matters of significant public interest.
Speaking on Observer Radio’s Voice of the People programme, Alexander said the public deserved more than a brief explanation referencing medical grounds.
“In the interest of transparency, I would say that the public has a right to know because the office of the Director of Public Prosecutions is a public office,” Alexander said. “When certain major decisions are taken, especially if the matter has become a cause célèbre, to give a proper explanation before the general public is good for the justice system.”
In an interview with Observer Media, DPP Clement Joseph clarified that the matter was not discontinued because the accused was unfit to plead, contrary to speculation circulating on social media.
According to the DPP, the woman is reportedly suffering from an advanced stage of cancer and Antigua and Barbuda would be unable to adequately support her medical needs if she remained incarcerated locally. He also noted that the decision had been under review since March and was not made hastily.
Alexander, however, questioned whether the standard legal process had been followed. While acknowledging that he did not possess all the facts surrounding the matter, he pointed to previous cases in which defendants initially deemed medically unfit later returned to court once cleared by medical professionals.
“There is a misconception that the actions of the DPP cannot be challenged in court, and it can be,” Alexander stated. “The DPP, though he holds wide powers under the Constitution, his actions can be challenged if it is deemed to be unreasonable, or if it is deemed to be an abuse of authority. It can be challenged in the High Court of Justice by way of judicial review.”
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Joseph rejected suggestions that his office was contributing to declining public confidence in the justice system. Instead, he blamed misinformation and speculation spread on social media.
The DPP referenced another recent drug matter involving a Jamaican national in which he was publicly accused of withdrawing charges despite only receiving the case file after the allegations had already circulated online.
He further maintained that the Constitution grants the DPP discretionary authority and that prosecutors across the Caribbean do not typically hold press conferences to justify decisions in individual cases.
Alexander also raised concerns about the police-involved shooting death of 18-year-old Khaleel Simon, alleging that officers failed to follow proper procedures during the incident.
Alexander, who has been retained by the Simon family, claimed that a Criminal Investigations Department officer used his private vehicle to pursue Simon after reportedly receiving WhatsApp messages from a female associate. He further alleged that a uniformed officer who exited the same vehicle discharged his firearm without first identifying himself or ordering Simon to exit the vehicle.
“There is absolutely no right for a police officer in his private vehicle, bring another officer in uniform at the scene and accost Khaleel Simon,” Alexander said. “That’s not the way in which this process and this operation ought to be done.”
He further claimed that no weapon was recovered from Simon’s vehicle following the shooting.
The DPP confirmed that the Simon matter remains under active police investigation and said his office has not yet become involved.
Alexander is also advocating for the establishment of an independent body to investigate police-involved incidents, timely public statements in major national matters, and the consolidation of criminal legislation into a single penal code.
He confirmed that the Simon family is preparing to file a wrongful death lawsuit.
Meanwhile, the DPP emphasized that the cannabis importation matter remains technically alive and could be reopened in the future if circumstances permit.