Commentary: DPP Adlai Smith: Federation Of St. Kitts/Nevis Pitbull Of Prosecutions

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DPP ADLAI SMITH: FEDERATION OF ST. KITTS/NEVI ‘PITBULL OF PROSECUTIONS’

RAWLSTON POMPEY

Whether or not he was to be considered the ‘Pitbull of Prosecutions,’ newly appointed ‘Director of Public Prosecutions (DPP) Adlai Smith,’ may still find the road to travel challengingly long and difficult.’ While he may not necessarily have invited the administrative wrath of ‘Attorney General, Garth Wilkins,’ none may feel overly-elated for criminalizing privilege-positioned people of the Federation of the twin-island nation of ‘St. Kitts and Nevis’ [Winnfm: September 29, 2023].

CROOKED AS A CORK SCREW

None shall deny the need for ‘Good Governance. None may also deny the need for ‘Public officials’ to remain ‘squeaky clean’ while in public office. Few understood that ‘Public office is public trust.’ Many that had accepted certain positions in governmental institutions, had entered ‘spotless.’ It has never been beyond public perceptions, that many had come out with more blemishes on their character, honesty and integrity, than ‘spots’ on a leopard. Similarly, many that have entered ‘Government’ as paupers, yet almost as straight as an arrow, were known to have come out as ‘Crooked as a Cork-Screw.’

AMASSMENT OF WEALTH

Frequently, they have been accused of the acquisition and/or ‘Amassment of Wealth’ that were reasonably suspected to have been starved for legitimacy.’ That which was also widely known in most regional jurisdictions was that the ‘corruptible; schemers; dealers; and fraudsters,’ though called upon to justify their almost overnight suspected wealth, had never been positioned to give public accountability. In another jurisdiction. newly appointed ‘Public Prosecutor, Adlai Smith’ has attempted to change the cultural landscape of ‘Bribery and Public Corruption.’

PERSPECTIVE

In looking at the subject-matter, it was considered prudent to look at these news portal reports; ‘Basseterre, St. Kitts: ‘The office of the Director of Public Prosecutions wishes to remind all concerned parties, that the deadline for ‘Filing Declarations’ in compliance with the  ‘Integrity in Public Life Act (IPLA)’ is swiftly approaching with final date set for February 1, 2024’ [St. Kitts/Nevis Observer: January 18, 2024].  The ‘Act’ States that ‘Declarations are to be filed with the Integrity Commission annually’ [IPLA: Chapter 28.18: Section 8].

LEGISLATIVE INITIATIVE

The ‘Legislative Initiative,’ shortly titled; ‘Integrity in Public Life Act,’ was; (i) ‘Passed by the Federal National Assembly of St. Kitts and Nevis [September 9, 2013]; (ii) Given the Legislative No: 18’ [2013]; (iii) Five years later, it came into force’ [July 11, 2018]; and (iv) Six years later; (a) ‘Given effective compliant attention by a ‘Pitbull of Prosecutions; and (c) Attacking from ordinary-privilege-positioned ‘Public officials’ to the Magistracy.’

DICTATES OF THE DPP

No matter the language in which it was couched, ‘DPP Adlai Smith’ through the media had made it publicly clear that he had submitted  ‘Recommendations’ to the ‘St. Kitts/Nevis Integrity Commissions (SKNIC).’ It was also clear that the ‘Chairperson, an eminent Retired Justice, Pearlette Lanns,’ had subjected herself and the Commissioners to the ‘Dictates of the ‘DPP.’ Since there has been no expressions of displeasure, it could reasonably be inferred that the ‘Commissions’ may have been receptive to either; (a) ‘The Solicited; or (b) Unsolicited Recommendations.’ Dedicated to the venerable ‘Dr. Denzil Douglas’ for his foxlike cunningness, wit and intellect.

SADDLED AS A DONKEY

Be it mistaken or unmistaken, there has been the appearance that both ‘Chairpersons’ of the ‘St. Kitts and Nevis ‘Integrity Commissions,’ may have sought, and foisted their responsibilities’ upon newly-appointed ‘Director of Public Prosecutions (DPP), Adlai Smith.’ Though he shall be encouraged, he may not even have suspected that he may have been ‘Saddled as a ‘Donkey’ for a race in a ‘Horse Derby.’ Seemingly, finding the media glitz irresistible, in delight, the exuberant ‘DPP,’ spoke glowingly of his prosecutorial plans for ‘Public officials.’

STATE FUNCTIONARIES

None may find difficulty understanding the ‘Functional Roles’ of; (i) ‘Director of Public Prosecutions (DPP), Adlai Smith; and (ii) Chairpersons of the ‘St. Kitts and Nevis Integrity Commissions (SKNIPLC), Pearletta Lanns (Retired Justice (OECS); and Recaldo Caines.’ That which two of the three ‘State Functionaries’ have in common, is a ‘Legal’ background. The former appeared before the Judiciary as a ‘Crown Prosecutor,’ while the latter sat as adjudicator and/or arbiter with the ‘Eastern Caribbean Supreme Court (ECSC).

SENSATIONAL NEWS

When news, ‘Sensationally’ broke that newly-appointed ‘Federation of St. Kitts and Nevis, Director of Public Prosecutions (DPP), Adlai Smith’ had charged some 9-public officials,’ it nether borne ‘Fact nor Truth.’ None of the identified public officials has ever been; (a) ‘Arrested; or (b) Charged.’  This was neither so by the Police in whom; ‘Powers of Arrest’ resides at; (i) ‘Common; and (ii) Statute Law.’ The news portals scooped the news that were circulated universally. Reporters may not have heard the ‘DPP’ speaking to the issuance of summons.

COWED INTO SUBJECTION

That which shall be known to all a sundry, is that, neither the ‘Integrity Commission,’ nor the ‘DPP,’ enjoys ‘Powers of Arrest.’ The Process,’ calls for; (i) ‘Filing of ‘Complaints Without Oath; (ii) Issuance of Summonses by a Magistrate; and (ii) Timely service on the named Defendants.’ Such Summons shall contain the necessary particularities of the offence/s.’

SENSATIONALISM

Moreover, no such powers reside, neither in the ‘Office of Director of Public Prosecutions,’ nor the holder of the office. Such news was good only for ‘Sensationalism.’ Even so, something was about to happen to ‘9-public officials,’ ironically, one of whom was a ‘Sitting District Magistrate.’ While it may have inspired much media and public interests, that which was reportedly underway was the preparation of ‘Court Processes.’

PROSECUTORIAL EXPLOITS

While the enthusiastic ‘Public Prosecutor Senior,’ then Crown Counsel, Adlai Smith’ may have been a terror to ‘former Antigua and Barbuda Director of Public Prosecutions (DPP), Anthony Armstrong,’ nothing appeared to have held terror for him. None had posed a threat, neither to his ‘Prosecutorial Exploits,’ nor his ambitions or desires in heading ‘an Office of the Director of Public Prosecutions.’ Engaged to conduct ‘Public Prosecutions’ in the ‘Federation of St. Kitts and Nevis,’ clearly fulfilled his ‘Hopes and Aspirations.’ Congratulations.

PRIVILEGE POSITIONS:

The course of action initiated in collaboration with the ‘Integrity Commission,’ appeared capable of prompting inferences that the individuals publicly identified, were specifically targeted by an apparent environmentally-exploited and ‘an Integrity Commission,’ seemingly ‘Cowed into Subjection,’ through the ‘Office of DPP.’ That which people have long come to realize, was that those given ‘Privilege Positions,’ shall do the unthinkable. Thus, nothing shall befuddle the human mind.

NO INTEGRITY

It was widely known that some ‘Integrity Commissions,’ invariably gave the impression, that they have ‘No Integrity.’ It was also known that not infrequently, the membership has allowed themselves to be exploited by the environment. The experiences of a veteran Law enforcer, John Pelle 61; (i) ‘Served for ‘43-years; (ii) Deceased with active membership at the lowly rank of ‘Senior Sergeant’ [Antigua News Room: January 7, 2024].

MORE IRONY

Most ironical, half the membership of the ‘Police Service Commission (PSC)’ has been Police Retirees with ranks of: (a) ‘Inspector: (b) Superintendent; and (c) Deputy Commissioner.’ Even more ironical, some appeared to have deprived the deceased office of the prestigious ‘Queen’s Police Medal (QPM). Still, ‘More Irony,’ in an apparent farcical ‘Medal Ceremony’ he was awarded a ‘Medal for Meritorious Service’ [Real News: November 5, 2021].

TARGETED DRAGNET

Actually, a friend, and well known to the author, the ‘Public Prosecutor’ appeared saner, than most of the membership of some ‘Commissions.’ In his prosecutorial position, that which might reasonably be inferred, may have been; (i) ‘The way the ‘St. Kitts/Nevis Commissions’ should run their affairs; and (ii) Devising a strategy of a ‘Targeted Dragnet; (a) ‘Desired results; and (b) Initiatives  that shall have psychological impact on the hesitant or defiant non-compliant Declarants.’

PROSECUTORIAL TIGER

It was also clear from; (a) ‘Letters purportedly written to certain ‘non-compliant Declarants,’ a ‘Prosecutorial Tiger,’ was lurking to prey on those identified by the ‘Commissions.’ That which, in some regional jurisdictions, appeared to have prompted ‘Serious Queries,’ was; ‘How a person taking up ‘Public office’ in ‘October 2023,’ becomes so intimately familiar with the cultural landscape of the jurisdiction within 90-days?’

MORIBUND INTEGRITY COMMISSION

It also begs other probing questions such as; ‘What empowers a ‘Director of Public Prosecutions (DPP),’ to take over, and perform the administrative functions of the ‘Integrity Commission?’ In spite of these ‘Queries,’ it was obvious that there may have been the need for an injection to stimulate the operational life of an apparent ‘Moribund Integrity Commission.’ Clearly not seen as an interventionist, the ‘Commission’ appeared well-positioned to overcome existed challenges.

RADAR OF PROSECUTION

Notwithstanding, the action taken, ‘Declarants’ shall have been circumspect, that a ‘Prosecutorial Tiger’ was about to be released upon them from the ‘Cage of the Integrity Commission.’ The ‘non-compliant ‘Declarants,’ shall have been mindful that they may have been long kept under the ‘Radar of Prosecution.’ It may have been only a matter of time, before the ‘Government’s crazed or crazy ‘Public Prosecutor,’ done the desirable. Even so, neither of the two ‘Chairpersons, Pearlette Lanns and Recaldo Caines’ shall escape ‘Public Scrutiny.’ Neither may dissociate the ‘Commissions,’ nor themselves from the course of action initiated by the ‘DPP.’

PROSECUTORIAL ACTIONS

That which may have influenced him appeared mindboggling. An apparent ‘Targeted Dragnet,’ backed up by intimidatory tactics and threat of prosecution of those alleged to have been ‘non-compliant,’ have left the ‘Magistracy,’ totally embarrassed. There was no way ‘Her Ladyship, Justice Pearletta Lanns,’ now retired, may dissociate herself from the ‘Prosecutorial Actions’ initiated against ‘8-ordinary public officials and a ‘District Magistrate, His Worship Fitzroy Eddy’ [Times Caribbean Online: February 1, 2024].

FILING PROCESS

This view was held, in spite of the latter’s public expression of displeasure with the ‘long-winded process of filing supporting documents, that he alluded was a disadvantage to the Commission’ in completing examination of the ‘Declarations’ [St. Kitts/Nevis; (WINN): December 9, 2023]. Should the summoned non-compliant ‘Declarants’ found the process equally as cumbersome, there may be no reason why they may not cause the ‘Chairperson Recaldo Caines’ to be subpoenaed to give evidence on behalf of the defence.

PRE-EMPTIVE ACTION

Notwithstanding, the ‘Pre-emptive Action,’ the ‘Chairpersons’ shall have known that the office of ‘DPP,’ has no legitimate administrative functions, or responsibility in receiving and examining ‘Filed Declarations.’  It shall be authoritatively stated, that the ‘DPP’s Reminders to ‘Declarants,’ were not only appeared inept, but starved for legitimacy and constitutional or statutory authority. In ensuring that there was clarity of understanding, the Section of law, as hereunder refers, is provided for even a ‘Second Former at the ‘Cayon High School and Third Former at the ‘Gingerland Secondary School’ to know.

SATISFACTION OF BREACH: REFERRALS TO DPP

It was not expected that ‘Kindergarteners’ to know these provisions. The statutory provision unambiguously states; ‘A person who fails, without reasonable cause to furnish the ‘Commission’ a declaration, commits an offence under the ‘Integrity in Public Life Act (IPLA)’ [Chapter 22.18: Section 30 (1)]. Instructively, the ‘IPLA’ provides for the ‘Commission’ to make ‘Referrals to the Director of Public Prosecutions.’ For ease of reference, it states; ‘Where the ‘Commission’ is ‘Satisfied that a Breach’ of any of the provisions of this ‘Act’ has been committed, the ‘DPP’ shall take such action as deems fit’ [IPLA: Section 37 (1) (a)].

SCHEME OF COLLUSION

That which inferentially speaks to a well-orchestrated ‘Scheme of Collusion’ between the two ‘Commissions (SKNIC)’ and the ‘Office of DPP,’ might be discerned from this news report. Whether or not it was not so considered, it may have been a tactical communication error, when media reports quoted ‘DPP Adlai Smith’ saying; ‘He has engaged closely with the Commission to address several pertinent issues, and submitted recommendations to ensure adherence to the legal requirements’ [St. Kitts/Nevis Observer: February 1, 2024]. Such disclosure appeared administratively unwitting.

INTER-AGENCY COOPERATION

Guided by the functional principle, ‘Inter-Agency Cooperation,’ the ‘DPP’ appeared to have tasked himself with assisting the ‘Integrity Commissions’ in ‘Promoting a Culture of Integrity and Accountability’ [Office: Integrity Commission]. However, it worked, let it be. Those that are familiar with ‘Law Enforcement,’ know that ‘Magistrates and Clerks of the Courts,’ are not as daft, as to cause a ‘Summons’ to be issued against a Defendant  without a ‘Complaint’ being filed in the name of the person or authority, making such complaint.

SHORT LIST

The ‘Short List of ‘non-compliant Declarants’ included; (i) ‘Magistrate, Fitzroy Eddy: (ii) Broadcaster, Saju N’Gla; (iii) Government-employed Urban Developer, Ricky Lenrick Lake; (iv) Air/Sea Port Manager, Oral Brandy; (v) Nevlec Chairperson, Steadmon Tross; (vi) Nevlec Manager, Albert Gordon; and (vii) Nevis Tourism Authority Chairperson, Pamela Martin.’ It begs this question; ‘Where was the ‘Attorney General and Principal Legal Adviser to his Government, to guide the understanding of the ‘Integrity Commissions?’

INTEGRITY MATHEMATICIANS; STARTLING REVELATIONS

It was obvious that the ‘Commission’ has among the membership ‘Integrity Mathematicians.’ Proportionately, the ‘Math’ persons ensured there was equality in numbers. Seemingly carefully ‘Targeted,’ there were three non-compliant Declarants on both ‘St. Kitts and Nevis.’ When the ‘Dragnet’ was implemented, it saw ‘Startling Revelations.’ It saw the published names and identities of those so ‘Targeted,’ be they ‘Declarants or Non-Declarant.’

WRONG PREY

Even sometimes, ‘Tigers’ may attack the ‘Wrong Prey.’ So too, were impotent ‘Integrity Commissioners and overzealous Prosecutorial Tigers.’ Seemingly, in indecent haste to institute criminal proceedings against non-compliant Declarants, prosecutorial exuberance saw this news portal apology; ‘The DPP’s office issued an unreserved apology to ‘Ms. Oureika Petty,’ a Coordinator with the ‘National Office of Disaster’ [Times Caribbean Online: February 1, 2024].

GRAVE LITIGIOUS ERROR

Since the ‘Director of Public Prosecutions (DPP),’ inferentially, may have been acting on behalf of these ‘Chairpersons,’ none could dissociate him/herself from the ‘Grave Litigious Error.’ This may have been equally embarrassing to the named person, as it may have been for; (i) ‘DPP Adlai Smith; (ii) Chairpersons of the of the St. Kitts and Nevis Integrity Commissions (SKNIC), Pearletta Lanns and Recaldo Caines.’  Such an ‘Apology,’ makes litigious consequences damning against both; (i) ‘The Integrity Commissions’ for misleading the DPP; and (ii) The ‘DPP’ for apparently misdirecting himself, in causing to be published ‘False Information’ on an innocent citizen.

INDICTABLE PENALTIES

Accepting the contents of the news report as verified facts, it has shown that people may use their intellect and egoistic ambitions, in ways that marvel; That even those that hold the positions of: (i) ‘Integrity Commissioners; and (ii) DPP’s, would go in seeking to destroying legal counterparts. In criminal prosecutions of those that were alleged to have become ‘Offending Declarants,’ each now faces ‘Indictable Penalties,’ if convicted. This includes; ( a) ‘The imposition of Fine of EC$30, 000; or (b) In default of payment, a term of ‘Imprisonment’ that was not to exceed 5-years’ [IPLA: Section 30 (1)].

EXPLOITED COMMISSIONERS’ IGNORANCE

This, any ‘Judge,’ whether sitting or retired or other person holding positions on these ‘Commissions,’ shall know that they run the risk of being seen by the ‘offending Declarants’ as ‘Collaborators.’ Such may also have caused the ‘Director of Public Prosecutions (DPP),’ to have harbored the view that they were reckless not knowing sufficiently, the provisions respecting ‘Integrity in Public Life.’ This would have been good reasons for a ‘DPP’ to have ‘Exploited the Commissioners’ Ignorance.’

INTIMIDATORY TACTICS

The news portal also reported; ‘Directorate, Adlai Smith reinforced the ‘DPP’s  ‘Unwavering Resolve’ to prosecute any violations of the Integrity in Public Life Act’ [Chapter 28. 18: Laws: Federation of St. Kitts and Nevis]. The following paragraph speaks to a ‘Prosecutorial Scheme.’ Clearly using ‘Intimidatory and Prosecutorial Tactics,’ the news story continued;  (a)‘Whether it be in St. Kitts or Nevis, the persons who are required to ‘File Declarations,’ I am appealing to you to file’ [February 1, 2024]. This was never an administrative function of the ‘DPP.’

THREAT OF PROSECUTION

Ensuring that the ‘Intimidatory Tactics’ worked, the ‘DPP’ was further quoted, saying; (b) ‘I am just letting you know, one last time, that I am very serious about it.’ Saturating the minds of the ‘non-compliant Declarants with the ‘Threat of Prosecution,’ media reports finally quoted him saying; (c) I have the charges filed; and (d) It is just to put in the information that I need administratively, to make the Summons work.’ As it relates to the prosecutorial process, ‘Complaints’ may be filed in the name of the ‘Integrity Commission.’ Constitutionally, such may also be filed in the name of the ‘DPP’ [SKN: CO: No.881 of 1983: Section 65].

BENEFIT OF KNOWLEDGE

For the ‘Benefit of Knowledge,’ and/or academic interest, where no formal arrests were made on the non-compliant Declarants, this process calls for  ‘Complaint Without Oath and Summons,’ bearing particularities of the offence to be filed and issued. Still, it begs the question; ‘What administrative information was needed’ by ‘Director of Public Prosecutions (DPP), Adlai Smith,’ to complete the formalities of ‘Filing Complaints and apply for Issuance of Defendant Summons?’

FAILING TO FURNISH DECLARATION

In the instant cases, the accused persons may be summoned to answer the ‘Complaints; ‘Failing to Furnish Declarations’ to the Commissions on these particularities; (a) ‘Interest in property; (b) Income; (c) Assets; (d) Liabilities; (e) Gifts- Cash or in kind received by; (i) ‘Him/herself; (ii) Spouse; or (iii) Dependent children’ [IPLA: Section 5]. Such information could only be ascertained by Commission-appointed Investigators [IPLA: Section 24]. This may also be an exercise, that likened to the ‘Commission and the DPP,’ they shall also find challenging in marshaling the pertinent information.

THE DECLARANTS

Consequent upon the post or positions held in ‘Government,’ the ‘Act’ identifies the ‘Public Officials’ as; (i) ‘Members of the National Assembly; (ii) Speaker of the National Assembly; (iii) Ministers of Government; (iv) Parliamentary Secretaries; (v)  Permanent Secretaries; (vi) Heads of Department in Government Ministries; (vii) Solicitor General; (viii) Legal officers above Grade K40; (ix) Heads of Diplomatic Missions; (x) Head of Armed Forces; (xi) Commissioner of Police; (xii) Superintendent of Prisons.’ The ‘Act’ provides for a ‘period for ‘Filing Declarations’ that Declarants be notified by a published ‘Order’ [Section 5 (1)].

OTHER PUBLIC OFFICIALS

Even without a specific date, no ‘Declarant’ shall be reckless or feign ignorance not to have informed him/herself of the provisional requirements. Ensuring that other ‘Public officials’ were umbrellaed under the ‘;Integrity in Public Life Act,’  the list includes; (xiii) Director of Audit; (xiv) Chairpersons of Statutory Bodies; (xv) Board members; (xvi) Directors of majority State-owned/controlled Banks/Other financial institutions/companies; (xvii) Managers of such entities; (xviii) Chairperson of Political party; (xix) Executive members; and (xx) Declared political party candidates’ [IPLA: Section 3].

PUBLIC CORRUPTION

Research has revealed that a certain internal body, with membership in association with each other to curb ‘Public Corruption,’ was recently conferenced in ‘Guyana.’ The body is called the ‘Commonwealth Caribbean Association of Integrity Commissions, and Anti-Corruption Bodies (CCAICACB).’ Except for the well-learned and those that may have been well-positioned to be informed,  few ‘grassroots’ people may have heard of it. To those living at the ‘Edge of Poverty,’ such body has no significance to the indigent.

CCAICACB CHALLENGES

Chairperson of the Conference, and ‘St. Kitts and Nevis Integrity in Public Life Commissioner, Pearletta Lanns’ (Retired Judge), reportedly highlighted certain ‘Challenges’ that had faced the ‘Commissions.’ The most fundamental challenges that were highlighted included; (a) ‘Lack of support; (b) Issues with independence; and (c) Impartiality.’ These have been the shared experiences of all the nations then represented [Guyana: Communique: May 17, 2023].

POWER OF TRUTH: ADMINISTRATIVE SUPPORT

Speaking to the ‘Power of Truth,’ the ‘Conference Chairperson, Pearletta Lanns’ may have prompted inferences that ‘Administrative Support’ was gravely lacking. Such could only have been inferred as among the myriad of difficulties posed by the governing administrations. This distinguished and eminent ‘Justice’ shall know, or may have been reckless not to know that interference with; (a) Independence; (b) Impartiality; and (c) Integrity,’ has always been part of being given ‘Privilege Positions.’

CONCLUSION

Given the constitutional functions of the ‘Director of Public Prosecutions,’ the ‘Chairpersons’ of the referred ‘Integrity Commissions,’ were appointed to perform the statutory and administrative functions of all ‘Government-controlled Commissions.’ Those that were well-known include; (i) ‘The Public Service; (ii) Police Service; (iii) Electoral; and (iv) Integrity Commissions.’ Consequent upon their constitutional and/or statutory purposes for these ‘Commissions,’ only the ‘Chairpersons shall perform the stipulated functions. They need no reminders that ‘Truthfulness; Sincerity; and Honesty,’ are all part of the concept called-Integrity.’ Moreover, no matter the indiscretions, they shall always respect the dignity and worth of the human person. It further begs three fundamental questions; (i) ‘Was ‘DPP Adlai Smith’ acting on his own behalf; or (ii) On behalf of the Chairpersons and membership of the ‘St. Kitts/Nevis Integrity Commissions? or (iii) At the behest of influences in the environment?’ These are questions, the ‘Chairpersons’ may not wish to purge their consciences. ***

 

 

 

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