THE EDITOR, Sir:
Below is an open letter to Director of Public Prosecutions Paula Llewellyn.
My dear friend Paula,
You have been reported as saying that in substance lawyers in INDECOM (Independent Commission of Investigations) cannot prosecute without your fiat.
I think you have been misquoted because I am confident you are aware that only where there is statutory provision requiring your fiat, your fiat is necessary.
However, in practice your fiat is sought in prosecuting indictable offences in the Resident Magistrate's Court to give the assurance that you will not exercise your powers under the Constitution to intervene.
The common law gives the right to every citizen to prosecute, and until a statute expressly repeals that right or makes provision as in section 289 of the Judicature (Resident Magistrates) Act below, that right continues.
Afortiori, all lawyers have that right subject to the said section 289.
Section 289: In trials for indictable offences and in summary prosecutions for such classes of offences as the Minister may from time to time direct, the Clerk of the Courts shall, excepting in cases where a barrister, advocate or solicitor appears on behalf of the prosecution and cases in which the Director of Public Prosecutions or someone deputed by him conducts the prosecution, be the officer to conduct the prosecution.
Usual best regards.