Complainants requesting court cases to be discontinued a trend
The Office of the Director of Public Prosecution (DPP) has said it will not accept any letters – whether notarised or not – from any complainants or legal representatives of a complainant asking for a matter to be discontinued before the courts.
The DPP’s office said the announcement follows a disturbing and unacceptable trend of complainants submitting letters for matters to be discontinued despite clear instructions to not send those letters.
“If a complainant no longer wishes to proceed, it is mandated they attend the police station and give a witness statement to that effect,” the press release said.
“The decision to discontinue proceedings rests solely with the Director of Public Prosecutions. Just because a complainant no longer wishes to proceed does not automatically mean that the matter will be discontinued,” it further said.
The DPP’s office also noted that there are several offences that are so severe that the prosecution of these matters is in the best interest of the public. Therefore, such cases will not be discontinued, even if a request to do such is received.
Those matters include domestic violence cases (including domestic violence between parents, children and siblings), murder or attempted murder, wounding or grievous bodily harm, assault occasioning bodily harm, burglary, drug offences, theft, and other crimes of dishonesty (such as obtaining by deception, false accounting) and sexual assault including rape and indecent exposure.
The list also includes offences where children are victims, offences where elderly persons are victims, breach of trust or public officer offences and offences that involve proceeds of criminal conduct.
You must testify
The DPP further advised the public that persons who provide witness statements are required to attend court, especially if a summons or subpoena has been issued.
“Failure to comply with a court-issued summons or subpoena could be met with court action,” the statement read.
“If a virtual complainant or witness believes they are at risk or have been threatened, they should contact the Commissioner of Police, without hesitation. It must be appreciated and respected, that all reports made to law enforcement concerning a criminal offence, are taken very seriously,” it continued.
The office highlighted that law enforcement resources are invested to ensure the investigation and prosecution of all criminal reports made.
“When a complainant or witness decides they do not want to proceed or to give evidence at court, it not only undermines the criminal justice system, it wastes law enforcement resources which could have been applied to another matter,” the DPP’s office said.
“The public is kindly reminded that threatening, persuading, or otherwise influencing a virtual complainant or witness to not give evidence, not appear at court, alter their account of a matter and any conduct that could disrupt, hinder or halt a criminal investigation or prosecution is considered a criminal offence and offenders shall be investigated and prosecuted,” it continued.
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YOU AND THOSE WITH POWER, YOU ALL IS GIVING THESE WANNABE GANSTERS WHO IS KILLING HUMAN BEINGS IN COLD BLOOD THE LICENSE TO CONTINUE THEIR KILLING SPREE , I HOPE YOU ALL FEEL PROUD ? MORE POWER TO YA ALL
I have a domestic matter that happened since 2018 and I kept calling to find out what’s going on. They told. Me oh I ain’t see nothing here. So I don’t know what’s going on.
Isn’t a policy to never consider discontinuing prosecutions of certain offences when requested by the victim is a fetter on the discretion of the DPP, and therefore unlawful.
Where does the law say that a person who has given a witness statement is obliged to attend court absent a subpoena?
Did the DPP take legal advice before issuing this press release or is she relying on her own opinion?
Is this sort of lack of attention to detail and the requirements of the law indicative of the problem that the DPP has in getting case beyond submissions of no case to answer?
There is an old saying that there are no foolish questions.
How hard is it to replace the O in the Government name on the building? This has been so for years now. It is just an example of how sloppy this place is run. No pride is taken on the most basic things.
@??? Just look at who is running the country.
Your contribution is spot on.
This is so DUMB!! So if the complaint is no longer interested how will you win the f**kimg case without their support? These things should be reviewed on a case by case basis and not done in a blanket manner.
Exactly why she is losing cases left right and center then talking about appeal.
If your own witnesses does not want to comply, how will you win that case?
Nonsense.
If the DPP has any judgment then she would know this, but all she ever demonstrates is poor judgment, high arrogance, and suspect legal skill.
They kept the recent group held for murder for 4 years before their lawyers got them off. FOUR YEARS! Who has that kind of time? I went to court last year as a witness. The case was concluded. From then to now there has been no decision by the judge. What the heck is going on here? I’m surprised they even mention domestic violence because most victims can’t even get past the police station and writing a police report, much less getting to court. This is all BS.
pure distraction to hide her incompetence
they ignored letters even before the matter reached the court as long as it an easy win for them.