DIRECTOR of Public Prosecutions Ronald Bei Talasasa says he struck off a case in relation to a killing in November 2008 because there’s no evidence against the suspect.
John Gideon Hunter was charged with murder in relation to the killing of John Iki Isu on the morning of 1 November 2008 at Ranadi, east Honiara.
But Hunter was released several days later after police investigators advised Mr Talasasa there’s no evidence linking the suspect with the murder.
Freelance journalist Alfred Sasako recently dug up the case and reported in this paper that Mr Talasasa gave no reason for his decision to strike out the case.
Mr Sasako reported police were still gathering evidence when the DPP signed the order [Nolle Prosequi] to dismiss the case.
But Mr Talasasa, who has just returned from his annual leave, said the reason for the decision was based on advice he got from the police investigators.
“May I clarify that the DPP allocates work to his prosecutors,” Mr Talasasa said.
“Each prosecutor then advises or offers opinions to the DPP on any issue that arises in any particular matter.
“The DPP considers the advice/opinion, does his own reading of the statements of witnesses, etc, conducts his own research where necessary (and depending on the complexity of the matter).
“The DPP then exercises his discretion.
“This procedure is the same as applied under previous DPPs and is basically similar in most other DPP Offices in the world,” Mr Talasasa said.
He continued: “It must be emphasised that the DPP does not act alone in the process but in accordance with set protocols and his office practice.
“This has been the same previously and is the same today and will be the same in future, in any DPP Office.”
In this particular case, Mr Talasasa said the allocated prosecutor received a phone call from a Police Adviser regarding the matter not proceeding and that two Police investigators were on their way to meet with the DPP and further discussed the issue of withdrawing the matter.
“On 24 November 2008, I received a memo from the Inspector of Police and PCIO/Honiara City that there is no evidence linking the accused to the incident/crime and for the charge to be withdrawn.
“At the meeting the two officers presented to the DPP the PCIO’s memo stating the lack of evidence to connect the accused to the offence and if the accused be unconditionally released from custody.
“The DPP and the allocated Prosecutor Mathew Coates had a discussion with police at that meeting then the DPP considered the matter and endorsed the recommendation accordingly.
“The Nolle Prosequi was signed by the DPP and the allocated prosecutor presented to court in the afternoon of 24 November.
“Whatever transpired in court was a matter for the prosecutor, the defence and the presiding magistrate).
“The form used by the DPP to enter the nolle prosequi is the usual form that has been used by the office previously.
“The reasons for entering the nolle are not usually stated in the form. The prosecutor in carriage of the matter is expected to state the reasons verbally in court,” Mr Talasasa said.
He added: “May I say this again, I would not recommend to Police to charge a person, keep him in custody and investigate later.
“That is wrong and has not been the practice here in the 90s or prior.
“It is different in a situation that is seen directly by someone or others on the spot, example, where someone was seen assaulting another resulting in another person’s death or grievous harm.”
Mr Talasasa said he will respond to the issues Mr Sasako raised over the Carol Edwards case next week.
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