In a statement issued by the Opposition Office on Tuesday, Matthew Wale said; “I question the statement for to my knowledge, the sanctioning powers vested on the DPP in section 91(2) and (7) of the Constitution are unfettered and as such, where evidence is sufficient to point to criminal liability, the DPP must institute criminal proceedings,” he said.
He added therefore to make an administrative decision to stay the laying of charges because there is a civil case on a related matter in the civil courts that clearly undermines the power to sanction criminal proceedings in section 91 of the Constitution.
“This must never be allowed to happen for it raises serious questions on the independence of the DPP office and the Police.
“What is even more concerning is, while it is still not clear whether a new DPP has already been appointed, the Attorney General whom by law is acting DPP, will also be representing the Citizenship Commission in Mr. Djokovic citizenship case.
“This is a clear case of conflict of interest and one cannot help but wonder whether this is the real reason why the criminal complaints against Mr. Djokovic have been delayed. The public is entitled to a better explanation,” Mr. Wale said.
He, therefore, calls on the Commissioner of Police and the office of the DPP not to delay laying charges.
“It is of great public interest that due process is carried out. Charges must be laid before any discussion on whether to stay proceedings or not; and if there are no orders for a stay of the criminal complaints in place, the prosecution must proceed,” he said.