FEBRUARY 25th, 2006

Christopher Nelson reacts to the "Balla" move
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Director of Public Prosecutions (DPP), Christopher NelsonDirector of Public Prosecutions (DPP), Christopher Nelson is not taking lightly a threat made to institute "personal legal action" against him in the Frederick "Balla" Noel shooting incident.

In an exclusive interview with GRENADA TODAY, Nelson acknowledged receipt of a threatening letter that was sent to him by Balla's new attorney-at-law, Venescia Francis-Banfield whose address was given as Lance Aux Epines, St. George's.

According to Nelson, he is giving "serious consideration" to the letter in terms of how best to respond to it since "I have been threatened personally with legal action". He did not rule out the possibility of seeking legal advise on the matter from lawyers both inside and outside of Grenada. "Even if you are a lawyer, one would have to seek advice from counsel", he remarked.

Nelson disclosed that he had informed the relevant government officials on the island about this latest development in the case. He did not identify the officials but legal sources said that the DPP had written letters on the issue and sent copies of the Balla letter to the Permanent Secretary in the Ministry of Legal Affairs, as well as the Minister of Legal Affairs. The DPP's office had suggested several months ago to the Royal Grenada Police Force (RGPF) that both Balla and the civilian should be charged for the incident that took place outside a home in the Bocas area of St. Paul's in September 2005.

Nelson has been performing the duties of Director of Public Prosecution since February 1, 2000. Legal sources told this newspaper that the Balla letter is insinuating that Nelson's contract as DPP is no longer valid and that he acted illegally in bringing the indictable charge against the P.M's bodyguard. According to a source, the Court of Appeal had ruled on a similar issue in a matter involving former DPP and current high court judge in Trinidad and Tobago, Malcolm Holdip when the Keith Mitchell-led New National Party (NNP) government moved to replace him in the post.

The Justices ruled that Holdip was entitled to remain in office at the expiration of his two-year contract since it was the intention of the framers of the constitution to ensure that the Office of the DPP, and high court judges are far removed from the dictates of the political directorate. Nelson admitted that it was the first time since assuming the post that he had received such a threatening letter of personal prosecution from anyone. "It's the first time that I have received such a letter or any query or challenge to my authority to give the police instructions, advice or directions in relations to a criminal matter", he remarked.

When asked if he felt that controversial Jamaican attorney-at-law, Hugh Wildman was behind the move to undermine his authority as DPP, Nelson said: "Your guess is as good as mines". "I don't know the facts. What is facts is that a letter was received from this lawyer (Francis-Banfield) on behalf of her client (Balla)", he added. Nelson was also asked to comment on his relationship with Wildman whom he replaced as holder of the office five years ago. He said: "I get along with everyone who wishes to interface or interact with me personally or professionally". However, Nelson was also quick to point out that he held no animosity towards Wildman and had worked with him on matters involving the State.

He said that the two of them are members of "a particular committee established by law" but "our social lives do not cross paths". "However, I will be extremely disappointed if that individual has anything to do with the legal moves being made against me", he added. Since arriving in Grenada over a decade ago, Wildman has been engaged in several heated exchanges with local lawyers. In the latest encounter, the Bar Association of Grenada was successful in a move to get the Judicial and Legal Services Commission (JLCS) to turn down a move by the Mitchell government to appoint Wildman to the post of Attorney-General.

 

 

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