Director
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no longer valid and that he acted illegally in bringing the indictable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.