EDITORIAL

A very interesting legal development is taking place in the country and should not go unnoticed.

Director of Public Prosecutions, Christopher Nelson has re-opened criminal proceedings in a case which the Police had brought against convicted La Potrie drug lord, Daniel "Diego" Peters.

Many persons might recall that 45-year old "Diego" was charged several months ago with Money Laundering, Possession and Trafficking of Cocaine following an operation at his home in La Potrie, St. Andrew's that was conducted by officers attached to the Drug and Strike Squads of the Royal Grenada Police Force (RGPF).

The case took on political proportions because of Diego's known association with the ruling New National Party (NNP) government of Prime Minister Dr. Keith Mitchell.

At first Diego had hired defense lawyer, Peter David of the main opposition National Democratic Congress (NDC) to represent him in the matter.

This move caused a stir in local political quarters with the NNP hierarchy concerned that David might gain some political mileage in La Potrie for representing the "Don Man" who is known to be very influential in the village.

"Diego" is credited with "going on the ground" on the day of the last general election in November 2003 and carrying persons to vote for NNP's Roland Bhola to help him in his narrow victory against NDC's Ingrid Rush in the close 8-7 victory for the ruling party. A Diego switch of allegiance away from the NNP would have been a major slap in the face for the Mitchell government.

David was subsequently "dismissed" as Diego's lawyer in preference to Michael Sylvester, a lawyer who is often used by Prime Minister Mitchell in legal matters. The "Diego Peters" drug case was then adjourned before the Magistrate sitting in the Grenville Court with no set date for the next hearing.

This prompted Opposition Leader Tillman Thomas to raise questions in Parliament about possible political interference in the case and an undermining of the judiciary. It brought a sharp response from Prime Minister Mitchell who indicated that the Opposition Leader was "batting on the wrong wicket" and invited him to a meeting to discuss the matter.

Quite rightly so, Mr. Thomas declined the offer and reminded Dr. Mitchell that as head of government it was his responsibility to investigate and find out whether attempts were being made by the political directorate to undermine the judiciary in the Diego Peters case.

The truth of the matter is that "Diego" was able to get the powers-to-be to launch an investigation into his complaint that the drugs were "planted" on him by the police. How many persons charged with drugs on the island can get the police to do just that?

Although the police had laid charges on "Diego" and got a positive test on the drugs, the Police High Command apparently under political pressure sent in an Acting Superintendent of Police (ACP) to meet with the suspect as part of an investigation into his claim that the drugs were "planted" on him.

Who took the decision to carry out the investigation? What were the findings of the probe by the ASP? Why were the police unwilling to pursue with the case? It is no secret that the "Diego" case had become bogged down in the system for several months until DPP Nelson made a rather bold move to reinstate it.

The NNP is known to be weary of Nelson in the post and had been trying to unseat him as DPP. Nelson is insisting that the "Diego" case which had attracted a great deal of public attention was apparently going no where with the police as prosecutor and he had a duty and responsibility to put it back on track. He had seen no attempts being made on the part of the police to re-open the case.

Nelson is said to have indicated to the magistrate sitting at the Grenville Court, Oforiwa Augustine that the interest of justice is not being served with the stalemate in the "Diego Peters" matter. "Diego" is no ordinary drug dealer. He was caught a few years ago in a major sting operation involving the Drug Enforcement Agency of the United States.

The "Potrie Don" managed to get a relatively light sentence of two years after high court judge, Justice Stanley Moore of Guyana convicted him for possession of 45 kilos of cocaine. In a sudden turn of events, Peter David is now said to be back on the scene as Diego's lawyer in light of Sylvester's medical condition as the NNP is apparently without a high profile criminal lawyer in their corner.

It is said that "Diego" has little or no choice but to return to NNP's political enemy - Peter David - to represent him in the case once again.