JANUARY 05th, 2008
DPP: The Investigation is continuing
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(Christopher Nelson)

Director of Public Prosecution (DPP), Christopher Nelson has categorically stated that there is no sinister motive in the release from custody of Black Bay resident, Kelvin Antoine also known as Pussy.

The 47-year old Antoine is alleged to have been involved in an altercation with a resident of Maran, St. John's, Cosley Beharry which ended deadly. Beharry, 42, lost his life as a result of a bullet wound he received outside of his partially-built house on Christmas Day at around 7:00 p.m.

Pussy was immediately detained by police officers attached to the Gouyave Police Station to assist with the investigation, but was released from custody two days later without being charged. There has been a public outcry over the release of Pussy, especially with him not having been charged.

However, Nelson told reporters that in keeping within the confines of the law, no one should be kept in police custody beyond 48 hours once he is not charged. The DPP gave the assurance that no final decision was made on the shooting incident.

He said the police have commenced investigations into the alleged murder of Beharry under his direction and there are some outstanding matters which he declined to revealed, that the police are currently working on.

"As soon as those outstanding matters are completed, then a decision will be made. In the meantime, the suspect is presumed innocent and is entitled to be at liberty. He cannot be held beyond 48 hours without being charged," he added. "The (investigation) process is on course in this matter as with all matters. There are many a crimes where police conduct investigations and we, having reviewed the file, see areas that we think should be explored.

"And in this case as in other cases, we are directing them in relation to that and I hope they would conclude whatever they are doing pretty speedily, and we decide from there. According to Nelson, this is a pending investigation into a possible murder and he is not at liberty to discuss the details of evidential matters.

"The police commenced investigation, a file was referred to me with certain statements. There are other matters that I would like them (the police) to address, and they are addressing that. That is as much I can say, it is still a pending matter," he said.

The DPP made it clear that it is his constitutional role to make a judicial determination if there is sufficient evidence to warrant charges in criminal offences on the island. He said this can only be done based on an assessment of the entire case relating to all of the evidence.

Nelson is warning the media and the general public to not prejudge the issue since there is still an ongoing investigation by the police. He said he is getting the impression that people seem to be making assumptions when at this moment the investigation is continuing.

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