DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has explained his decision to discontinue the dangerous driving charge against Deputy Commissioner of Police Suzette Martin, citing the "extremely tenuous" nature of the evidence.
In a phone interview on December 18, Gaspard said it was unlikely a conviction could have been supported.
“Having reviewed the CCTV footage of the incident, the evidence for dangerous driving was extremely tenuous,” he said.
Gaspard acknowledged that while his office initially advised laying the charge, a re-evaluation of the evidence prompted the decision to file a notice of discontinuance.
“We would have to look at a fair prospect of conviction, and when you look at the evidence, it would not meet the barometer. I am of the view there was no fair prospect of conviction on the evidence we had.”
“Put simply, the evidence is tenuous and there's a paucity of evidence.
“In those circumstances, owing to the barometer, we use the litmus test, which is our full-code test. If there's no reasonable prospect of conviction, we do not pursue those matters.
“That would be foolish and unfair.”
He said his office had a duty to be “fair” to everyone.
“The touchstone is fairness and our duty to be fair mustn't turn on who it is or which post they hold.”
On April 18, 2023, Martin, driving an unmarked police vehicle, allegedly struck a 14-year-old student crossing the Priority Bus Route in San Juan. The boy, who was on his way to school, was allegedly hit near the Croisee and suffered fractures to his feet, reports at the time said.
According to Gaspard, the individual suddenly emerged from between two vehicles into Martin’s path.
Gaspard emphasised that evidence reviews can lead to revised decisions.
“We can review that evidence and make a different determination. We have done so in several cases. It is dynamic,” he said.
Senior magistrate Maureen Baboolal-Gafoor formally dismissed the charge on December 17.
The Police Complaints Authority (PCA) investigated and Martin was charged via summons and ordered to appear in court. The PCA compiled a file after obtaining CCTV footage of the collision and enlisting the help of numerous witnesses on the scene.
The PCA's report recommended disciplinary and criminal charges against Martin.
PCA director David West declined to comment on December 18.
The charge was laid by Assistant Commissioner of Police (ACP) Wayne Mystar.
Newsday was told that on the eve of the six-month statute of limitation for laying the charge, on October 17, 2023, even after the file was closed, a recommendation was made for it to be reopened and an audience was sought with the Office of the DPP, which resulted in the laying of the charge.
In his final report on September 14, 2023, Mystar said, “In view of the information obtained by all parties that were involved in the RTA and the CCTV footage which was consistent to what was reported…I recommended that the driver of vehicle PED 9635 be exonerated from any prosecution of the RTA.”
He said the
