The criminal justice system may inevitably collapse if the Office of the Director of Public Prosecutions (DPP) does not soon hire more personnel.
Yesterday, DPP Roger Gaspard, SC, emphasized his office’s shortcomings in prosecuting cases and advocated hiring extra attorneys.
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Gaspard stated that the DPP’s Office requires around 129 attorneys in order to function efficiently, yet there are only 58 prosecutors.
He remarked yesterday in an interview on i95.5FM: “I would describe that problem as acute and chronic. It is very critical that any time you reach a stage where the number of courts outnumbers the number of prosecutors, that must be an area of concern.”
Gaspard noted, “The average prosecutor has over 120 files, so in the context of meeting deadlines as outlined by magistrates and judges as they carry out their functions, it is extremely challenging and I have said years ago that if the situation continues, the criminal justice system will collapse. I have said that publicly, and I have said it in a joint select committee. I have been saying it.”
Senior prosecutors, including George Busby, Tricia Hudlin-Cooper, and Nigel Pilgrim, have recently departed the DPP’s Office to take positions as judges.
Contrary to popular opinion, Gaspard asserted that he had no authority to choose employees after the departure of the former prosecutors.
“I have no control over the appointment of staff to the DPP’s Office. Sometimes people will ask me why I do not hire persons coming out of law school, well guess what? I do not hire persons. That is the function of the Judicial and Legal Service Commission (JLSC).
“There is also an argument being bandied about—a somewhat uninformed argument that the DPP can take persons on board on contract. When you come to the DPP’s Office on contract, that is between the Chief Personnel Officer (CPO) and the particular person. I do not make any decision on behalf of the JLSC. That is an independent body as well,” he explained.
While Gaspard is the chief legal officer, he said that some people don’t seem to realize that a chief financial officer, who he is not, would have to approve any appointments to his position.
Although the DPP said he did not want to speculate on how imminent a collapse of the criminal justice system would be, he did warn that it would inevitably occur if choices were not taken quickly.
“I do not know how close it is to collapse, but I am telling you I do not know what the wisdom in outfitting one player in the criminal justice system with more courts and judges and no commensurate increase is really in terms of prosecutors.
“There is a Cabinet Note in 2014 where the recommendation was approved that we would have had 129 attorneys. To date in 2023, the DPP’s Office has approximately 58 attorneys, several of whom would have recently come to us and who have very little experience in prosecuting matters and in criminal law. Would a serious decision maker send these persons to court to deal with murder cases and so on?”
Gasper noted, “If I were to do so, my respectful view would amount to my betraying public trust and almost abandoning the citizens of Trinidad and Tobago, so I have chosen not to do that.”
