February 22, 2012

DPP recuses self from imam child sex case – Nandlall

Attorney General and Legal Affairs Minister Anil Nandlall has disclosed that the country’s director of public prosecutions, Shalimar Ali-Hack has recused herself from dealing either directly or indirectly with the current file and ongoing police investigations into the sexual assault allegations brought against an imam.

DPP Shalimar Ali-Hack

“I have engaged the Director of Public Prosecutions and she has assured me that she recused herself completely from dealing with the file. She now has nothing to do with this matter or the investigations in full,” Nandlall explained.
Nandlall told Guyana Times during an interview that the DPP has assured government that she will not deal with the file and, therefore, has reassigned the case to another senior officer within her office.
“I have engaged the Director of Public Prosecutions and she has assured me that she recused herself completely from dealing with the file. She now has nothing to do with this matter or the investigations in full,” Nandlall explained.
The attorney general said that he was aware of the concerns raised by sections of the public about the conflict of interest that may arise as a result of the DPP giving advice on a matter which involves a prominent member of the Muslim community of which she too is a leader. He noted that the DPP office is a constitutional office which is safeguarded by the Constitution and guaranteed autonomy and full protection. “She enjoys functional independence, autonomy and authority…therefore her office cannot be influenced,” the AG explained.
Asked whether he was concerned over new allegations which were seeking to suggest that the man who was arrested had links to top ranking religious and government officials hence police’s sloth in instituting charges, Nandlall argued that he is not aware of such arguments and in any light, government has nothing to do with this matter or interest in it altogether.
The DPP had denounced media reports in some quarters that she has been seeking to protect the imam accused of molesting four young boys from prosecution. Ali-Hack said in a statement on January 20 that the office of the DPP is a constitutional one and duties there are taken seriously:  “I act in accordance with the law, and the evidence before me in a professional and objective manner. The case of the Islamic scholar will be no exception. I do not act according to race, religion, or politics.”
She further contended that at no time at all, nor in any way, did she interfere with the police investigations in this matter. “The police are free to conduct their independent investigations, and to even proceed with the institution of charges without the advice of the DPP,” she said.
The AG said that government was not responsible for the process, through which persons are charged or brought to justice. “Government has nothing to do with this, it’s the police that bring charges in collaboration with advice from the DPP against persons not government,” he clarified.
Minister Nandlall also stated that the police have the legal and constitutional right to seek advice on any matter before proceeding to institute charges from its legal advisor, which is the DPP chambers. He could not comment as why they have not yet charged the imam and refused to speculate on the matter since it was engaging the attention of the force.
Meanwhile, Human Services Minister Jenifer Webster had expressed concern over the police’s apparent slothfulness in bringing closure to the matter by charging the man after the serious allegations were made. She had called for them to exercise their duties in an independent and impartial manner. The imam is accused of sexually molesting seven boys several times at a masjid in Sophia.

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