Posted: Thursday, February 20, 2014. 12:19 am CST.
AARON HUMES Reporting: The People’s United Party awaits a date for the hearing of its application for judicial review of the Commissioner of Police Allen Whylie’s indecision to act on the investigation of the Elvin Penner/Won-Hong Kim scandal.
Legal advisor Anthony Sylvestre filed the documents at the Supreme Court Registry this afternoon and spoke to the press afterward, saying the PUP and his law firm, Musa and Balderamos, had to act after there was no response received from the Commissioner by the deadline of Monday, February 17.
Sylvestre says the Party still believes that there is time to act and arrest Penner and his assistants, however the six-month statute of limitations on summary offences will run out in March.
In response to the Prime Minister’s statement that a private prosecution could be pursued by the PUP, Sylvestre noted that only persons with first-hand knowledge of an offense committed under the Summary Jurisdiction (Procedure) Act could initiate such a complaint.
The only persons, therefore, who could initiate such a prosecution are the Prime Minister, Minister of Immigration Godwin Hulse and Director of Immigration Maria Marin, who are as of right now the only ones aware if the evidence sitting in the Department in the immigration, passport and nationality files are enough to proceed.
Responding to the rejoinder that the PUP, through Arthur Saldivar, possessed documents that might have been used for such a prosecution, Sylvestre pointed out that that is no longer relevant as those documents were passed over to the Police who are the persons best suited to start and carry through such an investigation.
Sylvestre said he would not comment on any suggestion that the Commissioner is somehow compromised or unwilling to pursue the case as the matter is before the court but he noted that Director of Public Prosecutions Cheryl-Lynn Vidal says she has seen enough for at least an investigation.
It is also concerning that the investigation Police started at the behest of the Minister last year has stalled with no report to the nation which mocks the justice system.
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