Foreign Office joins probe: Inquiry into `Rodney Smith affair' could be held
A probe into allegations that influence was used in an assault case against a former Progressive Labour Party candidate could be held as early as next week, it was revealed yesterday.
Now the United Kingdom Foreign Office has become involved in the case after Government House contacted the British Government for advice.
And a top legal figure from the UK is likely to be drafted in to carry out the review.
Deputy Governor Tim Gurney said: "We are pursuing with the Foreign and Commonwealth Office the possibility of undertaking an independent review of procedures used for the Rodney Smith case.
"There have been allegations made about the case and we think it's important all the facts are brought out and that those involved have the opportunity to explain and have their names cleared.'' Mr. Gurney added: "The Foreign Office are well aware of the allegations which have been made in the handling of the Rodney Smith case and particularly the comments which were made by the magistrate.'' He said: "A recommendation has gone from the Governor to the Secretary of State on the appointment of a DPP -- but because of the allegations which are now surrounding the DPP's office, the Foreign and Commonwealth Office believes that a speedy review of the facts should be undertaken as quickly as possible so advice can be given to the Secretary of State on the recommendation.'' The inquiry comes after claims that influence was brought to bear in the handling of the case against Mr. Smith by Crown counsel Khamisi Tokunbo.
Mr. Tokunbo is understood to be the named candidate forwarded to London for approval as the first Director of Public Prosecutions.
The Smith case was originally set down for a December 1 trial -- but brought forward to last Monday at 9 a.m.
Mr. Smith told the court that he understood that the case would be "dispensed'' with and that he would be bound over -- avoiding a criminal conviction.
Crown counsel Leighton Rochester, however, told Magistrate Archibald Warner that he had no knowledge of that and asked for the case to revert to the original date.
The proceedings were watched by Acting Director of Public Prosecutions William Pearce and the case was handled by another prosecutor, Larry Mussenden, the following day.
Mr. Warner chose to bind Mr. Smith over for 12 months -- but stressed he had reached his decision on the facts and that the courts were independent.
And he said: "Somewhere along this process somebody tried to interfere with this process.'' Pearce welcomes inquiry plan Mr. Smith has declined to say who spoke to him from the DPP's office -- and Mr. Pearce has issued a strong denial of the allegations and last night appeared to back a probe.
Mr. Pearce said: "I think it would help clear the air of a lot of unanswered questions, as some people have said.'' Pupil barrister Cindy Clarke also denied that she had taken independent legal advice amid concerns over Mr. Tokunbo's alleged involvement in the case in a statement read and approved by political Attorney General Lois Browne Evans.
Ms Clarke said the allegations were "wholly inaccurate, untrue and did not originate from me''.
Last night lawyer and Opposition Legislative Affairs spokesman John Barritt welcomed an inquiry -- and said the reviewer should have the legal power to demand documents as well as make the findings public.
He said: "That's an encouraging development. We have been calling for this independent investigation and we're saying it should be held quickly so as to bring an end to this state of affairs, which now includes denials and silence.'' Mr. Barritt added that the Opposition had already written to the Governor asking for an inquiry -- and that they had written again to complain about Dame Lois' vow to hunt down the source of the claims.
Mr. Barritt added: "Having the results of this investigation known before we have an appointment of a permanent Director of Public Prosecutions is going to prove invaluable.
"Aside from clearing the air with respect to this case, it may lead to two other important developments -- the establishment of clear guidelines which separate criminal from civil matters and secondly, a clear message will be sent that those who ignore these guidelines will be held to account for their actions.''
