A man charged with murder has failed in an attempt to launch a private prosecution against the Director of Public Prosecutions.

Kamal Worrell told Magistrates’ Court that he intended to prosecute Cindy Clarke, the DPP, for alleged offences related to the criminal case against him.

Mr Worrell, from Warwick, stands accused of murdering Chavelle Dillon-Burgess on an unknown date between April 10 and June 11, 2020.

Alan Richards, the Acting Director of Public Prosecutions, called on the court to halt the private prosecution on the basis that it was an abuse of the court processes.

Mr Richards noted that the summons issued in the case had been signed by a Justice of the Peace rather than a magistrate, as required by law.

Adley Duncan, Crown counsel, added that no summary of evidence or statements had been provided to support Mr Worrell’s allegations and that, of the charges included in the purported information, one did not charge an offence known to the laws of Bermuda.

That charge alleged that Ms Clarke had abused her office to procure, aid or abet the “illegal imprisonment” of Mr Worrell.

Mr Duncan urged the court to strike out the matter without any further hearings, stating that if serious allegations of a criminal nature are levelled against the DPP, they need to be supported by cogent and verifiable evidence.

Mr Worrell insisted the court set a date for a hearing, arguing that he had been “ambushed” by legal arguments and precedents, and that it would be unfair to dismiss the case without offering him a chance to prepare a response.

He argued that when he was first charged in Plea Court, he was not provided with statements or a summary of evidence.

Mr Duncan, however, responded that Mr Worrell himself had brought the case and should have been prepared.

“He brought the DPP here,” he said. “It’s he who has the burden of proof.”

After deliberation, magistrate Tyrone Chin chose to dismiss the matter in its entirety, stating that the summons in the case was not properly executed.

He added that while Mr Worrell had made serious allegations against Ms Clarke, he had failed to put forward statements to support them and highlighted that the information included a charge not known to Bermuda law.

In all the circumstances, he found that the matter was vexatious and an abuse of process.

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