By Marion Ali
The People’s United Party is contemplating filing another motion in the Supreme Court asking the Chief Justice Kenneth Benjamin to consider whether or not the Commissioner of Police Allen Whylie can be held in contempt of court.
While the PUP, at a press conference on Thursday said that would be their last resort, it is a very real possibility.
PUP leader Francis Fonseca told reporters that the order from the CJ was clear in the Writ of Mandamus ruling.
He was instructed to conduct a complete investigation into the visa/passport scandal.
Fonseca said that while Whylie has handed over the Penner file and he understands that the Director of Public Prosecutions, Cheryl-Lyn Vidal, has acknowledged receipt of some information but that she does not consider it a complete file.
The underlying point remains the same for the PUP – that the matter cannot be thoroughly investigated when the main subject, Penner, has not been investigated.
Said Fonseca, “It is not our desire to find the commissioner in contempt and that would be a last resort, but certainly if a period of time has lapsed then we will certainly have to consider that option to go back to the CJ to say Sir, you have given an order but that has not been complied with.”
The PUP took steps toward the criminal prosecution of Penner when Fonseca brought on a judicial review proceeding against Whylie’s apparent refusal to investigate into Penner’s role and conduct.
At Thursday’s press conference PUP Attorney Anthony Sylvestre pointed out the relevance of the Writ of Mandamus to COLA’s private prosecution.
“Without the necessary criminal investigation COLA would not be able to successfully prosecute Penner.
It is clear to be seen that there is a deliberate attempt to stall this investigation.” But Sylvestre says that the government has no right under Section 14 (4A) of the Criminal Code to appeal the matter.
He accused the government of using the legal process to stall the criminal investigation.
Fonseca also dealt with other issues of concern to his party.
The matter of Minister of National Security John Saldivar’s company, Mytheon Solutions, which reportedly sells BTL phone credits to departments within the scope of his portfolio, was raised a clear example of conflict of interest that shouldn’t exist in the public sector.
He questioned who authorized the arrangement, and whether the Prime Minister knows of it.
If he does know, Fonseca asked what will be done about it.
Fonseca also expressed support for the Pharmacy Association, which has asked for the removal of Danini Contreras, the daughter of Minister Erwin Contreras, as the Director of Drug Inspectorate.