The Director of Public Prosecutions Shalimar Ali-Hack on Monday indicated that the Office of the DPP has advised the Police Force that based on the evidence contained in the file that was sent to the DPP, the Attorney General Anil Nandlall cannot be criminally charged for the contents of a conversation between himself and a reporter of the Kaieteur News, Leonard Gildharie.

In a press statement, the Office of the DPP said the conversation was between the Attorney General and “his personal friend Mr. Leonard Gildharie” and the owner of the Kaieteur News Glenn Lall who filed the police complaint was not a part of that conversation.

“The Dpp wishes to note that based on the evidence contained in the police file, that the alleged conversation of the recording was not between the Attorney-General and Minister of Legal Affairs and Mr. Glen Lall”, the statement said, while adding that the DPP also explained that the offence created in Section 141 (a) Chapter 8:02 is in relation to the speaker using threatening language with intent to provoke anyone else to commit a breach of the peace, that is, provoking another person to do so. The threatening language must be such as is likely to provoke a breach of the peace by anyone else that is the person to whom the threat is directed.

According to the DPP, “for the threatening language to result in provocation, the threat must be directly communicated to the person
to whom it concerns, that is, in his presence and hearing. There is no evidence of this contained in the police file.”

The Director of Public Prosecutions also stated that “with regard to the offence created in Section 141 (b) Chapter 8:02 is in relation to the person using abusive,insulting, obscene or profane language to the annoyance of another, that is, such language is used directly to the other person in his presence and annoys him. There is no evidence of this.”

The DPP is convinced that the alleged recording of a telephone conversation between the Attorney-General and the Minister of
Legal Affairs and Mr. Gildarie, does not fall under Section 1a1 (a) or (b) Chapter 8:02 of the Criminal Offences Act.

In the release, the DPP also stated that she continues “to maintain the integrity of the DPP’s Chambers by giving legal advice according to the statements in the police files and the Laws of Guyana and this is done free of race, religion and political affiliation”

Back in November, the owner of Kaieteur News, Glenn Lall filed a complaint against the Attorney General for threatening language and that complaint was based on the contents of a recorded telephone conversation between the Attorney General and the Kaieteur News reporter Leonard Gildharie.

During the conversation, the AG could be heard complaining about the coverage he and his family members have been getting in the Kaieteur News. He could also be heard warning the reporter to “get out” of the offices of Kaieteur News because it may be a matter of time before there is some sort of attack on the newspaper offices.

Lall saw the contents of the conversation as a threat to his company and its employees. There were several calls for the Attorney General to step down from office in wake of the profanity laced conversation in which he declared himself as a “chatri” indian of the warrior type.

Filed: 22nd December, 2014

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