Former DPP Praised By Peers — Tribute Session Held By EC Court

Charles-Clarke, who went on pre-retirement leave a few months ago, spent nearly 15 years as DPP, following stints as a Magistrate, Registrar of Companies, Registrar of Civil Status and Registrar of the High Court.

Charles-Clarke was called to the bar in September, 1990. Her appointment as DPP in 2002 came serving as Deputy Director of Prosecutions in the Crown Prosecutions Service.

Attorney-General, Kim St. Rose, said that despite the job of DPP not being an easy one, Charles-Clarke’s contribution was a notable one. With limited resources to work with, St. Rose said the retiring DPP’s service played a crucial role in a system that needs remedying.

“The courts have experienced more than its fair share of woes, all of which have impacted on the criminal courts, the dispatch with which matters were handled and the remand population,” St. Rose said.

St. Rose said that with the high number of criminal cases that are filed, the court system is finding it difficult to keep up, resulting in lengthy proceedings and witnesses often not showing up in court.

Defence attorney, Marcus Foster, spoke on behalf of the Saint Lucia Bar Association, recounting an earlier time, long before he and Charles-Clarke squared off in many courtroom battles. Foster gave anecdotes dating back to three decades when he first met Charles-Clarke at the then Saint Lucia “A” Level College (now SALCC).

Foster described Charles-Clarke as “a stickler for detail and following rules”, adding that he gained a great deal of respect for her in the general way she dispensed justice, always following the letter of the law. Having been in courtrooms around the Caribbean, Foster said Charles-Clarke was his fiercest adversary who nevertheless earned his respect..

“(She) has been the toughest that I have ever encountered,” Foster said. “It was a chess game even before we got to court as to what she was coming with. She fought like she was defence counsel. Whatever the result, you knew it had to be a good one at the end of the day because she gave it her best shot.”

Senior Magistrate, Christine Phulchere, spoke on behalf of the First and second District Courts and Family Court. Phulchere said Charles-Clarke’s “bittersweet” departure leaves a void in the justice system. Phulchere said the former DPP was a formidable advocate and a champion for reform and training.

“I join hands with everybody here today to thank her for her remarkable contribution to our justice system,” Phulchere said. “She will be truly missed.”

Tributes also came from Justice Francis Cumberbatch; Justice Francis Belle, and Chief Justice Dame Janice Pereira.

Charles-Clarke addressed her colleagues, thanking them for their tributes. She also expressed gratitude to the many people who would have been part of her 25-year-long service in the public sector. While admitting that she will miss the thrill of the courtroom, she told the audience that hers was a career spent standing up for the highest judicial principles.

“In executing my duties, I was always guided by the constitution and the laws of this country,” Charles-Clarke said. “I have always sought to discharge my duties by upholding the tenets and principles of the law, upholding the ideals of integrity, dedication to service and the ethics of the profession. I have jealously guarded the independence of the Office of Director of Public Prosecutions and am reassured by the fact that the courts have also preserved and protected that independence.”

Along her legal journey, Charles-Clarke said she was able to focus on the demands called for in her role as DPP despite being inundated with criticism from several quarters. She credited her strong resilience to respond to these challenges as a major factor in her quest to dispense with her duties.

“I learned the ability to muster the courage that allowed me to take the toughest decisions and most biting criticisms, of being attacked even by those who are supposed to protect me,” Charles-Clarke said.

Charles-Clarke’s decision to proceed on pre-retirement leave came shortly after she responded to comments made by Housing Minister, Stanley Felix, during an SLP public meeting held on the Castries Market steps on November 24 last year.

During that public meeting, Felix chided Charles-Clarke for not issuing an update on the Report on the Financial Operations of Town, Village and Rural Councils released over two years ago that alleges misappropriation of public funds by members of the previous administration. In her response two days later, she said the Minister’s comments were “improper” and “unprofessional”.

She added that while she did receive the report cited by the Housing Minister which contains allegations of unlawful acts, that report was not compiled by an investigating official, as is required by law.

Her departure from the DPP’s Office also comes amidst the ongoing concerns regarding the pace at which matters concerning the IMPACS report is proceeding, for which the government has come under heavy criticism from both the United States and the European Union (EU).