Premier concerned over payouts from court cases lost by DPP

The building that houses the Office of the DPP

Premier Dr Natalio Wheatley has expressed concern over public funds being spent in cases lost by the Office of the Director of Public Prosecutions (DPP), as questions mount following the recent acquittal of police officer Marley Sebastien.

Speaking during a live broadcast of Virgin Islands Voice, the Premier responded to a caller who raised concerns about a series of high-profile cases that have been unsuccessful, including the Sebastien matter, and queried the cost to the public purse, particularly where a King’s Counsel (KC) from the United Kingdom was engaged.

The caller referenced multiple cases and suggested that the government could face significant financial liabilities when prosecutions fail, including payments to legal representatives and potential compensation.

In response, the Premier said he did not have access to specific figures relating to payments made to the KC. However, he acknowledged the broader financial implications of unsuccessful prosecutions.

“As it pertains to whether I’m concerned when we lose a case and have to pay out money, of course,” he said.

The Premier added that such outcomes are undesirable given competing demands on public resources. “Certainly, nobody wants to lose, and nobody wants to have to pay out monies for things that you want to put towards other important things for the people,” Wheatley stated.

The comments come against the backdrop of the recent case involving Marley Sebastien, in which the court ruled in the defendant’s favour.

The issue has gained prominence as multiple matters involving the DPP’s office have not succeeded at trial or on appeal. In one widely reported case, the DPP lost an appeal against a “no-case” submission involving former police officers, after the court upheld an earlier ruling that the prosecution had not established sufficient evidence.

Other cases have included matters that were dismissed or withdrawn at the magistrate’s level, further fuelling debate about prosecutorial decisions and the strength of evidence being brought before the courts.

The most recent case involving Sebastien has intensified that scrutiny. The matter has also drawn attention because of the involvement of state-funded external legal counsel, raising concerns about costs when cases do not succeed.