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Jul 24, 2014

What’s Next After Writ of Mandamus? Francis Fonseca Comments

Allen Whylie

Commissioner of Police Allen Whylie continues to be the man in the hot seat, and the man under fire in the Penner immigration scandal. He did not hand over the file which contains all evidence compiled so far in the investigation. That effectively squashed COLA’s case today setting Penner free of the charges. The Commissioner was persona non grata, at least in most quarters, long before that. In March, he refused to commence an investigation into the matter, and the People’s United Party took him to court. In a landmark ruling, Chief Justice Kenneth Benjamin directed Commissioner Whylie to commence and conclude an investigation. So where does that matter stand now? Well today, P.U.P. Leader, Francis Fonseca, told News Five that they will now pursue all options, along with COLA, to get justice – even though it has been and continues to be a frustrating experience.


Francis Fonseca, P.U.P. Leader

Francis Fonseca

“We got a landmark judgement, a Writ of Mandamus, for the first time against the Commissioner of Police in fact instructing him to do his job after the U.D.P. government had sent him and the Solicitor General to court to effectively say to the court that there is no need to investigate this matter. The Commissioner of Police has exercised his discretion and determined that this is not a matter worthy of investigation…and not alarming. So we got that order from the court and it was certainly our hope that with that order COLA could then proceed with its private prosecution and that the investigation, which should have taken place, would then feed in to that private prosecution. But obviously that hope was fallen on deaf ears. There is no investigation taking place; that is clear and there is absolutely no intention to have any investigation carried out. Certainly we are prepared, our lawyers are in contact with COLA and we will determine what is the best approach. If we can be of help by pursuing some other order from the court in respect of the Writ of Mandamus, then we are certainly prepared to do that. But we took a step back because we wanted to see what would happen with the private prosecution and what would have been made available to COLA. But now it is clear that that is over.”

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