Astaphan SC supports DPP Valston Graham's "extraordinary step" in Magistrate Harris matter

A regional senior counsel has labelled as "an extra ordinary step" the recent decision of St. Kitts and Nevis' Director of Prosecutions (DPP), Valston Graham to withdraw his prosecutorial team from the courtroom of Donna Harris, the sister of Prime Minister Dr. Timothy Harris.

"I thought it was an extraordinary step by the director of public prosecutions, who would have satisfied himself, I suppose, based on his conversation with who was present as to what had transpired," said Dominica-born Anthony Astaphan in a telephone interview..

Appearing on the recent edition of "Ask the Leader," Astaphan expressed the view that the St. Kitts and Nevis Bar Association's "very clear statement did not strike me as an isolated incident at all, but I think it raises the greater picture."

Astaphan admitted that although he is sympathetic to the position that the families of politicians should not be penalised simply because their brother or sister is in the Cabinet of the Prime Minister, "when you have sensitive judicial appointments like in the Magistrate Court and other sensitive positions, it may very well raise in the eyes of the reasonable Kittitian and Nevisian bystander as to whether that is the right situation to have."

He added: "Clearly if you are going to be relying on the appearance of justice and the appearance of bias and impartiality and a matter that comes before the court that concerns either the government or something that may be of embarrassment to the government, it does raise a question of whether there should be a recusal of participation on the part of the Magistrate."

Astaphan focusing on the action of DPP Graham, said it was an extraordinary decision and one that he is sure "would have been made after considerable thought because the point needed to be made that officers of the court need to be given the necessary respect and flexibility to present their position."

"And if they are in fact trying to point out errors being made, they should be listened to. This was a very unfortunate situation that occurred."

Last week, Crown Counsel Mr. Teshaun Vasquez who tried on several occasions to bring certain matters to the attention of Magistrate Harris, was ordered to sit and eventually ordered to leave her court room.

Graham pulled his staff from her court room and in a statement said he found the behaviour of Magistrate Donna Harris "intolerable."

"You cannot insult, ridicule and denigrate the prosecutors that appear before you and without justification. I have tolerated it long enough. I am not putting up with it anymore," said Graham.

The St. Kitts and Nevis Bar Association in a statement said it "is satisfied that the occurrence is by no means an isolated one" and supported the decision of DPP Graham.

Magistrate Donna Harris has reportedly given an assurance to be respectful.