Prosecutorial decisions involve complex considerations including evidence assessment, public interest, resource allocation, and changing circumstances, requiring careful case-by-case evaluation rather than standardized application, with internal review mechanisms ensuring accountability while maintaining the independence necessary for effective criminal justice administration.
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DPP LINO ANGUZU WILL SUPPORT THE POLICE ON THE ONGOING INVESTIGATION ON ANITA AMONG'S SAG .Added:
The ongoing um matters involving the speaker.
Uh yes, we are aware that there's an investigation ongoing regarding um I am not sure whether it's just the speaker of parliament alone or the institution of parliament altogether.
Uh we are It is too early for me to comment on what is happening, what is so on. We are All I can tell is that we are aware that there's an investigation ongoing by the CID.
And we are providing background support.
And when the time is due, we shall update on what is what what the status is and what is happening. But right now, that is all I can say that there's We are aware that there's an investigation by the CID.
And when the time is right, we shall communicate what the outcomes are.
Reopening um reopening all the cases, Mr. Farouk? Uh no, we are not reopening all the cases. I am not reopening the old cases.
Um those cases were uh considered by the office. And those that were meriting prosecution were prosecuted.
Those that were not meriting prosecution uh were closed.
And so, we are not reopening those investigations unless uh there is new information that merits the reopening of those investigations, which I am not privy to yet.
Uh if they come, uh we'll we'll then make that decision at that point. As of now, we are not reopening the old cases. Um and uh A lot of those concerns uh I cannot attribute it to the delicate balance we try to uh play between being very open to the public, but also conducting our business confidentially as an institution because we cannot conduct our prosecutions and criminal investigations in the public.
Uh it will defeat the purpose of the independence granted to the DPP to make decisions that may be difficult for the public to accept or even understand.
But it's necessary to ensure that the the the office functions very well.
Um I can tell you uh Judith, that every case before it is prosecuted, it is reviewed by not one officer, two or three officers before a judge is preferred.
And so there is a any internal uh uh review mechanism that a case undergoes before the charge is preferred.
If a charge is wrongly preferred, there is another review mechanism within the complaint system where is that decision can be reviewed by senior officers to see whether there are any changing circumstances that warrant a different call or whether that decision was a proper one.
There is also another review, ongoing review on cases that are going to see whether the cases are worthy continuing or whether there is no more public interest.
In the performance of my function, there are a lot of factors I take into account, including evidence, but also including public interest.
Um And so we have we have a guideline on what guides us in in in decision-making in cases.
>> [clears throat] >> So in many cases, at the time you're investigating the matter, there is evidence because we rely on police file. Unfortunately, a police file is a confidential document which I can't share with you or the public.
And so the public never really gets to know why a decision is taken either to prosecute or not to prosecute.
Um but also when a case is called and it is reviewed and we decide this case cannot proceed and we decide to terminate the proceedings also the public most times doesn't get to know why that is why it won't proceed.
And we also do that because it is going to be extremely difficult for the DPP to account to everybody.
It might seriously impede on easy depend in decision making if everyone is going to charge challenge every ground on which the DPP makes a decision.
But I can assure you there are a lot of changing circumstances that influence why we we may commence prosecution in one case and then terminate it at a certain level. And there are very it may be it may be just a witness is changing their mind.
It may be our own assessment that based on the evidence that we have done in court there is absolutely no way we are going to succeed in this case seeing the remainder of the case and therefore you step back and review because then you have two options.
You allow the case to proceed and the person gets acquitted.
That means you have no other opportunity to reopen that matter in future even when you get what you don't have at that time.
Or you take the honorable retreat and you terminate the proceedings but you retain your right to reinstate the case when circumstances change.
In most cases we opt for the latter.
That it is better we live today in order to fight better tomorrow than to go and die because the moment you get a person acquitted and that is it. It doesn't matter what evidence you get additional evidence you get on that matter in future. So you cannot.
In many cases yes we get the additional evidence we proceed but in many cases that evidence dies for good and and you know it's difficult to resurrect the case.
Uh but we are not short of cases. There are too many cases we what we are overwhelmed and overworked.
And so there is also a question of resources.
Do you flog a dead horse? Do you put your resources uh in a case which really has no future because the person you're prosecuting is a big fish?
So you insist say even though you can clearly see that you are not going to win in this case you insist putting your best officers, uh future officers, and so on. So there's a question of economy and prioritization and allocation of resources. And so all those are matters that the constitution covers and and unfortunately it's difficult for the DPP and I think that is what the constitution recognizes that in order for the DPP to perform his functions um it is not wise to ask him to account for every decision >> [clears throat] >> So that's where uh duty the the concern from the public comes from and we understand it but it is necessary for us to operate this way for the DPP to perform his functions.
Otherwise, we would make it extremely difficult for the DPP to perform his functions uh but I can assure you and I can assure the public every case that has been charged there is some basis for the charge.
Every case where the prosecution has been terminated it has gone through a robust review process within this institution, at least three levels of review. That means one officer and then the next officer and the final officer is me and that means we all agree that this case uh is is not worthy to continue and uh and the decision is therefore taken to terminate the the prosecution. So it is it is not therefore a question of selective prosecution or anything, but every case has to be decided on its own facts. What the public sees out there uh and and the standards of proof or of judgment of the public unfortunately is not the standard of proof or judgment that I I am held to.
And so I have to look at every case the facts of every case differently and I cannot generalize and say all of you came here to my office today and so you're getting trespassed. No, I need to find out Judith, why did you come here?
>> [clears throat] >> This one, why did you come here? You might find that you were you were already here, so you had a valid excuse.
And another one came here because he wants to pick something. So every case is different and so it is not it's not a question of selective prosecution, but a case is considered based on its own specific facts and and and a decision is made. So I want to assure the public there's no there's no question of selective prosecution or selective application of criminal justice. We do our best to maintain the same standard, apply it to everyone and we will go ahead and prefer charges where we think it is deserved and merited.
And where the charge is no longer can no longer be sustained or substantiated by the change of circumstances, I'm afraid we will terminate prosecutions in the public interest and in accordance with our mandate.
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