Incomplete file delaying ruling on further charges in SSL case - DPP

The Office of the Director of Public Prosecutions (ODPP) has clarified that it has not made a ruling on whether further charges should be laid in the Stocks and Securities Limited (SSL) fraud case because it is still awaiting outstanding documents from the Financial Investigations Division (FID).

This week, Opposition Leader Mark Golding suggested the office was "dragging its feet" in relation to the delivery of a ruling.

Finance Minister Dr Nigel Clarke later stated that he was confident that the office will make a ruling "very soon".

However, in a media release on Friday afternoon, Director of Public Prosecutions, Paula Llewellyn, said that "there are outstanding documents which are beneficial that have not yet been obtained from the FID Investigators."

She said the first set of documents in the case were submitted to her office in November 2023.

She said since then, the office and the FID have had meetings to discuss the file and provide guidance to the investigators in relation to the outstanding material.

"The last set of documents received from the FID was on March 6, 2024 and thereafter a meeting was arranged for the end of March to discuss all the materials submitted thus far," the DPP stated.

She revealed that the file is comprised of over 3,000 pages of documentary material. She said each time additional material is submitted, the four-member ODPP team has had to review the file in its entirety, making assessment about what material is outstanding, which offences may arise and whether the office will be able to mount a viable prosecution based on the material.

"The ODPP prides itself on providing proper/ accurate advice and prosecution outcomes resulting from appropriate assessments of the circumstances and the law in all matters. It is never advisable to prepare a ruling especially in matters of this nature based on an incomplete file," the DPP stated.

She added that "it is imperative that we have sufficient material which meets the evidentiary threshold as a matter of law to prove all the elements of each offence while establishing a nexus between the offences and the offender beyond a reasonable doubt."

The DPP said her office reserves the right to independently make its assessments in a timely manner depending on the circumstances and the availability of the evidentiary materials.

"We therefore look forward to completing our ruling in this matter and communicating advice to FID who would subsequently communicate these findings to the public at an appropriate time of their choosing given the sensitivity of these investigations and the possible consequences of our advice," Llewellyn said.

The DPP says while the case has attracted a high public interest, her office is not at liberty to publish any further details of its discussions with the investigators.

The fraud was reported on January 10, 2023, and only one person, Jean-Ann Panton, a former client relationship manager, has been charged.  

In August last year, the FID told the country that other people will be charged in the case in the coming months.

The SSL fraud has ballooned past US$30 million, or approximately J$4.7 billion, with more than 200 client accounts impacted. Sports legend Usain Bolt is among those affected.

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