Attorney-General to wait for Supreme Court before moving on OSP cases

The Attorney-General’s Department says it will not immediately step into criminal prosecutions being handled by the Office of the Special Prosecutor, despite a recent High Court ruling directing it to do so.

Deputy Attorney-General Dr Justice Srem-Sai says the department will instead wait for the Supreme Court to give a final interpretation of the legal issues before taking any action.

His comments come after the High Court held that the Attorney-General should assume control of ongoing OSP prosecutions unless proper authorisation is in place. That ruling arose from a judicial review application challenging the Special Prosecutor’s power to prosecute cases on its own.

But the OSP has pushed back strongly, arguing that the court exceeded its authority and that the office’s founding law already gives it prosecutorial powers in corruption-related matters. It has since begun steps to challenge the ruling.

Speaking in an interview on Channel One TV on Monday, 20 April, Dr Srem-Sai said it would be too hasty for the Attorney-General’s office to begin taking over cases while the legal position is still unsettled.

In his view, the proper course is to wait for the Supreme Court to pronounce definitively on the matter and then proceed in line with that decision.

The case that triggered the dispute was brought by Peter Archibold Hyde and other suspects under investigation by the OSP.