The Justice for Carolina Action Group has accused the Chief Minister, Fabian Picardo, of avoiding answering during last night’s “Direct Democracy” on GBC how those in public positions, such as the Director of Public Prosecutions (DPP), “are held accountable for their actions, given the lack of independent bodies to review actions and decisions.” The Group says that this is “despite, and in contradiction of” Mr Picardo's publicly expressed desire to meet with them to discuss and deal with their protests about the prosecution of the killer of Carolina Lishman.

A spokesperson said: “Mr. Picardo pointed out the independence of our prosecuting services from Government, but failed to provide answers on our quest for independent accountability of the DPP for his decisions and actions in the prosecution of Carolina’s killer.

“He argued that the DPP is subject to checks and balances from the Attorney General and the courts.

“Importantly, the courts do not have input into decisions made by the DPP, their function is to ensure that appropriate process is followed founded on what is put before them.

“Indeed, in the handling of the prosecution of Carolina’s killer, it is suggested that the DPP did not accurately reflect the family’s wishes to the court – leaving only the Attorney General to review his decision – with him only doing so after having been so ordered by the court.

“The intervention of the Attorney General, as outlined in his public declarations, has in fact raised more questions than answers, and his review has been of limited value in quashing doubts that have arisen in this case.

“With those further questions about potential new evidence, which remains unknown, and a clear feeling of public discontent on the matter, it now seems there is nowhere to turn to for independent answers, or to seek accountability on the part of the DPP.

“Mr. Picardo also mentioned the option of judicial review, which given the time limits imposed, as well as the huge cost implications, would not be a realistic option for most Gibraltarian families, and certainly not for Carolina’s family.

“Finally, he criticises the opposition parties for “interfering” with prosecutorial independence, ironically himself politicising the topic by so doing.  

“There is no question that prosecutorial independence should remain sacrosanct. However, that power and independence should be paired with appropriate accountability. Indeed, that protects not only the public interest, but avoids that individuals in public positions of responsibility be put in situations where their ability, or decision-making, is questioned without proper recourse to determine issues raised.

“As Mr. Picardo himself points out, a review of the DPP’s handling of the case is not a matter for our politicians, but for an independent inquiry, which is what we will continue to campaign for in the absence of the DPP’s resignation.

“Taking all that into account, in any matter as serious as this, where issues in decision-making and process are highlighted, and where there is such clear strength of public feeling, having independent procedures should be of interest and concern to our politicians. They should ensure that appropriate independent mechanisms are put in place that safeguard accountability and protect the public interest. Those requirements are very much matters for the political arena, being such that provide public confidence to independent bodies within the public service.”