Sawmynaden Acquitted: No Appeal Decision from DPP

In a significant development, the Director of Public Prosecutions (DPP) has declined to appeal the decision of Magistrate Anusha Rawoah, which acquitted Yogida Sawmynaden of criminally.

The decision, which was rendered after a thorough evaluation of the 39-page judgment, was based on several key elements.

According to a statement released by the DPP, the case against Sawmynaden relied heavily on the testimony of the main witness, and the credibility of this witness was crucial to the outcome of the case.

However, despite some divergent assessments of certain findings by Magistrate Rawoah, the DPP was not convinced that these findings were necessarily perverse and that there was sufficient grounds for appealing the decision.

The DPP explained that in cases where criminal charges are dismissed, it is carefully considering whether an appeal should be lodged.

In making this assessment, the DPP evaluated the soundness of the legal reasoning and, in relation to the findings of fact, whether there is a perversity, meaning that no reasonable court would reach the same conclusion.

The DPP noted that the dismissal of criminal charges based on credibility is often a result of benefit of doubt being given to the accused. “It is only in exceptional cases – where the finding is perverse – that the DPP normally appeals a decision,” said the DPP.

“The case against Sawmynaden relied primarily on the testimony of the main witness, and everything turned on his credibility, which made his credibility assessment crucial to the outcome of the case.”

The DPP pointed out that Magistrate Rawoah had identified several inconsistencies in the witness’s testimony, including a contradiction in his affidavit.

“Each person may have their own interpretation as to whether an inconsistency is material or not,” said the DPP.

“However, what matters are the conclusions reached by the magistrate who had the distinct advantage of evaluating the behavior of witnesses during their testimony before her.”

The DPP assured that the prosecution explored all avenues to prove its case based on all relevant information and evidence available in police files submitted to its office.

Source: l’Express