The Office of the Director of Prosecution (ODPP) is an agency that “institutes and undertakes” criminal proceedings. In corruption cases the ODPP takes over and continues the criminal proceedings from the EACC – if the ODPP finds the case to be convincing. Otherwise it may dismiss the case. The EACC may resubmit the case or put it up for further investigation.
In 2013/14 the EACC has forwarded (only) 68 cases to the ODPP, of which 40 were recommended for prosecution and 12 for closure. The ODPP followed its recommendations in all cases. (source: 2nd Progress Report by the ODPP, page 51 external link – 14 MB!) If you are in need of details about how the Public Prosecutors should act, got to the download section of the ODPP official Web Site
There you find, among other documents like annual reports, the code of conduct and general guidelines for Public Prosecuters in corruption and economic crimes cases.
In the ODPP’s internal rules we find a paragraph about how to handle the media which may be useful to know if you communicate directly with a public prosecutor (here is a download and quote as of March 25, 2016):
“8.38 There is no general obligation to provide information to the media.
8.39 Information already given in open Court may be confirmed.
8.40 True copies of open exhibits may, if convenient, be inspected or provided.
8.41 Video tapes and Audio tapes of recorded interviews, re-enactment, demonstrations and identifications and all digital photographs and recordings are not to be provided or made available for inspection.
8.42 It is not appropriate to discuss with the media the likely result of proceedings or a matter being discontinued or an ex-parte process being filed.
8.43 When communicating with the public through the media, Prosecutors are to ensure that they:
a) Avoid making remarks that may prejudice fair trial interests;
b) Support the administration of justice and the integrity of the criminal justice system;
c) Respect the principle of open justice, and
d) Recognize the public interest in receiving accurate information about the criminal justice system and criminal prosecutions.”
ODPP official Web Site
ODPP on twitter tweeting under the hashtag #Anticorruption_ODPP
ODPP on facebook
