KINGSTON, Jamaica — Director of Public Prosecutions (DPP) Paula Lewellyn is urging members of the public to be “judicious” with their discourse surrounding the $4.7-billion fraud case at Stocks and Securities Limited (SSL) which impacted over 200 investors including track icon Usain Bolt.

The DPP, in a statement on Wednesday, cautioned that pre-trial publicity could compromise the prosecution in the matter involving former SSL employee Jean Ann Panton, who is currently before the Home Circuit Court facing multiple criminal charges in relation to the incident.

Panton is charged on indictment with 22 counts pertaining to allegations of falsification of accounts, forgery, uttering forged documents, larceny by a servant, and offences under the Cybercrimes Act and the Proceeds of Crime Act.

“In light of the fact that the case against Ms Panton has not yet been completed and is under active consideration by the court, I and my assigned senior prosecutors in the case humbly request that members of the public be judicious with their public discourse in this matter; otherwise, it may compromise the prosecution of the matter and also ongoing investigations into other aspects of the SSL matter,” Lewellyn said.

She warned that the court will not hesitate to make certain orders, either at the command of the prosecution or defence or their motion, to safeguard the integrity and fairness of the process, given perceived excessive pre-trial publicity.

The matter was brought back into the spotlight in February when Bolt expressed displeasure with the length of time it was taking for him to recoup his missing funds. Since his comments, he has been criticised, including by at least one prominent member of the governing Jamaica Labour Party (JLP) who suggested he should bear some responsibility for his lost investment — that prompted a response from his attorney, who alleged victim-shaming.

READ: Bolt’s lawyer slams ‘victim-blaming’ in SSL scandal, claims gov’t failed investors

The matter heated up when the parliamentary Opposition, the People’s National Party (PNP), promised to get involved, with PNP President Mark Golding alleging that when the fraud became public in January 2023, the then Finance Minister Dr Nigel Clarke was negligent in dealing with the matter.

Golding also noted that Prime Minister Andrew Holness withdrew his money from SSL before it collapsed, and repeated a call for the Kroll report to be made public.

Tensions then escalated on Sunday when senior member of the JLP, Abka Fitz-Henley, in a response, made claims that the former PNP administration had failed to act on warnings from the Financial Services Commission (FSC) regarding SSL in 2013.

PNP’s Julian Robinson hit back a day later, stating: “The PNP acted decisively in 2013 to protect investors, while the JLP administration chose to trust SSL’s false assurances in 2017, paving the way for this catastrophic fraud. The Holness administration must answer why it lifted restrictions on SSL without proper verification, leaving Jamaicans vulnerable.”

READ: Robinson hits back at Fitz-Henley’s claims that PNP failed to safeguard SSL investors

But on Wednesday, DDP Lewellyn cautioned that pre-trial publicity as well as excessive public discourse can possibly undermine the fairness of the trial and has done so in previously decided cases.

“This case is a very complex one with voluminous material, and there are still ongoing investigations into other aspects of the matter involving SSL, which are similarly complex. The prosecutorial authorities, including the investigators, would be grateful if the public regarded the case of Rex v Jean Ann Panton as sub judice (that is, it is presently under judicial consideration),” she said.

Lewellyn said the Office of the Director of Public Prosecutions acknowledges and respects the constitutional right of every citizen in Jamaica to freely express themselves on any subject of their choosing, whether privately or in the public domain, within the parameters allowed by law but “I am obliged to issue a gentle reminder to the public that in the court of law, fairness to the accused, who is innocent until proven guilty by evidence given in court, is a critical principle of law and practice that the courts guard jealously.”

The DDP also encouraged witnesses, whether they are of high public interest or not, to adhere to best practices.

“This means that once witnesses have given a statement in a matter before the court, they should try as far as possible to be discreet and await due process, which will facilitate the said witnesses giving their evidence in court. If there is any issue that needs clarity or explanation pertaining to their witness statements or what is involved in the trial process in the criminal court, they are at liberty to consult the investigators or prosecutors or private attorneys that they may choose to retain to act on their behalf,” Lewellyn said.