In keeping with its general policy and so as not to prejudice or give the appearance of prejudicing the outcome of any investigation, and out of respect for the judiciary, the DBA has to date refrained from engaging in public discourse regarding the above-mentioned matters, instead allowing the investigative process to take its course.
However, in the light of recent sustained and regrettable misleading and incorrect media comment, not least by Lay Magistrate, Tiyani Behanzin himself, the DBA is, in this instance, impelled to make some, albeit limited, public comment. Silence, in all the circumstances, is most definitely not in the best interests of justice, respect for the maintenance and integrity of the judicial system and law and order itself.
The primary purpose of this press conference is to absolutely refute and correct a number of flagrant and repeated inaccuracies, misrepresentations and untruths being disseminated through the airwaves and media generally over recent days and weeks. It is not intended nor will this conference address in detail the specifics of the written and other complaints made regarding Lay Magistrate Behanzin. These will be addressed at an appropriate alternative time and forum.
As you will doubtless be aware, over the year since the appointment of Lay Magistrate Behanzin, considerable controversy has surrounded the magistracy in Dominica. Further, the JLSC of the ECSC has established an Inquiry to investigate reports regarding the conduct of Lay Magistrate Behanzin and that Inquiry convened for the first time on Monday 22nd March 2010, but was adjourned sine die, the following day, Tuesday 23rd March 2010. Not a evidence was heard.
In the days immediately prior and subsequent to that Inquiry Lay Magistrate Behanzin made a number of misleading, inflammatory and/or incorrect claims on various talk shows and through other media outlets which in no particular order of importance, the DBA categorically refute.
Firstly, the DBA categorically refutes Lay Magistrate Behanzin’s claims that the complaints now before the JLSC Inquiry are essentially by disgruntled lawyers unhappy about so-called tough or harsh sentences he has imposed upon criminals in order to protect the public. Absolutely none, not a single one, of the written complaints made by lawyers and now before the Inquiry is in relation to any such sentence, harsh or otherwise.
All lawyers are well aware that the appropriate route for challenging a sentence is through the Court of Appeal and not a letter of complaint. Indeed, several appeals against sentences passed by Lay Magistrate Behanzin are due to be heard before the Court of Appeal this coming month (i.e. April).
What is more though is that at the time Lay Magistrate Behanzin made those claims, he was fully aware of these facts.
Secondly, the DBA categorically refutes Lay Magistrate Behanzin’s claims and/or suggestions that the lawyers and others who have made complainants regarding his improper conduct inside and outside the court are sympathisers and apologists for criminals and in some way the cause and are desirous of increased of crime in our society. Again Lay Magistrate Behanzin knew or ought to have known that his statement was simply incorrect.
Indeed, nothing can be further from the truth. It is well recognised by all lawyers who after all are part of the community and are victims too, that crime is a scourge on our society as indeed it is on all free-world societies. Crime cannot and will not however, be curbed by the unlawful conduct of officials charged with the responsibility of enforcing the law, be they magistrates of others, but rather through a clear and assiduous respect for and adherence to the principle of the rule of law.
Lawyers play a vital role in maintaining this or indeed any other democratic society. Lawyers are charged with an onerous responsibility, often overlooked, even disregarded by many, to fearlessly represent their clients and test the evidence being placed before the Court, even where their client may be accused of some heinous crime. The true strength of a democratic society perhaps lies in the fairness with which it treats the least cherished of its citizens.
Thirdly, the DBA wishes to make it absolutely clear that it utterly and completely refutes the wilful, some might say malicious, allegations made by Lay Magistrate Behan , to the effect that the DBA is and/or has been engaged in a dishonest and concerted conspiracy to remove him from the Bench. These allegations made by Lay Magistrate Behan in are, without an iota of merit or a scintilla of credible evidential support. The claims are utterly baseless and wholly untrue. What is however true, is that some lawyers, in keeping with their responsibilities as officers of the Court and with a view to maintaining the integrity of the justice system have sacrificed the time, effort and safety of anonymity to bring the spotlight to bear upon wrong doing.
Similarly, the Lay Magistrate’s allegations that there is some grand coalition of conspiracy against him, encompassing the Inquiry and presumably the JLSC, by what he terms “the Elites”, and that this conspiracy is directed at him because he is standing up for the “small man” is baseless. Further, such a claim rings exceedingly hollow when one considers that it was, presumably, those same “Elites” who (i) appointed Lay Magistrate Behanzin to the magistracy in contravention of the established policy of only appointing professional lawyers as magistrates, (ii) did not rush to convene the Inquiry: there has been a delay of some 8 months between the Ministry of Legal Affairs referral letter of July 2009, and the establishment by the JLSC of the Inquiry, and (iii) permitted a further delay by way of adjournment of the Inquiry. Though a mere sample, these do not suggest to any but the most blinkered any conspiracy or bias against Lay Magistrate Behanzin.
In conclusion, the DBA wishes to make the following brief points: Firstly, that the media has a duty to exercise a perhaps greater degree of journalistic responsibility in dealing with this whole matter than it has managed to date.
Whilst the temptation presented to any media outlet by a ready stream of allegations and innuendo from a sitting magistrate is understandable, it seems to the DBA that in any society, but particularly a small society such as ours, that a heavy responsibility rests upon the media to ensure that it is receiving and conveying to its audience the most accurate information reasonably possible. Thus far the media generally has made insufficient effort to obtain such fullest information or to vigorously test the information such as it has.
Secondly, the DBA trusts that henceforth journalists will be somewhat more forensic in their journalistic encounters, should Lay Magistrate Behanzin or any other judicial officer prove incapable of resisting the urge to pursue publicity, and the media to maintaining that regrettable public spectacle (probably unique to Dominica) of a sitting magistrate or judicial officer relentlessly courting the various media houses.
Finally, the DBA is of the view that this continuing saga is detrimental to and is undermining the justice system as a whole. Accordingly, the DBA is expects that the JLSC will rapidly reconvene the Inquiry and bring this matter to a speedy close whatever the outcome may be.
Further, in spite of the fact that this matter has been brought to the attention of the public, the Dominica Bar Association wishes to remind and advise the public that Mr. Behanzin is a sitting magistrate, to whom the public must continue to give the utmost respect as deserving of his office.
Dear Friends, Happy April Fool’s Day!!!
“If I were Rockefeller,” sighed the Hebrew teacher, “I’d be richer than Rockefeller.”
His friend asked, “What do you mean? How could you be richer?”
“I’d do a little teaching on the side.”
Happy April Fool’s Day!
Folks
Before we get carrieD away with all of this NONESENSE, lets just get a few facts straight:
… He is a “lay” magistrate. This means he is is an oridinary member of the public who has been oppointed to discharge decisions in summary/small matters.
The term “lay” is short for “lay man” and the English legal system which we inherited makes allowances for unquailfied persons to render decisions (with the assistance of quailfied persons) in order for defendants in non-jury matters to be judged by their s–called “peers” hence the term “lay magistrate’.
So, it really should no supprise anybody …which is understandable.
The lawyers understand this and are not complaining about this, when he gets the law wrong (which he often does) they simply lodge appeals…
what they are complaining about is his CONDUCT in the court room…
….If anything that should be the subject matter of any inquiry!!!
Law and Order, I assume that Lay magistrate Behanzin did not acquire the legal certificate from Hugh Wooding School of Law or another acceptable West Indian institution as necessary for practice in the Caribbean region; But magistrate …. did not graduate from High School.
It seems that having a degree in law will not suffice for some, additionally, the requuirement by DBA, that a magistrate must have been a professional lawyer is patently absurd. It debases the office and flouts the concept of impartiality developed by the British upon whose model our entire legal justice system is based.
The DBA mentions that there were several instances of harsh sentencing that forms part of the investigation of the SJLC. Can a magistrate mete punishment beyond what is established by law?
Clearly, the public opinion is that crime is a business for Dominican attorneys just as bad teeth for dentists. Unfortunately, narcotic crimes are lucrative for both the criminal and his attorney. Behanzin does not share that interest.
We have no confidence in the DBA. You guys are a joke. We support Tiyani.
I agree
let justice be served… we have had too many crap going on in the legal system, cases backlogged and criminals manipulating the system through the money hungry lawyers. its time that many serve the time and the right justice be handed down, withought lawyers ruling the system from clients with money.
the DBA wants to the cycle going where they rule tings and benefit from all the lawlessness in the society. there are many repeat offenders because they pay the bocks the lawyers get them off with a small fine and the cycle continues.
BIG up to Lay Magistrate Behanzin, let criminals think twice before committing crimes
Islamic Jihad? Sharia Law? Muslim Court? Satanic Verses?
I would really like to know what is meant by the representative of the DBA, when he refers to Magistrate Behanzin as Lay Magistrate Behanzin.
I would like to know if this means the same as in the English law or is there a difference.
If it the same from the comments of the representative. I can see where this is going already.
I see Dominicans would like a state with no rule of law where one man is judge, jury and executioner. Be careful of the slippery slope that you are begging for.
Already Behanzin has been telling people who could very well be your relatives to shut up in court when they want to present their defence. Already hearings last 5 minutes because people are not given an opportunity to be heard.
The poorest and the lowliest, even those who appear most guilty have a right to be heard. Should we return to the days of execution at the master’s pleasure.
I feel sorry when people are proud to say that they cannot read and understand what was written above. It is even sadder when they chastise others who take the time to read and to express themselves in a way that is clear and coherent. It is simple English which any person who went to school in previous generations would have been able to understand.
We elect all kinds of people to go to all kinds of meetings and represent us. Perhaps it is because they cannot understand what is said that we end up gettign the short end of the stick so often. People should be able to speak creole, slang and very good English. Dominicans love to wear their ignorance as a badge. It is so embarassing.
The problem in Dominica is not just about stealing, robbing and killing. It goes far deeper and overcrowding the prison at Stockfarm is not going to solve it.
they sound more as hypocrits to me by concluding that mr tiyani is a sitting magistrate and should be respected. why dont u say what he has done wrong… .they stand and defind the criminals let they out on bail so they can continue to rob and molest and trouble the good citizens of our land and the victims are the ones that are procecuted futher then they talk about mr tiyani being wrong. get real .i personaly dont belive none of them. i seee my tiyani is a true solider trying his best to serve a country that truly deserves his services . may good keeep him safe
… “DBA” from what I read the public is behind Behanzin, in the last paragraph, the DBA is trying to mAke it sound like the public is not behind Behanzin. The DBA should be dissolved! Bunch of no back bone …
Long live the Possy Magistrate and I am a Roseau native.
Well I’m sure that most of us have heard the saying ‘the law is an a**’, well here’s another one for you—’the DBA is a jack…’. And thank God that there are sufficient Dominicans that are not jacka***** to see through this whole diabolical proceedings. We the public will not be deceived and know exactly what their problem is. They are all substandard and have been presiding over the legal profession in Dominica like they’re running a kindergarten and thank God for Mr. Behanzin to shake the sh*t out of them.
They all need to go back to school and get educated before they spoil this Island by turning it into a den of thieves and murderers while they line their pockets and develop more fantasies and self-justification and corrupt the up and coming and better educated of the profession.
They need to wake up and smell the coffee, be humble and learn from our esteemed Behanzin who has been well groomed in the British CPS (Crown Prosecution Services), and for your information those people do not take prisoners or suffer fools gladly, they do what is required of them to the utmost standard and exacting and should quite rightly be feared by the lawless (within and outside). What are you afraid of?
People let us keep Dominica sweet!
That Bar association is full of crap. That Peter is just full of him. They realise Mr. Behanzin is getting to much publicity and in other to cover their shame decided a do a press conference. We are not buying it Mr. Peter. P/mouth peple know about you…
That letter is for who to read? See what I mean, they trying to communicate to the public and they trying to sound all high and mighty, those darn ‘elites’ ………to the person(s) who wrote this letter, please learn how to get your points across without such a lengthy, boring meandering epistle….which says nothing at all….a whole morass of reproach, finger pointing at journalists and expounding the ‘virtues’ of lawyers…….nothing truly substantial once you pick through all the flowery language. Education c’est pas l’esprit…if you want to send a message to the average dominican learn to speak the language of the plebians please.
Very well said! I am in total agreement. More power to Mr Behanzin.
Hear hear…. Court is Now In Session… GO Mr Behanzin, wield the sword and cut them down. I am tired of the crap going on in DUMBINICA.
Stick to what you know, my 100% support!!!!
I have read the educational resume of Tiyani Behanzin, and he appears to be very qualified to dispense his duties; more qualified than Ossie Lewis and others. How come he is referred to as Lay Magistrate? Is his a temporary assignment or what?
bondieu look big words!
Whoever wrote this article sounds like a d… malaprop to me. Next time take some time to communicate your so call findings in lay man terms so everyone can understand, the CONSPIRACY.
No respect for the DBA.
Where were you all when the Chief Magistrate ran a tirade on Lay Magistrate Benyanzin? You were moo moo?
They will be exposed,you have no fear. Dominicans start meeting them and talking,sending email etc so they come out from behind the curtain.
One of the article say he have no legal rep,somebody done told you wrong.
The DBA is treated rightly by the Dominican people: with disdain. This is a closed group, a fraternity. Have you ever heard the DBA coming out to speak out when people’s human rights are abused by agents of the State? Do members of the Association represent clients who have cases against lawyers? Does it speak out against unprofessional practices by lawyers? Did they chastise the Prime Minister when he inferred that he is above the law? Do they defend the Constitution when Government acts arrogantly and against the requirements of the Constitution in the exercise of power? The defeaning answer is a loud NO!
All I see in that whole epistle is bla bla bla……..
Shut up sirs and mams and dont try to come here and placate us with your nonsensical story. I believe Behanzin 100000000000000% and I wish all you would try some ish, to see how much the law abiding citizens are behind Behanzin.
What do you all expect when you give a man who molest a person child 3 months in jail? Or petty fines for drug running etc. Worse yet, how many people are out on bail for murder? Dominica is a lawless state, because of you and your corrupt lawyers.
I wish Behanzin was a High Cout Judge, then we would see something.
I fully agree.