I just read Mr. Clement Joseph’s response to His Excellency the President. In view of the fact that Mr. Clement Joseph was at one time an attorney at the Office of Director of Public Prosecutions, I paid special attention to what he wrote. Mr. Joseph’s assertion that the UWP did not, and do not require, permission under the Public Order Act to hold meetings may sound attractive to the people of this land with no knowledge of the facts or law. His assertion is however misleading. There ought to be no question that a public or other meeting or event cannot be held on any public road or highway without permission from the Commissioner. Consequently, whether permission is required or not depends on the facts and location of the meeting.
The facts
The facts are:
The meeting was planned as a meeting close to the Financial Centre on Kennedy Avenue, a public and not private road;
The UWP intended to park a truck in the middle of the public road for the purposes of the meeting;
The UWP in fact applied for permission to use a public road in order to hold its meeting. No person, politician, company or party can block, hinder or interfere with the free flow of traffic on any public road without the permission of the Commissioner of Police. The UWP asked to use the road for the meeting between 12.00 pm to 6.00 pm;
As a result of the UWP’s application the Commissioner called in representatives of the UWP and DFP to discuss the conditions under which he was prepared to allow the public road for the meeting. It was agreed that the use of the public road would be limited to the hours of 11.00am and 3.00 pm;
The Commissioner gave permission to use the public road on other conditions including the direction of the traffic and people;
The top of the road was blocked of and the truck parked in the middle of the road for the purposes of the meeting.
The law
Quite apart from the Acts of Parliament governing traffic and the use of public roads, it is an offence at common law to obstruct any public road or highway unless permission is granted by the Commissioner of Police. In other words, any public meeting or event on any public road or highway constitutes an offence at law . Accordingly, any person who organizes or holds any meeting on a public road commits an offence unless hewas given permission by the Commissioner.
Conclusion
In the circumstances, it seems clear to me that the President’s meaning was clear, permission was given to hold a meeting on a public road. Had the meeting been held on private property without any interference with a public road or highway, no permission would have been required. Mr Clement Joseph, an attorney in the Office of the DPP seems unaware of the facts and law. But perhaps more importantly is Mr Joseph’s message from the Office of the Director of Public Prosecutions. His position appears to be that any person can block a public road to hold any event. Alternatively, his position is that a political leader or his party’s representatives can apply to the Commissioner for permission to hold a meeting on a public road; agree to the conditions of themeetings; hold the meeting as agreed; and on the date of the meeting can ridicule the Commissioner, and taunt the Police notwithstanding the good faith of the Commissioner. If either is truly a position or message, it is a very troubling one coming especially from an attorney at law who once worked in the Office of the DPP.
tony go check marking tire son
It seems that the contention is not whether permission is needed to hold an event where traffic flow would be hindered, but whether the Commissioner of Police can dictate the terms and conditions for the event.. Let us elevate the level of the debate, please.
Marcus Hill, there is no law against lawful public assembly. There is discretionary power granted to the police provided they do not violate their authority through arbitrary use. To say that no one can determine when a public function becomes an attractive nuisance is an endorsement of anarchy. Lawlessness in Dominica is standard fare in Dominica served by both parties; and this exhibition of hooliganism in the name of democracy is nothing but sycophantic political propaganda.
Old Dominica. Now we are in the new Dominica. I noticed police on the road every day controlling traffic. Men working on the road they place a notice sign board but, look it.after completing their tasks,they ensure that the area is left in good working condition. On like the meeting it should have been left clean and tidy for other road users. Pay up to the people who had to clean after you. Both alibi and evidence are proven. The leader should have come forward and claim responsibilities. OH no, he went hiding whilst they treat his team mates like a dentist ,one by one
THE FACTS – (according to the oracle of Weston, Anthony Waddy Astaphan S.C.)
The government of Dominica did due diligence on Alireza Monfared prior to appointing him as a diplomat to the country through the highly respected security firm of Bishops
I am saying that this is a lie and and demand a letter of retraction, a public apology and exemplary damages of U.S.$. 10,000 to a Dominican charity of the people’s choice.
Thank you our ‘Overseer of the Slave Plantation, SC’.
Someone really needs to look at this guy. He is like the Dr. kevorkian of law, you are a shame and a disgrace to your profession. You twist the law to suit your personal agenda. Senior counsel devil indeed. You took an oath, but instead of serving the people, you too pushing your hand in public purse.
This too shall pass. The good time will end.
These guys like Tony according to the Mighty Sparrow ”make a mockery of the Law and have the Law protect them same time” for all the garbage that Tony has spoken he failed to mention that the responsibility of any one having a public meeting is to inform the Chief of Police whose business it is to provide security for those persons attending the meeting. It is not the business of the C of P to dictate what time the meeting should and must be held; bottom line.
buhhh why that reptilian still hissing na? mine we doh start to boycott the supermarket.
Astaphan out of it tall tales, his Tower of Babel is rumbling quick and smart Dominicans all know
Tony SC is the government lawyer because he is the best. The UWP goes to Trinidad to hire expensive lawyers and they still comes second best. Hate or love him he knows his onions this is why Linton ask for him when he had his problems in Antigua. The truth be told the opposition is scared of Tony. Let’s face it there are TWO Powerful men Tony and Skerritt and that is a serious combination
who let the dogs out bow wow bow wow.
Is this legal opinion coming from a Queen’s Counsel?.. Very sparse and basic. It fails to address the laws in Dominica on public meetings. Mr Joseph referred to the Public Order Act and you failed to address this.
You are supposed to be the top legal adviser for the Government of Dominica!!?. No wonder the country is in the mess it is in.
I feel sorry for the PM many times… He went into office with good intentions, but chose the wrong friends. That’s why ppl like tony just want… Just to use him!!
Why do you think tony et al do not want a pm from Marigot… ??? Because they cannot be easily influenced or fooled, like what he is doing to Mr. Skeritt.
I am saddened by how an Arab making a negro pass like a fool…
PM wake up… Select your advisors wisely, they are your downfall!! I am praying that you do this sooner rather than later…
Let me say again,once i see theiter is Tony,i view his written garbage as Something that belongs to the garbage bin..I DO NOT READ IT!Get into the ring Tony..Contest the Roseau North seat nah!
Tell it to the friends friends of Monfrared & the other rip off artists like yourself.
I suspect Tony wrote that one himself. There is a difference between the authority under law to grant permission to keep a meeting and the authority to grant permission to use the public road for any activity that would obstruct trafic, right Tony? Or should i direct the question to your legal experts?
@Old Fold Excellent assignment for Tony. In one of his articles entitled “UWP Expose by The Sun” read on DA vibes, he listed all who funded UWP campaign using CBI monies and how much was given. He also reminded us about the case of the two illegal passport holders, who made Canada imposed visa restrictions on Dominica under the UWP admin; but he failed to give a similar detailed synopsis of the current CBI program especially with all the allegations surrounding it and the number of criminals (more than 2 that is) that is arrested carrying a Dominican passport. I would really love a similar detailed article to be written on how the DLP managed its CBI program . With the US radio talk show host not letting go of the issue, I wonder if similar visa restrictions would not be taken against Dominicans in the future- this is a troubling thought, but as Daddy Chess said, people prefer putting colours before country than to think intelligently about the ramifications of this passport…
D.N. O. Should be proud! Make no mistake, no one or institution is safe, it’s only a matter of time. You read it on D. N. O.
This administration is dying or is dead so scavengers do what they do best __ feed on the carcass.
That’s him again __this time with a truck-load of barnyard products from the male cows.
No! we don’t want it.
I am happy that Tony reads DNO, and he is rebutting everything that is written against his gov’t. I must admit the man is working for his bolo payment. I do hope, though, that while he is reading the articles that his eyes slants rightward and downwards toward poll results. I am wondering why hasn’t he advised his gov’t to entertain the people’s wishes and carry out an independent inquiry about the CBI program, in order to dispel all these “silly” allegation and to parlay Dominicans concern about that CBI program that appears to be running amok especially on US Radio talk shows. Note that the system alone allows one to vote once; and I am sure not only workers votes made up the 82%, cause quite a few Labourites I have spoken to have shared some variety of concerns with the program; so the percentage is a good representation of the pulse of the nation; my question: why isn’t the result entertained as yet? Such questions, I would like Tony to answer.
Dominican are interested! You all reading Tony’s hogwash then vex after you did…do, like me…I don’t waste my time with Tony who don’t know which battles to fight; have to interject and complicate the issues in his attempts to gain political point for a sinking gov’t; and currently behaves like a mad man trying to dispel all negativity against the dealings of his rogue gov’t like its a matter of life or death; not one elected member talk on these issues like Tony (perhaps, that Tony’s role as the gov’t lawyer; so what role does the AG have, thought it was he who is supposed to be defending the gov’t and the state); I tell you Tony. Said he does things for Skerrit for free; but I don’t buy it; Skerrit must be paying Mr. otherwise big time.
In fact, the comments following Tony’s hogwash are more informative and interesting than his articles; so I just read them instead and have a good laugh
Had you not read it you’d not be commenting fool
Ok Tony you have said your peice on to the more urgent issue. Please provide us a detailed response like the one above to our questions about Monfared’s diplomatica passport, Dominica’s and Skerit’s involvement in haboring an international fugitive, the number of passport sold to date by type and under every administration that was part of it, how much was generated under each administration, how much was used and to what purpose, how much is left and in what banks and bank accounts are those funds held and the account name. In other words tell us who is and when are the engaged to conduct a non limitation of scope audit.
In the mean time that you are working on your response and untill it is submitted you need to go sit in a corner and start working on this assignment and PLEASE PLEASE PLEASE be quiet. Do not disturb the other hard working, more intelligent and sensible Dominicans with your childish cry cry baby nonesense. MOVE!
good question to Tony…..but don’t hold you breathe for answers, you might just die.
Brilliant Tony. This is a great piece. It amazes me how knowledgeable you are about the law; evidently, some people do not know the law even though that is part of their job. It baffles me to hear some people say that their is no law in Dominica in relation to keeping a public meeting. The argument from these people is that you can keep a meeting on a public road, blocking the road for any length of time without any care or reservations of the public at large. This type of mentality is absurd.
I meant that there is no law.
Lawyers like Joseph that mislead the UWP and have them break laws. When they have to pay they say the court system is rigged. Stop listening to crooked lawyers who tell you what you want to hear. Never
listen to anybody who just tells you what you want to hear, listen to the truth no matter how brutal, that’s the only way you can win anything.
Read the following cases that Tony won handsomely at the Eastern Caribbean Court of Appeal that the Privy Council found that Tony WAS WRONG ON THE LAW!:
DPP v Steadroy Benjamin
Election Boundaries Case from St. Kitts. He famously said that if they go to the PC they would lose badly
Observer Publications v AG – please read specifically paragraph 39 where they said that he distanced himself from the very arguments he gave at the Court of Appeal
and ask him for the other cases he won at the Court of Appeal that the PC did not agree. Who ever said that blocking the road is not an offence? It is that it is NOT an offence under the Public Order Act. So Expat, get some sense and remove the red wool from over your eyes while reading.
Tony, Joseph quoted the law, and interpreted it in a simply way that even I an idiot could understand it you know. So, which of the two attorney’s are correct, which one is not accurate!
Are you contending that Joseph is delusional, or perhaps as usual things written in the English language in Dominica means something different in the same English in the rest of the world, hence Joseph interpretation of the law written English in Dominica is wrong?
( I doh know so ah just asking).
Tony boy go buy a donkey I think one would be very therapeutic for you.
is Tony d mouth piece of Skerrit and his men. everytime something comes up against d government he hve to come an say nonesense. y mister cannot agree to jus eat his money an shut the hell up. STUPES.
Tony have his wires cross just like his eyes, so he can’t think straight, with Skerrit in his ears every second. Lord have mercy
Tony…..Mr. Clement Joseph caught the President making statement that is not covered by Public Order ACT.
Too much lies and cut & paste…. Their are other people who knows the LAWS of this country.
So if the cabal invoke their authority under Public Order Act then it was unconstitutional and not legal.
Where do go from HERE……Down I can Tell You!!!!!
Blah Blah Blah, why don’t you just quit while you are ahead. No one wants to hear what you have to say. Go toss it in the Garbage Bin Bobol!
Dominica Prime Minister from far away has said his verse. Interpretation of the law can be confusing. With all the problem the real Second Prime Minister in his pot some people can be confused but 98% of Dominicans are able to read and understand we can interpret the law for our selves.
The man made REFERENCES to what part of the law can be read and be self informed. We surely so not need and interpreter.
It seems Anthony Astaphan believes he is the only one who can correctly understand and interpret laws.
Anthony Astaphan, why are you the one always ready to comment on what people post. Who told you that you are lord over Dominica. What are you doing up in Florida, if you are so concerned about what is going on in Dominica, why aren’t you in Dominica? You are just sitting in Florida putting Dominicans against each other with the bubbles you are belching out.
How can you call yourself a lawyer when you are condoning everything that is wrong? Does the Labor party get permission from the police commissioner to keep meetings? Keep singing for your supper at the tax payers of Dominica expense, it will not improve you as a MAN, if you get my drift.
Your hatred for Dominicans are so obvious but Dominicans are to blind to see it.
Tony, the man never said that, he never said that no permission needed to block road, he said none was needed to hold a meeting and he is right, he never specify whether in public or private.
Stop complaining and fight back. He said, it is an offence at common law to obstruct any public road. You look at common law offences, and any common law offence involving a public road falls under the Road Traffic Act in the UK. in terrorem populi domini regis
Do not forget the Govt blocked the road at the financial centre, u all need to stop complaining and outsmart mister he is not so bright as you think, law is a matter of code pleading, maybe it is time the opposition fight fire with fire and start suing the government of Dominica. I have a long list of law suit ideas to force skerrit to reveal information about monfared. You can email me at [email protected]
I am not associated with uwp i am doing this for Dominica.
Why don’t you just sue the government?
Seriously, this man suffers from verbal, diarrhea. The danger is that people are bombarded by this man so much they don’t take notice anymore, they get tired and think he is a damn nuisance even on the occasion when he may be right. People, suffering from Tony fatigue and wish he would stop, being a pest like a jen-jen.
So I wonder what this means for our current Attorney General who basically concurred with Mr Joseph in his response that no permission is needed…I guess is Tony alone that know law
So I wonder what this means for current Attorney General who basically concurred with Mr Joseph in his response that no permission is needed…I guess us Tony alone that know law
SHUT UP ASSTAPHAN!!!!
You are like an Ever Ready Battery!!!
Tony,
you are misreading Dominicans right now. Tony you cannot continue with the same old. it is a different Dominica in the last month or so. Even me experiencing it. People who loved Skeritt and did not believe a thing has changed. I am so surprised. People may be fooling you. I have been so hurt about my country and there are people i would talk to that would say the opposition is telling lies. Tony it only took the events of the last few weeks to turn people against you. Your opposition is strong. This even surprised me. I cant believe what I am hearing in comparison to a month or so again.
Tony PM is in trouble. help this man, Help Dominica. I do not know PM nor Opposition. I am going based on conversations i had over the last two years.
Tony,
Be aware, ask PM the truth, speak the truth, put DA first. Dominicans are a forgiving person they will forgive.
But really your utterance is aggravating them. Also the president should have kept his silence, that make them more…
By precedent, custom and tradition, just in case you were living in mars, in Dominica we keep our political meetings on the government road my boy (Lagoon, Lalee in Grandbay, Weirs flat in Marigot and so on). Political rallies are held on playing fields mainly. So if the constitution says you don’t need permission to keep a political meeting and we all know that is on the government road we keep our meeting, what are you saying?
Actually there is no such thing as “government road”. The government works for us. So technically the road belongs to us the people of Dominica. And this is why there is no law in the Constitution to ask permission to hold meetings on our roads.
The government of Dominica adopt silence to mega questions hoping least said soonest mended, this is just blunder a lot of huffing and puffing, that detracts from the issue Dominica financially is on the rocks , because the banks are closing the Governments accounts in respect of the CBI programme, Tony Talent would be best spent in putting that matter right cause Skerrit simply can not
Interesting points Mr. Astaphan and thanks for writing your cabal member’s article for him. However, do tell us now:-
1) Where is the $95M per month in Dominica’s CBI/ passport sales going;
2) Why was the Dominican ship, SWIFT arrested for carrying ISIS fuel. Who are the detained crew members and what are the other 10 Dominican ships carrying;
3) Why are so many of Dominica’s diplomats crooks and criminals and why did PMRS go to Greece?
4) Why is PM Skerrit a millionaire – where did he get the money to buy a fancy apartment in New York?
5) Why has there been no justice for GON’s missing millions which were in the care of your master’s lawyer who is still a celebrated lawyer and esteemed member of the Dominica ‘Bar’ ring of Everyone to Justice;
Why is it that you FAIL repeatedly to answer the above questions when if anyone criticizes your master, you jump down their throats like a true legal lady of the night whose soul was long sold to the devil himself.
Tony man behave yourself. let Dominica take care of themselves. We have been victimized enough.
You all privileged people still can’t identify with the down trodden people of Dominica. We have been battered and made impoverished by people like you, Volney , Nassif. Your comments angers People like me more.
Do you love Skeritte?
Does Skeriitt have a tongue?
Do you love Dominica?
If so stop talking , let Dominicans make their own decision. As my mother would say you do not have to respond to everything. All food good to eat not all talk need to be verbalized.
I am tired of you!
Could any of you UWP lawyers out there explain why the Police determines the Carnival routes and for how long?
No Winston, we don’t but if you are that smart please, explain it for us. Thank you Winston.
The Police determines that because the law on carnival SRO that is issued right before carnival by the Minister in Parliament authorizes that. The Public Order Act also authorizes the same Minister to pass a SRO to prevent a public meeting. Did you see or hear of an SRO in respect of the UWP meeting? Will a dumb laborite supporter who is so blind answer than?
Did the Police authorise the blocking of the Dame Eugenia Charles Boulevard for many days when the DLP imported a foreign artist to do a show on the Roseau Bay Front? Remember, the road remained blocked for many days following the event. If the Commissioner did give permission, then he is indeed the King of Sot.
By precedent, custom and tradition, just in case you were living in mars, in Dominica we keep our political meeting on the government road my boy (Lagoon, Lalee in Grandbay, Weirs flat in Marigot and so on). Political rallies are held on playing fields mainly. So if the constitution says you don’t need permission to keep a political meeting and we all know that is on the government road we keep our meeting, what are you saying?
I rememember that street party with imported artistes held by the DLP blocking the main road right there by the terminal and the post office for days, inconveniencing a lot of people and breaking the noise abatement act.. Did the DLP obtain written permission from the police for that?
Tony, you think you have to react to everything in defence of the P.M,. I don’t know why but you don’t always tell the truth, do you? It appears now that Bishop did not carry out any due diligence on Monfared as you claimed. So, why should we believe you all the time?
Yes, such a valid point here..the Road was Blocked for days. There was no Police in Riot Gear, or Snipers on roof top..ask them where the permission that was sort?…Jah double Standard surely go kill Dominicans..
What interest Tony have in them fellas. Mr cannot make wind pass boy. He always have a comment man.
Thank you Mr. Astaphan. I am not a lawyer and not as smart as one but I wanted to make the exact point. As a matter of fact the meeting could be held on a public road without expressed permission providing that the free flow of traffic is not obstructed and that includes vehicular and pedestrian. So it leaves to reason then, that once you need to have a portion of the road blocked, Mr Joseph, for any purpose (bar-be-que, car wash, Church) you need permission from the Chief of Police , (The Traffic Commissioner); not permission to have a meeting per se, but to use that public road.
Tony get a life.
I think you come across quite fairly, Tony. Politics aside, your advice is worthy of acceptance. The clarification I am seeking is whether the Commissioner of Police is truly the public authority to give permission to obstruct traffic and access on a public road. I was party to a written request to the Commissioner to obstruct traffic on a public road for purposes of constructing a business house. The Commissioner gave permission. After erecting the obstruction, the Ministry of Works asked me to tear it down BECAUSE the Commissioner of Police is not empowered in law to give permission to obstruct traffic and access on a public road. The Ministry claimed that the public road is the property of the State, and entrusted to the Ministry of Works, therefore the Commissioner of Police is ill-advised if he purports to have the authority to give or deny access.
It therefore seems to me that the permission purported to have been given to the UWP by the Commissioner cannot hold water.
Indeed it cannot. Mr. Astaphan is a skilled manipulator of the truth. However, all this is of no account as Dominicans and the world at large now know for certain what is going on in Dominica and neither him, nor the regime can fool anyone any longer.
Dominicans have been and are being taken for the ride of their lives whilst elites inside and outside Dominica have and are continuing to profit vastly from the activities of those at the top who they support.
Frank Talker there was a time when that Ministry felt they had the authority on public roads, i remember having an argument with a CTO in that Ministry, but the law is clear, it is the POLICE AND NOT THE MINISTRY who has authority, so the uwp were correct to seek permission from the Commissioner, but was wrong to prolong the meeting beyond the agreed time……
Wasn’t the meeting over? Why then could the truck be allowed to pass? Can someone enlighten me? I’m getting the feeling that the police was expecting trouble.
Correction: why then was the truck not allowed to pass?
Ok JOE, I hear you, but which law are you referring to? Both you and Tonyass wrote about a law which empowers the Commissioner of Police to set times for a public assembly where the assembly obstructs traffic, but what law says so?
That seems to be a grey area indeed. I have heard of similar instances in other states too. So can all these legal luminaries clarify who is really in charge of the public roads, and legally authorized to issue permits to block/obstruct traffic. I frankly cannot conceive that there is no law governing the use of the road
I swear if Skerrit killed somebody in cold blood in the center of Roseau, mister would make him the victim. Smh.
@JBaptiste I agree with you!
Tony won’t bite the hand that is feeding him, but wait until PM get a dose of reality and turn on Tony for leading him the wrong Path.
Behind every successful man there is a woman. MRS. Skerrit step up and help get your husband get away from all these bad advisors.
Hilary Clinton and Michele Obama ran the White House in silence – you wake up girl and help your man refocus. COUNTRY FIRST – Serve the people who elected you, not the bunch of “wonna be’s” who just follow you around, try to dress like you and make a complete fool of themselves. You need Guidance no boom boom FLYS.
Only God knows the hour of their trial.
Great point, JBaptiste
That’s idiotic. Address the facts and promise of the man’s contentions.
all u see astaphns mister just dont like us sorry the people of this land. smh
Ya Tony, ur feelings hurt man, as u didn’t do a good job writing Savarin speech..take it easy there..doh jump on everything, u come across as MAD when u do that..Like nobody else in Dominica knows ..
You said it right, “nobody in Dominica knows,” Crazy as the world seems, with the support for right-wing, anarchists widening, what other country in the would could February 7th happen without the would-be coup plotters not be cooling their heels in prison? Only in DA. But I blame the political class now in control for decimating a once capable police force that was well equipped to conduct thorough, non-partisan investigation.
Tony need to shut up now!!!
It annoys everyone to see you on every medium trying to justify what??? This crazy!! If you guys gave the PM sound advise into the leadership of this country he would not be in this dilemma.
You really need to pay attention to getting the country out of this mess you helped create and SHUT UP!!!
imagine a man tony writing that letter if i should call it that with no fact and indicating sections from the constitution of dominica is a big joke. HE JUST DONT KNOW WHEN TO SHUT UP….
@Forkit & Ricky, the truth hurts. What Mr. Astaphan has written is totally correct. Your comments seems to be attacking the messenger to avoid facing the truth.
You want to pick up everything! I fed up with you right about now man! Go and pack your old embryo self on a side man! STUPESSSSSSSSSSSSSSS
i wish this was facebook,,,,he deserve a maypwee i cannot see the man
Dominican it’s a free country so give the man a break, he has his constitutional right to express himself!!! You act like a DICTATOR!!!
do u even have one you fool useless eater depend on some to speak for u and dont learn to analize stuff yourself