Absence of police officers in court irks judge
Dominica News Online - Monday, July 23rd, 2012 at 11:43 AM
Justice Birnie Stephenson-Brookes
Justice Birnie Stephenson-Brookes on Monday sent a strict warning to police officers who fail to appear in court to give evidence during assizes.
This warning came moments after attorney for the state Clement Joseph, made an application to traverse the murder trial of Clement Labassiere to the September assizes. According to him, the application was made because key police witnesses seemed to have abandoned the matter.
The Judge who reluctantly traversed the matter indicated that she was doing so to put an end to this type of action and warned the prosecution that she would discharge the matter if this was to occur again.
“I have an issue with this!” she stated. “When we have assizes in this court I expect every police officer involved to be present. The next time a matter is before the court and a police officer is not here I will dismiss the matter.”
She made it clear to the senior officers present at the Roseau High Court that officers involved in assizes should not be allowed to go on annual leave or leave the state while the assizes is in progress.
Clement Labassiere is on trial for the murder of 74-year-old Ambrose Leblanc of Vielle Case. Labassiere allegedly hit Leblanc with a stone on the head on February 16 and inflicted an injury which is believed to have caused his death three days later.
He was one of several prisoners who had successfully appealed, at the Eastern Caribbean Supreme Court of Appeal, sentences handed down by Magistrate Tiyani Behanzin in April 2010 and had walked out a free man after being incarcerated for 10 months on a number of charges including assault and battery.
Labassiere, who had faced charges of threats, throwing missiles, battery and five charges of assault, was sentenced to a total of 27 months in jail in 2009. However, according to the Court of Appeal the defendant should have spent less time in jail.
The assizes which began in May 2012 is expected to close formally on Friday.
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45 Comments
If the Officer fails to appear in court for such critical matters, hold the Officer in contempt.
There must be a better way of handling this situation other than dismissing the case. Yes the police officers are critical to the case and providing evidence. But the judge needs to be sensitive to the plight of the victims. Justice should prevail no matter who slacks off. If the police officer is not doing his/her job reprimand that officer. Make them pay but victims should not have to suffer more than they already have dear Judge.
It seems that since the Government decided not to reinstate Mr Behanzin as an officer of the judicial system the crime rate in Dominica has soared to the greatest level.The present administration needs to stop playing politics with people’s career and reinstate Mr Behanzin. He was a great judge of character and brought criminals to justice for crimes committed. Growing up in Dominica as a young man it was unheard of to hear of so much crime, however crimes has just soared in the last decade. Dominica is no longer a safe haven that it once was because criminals are not brought to justice for their vicious crimes. Its high time that the government do something about the legal system and make criminals pay for their crimes.
dismiss the police officer instead.they have no respect. pull string that get most of them to wear the uniform.
It seems that since the Government started playing politics with peoples career and refused to reinstate Mr. Behanzin as an officer of the court because of some bogus reason, the crime rate in Dominica has soared to great level. Mr Behanzin was a great judge of character and executed the judicial system to the highest honor.He was not liked by those who had no regard for the law and since his exit from the legal system, our nationals have been doing nothing but cry for help. Make Dominica safe again. Growing up as a young boy in Dominica it was unheard of to hear of so much crime because we had values and respected the laws. Im totally disappointed at the way Dominica is being portrayed with so many of our young people violating the laws simply because they are not punished to the full extent. I believe its high time the present administration reinstate Mr Behanzin and hire other officers of law who will hold the laws at the highest level and bring criminals to justice for crimes committed. Lets make Dominica a safe haven again. Punish criminals for their actions and send a message to others that their crimes will not go unnoticed. It is sad when judge is threatening to dismiss a case against a hard core criminal because an officer didn’t appear at the hearing.Has she not heard of contempt of court? Why not threaten to hold the officer in contempt rather than threatening to dismiss a murder trial? Is she crazy? What kind of message is she sending to criminals? C
some of them think they more than people that is y they do that but all of us have to die one day.
Mr’ Carbon, please allow the officers to go on leave but take all their contact information and warn them that, whichever date they are needed for high court, that they would have to come to court. And offcourse, they will be given back their day. So have their contact information and their immigration departure card at hand in the event they are needed. And too much of the same officers going on courses. Share the courses with the rest of the police force. One set alone that going on courses.
There must be a reason that a select few go on training, don’t u think so? What is the reason you think?
But am left to wonder whose is going to suffer when such critical cases are dismissed your honour? On the other hand is there no way of demanding more respect in appearance etc from the police force?
I have one question for the Honourable Judge.Your honour can the high court issue arrest warrants for policemen,prisoner officers and other witnesses when they fail to appear before the court when they have matters pending before the said court? If so, can the same policies be applicable to the lower courts? Your honour i’m a complete imbecil when it comes to matters of the courts.I need some enlightenment. Thank you.
this proves that like alot of dominicans they do not really care about their job they just care about the salary.if the police not seriuos then we all might as well do what we want
Are you ready for this? thou I agree with the judge on the question no show by our officers to give evidence in cases especially with our current crime situation in Dominica. That having been said can some one tell me where this judge is from? The reason for my question is to put in perspective what I was told{RE that judge}I was allegedly told she likes to target our police officers and appears to be a little up tight if such is true my fellow officers watch out also brace up and do the right thing. We need the judge as much as the judge need us. Read thru the lines a word to the wise is enough. I rest my case and Dominicans I am just asking.
nonesense, the police is working for the state, the police job is to ensure that the people they think committed crimes are prosecuted, this cannot be done if they are in the rum shop….. Do your damn job I say
What utterrubbish! This right there is the problem with Dominica and Dominicans. So for being strict with officers of the law who fail in their duties, are unprofessional and come to court unprepared, the judge is targeting them. I cannot comment further on what you are saying because you said that you were “allegedly told” not that “it is alleged that the judge” so were you told or not?
Does it make a difference? we already know that the judge is gonna be lenient with the defendant…Maybe the officer knows the verdict already since so many criminals are roaming the streets ……Wake up judge it begins with u..start punishing criminals harshly and then the officers will follow suit and appear in court
.
@concerned
It is not a matter of the Judge being lenient. The Police should show up otherwise it projects lack of interest. If they do not show up without informing the Judge or for an emergency, the case will be dismissed. This may be the result of not showing up. They know it very well. No exception in Canada. I have heard that this happens for traffic offences. I was personally told about it. I do not know if it applies for serious offences.
Why am I not surprised? The Police in Dominica are a complete Joke!
Scream Drugs…alllll of them will running. More than half of them probably smoking marijuana, or beating their wives. However they will NOT respond to calls of domestic violence..or calls of people in need..
I see some “police men” in Dominica and I laugh..Go to the gym! Get some muscles! Read a book! Get a brain!
A student told me some guys came with cutlasses after a college student once. Police were called by frantic teachers and do you know what their response was? That they didn’t have a vechile!….I must have been missing something because THE PRISON IS RIGHT DOWN THE ROAD! Had the young man died from their laziness or negligence none of them would have been responsible.
They always quick to give people ticket if they parked an inch over where they supposed to..Walking around Dominica like they are invincible. Well clearly they think they are…If the police cannot even follow the law and show up to court when they are supposed to then how can they be given the right to arrest people who don’t follow the law?
Stupes!
I feel your pain and that sure feels better? now go drink some water!
I hope that when the ppl who disagree need the POPO they will come to their call! and when they dont!they will feel the pain too..
Always arresting young men for possession of the herb..the herb is the healing of the nation! If young men weren’t so jobless and idle they will not have time to smoke so much weed
PoPo PoPo..oh No oh No… …me no like yo! me doh like yo!
I’m always hearing and reading that comment that the police said they could not come because they did not have a vehicle available. I honestly have heard this about a dozen times in different cases and different districts. Perhaps with the funds allocated for national security in this year’s budget all police station will be equipped with transportation to assist them in doing their jobs. Note: not to go check little woman there and there, but to respond to emergency calls.
alas you pour out your heart on DNO wi i hope your soul rest in peace. when is your funeral?
Let’s be real, the court matters are adjourned so many times, are the police officers supposed to drag on with those court matters, and not take their vacation? I am not siding with the Police officers, because they can be some real slackers, but I am just being realistic.
This one is interesting, he was sentenced to 27 month by Tiyani and was released after 10 month because the sentence was too long and now he is on trial for murder! Guess the 10 months in jail did not do much to calm his spirit!
Well I listened to Tiyani’s lecture and now understood what was done to his decision, I never understood why the state refused to defend any, but most serious was the failure, deliberate failure to present previous convictions, these paid public officers should be dismissed! Now the death toll from those Tiyani Behanzin has either put in prison or denied bail, stands at 7, if you consider his call for the police to take action against the owners of cows in the Portsmouth area who refuse to make sure they are off the public road, the death toll would be 8. OK so we tried to destroy Behanzin, what have we achieved?
thank you miss bernie every dominican irrespective of colour is with you, and dont forget harder penalty for the criminal we taking the country back and kudos to the commonwealth of dominica police force hard working officers.it just a few of them that forms the fool but there are still committed lawmen out there govwrnment seriously needs to give the police greater resources
@ wells
A few rotten apples spoil the whole bunch. This means, it gives the good ones a bad name. This situation must be rectified.
To add to that, they should be held in comtempt of court and fined or jailed (what ever the comtempt penalty). Simply dismissing the case will not surffice … that may be exactly what some of the lazy ones want. Time to raise the standards of the CDPF.
I concur.
@ Reader
If it is habitual with them and without a valid excuse. If they do not have a valid excuse, they should be reprimanded and also suspended. They should be asked to provide one in writing from their superior. The Judge could consult their superior as to the reason why they were not able to appear in Court.
Even if they appear the court still let criminals go free so all for all just don’t go because going is just wasting government time.
Mr. Carbon, yet another one for you. get the officers to be serious about people’s fate. There has to be greater coordination between the DPP’s office and the police administration’s HR department.The constant, almost cultural attitude of the police to absent themselves, simply to prolong a case or keep somebody in prison must stop. Bravo Madam Justice Brookes.
But people, that cannot work across the board. if it is a drug case then that could work, but if it is a case of murder, man slaughter,theft, GBH, rape,or any sexual crime,dismissing the case Miss Bernie that just cant work!!!!what about the victims, is there no justice for them.come on miss Bernie there must be something else that can be done. you have the power to charge them a fine for not appearing when they are required too.and if they refuse to pay have them arrested and thrown in the jail. the police officer operates like they are above the law. its high time something be done with the tons of cases the court has piled up for years.
It is interesting that this judge can come out hard on this issue, compare to the case of sexual abuse against children and rape where the guilty party is give a slap on the wrist or community service, which is more dangerous to society, we must get our priority right!!!!!!
You are so right! We must get our priorities right and that includes you, the police as officers of the law, being in court when you are supposed to. Like everyone else you too deserve a life outside work but you must remember that the uniqueness of your situation mean that things may not always work to your convenience.
Good job, Judge , but do not dismssed the case, by dismissing the case you are not doing justice to the people of Dominca you are letting people who have alledgly commited a crime go free , so who win? the bad guy.
Just make sure that the cops do there job, and there supervisors should be responsible for making sure that there work schedules co inside with there court appearance and if they call in sick medical verification should be presented.
A no show in court by a peace officer on a murder case is no joke.
Okay folks let get serious.
It will be a cold day in hell before you hear any justice scold anyone in authority, they always go after the smaller fish, afterall it does not take alot of courage to get at the small fish, but i cannot blame the small fish as our legal system is an adversarial system, we have no justice in Dominica, the haves are protected at the expense of the havenots, when will i hear your voice for mano case. We have justices who don’t rule on law, but on cabinet decisions, as if cabinet is above the law.
Just look at the stabilizatio levy case when a judge rules if i rule against the imf it will affect the country, u can never have this crap in a civilized country, law is law.
And when you “dismiss the case” whom do you really think you are hurting??? The police officers??? Please get real!!! It’s the family of the loved ones who hurt.
I agree that that the police officers should appear in court at all time but dismissing the case? NO This is not justice for the victims and their families. What if a police officer gets bribed? We are dealing with humans in a poor country.
Instead I think that the officers should be charged and hefty fines imposed.
Maybe that’s the plan – for more cases to be dismissed and perpetrators to get away free. What a Shame!
Just another part of their job that they don’t/won’t do. They’re supposed to wear uniforms as well aren’t they?
According to the department they work in I think.
tTHUMBS UP BIRNIE
Don’t you think you Justice Birnie Stephenson-Brookes should consider the police officers action before you getting upset? Too many of the officers murder cases are being looked like a slap on the hand where 99% of the mureders are going FREE. Persons who are found with an illegal cigerette is serving more time than murderers,
what do you expect after a time when the officers are fed up with the court actions. Some of you just see money and do not care about the victim families.
There are some officers who need to straighten their act in the job but you all in the higher chairs do alot of crap also. Do not think it comes from the officers only. Their are a lot of you who make mistakes or will full in your verdicts.
When an officer do the work they are suppose too for the court, you JUDGES do your part so that the citizens of the land can start to put their trusted in the system.
bravo my judge i love you and it was time someone stood up to the and tel lit as it is if they dont show dismiss nice lady
So that makes her, a nice lady?
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