Attorney general, Levi Peter, has been appointed acting Director of Public Prosecution (DPP) until the post is filled on October 31 by Guyanese Kurt DeFreitas.
Dominica has been without a DPP since the tenure of Julian Prevost, the man acting in that position, ended on July 31, 2013.
Speaking on state-owned DBS Radio on Wednesday morning Peter explained that the Constitution allows him to hold the position since Section 71, Subsection 3 of the Constitution stipulates that a public officer, such as himself, can be attorney general and DPP at the same time.
However, he pointed out that if the attorney general is a member of parliament, that person will not be able to fill that post.
“So if a member of parliament is attorney general, he or she cannot at the same time hold the position of director of public prosecution,” he explained. “However, if someone is a public officer they can, either hold the position or act in the position.”
He described the matter as a “stop gap measure.”
However, former acting chief justice of the Eastern Caribbean Supreme Court, Brian Alleyne has reservations about that move and described the appointment as “not the best situation.”
“The Constitution provides for the AG’s office to be held by either a political appointee, a political officer who becomes a minister in the cabinet and that was my role as AG,” he told Q95 on Wednesday morning. “And on the other hand, the alternative is an official AG who is supposed to be an independent advisor to the government on legal matters and to run the legal department as a non political, professional person.”
He questioned whether Peter was indepedent enough for the job and noted he has an important role to make it clear that he is indeed independent and “is not influenced by political considerations.”
“I don’t know if he is capable of rising to that level,” Alleyne noted.
He stated at this point an independent person should be appointed as DPP.
“To me if they cannot find a DPP to function at this stage, then they should appoint on a temporary basis, an independent person,” he said.
“In my view, it is not the best situation,” Alleyne stated.
Gene Pestaina the holder of the office of Director of Public Prosecution officially retired on July 28, 2013.
However before that he went on pre-retirement leave and Julian Prevost was appointed acting DPP from May to July.
When the post became vacant it was reported that Chief Magistrate Evelina Baptiste, was being considered for the position but in early August it was announced that DeFreitas had been appointed as the new DPP.
The DPP wields tremendous legal power in Dominica. According to the Constitution the “The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do, to institute and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.”
Mr. Peter please give up this position. It is in exteme circumstances that the onstitution mentioned that the AG can hold the DPP position, and we are not in this condition curently.
Justice must seem to be done.
You are not talking the truth when you say that no other lawyer in Dominica have not expressed their interest in becoming the DPP.
“So if a member of parliament is attorney general, he or she cannot at the same time hold the position of director of public prosecution,” he explained. “However, if someone is a public officer they can, either hold the position or act in the position.”
Garçon all dat headucation doh teach allyou noffing man learn to express allyou self in a professional manner nuh,,,
Is time to start filing actions in the Court of Common Pleas, or International Criminal Court for the bastardization of the Dominica Constitution, and the Ill will of these Bandits for the malfeasances that these Fellows are getting away with,,,
Dominicans seems to be under a spell. Them jokers who are in power are just doing what it is they want, when they want and everybody just sitting there like what I dohno.
eh las!! I wonder what else is there to come….
Per the Doctrine of Necessity come the next elections, we voting UWP
never will I vote UWP again. Every month end computer break down. I can never forget that
Conflict of Interesse
Nothing more to say …..Change is a MUST not an option.
We Voting UWP
So Prevost daycarlay them by arresting Seco-Seko for his crime and DLP upset so they want someone else to free him up. No Dcan in their right mind would discontinue the case against Seco but a Guyanese “may” just be inclined to sing the piper’s tune and have the case dismissed. This is a blatant attempt to once again protect the cabal and all their illegal activities. But be reminded that..”Change Must Come”…and that will be soon.
Assertive, NOT Agressive!
Fear no more, Change Must Come…and that will be soon.
Be sure with the saw.. We voting UWP
This new move exposes two major failures of the DLP.
1. Getting people educated and qualified for the 21st century is the claim of the DLP; but this move clearly suggest that we do not have educated and qualified people in Dominica and therefore a foreigner had to be imported to fill such void.
2.It also suggests that Skerrit and his DLP cabal definition of qualification is: “The abilitity to manipulate and cover up justice.”
About qualifiaction:
Maybe UWP should have a foreigner as its leader!
Address the weak criminal justice system. Needs a massive revamp!!
My family members are victims of its weakness
Be not afraid. Change is a must. We shall address the weak criminal justice system.
Just Ensure that you Vote UWP in and VOTE Labour out. Change is a must not an option. This is no red-herring. We must vote Labour out by necessity.
You see that thing about labour and UWP, all this partisan stupidity…..there is nothing wrong with supporting a particular party, but Dominicans…..it’s time we as an educated population, start dealing with issues and not party…..hold our leaders…both sides accountable….if this is the way we are going to continue….we’re on the verge of becoming like one of the politically corrupt African countries…is this really where we want to be headed…….shaking my head in disgust
The greatest divide in Dominica is not between Labour and UWP. It is between those who do not love Dominica and those who do.
Between those who tolerate bad governance and mediocrity and those who want good governance and accountability.
Those who pretend to be neutral, or quiet or who are openly in support of corruption and those who do not.
Those who want a change of political direction for increased prosperity and those who want to move to the next level of corruption, lies and personal enrichment at the expense of all Dominicans
Between the majority who are deciding to join the UWP and who say we are voting UWP as opposed to those who will die with the Labour party
Dominicans !!!! Dominicans!!!! Brothers and sisters all!!!!!! Citizens of this lovely Nature Isle. Do you understand what is really happening?
Remember that same AG used “Doctrine of Necessity” in the appointment of President? Usually that doctrine is used in times of war.
Remember it was the fearless, Chief Magistrate, Dominican Miss Baptiste, who had issued a warrant to arrest Lawyer Isidore. Remember too, some of his assets are in pound? She could never get the job as DPP. Even she is Dominican and has what it takes to do the job.
Who say the DLP Govt. did not know of the time, date when the office of DPP would be vacant? It’s all planned up.
Justice eludes all Dominicans. Who is that AG who thinks Dominicans will permit such nonsense for long? How long? Not long. Change is a must AG, not an option.
Remember Lawyer Mano had filed 42 charges of Fraud against that lawyer who had to be arrested as per the Court’s Order. Magistrate order arrest. High Court judge granted Judicial Review. Up to now no case. Not one charge of the 42 filed by Mano could be read in court to that lawyer.
Who all you fooling? There must be a reason why the DLP cabal want the AG to also hold the position of DPP, instead of Miss Baptiste, who is qualified, capable and willing. “Doctrine of Necessity?”
Yes I remember Mr. Peters supporting that Doctrine of necessity then He comes on radio and tires to declare that no one can find any wrong doing in His Character or words to that effect.
You were towing Mr. Skeritts line with this Doctrine even though You know that several Presidents came and left with the Constitution as it is so why all of a sudden invoke this doctrine? What next now the AG and DPP are one and the same .What the flip re You guys up to ? My vote and all others I can influence will be against this DLP Dominica Debah Party.
Labour must go !
I don’t care there will be a time labour party must must go they cant be in power forever
Nous FINIBAT
What is wrong with Dominicans? Where are the lawyers? Can’t they speak out? Why is the bar association not speaking out about what is happening on the island? Why do they have to leave it for Matt, Carlisle and Lennox? These journalists deserve a national award!!!
Well if it’s within the law that is one law tht need to be changed ASAP.. Why hav a party devotee Acting DPP.. Thts to much power for a partisan individual… In my view this is totally wrong on many many levels..
The Attorney General appointed Acting DPP..Having those two post…As soon as I heard this, even if it’s within the law. One thing popped in my mind, this shxt sounds unethical …
Is their a big emergency to hav the attorney General be the Acting DPP ???..Their is more to this white elephant.
This is definitely the next level Down!
What a moment of opportunity! Thanks to Section 71, Subsection 3 of the Constitution that stipulates that AG + DPP = 1.
Why go there? All this nonsense could have been avoided if only those who run things would stop marginalizing our very own in the name of gutter politics, protecting their interests, and a bitter hate for their critics.
The is fact, we have an experienced subject matter expert in the magistracy, one who has the credentials, daughter of the land, ready and able to serve, but rejected and marginalized by those who have an agenda.
Another reason that “CHANGE IS NOT AN OPTION ON ELECTION DAY, IT’S A MUST FOR A BETTER FUTURE FOR OUR CHILDREN’S WAY….”
How can all those wise thinking Dominicans, teachers, lawyers, nurses, bankers, doctors, policemen and all other civil servants just seat idle by not saying a word about such injustices that is taking place in Dominica!!
How can a DLP devotee appoint himself as DPP,a position that by law should be an impartial one and nothing is said about from the educated ones? eh?
No wonder our standard of living and development as a country is in tatars.
Dominicans we will have ourselves to blame by being silent while these guy run a mock of our country.
this country is sick
sorry I think you should take that back my country sweet Dominica is very bless by my GOOD GOD and its your people you put in place to take care of such a bless country that is SICK SICK SICK and don’t care about DOMINICA but GOD says wash your hands and wait all this things a just for a time GOD bless DOMINICA
well said my Youte;
wait and see what happens to the emanuel cases.god will take cade of you all with a national disaster.how long not long.i feel for you follow.
Mr. Julian Prevost should continue to hold that position as DPP until a replacement is found.
but how many jobs (salary) does people like peters,emanuel nanthan and those close up labourits have?
I wonder why Mr. Prevost could not just continue to act till Mr. DeFreitas takes up office.
Because Prevost could not seat by and allow such illigality to continue under his watch.
Some men have integrity u know!
This is bad news for Dominica and the pursuit of justice!!
The AG acting as DPP is to be watched very , very carefully. Patriots, stand guard!
Absolutely nothing wrong with that appointment. It is within the law. Please, lets move on.
A 16 year old girl can marry under the law, would you encourage 16 year old girls to marry. Laws have to be applied in a transparent, just and equitable manner.
Mr. Peter, I have a few questions for you:
1. What is / are, the qualification (S) of a public Prosecutor? Based on answers found online, a public prosecutor should serve as an advocate for no less than 7 yrs, and is required to perform his / her prior duties without partiality since the aim is to bring out the truth. Based on the latter part sir, is Mr. peter qualified? Has he shown partiality in his position as AG especially where loyalty to other top officials are concerned?
2.Sir, based on these qualifications, why do we have to go all the way to Grenada and now Guyana to find a qualified person? You mean no one from Dominica is qualified? Or are you trying to replace justice with political loyalists?
3.What became of own chief magistrate, Ms. Evelina Baptiste who was identified as a suitable candidate? Is it because she was too loyal to the state instead of the cabal?
Sir, please remember that it is “Righteousness that exalts a nation; but sin is a reproach to any people” Pro. 14:34
Read the TCI Affiars or TDN, Kurt De Freitas…is some kind of charater? Good luck on that one!
Mr. Peters I listen to you on Matt this morning and I was surprised you were trying to explain sections of the Constitution when it’s a document that your party an yourself disrespect any way we know what it said,my concern is with you because I cannot see you picking up from where Mr.Prevost left off regarding Mr.Emmanuel case and I’m sure their are other cases . Mr.Peters you a part of the problem not the answer remember you were the same person who said someone from outside seem to be making the decision at the DPP well Sir we dont expect any changes therefore, I do believe that Everlina Baptiste would have be a much suitable individual for the job than you
Why does everything under the Skerrit Labor Party Government, has to be inside out, back to front. How long are Dominicans going to take that nonsense from those jokers. Frankly, change is definitely a must, not no darn option.
I agree with Sir Alleyne. If you were not a member of parliament why were you in parliament the other day arguing how much money the news economic citizenship program will bring.
As i mentioned you should have been concerned with the legal aspect and protection of the laws and constitution.
it is clear that Mr. Levi is clearly politically bias and as a result cannot be trusted to bring charges to those who violate the law. I need not specify.
***NOT THE BEST SITUATION***
Sir Brian Alleyne is RIGHT!!! It is not the best situation.
AG Peter, why would you put yourself in such compromising situation!!
If a situation comes up against one of the government ministers. Would you be capable of of “EFFECTIVELY” processing your obligation as DPP?
-Thanks
This is just further proof that Mr. Skerrit has hijacked our democracy and is doing everything to deny justice to the people of Dominica.
While it may be true that the constitution makes provision for the AG to hold such position, it is very clear that Mr. Levi peter is not an independent servant of the state but the servant of Mr. Skerrit and his DLP Cabal. Mr. Peter is not an independent advisor but one that is totally put there to serve Skerrit. There is no way Mr. Levi will allow any case that may expose Mr. Skerrit to go through and that is terribly bad for the state.
As for the other gentleman from Guyana that will be appointed on October 31, is further proof that Mr. Skerrit is not interested in fixing the justice system that has plagued Dominica in the last 10 years. With the help of www that is available today, it would only take them 5 minutes to look into the reputation of mr. Kurt DeFreitas’ service to Cayman Island and he would discover that he is a very poor choice. But then again when you are living in the dark and like it, you will do everything to keep light turned off because “Birds of a feather always flock together.”
Nothing surprises me in this country ruled by a cabal of greedy leaders? It may be constitutionally right, for the AG to act as DPP, but how many people has faith in this Attorney General, whom many believe is one of the weakest we have had. How fair and level headed is he going to be in matters pertaining to those closely associated to the cabal? I AM ALSO CONCERNED!
Isn’t that the same failed Dominica where Skerrit told the people ‘Go To Hell’. It’s none of your dam business where Labour party gets its money?
AND HE IS STILL PRIME MINISTER?
These people have been taking us for fools for too long!
Labour WILL be in Power for another 5 years!!! Who vex loss.
easily
and you that gonna feel the pain
You lie. For another 50 years… Or forever. Well my friend,the corrupt and greedy cabal is on its way out.
Why do you think Skerrit is so afraid?