A Dominican lawyer, who was attached to the office of the Director of Public Prosecutions (DPP) in Dominica, Clement Joseph, has spoken out after the President of Dominica, Charles Savarin, issued a statement concerning a February 7, 2017 public meeting in Roseau and subsequent violence that erupted after it was over.
Joseph, who is now working as a senior public prosecutor in the office of the Director of Public Prosecutions in the Turks & Caicos Islands, took issue with parts of the President’s statement.
On his Facebook page, he wrote a piece entitled “A civics legal/ lesson for the President of the Commonwealth of Dominica in reference to his statement released today,” in reference to the statement released by the President on February 22, 2017.
“This is the same person, who as President of the then Civil Service Association (CSA) that led the violent demonstration of our young nation and the ultimate downfall of the democratically elected government,” Joseph wrote, in reference to events on May 29, 1979 which led to the downfall of the Patrick John regime.
According to him, Chapter 15:01 of the Public Order Act of Dominica does not ever require anyone to apply for permission to keep a public meeting and Section 7 of that Act speaks to the power to prohibit a public meeting.
“The law only authorizes the Minister to issue an order that can prevent a meeting. To date, since our Independence, only one such order was issued by Edison James as Prime Minister to declare that no public meeting could be held in Mahaut on 26 Aug 1996. For weeks the Opposition had advertised their meeting and if the Minister wanted to prevent it, he should have issued an order,” Joseph said.
He explained further that the “Public Order Act” gives the Chief of Police “no powers to set time and place of a meeting.”
“So if he purports to do or have done so, it would be null and void in law,” Joseph wrote.
“The very President in his statement said that ‘permission was given by the Chief of Police for the holding of a public meeting’ when the law does not give the Chief of Police any such power, much more to dictate terms and conditions. To date no one has been arrested and or charged for breach of these so-called conditions,” he wrote further.
He questioned how it is that the President can say “it is ultimately for the courts to determine whether the terms and conditions agreed upon for the holding of the meeting were adhered to?”
“Is there something he knows that we don’t? Has he given directions for the arrest and charge of persons for failing to adhere to those bogus unlawful conditions?” Joseph asked.
DNO contacted Attorney General Levi Peter for a reaction and he said as a nation we need to act more responsibly when we take decisions. He stated that although permission is not needed for a public meeting, both parties agreed to start and end the meeting at a certain time and the agreement should have been kept.
On February 7, opposition parties, namely the United Workers Party and the Dominica Freedom Party, held a public meeting in Roseau calling for the resignation of Prime Minister Roosevelt Skerrit. After the meeting was over, violence erupted in Roseau and several businesses were vandalized.
The organizers of the meeting have distanced themselves from the violence saying it began hours after the meeting was over. However Prime Minister Skerrit has said the violence was part of a plan to overthrow the government. He blamed the opposition parties for the entire matter.
Boy, we may as well face it. Tony Astaphan is infallible. He is always right, even when he is wrong. He should be the next Pope, Why not, he is already Roosevelt Skerrit’s confessor.
LOOK IT: Any one who came to me direct needs help and this is what I am good at. First remind your lawyer friend of his office code of practice. It read as follows:- Trust no one; believe no one; and don’t get involved. This is the way we fish them out for Tony to get them in the witness box. Skerrit is yours if you want him but the damages caused to Roseau has to be paid for,Is he coming forward to claim responsibility.
Using political motive to question the law is somewhat divisive and helps to fan the flames in the volatile political atmosphere facing the Country. The statement regarding Charles Savarin leading a violent demonstration of our young nation, causing the ultimate downfall of the democratically elected Government, is somewhat misleading,the downfall of Patrick John Government was not done by a mob in the street, it was done in Parliament with a vote of no confidence.
There is so much arrogance expressed by Mr. Joseph, when he says quote “Is there something he knows that we don’t? Has he given directions for the arrest and charge of persons for failing to adhere to those bogus unlawful conditions?” Mr. Joseph, it is not you who decide what is bogus and unlawful in Dominica, simply be interpreting a statue, do not let unleash your ego on the Dominican people.When the rule of Law disappears, we are ruled by the whims of men this is not what we want in Dominica.
Hey lawyer! that was misleading…and half true..No permission is needed for a meeting..Agreed. but where are you gonna keep it? i would suggest to keep it on private property that doesn’t impede public property .And since you eventually decided to block traffic by keeping it on a public road without permission then what..
Now, let’s introduce some logic into the mix for the average joe who is not a high school graduate, let alone being a legal mind but does have what we call ‘common sense’ and in the legal profession we call that ‘the reasonable person theory’ and for the likes of joe let’s also say it in patois: auon sutiweh se auon voler.” Now let us also juxtapose another connotation alongside the aforementioned … one hundred cents’ is another name for one dollar. If the events of February 7th 2017 is considered a criminal act, as a reasonable person, I would therefore put May 29th 1979 under the same umbrella even more so because as a consequence there was lose of life. Mr.Levi when you say that,”as as a nation we need to act more responsibly when taking decisions” ___that sounds more like counseling and I think that Joseph has an edge over you argumentatively. The fact is that an agreement is a contract and a third party without authority may not there after be engaged.
DODDS! YOUR COMMENTS reveal that PM KICK your butt and it still hurts, I cannot wait to read your story. People who are sensible will realized that Turks is not an English speaking country therefore,mr.Joseph is second best. Needless to say more than that he got the message loud and clear The President wording is, stay away from trouble for crime does not pay. Fervent Mr. Blackmore the silent one is setting the routes, if you cross the boundaries calaboose for you plain and simple. All braves die young. Crime does not pay. blessings my people blessings. ENJOY your street jump. OH observe I never mention carnival because it means the devil cast out from heaven and he is on the loose.
Another marigot carbal. He is the cousin of Lennox so what u expect? All of them coming out showing their true coolers. But all of them so labour never victimise them. But harder they come is harder they going to fall. The date we the people of dominica waiting for to show all u for we don’t want u all.
Please NUWP please how did Mr. Joseph and Lennox became cousins? Laughable indeed.
Guess you like spreading propoganda,
tell the man he embarrassing himself nah…. ITS ONE THING TO BE THOUGHT A FOOL THAN TO POST ON DNO AND REMOVE ALL DOUBTS
Garcon tell the man is Turks & Caicos Islands and that them people speaking English nah.
Why are you such a hater. If he was kicked out he found himself a much better employment with prestige. Wonder if you Can you say same???
SAD eh!
PAPA LORD……ummm Sir, Yes you Sir, Mr. Prolific where the heck you from
YOU CANNOT BE FROM THE CARIBBEAN?????
Sir TURKS & CAICOS Islands OFFICIAL LANGUAGE IS …..*drum roll please*… ENGLISH.
Allu seeing how stupid these Skerritite are…. making such a sad and unforgivable post “Turks is not an English speaking country therefore,mr.Joseph is second best.”
I DEAD
& NUWP giving him HARD support eh and not telling the man he making a fool of himself, WICKED!!!!
Did you just say “Turks is not an English speaking country …”
Why do you think Charlo took soo long to come out and talk?
I am pissed. The President is suppose to be neutral and to stay away from political rhetoric especially where it is likely to cause divisiveness. Charles Saverin knows fully well what he is doing and saying; he knows fully well that the current issue is now a hot political debate. He getting involved clearly exposes his political bias. By suggesting that the courts will decide on the matter when there is no such matter before the courts is calculated advise to the authorities to take the matter to court. I mean how can a president bring himself so low. But he is a political freak and it was just a matter of time before he emersed himself in the party politics. The public would be better served if the president addresses the international scandals Dominica is allegedly involved in. He should’ve shown great concern where Dominica State symbols are being branded about in Monfered My Dominica Trade House.Com promotions. That the issues the president should address us on.
Intact before our national symbols can be used in print and other wise the permission of the office of the President must be solicited. The OPEN question to Charles Saverin, Sir, Did Mr. Mornfared the alleged international sanctions invader sought permission and or obtained permission from the office of the President to use Dominica State symbols, the flag, the coat of arms, in his promotion of his Dominica Trade House .Com scam and if he did not why hasn’t the Office of the President strongly demand that Mr. Mornfared and most say others cease and decease from ever using our national symbols on their bogus and scams fake schemes. What a shame when our national flag is seen being flown on oil tankers which facilitates the transfer of oil against UN and USA sanctions and the president says nothing but rather wants to make statements of a party partisan nature. Garcon only in Dominica that foolishness can happen. What bogus president.
We right now need to get this government out,period,and you Charles savarin time will tell.
If you let thse people in office they will destroy DA, please Dominicans becareful they are wolves in sheep clothing.
You can’t logically destroy something that has already been destroyed, now can you?
Matt Peltier should hold a discussion on what happen in Dominica on 29 May 1979. The young people should now who the president actually is. actually a Day in memory of who died. it is only then President Sarvin will close his mouth.. The could play it every morning like a faucet dripping on a bucket in prisoner cell.
” although permission is not needed for a public meeting” – ALL YOU HEAR?? So next time they come with their nonsense about set time and requesting permission you heard it straight from the horse’s mouth.
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.
Karma is a bitch, ain’t it? Isn’t this the same attorney Clement Joseph that Skerro deemed unqualified to be magistrate, DPP, AG and Commissioner of police? Now he and Charlo are being schooled by the “little boy” from Marigot. Great job comrade Joe. Take them back to school
. Alpe train man like you very well. I wish your coursemate Comissioner Carbon would take a cue. Keep up the good work bro and we look forward to having you back home some day.
Always Assertive!
All the comments show hatred, spiteful, Jealosy . It appears that the people hate each other than they hate the PM. The president statement was more than being a president but also Father advising a son to stay out of trouble. What happen in public is a police matter. Every person own a mobile phone with a camera and recorder attached. We have moved way forward from 1979.LOOK IT LOOK IT DON’T GET CAUGHT.
Thanks for your professional assessment on the matter as Mr saverin is pretending to be unaware of this.
Something is amiss. The learned officer did not tell us what sustem is in oplace for the orderly conduct and management of public meetings. What of the spirit of the law? Is the current interpretation of the law open up real opportunities for potential vonglict between waring factions? Is the interpretation suggesting thatfrom a purely legal basis any pitical party can simply pitch tent as it were anywhere and jold a public meeting? So who therefore control co flicti g schedules for the same venue (public space) when two or more interests have expressed interestsin in the venue for he same date and time? Who should abitrate? Should we slways resort to “Mahaut style” crisis management in deciding who use whicj public space and when? There is need to test that provision in law. There is the ecpresse written word and their is the spirit and intent of the law. The law makers I am sure would have envisaged a orderly management system for use of our public space.
Thanks Mr Joseph.
These turncoats are trying to muzzle the citizens of Dominica.
Charles Savarin appeas to be suffering from selective amnesia!
The man is a blog joke.
The way he appeared on screen reading that message makes me think he did not write that himself. I wonder, is he still 100% physically and mentally fit and aware of what he said and its implications?
we are fed up with this govt. they must gO!!
Too bad people did not see that at the last election time.
well well well
more row row
PM Skerrit speach righter didnt know the law before he they wrote
All Charles loves is to be in power. He will jump on any ship or boat and turn a blind eye towards the suffering of his people as long as he is in power.
I will say it once more all the people that are calling themselves labourites need to remember what the late Hon Rosie and Mike Douglas and others stood for. Skerritt have drove a nail in their coffins by appointing Charles Saverin President of Dominica. CHARLES ran against Mike and Rosie for years in my Town of Portsmouth and lost all these years. In my mind he holds that against the people of Portsmouth. His Mother and father including himself is from Portsmouth. He will never like the people of Portsmouth who voted against him. To make him President is a slap in Mikes Rosie and the people of Portsmouth face. That’s all I am saying. Now it is left to ask is the PM truly a labourite.
Since Mr. Joseph has given the go ahead for meeting without permission I look forward to seeing him at the next. Ready to put down his life for the cause.
Lili you need to be educated. Read, read, read is the key to find your answer.
What does skerrit have to say ?
Who cares?
He Moo oomoo???
Always Assertive!?
@??, we have to compare what took place in 1979 with what transpired on the 7th of February 2017, since what took place in 1979 under the leadership of Charles Angelo Saverin was and is far worst than what the Dominica Labour party saged on the 7th of February, Do you know how many business places were destroyed in 79?, MAMO knew who and what Charles Saverin was capable of doing, this is why she shipped him to Brussels and was taken care of with our tax money for many years. Today this same Charles Saverin who caused destruction, in Dominica is today residing in a twentyfive million dollars palace enjoying life, being taken care of with our tax dollars and passport sale dollars
Jennifer…so right and insightful!!!! Couldn’t have said it any better!
the boy does bingo hard on Dominica.
I too was of the same opinion with respect to the actions of charlse Saverin, of May 29 1979. During which he mater mined a protest action to overthrow the elected gorvernment of Patrick John. The whole of Dominica was closed for 40 plus days and millions of damages was left in its wake, even death. and up to this very present day he is yet to be charged for these crimes. Hypocrite!!!!
Charge him!!! America charging man on their death bed decades after they do their crime. what is good for the goose have to be good for the gander. Is either you charging him along side lennox and them or we making that pass.
DNO contacted Attorney General Levi Peter for a reaction and he said as a nation we need act more responsibly when we take decisions. He stated that although permission is not needed for a public meeting, both parties agreed to start and end the meeting at a certain time and the agreement should have been kept.
MR LEVI was it a legal agreement??? Was it based on a contract…. talking nonsense bout agreement to start and end….
It was a gentlemen’s agreement, which may not constitute a contract, which can be upheld in court. I doubt very much if the gentlemen’s agreement could be enforceable in a court of law in this case, especially since it it can not supersede the constitution, which confers unalienable citizens right on certainly one party. I am not aware that that party waved those rights under the circumstances.
So do we understand you to be saying that the UWP and Freedom Party representatives who met with the police chief and senior police officers were acting in bad faith then?
There is no legal obligation for them to adhere to any agreement.. The chief of police was already legally wrong or out of the way for trying to force the party to end at a certain time… there is no basis for this agreement.. Yes they had an understanding… but if it was needded for the meeting to go more than 3 pm whats he problem?? There is no legal constraint.. so what is the big force about the meeting went past 3 and there is no breach of any law? It’s likely that the chief of police acting with the authority that comes with his office try to use his athourity to make thends leader accept and agreement. Good faith or bad faith is not the issue here ..they trying to say that the meeting went past 3 pm so as a result, it precipitated what happened in roseau.
Bad faith? No knowledge of the law. They knew that by spending the hour or two in broad daylight over any arbitrary agreement was not breaking the law. The police knows that as well otherwise Linton would be the first to be arrested…So, something else had to be invented. Open your eyes.
Levi Peters and the other apologist are surprise by the intelligence of a more educated opposition and its supporters so instead of answering the questions posed directly to them they are now engaging in diversion. Levi Peters the days when only a few could educate their children are long gone in dominica. The small man/farmer now have doctors and lawyers in his home thanks to his hard work and sacrifice.
now what legal ramifications are associated with such agreement?
1979 and 2017? that is mixing apples with oranges…There was a 48 day strike..everybody..what you have now is a small minority trying to dictate to the majority.
I see you called my name.. so what you saying if it have 150 men on a ship adrift… and 100 of them decide it too hard to hold on so they start to drill holes to sink the boat and drown… the other 50 should just agree and go along with it?? that’s our problem right there…we don’t listen to, or take heed of each other.. So everybody suffers and its chaos.. what if just one man see a light on the horizon??? yall too full of yourselves boi..
Exactly!!!! Furthermore if i steal today and get convicted of the crime, does it make it right tomorrow? That I should not speak of it being wrong to steal? Common guys…
You are flawed: your comments are out taste and reason.
There is a way that one should conduct themselves when they are the perpetrator of a crime, or crimes. Thirty-eight years ago Charles brought Dominica down. Not once in the past thirty-eight years has Charles made any attempt to apologize to the nation for the harm he caused?
If he has I don’t know about it; so you can informed me!
He never apologized to the family whose love one lost their life in the fiasco; which he Charles Savarin engineered! Without an apology to the nation, and taking responsibility for the evils he perpetrated on the people of Dominica, he has no right to talk to anyone about violence, when he is perhaps the most violent man in the country.
Eugenia Charles executed a guy from Marigot for less, all he did was participate in an attempt to overthrow of her government!
To Francisco Etienne Dods Telemque
I laugh at the foolishness you write. When you say that Charles Savarin should apologize to the nation for the harm he caused shows how little you understand. If it was not for Charles Savarin, Louis Benoit and the many other brave Dominicans you would not be using DNO today to write the nonsense you spew against the Government. Patrick John proposed an amendment to the Libel and Slander Act, the Libel and Slander (Amendment) Bill was an attempt to muzzle the only regular weekly newspaper in the island, so much for your your ignorance.
exactly idiot, if you get convicted of a stealing, u can com and speak aout not stealing after because you get reformed. but not if you steal, escape conviction, everybody know you guilty and u stand up dere telling another dem arrest a next man for steal. an dat not even steal, dat more like watching if you compare the 2
You are a demonstration of this minority, you are the minority, read the comments below and be aware, open-minded and educated. You hang around inept Skerrit and his corrupt Labour government too much.
They have killed Dominica and have turned families in t beggars……and that you worshipping
them jobs UWP promise alu have all rat coming out in their hole hahahaha
Well at least they can promise jobs because they have a plan to create jobs….. Skerrit has DA holding the record for the highest unemployment rate in the region, even with that crap NEP concept that other smaller islands using to give high schoolers work experience before graduating. All you laborites unless allu cannot go and beg Skerrit or Parl Reps for a little 100$ allu won’t wake up. Come on man, every month allu have to go for help because u cannot find work as there are no jobs, allu cannot pay rent, allu cannot buy a proper groceries, allu can only line up for a little couple of hundreds that have to last allu some months before allu head back to join the line but allu not waking up to realize Skerrit has failed the country and Allu his supporters
FYI…..I work…make good money…always have money for groceries….the only place I will line up for money is at the bank…my rent is always paid ON TIME…and I don’t even know where the PM or my parl rep offices are located because I have no reason to go there…sooooooooooo so ur point is????? just understand I can nevvvvvveeerrrrr vote lenass lieton as my pm never
Turks & Caicos Island dont think he is rate, the only rate i see there is you .
what the heck is a rate???!!!!..hahahahahahahahaha…rate jesus!! man at least learn to spell before you come here and embarrass your sad self
Mr Joseph as a legal mind u should be more educating than that. The president did indicate that permission was granted based on the Public Order Act, and not as u have put forward. Your commentary is thus misleading and dishonest. Read his statement again and be objective. Your criticism of him based on his former actions and.current position is with merit, but please provide us with a better analysis for ur current position.
You need to shut up, because you do not know what the you are talking about!
The more stupid, and dunce you all are it is the more vocal you are showing how ignorant you are, talking fart! You are not concern about the garbage Savarin wrote, but you come talking crap about the man who have tried to educate idiots like you on the law.
The damage Savarin caused Dominica in the physical, and psychological effects are still affecting the country, thirty-eight years later! Where is you mind, where is your commonsense?
You are stupid!
You keep calling people stupid and dunce. You Smart? Eh? The kind of things you write portrays a disturbed, mental, depressed and foo individual.. I want Trump to deport your A…….. back to Dominica.
DNO I hope you publish this one as this man always insulting Dominicans.
I liked ur comments, seems that’s what u wanted. Dunce as I may be, I’m not illiterate. So since u are obviously smarter than I am, point out where the President indicated that permission was referenced from the freedom of assembly act. U should know that we stupid people need guidance, not to be called dunce….or are u just emotionally frustrated
Very well, I am happy, if I am crazy you have fit me into a very high class category, you have place me among men like Albert Einstein, Pluto, Nikolai Semenov, Cyril Hinshelwood, Emil Fischer, Isaac Newton, Ivan Pavlov, Adolf Meyer and a host of other great scientists!
Brilliancy do not come cheap, everyone is not academically incline, some of us has this special gift, crazy or not!
So, if you are jealous of my mind perhaps you can devise a way to turn crazy too; you can become crazy by simply buying a crack pipe, and have fun eh!
Smoke some crack cocaine none stop for a few months you will become Dominica’s smartest!,and then you will be able to write nonsense as you suggest I do!
Hahahahahahahahahahahahahahahahahahahahahah!
You are ignorant, and that’s the bottom line!
The public order act makes provision for the conduct of meeting. The Chief of Police permitted them to use the road for their public meeting between 11:00 am and 3:00 pm. for the use of the Road.
Fore instance the UWP could be granted permission to use the potters ville savanah by the Committee for a certain period of time. Under private contract the meeting would have to end.
In case of the public Road the meeting would have to end when the licence to use the road expired at 3:00 pm.
Francisco you are an a
@ Francisco, I see you are on your nasty comments again guy calling every Labour supporters idiot ignorant stupid and dunce, man you have a nerve Francisco, you are just a nasty bit of work with a mental illness, this is why you are vex with everyone that is not singing your type of dirty songs you are ugly and profoundly immoral and wicket.
Any person who claim to be well educated, and can only use bashing and insults in response to other individuals personal opinions, has very little to offer and contribute in life and nation building. We use DNO as a platform to brag of our accomplishments but deep down inside we are like white washed tombs (empty). ( if I speak in the tongues of men and of angels, but have not love, I am only a resounding gong or a clanging cymbal. And if I give of all I posses to the poor, and surrender my body to the flame, but have not love, I am nothing..You maybe that as a golden nugget.
Any person who claim to be well educated, and can only use bashing and insults in response to other individuals personal opinions, has very little to offer and contribute in life and nation building. We use DNO as a platform to brag of our accomplishments but deep down inside we are like white washed tombs (empty). ( if I speak in the tongues of men and of angels, but have not love, I am only a resounding gong or a clanging cymbal. And if I give of all I posses to the poor, and surrender my body to the flame, but have not love, I am nothing..You may use that as a golden nugget.
@ Politics at truth, – For your information, the Act says that you DO NOT NEED PERMISSION TO HOLD ANY PUBLIC MEETING. IT WAS A KIND GESTURE< MADE BY THE UWP THAT AN AGREEMENT WAS ENTERED INTO IN ANY CASE. IF I WANT, I CAN START MY PROTEST MEETING AND MAKE IT LAST THE REST OF THE YEAR. AS LONG AS I AM NOT ENDANGERING THE LIVES OF ANY INDIVIDUALS OR PROPERTY. The act says that the chief of police has no right to say otherwise. why do you think those church people can set up shop anytime they want anywhere they want and preach? same act. public meeting.
Face it bro…either you mental or you are on the verge of a mental breakdown….sick bastard !!.
Man bite dog; I am tired of insulting you that dog! I will simply leave it to you to burn your stupid self out!
Are you stupid or what? The police has no power to grant or not grant permission under the POA or any other act. There was a gentleman’s agreement and they only thing you can hold against the organisers is that they failed to keep to their end but no legal consequence can ensue from that. The same way saverin told us public offers in 1979 that the police cannot prevent us from gathering, is the same way, POA or no that the police could decide whether or not there was a meeting or gathering and certainly lyrics not a protest.
I thought Mr. Joseph said that permission cannot be given under the Public Order Act because THE ACT DOES NOT REQUIRE IT.
HOW THE HECK CAN I GIVE YOU PERSMSSION TO SELL RUM UNDER AN ACT THAT DOES NOT REQUIRE YOU TO HAVE PERMISSION IN THE FIRST PLACE?
Forget about legal mind; where has commonsense gone?
Stop laughing at your silliness.
KaliBud please point out where is the criticism . The only person that is criticizing is you , here’s your first
statement ” Mr Joseph as a legal mind u should be more educating than that”
ThIs person clearly didn’t understand that Clement Joseph was actually educating them.on what is laid out in the Public Order Act. This makes the president statement null and void and not in accordance with the public order act. As far as I see it the President should only address the vandalism of the properties and stay away from the politics. He should be neutral and he should read the public order act himself before issuing any statement on this. And it doesn’t matter if both parties agreed to a time…when it was actually unlawful. For instance if your landlord makes you sign a contract that says when he gives you notice to leave that you must leave within a month, it doesn’t make it lawful cause he must give you 3 months. So you signing agreeing to one month doesn’t actually make it lawful.
You and Mr Joseph are both right. I read the act and re-read the article. It was a meeting not a procession/protest. My misunderstanding may have stemmed from previous comments (in other fora) – not an excuse.
Simplicity at its best! But is that the spirit of the law? can we for one moment consider the ramifictions of such an interpretation to the law? According to the commentary, only the Minister has the authority to cancel or prevent public meetings. And he sighted the infamous Mahaut State of Emergency in 1996. What he did not say say is the High handedness and dictatorial nature of that particular decision which was never tested in court because of the timing of such an order in relation to the bye-election. The order was issued a Saturday afternoon to take effect the next day Sunday and the bye-election was on the Monday. there was no time for judicial review. So the discussion on this matter must continue in the hope that good light would be shared on the matter. Unlike Senior Counsel Astaphans who does not hide his political views, Mr. Joseph’s attempt to come across as a neutral was nullified in paragraph 4 of the his commentary. His rights nevertheless. He need say no more.
whoa, epitome of an idiot
Lets wait for a counterargument form the Government.
Why? our constitution is clear and in case of doubt it stands supreme above any other law that any parliament may introduce. Go and read our constitution, no need for government to argue. No government can argue against constitution, not Roosevelt Skerrit or Charles Savarin. or Lennox Linton, not even the Pope or the bishop of Roseau. This is nonsense.
Your idea of The Constitution is based on an illusion. The Constitution is a guide line to our liberties and how our lives are to be governed it is not the law. Yes we are under a Constitution, but the Constitution is what the judges say it is, and that is The Law.
There will be none coming because they are stunned by the intelligence of people of Clement Joseph’s caliba. But just to add, the police would only have such powers to issue timeframes within which the parties have to abide only in a state of emergency or if marshall law was declared. However, since there was no state of emergency or marshall law then the police have no such power.
Not sure why people are comparing 1979 with what’s happening today. The difference is chalk and cheese. First of all, we are talking about a very small minority which seems to be making a lot of noise. That small minority should not be allowed to dictate the way forward and disrupt the peaceful nature of the country, especially based on the fake news and dishonesty coming from the opposition.
@?? – Well I find that ‘small minority’ you referring to be well strong and powerful. That ‘small minority’ so strong and powerful, that all you leader dead scared of them to the extent that he is even hallucinating that ‘the small minority’ with the assistance of a dump truck attempted to overthrow him on the night of February 7, 2017.
P.S. – Go read a book. Phew!!!!
Waw buddy. what dimension do you live in? Dominicans have lost much of their courage since 1979. noone wants to take the first bullet or be held accountable for throwing the first stone. The young men in roseau tried it, but they were highly misguided. many dont want to lose their jobs or opportunities for their children. Psychologically we have put ourselves in a noose and many are scared to speak up and act. Seems Charles is on the wrong side of the fence and his agitation skills are needed to help shake things up. Comparing 79 to 2017 is the same thing. curruption and the people are fed up. The mouth that get the scraps will always speak up and support the hand that feeds them. that is expected, however, what is wrong is wrong. you may very well be supporting organised crime, but dont care because it blocks a hole for you, meanwhile you dont even care about your true potential to block your own holes for yourself because they blocking a little piece for you when you go to cry 4 them
Well said Mr. Joseph. Please remind or rather educate the President of Dominica. I am sure in 1979 he was aware of his rights when he rioted against the sitting Government.
Now Mr Charles listen and continue to keep quite.
So, Mr. Clement are you saying that it would be legal and proper for any political party to schedule a meeting in lagoon starting at 8 am and ending at 12 midnight , without requesting permission from the police? What about the flow of traffic? What about the concerns of other citizens going about their daily lives not wishing to be disturbed by ranting politicians. Would it be legal for Tax association to have a meeting in the middle of Mary Eugenia Blvd without getting permission. You don’t need permission to have a meeting, that protects freedom of speech and association . However if you plan a meeting to be held on government or public property permission must be sought from the relevant authority. You would not be asking for permission to have a meeting (that is not a requirement ), you would be seeking permission to use a particular location to have your meeting.
What nonsense is it you are asking, are you fore real? Go talk to a friend to educate you how this works
You missed the point by many miles. Perhaps it is because of your political biasness, unlike people like you who only view the world through a particular political lense, I like to be independent. So if you are saying that because you have a right to hold a public meeting without permission, you also have the right to hold that meeting at any place of your choice without permission. Then why not hold your next meeting on the hospital compound outside the casualty department. You need to seriously educate yourself, that will allow you to make more informed and sensible comments on topics which you disagree.
Many of the commentators here might not have experienced the events of 1979 and the event that started the riots. Savarin together with other Union leaders like Zaboka, Anthony Joseph and other leaders of civil society, also included are people like Julius Sampson at the time editor of the Chronicle, we must also mention Ron Green and Athie Martin. They were guilty of leading a peaceful demonstration against the passage of a bill aimed at restricting freedom of speech and of the press. Patrick John had his soldiers to shoot at unarmed demonstrators killing one and wounding many. It was the criminal actions of Patrick John that sparked the riots. Trying to put Savarin in bad light for the events of 1979 is utter rubish, he played a vital role in preventing Dominica going the dictatorship route. I wonder if a demonstrator was shot by police on 7th February 2017, would the UWP and their supporters put their tails between their legs and head home? If you
Really? Are you for real? I am so ashamed right now at the level of ignorance that is porported by you people. My friend, again, the law does not request for permission to be sought therefore it is the responsibility of the organizers of the event to inform the police so that they through their presence and logistics will help ensure peace and order.
Be aware that the last time I checked Dominica was not a police state, not under a state of emergency nor marshall law and if you are unhappy about that blame Skerrit for not moving fast enough to communism while his daddy Chavez was still alive.
Do the evangelical churches ask permission to set up their prayer meetings on the sidewalks of roseau?
This DLP regime and their ideologues are so wicked and evil,that they even tried propogating an arrant piece of evil,that a hifi truck was being used to overthrow the government..Guess on carnival Monday and Tuesday we wont have hi fi trucks on the road.
here it is that the director of public prosecutions is admitting that no permission is needed to host a public meeting but the chief of police and skerro have been constantly misleading the public by saying contrary. this is an abuse of their official capacity.
Well if that’s the case the government should tightened the law on such matter. In case of any future demonstration and there will be no misunderstanding.
When you are requesting a tightening of the law, remember that one day DLP will be in opposition, and the amended law will work against them.
What demonstratio are you referring to?There was no demonstration on the 7th of February.There was a meeting.
There is no misunderstanding. Oh my god why are our people so dense. Read the constitution please, it is much smaller than the Bible and much easier to read and understand. Please, go and read it and see what it says about people’s rights. they should distribute a copy to every second eduction student, like they use the cathechism. It is that important. There are no ifs and buts in there. It is christal clear. you can even read it on line.
The bible is what is blinding our people from the truth. This bible is used for the swearing in of the religious men just as the politicians. They forget their swearing in once they get in office and just as the religious men, the politicians keep steady control over their members’ minds. That’s why some of the masses can’t think for themselves. They wait for the religious and political leaders to think for them. It seems like they are sitting on their brains. This is so SAD.
UNAPOLOGETIC
praise god, Dr. Thompson Fontaine taught me civics at the SMA. and it needs to be included in the school curriculum. to many idiots like kalibud making foolish comments.
That is why the opposition forces were so agitated by the announcement that a new Public Order Act is to be introduced.
If you are so keen to hand over your rights to someone else why not just ask for the return of slavery ?
These invaluable information given by Attorney Joseph, exposes the illegal actions that takes place in this administration. A micromanaging leadership with their installed poppets, makes the laws to suit their own agenda.
If u read the President’s statement (and understood) u would see for urself and stop relying on misinformation and distorted points of view. Permission was granted under the Public Order Act and not as interpreted by Mr Joseph, whether deliberately or through ignorance and/or lack of understanding. Obviously not everyone graduated from high school.
Somebody must come forward and explain why is it the police is not authorized to grant permission for the holding of public meetings. In the spirit of the law, are we suggesting that any two parties can decide to hold a meeting in the same place or within close proximity to each other. isn’t the public Order act designed or intended to manage the orderly holding of such activites. Isn’t the public order act designed for the safety and security of individuals both those attending the activity and those living or moving within close proximity of the meeting. If the public order act is meant to protect and keep people safe then who is responsible for managing the same? The Hon Attorney general let me down in this instance. So Mr. Lennox Linton is right then? or is it a matter for interpretation by the court. I think so, because if that is the case then the way is open for chaos and confusion. Mr. Joseph did not address the issue of closing a public road for the holding of a public…
…why don’t you go read the Act for yourself. Do you like Skerrit etc want what you wish, or what the law says. Which is it. If it s Skerrit you lean to , then you are in the wrong camp and company
Thank you sir..You are indeed a GOOD CITIZEN,and i applaud you profusely. I have always looked at this DLP regime as one that is trying to go against the constitution..Remember Skerrits “No law,not even the constitution can stop me……..”what is even more frightening is that there are glaring signs
that the police as an institution continues to be dictated to by politicians and maybe crooked lawyers..Thats why i denouned the harrassment,persecution and intimidation of opposition politicians…The main reason is to change the narrtive,because the same DLP regime has Dominicas name in every garbag
e bin in numerous countries world wide,with the MONFAREDS,MONFAREDS,NG LAPSENG of this world..
Charles Savarin is null and void for he has no understanding of the law. How can he say it is for the Court to decide whether the conditions for the public meeting were met and therefore whether the UWP is responsible for what happened in the evening of 7 February 2017 when there is no legal basis for the Court to intervene or adjudicate on the holding of the meeting? As Mr. Joseph asks “Is there something he knows that we don’t?”
Severin: Commander and Mastermind of the Kul Wosh Brigade!!!
In all that has happened in Dominica for the first time the Moo Moo found his voice.
“Joseph, who is now working as a senior public prosecutor in the office of the Director of Public Prosecutions in the Turks & Caicos Island,”
I do not want to make this my occupation of the day; but I thought it would be interesting simply to touch this I believe important. In Dominica we have people, have people who only attended elementary school never set foot in a secondary; joined the police force, and became police inspector, and the next thing we find is that they become prosecutors in our court system.
Dominica is the only place that nonsense is found; so too we have people who have never sat in a law school one day in their life; yet they are appointed magistrate in Dominica. Before one can become a judge, or magistrate, that person must first be a qualified lawyer, you must know the law before you sit in judgment over people. Our judicial system is bogus, and warped!
I Agree
Well said Mr. Joseph
Clement give me a break, and stop living in the past…. Given the permission was not for holding the meeting but rather for the BLOCKING OF THE STREET!!!!!!! That’s where the law comes in, you need permission from the Commissioner to BLOCK ANY PUBLIC STREET and that’s the issue….
You purport to be a BIG time lawyer so you ought to know if you don’t know that there is no way the PRESIDENT CAN ORDER THE POLICE TO ARREST ANYONE so enough of your BS!!!!! You guys are deliberately and wickedly misleading the public with the hope of gaining political points!!!!! SMDFH!!!
Joe PLEASE WITH YOU NONSENSE
Ask yourself why is it the lawyers in Dominica refuses to speak out why they are not standing with the people are they all getting food vouchers from PM why are their mouth shot are they all over powered by Skerrit . Are their any good lawyers in Dominica any more a part from the few that are standing with the people,
The answer to your question is elementary, very easy!
The reason they are a not speaking out, is because they are all afraid of Skerrit, and they all sings for their supper kissing Skerrit’s black behind preying for something free from him they are all like puppets on a string, when Skerrit tells them to jump, they ask him how high!
When he tells them to bow and kiss up; they him how low shall I bow!
They all fear Skerrit that dictator, and his vicious ways of corruption, and victimization
I do hope all the High Ups and Superintendents of the Dominica Police Force has read this article, hope they can all READ. From my recollection They are the first to quote the Public Order Act with their nonsense and victimization
They are not readers…Most will not read it!!
To my mind you seem to be an honest lawyer, and one who is quite capable of interpreting the law. In law; proper interpretation of the law is absolutely essential. What we have in Dominica, are so called lawyers going in to the court and make a mockery of the law supported by incompetent judges, and magistrates!
They do not plea, or argue cases based on the written law, and former precedence. Some of their cases are already tried and won even before the matter is heard in court over a telephone call, and that is sad; when we have a court system where verdicts are rendered based on the popularity, or ignorant flamboyancy; and affiliation to a political party; that tell us there is something cynical, and wrong with our judicial system.
To be frank our judicial system in Dominica is absolutely corrupt! You can be assured some puppet lawyer in Dominica is going to refute the truth as you have stated, and I can tell you if you ever return to work in Dominica even in private…
Continue:
I can assure you Joseph, because you spoke the truth, because of your openness not supporting the garbage Savarin wrote, when indeed he is the same culprit who single-handedly, in 1979 destroyed our nation economy, on his quest for power, which lead to the overthrow of a legitimately elected government.
If you ever return to Dominica to work in private practice, they will do everything in their power to destroy you the same as they did to Sam Christian M.D.
I am not suggesting that Patrick John was any saint, but in a democracy, we get rid of governments who are not serving the peoples purpose via the ballet box, and an simply “X” or as in America we punch a hole next to the name of the person we wish to represent us. What Charles Savarin did in 1979 was unprecedented, and absolutely not necessary.
We had never had anything remotely close to that since to Haitian revolution somewhere way back in the 1800’s
Thanks Sir- this shell of a man needs a lesson- sad
When Skerrit was made Prime Minister of Dominica in 2004, especially after the sudden and very questionable, deaths of two prime Ministers, Hell knew their man was in and sale of Dominica had began.
When Charles Savarin was made President of the commonwealth of Dominica, ALL hell rejoiced because they knew it was a positive step towards the purchase of Dominica and Hell with all it’s demons had a welcome party for Charles Savarin.
When Daniel Carbon was made Police Commissioner, Hell knew that Dominica was completely handed over to them and no one to resist them.
Now we understand what Skerrit meant when he said “Go to hell, go to hell, go to hell.” With the above named treo, along with the house speaker and church leaders that are sold to them just as the prophets of Baal, sadly enough Satan got his wish. But we will prevail
7And war broke out in heaven: Michael and his angels fought with the dragon; and the dragon and his angels fought, 8but they did not prevail, Rev. 12:7-8.
“When Skerrit was made Prime Minister of Dominica in 2004, especially after the sudden and very questionable, deaths of two prime Ministers, Hell knew their man was in and sale of Dominica had began.”
Reddragon: Let us not go there with that, because there was nothing cynical, or questionable about the death of both Rosie Douglas, and Pirie Charles.
Take it from one who knows the truth! Charles was a seriously sick man, he suffered physiological problems for many years to which he finally succumb! I cannot detail his illness, but if you are medically incline look up the medical definition of physiological conditions perhaps you will understand.
Douglas case is less complicated! He had one of the worst form of hypertension; which he allowed to go untreated even if he had the medication in his hands that could have saved his life. Then again he was visited by a Cuban quack the night of his death if he was a doctor Douglas would be alive!
Carbon and Valarie put away your Christmas toys and get to real policing.Blackmore,and Livi Peters,as former police officers themselves,cannot advise you better.Reflect on Mr Joseph,s post and be on the right track.For heaven sake stop pressuring Ag Supt Cuffy into political embarrassment.He is one of the Region,s top cop with no political strings attached.You all tried the same bull s….with him in the Salisbury incident which he stood up against and for that he was sent to traffic where he i performed professionally and exceptionally l well.You guys must stop that political harassment of our citizens only to secure you all political appointment,as long as Skeritt remains in office.
Why are the UWP and DFP organisers being blamed for the fallout of February 7? What did they do wrong? Why are some of them being picked up by the Police? Listen Dominicans, when Triple K has a jam, and someone gets stabbed or even killed, why don’t the Police pick up the band members and their management and hold them responsible for the loss of life? Eh! Or when some buildings are broken into, and businesses are looted, and people die during carnival jump-up, will Benoit Bardouille, Colin Piper, Val Cuffy and Robbie Tonge be woken at 5.00am in the morning, have their homes ransacked and taken in for questioning? eh? Police, westay-twachill eh!
Read Hitler and the Reichtag history and you will understand. history can repeat itself you know.
hmm all dem fellars like alix boyd knight, they all making their own laws and rules…. in the near future they might tell us when to use the toilet.
It had to take a practising lawyer based in the Turks and Caicos to point out the legal errors in the president’s article. It is as if all lawyers in Dominica suddenly turn fatuous or are they infected with the red-eye which blur the errors and misrepresentations of their idolized leaders?
I concur. Our constitution is quite clear. It is written in simple and plain language so that even a peon like me can understand it and it is troubling and disturbing that our President is not familiar with the unalienable rights enjoyed by the citizens of Dominica.
The President is the custodian of the CONSTUTION , so all this time we are paying him just to stay in the pink house and tax payers are footing the bill he got to go.
I laughed again and again when I heard the PM say that a coup was the plan of the public meeting organiser’s. How ludicrous! How foolish a statement! You mean to say that is how the PM would execute a coup? He would put together a band of “why-la” fellas, with no guns, not even a cutlass, and have them take over the Financial Center, which at the time is being protected by Riot Police, SSU, Plain Clothes Police, and roof-top snipers? Lol. What kind of General is Skerrit nuh! That’s nothing short of a blood bath for those young “why-la”. And having taken the Financial Center, what do the organisers do? Lol. Bossman, the first thing any coup planners do, is to secure the armoury of the country, not a building housing some of the administrative offices of the State. And to make this coup more laughable, General Skerrit is leading the Police to pick up so-called coup-planners two whole weeks after the attempt. Lol. That’s enough time for the fellas to get to the moon…
Mr. Clement Joseph go educate yourself of the events that led to May 29, 1979. Read Dr. Para Riviere take on the matter. Read “In Search of Eden by Dr. Irvin Andre and Gabriel Christian. One man did not lead There were many leaders who represented the total population of Dominica including civil society, churches, farmers, lawyers, politicians,…….. etc.
Nowhere in our history does it say one man led: Wawu had 8000 strong; DAWU was just under 6000 strong; DTU represented the numerous farmers: CSA led by Saverin was just 300 strong.
You are saying that the leader of 300 is responsible the dowfall of PJ government. Wha happen? This is SPARTA?
You did not mention the draconian laws. Man go inform yourself. Is a shame that you all cannot do with 500 what all you alleged Saverin did with 300. You must be the King of Persia.
Andre has the ability to write a book based on his perception of the incident, but remember his perceptions are not gospel to all; since we all have a different perception of what transpired in Dominica in 1979.
I know that Andre is a learned mind, he is a judge sitting on a bench in the city of Brampton in Toronto Canada, but he is not the authority on the civil war in Dominica in 1979; some people might be able to refute, or repute his account from a different prospective, or perception.
The fact is you cannot deny that Charles Savarin is the sole, and only person responsible for the civil war in Dominica in 1979, I do not care what book you read, and who wrote it. It would be criminal to blame anyone besides Charles Savarin.
He is the culprit
He is the one who caused all the chaos; and all the mayhem in Dominica in 1979; you need to stop being hypocritical about it! You have only made yourself an idiot when suggest Joseph should go and educate himself,when you base…
Finally:
He; Savarin is the one who caused all the chaos; and all the mayhem in Dominica in 1979; you need to stop being hypocritical about it!
You have only made yourself an idiot when suggest Joseph should go and educate himself, when you base your silly argument on a book Andre wrote.
How do you know Andre book is accurate, when as far as I see you are a dunce! We do not even know who, writing some crap under a fictitious name, if you are so smart how come you cannot identify yourself with a name? I think you are the one who need to try and educate yourself!
Oh Dear
Mr Joseph is spot on with his analysis of the events and the legal aspects of it!
However, Chief Jaco you seem to fall in the prolific group of educated fools of Dominica. Tres sad.
Tell it to Charlo again my boy; tell him again.
My mom taught me ‘do so never like so”; now I fully understand. Ah Mr. President, ah ma gway sa
Excellent, sadly those vague legal minds on island in dominica at present lack the ability to shed light on anything aspect which concerns the enlightenment of the citizens..
why you think places like Barbados and Jamaica are so much more smarter and bringing in more yields it’s because their policy makers and institutions strive for higher ideals..
But in place like dominica no one resigns when at fault, the Prime Minister is protected at all levels when he is Internationally exposed…
Sums up Dominica as the Fools Paradise, the poorest and slowest economy in the eastern caribbean block….
it’s a waste of time trying to elevate any sort of sense in dominicans…
just feed them with loose lyrics musically, bush rum and some food and they’re good to go,,, it’s a cultural mindset that has dominica thinking lowly at all levels, with zero growth..
disgruntled laborite……..I know u well
absolute common sense at last
Thanks for speaking out. That’s all I will say.