Judges of the Eastern Caribbean Supreme Court (ECSC) have overruled a lower court decision which had slapped heavy fines on Lennox Linton, and others, for defamatory statements made regarding accountant and former Owners Representative of the Layou River Hotel, Kieron Pinard-Byrne.
“When I take into account awards in other recent defamation matters before these courts the award to the claimant is as follows. The first and second defendants will pay damages to the claimant in the sum of $50,000.00 each. The award against the third defendant is in the amount of $10,000.00. The first and second defendants will pay prescribed costs in the sum of $14,000.00, each while the third defendant will pay costs of $3,333.33,” Justice Brian Cottle wrote in passing judgement in the matter when it was before the High Court.
Cottle ruled that the words complained of were defamatory of the respondent (Pinard-Byrne) and that they did not “did not constitute fair comments on a matter of public interest.”
However Justices of the ECSC ,Janice Pereira, Davidson Baptiste and Mario Michel over turned that decision on Monday, ruling that “The speaking, writing and publishing of the words complained of were done in circumstances which attracted qualified privilege.”
As a result, they allowed the appeal, dismissing the respondent’s counter appeal and awarding the appellants prescribed cost at the ECSC and in the High Court in accordance with rules 65.5 and 65.13 of the Civil Procedure Rules, 2000.
“The first appellant did in fact undertake an extensive investigation of the issues which he spoke about during the radio broadcast and in the internet article. It was therefore not open to the learned trial judge to make the finding that the first appellant did not make any enquiries and that this factor weighed heavily against him being able to rely on the defence of qualified privilege,” the judges wrote in their 28 pages ruling handed down in St. Lucia.
The words they explained complained of were “not actuated by malice towards the respondent. The words complained of were not actuated by malice towards the respondent, but only by strong sentiments held by the appellants on the respondent’s involvement in the Layou River Hotel project.”
“On the evidence, it does appear that the appellant honestly believed in the truth of the conclusions that he reached and in the words that he spoke and wrote about the respondent. Accordingly, the speaking, writing and publishing of the words complained of were done in circumstances which attracted qualified privilege,” the judges stated.
Meantime Pinard-Byrne has labeled the decision “oxymoron” after the judges ruled that he was to pay cost in the High court and Appeals court to Linton.
“I have read the decision and will make a final decision as to my next move,” he said.
Lets go Workerssssssssssss time to dump Labour time for a change in they cabinet .. lenox Linton the man for Dominica tellem and dat Dominicans hear Wii
Congratulation mr linton we rejoice with u labourites uwp freedom and even pappyites cause u are a true born Dominica u are a voice for those of us who can’t speak or even afraid to speak who god bless no man curse
Honestly, I am not concerned as to who won or who lost or who will appeal the case. What I am concerned about is what has happened to approximately $138 million that have disappeared and eleven years have done by and not a job, no foreign exchange,absolutely nothing has been realised from that money.It is alledged, some of that money was used to finance a political campaign, some was used to finance some villas and some went into people’s pocket.We need the Government or someone to tell us where we money go.
Judges and their friends partying with Prime Ministers in the Caribbean. Boy leave me alone eh. This is not speculation this is hardcore truth. no name no warrant.
How can judges be fair and balance in their deliberations particularly in cases involving politicians.
The layou river project is the symbol of failure of the Labour Party.It is the project operators that lead Dominica into the economic mess we have found ourselves.
Congrats to the man with the leather balls!
We all are shouting hurrah for justice. The wheels of justice in this matter has been slow in turning. But it was delivered nevertheless. Interestingly, the same court that saved Lennox his fifty thousand dollars is the same court that delivered a decision last week that Lennox did not only dislike, but he found every degrading invective and adjective to describe the very same court and the judges. Today he is singing out loud. He fought a good fight in this instance. And he was victorious.He must also accept the times when his cases are weak and cannot stand the test of the court. AS I understand it there are other cases in line? We go see the outcome and hear the commentaries.
The(COURT) System is working now,Lennox win!
the court ruled the case in your favour lennox the justice system is good all your blue bats happy but it ruled in peter and the pm favour its not good whats good for the goose lennox and friends its good for the gander.all u people to dam bias i hope the spider bag will come out under your eyes.
Now he has won,I suppose the (ECSC)Eastern Caribbean Supreme Court,is not bias.The Justice system is ok now,right,Lennox?Tony and Skerrit didn’t tell them what to do this time.So let’s hope you will leave Skerrit out of that one.(YOU ONE,SKERRIT ONE).
Lennox the next party leader
i voted labour last time i will never vote labour
again you may ask why most i can say now is never
again my eye’s are open now they cannot fool me any more
.
Now is the time. Needs are great. But your possibilities are greater.
THANKS BE TO GOD!……HURRAY! hURRAY! HURRAY! DNO We need more information as soon as it becomes available…..
Truth Crushed to Earth Will Rise Again!
What! The ccaribbean courts have justice man?
@ Black Panther …In your own wet dream. KEEP ON DREAMING.My court is the Privy Council.
London bridge is falling down, falling down, falling down; London bridge is falling down, gra-du-a-lly.
Congrats to you Lenox! you are Dominica’s true hero.
What we should all be concerned about are the atrocities committed against us regarding the Layou River Hotel. While Lennox fans are rejoicing rightly so, the court has revealed by its decision that yes indeed there was great malfeasance in this entire Layou River Hotel venture.
While we ate struggling in this country over $50 million has gone on vacation somewhere and SKERRIT nor his puppies can giveus answers on where our money went. It is now 7 years and we are hear under the spell of ” it is not darn business” yeh our tax and passport dollars is not our business.
Lennox won his case but what dd we get . We are still left with liars like Tony and SKERRIT still playing donkey kong with the minds of the ignorant people and snakes and ladders with the intellectual mendicants.
So So So True…Only in Dominica… The result is the poverty that has engulfed the country. It is so rampant now that not even Red Clinic can save the poor.
Lazy, arrogant, insultive and incompetent leadership cannot do good to any country.
Excuse Me???? are you for real? What you bringing Skerritt in dat for? Boy my people really perish for a lack of knowledge or maybe its just ignorance……go and ask those questions to the UWP smdh
@ Jacky Chan..” and SKERRIT nor his puppies “.. who are Skerrits’ puppies you refer to? Last time I checked Dominicans were all HUMAN. By the way is not Skerrit back you should be ridding about this saga is the great one you all adore, the Dame! This was her monster even when the late Mr Armour warned her. Skerrit as leader has to help solve this saga, however don’t act as if this monster is his, it’s Eugenia,Karry-on and Grace mess.
According to Jacky Chan you Tri State is one of the mendicants. The $130 million did not disappear under Euginia. In fact Layou River Hotel was on operation up until SKERRIT became PM.
Instead of bumping your gumb in NY educate yourself and be independent minded. Be reasonable you idiot. Euginia was not in court in the BVI on this LayoubRiver Hotel mafia operation. You want to blame Eugenia for the dismal state of the economy, unemployment and poverty? Sakwais Sort.
The case against Lennox would have have been dismissed at the High Court if the judge had not allowed his prejudices (personal peeves)to influence his decision.
Congrats, Lennox, and keep striving for truth and justice. I will continue to support your efforts.
I feel like the Eastern Caribbean Supreme Court is playing games with Dominicans. Both cases should have gone to Dominica’s favor because a win for Lennox is a win for Dominica and a win for UWP re the citizenship matter would have definitely been another win for Dominica but a much bigger win. So I guess they held on to the ACE and they threw the King at us.
But Eastern Caribbean Supreme Court must take note that Domnicans are watching and we are keeping very good note because history will judge the ECSC very harshly for that great injustice to Dominica re this citizenship case.
Please, don’t go overboard. It is a win for Lennox, and I’m happy for him but this has nothing to do with politics. We are not doing Lennox any justice if we mix up the two.
I suppose the courts will now be considered as being good by the blue mealybugs eh, since Lennox won??? … that is, until they losse another case I guess. Really, silly ignorant folks!!!!
i have learnt that it takes a fool to know a fool and right back at u it takes an ignorant person to know one.
idiot
Everybody is going on about El Supremo. I have two questions for him:
1) Sir did you have in your possession a french passport on nomination day?
2) Sir did you write to the French Authorities requesting a renunciation of your french citizenship?
If those two questions are answered in the affirmative i do not care what the court says. Skerrit you are wrong if you answer in the affirmative.
I think you are confusing this.. The Constitution never said it is wrong to have citizenship of another country (in this case French)…it said it is wrong when someone PLEDGE ALLEGIANCE to another country.
One can inherit citizenship by virtue of their parents, hence the renunciation of it doesn’t mean that the person had pledge allegiance to the country he has his citizenship from.
In terms of the passport, I doh know, so I eh commenting on that. Its up to Skerrit and his conscience to say whether or not he had a French one on nomination day.
You are correct but apparently he has no conscience because he refused to answer the question
Flip your question around and ask Ron Green….he has been using his US Passport….ask Carbon of Wesley
Nuff Said
The Dabdoub vs Vaz case only came about somewhere in 2008. Thus a legal precedent was set at that time. Prior to this the simple provision of “citizinship via parental action” was accepted. If you read skeritts letter of renunciation to the french embassy he makes specific reference to the dabdoub/vaz case and not to any issue about ron green. Further more it was the responsibility of the government to prosecute anyone having this ‘vice’ so why did they not take up Ron? It sure was not because they loved him
I have a few questions of my own:
1.Was Skerritt born and raised in Dominica?
2.Did Skerritt go to school in Dominica?
3.Have Skerritt been living in Dominica for the last 20 yrs or so?
4.Is Serritt of Dominican parentage?
5.Has Skerritt lived anywhere else but Dominica for an extended period of time?
Just asking. Draw your own conclusions.
All this is irrelevant in the decision that was before the court. Itr is not a people’s court but a properly constituted body. It has made its decision whther some of us like it or not. Leave it at that.
Why Sir for a …………………….fill the blank your choice and you can enter what ever you desire. hahahahaahahah .
All kinds of reponses will be posted if it is not being”awaiting…………..you already know.let’s see if tey have balance in what they allow and the COJones.
I guess neither more so lacking in the last one.
When Lennox Linton mentioned the magic word, this corrupted ECSC decided to back down. The magic word is the PRIVY COUNCIL. Linton vowed to go all the way to the privy council with that case. These corrupt ECSC judges knew that they would not only be heavily embarassed at the privy council but by extension the whole world will discover their evil game they have been playing of late.
Sadly due to the limitations of the Dominica constitution, election petitions aren’t allowed to go to the privvy council, thus is such cases the ECSC has a free hand to appear as currupt and unfair as they continue to be.
Let’s see what spin Tony and all his goons on the ANIMAL Show are going to put on the outcome of this case.
amen to that
Tell them “holy Christians” that
I am pleased that Lennox won his appeal because based on my understanding of the facts, it was difficult to see how he had libelled Pinard Bryne. But if we are going to criticize the Appeals Court or any other court, let this criticism be based on an objective analysis of the Court’s judgment(s). We should not have preconceived notions that the Court is biased, and then resort to these unsubstantiated contortions to justify our criticisms when faced with a judgment we may agree with. (BTW, I do not share your absolute faith in the Privy Council.)
For you people a win is a lost and a lost is a win? What is really wrong with you people? There always seem to be some sort of excuse for everything only to suit all you purpose. Stupesssssssssss
why is it that all other matters can go to the privy council yet a constitutional matter cannot go there and its in london that our constitution was given to us, we need to revisit this one
Since Lennox Linton ‘vowed to go all the way to the Privy Council’, I don’t expect he or his supporters will cry foul if Kerion Pinard Byrne gives him his wish and appeals to the Privy Council.
In fact he should welcome it! Will he?
Way to go, can’t wait to read the details.
everybody on here can jump high jump low LENNOX LINTON spoke the truth!!!!! and the truth set him FREE, “HE DOH HIDE NO PASSPORT OR GIVE FALSE STATEMENT” HE SPOKE THE TRUTH.
Mister spending his life in court man???
Yeah. Involved in battle for IDIOTS like you who are so lazy and stupid, that thy cant even see it. But the good thing is his integrity, and patriotism is carrying him through. I LOVE HIM..
Someone has to stand up for Dominican and maybe he is the only one with balls and guts. So yes.
Its only men of integrity, honesty and the search for truth will spend their life in court, where do you want him to spend it in prison or in public office supporting corruption?? He will set this country free.
Since when Lennox does win court case? Trust me d man going and appeal that decision all d way to d Privy Council just for d fun of it. DNO mark my word.
stop your stupidty. This is serious business
Stop your seriousness and be a little stupid so you can get rid of that obvious stress. You folks on here need to take a chill pill.
@ AA you sound so ridiculous!!!! Utterrubbish (just one word)haha
I am for you lenox, That does not mean I support our court system because it starts from the ground up.
who is laughing now? where is tony on that one
congrates lennox mano own will soon come out
congrates keep it up.theres more truth to come out.look up labourites wokers coming .mano own have to come out
Show some respect now my brother. You win some and you lose some.
Lennox well need d money, he brokes. Lol
I guess you would know.
lennox Linton, proxy for the opposition party. Congrats to you Sir!!
Congratulations to you and indeed to Dominica by extention on a massive victory. This is what I call a real victory because you did not do anything wrong but simply fought for all of us in Dominica. This ruling is definitely different from the one that was celebrated at lagon last week, which although they were made the winner, deep within their consciences are in pain. You won and deserved your victory. Although you deserve to hold a massive victory rally at lagon tonight or Friday night, don’t be like them; just continue to fight for us the people.
you go get bubbles this time lenox. you are a man of truth. you are truly a leader, its time that those in your circle recognize your true value, its time you rise to your rightful place. I SALUTE YOU a fighter for the less fortunate,you are a born leader. CONGRATS
NOW THAT IS BREAKING NEWS!!!!!!!!!!!
Thats the same court that lacked credibility 2 weeks ago right??? I await the comments from the great accountant/lawyer/investigative journalist
Who tell you that it has credibility now?Man/Woman go and hide, with your court and credibility.
@ choice-x answered you appropriately:
When Lennox Linton mentioned the magic word, this corrupted ECSC decided to back down. The magic word is the PRIVY COUNCIL. Linton vowed to go all the way to the privy council with that case. These corrupt ECSC judges knew that they would not only be heavily embarassed at the privy council but by extension the whole world will discover their evil game they have been playing of late.
Sadly due to the limitations of the Dominica constitution, election petitions aren’t allowed to go to the privvy council, thus is such cases the ECSC has a free hand to appear as currupt and unfair as they continue to be.
Let’s see what spin Tony and all his goons on the ANIMAL Show are going to put on the outcome of this case.
And what’s in it for Mr. Linton? Is he going to get a spot on CNN? If he can’t show anything for it, he remains that MOUTH PIECE.
No added value; be it monetary or ethical, means NOTHING!
CONGRTULATION TO TOU.
keep thrusting forward Mr Linton,please keep up the fight because it seems like the people can’t recognise ineptitude and misfeasance on their own even if they slap them right in the face.
Okay new ambassador AA (to the courts?)
CONGRTULATIONS TO YOU.
Keep thrusting forward Mr Linton, keep fighting because it seems the people can’t recognise ineptitude and make informed decisions on their own.
Are the walls of Jericho begin to tumble, seven one ,Tony.
YESSSSS!!!!!!!!!!!!!!!!!!!!!!!!!
This is from your girl in the BVI!!!
Congrats
Continue the good work!!!!
Good to go! Mr. Linton made it clear that the information he spoke of came from the financial statements prepared by Mr. Byrne.
As for the opposition and the pm case we too dam wicked in dominica. I was born here and am a citizen based on this. Papa Bon Diay if I give up my United States citizenship what else could I possibly be renouncing other a passport? My Green Card?
Support the PM but stop being wickedly blind. One of these days those of us doing that will need the same court system to give us justice
Amen ! the justice system is nw working
It wasn’t working all de time??? SMH!!
How can a man write a letter to france renouncing his citizenship for the entire world to see and win in the highest court in the caribbean?
Ron Green renounced his US Citizenship and he lost all for all…He can no longer receive his US Social Security because he is no longer a citizen….lol
And he can no longer receive his governenment Job because he will never win another election
Morihei you see how stupid and wicked you all uwp are…make the man a guinea pig of all you kangaroo court nonsense…you all bad
Exactly!!! Maybe is his right to banton he was renouncing.
Take that!!! How can it be libel when it’s the truth on public records? Layou River hotel is a sore eye,and you still want to sue Lennox. Take dat
Congrats my boy.
Lenox is doing for Dominica and its constituents what we fail to do for ourselves, he deserves to be honored for doing exceptional informative journalistic work, Kamala JnoBaptiste Aaron you may want to take a cue from Lenox Linton good works, We have a lot more to learn as Long as Lenox Linton is alive and he will privale as long as God is good all the time
People doh get too excited about “the court not bias” thing. To make the system appear fair, the opposition must appear to be winning one or two. And since KPB fall out of favor of the carbal he was an easy target. Remember KPB brought the head to the team to BVI courts. He has lost favor with them since.
Very accurate statement from you Hard Sheep; very weel said.
If it was Lenox against “El Suprimo”, see who would win. Kerion Pinard Byrne is not “EL Suprimo”.
You mean to tell me “El Supremo” not controlling the court of appeals too?
For some people the courts are working UNTIL the next time they lose, then “El Supremo” will be back in control again.
Hahahahahahaha
lol…was about to put a comment to that effect but u said it like a boss!
Last week the same east caribbean supreme Court was a bunch of coonies controlled by Astapahns and Skerrit. Today the Supreme court is the “hero in the crowd”. Tony knows that in this business of litigation,you expect to win and you should expect to lose. lennox should bask in his day, but he should also remember that it is the same court that he has to continue to deal with. The same individuals. By the way it is a caribbean court that gave the decision. Not the Privy Council.
HUH? The court of Appeal is good nah? I think Lennox bought the court of appeal, haahaahaa!
Interesting outcome for this judgement.
Mr Linton is the supreme court biased towards u. Let us see you for what you say you are speaking truth to power. Be humble, cause dat’s wat makes us proud men and women. Call a spade a spade. When it’s good say it’s good. Give commendation when its earned.
Again all the best and be the best you can be at all times and in all circumstances. The youth are watching and listening.
Appelant: “Mr Linton is the supreme court biased towards u?”
Fair question.
Gason stop peeping. The court did not have a choice because the previous judgment was a plain travesty, legally incompetent and deliberately unjust. The privy council would just laugh at our courts had this been allowed to go to them.
@ Appelant, I would like to ask you whether is on one side the youth are watching and listening? Guess they are blind and death where other people are concerned. (very funny)
Curious?
Do the justice/court systems work?
I’m happy to see how many people will say they do because of this decision!
@ Hmmm
A justice system that only works sometimes, cannot be considered as a healthy system. It is a truly disfunctional system. Some cases are just too overwhelming for them to thief sometimes.
I am happy that Lennox won. The opposition should accept the other rulings of the court to. Court is based on evidence not on sensations and what is true.
Nonsense …
Maybe the ones sitting on the COA cannot be bought .. or it was too clear cut they could not cut corners with it.
The PM’s luck can only run for so long and the Judges can only carry on for so long .. otherwise .. time will tell,.
Congratulations to Lennox..Trust in the Lord and do good…he will bring forth thy righteousness as the light and thy judgement as the noonday.
Congrats cuz God is good
The justice system may not be so “corrupt”, “blind”, and whatever else, after all!
inconsistency thats what makes a system corrupt , they got it right this time but there is no guarantee they will get it right next time. Just look at the trends. So i am still not impressed because one good judgement doesnt erase the other bad judgements. Thats why some people are so gullible, starve them for four years then give them back some bread and you are the best thing that ever happened to them . Our politicians do that to us every time , mark my words election coming milk and honey will start to flow again.
Yeah, I know….is just that “El Supremo” never got the time to ‘buy’ the court this time around. Next time around, I am sure he will, hence the inconsistency.
Gotta love “El Supremo.”
Hahahahahahahaha.
Great u put this so well. That is part of the mwmwa poule syndrome dominicans are ill-famous for.
This is not the time to praise these unrepentant judges of the ECSC. They are playing the notorious game of good cop bad cop.
Is that all you care comment on? What about fact that Linton was correct about the massive corruption and the disappearance of OUR MONEY. The pilfering of public funds by conniving businessmen and dirt politicians is what you PEEPING TOM. Should be concerned about. but are you no no yu are part of the gang of hooligans raping and plundering the scarce resources of a banana republic. Aren’t you embarrassed. You corrt SOB.
Over 80 million dollars was stolen in the 1st phase of the layou project. Money that belong to the people and state of Dominica, yet people like you, are busy on line trying to make a mockery of the whole affair.
Is attitudes like yours that have Africa so poor today. Whilst white foreigners are exploiting africa, petty minded idiots are fighting down the few nationalist that try to stand up to the exploitation and corruption.
More power to YOU!(BRO).GOD Bless you.
Is the justice system working now or is it still not working? I guess the answer would be it is working….hmmm, I wonder why!
The comments are priceless. Was this an appeal case or a new case. So the Courts works depending on who wins or who loses.
Wow….the appeals court is working and its no longer tainted and all the vile sufff.
this court is still corupt, it is just picking its battles.
Which court is working there? Stupid you darn stupid. It is more polluted than you, so imagine.
At last justice serve. Congrats to you Lennox and keep up the good work
It would have been a travesty had they ruled otherwise, this should have been won in the first place if that judge wasn’t so hell bent on punishing journalist. Now let’s hear tony and the rest say the court is only good when it is in lennox’s favour.
No problem with that,its in our favor if it was not it would be the PM, hear the joy on Q 95. say no more.
NICE!!
Congrats Lennex. I hope you will respect the courts decisions now regardless to the out come. Good luck against Bubbles.
at least he doh lie on bubbles,wey de hell you can sell crabs to come millionaire
Now you lying on bubbles because he never say he sell crab to come millionaire he say one of the things he did when he was growing up i sselling crabs. But hey, your name is Marigot I expect the twisting of what people say is not new to you at all.
lol but who tell u d man say he sell crabs for millions. The man starts hustling at an early age selling crabs. That’s just to show u once u work hard u will succeed. Stop being jealous at other people achievements
only in el supremo’s et AL heads and defense lol!
Shame seems to be old school these days.This goup of characters need to be put in a play butDA’s two theatrical leaders have been painted RED one formerly green and has current green leadership conections(if you know general knowledge or buef lol.The other is ahfouahwee but in the closet lke the gays( who are not afraid to come out today.These days don’t ask don’t tell seems to rule.
it have a once mahco lawyer whose first born turn out o be a don’t ask don’t tell.to him that ain’t funny he is hurtingdespite all the money obtain from various origins now withthe Soviets.
Once the judges and the couts works within the framework of the LAW and the CONSTITUTION we would always respect the system. It was about time someone stood up for the prpcess of the Constitution/law.
We thank Lennox Linton for putting Dominica above all and we welcome the decision.
I see what you are saying… When QC Lennox says the Judges and lawyers got it wrong we take it as gospel truth. I wouldn’t mind if he was a lawyer but please, you just can’t know it all, especially when you have no training in that field.
I’m doing the happy dance sitting, lol. Congrats Lennox!
You have to do the dance….your money contributed to these legal court room drama…more roro on 4 Q95
lol i like that one
@ IPO ever thought of whose money is paying the lawyers for El Supremo? yours and mine so what’s your point when you know damn well that El Supremo is not puuting our monies to good use.
Do the harlem shake instead this is the internet overload can you do it on DA?
Congrats Lennox