A case of conspiracy brought against former attorney general, Bernard Wiltshire and four others, was dismissed on Monday for want of prosecution.
The matter has been before the court for three years and when it was called on Monday, magistrate, Arley Gill, dismissed it on the grounds that the prosecution was not ready for the first stage of the process, the committal stage, without a valid reason.
The magistrate said it would be unfair to continue with the case and noted that the office of the Director of Public Prosecution had failed to follow the order of the court on more than one occasion to come to court prepared to proceed.
Other persons involved were Harolda Henry, and public servants, Lyndon Marie, Nash Mitchel, and Kimana James.
The charges included forgery, possession and uttering of forged passports of the Commonwealth of Dominica and birth certificates.
James was facing five charges in relations to that matter, while Mitchell and Marie allegedly forged documents of persons with Islamic identities.
In court on Monday an attorney, who represented the office of the Director of Public Prosecution (DPP), asked for the matter to be adjourned on the grounds that the lawyer who used to deal with the matter, Athlyn Nesty, is no longer attached to the DPP’s office.
Information also revealed that the new attorney is currently on sick leave.
It was also revealed the matter is still incomplete.
Attorney Zena Dyer, who was holding on for Wiltshire’s attorney, David Bruney, said the excuses for an adjournment did not add up.
“The excuses are not to be accepted,” she said.
She stated further that on March 25, 2014, magistrate Arley Gill said Monday’s appearance would be the final adjournment.
Also in May 2014, when that matter appeared before Magistrate Bernard Pacquette, the Office of the DPP indicated that the “bundle of paper committal” would be ready by today (Monday).
“In this circumstances the matter should be struck out…when they are ready they will prepare the bundle and come back to court,” Dyer argued.
Magistrate Gill told the court that the reason given by the DPP’s office is not sufficient.
“First counsel had some emergency, later finding out counsel who carried out the matter is ill,” he stated. “This matter is a 2011 matter, going on three years. It is unfair and unjust to have defendants coming in and out of court and prosecution isn’t ready…all matters have been struck out.”
Wiltshire has always denied the charge, saying it was an act of discrimination by political and other foes. He said there was no evidence on which such charge could ever have been made out in a court of law.
He told DNO that he is consulting his attorneys to consider how he can “clear his name completely and get some redress for the unjustified injury that has been done to his reputation, career and health.”
the others charged were red that is why he got away.
The dismissal of the case against Wiltshire is just a “red herring” it was to camoflague the dismissal of the case, of the persons who are well connected who were also charged with passport offences.
another money for Dominicans to pay and we already brokes. These people need to use their heads and have evidence before their accusations and hasty decisions.
I think that something is wrong with the office of the D P P . Too many cases are thrown out because the office is not prepared. This is ridiculous and unacceptable .
they should not be set free they should be prosecuted and sentenced….. by right other countries passport don’t come so easy why should we take our good senses and allow it in our country…I am totally racist towards foreigners having more rights than we Dominicans in our own country….we have tongues in our mouth use it stand up for what we disapprove of…..
This is terrible for the state, terrible for the victims, terrible. Are the wills of D/ca falling off?
Are the wheels falling off?*
I am happy for Bernard. I always knew that this was politically motivated! Now Wiltshire should sue for damage to his good name.
Sue who?? It’s still the Dominican people who will pay. So there! Maybe you can write him a cheque if you feel so strongly about him being compensated. Sacway sot!
I am happy for Bernard. I always knew that this was politically motivated! Now Wiltshire shour sue for damage to his good name.
time justice was serve sue the police and the DLP politic was the whole thing behind that arrest
Congradulations Mr. Wiltshire.
Justice will be served completely with a lawsuit.
Imagine a former AG acussed of such.
This is so petty.
However God is ggod and in God we trust.
Once again one must ask, why did it take the Court three years to decide there is no case to answer? Are we really that inefficient, or simply callous? But more than that what about the blight this causes to people’s lives? Who takes responsibility for this, where is the recompense? Will our membership of the CCJ really bring improvements in the dispensation of justice?
Why am I not surprised! Did you people really expect the other individuals involved to take jail? Wiltshire was used as a distraction to hide the real criminals
Willy don’t joke with them , because they did not joke with you.
Sue their front and behind.
I am not really taking sides but in all fairness, people must have real proof when they are saying and doing things to others. When your reputation is damaged it can be very hurtful and leaves scars,. Your family is affected, likewise your close friends are affected
So true peeping.
It wasn’t just Mr. Wiltshire who was released of charges. They all were. So stop acting like he was the only one hurt by this thing. Very disappointed dno.
congratulations Aty Wiltshireet al. Now go at them
Instead of going further, thy should all thank God for allowing them to get off.
Adjournment does not add up” Well it adds up to me cause I know for sure those birth certificate bandits was part of a bigger network. A network of people calling the game of corruption. Who don’t know don’t know but check the relation ddison hip of one of the accused birth certificate scammers to a known passport seller. Let the chips fall on the guilty.
in the mean time send the cheese guy to jail
Abuse of power can only go so far and so long by corrupt politicians who have an agenda to prosecute those they perceive to be against them. But sooner or later, whatever they, sow that’s what you’ll reap.
Fully support a counter sue brother Burns….fully support a hefty sue against these radical “Clowns” who are bringing shame and disgrace on Dominica by their lawless approach and scare-tactics. They knew that they had no case, yet they chose to lock you up without due process. It was pure intimidation. Teach them a lesson my friend take it to the highest courts and make them pay, I am mindful of our last conversation on my brief visit in 2012, Perseverance, the struggle continues.
Fully support a counter sue brother Burns….fully support a hefty sue against these radical “Clowns” who are bringing shame and disgrace on Dominica by their lawless approach and scare-tactics. They knew that they had no case, yet they chose to lock you up without due process. It was pure intimidation. Teach them a lesson my friend take it to the highest courts and make them pay, I am mindful of our last conversation on my brief visit in 2012, Perseverance, the struggle continues.
Mr Wilshire, go stick out like the proverbial sore thumb and hit them very hard Mr Wilshire where it hurts.
Go for broke my boy and make an example of D/can injustices, in order to clean up the mess our judiciary system has become.
“At least on two occasions before no valid reasons were given as to why the prosecution was not prepared.”
They had no valid reason for arresting you in the first place; so how could they one prepare for a case that does not exist, and never existed? We see something similar in the case of Lennox Linton, if they could they would have arrested him, so their alternative is to file a suit against him for a million dollars hoping that thy will find some corrupt judge to rule in their favor, fact is all of them in government right now are preying on the poor and helpless young women who appeal to them for some sort of governmental assistance.
They have no case against Lennox Linton.
As for the case against Lugay, unless they have a seditious act law in Dominica, and charge him with sedition they do not have a case against him, all of what the actions the government is simply a matter of victimization, and harassment of innocent people, It is all political.
The government of Dominica is in a mini dictatorship, thus, they are trying to dispose of any opposition, by whatever means necessary. I listened to a tape recording last night of Lawrence in a meeting literally threatening people like Edison James, Baron, the people who works at Q 95 and all the members of the UWP. The man even said if he and his labor party supporters have to go to Marigot to destroy Edison James and others, they the labor party are prepared to go on that quest to destroy them all!
That is sedition, he has made some terrorist threats against the people. He implied killing these people, and he used Grenada in reference to his intent to kill. We remember what the communist party in Grenada led by Bernard Core did. They murdered Morris Bishop, and siege power, the labor party intends to do the same to the members of the UWP, and anybody they presume to be in their way.
I do not understand how Lawrence was allowed to stand on a political podium, and threatened to murder people, and the police heard him, and did not attempt to arrest him, nevertheless, they jumped on Lugay! Somebody in the Dominica government is dictating to the police who they should harass by arresting them as soon as they speak.
I strongly suggest when the government change unless the statue of limitation for prosecution runs out no the terrorist threat Lawrence made in that meeting, he will be arrested charged convicted, and sent to jail to serve the maximum penalty for threatening the life’s of the people he called by name in that meeting!
Francisco Etienne-Dods Telemaque
go with full force. get redress.
clear your name. get an apology
I wonder whether Tony Astaphan should have been treated for his despicable behavior regarding the matter shown as noted in the DNO article https://dominicanewsonline.com/news/homepage/news/politics/linton-astaphan-clash-over-alleged-ipo-leak/
But who am I to request that DNO follow up on the issue and to stop being so afraid to tackle the issues. A fearless outfit would be all over the information that was revealed by Lennox Linton regarding the outcome of his Battle with Tony, Skerrit and the TCPF ( Tony Controlled Police Force)
@Lang Mama. The question i keep on asking myself is “What is the role of the pokice in the matter”?Are they afraid of this man?
I don’t believethat Lennox will simply agree for this to be swept under the carpet anyway!.
Before Lennox can do anything about the injustice, and violation of the peoples right in our country, he has to win the election. Before he can do anything about all of the corruption which has taken place over the past fourteen years or more in government, the UWP must win the election, and form the government.
For that to happen you can help by voting for the UWP candidate in your constituency, and encourage the people in the other constituency’s in the country to vote UWP also. Unless the people kick the Labor Party out of power the status quo will remain the same, and Dominica will become a country ruled by a bunch of dictators.
Do not take it for granted, and do not underestimate the cunningness of the Labor Party. Do not allow their smiles, and hand shake, and waives to confused your thoughts with the reality of life in Dominica. Be very careful with the handouts and petty gifts they offer you. Most Dominicans like to accept rubbish such as a sheet of galvanized, and a sheet of plywood, in order to influence their vote.
Do not allow the red free T-Shirt to influence your mind, that piece of red trash cannot build you a house, it cannot quench your hunger, and it will not find you a job!
What the labor party does is that they give you a sheet of plywood, this election, by the time the next election comes around they hand you a sheet of galvanized. Five years elapsed, till the next election, when they hand you some nails. They keep the gullible and unfortunate on a string, manipulating them like a poppet while they hope that the government will eventually help them to prepare that old house, meanwhile the bastards politicians are living in expensive homes which their salaries cannot afford.
The crooks in the Labor Party do not care about the poor people in the country, all they want is the vote to put them on a pedestals from which they look down at the rest of Dominica as illiterate peasants!
They fear Lennox Linton, and the UWP: if the people of Dominica wish to level the playing field in Dominica, where justice and prosperity can return to the people; the UWP is the answer. It is one thing to say Lennox will change this and that, however, the ultimate is to vote for him and the rest of the UWP members.
Francisco Etienne-Dods Telemaque
But who are really involved in secretly handing our diplomatic passports to foreigners with questionable dealings, – fraud and other criminal acts?
Who are agents for selling our passports? Who really making plenty $$$$$$$$$$$$$$$$$. Who has office all in Dubai to sell passports? The facts and evidence are all there. They have been revealed to the Dominican public. Facts are turned and twisted, but cannot be refuted.
The country is in Police State mode. Dictatorship in its embryonic stages. Remember what happened to our sisters and brothers in Haiti under Papa doc and Baby Doc?
All those patriotic citizens who dare express their genuine opinions about issues affecting their lives, are being targeted one by one. Dominicans are no fools.
Investigations into the firebombing of two innocent elders are stalled? No arrests? The case of the 42 charges of fraud filed against that Lawyer blocked? No arrests? No case? Judicial Review for life?
Unless the people realize that their freedoms are slowly being taken away from them, one-by-one, two-by-two, en masse, we will continue to see arbitrary arrests and search of homes of patriots, victimization, disregard for our Constitution.
When an “independent” police Force allows itself to be influenced, ordered about and controlled by political operatives or any Gov’t,, the people lose confidence and will be reluctant to assist the police in solving crimes, violence and corruption.
We are witnessing dangerous trends by a cabal that will do anything to suppress alternative opinions and to remain in power by all means possible. How Long? Not Long !!!!!!!!!!
Right on, we seriously need to ask these questions and DEMAND answer. Insist on it!
DNO, don’t drift too far , whats the latest with the GON Emmanuel case please?
the tax payers money that will pay it not the police who arrested him so we will still suffer
The court is fair.
i always thought there was something wrong from the start. i smelled a rat.
God is NOT a Dominican Police Officer. That is what happens when police officers allow politicians and Syrians tell then who, when, why and how to do their work. Take them to the cleaners Mr. Wiltshire. They new darn well that you were innocent all along but wanted to disgrace you.
My only problem is that they will do the same thing on the Sico Seko case just so the magistrate can throw it out but we watching closely. But rest assured that Change is on the way..how long, NOT long.
Assertive, NOT Agressive!
Take Dat Skerro.
Can someone tell me who is the head of the DPP. is a Workerzz supported.
Make them pay for their injustice……….pound them like tor-tor.
Wiltshire has already sued for wrongful imprisonment and the judge found that there was sufficient ground for his incarceration . he has already lost that case. The case if just over three years. Have proper reporting please.
HE NEEDS TO SUE THEM NOW!
Come On Wiltshire.
Well look is now man going and have power of speech for that election season
Justice must be stiff bro let them feel wat it is for the truth
Continue the good reporting DNO! Admin: any news about the cases of the other people charged?
Sue their behinds for abuse of process.
Mr. Wilshire, please dont forget the inhuman manner you were treated by the police. Dont forget how and were you slept when you were jailed. I say sue them for every penny you can get, no mercy.
Take them to the cleaners mate!
Dominica doh have police force.
Well if they have to pay let them pay you cant bring cases against people have it drag on for years with no proof that is wrong by all standard, funny thing is this will still happen again this system needs a complete revamp this old British ways needs to be changed that’s why am for the CCJ move, we so need our laws that looks like us the Caribbean people. That’s why I never bashed this man when the news broke cause I have no idea what proof they had against the man that should be a lesson to all on here no matter what party you support cause backing a party is not the same as the man personal life at the end of the day people have their reputation to keep.
GOD IS IN CONTROL WILTSHIRE!!!!!!
Once you are not singing their tune, you will be dragged before the court like Wiltshire, Lennox Linton,Danny and others !
—–What about those who attempted to FIRE BOMB AND KILL
GON EMMANUEL AND HIS WIFE?.
—–What about those who wanted to go to LAPLAIN,E MARIGOT AND SALISBURY TO KILL UWPites like Obama is dealing with Al Qaeda?
—-What about those with 43 COUNTS OF CRIMINAL MISCONDUCT?
—-What about those who implicated LENNOX LINTON in the DISCLOSING OF SKERRIT’S CONFIDENTIAL IPO information?
—What about those who were involved in the BIN AND FERTILIZER BOBOL?
What about the money launderers?
Shame on this country, AND THIS CORRUPT LABOUR PARTY!!!!. THAT’S WHY CHANGE IS A MUST!
HOW LONG?
NOT LONG!
Alas poor dominica we now have to pay Bernard a whole lot of money.