The Dominica Bar Association (DBA) has condemned what it said is recent attacks on members of the judiciary being circulated on social media.
The association made mention of attacks on resident Judge Madam Birnie Stephenson and President of the Caribbean Court of Justice (CCJ), Sir Dennis Byron.
“The Association further categorically condemns statements made by a litigant before the court about the President of the CCJ Sir Dennis Byron. This litigant is not a member of the Dominica Bar Association,” the DBA said in a release.
The association did not specify the “attacks” in its release, however, attorney at law, Cabral Douglas, has been calling for the resignation of Sir Byron citing conflict of interest. Douglas has also alleged that there is what appears to be corrupt judicial practices by Byron.
Douglas and the CCJ have been at odds since the court recently blocked him from suing Dominica in the long-running Tommy Lee Sparta controversy.
In its release, the DBA quoted Lord Atkin who once said, “justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful…comments of ordinary men”.
“The Dominica Bar Association unequivocally supports freedom of expression and the right of individuals to voice their personal opinions and concerns about the Administration of Justice in our society,” the statement said. “However, if we are to strengthen respect for the Rule of Law in a democratic society, such statements should be constructive and fair and should be made to the appropriate authorities in a dignified manner and using the correct procedure. This is absolutely necessary if they are to be given serious attention in the proper forum.”
The statement added, “The Dominica Bar Association further states that the recent statements only serve to weaken the public’s confidence in the Judiciary and the Judicial System. Such statements should not be encouraged.”
The OECS Bar Association had also come out hard against Douglas in the matter.
“The OECS Bar strongly condemns the strident, contemptuous, inflammatory, and even defamatory, public criticisms of Sir Denis and the CCJ by Mr Douglas, which fall far short of the objectivity, responsibility, balance and level of respect becoming of an officer of the court. The CCJ represents the highest court for the Commonwealth of Dominica and we call on the Dominican Bar to look into this matter with a view to taking appropriate action,” the Bar said in a recent statement.
“However, if we are to strengthen respect for the Rule of Law in a democratic society, such statements should be constructive and fair and should be made to the appropriate authorities in a dignified manner and using the correct procedure. This is absolutely necessary if they are to be given serious attention in the proper forum.”
If that statement is true why are the Members of the Bar association getting up off their Laurels and making such constructive and fair criticism to the appropriate Authorities ? Otherwise We will view You as part of the problem causing it to be perpetuated! If You are so smart in other words why not do something about it?
The present bar is comprised of ………………some hungry blood sucking vampires. It is a shame, but each man is looking for themselves and what hurts the most is every time someone joins who we thing is going to be different it is the same s***. There is alot of in-fighting going on.. dont even mention those that stealing and bawbawling people
I have been trying to get in contact with the appropriate individual who is the representative for the Bar Association in DA with no avail. I have been dealing with an unjust situation and need help to resolve an injustice done to my family by a certain lawyer in DA which needs to be resolved.
The bar association should look into the matter of concern expressed by citizens, especially of actions by those in position of, authority and in the justice system. They too are not above the law and scrutiny. To say that matters should be presented in a dignified manner ??…… is saying that unless one knows the proper process to handle a complain nothing will be done to address the matter. Much is lacking in this statement and stand by the Bar Association. Read that position taken by the Bar Association again, from what is printed here.
What’s up with all the name calling? Lawyers are referred to as “learned” so just answer the mans question(s)…
https://www.cbn4.com/2017/05/06/cabral-douglasccj-saga-continues/
The Bar Assocation sounds elitist.The Judge us saying that it’s necessary for the judiciary to be subjected to scrutiny,yet the elites want to decide what scrutiny,what level of scrutiny,by whom and all that jazz.Some folks feel like their s*** don’t stink
why is it that anything one writes abut the frenchman is not printed on dno? are you part of the cabal?
Dominica Bar Association not following Lord Atkin, Lord Atkin said, “Lord Atkin who once said, “justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful…comments of ordinary men” He did not say use poper forum or address any authorities he said speak your mind. Good job Cabral u should write in the UK times about the rule of law with the CCJ, let the entire world know.
“The Dominica Bar Association further states that the recent statements only serve to weaken the public’s confidence in the Judiciary and the Judicial System…”. IT IS CORRUPTION AT THE CCJ WHICH HAS WEAKENED PUBLIC CONFIDENCE IN THE JUDICIARY!!!
The Dominica Bar Association is a closed shop with members loath to speak out – you certainly would not be considered for a prized authorized CBI ageny if there is even a whiff of you not singing the praises of the prime minister.
With regard to the Association distancing themselves from Cabral Douglas I would paraphrase Croucho Marx and declare that I have no desire to be a member of a club that that does not want me anyway.
Let me begin by saying that I am not a lawyer so my comment is that of an ordinary citizen. This statement by the bar association demonstrates exactly why people have no respect for the judiciary. We in Dominica have suffered grave miscarriages of justice by the court and it’s officials. They prevent a citizen from taking legal action against the government but allow the government to sue citizens, how does that work? The chief justice is supposed to put rules in place relating to elections but fails to do so which results in fraudulent win for skerritt. The court prevents skerritt from disclosing his passport agreeing with Tony that disclosure, a normal procedure which was allowed in all other similar cases, is a fishing expedition. The current judge throws out a defense at the behest of Tony without proper consideration for justice or the facts. How then can the public have respect for such a corrupt Institution?
A judge said she has a crush on the PM. DBA should remain dumb like they have been and take your criticisms like a man.
A predeliction for young flesh is no substitute for justice.
However, if we are to strengthen respect for the Rule of Law, the DBA needs to support the call by Cabral Douglas for the immediate resignation of Sir Dennis Byron!!!
…………..They opperate in the same way like in the last election when tompson fontain won in grand fond by 16 votes ,,Then a re count was conducted,They said they found 13 rejected ballots,All for thompson, He was still leading by three votes , Conducted another re count ,Removed another six spoiled ballots ,all in the name of fountain again, so the labour minister won by three votes, Right there ,there was no more interest in anymore re counting, The same thing happened in castlebruce two elections ago, Shame on the Dominica bar association , Things are just too glaring,Bernie have never ,and will never ruled onca against this administration,and will never , Nos under skerit’s rule, Just go back to the passport case, The evidence was written in black ,on a white paper
“The association did not specify the “attacks” in its release…”
That’s because there were no such “attacks”….
How does a man asking for a court to conduct its affairs free from undue political influence constitute an “attack”???
THE JUSTICE SYSTEM IN DA STINKS
We and our children will continue to pray until the God that we serve deliver us from this ONE MAN GOVERNMENT AND his friends because while their BELLIES ARE FULL our children are crying our LOUDLY BECAUSE THEIR BELLIES ARE EMPTY. The judge and all those who are upholding the wrong doing in our society, we are convince that all u are NOT GOD. REST ASSURED ALL U DAY MUST AND WILL COME because our GOD IS NOT ASLEEP. God MUST STOP all u one of those days.
I support Mr. Douglas 1000000%. If you look closely at what is being done in the CCJ you will notice that we the public does not stand a chance against any government in any court matter. Just look at Dca, if you have a matter where it will be heard within the eastern caribbean justice system and the Penguin attorney is your lawyer then victory is guaranteed. Mr. Dpuglas is taking heat because he is one of the few who has the cahunas to talk about it. Remember the PM passport case? The evidence was held captive by some and the court never asked for the passport …….hmmmmm. Imagine that? Technicality? My foot!
Go Cabral you are correct. It is my humble opinion that the CCJ is corrupt and cannot be trusted.
Assertive like Moses’ rod!
in essence the DBA is saying you can voice your concerns as long as we agree with them. Otherwise you are not allowed to speak.
Asking for accountability and transparency can hardly be construed as an “attack”!!!
That’s the hypocrisy I can’t take in this country. Most of the lawyers know of the injustice happening in Dominica. They side talk in unofficial forums. Every one knows certain lawyers and politicians get away or are being facilitated in the courts. Why are we like hypocrite seems like we a supporting wrong doing. The judges publicly declared their allegiance to the leader. My opinion justice has gone down the drain, morale values and discipline has been trashed and it’s all because of the judiciary and the Catholic church
Every comment I have read so far carries a negative message about the DBA just because it has spoke of the attitude of some or an angry person or persons who is/ are angry their demand or demands were not met. When judgment is ruled in their favor, nothing is better than that; when against them’ that’s the worst system ever.
According to a Justice Jacob Wit, who sits on the bench at the CCJ, the CCJ is a “dysfunctional ” institution…
http://www.trinidadexpress.com/news/E-mails-reveal-heated-exchange-on-court-drivers-268208782.html
Need U say more???
We did not need Cabral to tell us you guys are nothing but a bunch of unholy, unscrupulous vipers
Why don’t you guys discipline these known lawyers who steal people’s money and land? What about disbarring those lawyers who take clients cases and deliberately not file the claim without giving an explanation? Why can’t other lAwyers take their colleagues to court for legal malpractice? Some of these lawyers assume certain persons are not cognizant of the laws and feed them some lying bull shit just to take a case? Please review judgements for similar cases to yours prior to going to a lawyer..I have spoken to quite a bit of lawyers here unknowing to them that am familiar with the law..and what a load of crap they would say to you just to take your money..
You kidding ? You ever hear of one Lodge Member taking the other to Court?
Could the bar association please point me to anything incorrect or inflammatory that was said by Cabal. Was the chief Justice in te presence of the Dominica PM when he should have been in court to deliver a judgment? Is the chief justice the head of the legal and judicial services commission? Who will therefore appoint an investigator to look into matter raised by Cabral against the Chief Justice? Is Satan goin gto appoint Satan to investigate a perxieved sin committed by Satan? Our people never hadasay in the decision to move from the Privy Council the CCJ. A two third majority in parliament is not representative of the views of the citizenry. The CCJ is too close to politicians.
In its release, the DBA quoted Lord Atkin who once said, “justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful…comments of ordinary men”.
So are they, Bc they make legal judgements make them extraordinary people?
Look at SIR Byron’s face he looks like any ordinary btle hitting cigarette puffing Caribbean older male in a suit.
Jokes ,law aside am I wrong?
so they can speak, I thought that the bar association was blind deaf and dumb. so many matters those hypocrites remain silent on. let the people . people even speak against God
Great article and all gowned crooks who should be defenders of the law must see their day in court. I dont know why such playing smart but being stupid SOCIAL MANIACS are not brought to justice and cited for contempt of court. Is it that the law has goat lovers hence it has been elevated to an arse? Dog and Goat we have become as Satanic sacrifice to the fast-bell slaughter. We must take ourselves seriously and not blame everybody for our many wrongs. The law must be respected at all times. No lawyer, even if theyre saddled by the economic – disease of probono or is being dragged like a torshaw or cut by a chainsaw must always seek to uphold the good name of the reputation of this nobled professional . Medical dysfunctional conduct can ferment social media attacks against the judiciary . It is also laughable when such person inquire as to ‘ who wrote this or did you read that ? The air is pregnant with with speculative interrogatives but ‘ close ‘people do leak source. Let us obey.
Sadly, too many of us Negroes are still suffering from the pathology of slavery, colonialism and imperialism and continue to believe that the white man’s way is the best way. We just can’t bring ourselves to accept that in the Caribbean we have extremely qualified, impartial and professional men and women who can serve as judges. The CCJ is a wonderful representation of our self-rule and we should all celebrate the removal of that last vestige of colonialism and imperialism. Stop hating your own. Some of your negative comments are pathetic.
This is a joke! They attack people under fake names on social media , them come out and condemn it. hahahaah
Tommy Le sparta is an entertainment terrorist!
Corrupting the minds of the young.
Dominica has a right to keep these known terrorist from its shores.
Mr Emmanuel is a Lawyer and a citizen of D/ca He and his wife and their property got wounded on Christmas morning 2010 the DBA remain mute, the CCJ remain mute, the Police welfare Association remain mute, the Emmanuel’s almost loose their life, none of the associations mention above did not have the audacity to condemn the act
When things like that happens U all in the judiciary don’t want the public to comment about the scoundrel associations in the Caribbean,
I think this statement is counterproductive , as it will do exactly what the DBA says it doesn’t want to happen. If you are perceived to be sellective in what you choose to address, the you’re going to erode the people’s confidence in the judiciary. Basic commonsense.
Really? Is there such a body in Dominica? One never would have known had it not been for their categorization of the peoples expression of their dissatisfaction at the overall behavior of this particular judge.
Where was this august organization when the PM disrespected them by disbanding the IPO thus eliminating their representation on the IPO? Where were they when the government rammed through the house that dreadful piece of legislation that automatically deprives Dominicans of their property without compensation and due process? Where were they when the Inland revenue department is garnishing people’s accounts and salaries without due process, when the banks are allowing the IRD to literally have access to your account at the bank so they can garnish your money? I am not making this up I have been informed by a Senior counsel now retired that the process is illegal.
In all of this where was and/or is the August bar association and all those honorable persons.
Denis; it is my opinion that any attack on the Dominica judiciary is not without cause, and fully justified! When we are talking about the country’s Judiciary, we include the police, lawyers at every level, those employed by the government, and those in private practice; magistrates, and judges too!
There is no justice in Dominica; the entire judiciary is flowered, it is bugs! Here is a situation where a man was beaten with a Machete (Cutlass) and stabbed in his neck, last week the police told the victim; getting beaten with a machete is not an offence which warrants an arrest. The also told the man they cannot arrest the woman who stabbed him in his neck, because she is pregnant!
Man don’t you know a machete is a deadly weapon used in the killing of people? Why should the police refuse to arrest two criminals who attempted to murder someone simply because one is pregnant. The reason that part of the judicial system did not work; it is all due to politics!
Maybe two…
Continue:
Maybe the two criminals ware the color red!
Denis, when a court accepts a frivolous law suit because a government in power believes it has the right to victimized a politician over comments he made without mentioning any particular government puppet name; that is reason for public attack on the judiciary. It is alleged that a member of the judiciary paid an arsonist to fire bomb the home of a former member of the judiciary.
The culprit implicated himself, stating he was paid to firebomb the house whiles an old former magistrate, and his wife was asleep; almost seven years ago: the DA refuse to prosecute the culprits involved, that is reason enough to cause people to riot against the judicial system, and persons directly involved in the judicial system.
Man shut up! In Dominica murders kill, and the judiciary set them to go to kill again, so what is unfair about talking about such evil your system uphold in the country! In Wesley people were killed, the police has…
Finally:
In Wesley people were killed, the police has not even investigated their murder. The police is an instrument, and part of the judicial system, are they not?
Where is the justice which the judicial system is supposed to dispense in favor of the poor and innocent!
The CCj has demonstrated that where situations are presented to them involving sitting current member governments, irrespective of the quantity of the evidence presented they never seem to rule against these member governments. This gives the impression that no matter what evidence is presented by the opposing litigant it makes no difference. A wise person said justice should not only be done but should also be perceived to be done. Governments come and Governments go and the CCJ should remember that this is how the dissolution of some organizations begin.
There are two sides to the story and AI think the Bar Avocation is just closing ranks with its hierarchy.
What happens to debate, discourse, arguments, disagreement and agreements Counsel?
I am not going to pass judgment on Mr. Douglas and the Bar Association should apply some brakes here.
Simple because u and ur carbalist happy with what he have said?
If it was anyone on the side which u against who had said less than what Cabral said u would be calling on Satan to invoke his strongest evil to fall on that person SIMPLE BECAUSE THEY NOT OF UR POLITICAL KIND. But it’s a good thing ur views don’t matter to majority of Dominicans. We see through u all comments and it is always viewed as unpatriotic and unstateman like.
When Edison won his case against Cucumber the court was the best court. When he won against Ian Douglas the court was good. When Lennox won against Pinard on the ground of qualified privileged oh this was the best court. But now the very court said to be Lennox that “YOUR DEFENCE WHICH YOU FILD HOLDS NO SUBSTANCE”. She is the worse.
But I want him to appeal. And appeal again. Because he have over $500G to pay Pinard at d end. But he will have millions to pay at the end. And Bubbles the selling passport & Min Baron own coming. So u all have more…
The Dominica Bar Association is a big, joke!
Dominica Bastards Association – I’m sure GON Emanuel who was stabbed in the back by these scoundrels will agree!
the truth will always hurt them.
Did the Bar Association just came about? The Association should not be one sided.
Trust me the CCJ is indubitably corrupt. that is the only reason why our Caribbean leaders embraces it so much. Our Caribbean leaders are known to practice a high level of corruption.
DNO continues to protect some MINORKEYS and some staffer or management seem to stifle aspects of our well earned freedom of reasonable expression without fear or favour or ill will or malice? In recent hours another high and distinguished member of our local Bar has been vilified via an insanely driven & criminally mudded known yet disgraced individual .The use of Whatsapp to launch an attack on a highly respected learned legal mind is a cowardly act by an obviously troubled & severely troubled mind. It is beyond pathetic for this unmasked architect of deception & dishonesty to even believe that the actual Whatsapp source and origin of the message will not be unearthed.The motive is clear and speaks to the desperate position of its authorship.Forensics are at an advance stage of investigating all of this and implications shall be judicially severe. The medicalization of a certified injured mind is curative. Seek help. We must respect the officers of the judiciary and they must exempt.
Padner or Madam, what the hell are you talking about. We are all lost.
Freedom of speech is a freedom that no matter how slight it is infringed upon renders it’s meaning and essence worthless. Be very careful as to the slippery slope the judiciary system will be led down for the actions of a few utterance of words whether true or untrue with or without malicious intent. It seems the DBA and the OECS Bar Association without proper investigation are strictly siding with colleagues. If we are to assert that we are a Democratic society, no man is exempt from or otherwise not subject to the exact same democratically observed values, not the Judicial branch, nor the highest government post all the way down to the grave digger. Do not sacrifice Precious liberties and waste time on frivolous issues because of hurt fillings. Dominica has a mountain of issues that has to be addressed, and this issue needs to be given no more attention than a dispute between neighbors over loud music. Stoop to that level and that’s the level you are on.
Let roll this back then. So forensics will determine who the real owner of the villas are and could have been used to determine the truth about the attack on G O N Emanuel but the court allows judicial review to prevent charges to be read and you call for respect for persons operating in that court.
‘Forensics are at an advance stage of investigating all of this and implications shall be judicially severe. The medicalization of a certified injured mind is curative’
Such an idiotic mumbo jumbo statement. Speak plain english with decent grammar to get your message accross and stop trying to impress people like you are some high brow jackass. People tend to respect someone who doesnt try to baffle them with dumb jargon.
In a democracy anyone is entitled to pass fair comment in word or writing. Particularly those in high places must expect to come in for criticism. If such criticisms, observations or remarks are deemed injurous to the subject in any way, there is well established libel and sland r legislation for such parties,to seek redressf. The dispensers of justice are no exception. Everybody is equal before the law and I would rue the day that our constitutional rights would be curtailed simply because of reverence,assumed privileges or status of the person. If you can not stand the heat, get out of the kitchen.
It’s very disrespectful and a downright shame! Everyone has a right to freely express themselves but in a respectful and respectable manner.
And who shall be the judge of what is respectful and repectable? Tony Astasphan??
DNO under the privilege of free speech I think that the judges in the Caribbean are very very corrupt. Without calling names I know of some very damaging and troubling cases of corruption. I will leave it there
Some people in high places find the truth about their behaviour and conduct offensive. The CCJ and this Government are classic examples. These people who have exploited their positions to gain immense personal wealth will not hesitate to use that wealth to suppress and dissent or opposition to their actions or deeds with litigation. However bold and strident they might appear, they will never step outside the confinement of the CCJ as they know that they have no bite or credibility elsewhere. However, it won’t last as long as they might hope
This debate is happening too late. Dominica has already adopted this corrupt court as its final court of Appeal. There is no turning back now, corruption has become institutionalized…
Is there such thing as “losing your practicing license”
This lawyer has lost the ethics of legal practice in the battle of law. His public attempt on humiliating the Bar should not be tolerated not for a second, and he should be cited and cautioned of his ghastly behavior.
He should be put to the learning chair to understand the reason why he is at the level of a lawyer and not on the Council of Judges.
If his behavior continues, he risks his demise of setting up shop and practicing law on the animal farm.
The justice system itself mudt be the ultimate line of defense against the erosion of public trust and confidence. It is quite upsetting that the bat not bar association avoid legitimate comments about the injustices coming from the justice system but take offense to comments made about the obvious mismanagement in the system.
The judge must clarify his meeting with the politician prior to the case. Tell us whether or not the appearance of conflicting interest is fair concern. Justice must not only be done but must seem to be done.
I think that the bar association is talking only because the scorching criticism came from another lawyer who is apparently not part of the country club
First Dennis Byron should ask the media to with draw that photo it’s unbelievable, next we the public have the right to questions statement from Judges and Lawyers and we can also include the Police, and I guess they know about the freedom of speech, when we see injustice been handed down and nothing to do with the law, and especially when we see one Lawyer dominating the justice system and getting away with it because he knows how to play the judges and Magistrate on the bend to his advantage we must comment. So the mouth piece of the Bar Association should not issue any statement that’s full of hot air because so many items were brought to the front and they remain silent so why now, I can only say they should go back and come again wrong is wrong no matter who , instead they choose to stay in the back well I would suggest they return to the back bench and ask themselves who do they serve, is it the people, Government ,PM or the justice system. WHO !
AMEN and AMEN!
The judiciary system in the CARRY-COME states should go shine some shoes, because it is as corrupted …. We are tired of allu crazy, hissy-fit tantrums.
Why have we never heard the DBA come out and condemn corruption? But here they are condemning Douglas for exposing corruption!!!
DBA to late to late will be the cry you brought it on yourselves so clean up your act.
“The Dominica Bar Association further states that the recent statements only serve to weaken the public’s confidence in the Judiciary and the Judicial System. Such statements should not be encouraged.” What has weakened the public’s confidence in the judiciary is the conduct of …….,not the fact that Douglas has spoken about it….
For once I agree with you brother. It is this kind of attitude by the judiciary that weakens public confidence in our justice system. They should not only be independent, especially from plotical interference but seen to be independent. They should be more robust and open. it is not just about winning a case, especially on a technicality. Have you ever heard of an attorney in our jurisdiction being debarred or struck off? Is that because they are like saints and don’t misbehave like in other countries like the U.S.A. or the U.K?No garcon, in these countries they are held to account and constantly scrutinise so that the public can have confidence in the system. We call these countries colonial but I trust their legal system better for true.
“However, if we are to strengthen respect for the Rule of Law in a democratic society, such statements should be constructive.
The only thing that’s strengthen respect for the courts is it’s unbiased and independent application of Justice. The court should also avoid any hint, appearance, or activities that could indicate partiality. Nothing wrong with hanging out with regional leaders but we all know how our system works. Eg a man is killed in a police cell up to now justice cannot be served. We need to separate the judiciary from the government and when illegal acts are done the courts should have power to stop and not sit by talking about not wanting to interfere. The Caribbean judicial system needs a revolution. Hiding the ugly Truth will not help.
Shaka Zulu, you should run for office. Your opinions always seem to be objective and very salient. No one is infallible, to err is human. The court should expect criticisms for making poor decisions. Who has elevated these judges to such a height that they have achieved Godly status? The problem with many of us is that we would rather to be ruined by praise than saved by criticism. By the way, do the Caricom governments finance the CCJ? If so, this should raise eyebrows. Let me end with this quote: “Unless justice is done to others it will not be done to us.”
Can someone enlighten me? How long should a judge remain in one country. Justice Bernie Stephenson has been in Dominica for close to 10 years. Probably she has overstayed.
Familiarity breeds contempt. Maybe no one else wnats her or maybe she is too comfortable here?
I would like to continue such attacks, especially against the non-existent Director of Public Prosecution in the Commonwealth of Dominica. It’s inept and fails the citizens who depends on it to administer justice and keep our citizens safe. Pretty much every murderer walks free after committing some of the most heinous acts against their fellow citizens. The conviction rate must be 1% on the island. In a democracy, ordinary citizens are allowed to criticize anyone and anything so long as they refrain from libel and slander.
Why do these associations speak so selectively and then expect respect? Move there!