DPP concerned about granting bail for serious offenses

DPP Pestaina. * DNO file pic

Director of Public Prosecution (DPP) Gene Pestaina is taking issue with what he says is the granting of bail for serious offenses in court.

Pestaina said granting bail for serious charges can be detrimental to witnesses and others involved in the case and is very “unsatisfactory”.

“It seems to me that certain adjudicators are prone to grant bail,” he said.

He has made reference to what police say was the attempted murder of Senior Financial Intelligence Unit officer Patrick George early Sunday morning. Five men are being questioned in connection with the incident.

Pestaina said he has long been concerned about the welfare of police officials in that regard.

“In George’s case … he’s a police officer without an insurance behind him, what do you see about his protection? Should he be left on his own?” Pestaina questioned.

“When there a defective bail act and no satisfactory witness protection scheme, you have the potential witness out there facing the criminal. That is very very unsatisfactory,” Pestaina accentuated.

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21 Comments

  1. Disclaimer
    January 26, 2011

    True that!!! No bail!!!

  2. Not Dumbinican
    January 26, 2011

    What happen to innocent until proven guilty.? How the DPP know who attack George and is someone that out on bail?

  3. COMMON SENSE
    January 25, 2011

    So now all moomoo talking. Just because it is a police officer, all prickle up. Well, I wish to remind you all that lawyers are also citizens and need protection. Is Cpl. George the only person without insurance? He has a job why doesn’t he have insurance? He has a very high risk job why doesn’t he have insurance? Is that our fault? Are the accused the only ones who have been set free after being accused of a crime? What about those three people murdered on a boat off the west coast? How does a person with memoire poule finish law school? How soon do we forget!!

    I have a very big problem with any criminal. Criminals need to be punished. The problem is when we select who we want to punish. We turn our heads at some and then want to crucify the rest. Punish them all. Do not wait for a police to be attacked before you act. Now it hits close to home, all moomoo talking. I wish to extend my concerns to Cpl. George and his family because no one deserves to be attacked. You are a police and a lawyer and yet you choose only one side. SAUL!!

    We all need protection when we are attacked. There have been other accused freed. We have repeat offenders walking the streets. You have been charged with ensuring that criminals are put away. The police are charged with ensuring that they catch the criminals. If the two of you do your jobs, then we will have less personal attacks.

    • SO 2
      February 20, 2011

      so you not a citizen too? you doe want protection? why some of you all like putting others before you all? LET COMMON SENSE PREVAIL FOR GOD IN HEAVEN SAKE. if small fish Cpl. George was smart enough to insure his house why a SENIOR LAWYER and FORMER MAGISTRATE wasn’t INTELLIGENT ENOUGH to ensure the house was insured before they USE BRIAN to do the GASTARPO TECNIC ON THE HOUSE CHRISTMAS MORNING? THATS ALLNOW HE CANT WEAR SHOT SHIRTS.

  4. SOTU
    January 25, 2011

    It seems we love to tear down and attack people.

  5. tim tim
    January 25, 2011

    I smell a rat,

  6. wesleyman
    January 25, 2011

    I think we are confusing “accused” with “convicted”. When someone is accused of a crime, there are a few reasons for denying bail, one of which is, is that person a flight risk? you can’t lock up every potential criminal just because they may commit a crime again. Mr. pestaina should be happy living as a free man, ALTHOUGH NOT WITH A FREE CONSCIENCE,maybe he is becoming affraid,or maybe just maybe it is the ghost of John Rose Lindsay ringing in his head. I dont see the problem so much as allowing bail, I see it more as incompetent prosecution,what does he want, to keep them in jail, so that they will do their time before the case call, because by time the case call, they will be out because he cant win a case to save his life. We have to make up our minds, do we want to live in a free society, or is the gradual easing of the dictatorship,too slow for us.Do your work sir,argue your cases and positions before a judge, not the public, we neither make laws nor do we enforce them. maybe the secondary issue is that there are too many ex-criminals left with the responsibility to uphold the law.

  7. Truth, Justice, Love, Peace and Unity
    January 25, 2011

    Whatever occurred last year has passed. Last year will never return – it is gone forever.
    We are now in the year 2011. Errors of last year could catch up with some people who are specifically the law makers. However, those who have made errors and recognize them in the year 2011 are probably making amends. We hope that they are serious-minded people who stand by their words. They should be forgiven as everyone makes errors in whatever manner. Citizens in general know that the Law is not perfect. This is a world-wide problem. Nevertheless they should not be criticized and those instances of last year should not be brought back/repeated. It is like reproaching them which serves no useful purpose when considering the serious aspect of the issue as granting bail to criminals with serious offences. Look forward and not backward. Victims are to be protected. Too often they are not. A restraining order should have been placed on those criminals who may not honor it.
    Mr. Pestaina should be commended and Dominicans in general should encourage him also for the good of their safety.
    I wholeheartedly endorse his stand on this serious matter and as Deoborah stated: “100 per cent.”
    Without much ado the government should ensure that a Law be passed to deny and not grant bail to such persons who pose a menace to society who may return to their victims and harm them. There should be no preferential treatment whether the offender is young or not.
    Let this be done immediately.

  8. Aaaaa
    January 25, 2011

    Cause no criminal should be granted bail so they can be in band playing music or jumping on plane to escape eslewhere.

  9. Just
    January 25, 2011

    Gene Pestina– A voice from the past maybe calling you Sir in the Mahaut area!!!!

  10. Jolly Brown
    January 25, 2011

    And the Dead shall RISE

  11. An observer
    January 25, 2011

    I will not do like the others and criticize Mr. Pestaina for his incompetency no matter how much tempting i am instead i am going to commend him for finally speaking out regardless of what his motives are. I just hope that he will continue and while i will not question him just as ‘like following their masters like poodles’ did i sure hope that he takes those statement into consideration, speak when needed too and not only support his colleagues like Magistrate Tiyani Behanzin but emulate his actions, take a book from his page and aspire to be a man of principle like him…Ok most ineffective DPP in the Caribbean???

    • SO 2
      February 20, 2011

      THATS ALL YOU PROBLEM YOU NO…

      DON’T TALK ALL YOU VEX…..

      SAY SOMETHING ALL YOU STILL HAVE A PROBLEM

      HOW CAN YOU ALL BE SATISFY?

      DAM IT…

  12. Lady
    January 25, 2011

    Hmmmm I seem to recall that when Behanzin was refusing bail, another lady magistrate was granting bail at give away prices….. she even granted bail to a child molester who went back after the child in question…the lawyers and them were up in arms against him. Didn’t hear Pestaina then…… Lets hope this is not just a show!

  13. mouth of the west STEP-BROTHER
    January 25, 2011

    AYE BUT BRO, THESE GUYS ALWAYS SAYING AND ARE ALWAYS CONCERNED BUT THEY AREN’T DOING JACK ABOUT IT!!!

  14. mouth of the west
    January 25, 2011

    OHH MAY I ADD THEY SHOULD ALSO BE DEMANDED TO DO SOME HARD LABOR WHILE OUT ON BAIL! ACCORDING TO WHETHER OR NOT THEY ARE EMPLOYED AND PROVIDING FOR THEIR FAMILY!! IF IS THOSE VA/CA/BONS THAT ONE THE ROAD SMOKING AND DOING DRUGS SEND THEIR … IN THE GRASS TO CUT IT!

  15. following their masters like poodles
    January 25, 2011

    Mr Pestina i feel you and you are on point, but my question when our “lay” magistrate Tyani was asking for the bail act last year and complaining about the lack of it, why was your silence on the matter so loud? Do you now feel threatened and cornered therefore you feel the need to talk? Coming events do cast a shadow before it we got advance warning and we did not take heed, i wonder what else we are ignoring that is going to later bite us in the butt.

    • SO 2
      February 20, 2011

      STUUUUUUUUUUUUUUUUUUUUUUUUUPES

  16. mouth of the west
    January 25, 2011

    I know right…aye but pal the thing is that the prison don’t have space! u all most pass a law to which the crime can be allowed bail and according to the risk of letting the person out, whether or not they can interfare with the investigation!

  17. Cryyyyyyyyyyyy
    January 25, 2011

    Pestaina are you trying to save face? I thought you were part of the justice system? why are you crying it down like that in public? Did you speak to the judge about this? Did you speak to the big man judge that shame you the other day about this (chief justice)? Because they tell you that you incompetent you talking now? anyways talk… i guess the public is getting to know what is happening in the system.

  18. Deoborah
    January 25, 2011

    I agree with Mr. Pestaina 100%.

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