DPP discontinues case against Franklyn Hypolite

Franklin Hypolite. Photo from Facebook public profile

Dominica’s Director of Public Prosecution (DPP) Gene Pestaina has filed a notice of “discontinuance” against Franklyn Hypolite who was facing a charge of theft.

This, after Hypolite’s attorney, Joshua Francis, wrote to Pestaina pointing out that circumstances in the matter would compromise the moral integrity of the justice system.

The notice was dated December 7, 2012 and it was alleged that Hypolite stole monies from mining company, RDR Inc.

Hypolite was arrested twice by the police for the alleged theft and it is reported that arrangements were made to have him surrender his passport to RDR. It is also reported that he was to hand over his land as some kind of punitive measure imposed in a contract which was said to be signed by him in the presence of a police Inspector at Police Headquarters.

Not having fulfilled that requirement, he was arrested a third time and brought before magistrate Candia Carrette-George on 21st August 2012, where he was accused of stealing over $125,900.61 in cash and cheque from Mining Company RDR located in Colihaut between 26th July 2010 and May 2012.

Hypolite was granted bail in the sum of $125,000.

In his letter to the DPP, Francis wrote that “the continuation of the proceedings would compromise the moral integrity of the criminal justice system to an unacceptable degree.”

“The investigating police officer may have acted with improper motives regardless of whether or not the misconduct was committed in circumstances of urgency, emergency or necessity,” the attorney wrote.

He charged that the conduct of the investigating officer and a “legal counsel” appears to be seriously improper and could bring the administration of justice into disrepute.

“Our opinion is that there is strong evidence that the charge would fail for lack of forensic accounting and independent accounting evidence. The more appropriate cause of action is professional misconduct in the civil arena,” Francis wrote in his letter.

He further stated that, “there is also strong evidence to support an application for judicial review to stay criminal proceedings on the grounds of abuse of process, the limb of promise not to prosecute, and pre- trial police misconduct. The allegations by our client added with a copy of the executed agreement are compelling. This criminal proceeding has been foully compromised and corrupted.”

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71 Comments

  1. Anonymous
    December 13, 2012

    Peeping Tom, it’s not what kind of justice is this since we all know guilty people walk free every second all over the world because of tainted evidence. So, to use the word “justice” in this instance, is to imply that guilty people deserve justice. They dont. They deserve their day in court but no justice becasue they are guilty. Only the innocent deserve justice.

    The question is, simply, what kind of legal system do we have if a case proceeds when evidence is tainted? To go ahead under such circumstances can never be allowed because inspite of the grotesque, bile inducing fact that guilty people walk free all the time because of such loopholes in the law, we must still pursue to the ends of the earth the protection of a system that is set up to ensure the innocent do not go to jail.

    So whether this guy is guilty or innocent, if the evidence is in fact tainted, then to protect, ultimtately, the innocent, the case must be dropped.

    • Michael Bunche
      December 13, 2012

      Wow…well bloddy said!!!!

  2. dissident
    December 12, 2012

    To all naysayers:

    De man was arrested on suspicion of stealing. De employer never provided evidence of theft.
    How would he be able to cash a company check and he is not an executive of the Board of Directors? Accountants can’t cash company checks if they have no authorization?
    Some of u talking like u know so much about the case or even know Franklyn. Some of u would really like to see him guilty.
    U may think its a technicality but it isn’t.

    Good over evil forever!!!!

  3. bee
    December 12, 2012

    You all are encouraging employee to steal from their employers, that a real shame. I am not
    accusing no one but if you do it once you’ll do
    it again a thief will aways a thief.

  4. Truth
    December 12, 2012

    :oops: :twisted: :mrgreen: Commissioner Carrette was right,when he said that kindergatten police officers were in the police service,though himself was an idiot and disgrace to the police.When a boy who just left school is accepted to be a police by just giving him about 3 to 4 months training at Morne Bruce,what does one expect?Alot of these police officers can’t speak properly,can’t and don’t read,can’t write properly ,far less to write a statement and know the laws.The masses of the police service in Dominica does not have properly trained officers.I was giving evidence once and the officer writting the statement could not even write a proper statement,i had to tell him how and what to write,big shame.They sems not to care about the job and integrity of the police.That’s what happens when polititions are involved in the selection of the process and when you have hungry people joining the service for only a salary.So the leader,so the nation and the institutions! :oops: :oops: :twisted: :mrgreen: :?:

    • Shameless
      December 13, 2012

      We can all bash the police but it is an insult to all of us when you “claim” there are officers cannot read. This is TOTALLY untrue because the four months spent at Morne Bruce is very intensive and requires a lot of studying (reading) and exam taking. We may not like the police for whatever reason but insulting the police without any proof for our basis should NOT be tolerated.

      Further, what does the age or youth of the officer have to do with his ability to serve? We have old hard back men/ women that are 40yrs and still behave like my kids. From time immemorial recruits have been accepted in police forces and army at the age of 18 because it has been proven beyond any doubt that this is the ideal age for molding people who chose to be part of these organizations. Sometimes we all need to stop blowing hot-air and do the research. We need to quit the useless criticizing and support the police. I rest my case..

      Assertive, NOT Agressive!

  5. ReeAreLeeTea
    December 12, 2012

    Guilty until. Good work.

  6. DANZIGER
    December 12, 2012

    People becareful a lady told me she wanted to get reed of an employee so she put a whole chicken in her bag and she called the police. They got the chicken in the her bag. I ask her how she felt about it she said oh she is happy because she destroy the girl reputation. lOOK AT THE PAIN SHE LEFT ON THE INNOCENT WOMEN.

  7. Observer
    December 12, 2012

    Dominica Legal system is a big joke.

  8. December 12, 2012

    my justice is martial law…vigilante justice!

    enough is enough……this system of abuse of citizens have to stop.!

    cuz to franklyn hypolite
    eh

  9. me1
    December 12, 2012

    so does that mean that people will say he did not steal the money? Come on people. I know majority of Dominicans think he did steal it, now he might not pay any of it back but that did not really clear his name or his reputation. Good luck Mr. you’ve done well for your self, what ever way you did it, it worked out fine for you.

  10. namich2008
    December 12, 2012

    This is another good reason for the passage of the legal profession act. This was recently suggested by the president of the bar association Mr.Ragga Ferguson:

    https://dominicanewsonline.com/news/homepage/news/crime-court-law/oecs-bar-association-to-press-for-passage-of-legal-profession-act/

    But we all know why we will never see this come to be….to many corrupt lawyers.

  11. my take
    December 12, 2012

    99 days for the thief the 100th is for the police..No one to guard the guards..What a shame!!

  12. penda
    December 12, 2012

    well well well, I thought people who go church often, people who say they grow up in a church house can be so wicked with no heart what they dont want for themselves they do to others. All rope have an end I shall listen to hear more concerning that NITE lawyer.

  13. Worried
    December 12, 2012

    Police officers don’t do there work. They don’t investigate properly to get the proper evidence or to find out whether there is evidence or not. They just come arrest you, lock you up and then wait for you to go court. They don’t give disclosure and want to push the case

    • Me, my dog and i
      December 13, 2012

      i totally agree with you on this one . they are so fast to run and arrest you and then they turn out like fools.

  14. langsal
    December 12, 2012

    i have three words for them, debar, fire, sue….

  15. forkdat
    December 12, 2012

    dominicans have become aware of the perks of illeagal behaviour and now everyone is corrupt.

  16. Huh!!
    December 12, 2012

    Franklyn, If I were you, I would now turn around and sue the police service. I would sue the officer/officers involved in civil court. I would sue for misconduct, for pain and suffering, for embarassment, for signing documents under duress and for putting me in a position to lose property. I would also sue for overstepping their authority.

    I do not know the details of the accusations from the employer. It is their duty to prove your guilt. Police cannot dish out judgement. That says alot about our judicial system.

    • Anonymous
      December 12, 2012

      Very well said. I would just add that it’s bizzare and utter rubbish for one’s passport to have to be surrendered to an employer, in this case RDR. The police ought to know that the passport is the PROPERTY OF THE STATE!

    • nopeeeeeeeeeeeeeeeee
      December 12, 2012

      mam he cant sue the police. First of all there was no false arrest involved. The police had probable cause for the arrest. Once probable cause was established one cannot sue for false arrest.
      If lets say a person is arrested for example for killing someone but the only piece of evidence to convict the suspect was obtained illegally, the court could either throw the case out or the accused might be found not guilty. A not guilty verdict does not always mean that an accused is innocent.
      In this case based on the information given, there was police misconduct hence a discontinuance was necessary.

      I am in no way saying that this guy is guilty.

      • Anonymous
        December 12, 2012

        You comment like you know so much on the matter

    • SD
      December 12, 2012

      Amen my thoughts exactly

  17. KNOW YOUR RIGHTS
    December 12, 2012

    That’s why I mentioned that police officers must follow proper procedures else cases might get thrown out or dropped.

  18. Huh!!
    December 12, 2012

    So police turn judge, jury and executioner!! How can you tell a person that he has to surrender his passport to the company? Are you serious??

    On the flip side, our companies in Dominica seem to be lacking in common sense. Over the past few months, how many companies have had thousands of dollars supposedly walk out of their institutions? Who is guarding the guard? Even if you have an accountant, who is overseeing what is being done? Managers need to be more vigilant and aware of what is going on in the company. Stop riding around in your fancy vehicles and spend some actual time working.

  19. I DONT CARE
    December 12, 2012

    is not what you know is what you can prove in court

    • budman
      December 12, 2012

      that doesn’t apply here. this was a case of procedural misconduct not the ability to prove or disprove.

  20. I DONT CARE
    December 12, 2012

    lack of properly training personnel in the field of accounting principle is the probelm. this is not the ordinary burblary.

  21. Larwi Deahyeah
    December 12, 2012

    Great JOb Jushi. Keep doing the best.. and let the Great Spirit continue to bless you. Stay on the side of truth and the darkness will slowly disappear.

  22. Serving the Public!!
    December 12, 2012

    Some of those policemen are so dumb, so ignorant of the law and hungry.

  23. HMMMMMM
    December 12, 2012

    ?????????????

  24. ?????????????
    December 12, 2012

    For all information, Franklyn worked at the RCCU for many years and worked remarkably and honestly. Franklyn would never take advantage actually his Employer took advantage of his good nature and commitment to his job. But underneath this is a man who would not compromise and this is where some Employers make the mistake and when one does not comply, they try their best to destroy your character. The officer in question, please appologise to the young man for the manner you treated him by trying to let him sign over his passport and land.

    You the Employer, make a concerted effort to appologise to the young man. Alas partner God is watching down on you. Leave your pride behind and appologise … that man was a conscientious and committed employee. Don’t you think you owe him more than this. The Father will bless you if you the right thing.

    Franklyn I always knew that God would see you through and continue to give him thanks and praise as he was in it.

    People get facts before you make your comments. It may be you or your family tomorrow,

  25. HMMMMMM
    December 12, 2012

    God’s justice is always the perfect one.

  26. HMMMMMM
    December 12, 2012

    ok

  27. Hello There
    December 12, 2012

    comments where art thou?

  28. ?????????????
    December 12, 2012

    Hello DNO where are my comments?

  29. Hello There
    December 12, 2012

    Guess the Police officer, Employer, Lawyer for the Employer underestimated the guy and thought that his timidness and quietness, they could frighten him to sign over.

    Behind that cool facade is a man who is not weak but strong. Stop judging people by just looking at them. You will fail and will see the true person and may be have to run for your life.

    Take note people.

  30. Anonymous
    December 12, 2012

    Please, Please explain to me in simple language what is going on. I am a legally trained person and I still do not understand. The only excuse is that the report may be woefully incomplete or inaccurate.

  31. Hello There
    December 12, 2012

    hmmmmm God is good.

  32. Satelite
    December 12, 2012

    Somehow I can see another police officer getting suspended and possible fired. This is total madness, by the police.

  33. Jayson
    December 12, 2012

    So a boss man in a company can accuse an employee of stealing without a stroke of evidence and police can just come and arrest him and lock him up even to the point of that same employee being held to ransom but trying to have them sign over their passport and landpapers???!!

    UTTER MADNESS!!

    • ?????????????
      December 12, 2012

      Yes Jayson, you have the picture. Just for spite that was done to the young man but God is in control all the time.

    • Young Man
      December 12, 2012

      Same thing that was tried with me. My employer accused me of stealing when I resigned my job for better employment. Dragged my family to the ground. Almost went off. Thank God i stood my ground. And guess what? I’m better off now.

  34. WOW
    December 12, 2012

    Let’s see if the Bar Association will open their mouths. Let’s just see. When it was Earl Williams all of them could talk especially the then AG Francine Baron Royer but noone has anything to say about anyone else. And we know who the culprits are.

  35. Anonymous
    December 12, 2012

    “compromise the moral integrity of the justice system”…interesting…i wonder what exactly about this case would “compromise the moral integrity of the justice system.”…bs…lawless smfh

    • dominicanstudent
      December 12, 2012

      Read the article and you’ll figure it out.

      smh.. all I have to say is Pestaina and the police commissioner are not up for a challenge. They just allowed this to slide by whether it happened or not. Yes, the man is innocent until proven guilty. However, the DPP and the commissioner have their hands tied, take a chance and go forward with the plea, and at the end since they no that the officer investigating did make a mistake in the process of investigation could decide to fire him and maybe suspension without pay and still find a way to prove Hypolite of stealing. OR they could just slump down in their chair and say “OH GOSH, we’re done for” and still fire the cop. Yet, still either way they’re lost.
      SO are you still wondering what “compromise the moral integrity of the justice system” is? You should check the dictionary for the word ‘compromise.’ Here, it’s all about the way in which the officer went ahead and did his investigation and by which means, could be unlawful in acquiring evidence or some other situation illegal to the process of law. Still need more info anonymous? :lol:

    • dominicanstudent
      December 12, 2012

      ahaha phones – Know* and their*

  36. WOW
    December 12, 2012

    Guess it worked to the accused’s advantage.

  37. WOW
    December 12, 2012

    That is sad,would like to get the whole story. I definitely don’t condone stealing but what the company and the police officer did was wrong. The company probably knows that their accounting policices are lax so there are probably loopholes in their system which could prove embarrassing in court. This guy is a smart guy and allegedly took advantage. I remember some years ago the same problem at Whitchurch, when they knew who stole the money but it was hard to prove in court because their sytem was just not foolproof. Since then they have had to improve it. This is a lesson to all the companies out there, trust noone. Make sure that you have checks and balances to keep your money safe.

    • ???????????
      December 12, 2012

      If you knew Franklyn you would not make that statement and would really as you said “get the whole story”. For your information, Franklyn worked at the RCCU for many years and worked remarkably and honestly. Franklyn would never take advantage actually his Employer took advantage of his good nature and commitment to his job. But underneath this is a man who would not compromise and this is where some Employers make the mistake and when one does not comply, they try their best to destroy your character. The officer in question, please appologise to the young man for the manner you treated him by trying to let him sign over his passport and land.

      You the Employer, make a concerted effort to appologise to the young man. Alas partner God is watching down on you. Leave your pride behind and appologise … that man was a conscientious and committed employee. Don’t you think you owe him more than this. The Father will bless you if you the right thing.

      Franklyn I always knew that God would see you through and continue to give him thanks and praise as he was in it.

      People get facts before you make your comments. It may be you or your family tomorrow,

  38. December 12, 2012

    Who is the legal counsel; I hope is not …..again. What about the police inspector hope is not the $ 16000 US dollar police inspector nor corbo.
    This country is just dirty with corruption

    • langsal
      December 12, 2012

      night

  39. james letang
    December 12, 2012

    Well its how the country running no law.

  40. bigtymerz
    December 12, 2012

    Way papa.Am i understanding this clearly? So because the investigating officer and the lawyer may have abused their right, the charges are to be dropped. Does that mean that he didnt take the money?The people who acted improper motive should be dealt with accordingly, but the case should still go on. Is that what our Justice system in Dominica is getting to?People who break the law needs to be dealt with.

    • Peeping Tom
      December 12, 2012

      bigtymerz: «The people who acted improper motive should be dealt with accordingly, but the case should still go on.»

      How can a case proceed if the evidence supporting the case is tainted? What kind of justice is this?

    • budman
      December 12, 2012

      how can the case go on when the evidence is now suspect at best??

      • langsal
        December 12, 2012

        its called ‘contaminated evidence’

    • I DONT CARE
      December 12, 2012

      y waste d court time

  41. Chou Poule
    December 12, 2012

    On what grounds did the DPP discountue the case. I am aware that he is not bound to give a reason for his decision, but it would be nice to know.

    On another note, some of the lawyers that we have here are power hungry and greedy and they are somehow responsible for the level of crimes that we have. I say this because they always put up excuses for repeat offenders just to make their money.

    They will only realize what they are doing when it hits home, like the other day
    Admin, do not delete my comment.

    • dominicanstudent
      December 12, 2012

      Mr or madame chou poule,

      ahben weh papa!! THEY JUST SAY ON WHAT GROUNDS THE CASE IS DISCONTINUED. When you have no knowledge of law and experience in a field that is very demanding, you are weighted as very incomprehensible. NOT ALL lawyers are power hungry and greedy, certainly not in this case! I raise the issue because lawyers have rules and code of ETHICS to follow. When a lawyer does not act within the walls of his codes of conduct and ethics, especially with his knowledge and level of experience in the said relative area, he CAN and MAY be punished, either a slap on the wrist or other punishments. You should know that when a lawyer acts, or take certain actions or measures on a particular issue, it is because of a particular reason within the law the and the codes that they must follow. WE ARE ALL TRYING TO LIVE AND BE ABLE TO FEED OURSELVES BREAD AND BUTTER and NO, that doesn’t give us the right to SET THE GUILTY FREE or PUNISH THE INNOCENT. However, if we want to maintain a level of interest within the area we work we must do it by following rules. The lawyer is acting in his area of knowledge. It is best that he decided to inform the prosecutor of the information because it would be very detrimental to the legal realm under the laws of Dominica as he have seen it. And by making such a move the DPP realized that, yup this is going to be an issue, so who do we blame? THE LAWYER? THE DPP? OR THE INVESTIGATOR? OR THE COMPANY FOR NOT HANDLING ITS SECURITY MEASURES PROPERLY? make a choice and chou poule! :lol:

  42. Deborah Peters
    December 12, 2012

    These are the type of investigators we boast of
    with their cases always going down the drain. Hopeless yet they all fighting each other for promotions. :lol:

    • Serving the Public!!
      December 12, 2012

      I agree – so true

  43. Too hard too long
    December 12, 2012

    hmmmmmmmmmm

  44. Grace
    December 12, 2012

    Is our justice system corrupt for real? I thought that everything upside down is just the norm..
    Senior counsels dirty , instru volere, the old speaker lawtaww, the ex president too drunk and concerned about his money, the AG thinking next trip to Dubai, Bloomquist thinking next maneuver , the ex priest thinking how to make up for the collection money. The police Allah doh even talk

    • Reader
      December 12, 2012

      And rather than overhauling the entire inept system, they figure the best thing to change is the name of the mountain. Good grief!!

      • Anonymous
        December 13, 2012

        LOL so true!

  45. Precious
    December 12, 2012

    You are blessed and highly favoured Frank. Continue to trust in God for he answers prayers.

  46. Lougaoo Mem
    December 12, 2012

    I’m asking a question. In this country, Why are
    there so many criminal proceedings fully compromised and corrupted, especially by the high powered corrupt attorneys supported by the government? Certainly, our country is doomed if nothing is done to change the course the judiciary is on. And ultimately, democracy will crumble because its main pillar is perverse. No wonder our beautiful Nature Isle is considered one of the most corrupt in the OECS.

  47. Really?
    December 12, 2012

    WTH Is This Crap……Even Teef Who Admit That They Teef….Get Off Scot-free? Ah Wah Really Ah Gwaan?

    • Voice from the North
      December 12, 2012

      Criminal offenders are escaping because the attorneys and police officers are have become more corrupt and are actually un-sitting them with their own brand of lawlessness.

    • langsal
      December 12, 2012

      you maybe de biggest tief

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