Director of Public Prosecutions (DPP), Gene Pestaina, believes the introduction of the National Prosecution Services (NPS), in Dominica, is a commendable move.
The NPS allows police officers who are not trained lawyers to be prosecutors in court, under the guidance of the DPP.
Pestaina believes the move will allow skilled and bright police officers to enter the legal profession and further assist the police force.
“We train staff at the DPP’s office and some go into private practice, but we have had good things done here,” he said. “In a group, they (the police officers) are able to stand up against trained counsel. We are encouraging bright young men to get into that and they can stand up and respond to submissions made by counsel,” he pointed out.
Pestaina, a former police officer himself, was the first police officer to be called to the bar. He has been the DPP in Dominica now for a number of years and will soon be demitting office.
His tenure in that post has not been “smooth sailing”, because he has been met with harsh criticism from some members of the public who are not pleased when he discontinues certain matters.
“The officer of the DPP is an independent post and is guided by the constitution. Also, the DPP (according to law) is not obligated to give reason (s) for discontinuance of any matter,” Pestaina explained.
The office of the DPP has also been met with many constraints among them being lack of staff, proper security and reading literature.
He told DNO that his office has had to deal with matters which were against the Magistrate Code of Procedures Act. “We had the advent of a new magistrate on the block who just didn’t not seem to want to follow the Magistrate’s Code of Procedure Act living us with lots of work and having to concede at the Court of Appeal,” he said.
“I need a break now but I am available to assist in whatever way possible,” he said smiling.
Only in Dominica….
Thanks for your long service MR DPP” you represented well, as you rightly said, sometimes wit great restrained but you hung “IN” and took some licks for your straight talk to the dislike of some. Gods speed going forward to you and your family. I hope the people in power take your advise, and replace you with another well trained and highly qualified,former police officer serving as a lawyer we have them all over the World. Those of us who have served and continuing to serve dispite the odds,and sometimes shakeing the status Co,lets bring them back and mix things at all times. Did i hear someone say, “Bring back Behanzin?
Good as the idea may seem to a lot of people, a prosecutor’s job belongs to a trained lawyer, how can someone fresh out of high school, or for that matter elementary, join the force has no background in criminology become a prosecutor?
That is why we have so many criminals going into court and walk out without paying for their crimes against society! Reading a legal manual and trying to follow it to prosecute a criminal is a joke.
This practice derives from the colonial days, when a black person was not allowed to advance higher than the rank of sergeant, thus there was always a white inspector, of which his major task was to prosecute black people.
Time has changed, therefore this old practice must be changed also.
Right now we have so called trained lawyers in Dominica who does not even know how to prepare a case for filing in the court, if that is so difficult for them; how simply is it for someone with a high school or elementary school education to do lawyers job!
I detest that idea!
Francisco Etienne-Dods Telemaque
Idiot. There are seasoned officers who know and understand the law way better than many of the young lawyers who just graduated from law school. These officers perform their tasks as police prosecutors quite profoundly and dutifully, as they are quick to identify mistakes and correct them before the defense catches wind of those mistakes. If only prosecutors performed their tasks as diligently, we would see more successful prosecutions.
with teachers like you we expect nothing better
Francisco,
Its time you start talking with your mouth and then you will make some sense. You have been using your other orifice.
I think if police officers are allowed to prosecute cases we wont need attorneys.
So wait, all of a sudden NPS comes into light ???
No explanation as to how this going to affect individuals who end up in court???
New York
Please note;
Moise was NOT a Lawyer…read the story, Moise was a retired police officer and a ‘lay magistrate. Pestaina was the first police officer to complete law school. Get the facts first before commenting “NEW YORK.”
With due respect some of his decisions sucks.
DNO Moise the Magistrate was a police officer .So pestina wasnt first. Just a correction
The first to be called to the BAR!!! You Idiot. Moise was never called to the Bar, that is because he was never a Lawyer.
Pestaina was the first police officer “CALLED TO THE BAR”. Former police office Moise who became a very prominenet magistrate was not a member of the bar.he was a “Lay magistrate” just like Doctrove and Evander Joseph.
This is not a correction. Read the article ,” it says called to the bar”. Moise was never called to the bar, he was not a lawyer
I am certain that Asquith Riviere was called to the Bar before Mr. Pestaina. Riviere is now a Magistrare in Tortola
“We had the advent of a new magistrate on the block who just didn’t not seem to want to follow the Magistrate’s Code of Procedure Act living us with lots of work and having to concede at the Court of Appeal,” he said.
Is he referring to Behanzin?
I guess so !
Who else could it be? mickey Bruney has been fucntioning as a magistrate and you never heard any of those controversies or 90% of his judgements overturned on asppeal to the Appeals Court.
” didn’t not seem to want to follow the Magistrate’s Code of Procedure Act living us with lots of work and having to concede at the Court of Appeal,” he said.”(Me again).
Am I misunderstand something in the quote above?
Am I to assume that you work within the court system of our country? If you are I would expect you of all of us to communicate much better by using the English language more effectively!
How can you say ” did not not”. ” didn’t not” is absolutely did not not! ”
I also wonder if you meant to say to follow the magistrates’ code of conduct act of procedures leaving us with lots of work. (You wrote living).
“Living indicates the place where one resides, the place you go home to after work, and go to bed, to sleep.”
The most puzzling to me is the word concede in your argument.
I am not a lawyer by profession; however I am sure the word concede in a matter relating to something in a court of law means “to grant as a right or privilege, or to accept as true, valid or accurate.” If there are people such as you employed in our court system, one does not have to wonder why Dominica exists in such a state.
Your English is very poor in this case actually; If you were in a hurry and made a couple of typing errors, I could understand, nevertheless, if you intended to say leaving, and wrote living, that speaks volumes; anyway I will give you the benefit of the doubt for the moment!
Remember Dominicans are not the only people reading the crap we write on DNO.
Francisco Etienne-Dods Telemaque
Francisco, I hope you realized the quote you criticize comes directly from the DNO article.
The idiot