Judicial review granted in police officers’ matter

breaking newsA High Court judge has granted leave for judicial review in a matter involving the death of a Picard man in police custody.

All proceedings in the matter have been stayed.

The defense now have 14 days to file for the review.

Joshua Etienne was found dead in a cell at the Portsmouth police station after he was arrested for possession of ammunition.

Five police officers are facing charges in relation to his death, however the charges could not be read in court since their lawyers said they have applied for the judicial review.

Justice Errol Thomas handed down his decision on Tuesday.

More on this story later.

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72 Comments

  1. Mr. Deligent
    August 28, 2014

    Before this man got arrested by the Police, Did he had a fight with any of the relatives? Did he had a fight with anyone? What cause him to be in possession of ammunition? He was trying to protect himself from somebody then, the police caught up with him. So he could have got himself injured before the police arrested him. The relatives and sisters should help the police with their inquiries.The public is blaming the law for their wrong doings.If we behave ourselves and respect the Law the police will have more time with their families

  2. grell
    August 28, 2014

    Dominica has a serious price to pay and it is coming soon.all of you that are involved in this corruption the end is coming.Skerrit,Tony,Isidore am waiting judgement is near.

  3. BMB
    August 27, 2014

    I have read all the comments on this page/story. Besides the five officers accused, together with their legal council, Did ANY ONE of us expect a different outcome? My sympathies to the family but, alas…. “Sine Die” on this case oui..!

  4. Justice delayed is..
    August 27, 2014

    Remember Toton Macoutes in Haiti?

    Remember Mongoose Gang in Grenada?

    Remember death squads in Latin America?

    What have we learnt about Dictators and the role of the Force in their protection and defence? How do those operate in real life?

    What about the role of magistrates, Lawyers, judges, the court, where there is injustice in your face?

    Who shot Denny Shillingford? Why do some people want him dead? If dead case close. Plain and simple. The guy is scared to death about his impending death by thugs. Who are those thugs protecting, nuh?

    Dominicans ain’t see nothing yet. Remember what the guy was coming to do in Dominica? The same one with the ST. Kitts passport who was arrested in Barbados with gun and bullets in his possession? Wasn’t it the present President who claimed he was coming for his child in Dominica? Who didn’t answer the famous call from the culprit?

    How much more of those acts the Nature Isle can withstand?

  5. D/can in SXM
    August 27, 2014

    Inspector John Carbon, like many of us, knew the outcome but tried to give us Dominicans the assurance that “Justice will be served”. This is a dead man and a dead story.

    Heb. 9:27 gives consolation that there will be judgement for all.

  6. Mr. Deligent
    August 27, 2014

    After all this aggro,with all the mistakes made from the top you still comment because you don’t know better. keep away from internet cafe’ we can trace you anywhere in the world. justice is the truth,all made mistakes including the autopsy. The police arrested a criminal.” ARREST” The relatives should have guided him to respect the law

    • Observer
      August 27, 2014

      And so he, Joshua, because he was a common criminal had to die. It does not matter how. A gruesome death. Found dead whilst in police custody, blue and bruised, broken ribs, bleeding in the head etc etc. Where is your soul? He was a criminal, so his death ought to be simply written into the books.

      I am reminded of Michael Brown’s case in Ferguson, Missouri. The same day the police released the name of the killer cop, they also released a video of Michael in a shop lifting incident. For some because of that he had to be denied his constitutional rights – shoot him even if the incidents are different.

      Here in Dominica some people want us to beleive that the alleged murders have more rights than what Joshua Ettienne was entitled to simply because they are police officers. So they arrested the man, took him to the police cells and the next day he was found dead in the police cells. No question ought to be asked. According to some, the police acted OK and they should not be charged even if it means that they are entitled to defend themselves in the best way they know they can – certainly not with tax payers money, Police Welfare Association. Is that the change the majority of your members are clamouring for? I have said it before. I will be really surprised if the police men are available for their trial if it comes to that. What I see happening is that every opportunity is being created for the police to abscond justice by leaving Dominica. Let us not forget that it is the very same policemen/women who are manning our borders. And they are in total solidarity with their colleagues – minus the chief who has so far managed to stave off a revolt among the rank and file for his comments on the matter.

    • Truth
      August 27, 2014

      You are so right!

  7. heart of stone?
    August 27, 2014

    Is so Dominica come? people with heart of stone?

    After more than 20 plus Years since Johnrose Lindsay of Mahaut mysterious death, no justice for the family. Lindsay was arrested close to Carib cinema,and was in police custody.

    A group of people from Mahaut,, who were on a hike next day after the arrest and by coincidence, happened to see the body in a precipice before Tarreau.. Up to now, no one was charged,or faced the penalties for that heinous crime.

    Judicial Review? Forget it. Case close, oui? that’s what it means.

    Judicial Review for Mano vs. Isidore case re, 42 charges of fraud?

    Judicial Review again. IPO stopped, gaged, from questioning Skerro about his declaration of his assets. IPO has the right by Law to request an interview of any Public servant re. his/her declaration, to prove what is declared is TRUE. Awa. Nada. Judicial Review is their tactics to prevent the TRUTH and to block the course of justice.

    Case close in that one again. Judicial Review has no time frame. Family of the deceased prepare to wait, wait, waittttttttttt. Justice delayed is justice denied.

  8. love I
    August 27, 2014

    Where are the voices of the Prosecutors….I do not understand this…

  9. notevil
    August 27, 2014

    This is kind of funny…..or it? The state is the one doing the prosecution yet it may appeared that the state has ruled against the itself. People, don’t be fooled. The lead defence lawyer is RS’s personal lawyer so its all tied up. It has been said in the pass by a sitting judge, that “a judge will never rule against a sitting government”. The way it is in Dominicanow is that the govt is really one man and that’s RS. So if you rule against RS’s lawyer then you have ruled against RS,, hence against the government. When will it end.

  10. Morihei Ueshiba
    August 27, 2014

    The police officers, who had been detained in connection with an investigation into the death of Joshua Ettiene, 48, of Portsmouth, are now free to return to their homes until the outcome of the September 24 hearing. :cry: :cry: :cry:
    Lennox Lawrence, Zena Moore Dyer, Geoffrey Letang and Dawn Yearwood-Stuart, 8-O

  11. tatiana
    August 27, 2014

    so Danny Lugay spoke and skerrit got the police to arrest and charge him but 5 police officers, not 1 but five and skerrit is yet to make a public outcry statement like he did for danny to get justice for Joshua ettienne and his family

    isn’t he protective again for the citizen of Dominica or his policemen can just go on killing his citizen he said he so cared for and don’t worry about this

  12. Satelite
    August 27, 2014

    Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

    In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

    It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.

    This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.

    If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.

  13. by the school
    August 27, 2014

    If one has to take the Isidore Judicial Review, where is this leading? Is Judicial Review in selective cases the willingness of lawyers to use a perfectly sound judicial tool to non judicial ends? Eying the Isidore matter, is Judicial Review in this matter becoming a “fruit from the tainted tree?”

  14. Preacher
    August 27, 2014

    I do not understand this at all
    The man was found dead in his cell somebody kill him
    If it was an ordinary person they would be charge the same day
    Let the law be for all

  15. Jail-corrupt-leaders
    August 27, 2014

    The police officers, who had been detained in connection with an investigation into the death of Joshua Ettiene, 48, of Portsmouth, are now free to return to their homes until the outcome of the September 24 hearing.
    This is the worse I have ever seen in Dominica. One day you laybarites who love your pm, will get worse than Joshua and Gon Emmanuel.

  16. dominican
    August 27, 2014

    peace

  17. vex
    August 26, 2014

    When a civilian take a police life in retaliation for police brutality, then and only then will this lawlessness will cease. If people continue to do nothing, the courts and the police will prevail. Who will be the one to say enough is enough?

  18. rastafari
    August 26, 2014

    Nalda you’re right No weapon formed against Gods children will prosper but you must understand that the God of Abraham and Jacob is the same God who seats on the throne and even if justice is not given on earth they’ll have to answer to a higher authority. Carry on God is not pleased and vengeance is his carry on

  19. Dominique
    August 26, 2014

    I was not there, but something terribly went wrong. I feel for the family of this human being. Even though he was caught with ammos, drugs etc, there is no reason to beat the man to death. They took matters in their own hands and look the result and he and his family have no justice. They might get away on this corrupt world, but time will tell, God said revenge is mine, I well repay.

    Basic common sense will tell a 5 year old that something is very fishy. I know lawyers are there to defend their clients, but all I know is “NO JUSTICE, NO PEACE. This is a sad, sad situation. These police officers, do they have children, parents, how do they sleep at night, knowing that something did go terribly wrong with when this man was in custody. Time will tell, even they go free on this matter, one day they have to answer to a high Judge. FAMILY OF THE VICTIM, KEEP HOPE ALIVE.

  20. ravine
    August 26, 2014

    magwe sa eh… the judicial system hijacked by elite lawyers. .. the CCJ is for the elite and powerfull not for us.

  21. Me DAba WoyWoyWoy
    August 26, 2014

    As long as this Skerrit version of the DLP remains in power there will be NO justice. If we want justice we MUST get rid of that accursed thing called DLP.

  22. Jejep
    August 26, 2014
  23. Anonymous
    August 26, 2014

    Each and every lawyer I spoke with this afternoon, is asking “what decision did the magistrate make, since the charge was not read to the accused, there was nothing to decide on, if there was no charge to adjudicate and make a decision on, what is their going to be judicial review of.
    In my opinion the charges might as well be dropped, since the trial has been seriously compromised and the accused officers will definitely go Scott free based on legal technicalities.

  24. Jail-corrupt-leaders
    August 26, 2014

    You might as well kiss Ettiene case goodbye, it will be a cold day in hell when you get justice against the system.

    • anonymous2
      August 27, 2014

      You got that right.

  25. tatiana
    August 26, 2014

    Boy oh boy, this is crucial and sad for the family. physical abuse that led to death whilst in police custody (but that’s not all – they were trying to do away with the body when someone saw them and so they had no choice but to let the process of declaring someone dead go through)

    this tactic is giving the lawyers more time to prevent the officers from being remanded and guess what, when time for the case they gonna say, they don’t have the evidence – something is missing

    I feel for the family and I hope they are strong but guess what again – WHERE IS POLICE COMMISSIONER CARBON when he at first described the death of the Picard man in police custody as a “very serious incident” and “a homicide,” noting that justice will be swift for those who are allegedly involved.” he further went on to say I can assure the general public that there is going to be no cover up, the investigation is going to very transparent…” “The investigation is well advanced and I have no doubt the officers, who the investigations have identified as the perpetrators of this crime, will face justice.

    Why the SILENCE!!!

    Vengeance is mine saith the Lord…. I will repay….

  26. Nalda
    August 26, 2014

    Thank you father……………………… I know our redeemer lives.
    No weapon formed against your children shall prosper!

    • Lang Mama
      August 27, 2014

      I guess the weapon used to sazinais Jashua Ettienne while in the cell shall prosper

    • john paul
      August 27, 2014

      This comment is nonsensical!What exactly are you saying?The untimely death of this Young man was a weapon formed against who? Nonsense!

  27. Papa Dom
    August 26, 2014

    CCJ in action for allu. An abuse of process if ever I saw one. In Britain the case cited would never have happened on the first place. The judge would rule against it, if for anything on the floodgates principle.

    • Anonymous
      August 27, 2014

      You know nothing about Britain so stop talking.

      • Papa Dom
        August 27, 2014

        But my nothing is 100% more than u know because you are unable to show where what I said is incorrect.

  28. Cops @Robbers
    August 26, 2014

    The foolish laws need to be ammended repealed and replaced or everyone will seek judicial review. We are still operating unders laws that were written when donkey was the only mode of transport.

    • anonymous2
      August 27, 2014

      When people choose to participate in mass, and use their heads, only then will things have a possibility of changing for the better. DA is under English Common law. Change it.

    • Anonymous
      August 27, 2014

      you mean British Law.

  29. Anonymous
    August 26, 2014

    Is this how they intend to do justice. Boy boy boy it hurts it really does. That is why people say things which are not suppose to be said. That justice system in Dominica is really bias

    • Anonymous
      August 27, 2014

      It is called due process it happens in every civilized and democratic countries.

  30. Mr. Deligent
    August 26, 2014

    OH ! I just love a good argument. God create man and man made machines . who do trust? If you all were eye witnesses go to Police headquarters and give your statements. I am pleased to see the big boys doing some work for a change instead of hiding behind great walls and earn big money. To the victim may the lord have mercy on his soul and may he rest in peace.

    • The Sun
      August 27, 2014

      I guess you and your boys feel invincible huh?

  31. Blood on Their Hands
    August 26, 2014

    So who kill the man? Somebody has to pay….SMH!

  32. ?
    August 26, 2014

    De average local Dominican citizen must now be scared.
    This judicial view and the way this case is flowing will be the deciding factor for my vote.
    From what I see thus far my trust and benefit of doubt is definitely not with the current labor party government…… the DLP has done this before and I am still waiting to see the end of the tunnel………de cases still in court……to my mind the government has no interest in Justice

    Right now you all making a serious case against the best interest of the ones that are dear to me

    • Max
      August 26, 2014

      Sorry PM you just lost the whole of the Portsmouth constituency. Whose fault, yours. Judicial review my foot. A man is dead, somebody has to say what happen. This case is the deciding factor for this next election. Dominicans eyes open right now and the power is in our hands. We cannot continue like this in Dominica, we need to maintain law and order in DA, we need to uphold righteousness in this land or else we sink!

  33. Anonymous
    August 26, 2014

    Not a law student but doing my search on JR here is something interesting.Judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. Question (1) was evidence contaminated to allow the defense to consider and argue that the right procedure has not been followed, (2) Did the Chief of Police breach protocol when he announced that a homicide has been committed, and as such
    the right procedure has not been followed, (3) Was the presence of TB at the Coroner’s examination a breach of established law, (4) was the detainment of the 5 officers unlawful!!!!

    • Peeping Tom
      August 26, 2014

      TB, himself, is contaminating the case with his histrionics. Dat man just need a big dose of the chillax pill! He is forever running his mouth and fomenting problems when he should actually be holding the peace and strategizing. What a ninny!

    • anonymous
      August 27, 2014

      they might get away with it because the rules were not followed…when it comes to things of this nature matters of the ‘heart’ wont stand …follow the rules and justice will be served

    • Truth
      August 27, 2014

      you are so right. these questions need to be asked and I am pretty sure that the defense has a case. They were too quick to rush the investigation. There have been a lot of flaws which will only hurt the prosecution

      • politbureau
        August 27, 2014

        quite right. Always felt that the commissioner for e.g had no business to rushing, pandering to the media .,saying justice will be swift.this does not depend on him.

    • The Saint
      August 27, 2014

      Anonymous, Is that a new legal concept? or your limited understanding of the role and responsibility of the Judge?
      Go back to your research, and this time drink deep or taste not the spring of knowledge. Judges are to interpret the law and apply it. There thoughts on the law is irrelevant. their only connection with thinking in that regard is what the framers of the laws intended. The framers of the law in this case is the legislature, and so in interpreting and applying the law the intent and purpose of the law is very relevant, not what the judge thinks.

  34. vieille case
    August 26, 2014

    better watch out now the pressure is rasing

  35. labar dabar
    August 26, 2014

    judicial review means do back time

  36. Anonymous
    August 26, 2014

    One man dies in police custody. Five officers are alleged to be involved. The five through their lawyers apply for judicial review of the decision and aiming at having it set aside (quashed) and possibly obtaining damages…. from the State!!!! Its making cents from nonsense..

    • anonymous
      August 27, 2014

      nonsense yes but i reiterate rules are rules….follow the rules!

  37. Chupes...
    August 26, 2014

    The only way that justice can prevail in Dominica is by voting out that corrupt government and its cronnies..They are now fully in control of the judiciary …

    • Anonymous
      August 27, 2014

      Are you implying that if your party gets in power you all will not follow the rule of law. Get it in your head that sometimes things are not what they seem so the rules of law must be followed.

    • August 27, 2014

      Wow, Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity.

  38. Watcher
    August 26, 2014

    Beff la largay for the police. Now the know they can batter people, kill people and just take advantage of people as hey wish in the full knowledge that they have a privileged position. They know now that they can go to the High for judicial review of any case involving a complaint of police brutality. So my people let us brace ourselves for the future. This case is lost. Sorry for the Joshua Ettienne. He seemingly had no rights. He is being treated like a dog with no master – by whom? The very system we thought was designed to protect the vulnerable. Those lawyers there eh! I suppose they or family members will never pass through the hands of police like Joshua did. This decision must be worst for the family than even the news of Joshua’s death.

    Guess what! I will be very surprised if all of the suspects in Joshua’s murder are present if the matter is cleared for trial. When? Judging from the slow pace of matters before the court, we would be happy for a judicial review under 10 years time.

  39. AA
    August 26, 2014

    The legal system is setting up the place for vigilante justice. Now people will not wit to go to court they will take the law into their own hands, they will not wait to be arrested but will fight law enforcement because when they get arrested dead they gone dead.

  40. August 26, 2014

    It is quite funny that what ever murder cases which occured in the past in my dominica ,there was never a judicial revue…is the gov’t trying to do a cocomakak with this case.? Every one of us in dominica and overseas are looking forward for the following script because it looks like it’s the first real murder film in dominica …

  41. Anonymous 2
    August 26, 2014

    This is so wrong. Lets see if Dominicans in their right senses stand for this level of B.S

  42. watchdog
    August 26, 2014

    Folks read for yourselves what this means!! smh……… Let the chips fall where they may now.

    Judicial review in English law

    From Wikipedia, the free encyclopedia

    Judicial review is a procedure in English administrative law by which the courts in England and Wales supervise the exercise of public power on the application of an individual. A person who feels that an exercise of such power by a government authority, such as a minister, the local council or a statutory tribunal, is unlawful, perhaps because it has violated his or her rights, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision and have it set aside (quashed) and possibly obtain damages. A court may also make mandatory orders or injunctions to compel the authority to do its duty or to stop it from acting illegally.

    Unlike the United States and some other jurisdictions, the English doctrine of parliamentary sovereignty means that the law does not allow judicial review of primary legislation (laws passed by the Parliament of the United Kingdom), except in a few cases where primary legislation is contrary to the law of the European Union. A person wronged by an Act of Parliament therefore cannot apply for judicial review except in these cases.

    • Aimless
      August 26, 2014

      Guess there are several types of Judicial Review, because this definition does not fit the occasion. This definition would more apply to the family of the dead man seeking a Judicial Review.

      • RIGHTTHERE
        August 26, 2014

        This definition really apply to the family of this man who’s life was lost for no apparent reason somebody have to pay he wasn’t an animal. Keep lighting your candles

    • Truth
      August 27, 2014

      Wikipedia is not a reliable source. I am sure if you attended a credible university, your professor would have mentioned you should not cite wikepedia and its not a reliable source.

  43. Jejep
    August 26, 2014

    Hmmm. Based on the Case law from Grenada?

  44. Forever Amber
    August 26, 2014

    Here we go again. Political influence, no doubt.

    • POSSIE
      August 26, 2014

      you full of ish…. why do people like you even bother coming on DNO?

  45. Anonymous
    August 26, 2014

    every murder case should apply for judicial review- the bottom line is that the man died while in police custody. The autopsy confirmed that the man died from physical abuse (not sure details). The most logical next step is to charge the custodians and those responsible. The charge should have been read to they- its not a verdict at this stage. Judicial review, for what?. I LAW becuz it is not a science and will never be.

  46. Anonymous
    August 26, 2014

    So what does that mean in English? So the guys will stay in prison and not be charged? “…charges could not be read in court since their lawyers said they have applied for the judicial review.” To me with no legal brains that makes no sense, but I’m sure it does to their lawyers.

    • Anonymous
      August 26, 2014

      U are so cool

    • anonymous2
      August 27, 2014

      They won’t be charged and they won’t stay in prison. Don’t you see the pattern yet.

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