Chartered accountant Kieron Pynard-Byrne has instructed Senior Counsel Tony Astaphan to take a matter involving journalist Lennox Linton to the Privy Council.
In a brief press release on Wednesday Pinard-Byrne said his decision was based on, among other things, Canon Law 220 which states, “No one may unlawfully harm the good reputation which a person enjoys or violate the right to protect his or her privacy”.
“Guided by this infallible doctrine and based upon legal advice; and with the conviction that the enjoyment of a qualified privilege ‘walk-away’ by Mr. Linton is simply wrong in law and a death knell for an honourable journalistic profession in Dominica; I have instructed Senior Counsel, Tony Astaphan, to appeal the Eastern Caribbean appeal Court decision to the Privy Council,” he said.
On Monday the Eastern Caribbean Supreme Court of Appeal over turned a High Court decision which ruled that journalist Linton had libeled Pinard-Byrne. The court said, in its ruling, the decision was based on qualified privilege.
On Tuesday Astaphan gave indications that taking the matter to the Privy Council was being considered since, according to him, the ruling had narrowed the issue of qualified privilege ‘much too much.’
Qualified privilege gives the press some levels of immunity from defamation charges for statements made in good faith, unless it can be proven it was done with malice.
Now with the green light to go to the Privy Council, Astaphan said, based on his experience, the ruling by the court of appeal was contradictory and would create a license for mischief making and misinformation and would not set a good precedent. “It should not be allowed to stand,” he said. “I welcome Mr. Pinard-Byrne’s decision to appeal the matter to the Privy Council.”
He argued that he thinks that going to the Privy Council is in “the public interest and to ensure that the proper boundary lines are drawn between honest journalism and irresponsible use of the media and what is required to constitute a proper defense…”
Every body have there friends ok …
GOOD FOR LINTON..
I can’t imagine another place where foreigners would engage in such an out right scam and the natives who are on the losing end are rejoicing and egging his arse on. Dominicans are priceless in a cheap way when it comes to political ignorance. Layou is still an eye sore and a crew of foreigners known and unknown are bouncing around living it up. So we come?
Is not today I looking for words to say it like that nah. Well said Tri, well said
This appeal to the Privy Council has more to do with Tony Astaphan than Kieron Pinard Byrne. Tony hates that he has lost to Lennox Linton. He does not want Lennox to have one over him. This man (Tony) will seek to do everything in his power to destroy those he considers ”enemies”.
Lennox, I pray that God will grant you the wisdom ,strength and courage to continue the fight.
You have been fighting hard for justice in this country but not many people can see that.
I pray the blessing and peace of God upon your life and family.
Jesus went through much more.
Anyone who fights for justice must be prepared to go thru rough,challenging times. Be strong my brother.
we shall see
The G.O.N Emmanuel fire bombing and the 42 charges
is also in the public’s interest and will seek to ensure that the proper boundary/lines are drawn between honest legal practice and irresponsible use of power, privilege, influence and what is required to constitute professional conduct and integrity.
“Guided by this infallible doctrine and based upon legal advice; and with the conviction that the enjoyment of a qualified privilege ‘walk-away’ by Mr. Linton is simply wrong in law and a death knell for an honourable journalistic profession in Dominica; I have instructed Senior Counsel, Tony Astaphan, to appeal the Eastern Caribbean appeal Court decision to the Privy Council,” he said.
This is certainly not california no Prop 8. Neither is any previlage or doctrine infallible.
Note countless ej in history.
Are you a damn parrot? All you do is repeat what has already been written and make no point whatsoever. Grow up!
you apparently dumb you must look out a little more to catch the drift lol what a mono-homosapien.On looker you must be drinking what you rub with.How you fool fool so?
you need a degree in psychology to get the point . lol
Mr. Astaphan yet again will take this thing on WIN, LOOSE OR DRAW for two reasons!!! One, because it is against Lennox and he, Tony is not capable of loosing, putting his tail between his legs and shutting up when the opponent is Lennox Linton. So he will try whatever is possible to get a result! The other reason of course people is MONEY!!!!! Mr. Astaphan will have to be paid yet again to represent at the Privy Council so he has everything to gain!!!! I just hope that the Privy Council puts him in the correct size shoes……cut him down to size because Mr. Astaphan has been walking in the wrong sized shoes for too long now!! Go on to the PC…….hope they request all the evidence and make it clear where they stand on this one with no preferences!!!!!Good luck Lennox…..we thank you again for standing up for your and our homeland!!! God’s speed!!!!!
Tony, your days are numbered. If you are the one standing in the way of justice in Dominica, if you are the one encouraging corruption in Dominica,you need to stop or else you will soon be cut off. take this as a Prophetic word.
I don’t really can comprehend some of you!Lennox applealed his case,why do some of you find it that the other guy can’t appeal his case too?!All you not easy.
It would appear that his brief was prepared by Monsignor Thomas. He is often touted as the local expert on canon after he read Canon Law in Rome during the late 80’s
No matter what is the outcome of this case, at the end it will prove that their is no need for the CCJ.
The irishman is hoping that the englishmen will give his a bye over linton, basaed on race and prejudice.
is privy council the blues love they now afraid of it
is oecs supreme court the blues hated now they love it
double standards
So allu in panic now après bondieu….
cheupsssss
so all u hate CCJ and now allu going to hate privy counsel I wander which court allu will want continue to shift goal post
ONE FING EYE KNO IS DAT MORE APPEAL IS GOING TO BE MADE TO THE APPEAL FUND so d economy bad but the dollars will flow I wonder where all dat money comin from in dat bad economy lol allu too good in Da
Joan of Arc got burned on a stake because she was accused of being a witch. Bhutto the woman from Pakistan was assassinated for political reasons.Mr Linton what u expect? Insurance companies have no coverage for these things..So its your choice to put yourself up to that.And besides every thing you do is partisan de average Dominican is only concern about their salary and the Jerry Springer talks.
I am calling on all Dominicans who love justice to pray for Lennox. he could have left and gone to greener pastures like many have done but he choose to stay to fight for our country. Let us joinf our hearts and pray for our brother. The power of prayer is much greater than any any court of law.
I speak and decree a dismissal of this matter in the Most Holy name of The Almighty God, Amen.
Well Tony knows the good use of the Privy Council, he is taking the matter to them, because it is in the “the public interest and to endure that the proper boundary lines are drawn between honest journalism and irresponsible use of the media.
Where do we the people go to find the proper boundary lines for an attorney whose interest is by any means necessary for him only.
This is so hypocritical of this man, to be using these words; “proper boundary and public interest”. For all he has ever shown is disrespect of boundary and disrespect the public interest. So who does he think he is fooling by using these words now? Go to the Privy Council, to bring it on, the world is watching.
I advise everyone to google Canaon law, which is law founded in ancient times and modified over the years, it is a church law not a law for this event, odd thing it is to attempt to rely on this.
Canon law is based on theology and to understand Canaon law you first have to undertsand the theology, which Astaphan is uncapable of as are most people, only the Pope truly understands this and as the Archbishops in the Church Of England who call it a synod do,
basically is is a set of tenets or beliefs of how a represntative of the church ie a Priest, Bishop, Paster, Minister, Monk or Nun should act, and it is so intered with theology you need a separate degree in theology to make head or tail of it,
One of the questions put should they be daft enough to go for this extraordinary route will be the obvious, Where were you ordained and the bar Couincil is not the right answer.
I don’t believe that the basis for the appeal is canon law. KPB said “Guided by this infallible doctrine” which I interpret to mean that he is a beliver in that doctrine. Now here is what the doctrine, canon 220 says “No one is permitted to damage unlawfully the good reputation of another person enjoys nor to violate the right of another person to protect his or her own privacy”.
In explaining this law the church has issued the following “The canon prohibits unlawfully damaging a good reputation that a person may enjoy. Such a reputation may be lawfully damaged if there is a cause, for the reputation may be false. Yet, just because a reputation is not warranted is not sufficient to damage it; criminal action or other grave sin, admonition by Church authorities, and obstinacy in the wrongful activity would be required for someone to intervene actively with the purpose of damaging another’s reputation (cc. 1341; 1717, §2).
Further comentary on the law/code says the following:A good reputation need not be based on fact in order to be enjoyed. The way I see it is that KPB is saying it doesn’t matter what I may or may not have done,my reputation should remain intact. Furthermore, who is Lennox Linton a BLACK boy from marigot, to damage my reputation? This follows nicely with the principle of no law no constitution. It’s just a pity the transcript of the BVI case cannot be placed before the privy council.
“The man is now building his case on cannon law? He must be really intoxcated! He is going to the Privy Council on ecclesiastic law?”(Frank Talker)
This is one of the reasons the people who write on DNO are unable to use their names, all because of foolishness as we read in the quote above. Let me say here our law system in Dominica is the Common Law System: I go into the British Magna Carta to explain that however, the mind of some people might be to shallow to understand what I would have conveyed.
Nevertheless, I will simply define Common Law in a way that even a kindergarten student can understand.
Note: Common Law is the body of law developed in England primarily from judicial decisions based on custom, and precedent, unwritten in statute, or code, and constituting the basis of the English legal system, and of the system in all of the United States; except Louisiana.
All of the Caribbean islands including Dominica has inherited the Common Law system, we retain it when we attained our independence, any precedent Tony may use to submit his case to the privy council in London, that precedence is already based on common law.
Basically all of the Commonwealth nations of the world utilizes the common law system!
Now this rubbish about ecclesiastic law I do not know what is that!
Francisco Etienne-Dods Telemaque
You are right on the Common Law argument but Pinard-Byrne actually quoted Canon Law not Common Law as said in the DNO story, and Canon Law is ecclesiastical law.
Well, in that case he is talking about some religious law which may be found among the Muslims world; and is religion based.
I hope there is no confusion with the word Ecclesiastes as found in the King James version of the Bible. In any event unless he made an error; instead of saying Common Law, he may have said canon law, if this be the case he has made a darn fool of himself because canon law is simply codified law governing a church, i.e. as the Roman Catholic Church.
If he is Roman Catholic, someone need to tell him his pope, and cardinals has no jurisdiction over the courts of Dominica, nor the Caribbean for that matter therefore their law does not apply, and is irrelevant to his case.
Francisco Etienne-Dods Telemaque
Why is Senior counsel Tony Astaphan always the Attorney hired to do everything that is against the best interest of Dominica? I mean why does he not fight for the best interest of Dominica? I know he is paid to do a job and he only cares about his money but I just find it real strange that a person that is a Dominican and claims to love Dominica is always using his legal knowledge to fight against the well being of Dominica.
This is a remarkable observation. It shows you the type of country we are living in.
Well said I wish a lot more Dominicans could just ask themselves that very same question. Why any case against Dominica Astaphan is in there defending but hey no no Lennox don’t love Dominica Mr Astaphan do. Please people wake up and think for yourself.
Well said
Wait a minute an appeal took ELEVEN YEARS in the court system. Can someone explain to me why is that so. A guy like Tony for example changes hs position on a daily basis will not even remember his argument
Well, I tried to stay out of this for as long as I could without elaborating on the matter, however at this time I will say the same as I knew and predicted Petter, and Skerrit would prevail in their case, I am predicting here and now that Lennox, is going to prevail over Kieron!
Sometimes people must know when it is time to bow out gracefully, take their whipping like a man and move on with their life. The ruling of the appeal court is sound, and even if Kieron hope of getting the hundreds of thousand of dollars he hope to get from Lennox no longer is in reality, he should count this day lost, and move on.
Right now he is acting with malice against Lennox, to me that is a personal vendetta! You are no longer seeking justice, are out to hurt Lennox, that is very bad; Justice has already been served. If I was Lennox I would file a case against you for harassment, and wrongfully prosecution with malice.
Sometimes in this life we need to fight fire with fire, and I would fight you with fire even unto my death; you all take your political nonsense just a little too far, people work for money, and should not try to take advantage of the court to get rich at the expense of the vulnerable!
The money you are about to spend on privy council will only be wasted. You people are so accustom of the kangaroo courts in Dominica handing down political judgments in your favor that when a half-way decent court renders judgments that are based on law, and the interpretation of law, you cry like babies, and want to run to the privy council in London.
Ironically that is the same Court system that some Dominicans want Dominica to break from.
Well, the Privy Council, is always fair, there utilize Common Law to the fullest, and basically according to the ruling just handed down in the Lennox Linton issue, though I an not a justice major, based on what I read in the ruling, I feel safe that the judgment will not be set aside, nor overturned!
Francisco Etienne-Dods Telemaque
Francesco, if you wren’t so infuriatingly arrogant you might actually be bearable!
jackass let my boy Francisco alone and yu do like a kangaroo,
Malgraysa again you in all sauce garcon.
Give San Francisco a break.
So was ur buddy Jaime.
Small minded individual, if you don’t know you should say nothing. Funny how everyone tries to condon what Linton does. What he did in this MATTER WAS DEFAMATION of ones character and professionalism. You sound like your the one with vendetta! He won at the hight court and linton won in the supreme court with a technicality (WRONG) and Tony will give him what is coming at the Privy Council
What a pity! Did you have sight of the ECSC opinion of the conduct of the trial judge? Are you familia with the material which is deemed to be injurious of KPB’ s reputation and the facts of the issue which gave rise to Lennox’s article. Just like in skerritt’s case, the man has refused to provide any answers to the people of Dominica and is hiding behind a “bring de evidence” veil. I would really like someone to explain to me how, a lawyer defends a client against accusations which he, that same lawyer successfully made against the client in a court of law. Was it because he knows that he cannot be sued when he makes the accusations in court, so is reckless about the truth or that he believes them to be true but will seek to destroy another for the sake of maintaining his position no matter what?
I feel very sorry for people like you and the one who claims I am arrogant!
If you believe I am arrogant, maybe I am, and that is because I can see beyond the politics of the day, and I am certain of what I said.
I do not act on mere emotions, I act off facts, and reasoning!
Lennox did not win on any technicality, nor did the court do him a favor as you claim; the supreme court reversed the judgment rendered in Dominica based on a point of law, of an already set precedent, and going to the privy council in London is not going to change the Supreme Courts verdict!
Pinard in his sorry self is now seeking vengeance, he will not get a vengeance verdict from the privy council, that is not how they operate at that level of the court system.
In the first place Pinard cannot present any more argument in London, all Tony can do at this time is submit the judgment to the Privy Council for a review, they may not even consider the case for a review, this is a simply case, and the handed down by Supreme Court verdict is sound, and if considered by the Privy Council for review the verdict will be up-held!
Francisco Etienne-Dods Telemaque
The man is now building his case on cannon law? He must be really intoxcated! He is going to the Privy Council on ecclesiastic law?
Is not cannon law: It is common Law.
Hhahahahahahahahahahaha!
FET.
Cannon law 220? Boy, I’m laughing my head off. They’d be better off praying to St. Anthony! (you know, the one of lost causes). Eh, eh I reckon that might just be a strategy to give Mr. time to put all his assets in the name of third persons, to make himself legally pennyless so Lennox can not receive any award or compensation. Watch this space.
I am certain the man say common law and not canon law.
DNO check that
ADMIN: Maybe it was his mistake but we publish whatever was sent us.
Ask Pope Francis what CANNON LAW is..
I do not think it is a mistake. Actually Canon 220 states, “No one may unlawfully harm the good reputation which a person enjoys, or violate the right of every person to protect his or her privacy”.
This is not a mistake. Cannon Law 220 does indeed address this very issue. But seriously, I can not see the Judicial Committee of the Privy Councillors
trying an appeal on this basis.
Well Lennox all I will tell you is that Whiteman will be for Whiteman.
Skerrit better call d election and have nomination day when he know you land in England and let all of us hear you in a Britts accent blue vexxxxxxxxx
Elass I would wii you.
what a pity you have sense alas
All you so call big wigs run to the Privy Council and then try convincing the small folks “It’s time we make the CCJ our final court” bunch of two facededness (if that’s a word, I don’t know and really don’t care) Stay there with you all biases ,winning is for some too.The Lords waiting for all you.
Going to the privy council is in the interest of a few not the public at all. What is in the public interest is the probing of the corruption that went down. If anything the director of prosecution should be investigating this matter of fraud. This is what the public should be interested in. Someone aught to ask Tony what has he done for the Dominican public other than to serve his personnel interest.
Well, Lennox shouldn’t be concerned because that is where “true” justice is disseminated, not the CCJ…
I get ya!
How is that comment related to mine. Is that how you discuss issues? Based on emotions? Once again Lennox win or looses what happened to the $130 million that was stolen. Can you or the parasite Peping Tom answer the question intelligently.
I don’t care about what privy council does or the OECS judges. You know just like the garbage bin, Villas and fertilizer bobol
Cannon Law 220 Kieron i thought we practicing common law in the Queens court, u think you in Rome man.
McIntyre from de valley giving you bad advice.
U will lose in the privy council, we need to send the dual citizenship case to the privy council as our courts have failed us with an illegal pm.
A few more years of your life gonna be wasted in court….what have you gained from it linton boy????
Alas
What is it is it because a little man from M’got stick it to you and your corrupt group of friends you believed that the Courts was for only the high and mighty well it was time that things begin to change for Dominica and it’s nationals we need people who wasn’t afraid to stand up for the Island and if they have to put their career on the line so be it we will stand with them .
In case you dont believe we have a GOD that sees all things and knows all things and whenever he answer prayers he comes out swinging if you and your corrupt friends believe you will win go ahead unless Tony have everyone on the Privy in his back pocket that’s how you all play the games but Truth and Justice is not on sale .
Tony/Kieron Pynard Byrne and even IPO we are not part of Rome the last time I checked.
Ay Ay, he from Marigot nuh….and I there saying the man from Morne Daniel.
Most little men from the coutryside runs up to the country as soon as Friday reach wiiii
Here we go with the Marigot talk. stewps.
Yes God sees all things including your things.
@ My friend IPO, someone must be a beacon of hope against the injustices we face from a tyrannical Government, was it not Oliver Cromwell who had a revolution in London, was it not Patrick Henry who thought for liberty in America, it is time for Lennox Linton to start the revolution to change the course of Dominicas history.
Mo, what you and lennox havent realized….you cannot fight what the majority is for….
In other words who are you to go against the vote of the people…you all have been doing this for sometimr to no avail.
There comes a time in a mans life when he reviews his life, his personal growth and success and recalibates to achieve his desired result.
That point is here for you and your padna….cut your losses bro and join the winning team
Hector, edison, earl, blessing, groovy goat are not going to win….ok….not anytime soon
Grace Mercy and Peace….is not me that say that…ok…read between the lines
@ IPO He has gained a tremendous amount for buffoons like you who are tacitly engulfing corruption. For lazy fools like you who are grovelling to the Red Clinic for handouts. For idiots like you who call good bad ane who call bad good.
Maybe you are too corrupt yourself to see the remarkable job that STATESMAN,LENNOX is doing on your behalf. I LOVE HIM.
But you are no better than IPO! You are just on a different side. It takes a buffoon to know a buffoon, a lazy fool to know another lazy fool and an idiot to know an diot! Check yurself before you call others names… thats exactly why lennox end up in court!
so do i
Lennox seem to be giving you a lot of sleepless nights boy.
Well live your life with integrity nah! Stuppessssssssssssssssssssssssssssssssssssssssssssssss
my bad dominicans.
when is all of crap going to end,tony you need to grow up.dominivans are tired of all this childish play.but lynton is a black man so you will try everything in your power to brin him down.
Ignorance at its best.
What are you talking about ‘blackman’? Linton is a nuisance.
I applaud you Mr. Astaphan. Continue to help our country and being one of the best legal-minds in the Caribbean.
You make me proud to be Dominican.
idiots like you that are brainwashed by slave drivers like tony,read your history,your brainwashed fool.tony does not care about the poor people.
What a laugh! Best legal mind of the Caribbean? Give me a break.
I do not understand us. Isn’t the law and the courts there for everyone. Why shouldn’t the man appeal his case. If the shoe was on the other foot you think the same thing would not have happened?
To say that “going to the Privy Council is in the public’s interest, and to ensure that the proper boundary lines are drawn….” is garbage, and I mean garbage..
I wonder which public he’s pertaining to. Who cares about this man who has ganged up with “Public Enemy #1” to take down our native son? When are we going to take a stand and rebuke these injustices that are being perpetrated against our country?
In any other country, this man would not be able to do what he has given the privilege to get away with. That goes also to his accomplices and supporters who are evil towards Mr Linton.
Dominica, we must bring an end to what’s happening to our country now.
@ lougaoo Mem only now u want it to end,when ron lost u were crying u never said u want it to done well the last place is the privy what ever they say to do then that will be it if they send it back to court so be it.The work in the country still going on so am not crying DA looking real nice to me,who vex to bad.
i AGREE ENTIRELY, they talk of malice well in the editoriasl above we see just that but it will be nice to see them torn to shreds in London
Waay Garçon stay dong while you dong nuh,,,
Well Marn guess all dat money dat was made on d Layou river deal must be paid back some how to the Court,,,
Boy dem man not tired of carrying Satan’s heavy load?.
No fear Lennox, we know you have the justice of your own cause and the promise of Jah almighty that Satan’s kingdom must fall.
keep blazing de fire.
Holy Emmanuel I
Why do they seem so desperate to get to Mr Linton?
Because THE TRUTH HURTS!
simply put they are in fear of him
Wow! I feel proud that this Canon of the Catholic Church is in play…very good Kieron, but I still support Lennox.
Now who did not see that coming??
GOOD!