Linton/Pinard-Byrne matter heads to Privy Council

The players in the matter from left:  Kieron Pinard-Byrne, Lennox Linton, Tony Astaphan
The players in the matter from left: Kieron Pinard-Byrne, Lennox Linton, Tony Astaphan

Judges of the Eastern Caribbean Supreme Court of Appeal, sitting in Dominica, have granted leave to Chartered accountant Kieron Pinard-Byrne to take a matter involving Lennox Linton to the Law Lords of the Privy Council in London.

In March 2013, the Court of Appeal overturned a High Court decision which ruled that Linton, who was a journalist at the time, had libeled Pinard-Byrne in a matter involving the Layou River Hotel Project.

The Court, in its ruling, said the decision was based on ‘qualified privilege.’

Qualified privilege gives the press some level of immunity from defamation charges for statements made in good faith, unless it can be proven it was done with malice.

Back then, immediately after the ruling, Pinard-Bryne’s attorney, Tony Astaphan, indicated that they were considering taking the matter to the Privy Council since, according to him, the ruling had narrowed the issue of qualified privilege ‘much too much.’

Astaphan told the appeal court on Monday that his client had “fully complied with all the rules as laid down by the court of appeal and had also paid the required 500 pounds sterling to the court.”

The matter lasted for just ten minutes after President of the court, Davidson Baptiste, said it is satisfied that the conditions have been met and “final leave is hereby granted by the appellant to go to the the Privy Council to appeal by decision of the court filed on 25, March 2013.”

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53 Comments

  1. supporter
    March 26, 2014

    fools paradise.————dominica

  2. Jah Kal
    March 26, 2014

    tony asstaphan don’t worry your turn is coming soon every king has their day the internet is a great invention.

  3. Foe man Fashier
    March 26, 2014

    Dr Thomson Fontaine said we were not ready for the caribbean supereme court of appeal we blasted him now the same court is referring a matter to the Privy Council. THey have admitted they are not ready to function .Dominicans we are too gullible

    • Michael Grell
      March 26, 2014

      You need to do some research. You are not correct . Check your facts. Blessings.

    • October 12, 2015

      Please try and understand the issue before you open your mouth. When this matter was referred to the Privy Council Dominica had not yet joined the CCJ. Now Dominica is part of the CCJ cases will be referred to that body for final arbitration. Well Thompson got his wish and they still lost, perhaps they might get better results with the CCJ.

  4. FORKIT
    March 25, 2014

    how can a person working for the government in it’s(government) interest also work for the client whom he is conducting the government business to the client with which he is also employed…

    this sounds confusing, let me not blow a fuse over it.

  5. mosbo
    March 25, 2014

    Tony, i really do not have much to say to u, but rest assure ur end is at hand. Pinard shoud be ashame of himself, this is the same, Tony in the BVI who place on record that u a very dishonest, the Law Lord’s will deal with u. Lennox the lord is on ur side have no fear, victory is mines say’s the lord.

  6. Change is a must
    March 25, 2014

    LENNOX the end of all your fights and struggles is in sight…this is the last one….victory awaits you at the end and reward for all your hard work on behalf of the people of Dominica….HOW LONG? NOT LONG…GOD’S richest blessing to you, your family, and the hard working and dedicated patriots of the UWP…..

  7. 2Cute
    March 25, 2014

    thats allu business wii

  8. LOL
    March 25, 2014

    Tony and dem just want to distract us people, lets not let their tactics work ok, we are moving on.

  9. March 25, 2014

    can’t help referring to the 1970’s including 1979 when Charlo now president was at his peak – for a thing like the Lyou river scandal the country would have been shut down tight and for a long time to – Pinard Byrne wouldn’t dare thing of coming out of his house muchless to file case with Privy Council; Remember the famous saying of the 70’s ‘ if you touch one you touch all’ – ha they say time changes but check the clock time just goes around is men that changes- maggay sa – Saverin ou pa haut – seating on top of all that sh…..t when you stood against things of less significants in the 70’s. Yes I poor Dominica

  10. 100% Dominican
    March 24, 2014

    Well I thank God that this case is going to go as far as the Privy Council and that it is the Privy Council rather than the CCJ in this case!! Hopefully this will enable all to be brought out into the open and I wish Lennox well in this case!! I would love to be able to sit in on this case…….good luck Lennox!! May the truth set you free and may you reap rewards on this one!!! May our dear land come to its senses and see true colours as a result of this case……may we see from this who is speaking the truth and who is not. God bless your efforts Lennox!! God bless you and your family and keep up the good fight!!

  11. A LABOURITE
    March 24, 2014

    I have stopped questioning your leadership Lennox.
    You have shown that you are fit to govern.
    LAYOU IS DOMINICA’S CONCERN. WHAT A MESS THAT WAS DONE THERE. For you to have been the person to champion it., very good.
    YOU ARE A LEADER!!!!!!

    • October 12, 2015

      @A Labourite, why don’t you ask Lennox to inquire of Edison and Brian Alleyne about the $130 million $$$$$ for the Layou River hotel project. If you did not know this project was implemented under DFP and UWP administration, by 1997 the project was in problems and by the time the DLP took office in 2000 the project very dead.

  12. Open Mind
    March 24, 2014

    Lennox is on the winning side of truth and love for country ,even if the devils crucify him.

  13. HIM
    March 24, 2014

    An in your face disgrace in Layou. You would swear that Dominicans just don’t care.
    It took Linton THE NEXT PRIME MINISTER to speak about it.
    LOVE YOU LINTON! My beautiful “X” will always be for UWP,once you are the leader.

  14. Lougaoo Mem
    March 24, 2014

    Our people please wake-up and see who is the real enemy of our state. Mr. Lennox Linton is made to carry the burden and wrath of the evil doers of our beloved country. But sooner or later with the grace of the Almighty God, we shall see him through this chapter with a resounding victory over his enemies and the haters in the corrupt government. So help us God!

  15. Ohhh Dominica!
    March 24, 2014

    I hope by the time the case gets to privy council, Lennox will be prime minister.

    I don’t know what these thumbs down are about because Pinard-Byrne has done nothing for Dominica. These people are in Dominica getting breaks and privileges they would be unable to get anywhere else in the world. Only Haitians we tend to try to denigrate in our midst because they are same complexion as us. Talk about hating our very own and glorifying things unknown.

    My heart bleeds for DA boy.

  16. ?????????????
    March 24, 2014

    I am fully in supoport of Lennox on this one.
    LEADERSHIP… Although it happened before you were leader. This is what it means to love Dominica. Not giving greedy men/women money at a Red Cl;inic.
    YOU OR YOUR CANDIDATE DEFINITELY HAVE MY VOTE,

  17. Papa Dom
    March 24, 2014

    It is good because the decision of the court of appeal was wrong. The privy council will state that they were wrong but Lennox will still be victorious because KPB was not defamed and every proper lawyer knows that.

  18. ____________________
    March 24, 2014

    LONG LIVE LENNOXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    A Loving Mannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn.
    You will soon be rewardeddddddddddddddddddddddd.

    • Bogoroy
      March 25, 2014

      :mrgreen: :mrgreen: :mrgreen:

  19. ()
    March 24, 2014

    For Dominicans who know better, this will cause the incoming Prime Minister Mister Lennox Linton to GAIN SOME VOTES. He is Fighting For His Country.

    • Simply the Truth
      March 24, 2014

      Oh yea? Time will tell.

  20. %
    March 24, 2014

    This one is a just cause. It should concern all Dominicans. My brothers and sisters should have been employed there. Your nephew or niece should be employed there. GOOD FIGHT LINTON !!!! I ENDORSE YOUR POPULARITY AND YOUR PRESENT STATUS AS “”””””Our Soon To Be Prime Minister””””. Leaders fight for the masses, not for themselves.
    You are fighting for the poor and down trodden amongst us. This is what the “””GOOD LABOUR PARTY OF THE PAST FOUGHT FOR””””
    I Will Never Stop Canvassing On Behalf Of Your Team Linton!!!!!!
    THE HONEST AND GOD FEARING TEAM!
    THE BRIGHT TEAM!
    THE CARING TEAM!
    THE HONEST TEAM!
    THE CONCERNED TEAM!
    THE REAL TEAM!
    TEAM DOMINICA!!!!!!!!!!!

    • Simply the Truth
      March 24, 2014

      The problem with oppositions, their leaders, their politicians, their members and their supporters, they will always oppose whether a current government is doing its utmost to assist the nation, the people. Nothing the current government does could ever please oppositions that are bent on amassing votes to be elected. This is the way the ball rolls. The public should take note and not be deceived. Otherwise they will bear the consequences.

      • John Paull
        August 15, 2014

        The same can be said for the party in power,not one of them will stand up against their own party in Parliament even if they disagree in their heart of hearts,and if they do they will get punished by the leader

    • Toomatoe Tomato
      March 25, 2014

      Don’t forget the Greedy Ones, those who need housing , those needing to further their education and those who dare to dream of no longer having to use a Pit Latrine for their daily convenience that many take for granted in 2014. Oh I remember the Pit Latrines and we are so happy he has promised to get rid of them. Which one of us who have ever used one as a child can ever forget them. Praise God the Pit Latrines will soon become a thing of the past.

      Oh that is not him. Wrong blog; sorry continue with your wishful list. Santa Clause will be checking it twice.

  21. The Original Met Yo
    March 24, 2014

    Just as Lennox won the appeal, he will win at the privy council. And once again, the law lords at the privy council will school Tony.

  22. %
    March 24, 2014

    Long live our SOON TO BE PRIME MINISTER LENNOX LINTON….. This is the type of leader we need to govern our land. He thinks that the large sum spent at Layou $130 000 000.00 and more should never be, without anything on the ground. I MYSELF FULLY CONCUR. For This Cause I Rise!!!!!!!!!
    We need men like this (LINTON), to govern this impoverished land called Dominica, and it seem as if our endless prayers, IS ALREADY ANSWERED BY THE MOST HIGH!!!!!!! HURRAY!!!!!.
    I am fully convinced that LINTON IS A PATRIOT AND GENUINE MAN, he has shown unblemished leadership from the very first day he assumend leader of UWP. Absolutely nothing has gone wrong in his leadership so far,and he has stunned his critics. For This cause I Rise!!!!!! AND THIS IS EXEMPLARY. ISN’T IT!!!
    KEEP ON FIGHTING FOR YOUR COUNTRY LINTON, as soon as the election bell is rung, we will be under a caring, loving, visionary, well articulate, honest, God feraring leader.
    Your struggle is not because of greed, it is because of love for country. For This cause I Rise!!!!!!!!!!!!!!!
    I STAND RESOLUTE, STEADFAST, dedicated , INEXORABLE, IMMOVABLE on the side of OUR SOON TO BE PRIME MINISTER
    LENNOX LINTON!!!!!!!!!!!!!!!!!!! For This Cause I Rise!!!!!!!
    I am fully convinced that the last laugh will be laughed by the lovers of this poor country, who have gravitated in droves on Lintons camp……….. LOVE YOU PATRIOT LENNY!!!!! You are not alone in the struggle!!!!!!!!
    HOW LONG?
    NOT LONG!!!!!!!!!

  23. Francisco Telemaque
    March 24, 2014

    “Astaphan told the appeal court on Monday that his client had “fully complied with all the rules as laid down by the court of appeal and had also paid the required 500 pounds sterling to the court.”(Tony Astaphan).

    Attention Winston Warrington!

    Remember last week you were shooting your mouth through your fingers calling me brain wired British:

    Hahahahahahahahahahahahahahahahahahahahah!

    And you stated emphatically that the British Government does wish any longer to sponsor, or pay for the cases submitted to the Privy Council in London, when I told you that it is not costing the British Government one British pence; however, the plaintiffs pay the council? I am rubbing this in your face only to prove to you and your associate Emile, that you do not argue about matters of which you are not informed, or have any knowledge!

    I told you guy, if I am not correct 100% of the time, I am almost correct 99.99998% of the time, I do not know how to shoot crap, Nevertheless, I do not talk nonsense about what I do not know, and cannot substantiate. The five (500) hundred pounds Tony mentioned is for the filing of the appeal, and the amount is equivalent to EC$24,000.00.

    I hope this neocolonialist as you called me have taught you a simple lesson!

    Francisco Etienne-Dods Telemaque

    • ????????
      March 24, 2014

      Francisco Etienne-Dods Telemaque

      I noticed that you made a mistake in calculation. Actually I am sure you meant $2,400.00 and not $24,000.00. Please have this corrected.

      • Francisco Telemaque
        March 24, 2014

        Oh yes, I believe I oversight, and perhaps calculated 5000 x 480, instead of 500 X 480.

        Hahahahahahahahahahahahahahahahahahahahahah!

        Well, to error is to be human, thanks for drawing it to my attention.

        Francisco Etienne-Dods Telemaque

    • Fair play
      March 24, 2014

      please tell me were the exchange rate for £500 will give me 24’000 EC Dollars

      • Views Expressed
        March 24, 2014

        EXCHANGE RATE IS ABOUT 4.80..OR 4.90

    • winston warrington
      March 25, 2014

      Francisco, I need to inform you that the members of the Privy Council are appointed by the British Goverrnment and are paid for their time . It has long been established that even the granting of our Independence was a matter of economic considerations. In parliamentary parlance of the era, poor commonwealth countries were referred to as economic burdens to the British Government.

      • Francisco Telemaque
        March 26, 2014

        “Francisco, I need to inform you that the members of the Privy Council are appointed by the British Goverrnment and are paid for their time”(Winston Warrington).

        Okay Mr. Warrington, I must agree with you perhaps the Privy Council might be appointees of the British Government; I do not know how they get on the council I would have to research that, however, British politics plays no part in the decisions of the Privy council, it is an independent body.

        And if they are part and parcel of the British Government, according to Tony’s comment, in which he said his client Pinard has already paid 500.00 pounds which is equivalent to EC$2,400,00 and that is 500.00 X 4.80 = $2,400.00; it seems to me that you cannot get you case reviewed by the Privy Council unless you pay for their service.

        So, it is easy to conclude that rather than the British Government paying the Members of the Privy Council to review cases from members within the Commonwealth of nations, the British Government might be benefiting financially right at this moment as a result of the five hundred pounds Pinard has paid to them.

        And mind you that may not all the money needed to proceed with the case, that may constitute only a filing fee, I do not know all that is involved, but what I do know is it is not costing the British Government one red British pence, or a penny!

        I cannot make it any simpler to you.

        Francisco Etienne-Dods Telemaque

    • stephen
      March 25, 2014

      Boy find another hobby stop posting crap online

  24. native son
    March 24, 2014

    The privy Council have no connection with anyone in the Caribbean so justice hopefully will prevail.unlike the CC J where the Judges are friends of lawyers.
    mr linton is a patriot that have time and time unearth the big breaking news on the corruption of our passport fraud,
    today he is being dragged to the privy Council.

    • helllofool
      March 24, 2014

      don’t you know that there were dominicns such as PHILIP TELFORD GEORGES who served on the Privy Council and also present president of the CCJ Sir Byron ? Some of us are so assssiological…if Lenox loses the appeal at the British privy Council then blame Skerrit for that….chuooooopsman.
      Hope when the elections result give allu more change and labout get dollars I hope all you do give dr benjaman more work to do.

    • Francisco Telemaque
      March 24, 2014

      That is what I have argued so many times; in the Caribbean all of these Lawyers, and judges attended the same law school, they know each other, and so one anticipates, favors will be done, no question about that.

      We are dealing with the human element in such small areas as the Caribbean, it is expect that most of the professionals as lawyers, and magistrates, and judges will know each other.

      One time, I was on an island in the Caribbean going through immigration, got into some difficulties the person who I was dealing with called out my name loud. Another officer, apparently a commanding officer heard my name, he told the guy who was dealing with me to send me into his office.

      When I got in there, the officer ask me; “your name is Telemaque” I said yes, he ask me do you know someone by the name of Wordsworth Telemaque, yes I said, and told him Wordsworth and my relationship, he said okay, I know him we attended police training school in Barbados many moons ago.

      He walked me back to the officer and told him: “let him through.”

      I can give another example; I know eh,but I doh talking eh, cause I doh want to call no name oui!

      Francisco Etienne-Dods Telemaque

    • winston warrington
      March 25, 2014

      Why can’t you understand that the CCJ ruled in Lenox’s favor; that ruling is going to be reviewed by the Privy Council which in this case was still the final Court of Appeal?

      • Francisco Telemaque
        March 25, 2014

        Warrington, are you going crazy, or am I crazy?

        Would I be correct if I suggest the CCJ did not review Lennox case, I mean I could be very wrong, nevertheless since Dominica has not yet become a member of the CCJ, how could they have reviewed his case.

        And If I may could it be that something is wrong since Tony is now taking Pinard’s case to the Privy Council in London, and not the CCJ? Can you explain that to me.

        You know I doh know much you know, so I may have to believe anything you tell me, but I will only do so, after to explain it the situation here to me!

        Francisco Etienne-Dods Telemaque

  25. St. Joe Massive
    March 24, 2014

    Patience Lennox the persecution will end soon enough and you shall be victorious. Contortionists eventually entrap themselves and the evil that brings these 2 together will consume them. Just be patient.

    • Toomatoe Tomato
      March 25, 2014

      Persecution – yes I, nice choice of word. I wonder how the dictionary would define the word persecution.

      Persecution meaning:
      harassment, maltreatment, bullying, singling out, hounding, harrying, discrimination, narrow-mindedness, chauvinism, preconception, prejudgement, bigotry, unfairness, bias, intolerance.

      As I said nice choice of word.

  26. Not Me Alone
    March 24, 2014

    In any democratic government outside of Dominica, it would have been a legal matter between Pinard -Byrne and the government of Dominica, with Tony serving the government of Dominica. Somehow it is Lenox Linton who was not even in politics that going against Pinard Byrne in a matter that Lenox himself has no personal gain, but for live of country has decided to carry Dominica on his back, with SC Tony standing against him. What a shame!. But hold strong Mr. Linton because you will sure be rewarded of the office that has so badly failed Dominica and sooner rather than later, you will be the next honorable PM of Dominica, although I am not sure the title “honorable” has any value left, thanks to Mr. Roosevelt Skerrit. But keep fighting for us Mr. Linton because those we pay thousands of dollars each month to fight for us have clearly become against us in this fight in favor of their friend.

    • Not Me Alone
      March 24, 2014

      In forth line please replace the word ‘live’ with the word “love’

      six line should have been, you will be rewarded with the office of the PM. Error or not, THANK YOU VERY MUCH MR LINTON for fighting for us even if many of us that should have been on your side are against you and their own country. A special blessing awaits you Mr. Linton. Just stay focus and the good lord will reward you. Thanks again

      • Osanna Mowanga
        March 24, 2014

        Mr Linton, I pray that you will win. You are one of the few who has stood for the country. At one point i felt you should give up because you were not getting the support you deserve. Hold on my brother. Just be honest and sincere. Victory will come to you.

      • Simply the Truth
        March 24, 2014

        Does his name not have two “n’s?” – Lennox. He is not the only one who has this name. So there goes another error.

      • The currupt Team
        March 26, 2014

        @Simply the truth, I am not in any spelling completion; I am simply standing in defense of my beautiful country and sad that many that claim to love Dominica choose to take a political stance instead of defending it. I do not know how long Canada or the US will be home for some but DA will always be home. I am happy that’s all you could criticize today was my spelling. Go spelling while I keep fighting for my country

    • Bogoroy
      March 25, 2014

      “but for live of country has decided to carry Dominica on his back”.

      What a load of hot crap!! Love of country? Of which country do you speak? The chap, in his determination to trample upon Skerrit decided that he would sully the name of everyone who is remotely connected to the man. So, he went on a rampage spewing all manner of wcked innuendos about persons. KPB di dnot take it lightly and has sued.

      I don’t know if you are even aware of what you speak because i do not see how love of country features in Lennox’s utterances and suggestions regarding KPB on that Layou River issue.

      I suspect that you need to hear the tapes of those weeks when Lennox went loco in his accusations; just to be reminded. I have not forgotten those years.

      • FORKIT
        March 25, 2014

        boy you do tired embarrass yourself, every post you upload is thumbed as crap.. you to bias and support to much nonsense.

      • BOGO-tom
        March 25, 2014

        Dear Bogoroy it is people like you that have the country where it is today. I guess what lennox must have said also affected you. I have never seen a government like this. If a man is fighting for his country’s future is there something wrong with that?
        You guys stop playing politics.
        God bless you lennox because at least wasn’t it for you Dominicans would still be in the dark!!
        Bin Bobol, Fertilizer bobol, villas, 400,000 dollars house, land transfer deal and so much more. God bless you lennox!

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