UPDATE: Magistrate frees policewoman of murder charge

A Magistrate in Portsmouth has freed police officer Gemma Louis of a murder charge in relation to the death Joshua Etienne.

However,  police officers, Delvin Challenger and Martin Seaman, were committed to stand trial for murder in the matter.

The court ruled that the prosecution failed to bring a prima facie case against Louis and therefore dismissed matter against her.

This after Oscar George recanted his testimony he gave in a statement of what he had seen the morning of the incident.

Challenger and Seaman were not that lucky.

Although the prosecution case gainst them was significantly weakened by recanted testimonies from the state witnesses, the court still held the view that there is a prima facie case against them, hence they were committed to trial at the next criminal assizes.

The development is the latest in a matter which has had many surprising twists and turns. 

Five police officers were originally charged with murder in the case.

But the court ruled that the State was unable to produce evidence to establish a prima facie case against constable Orlan Vigille.

Then the State withdrew charges against Sergeant Hayden Morgan and he was released. Before that, the original charge of murder was reduced to manslaughter. 

Ettiene was found dead in a police cell at Portsmouth on July 4, 2014, one day after he was arrested for alleged ammunition possession.

An autopsy on his body revealed serious injuries including several broken bones and a punctured organ, among others.

 

 

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43 Comments

  1. Anthony Ismael, Graduate Degree in Kicks Off
    April 20, 2017

    Democratic states like ours, with a living constitution presumes the innocence of the accused in the most heinous crimes, until that person is charged, tired in a court of law, found guilty by a Jury of their peers, before sentencing.
    There is nothing new here. John Rose Lindsay suffered the same fate. Arrested by police officers in Roseau and later found near a beach North of Roseau. No one was ever brought to justice for his murder. The family of the deceased needs to secure a high powered attorney from outside and ensure that the “State” is sued in this matter.
    All and sundry is well aware that the Director of Public Prosecution’s Office on the island is a complete waste of good time. It is staffed with political appointees, who would not recognize justice and a just society, if it ran them over.

  2. loving sports
    April 19, 2017

    God is the judge. it is the Lord doing not man

  3. April 19, 2017

    They are all making the corrupted system to become more and more corrupted but at the end of the day someone should pay and the gov’t must compensate the man’s family.

  4. Cricsick
    April 19, 2017

    Something of note here,it looks like this a trend in our Dominica,this is the 3rd time a witness would give evidence or being part of a case where that person turns around and confess they actually lied about what happened,what a joke eh, your remember the famous Denny Shillingford in the former Magistrate’s case, then the top Cop shootin incident in the rest room of a very popular infant school in Roseau a few years ago and now this famous witness who turns around and blames Tiyani making him say that,when he saw this policewoman kicking the decease it was all a lie and some reporter are now blaming the family for retaining Tiyani,well it wasn’t Tiyani who was involve in the 2 previous cases, so who do we blame now, well for me this is a straight case of injustice that has been going in our country

  5. Titiwi
    April 19, 2017

    I say again, why does it take this length of time to come to such a decision? One man dead and one, apparently innocent woman’s life ruined? Our justice system in Dominica is a travesty with no one being held to account for the consequences and that is an injustice in itself!

  6. truth , shall set you free
    April 19, 2017

    Are they going to investigate who paid off all his bills?and why? Is dominica a real country? Is anyone safe in dominica ?And we wondering why investors will not come? And we talking about peace?,But none is crying out for justice? Well i say, No justice , No peace

  7. :mrgreen:
    April 18, 2017

    “An autopsy on his body revealed serious injuries including several broken bones and a punctured organ, among others.”
    Question is how did he get those injuries. Wha happen, a shooshot (bat) beat him up in the night? You can never get the justice you deserve in this justice system. They may think they go free, but the CONSCIENCE will be their back like a slave masters weep. His voice, pleading for help, will be replayed over and over in their heads, tormenting them.

    • star
      April 19, 2017

      they may escape the the judgment of the court but they can never escape the wrath of God, he made the eyes so he sees everything.. he created the ears so he hears all..u will never truly be happy and the good Lord will deal with you….he promises us deliverance from the wicked and evil.. have no fear

  8. barrack
    April 18, 2017

    in that hard time in dominica witness got a deal he took it

  9. Paula
    April 18, 2017

    I’m happy for her.she guided me growing up and the one decision she made changed my life.bringing me home.only god can judge u.

    • Looking
      April 19, 2017

      Paula, its all good that she guided you. This doesn’t mean that she may not have been guilty of treating others bad. Oftentimes we are very self-centered and egocentric its all about ourselves. Typical example, is some of us having members of family who are involved in questionable behaviors. But we condone it. But in the end as you say only God can judge.

  10. April 18, 2017

    It was said that five officers was involved now it’s left to two if the rest can go free all should my opinion cause this don’t make any sense to me so to men must take jail for all the others. Smh

    • star
      April 19, 2017

      if none want to say the truth then one have to take the wrap for all

  11. mine
    April 18, 2017

    I hope that the two other officers say what happened , speak the truth don’t stay in jail and the others are out free. Se panee sutiwa panee volae..

    • star
      April 19, 2017

      they are not scared they know they too will be set free.. u cant arrest the law.. hahah

  12. Humble
    April 18, 2017

    The,world is a cycle what a sad situation smh

  13. Humble
    April 18, 2017

    The,world is a cycle and remember what goes around comes back around

  14. Shameless
    April 18, 2017

    Thank god for freeing the innocent. That rush to arrest and remand everyone who interacted with the deceased that night was wrong, spiteful, politically motivated and a total rush to judgement. Carbon and the investigator seemed to have good intentions but should have carried out a proper investigation before arresting the innocent.

    If he had not rushed and arrested the innocent ones and going on radio and screaming murder before the investigation was complete the very officers he insisted should be put in stocky on remand would have helped. Now they will all remain moomoo denying justice for Mr. Etienne. No wonder the force don’t trust his leadership. Mark my word, this case is practically finished just like I predicted when these officers were so hastily arrested. If they are convicted in high court they will win on appeal.

    Assertive like Moses’ rod!?

  15. April 18, 2017

    Innocent and proven not guilty to a crime committed is truly free indeed —it’s a blessing —but on the other hand if it’s the opposite— whereas guilty and release — then you are not truly free……you will never be at peace — regardless what the Courts rule….

  16. Matin
    April 18, 2017

    You mean justice for Joshua Ettienne will not be served? The young man was picked up by police and next day found dead in police cells and no one seem responsible. But then, we had police officers from the same jurisdiction investigating their peers. Justice cannot be served.

  17. lmckoy
    April 18, 2017

    ” — claimed he lied and only said so on instructions from attorney Tiyani Behanzi —.” Seems like the public cannot depend on these people who are sworn to uphold the law to speak the truth! Time for recording systems in the jails? Will there be any actions against the confessed liar and his attorney?

    • Belle Beff
      April 19, 2017

      Wait? You actually believe that, man?

  18. Jonathan St jean
    April 18, 2017

    Justice delayed is Justice denied.In 2014 the chief of police declared that it was murder when the news was reported and three years later we are seeing that persons who were on the scene of the crime and didn’t do anything to stop it are let walk free because of legalistic shenanigans.The young man was killed in a police station by policemen and it sounds like the criminal Justice system is failing the victim who was defenseless.I hope someone is found guilty for this crime.But who advises the police when charges are brought against individuals.There was a recent case of a man in Portsmouth who was caught with all the evidence in a drug case just to see him walk because of sloppy work by the police and the prosecution.This is becoming frustrating and has to be corrected immediately

    • NUWPl
      April 19, 2017

      So let me ask you. Isn’t the court operating on “EVIDENCE/FACTS”? If there isn’t any PRIMA FACIR evidence WHICH MEANS THERE ISNT A CLARE CASE TO CONTINUE WITH THAT INDIVIDUAL Y WASTE THE COURTS TIME? It’s people like …. the court system should hold in jail right now if that statement is correct by this young man. And these are the people who talks about corruption. But as one person said if she is guilty she isn’t free indeed.

  19. analy thomas
    April 18, 2017

    Young lady, you were locked up for 2 years while your house was being vandalized, your son was emotionally disturbed and your family bled emotionally for you. I always wondered what would have provoked the deceased to the point where a report was made about him carrying a gun. Did he sustain injury prior going to the cell? Help me understand.
    Today you are free. If you were truly involved always remember that a life was taken, which is against the commandment of God. If you are innocent then you are free young lady and the sky is your limit!
    Go with God, Pray, and give your life to Jesus Christ because i know that it will never be the same again. God always has a plan for everyone!
    May his name be praised!

  20. Peace
    April 18, 2017

    One thing is certain, God is watching. We can’t hide from him because he sees and knows everything and will render justice in his own time. One person is dead, that’s for sure.
    Who killed him? No body knows or those who know aren’t talking….

  21. Hendricks ismael
    April 18, 2017

    Dominicans are some of the best people that I know, we respect the rule of law, in our system of government the people makes the decisions of guilty or not guilty. But as a people we have a lot of problems like emotional stability, anxiety, and poverty. Orginized religion is the only thing that gives us hope. Some one said thank you lord , if you kill some one family all you have to do is ask for forgiveness and you are free of sin, all these quotes from the Bible are all stories none of it happened. Who is king James ? We need help to decrease our anxiety and help us with our productivity to build factories. Most of us are not fulfilled in our lives, from the day we were born we are struggling to make ends met, very little stability in our lives, how do we improve our emotional stability , we must be dedicated to making positive changes in our life. Slavery did a number on us and we did not recover yet. Can any one help us? We have people with the brains to help us with the mind.

  22. follow the crumbs
    April 18, 2017

    The fact that he can admit to one lie (the witness) means that his entire testimony shouldnt be admissible. Now is he lying about lying? that is the question?

    • MUDD
      April 18, 2017

      Did you read properly? The witness said, “he only lied because his attorney instructed him to do so because the attorney doesn’t like Officer Louis and he the attorney wants to see her fall”. Why would any witness lie on his lawyer on a witness stand.

      • Mamosa
        April 18, 2017

        Mudd, people have done worst for money.

      • barrack
        April 18, 2017

        because he got paid or promise to be paid

      • Observer
        April 19, 2017

        who is to say he didn\’t lie about something else ON THE STAND? Everything he said should be second guessed…. that\’s just my opinion

  23. Angel
    April 18, 2017

    Praise the Lord. I am do happy for you Louis. There’s a God above.

  24. RED FLAG
    April 18, 2017

    Thank You Lord! Gemma you are finally free girl! God bless you and get ready for a trip to Florida

  25. Concerned
    April 18, 2017

    Weh weh weh…

  26. weh
    April 18, 2017

    What a joke

  27. Shaka Zulu
    April 18, 2017

    I hope all the police officers who were freed help with the investigations. It is clear from the autopsy results that his trauma from custody caused his death. The police officers know what happened in the cell and if they are not willing to testify and take responsibility how is the public ever going to help in any investigations​. Lead by example. The police are not above the law and are capable of breaking it. When that happens they must face justice just like everyone else. Joshua Etienne was someone’s son, brother, Uncle, friend a human being and a citizen. He was found dead at the hands of a few bad eggs and needs justice. The Police need to make this right learn, retrain and move on. Let justice prevail.

    • follow the crumbs
      April 18, 2017

      That is the point. Police supposed to be standing up for what is just and what is right. . And those who are staying silent are just as guilty. You are a police person an officer of the state.

    • Ibo France
      April 18, 2017

      @shakazulu. I want to express the precise sentiments as you have done so eloquently. This human being, Mr. Etienne, died in the custody of these police officers. A Medical Practitioner verified by way of an autopsy, that Mr. Etienne was savagely beaten to death. This is tantamount to stoning someone to death. Just imagine the excruciating pain and suffering this man endured from every blow that landed to every part of his body with brutal impact. Every police officer at the Police Station when this gentleman was arrested should be made to give an account as to what actually happened. Not even an animal should suffer this sort of gruesome brutality. In every sizable organizations and institutions such as a Police Force, there are rogues and renegades. They must be weeded out and made to pay for any infractions of the law.

      • star
        April 19, 2017

        who is going to weed them out… unless we deal with the root cause there will always be problems.. and the root cause has already stated no law no contitution.. end of story.. we shall take what we get.. they are above the law.. they will kill when they want.. arrest who they want… investigate what they want.. and the list goest on

  28. cricsick
    April 18, 2017

    That is a Clare case of interference of witnesses, I am not surprised at that is like that policewoman wasn’t even working that night when this man was beaten to death,but all those who got involved to make sure the policewoman got freed their turn will come cause she na play….

  29. sassy
    April 18, 2017

    I always say that the law can convict or free who they want of murder. But if a person truly murders someone, their life can never be the same. They will be haunted for the rest of their lives and that in itself is a punishment not sufficient enough but it is something you have to live with for the rest of your life.

  30. EH!!
    April 18, 2017

    JUST RELASE ALL DEM POLICE ….NO LAW NO CONSTITUTION

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