The judicial system has its shortcomings – DPP

High Court building on the Dame Eugenia Charles Boulevard in Roseau

The judicial system has its shortcomings, Director of Public Prosecutions Gene Pestaina has acknowledged.

The DPP has pointed to inefficiencies he says that include the absence of a proper bail act, a new jurors’ act, and a new evidence act.

However Pestaina says it is difficult to single out “which area I find would contribute to a lack of faith in the justice system, it’s a combination of many many matters”.

He was responding to ongoing suggestions online and on the country’s talk shows questioning the impartiality of the courts, especially on matters of a political nature.

Referring to the recent judgement in the dual citizenship case involving Prime Minister Roosevelt Skerrit and his education minister, DPP Pestaina said that matter was expected to be appealed at the level of the OECS Supreme Court, and comments about the case may be premature.

“It’s not yet over, so all of the arguments may be futile, when you look at the decision of the court of appeal, if the decision is to be appealed,” he said of that specific  matter.

Pestaina says in general though, the country’s court system should be respected.

“People are talking, some are going overboard of course, and that is where we are”.

“I believe we should abide by the court’s ruling when and if the court decides, and the court ruling is not just the first instance judgement as we have it today.  We look to see how our court of appeal will shape up,” he said, making reference again to the dual citizenship case.

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13 Comments

  1. ROSEAU{FOR REAL}
    January 28, 2012

    Hats off to Mr DPP once a cop always a cop and in that vain i am proud to have served the police force in your days,you have always been a no nonscense type of individual you say it like it is and for some Dominican thats to much to handle. You are always professonalin your approach and you speak truth to power thou as you know sometimes it hurts to express the truth in Dominica for some people not to think there`s an agenda with people like you Sir”and in my opinion it is painful hense thats why we loosing the best of the sons and daughters of our lovely Dominica. Like in some many other areas of concern in our country the need to adress issues by the powers that be is a dam shame, for example with regards to the office of the DPP absence of proper bail, a new jurror act, a new evidence act,ect,ect,the people responsible to enact those laws and i am not singleing out any one person{S}and for the records i am not into politics{Dominicans} for too long we have those issues and in 2012 we are still talking of fixing it. Those issues will not fix itself overnight!that`s one instance there`s lots more we can talk about. Therefor Mr PESTINA keep doing what you do cause you`re one of our many good citizens of Dominica. Good job at the way you dealt with the recent behaviour from the ??????no name no warrant. WE all realized how fast that went away.Big up!

  2. Pundit
    January 26, 2012

    Are you saying this now since there is an online petition asking for your dismissal???. Is it that the professional from Canada you claim gave a judgement could be connected to the Sarah Lynn??and now that you messed up you are trying to correct your wrongs. Why don’t you just step aside and allow someone who really knows what they are doing, do their job.

  3. Patrik
    January 26, 2012

    Just because you cannot win a case for Dominica. If the 80yr old TnT man that raped de little girl had done that in Dominica the DPP would find he crazy or has PP* and just send him back TnT to run the streets. What a shame on you!

  4. ROSEAU VALLEY
    January 26, 2012

    Much respect to Mr. Pestaina. It takes a courageous, independent and professionally honest official to publicly highlight the shortcomings of the judiciary system, something that the Mr. Peters, the AG, seems unable to do or would discourage others from doing.
    In addition to the the absence of a proper Bail Act, Jurors’ Act and Evidence Act, one of the most crucial pieces of legislation missing in Dominica is the long awaited Legal Practioneer’s Act. Even though Tony and Isidore do advocate the need for such an act, this does not mean that it is not necessary.
    Let me also add what the Chief Justice himself has already lamented- the slow pace in which cases are heard and judgments are delivered in our courts. The denial of justice starts from the procedural delays. Our judges must make a greater effort to improve on the time frame within which matters are heard and judgments are delivered, especially matters arising from constitutional petitions. Whereas the Court may be experiencing its own problems in terms of resource allocation (human and other wise), we must be concerned over the delay in knowing legitimacy of members of parliament Two years is unacceptable and cannot be justified.
    Speaking of shortcomings, we also need the Chief Justice to immediately formulate rules for hearing election petitions. We need to reform our Civil and Criminal Codes and Procedures and we must also seek to update some outdated laws if we are to strengthen our institutions along with the rule and operation of law in our small developing democracy

  5. dominique
    January 25, 2012

    I thought it was only Lennox and Angelo saying what they want? hhmmmmm

  6. UPTOWN REBEL!!!.
    January 25, 2012

    And Yes…One of the main problem is you as DPP…You must step aside if the Office of the DPP is going to be productive and effective. Please, do the Country a favor, and step down…You seems to have no clue,man.

    By the way, were you a political appointee?..
    I hope not.

    One of the reasons why things are the way they are in Dominica, is,….too many people are in positions that they are not qualified to be in;…they are there only because of political affiliations,…not qualifications….So that in itself, is a major problem.

    Also, there are too many conflicts of interests as well, man.

    Yes, we do have some areas in the Judiciary that needs to be addressed, but one of our main problems are People that are incompetent, nonproductive,ineffective and unqualified for certain vital positions that they hold….They are there because of Politics…Not because they are qualified, or able do the job, and not only do the job, but to do it effectively….And this, is just plain wrong.

    If we as a Nation want to move forward into the 21st century,and be competitive, we must address that problem..sooner, rather than later…..Dominica is for everyone,….not a just certain few.

    We need to start making changes now, and one of the places where we must, is with the DPP and his office.

    You need to step aside, man….Do the right thing, for the sake of the People and the Country….and please, do it now…For you have reached your zenith,and have been running on empty for quite some time.

    Thank you.

    All the very best to you.

  7. January 25, 2012

    ye that is just BULL for avoiding the real problem concerning the courts. It is true that some areas need enhancement or amendment, but it was working before. The whole judiciary has been highjacked by the political system. There is no excuse for a case which should be dealt with within 6 months takes two yrs or more. stop making excuse for your weak management.

  8. timbok 2
    January 25, 2012

    Devil correcting sin…just yesterday you especially allowed sarah lynn to walk free..is all of allu that bending and breaking rules… as the calysonian say…techni-cality

  9. georgy
    January 25, 2012

    Glad to hear you finally admit it sir, seeing THE REST OF THE PUBLIC HAS BEEN SAYING THIS FOR YEARS! :-|

  10. Soul Cat
    January 25, 2012

    Mr DPP why are you doing Parry Bellot’s job. We would rather hear that report from Parry Bellot

  11. Lougaoo Mem
    January 25, 2012

    Give him his kudos! At least, he’s being honest.

    • CIA on the watch
      January 25, 2012

      Not many government officials who can speak with such independence, truth and honesty. By the way he is from massacre and we are proud of him. Good one home boy

      • Oh ye?
        January 26, 2012

        So he is from Massacre and SaraLynn is from Mahaut. Is there a connection?!? :mrgreen:

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