Dominica Bar Association displeased about state of disrepair of Dominica’s courts

Roberts (l) says the DBA is fed-up with the situation

The Dominica Bar Association (DBA) says it’s “fed-up”, enough is enough and is calling on the Government to get the court system in Dominica back and running as it was before the passage of Hurricane Maria in September 2017.

Members of the DBA held a press conference on November 15, 2018 to voice their concerns and “displeasure” about the state of disrepair of the courts in Dominica and the absence of the Criminal Division of the High Court.

According to the DBA, on April 12, 2018 the Minister for Justice and the High Court Registrar held a press conference at which promises were made about the resumption of criminal high court sessions within a few weeks.

The Association said that by letter dated April 17, 2018, it wrote to the Minister for Justice complaining about the Government’s neglect of the court and requesting immediate action.

“To this date, more than 13 months after the passage of Hurricane Maria, the High Court of Justice Criminal court room and the Baracoon building housing the civil court, are still in a state of disrepair although we had continuous assurances that the Registry building housing the Criminal High Court would have been repaired and available for use before the September Assizes,” President of the DBA, Mary Auriel Roberts, stated. “An alternative location for the holding of the high court criminal sessions has not been utilized. As such, no high court criminal trials have been held since the passage of Hurricane Maria.”

She continued, “This neglect of the judicial system in Dominica is unacceptable. It affects victims of crimes who are patiently awaiting justice, witnesses who are waiting to perform their civic duty by giving evidence in court, criminally accused persons on remand at the State Prison who are innocent until proven guilty, lawyers who are constantly faced with the daunting task of explaining to clients the reason for inordinate delays and members of the public who are entitled to protection of law.”

Roberts went on to say, “While the neglect of the Criminal High Court Division is the most alarming and disturbing problem facing the judiciary at this time, there are other issues which must be highlighted. The current backlog in the determination of the high court civil cases has been a cause of frustration for numerous court users. Many have complained about the lengthy delay between the filing of a claim and the actual trial date.”

“We are hereby calling on members of the public to lend their support to this cause by repeatedly voicing concerns to the powers that be until the change is realized. We call on the Ministry of Justice and the High Court Registry to take the necessary steps to ensure the immediate resumption of High Court Criminal trials,” the DBA president stated. “We further call on the Government of Dominica to request from the Chief Justice, the assignment of a second Civil High Court judge to the Commonwealth of Dominica in order to reduce the current backlog.”

She said the Dominica Bar Association remains “committed to advocating for positive change in the justice system. We are, however, unable to effectively do this alone.”

“We are therefore calling on members of the public to assist us in communicating this message to the executive arm of the State until all of the various problems facing the judiciary and the administration of justice are properly addressed and dealt with positively,” Roberts said.

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30 Comments

  1. jaded
    November 17, 2018

    I believe that the rapid comeback of Dominica post-Maria has been nothing short of remarkable. But the government is in danger of tarnishing this goodwill by not making the repair of the court house a priority. This delay in the repair of such a vital institution is confusing and troubling. The Bar Association should keep pressing the government until they come to their senses.

    • RandyX
      November 19, 2018

      The rapid comeback of Dominica post Maria – are you for real??) Instead of posting a worthless comment on here just like that why don’t you tell us in your own words what that ‘rapid’ comeback in your eyes looks like?? Millions of aid cash and aid goods still unaccounted for, virtually no functioning bridges (apart from those in Roseau) in the country, the entire road network in a terrible state, hundreds of people still sleeping under plastic sheets?? Is that perhaps the rapid comeback you are referring too???

  2. Dr Clayton Shillingford
    November 17, 2018

    The comments on the silence of the Bar Assoc on other critical national issues are necessary..Our institutions and citizens CANNOT only be concerned when matters affect them directly..That is NOT the spirit of democracy..The lawyers in the country have a particular responsibility when the Constitution and laws are being violated

    • RandyX
      November 19, 2018

      Very well stated Clayton. Unfortunately with them money comes first and democracy second. But when democracy is gone, and I believe that will happen very soon in Dominica, they will cry. Likely for them they have the financial means to leave the country… but what about the odinary citizen?? They have to stay and ride it out!

    • Joseph John
      November 19, 2018

      Dr Shillingford. Lawyers by profession have a neutral or an impartial profile, because of their ethics “innocent until proven guilty” They should not be partisan or public on an issue and have to prosecute or defend it in court. Of course there are exceptions, but this is the general rule. The question of the court is an exception because it affects their practice directly, its like conditions of employment.
      Under normal circumstances I would support this move, but in this time of distress with natural disasters I think they were being selfish and unprofessional with no empathy for the people whos homes were destroyed. Challenging the government’s priority in giving relief to the 90% plus home owners is just too party political and bias.

  3. shrewd
    November 16, 2018

    Are you satisfied with the state of the roads in Dominica, did you say anything about the recent incest rape, or only with what directly affects you? hoping to hear you on other issues.

  4. viewsexpressed
    November 16, 2018

    Fix up the courts asap please, quickly in time for the appearance of this failed Labour Government entry to account for our abusive states funds. we need answers and an enquiry into the Bin Bobol and th Fertilizer Bool.. Also,, for the Red Clinic where poor mothers where assembled in huge numbers at the foyer of the Financial Centre for Skerrit to deliver this amount of cash and that amount of cash to begging unemployed mothers gathered in hundred with babies and young children to see and received cash in hand from Supremo. This is an abused of states funding and the abuse of the Office of the Prime Minister and the Finance department. It was sad reporting to work and to be met with this high level of abuse created by Skerrit and is bunch weak ministers and ill-advised so called advisors. Some people are getting rich and some remain very poor, and the poor chant everyday “We love our PM” . Love our PM, My foot, the symbol of todays Dirty corrupt, dirty Labour immature Government…

    • Joseph John
      November 18, 2018

      Wow. Thanks Mr Views expressed and thank you DNO for posting this. I have never heard or read of such happenings. A PM, a head of a government personally attending, giving personal attention to hundreds of mothers and babies in their time of need. The saying that you can only know who your true friends are, who really care when you are down and your out is so true..
      While the money is good the greatest good is the time given or spent to listen to your troubles, helping you to cope with stress and preventing you from being over-burdened or burnt out. So I say three cheers to the PM, and may God bless you, Sir.
      As for the lawyers I find their actions very unprofessional and very insensitive and selfish. These are some of the most educated Dominicans and that is the best they have to offer . WOW. They definitely have ulterior motives. When over 90% of homes is destroyed as a professional what you do? Do you leave people homeless and go and fix government buildings? WOW

      • Neville
        November 19, 2018

        …and JJ keeps singing for his supper. JJ is better than Plácido Domingo. JJ, you are a low life if I’ve ever seen one. People like you make me sick!

  5. Rawlston Pompey
    November 16, 2018

    UNBELIEVABLE

    ‘…Justice delayed is justice denied.’

    This is not only ‘…Unbelievable,’ but also unheard of; …untenable and intolerable.

    Even with the currency of the state of affairs, there is a particular Counsel on regional radio and television stations , ‘…prating and yapping’ about the Caribbean Court of Justice (CCJ), yet right here in their own front-yard, there is a deafening silence on a non-functioning judicial institution- ‘…The High Court of Justice.’

    A non-functioning judicial system always has implications for inter alia, (i) ‘…vigilante justice; (ii) …a disorderly society; (iii) …anarchy, and most importantly, the stabilizing factor and tenet of democracy (iv) …the Rule of Law.’

    Those that believe in it would, justifiably so, have good reasons to take their grievances publicly through social media.

    Even so, civility shall prevail among the populace, thereby police and guide themselves with ‘…restraint and tolerance and…

  6. Bob Denis
    November 16, 2018

    Roofing , proper Roads , refurbished Schools , Hospitals, and Police stations, i personally would give first preference , The Bar association, historically a self serving and conniving group have always been pro who ever is holding the strings of Gov’t . Dominica, have much more pressing issues , this one , is not as pressing as it is made out to be .

    • Anon
      November 16, 2018

      It probably isn’t pressing to you because you’re not affected. What about the people who are in jail, and cannot be tried in order to be vindicated? What about their children or other family members? Plus, if there are alternative buildings that are not being used what excuse is there?

    • Neville
      November 17, 2018

      I have to agree with you. Most of them in Skerrits pocket anyway, so they can’t or won’t challenge him at all. If all of them had a true in interest in their country we would not be where we are today. …but instead the majority of them is singing for their supper. Now let them suffer!

  7. November 16, 2018

    What ever happened to the Halls of Justice they were supposed to be building years ago in all OECS States? Dominica’s was to be built at the corner of Bath Road and High Street where the Club House is.

  8. REAL!!!!!
    November 16, 2018

    Sad state of affairs.

    Let the people who dislike the opposition understand that this DLP GOVT failures and incapability to run this country is coming right to their doorstep.

    Let the chips fall where they may!!!!!!

  9. Tonton
    November 16, 2018

    It’s a sad state of affairs when theses lawyers who are supposed to be fighting for the rights of the people cannot even get the government to fix the court house.

  10. WHy speak now?
    November 16, 2018

    Why is the Lawyer association speaking only on the close of the courst?
    The answer is simple: they are losing money.
    That is human nature we keep silent if our pockets are not affected . There are so many other matters the lawyers are playing dumb.
    The pubic should not support them in their protest.

    • Ibo France
      November 16, 2018

      What utter nonsense are you spewing? It’s really difficult for me to comprehend this twisted, rope-like thinking. When the court fails to function the whole country is adversely affected. The innocent man languishes in custody, victims of crime cannot be compensated or get justice, and the list goes on. Direct your frustration and animus at the unproductive bunch of buffoons at the apex of government.
      Court houses – in disrepair
      Post office – in disrepair
      Hospital – in disrepair
      Roads & bridges – in disrepair
      Ministers’ salaries- fully intact

      • Karl Orndem
        November 19, 2018

        So then why arent they speaking up on the state of the other matters that you listed. Hospital roads bridges etc? They are only speaking up on what affects their bread and butter. Nothing else.

  11. Millennium mellie
    November 16, 2018

    Diminica has no justice,,3 yrs aggo a guy in my village possy had 2 separate rape cases with separate victims ,,he was on bail for the first when the 2nd occur, ,he got bail again,,nobdy never heard anyting about the cases,,they never called,,never,i jus cant believe dat,,,

  12. Ibo France
    November 16, 2018

    Wow! This is a cry of desperation. We often hear the cry “No Justice, No Peace”. This is unconscionable, insensate and inexcusable. This regime is guilty of dereliction of some of its most sacred duties. These include but not limited to justice for all, healthcare, national security, economic and infrastructural developments. They were elected to empower the people but they have used the power and their positions to accumulate for themselves and forget the people. This is ultra selfishness and wickedness combined. This is glaring incompetence and insanity. The country is in deep, deep peril if the court system is not up and running expeditiously.
    Let’s not forget the truism: Justice delayed is justice denied.

  13. Bee
    November 16, 2018

    “We are hereby calling on members of the public to lend their support to this cause by repeatedly voicing concerns to the powers that be until the change is realized…..

    When we call on you for support surrounding all the corruptions in the court all of you silent now you calling on us for help? Isn’t that something…..

    • Paul Rossnof
      November 17, 2018

      Unfortunately that is very true…

      • Joseph John
        November 18, 2018

        Sir …. When educated professionals are being unreasonable they have ulterior motives. It seems to me that someone is seeking “front page ” status (celebrity status). I agree its their right to do so
        Just look at the profile of the people in the picture, feel the body language. Why does the lady at the extreme right look so passive and surprised ?
        Why does the lady at the left look so aggressive ?
        Like a wise person once said, “a picture is worth a thousand words”.
        Or is this a first step in a thousand mile journey?

  14. WEH
    November 16, 2018

    LABOUR KATWAVAY :-D

    • viewsexpressed
      November 16, 2018

      Labour Ka Voleur!!!!!! They must Go

  15. Karl Orndem
    November 16, 2018

    Not just the courts. The Library, the Post Office, The state of Woodridge Bay and the list goes on. the governing party has Cubans working on its Party Headquarters with building supplies im sure was meant for other uses. Yet, all of these public institutions go without repair. The roseau police station needs renovation and upgrade, the Fire Station same thing. But it is politics and party first, the people and country can come after.

  16. Roger
    November 16, 2018

    So now it is affecting you all , you now want help from the public to lend their voices. When the Bar Association stop play partisan politics then they will get help. Do all you job without the partisan politics. Remember today is mine tomorrow is yours. Remember the phrase. ” they came for the Jews but I was not a jew etc.. but when they came for me there was no one to talk for me.

  17. Truth Be Told
    November 16, 2018

    Law and Justice has not been a priority of this Labour Party Government at all. Almost 18 years in office and no major progressive legislation, no major review of colonial laws, Labour has been a wasted opportunity for Dominica, its development and progress. Never has a Government of Dominica that has received and spent so much money, achieve so little! Let’s be honest now. Our past Governments could only dream of the resources that PM Skerritt has wasted! Time up, pack up!

  18. viewsexpressed
    November 16, 2018

    My dear members of the Bar Association, we urge you all to advocate loudly and professionally of the serious deteriorated state of affairs in Domininca. The legal minister is weak and appears incompetent. I wonder where those resiliency come into this picture, as it is a new cuddly, embracing doll word for failed Skerrit to make people feel he`s some kind of literate professional, intellectual. He is neither, just a failed PM, running a failed questionable corrupt labour government.

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