High Court rules against police officers in judicial review matter

High Court of Justice on the Dame Eugenia Charles Boulevard
High Court of Justice on the Dame Eugenia Charles Boulevard

High Court Judge Errol Thomas has ruled in favour of the State in a judicial review matter involving five police officers and struck out several paragragraphs deemed “irrelevant” by the respondents.

The officers, Hayden Morgan, Gemma Louis, Martin Seaman, Delvin Challenger and Olan Vigille were arrested and charged in connection with the death of Joshua Etienne who was found dead in his cell at Portsmouth on July 4, 2014.

The respondents in the matter were the Chief Magistrate, Chief of Police, police officer Matthew Cuffy and the Director of Public Prosecutions.

The court had granted the officers leave for judicial review after magistrate Bernard Pacquette stayed the proceedings and did not read the charges against them.

In his 35 page decision handed down late Thursday afternoon, Justice Errol Thomas stated that the applicants were granted leave to seek judicial review based on the following as prayed for in their application: “The decisions and actions of the Second, third and fourth named Respondents in relation to the issues of the complaint; prohibition against the First Respondent, being the Chief Magistrate and a declaration that the arrest and continued detention was unlawful, illegal and abuse of process.”

He explained that the application as noted seeks to strike out certain paragraphs of the principal and supplemental affidavits pursuant to part 30.3 (3) of CPR 2000. “In this regard, the court has analyzed all the impugned paragraphs to show their intendment or otherwise.  In particular, the fact that some of the affidavits contain references to the actions of the Coroner,” he said.

Justice Thomas continued, “But as learned counsel for the applicants has argued, and the court agrees, there is no application before the court to review any decision of the Coroner. It is submitted that it is fundamentally improper to complain of non disclosure of reasonable grounds while at the same time seeking to strike out the material facts and evidence contained in the affidavit as disclosing the reasonable grounds for the challenged to the decision of the DPP.”

“The short to that submission of the claimants must be that relevance must have a context. The context is the leave granted by the court based on the application for leave. Indeed there was no application for unlimited leave before this court- cadit question.”

According to Justice Thomas, this is where Part 30.3 (3) comes into greater focus as it gives the court power to order that any “scandalous, irrelevant or otherwise oppressive matter be struck out of any affidavit.” He said that it was against the backdrop of the content of the impugned paragraphs of the claimants that the court took the determination to strike out certain paragraphs of the claimants, “because they are irrelevant to the leave granted.”

He urged both parties to sit and decide and inform the court about trial of the matter.

“This is a constitutional matter of grave importance; trial should begin as early as next week,” Justice Thomas stated.

Etienne died while in police custody after being arrested by Portsmouth police for illegal possession of ammunition.

Copyright 2012 Dominica News Online, DURAVISION INC. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

Disclaimer: The comments posted do not necessarily reflect the views of DominicaNewsOnline.com and its parent company or any individual staff member. All comments are posted subject to approval by DominicaNewsOnline.com. We never censor based on political or ideological points of view, but we do try to maintain a sensible balance between free speech and responsible moderating.

We will delete comments that:

  • contain any material which violates or infringes the rights of any person, are defamatory or harassing or are purely ad hominem attacks
  • a reasonable person would consider abusive or profane
  • contain material which violates or encourages others to violate any applicable law
  • promote prejudice or prejudicial hatred of any kind
  • refer to people arrested or charged with a crime as though they had been found guilty
  • contain links to "chain letters", pornographic or obscene movies or graphic images
  • are off-topic and/or excessively long

See our full comment/user policy/agreement.

36 Comments

  1. concern
    December 1, 2014

    I am a Police Officer and I am 100% against inhumane treatment . Human beings create by God are to be treated godly . The problem with some of theses Dominican Police officers is that they lack knowledge of the law especially The Constitution which is the supreme law of the land . When one is ignorant of the laws that govern them , they certainly have no sense of reasoning but to act recklessly and arrogantly.Policing is a beautiful profession but I believe strongly that method of selection or recruitment is poor and there is a high lack of ongoing training for these officers. If we take time to learn our laws and respect the fundamental rights of the individual along with good practice of laws of evidence and the judges rules , we would never find ourselves in these predicaments . I believe that who ever commits a crime should be put before the court. No man is above the law I believe in FAIRNESS and EQUITY.

  2. patience
    November 30, 2014

    If they did kill the young man, please lock them and throw away the keys. Even though we were not there, something went terribly wrong. This Gemma Louis should go back to Roudette, because we have no criminals in the LOUIS family in Salisbury or Coulibistrie. Would they like to know that one of their family members have died in this brutal way. Lord please let truth prevail.

  3. November 29, 2014

    I am not against the police in principle as a matter of fact i do have a number of police friends , who are quite human. It is just that some of them are full of themselves up to a point where it look so ridiculous . They completely forget their roles and develop sadistic tendencies . Civilians are like cockroaches in front of a fowl to them. They believe or are trained to dehumanise civilians, when under arrest people are abused and humilliated in the worst way , then charged , brought before the court and imprison as the case maybe . there should be a policy of physchiatric evaluation from time to time for the police officers also to examine them for high stress levels. one thing that is of paramount importance is that , at all times the police need to be reminded beyond the shadow of a doubt that they are not above the law

  4. JoJo
    November 28, 2014

    Thank God, it looks as if we finally get some proper justice in this country. The prosecution of the accused police officers will proceed, as it should and let justice prevail. I hope we now also[proceed with the trial of Steve Isidore and the perpetrator of the fire bombing of Mr. & Mrs. Emmanuel’s house (which he confessed) to. For too long justice has been stalled in this country because of the use of artificial barriers put up against natural justice by lawyers who think themselves clever.

  5. The Facts
    November 28, 2014

    It is sad that this man died in their custody. How could this have happened and why did it happen?
    Now that it is in the hands of the Law, let the Court case begin with fair process. Everyone is entitled to a free and fair hearing and to defend themselves.
    All D/cans know people are presumed innocent until proven guilty. Therefore, please wait at the conclusion of this case and a verdict is brought down. No judging! Always put yourselves in their positions – The Golden Rule.

  6. Dounce kyat
    November 28, 2014

    Boy that article remind of when it was 12:45 PM in high school you hungry and thinking of what is at home to eat and the teachers till trying to get me to understand the lawsof motion. Darn teacher Jst tell me what ges up must come down and let e go home.
    I en understand one darn thing the than trails next week.

    We Ederle bono to explain this

  7. dominican to the bon
    November 28, 2014

    the family prayed and God heard their prayers. #let Justice begin

    • The Facts
      November 28, 2014

      If only we were God we would know everything and be sure of everything.
      God hears the prayers of everyone with no exception. This does not mean He answered the prayers. Based on the consequences, some people assume that God answered their prayers or not. While we must have trust in God, we cannot be too certain about any.
      God allows certain matters to occur or continue for our benefit, as also for our learning process that we may hopefully gain something fruitful from it. Some people just cannot visualize this as in other matters because they are not so inclined.

  8. Optimum
    November 28, 2014

    FINALLY JUSTICE WILL BE SERVED

    • The Facts
      November 28, 2014

      Hope for that. The Law must be fair to all.

  9. SC Lang Mama
    November 28, 2014

    Senior Counsel Lang Mama will break that down for even all the Labrites to understand. At the same time DNO could have saved us all ths mombo jumbo and just say trial will begin next week
    You see tony never use all thse legal jargon he simply just lie whether or not the lies are obvious .For example Tony will say to us he paid for it or bought it but it was a gift guven to him by the persn who he paid for the gift Then he will say the money wasnt stolen but the bobol should not have taken place. Tony ges for the kill even if blood splashes all over hs face and even when he s caught lying he tells another lie to coverup the other lies even if the mstvrecentblie has to efollowedup by another lie.

    • The Facts
      November 28, 2014

      Exactly what is in your mind anyway? Your comment is not related to this issue. Can some of you Dominicans not comment and address the issue of this article without bringing in politics, the DLP and PM in them? This depicts that you really have absolutely nothing to state pertaining to this issue.
      If you have nothing relevant to comment about it, why comment? If you comment, for goodness sake, stick to the issue! Your writing is frustrating and disappointing. Life is a learning process. You have taught us nothing. :twisted: :mrgreen: :twisted:

  10. KoKo Naughts
    November 28, 2014

    They need to make an app to translate what them lawyers and judges does be saying in the courtroom wii. Is like once them people start talking I feeling like wii bon diay I going jail, and I not even on trial eh. SMH

    • True dat
      November 28, 2014

      You so right. I read the article, and even if I had 3 masters degrees and 5 Phd I would still be lost. I only understood ‘ trial starts soon’.. Come on DNO.

  11. Anon Again
    November 28, 2014

    Having read this, I don’t understand a thing. Can someone please simplify?

    • The Facts
      November 28, 2014

      This article is explicit in legal jargon. It may not be for brains and comprehension as yours; not all writings are which is why some of you give others thumbs down when you do not read properly, patiently and understand what you read which may assist you educationally and in other matters. This is why some of you make nonsensical comments which you alone comprehend.
      Read it slowly and patiently and concentrate on what was stated. If at first you do not comprehend, re-read it over and over again.

      • The Facts
        November 29, 2014

        in legal terminology.

  12. truthman
    November 28, 2014

    thank god. you mean the police and them expect to go free on that wicked all you wicked. you trying to tell me is not all you that do it, so it have something in the cell that breaking people bones. somebody have to pay for that. and judges make sure all you take all you time on that I want no murder case being struck out on technicalities.

    • BEB
      November 28, 2014

      What they are simple saying, the matter is going to trial [court]

      • The Facts
        November 28, 2014

        You stated it well. Simplicity is the key to understanding. :lol: :lol: :lol:

  13. Pure Trouble
    November 28, 2014

    hmmmm hold strong young men we all make mistakes.

    • Kakarat
      November 28, 2014

      That’s not a mistake. That’s cruelty. Wickedness to the highest degree. It is abuse of authority. To many times police officers use their positions as they are supposed to uphold the law and take advantage of people. They think they are invincible. An example needs to be made of them. Hopefully the others take note of this and stop abusing their authority and also develop some level of integrity by doing their actual jobs

      • Simplicity
        November 28, 2014

        Let who is without sin cast the first stone when you point one finger count how many pointing at you we are all humans and are prone to make mistakes or commit crimes none of us note one are perfect.

      • November 29, 2014

        Simplicity,
        Are hearing yourself? Really?
        First let me reiterate that the only stake I have in this
        matter is to see justice. I do not know any of the individuals
        Involve.
        However, it does not matter whether
        Mr. Etienne had a prior record.
        Mr. Etienne was allegedly arrested for
        illegal position of ammunition.
        A defendant is presumably innocent until proven guilty.
        According to the death inquiry and postmortem
        the cause if death is questionable.
        Simplicity, if one commits a crime and was subsequently
        arrested by some police officers, does his life has to end?
        We are not perfect as you commented and I concur.
        If a situation present itself where someone had to defend
        oneself and death was the outcome, I could be
        have empathy not in this case.
        A young healthy black male was detained
        later found dead in his cell, and you have the audacity
        to be angry with those who are seeking justice.
        Wait until it hit home —a family member and you will sing a different song.
        We have sat idly by too long and allow
        men of the law to brutalize civilians and walk away free.
        Only in Dominica.
        While I question the legal process in Dominica currently,
        the poor and under privilege still goes to jail.
        as for Mr. Etienne, he fell in that category.
        If he was prosecuted he would be lost on jail,
        there was no reason to allegedly murder him.
        I just hope it never happen to my brother.
        I will walk to Dominica and God will be the judge.
        We do not condone and support ill because of friendship
        and association. That is the ‘utopia’ that Dominica has become.
        Wrong is wrong –“If it quack like a duck,
        it is a duck.
        Take time to ponder.
        Good luck!

  14. Anonymous
    November 28, 2014

    Could some legal mind please simply this for me. Than you.

  15. ...
    November 28, 2014

    Good. Now let’s deal with this issue.

  16. Just Observing
    November 28, 2014

    Apart from the title to this piece can somebody explain the judgement?

  17. Looking
    November 28, 2014

    It was about time. Now let justice be served for Mr Etienne

  18. too late
    November 28, 2014

    Ok what about the GON Emanuel case, is that of grave importance too?

    • Just Observing
      November 28, 2014

      Look like you forgot the Police Officer, Young George. His father is an election candidate and does not seem to be concerned about the perpetrators who fire bombed his son’s house. How pathetic. Politics takes precedence over family matters.

    • The Facts
      November 28, 2014

      It does not apply in this case and issue of this article. Save this for another relevant time.

  19. fantastic4
    November 28, 2014

    yet another decision squashed emmmmmh.

    • BEB
      November 28, 2014

      Take ur time to read and understand, dunce !!!!!

      • derp
        November 28, 2014

        ikr some people cannot take the time to read

    • Pure Trouble
      November 28, 2014

      What is that child doing on dno na? you should be in day care you cant read.

      • The Facts
        November 28, 2014

        Well stated. You made me laugh. :lol: :lol: :lol:
        DNO is only (or should be) for adults and adult educated minds that can comprehend and read and write properly. :lol: :lol: :lol:
        They are projecting their stage of education and comprehension. That is why some of them give thumbs down, when they should not, without reading and comprehending what was stated.

Post a Comment

Your email address will not be published. Required fields are marked *

:) :-D :wink: :( 8-O :lol: :-| :cry: 8) :-? :-P :-x :?: :oops: :twisted: :mrgreen: more »

 characters available