UPDATE: DPP gives reasons for discontinuing case against UWP members

Section of the crowd during the protest in 2010

Director of Public Prosecution, Gene Pestaina, has said that the law of Dominica does not appear to expressly prevent a peaceful political procession held by a constitutionally recognized political organization established under the laws of the island.

Pestaina was giving the reason why his office decided to discontinue a case against eight members of the opposition United Workers Party (UWP) charged for demonstrating outside Parliament in November 2010.

The party members who faced charges were Opposition Leader, Hector John, Ron Green, Claudius Sanford and UWP political leader, Edison James. Other members of the party who were charged were Ezekiel Bazil, Norris Charles, Ronni Isidore and Danny Lugay.

The matter was discontinued by the DPP when those charged appeared before a Roseau Magistrate on Friday August 10.

In a prepared statement Pestaina said he had “perused two reports from the police which emanate from the holding of an alleged unlawful public procession on Monday November 26, 2010 by members of the UWP.”

He stated that the principal objective and purpose of the Public Order Act is the maintenance of law and order during the holding of certain public processions and the Commissioner of Police is empowered by that Act to grant or refuse permission to hold such public processions.

Pestaina explained that the law does not appear to expressly exempt the feature of a peaceful political procession by a constitutionally recognized political organization established under the laws of Dominica. This he said is particularly so since attaining independence status in 1978 and the learning and interpretation of the constitutional provisions following the convention in respect of European Human Rights Privileges.

“There is nothing in the Police Reports to indicate that the Commissioner of police, prior to the date on which the peaceful demonstration was held, adopted a proactive role in ensuring that the persons who were eventually charged had obtained the necessary permit, if such permit was required. It also bears nothing that there are no implementing regulations to guide the Commissioner of Police in the administration of the Public Order Act,” the DPP said.

According to him, “it has always been good police practice, with respect to the prevention of crime that the Commissioner of Police, or any member of the Police Force for that matter, should have communicated with persons planning to hold a public demonstration. It is unacceptable for Officers to have been detailed to chaperone members of the public along the public road in a planned public demonstration and to subsequently prefer charges for not having had permission to do so.”

The need he said for such dialogue as indicated is even greater where the organizers of a procession would include the holder of “the constitutional Office of the Leader of the Opposition,” according to Pestaina.

“In the circumstances, the public interest in this case requires the discontinuance of the said charges against the defendants. And I act accordingly,” Pestaina wrote.

Speaking to the media leader of the UWP Edison James said he always knew that the matter was “politically motivated” and it’s part of the dictatorial manner of the Skerrit administration and he always knew that they were on the right track and had done nothing wrong in violation of the laws of Dominica.

Action was taken by the police months after the UWP and several of its supporters gathered outside the House during a parliament session on November 29, 2010 with placards, to show their dissatisfaction with a decision taken by Alix Boyd-Knights, speaker of the House of Assembly, to disallow five of the opposition’s questions in the House.

The UWP said it was angered that its questions meant for government ministers were ruled out of order.

Then Police chief, Cyril Carrette, said the organisers of the demonstration disobeyed the Public Order Act, which states that permission must be granted for the holding of any public procession.

The Public Order Act describes a “public procession” as “any march, demonstration or procession in a public place” and any person must seek permission from the Police Commissioner at least three days before the event is held. Anyone found guilty of an offense against the Act is liable on summary conviction to a fine of $10,000 or six months behind bars.

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.

50 Comments

  1. Patriot
    August 12, 2012

    Pestaina is about to retire so hence his reason. Some Dominicans have “memoire Poule” but if one is honest, one would recall that there was an advisory against Domincans taking part in the Demonstration. I am of the view that the opposition should have requested permission. They must set the example for others to follow.

  2. K K
    August 11, 2012

    Pestaina explained that the law does not appear to expressly exempt the feature of a peaceful political procession by a constitutionally recognized political organization established under the laws of Dominica.However,The Public Order Act describes a “public procession” as “any march, demonstration or procession in a public place” and any person must seek permission from the Police Commissioner at least three days before the event is held. Anyone found guilty of an offense against the Act is liable on summary conviction to a fine of $10,000 or six months behind bars. Whether is was political or not the law clearly states that permission was required and contrary to that the procession, march or demonstration is deem to be in violation of the law.
    My question is was permission granted, was it peaceful,then by all means the charges should be dropped, if not the the DPP interpretation is said to be in the wrong. The Public Order Act is clearly written and there isn’t any clause for that of polical processions. Anyone meaning private public political requires permission.

    I think the sinior attorneys should share their views.

    • Papa Dom
      August 12, 2012

      I agree with your view totally. What I think the man should explain is that what was done does not fit within the definition of a procession as prescribed in the law.

  3. eht
    August 11, 2012

    is so the DPP din’t push the case with the woman who killed her children.

  4. Politician
    August 11, 2012

    This is a far reaching decision that must be viewed in its broadest sense. According to the DPP, his decison to withdraw the charges are based primarily on the fact that the UWP is a registered/legal organization led by a person with constitutional reckoning. That is all? So whathappens to anyone else who dare to evoke their constitutional right to descent? Is the DPP saying that the police should have acted on the spot and not follow the protest to observe what was taking place? As a former poloice officer, is the DPP saying that arresting the alleged perpetrators on the spot in a very charged atmosphere of poitical agitation was the better option? Let us see what happens next with calls for “boots on the ground”, “time to shut down this blasted country” etc.

    • JIM
      August 11, 2012

      I think it is time for you to shut down your mouth,or pay someone to put boots on it. Stop being Skerrits beggar picking crumbs from under his table. Go get work to do.Your Skerrit political MACKAK! WELL DONE ME PAESTINA!

    • ya kill me, si!!!!!!
      August 12, 2012

      does the word democracy mean anything to you “politician”?

      what should people do? just run their “fre***ng” mouths on radio stations that the ministers laugh at while they listen to them in the luxury of their airconditioned vehicles?

      i sincerely hope some people organize something to put a zip on all u mouths and intentions

  5. Hate ignorance
    August 11, 2012

    wow , what a coincidence only after Carrete is asked to leave or resign then his incompetence is high lighted . what would he have said if he was still comisioner . These things are well planned dont be distracted people wishie washie . Our new chief is even more vulnerable . Dont ask me why. lol . nothing last for ever thats Dominica’s only hope . Like in the middle east its just a matter of time for change to come .

  6. August 10, 2012

    Another decision is carded down the road with respect to the case against Inspector” not word for word but along those lines. Justice must be done and not appear to be done. We are still a democracy the last I checked.

  7. evenhanded
    August 10, 2012

    Continuously and persistently stifling the opposition by authoritarian and arbitrary interference with their questions to Ministers by the Speaker of the House is fundamentally anti democratic!And must be stopped by all means.The DPP’s decision may therefore send the correct signal in that direction!

  8. Lougaoo Mem
    August 10, 2012

    May-be a beam of light is beginning to shine on the jucial path the country should track. However, with the current attitude of those who want to retain power by all means, will continue to divide and conquer. It shall not be long before the wheels of justice turn in the right direction.

  9. Greta
    August 10, 2012

    Carrrete is gone and he is now forgotten……He was unceremonioulsy dumped—good..great…..

    • August 10, 2012

      Name your next son or daughter. “Carette. We love to hate our own.

  10. Another UWP Clown
    August 10, 2012

    Are we going to appeal this decision?

    • Met Yo
      August 12, 2012

      which WE, who is you?

      lol…boy i does see things on dno

      Are ‘WE’ going to appeal?

      lol…not judgements people does appeal nuh idiot?

    • Brain DAMAGE
      August 13, 2012

      sick brain.

  11. Pedro
    August 10, 2012

    These charges were brought against the UWP to intemidate the people. The Dominica Royal Police became the privates security force of the labour Party under Carrette. Let us just hope that this period is over.

  12. Met Yo
    August 10, 2012

    Boy Pestaina made Carette look so inept and incompetent its not even funny. He must have been waiting for Mr. to clear the way so he can right some wrongs.

    So guys, listen up…we have the all clear now…when we shutting down de spot?? :lol:

  13. southcityboy
    August 10, 2012

    Well done Gene! It shows that your office should be free of political interference. And that you are operating independently. I am proud of you. I hope the other so call independent professionals will perform their duties accordingly.

  14. Massacre
    August 10, 2012

    When the people are ready to lead the leaders will follow. And this is exactly what Dominican does not have “people who are willing to put their lives on the political line to pull D/ca through these hard economic times.”
    There are many smart and educated people in D/ca who know how to pull the country up but it is the same idea of if I do it the children of so and so wil benifit, therefore I am not.
    I mean I have spoken to many Dominicans and they they have told me that it is true that DLP is not doing a good job by creating sustainable jobs , but still are not even willing to discuss anthing about alternatives to these solutions. It is time to remove Labor party.

    We need more political news on DNO.

  15. is that so?
    August 10, 2012

    Well…in my honest opinion, if what Mr. Pestaina presented is true, why wasn’t that presented around the time of arrest or even shortly thereafter? Wasn’t the office of the DPP sufficiently aware to notice this loophole? What kind of lawyers work there to not notice this sooner? Your revelation is too little too late, Mr. Pestaina because all this drama could have been avoided.

    • Met Yo
      August 10, 2012

      He had to wait for Carette to retire. :mrgreen:

  16. Peeping Tom
    August 10, 2012

    Well, to those who ever thought that Mr. Pestaina operates under the directives of the political administration or that the judicial system is abjectly corrupt, this decision by the DPP should educate them to the contrary.

    the decision, itself, as it is explained, is curious. I think many, not only legal minds, would disagree with Mr. Pestaina’s assessment of the event. For example, the fact that an event is organised and/or led by “the constitutional Office of the Leader of the Opposition,” does not necessarily make it legal.

    The DPP is a juicy document that must be studied and can be attacked from multiple angles. It is truly far-reaching in its scope and its rickety logic.

    Stay tuned, folks.

    • Peeping Tom
      August 10, 2012

      «The DPP is a juicy document …». No, that should have read… the DPP’s decision is a juicy document…

      BTW, why did it take the DPP’s office two years before realizing that the State had no case?

    • Met Yo
      August 10, 2012

      No sir, the DPP not in allu commess. That’s what! Now don’

  17. Anonymous
    August 10, 2012

    Well done Mr. Pestaina you kmow your rights. Keep up the good research
    We love you

  18. Met Veya
    August 10, 2012

    this decision bt the DPP must not be seen as a means of having protest without permission, The police was not proactive as the report quite rightly stated.

  19. GOM
    August 10, 2012

    Right thinking Dominicans will soon find out that what we need to concentrate on is the steady decline of this country into Hell by rogue elements parading as leaders, whose modus operandi is waste of our resources, the impoverishment of the country, the fattening of their pockets,the creating of a mendicancy syndrome,the abuse and cursing of our supreme law (the constitution) and nothing else.
    Can you imagine we have so many young people unemployed and $27 000 000 was spent on a house? Don’t mention the prostituting of our passports!
    At the end of the rope i am just hoping questions will be answered.
    GOOD JOB DPP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  20. palais
    August 10, 2012

    Power corrupt they say
    And absolute power corrupt you
    Absolutely
    It would take a dimpled man who was shy and broke
    Make self centered , corrupt and bold

    When they have power and authority
    They don’t give a darn about nobody
    They prostituting our our islane
    To all and sundry
    They selling our passport dry
    Corello, Dawood, Singh and King
    Not forgetting Suzanne oldie
    Oh Dominicans Why oh Why

    Think it over my friend
    Think it over again
    Think it over don’t be vex with me WIKILEAKS
    Think it over I see it as I see

    • genesis
      August 10, 2012

      If i could give you a thousand dislikes i would. no sense

      • Met Yo
        August 10, 2012

        it’s easy u know…go across Dominica and log unto DNO and click dislike. zeh zeh :lol:

      • palais
        August 10, 2012

        If i could give you a thousand hugs and I would but I will wish that you get some water and wash the “lassie” off your eye. We have plenty water so get on with the eye washing program

  21. jump
    August 10, 2012

    Well they must way you BLUE.

    • genesis
      August 10, 2012

      So what if he is blue? does that make a difference? he is free to vote where he wants. He is just doing his job. Stop making everything political.

      • Ileen
        August 10, 2012

        I hope he does not get fired for that. Let us look and see.

  22. Not a herd follower
    August 10, 2012

    Well, I am pleased that the DPP decided to discontinue the case. There are far more important and, I dare say, egregious acts for the DPP Office to pursue with its limited resources.

    • Peeping Tom
      August 10, 2012

      So, Not a herd follower, you are saying that justice must be selective? Let us focus only on those cases that some consider «important»? Lol!

      You confirm what i have always said about Dominicans. Justice is only justice when it serves them and their interests. How do we build a nation with such prehistoric logic?

      • Malatete
        August 10, 2012

        Tom, please don’t put words into people’s mouth where there were none in the first place. “Not a herd follower” never said, or even intimated that justice must be selective. I happen to agree with the DPP and it does not make one iota difference where the people charged are blue, red , green….or even black! EVERYONE has the right to demonstrate peacefully. I do believe it is enshrined in our constitution, thank God. This prosecution was ill-advised in the first place.

      • Met Yo
        August 10, 2012

        How could Corallo be on the interpol’s most wanted list my brother? Where was the due diligence my brother before issuing him the diplomatic passport?

      • Not a herd follower
        August 10, 2012

        As the DPP said, there was no public interest in pursuing the prosecution of this case. The public interest was not injured. It is not all the cases that are submitted to the consideration of the DPP are filed with the Court. The DPP has to weigh the merits, demerits, the evidence and the interests of the public in going forward with a case.

  23. Morihei Ueshiba
    August 10, 2012

    This is the beginning of the end of the layba party! :lol:

    • T
      August 10, 2012

      The Skerrit Labour Party has to concentrate on moving this poor country forward, and not on harrassing the opposition, by its operatives in the police force.
      Well done DPP!

    • Malgraysa
      August 12, 2012

      Maybe it should be rechristened “Lay-by” party?

  24. Doc.Love
    August 10, 2012

    Mr. Pestaina,Doc.Love,loves you.

  25. KAR Rette
    August 10, 2012

    What a waste. Obviously Carrette was just playing the politicians game. This is all part of the corrupt practices of this administration.

  26. Smh
    August 10, 2012

    UHhmmmm OK ..So.. what so “BREAKING” ABOUT THAT :?:

    • Reader
      August 10, 2012

      Of course that is breaking news!!! You not seeing how close Spags come to going to jail for 6 months or paying big money? I don’t know about you but I don’t want the leader of the opposition of my country on radio pleading for money or doing time!!

      • Peeping Tom
        August 10, 2012

        :lol: :lol: :lol:

      • Princess
        August 10, 2012

        That is funny! lately, i have not been getting much jokes on DNO, but this is cool for the day. :lol: :lol: :lol: :lol:

      • Met Yo
        August 10, 2012

        U will know who will take jail and how much money and assets that will be seized. Plee tah Plee twist

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