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.
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.
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.
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.
is so the DPP din’t push the case with the woman who killed her children.
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.
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!
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
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 .
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.
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!
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.
Carrrete is gone and he is now forgotten……He was unceremonioulsy dumped—good..great…..
Name your next son or daughter. “Carette. We love to hate our own.
Are we going to appeal this decision?
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?
sick brain.
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.
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??
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.
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.
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.
He had to wait for Carette to retire.
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.
«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?
No sir, the DPP not in allu commess. That’s what! Now don’
Well done Mr. Pestaina you kmow your rights. Keep up the good research
We love you
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.
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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
If i could give you a thousand dislikes i would. no sense
it’s easy u know…go across Dominica and log unto DNO and click dislike. zeh zeh
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
Well they must way you BLUE.
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.
I hope he does not get fired for that. Let us look and see.
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.
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?
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.
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?
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.
This is the beginning of the end of the layba party!
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!
Maybe it should be rechristened “Lay-by” party?
Mr. Pestaina,Doc.Love,loves you.
What a waste. Obviously Carrette was just playing the politicians game. This is all part of the corrupt practices of this administration.
UHhmmmm OK ..So.. what so “BREAKING” ABOUT THAT
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!!
That is funny! lately, i have not been getting much jokes on DNO, but this is cool for the day.
U will know who will take jail and how much money and assets that will be seized. Plee tah Plee twist