Chief Magistrate Evalina Baptiste has expressed frustration at the volume of adjourned matters that is clogging the court system and says she is determined to have the matter fixed.
Speaking in court on the issue, Baptiste expressed her “disgust and frustration” as a young woman desperately attempted to have the magistrate adjourn a matter dating back to 2010, which involved the woman and the state.
The court had already granted several adjournments in that matter and was set to proceed on July 5, 2012 but with her lawyer being absent, the defendant asked for another adjournment which the magistrate flatly refused.
“People are out there blasting the magistrates saying they are not doing their work and don’t want to do certain matters but they are not hearing the other side where people come to court and continuously ask for adjournments,” Baptiste said.
An obviously annoyed Chief Magistrate told the defendant that if she were to grant an adjournment in “that simple matter” she would “recuse herself” – views also articulated by the prosecution.
“All people do is come to court and ask for adjournments in almost all matters…we have work to do and this is frustrating, this is a simple matter and I am fed up,” she said. She gave the young lady in question one hour to get another lawyer to represent her in the matter.
In an interview with DNO, Baptiste explained that “on any court day, we usually choose the oldest matter for priority hearing followed by the PI matters. However, many times we are ready to go and then we receive correspondence from counsel. We then have to weigh each case on its merit and in the idle circumstances; we would have liked to complete each matter within nine (9) months. The constant adjournments are rather frustrating and the court system does not have enough teeth to bite.”
She told DNO that it becomes even more “frustrating” when defendants ask magistrates to recluse themselves in matters that have started and are far ahead. “When this is done, that matter goes before another magistrate and has to be started all over…..the system does have lots of problems which are frustrating at all levels,” she complained.
Baptiste conceded that more courts and magistrates are needed to help the system function much better but was quick to add “that is for the powers that be.”
Meantime, Peter Alleyne a defense lawyer, agrees with the Chief Magistrate but said the shortage of magistrates, coupled with the fact that lawyers are “sole” practitioners with conflicting court dates in the high court and Masters court, further compounding the matter.
“The system needs a review……merger of the magistrate’s court with the high court, we have major systemic problems,” Alleyne stated.
Cudos Chief Magistrate!!!!! I am looking forward to seeing a more efficient court system.
I congratulate the honest, hard working people of Dominica who are sick and tired of all the BS and are taking a stand toward productivity.
the Dyers win first second and third prize when seeking adjournments.This nonsense must stop because justice delayed is justice denied and then revenge takes over.
well it comes from the horses mouth..haha what a joke and they have the guts to talk about CCJ..
The Best advice for Nationals in Dominica is to continue to embrace the Privy Council!…
Again it manifests itself head on..the lack of Professional folks in Dominica to raise their Standards…thats what i dislike..its like a body blow whereby the island is crying im Dying!
I am in total disagreement with you.On the other hand the ccj might even help us to improve our standards.You must not forget the ccj is only going to be the final court of appeal.
Honestly i believe you are too stuck to your old colonial masters.Knowledge doesn’t reside only in the heads of your colonial masters, caribbean people are smart too
Beyond the constant request for adjournment, we backlog the court docket with petty offences. Let us decriminalize possession of one splif (I’m not saying a whole bag) – possession of one marijuan cigarret shouldn’t waste the court time. If we don’t want to have folks walk around smoking, then set it up so that the police have authority to isuse a citation on the spot. Total waste of court time and resources to prosecute these cases. That should help with the backlog.
instead a war on finding jobs for our youths ,we have a war on the ganga herb so police can harrass me ,how u expect there to be no crimes wen there is no jobs,how the youths go eat
de yout dem go eat by the sweat of their brow nt by sittin on de block and smoke ganga an steal things.. dem too lazy ras jail dem all.
@ well i agree wit u it barely have sixty thousand and it have all and X coming and disagree. So u joining them and add the 10,000 combined haitians and santos that here on their 3 months in- transit waitn to leave for our sister islands
The chief magistrate made some valid points relative to the issue at hand,however she seem to have deliberatly left out some of the frequent circumstances which contributes to the back log of cases in the court. There are times its ten or eleven oclock on a Monday morning and the magistrates are no where to be found. There are those who report sick just to stay home to watch international cricket on television or when its being hosted on island. When some magistrates have their personal business to do they come to court and look for the simplest thing to get them angry just that they adjourn all other matters and go bout their business and the list can go on and on. There have also been instances when magistrates are close to certain defendants rather than reclusing themselves from the matter at the very begining they constantly adjourn and adjourn the matter for years and as soon as the complainant or other witnesses in that same matter would be absent for once the magistrate takes the opportunityto strike off that matter.So its npt all about lawyers, defendants and witnesses. Magistrates too contributes to the slugish court system.
them police not doing there work they just drinking rum and siting down and when u go to they police station they just there lazy and geting fat
:oops
IN march i went to court for a liquor licence i did not get it because they police did not come and watch and ever time u go to court they give u a date we in july up to now stupes i give up
everything is downsideup, outsidein, and fronttoback….
Indeed, we need more courts (perhaps more specialized courts- Family, Traffic, etc combined with more efficient ways of handling minor routine matters that clog the system.
We do need more magistrates and more respect for those who accept the call to serve as magistrates, including people like Bahanzin.
We need more legally sound decisions and judgments and less political interference in the court system.
But then, the salaries and benefits of magistrates should be increased to attract the caliber of people we need, even though we cannot pay EC 9,500.00 a month with traveling, housing and entertainment allowances like the 16 ministers of the Labour government. Definitely, magistrates need better working conditions and as a society we must give more respect to those men and women who have accepted to serve as magistrates, rather than seeking to destroy them for partisan political reasons.
On the next level, we also need our politicians to respect our laws and constitutional provisions. We need less bias judges with personal axe to grind in our courts-like justice Cottle and the big brother Justice of the Chief Magistrate. We need to expedite the consideration of constitutional matters before our courts, especially when it pertains to election petitions.
Yes, we need more vocal magistrates and legal practitioners like Ms. Baptiste, Ms. Augustus, Mr. Alleyne and Mr. Richards, who are not afraid to speak on the legal wrongs in our society. In conjunction with that, we need to finalize and enact the Legal Practitioners Bill, which has been presented to parliament and is said to be ready to be made law. We need more views like those expressed in the article
We also need night courts.
sometimes I dont even know what am saying….please forgive me. I want my business to thrive and not suffer. My apologies on the piece on POLITICAL AXES TO GRIND; my ass pen slipped.
Wey wey we!
Is it recuse or recluse, as stated in the article. please clarify.
I can understand the Chief Magistrate’s frustration. She has every reason to be concerned and after numerous adjournment, for even one case.
No thumbs down, thank you! 
Thank you DNO! God bless every one! His peace be with you!
I have previously stated that those lawyers must take their position seriously. They must know that they cannot be in three places or more at the same time. Therefore they need to organize their schedule accordingly. Good organization avoids anxiety and stress. It also projects discipline.
Consider a staff being given multiple tasks which must be completed and by a certain date. Well, this staff needs to organize his/her work and place priority on the ones which are more important than others. Once this is done, the staff must not rescind on that plan unless for some emergency.
My instinct informs me that some of them may keep adjourning the cases in the hope that their clients will be acquitted; that the Magistrate will dismiss the case. It is a cop out.
When lawyers and also police do not show up for cases, the latter to testify, this is what eventually happens. It is a trick and pulling a fast one on the Court. Therefore Chief Magistrate, be aware of that.
Be serious fellow Dominican lawyers. It is important that you appear at Court and to defend your clients. They are people too. Do not act as if they are nobody and that defending them is nothing and unimportant. You are highly paid. Your lack of attendance and adjournment cost the government a lot of money and time. In most cases, if not all of them, you have already been paid. Your clients including the government paid an exorbitant sum of money, the latter, for those who cannot afford a lawyer and therefore you have a commitment to the government, where applicable, to your clients and to the Court. This also includes the taxpayers.
Let us hope you pay heed to the Chief Magistrate’s grave concern. Otherwise you may have to be suspended or dismissed from representing clients. You know the saying, “Two strikes and you’re out.” Time for a serious change.
Let us smile about this and not be too serious. Work is work. Work must be taken seriously and work must be performed and fulfilled to the best of our ability.
I am giving you a taste of what is occurring in the country I reside in, Canada and of course my work experience. I thank the Lord too for my insight into such matters.
I love DA and I want what is good for it and its nationals be it that I am residing at a distance. Thanks to DNO for providing us with current news and tolerating us and our comments.
The court system is a joke! People are waiting years for cases to come to court. What has happened to the trial of Shanice Jermot the young lady abducted by the man Webster from Layou! That poor young girl has been to court several times only to have the case adjourned! This case has been adjourned a number of times and the young lady Shanice has prepared herself to go on the stand several times only to be let down by the system. Has anyone any idea how terrible this must be psychologically for anyone let alone a young teenager! How can the Island and the court be so cruel to this child she was 14 when she was abducted!! Please do something DNO and everyone reading this comment to help Shanice. All the newspapers were there at the time everyone was horrified Shanice was kept in captivity for 40 days and nights! How many of us could stand this let alone a child! Please let us draw attention to this case! Why is Shanice forgotten………………… Unbelievable……
Nature Girl, you are quite right. Poor Shanice will not know peace until this matter is resolved. Plus, there are many people on the island who still think that she is to blame for what happened, and the true facts coming out in court, followed by a sentencing should stop at least some of the gossip.
But not only this matter, what has happened to the men who murdered Joe at Pagua, and other high publicity cases? All has gone quiet.
And civil cases – I personally have ben waiting 3 years for a court date to prosecute someone who stole from us – latest excuse being the judge was ill.
Yes, something needs to be done – and soon
A civil case for theft? u wrong on that one. Get your facts straight.
Dominica barely have sixty thousand people and there is so much mis-management of the court system?!! I go around the city of Roseau and on almost every corner is a sign for a lawyer/solicitor Practice yet we are unable to site reliable and efficient lawyers/solicitors to step in and cut down on this mal-managed system? I see the same scenario with Doctors offices. Dominica is doomed at the highest level if the so-called qualified cannot manage the basic procedures they are qualified for. I have also noted that the Secretaries of these so-called lawyers/solicitors are the ones doing all the work. The lawyers/solicitors just show up in court with a file and only take a read at it just before court session commence. I can only speak/write on what I have personally witnessed. Where in Dominica is there to go that a lawyer is never in office or available to assist a paying client? They must be getting paid from somewhere cause some of them are literally always out of state. Questions without genuine answers is all we have. Yet we have so many un-employed and they tell us no jobs.
the last census concluded in 2011, the population was 70,000 yet still u coming and spread misinformation saying that the population is barely 60,000. luckily i know better. it’s a shame how some people thrive on spreading false information.
Your comment doesn’t make any sence. What does the the population of D.A have to do with the Lawyers doing their work?
what seventy thousand, that is a lie.. tell trhem stop checking them hatians.. and spanish, we talking bout dominicans..
wow
@WELL
You are correct. A friend in DA informed me about a real estate and other relevant situation and that the lawyer is so slow to as much as prepare a document and to complete it.
I concluded that DA needs dedicated lawyers, who take their career and clients seriously. After all clients are paying them exorbitant sums of money.
My cousin is still waiting on her real estate lawyer. These lawyers are disgusting and they do shoddy work for an exorbitant amount of money/a piece of land left behind by a loved one. Sick.
we need more women in these positions
@ tiny
Hi Tiny, is that you? If it is you, long time no hear or do you write as others under different names.
I do not totally agree with you. We could make the same statement for doctors and politicians. Having more women is not the answer to the Chief Magistrate’s present concern.
Women and those who are married with children may have their personal concerns and obligations in this respect. This does not mean that they will always be capable of attending hearings. As an example, consider if a child or also her husband is sick and suddenly. She will have to excuse herself from Court. The case will have to be adjourned. Therefore, let us not see only one side of this matter. Look at it both ways.
lol. make ma dyer the magistrate
the lawyers know all too well how to fustrate the system. It is time something is done. If according to Alleyne, the “sole practitioner” issue is adding to the problems, then the attorneys, if they interested in pushing the system forward rather than simply “milking the cow” (the public), then something ought to be done. Good to see the Chief Magistrate in such afirmative action. Unfortunately, she might not be around to push it through.
She is not going anywhere, she was not appointed a master. she completes less cases due to her other duties. The facts about adjournments are partly true but the toughest Magistrate on Adjournements and generally the hardest working Magistrate was removed from the Bench, with the silence of his colleagues, so now they all have more work to do. They should bring back Behanzin! Seven dead from those he had either committed to prison, or who he denied bail!
I agree with you chief call the cases now! and Finish with it they too wortless they believe if you keep adjourning it will be thrown out so call it one time whether or not the wortless lawyer not there.
Wow frustration & conflicting court dates … Who are the powers that be? Seems to me alot of magistrates just seem overwhelmed with there workload and the process of jurisprudence in Dominica.