High Court Judge, Justice Thomas Astaphan has granted an application for the permanent stay of prosecution in the murder case against Yannick Lander. The Castle Comfort man was indicted on one count of murder for allegedly killing Duane Pinard at Castle Comfort in November 2008.
Defense attorney Zena Moore Dyer who represented the accused man filed an application for permanent stay in the matter. Based on her written submission to the court, she urged the judge to consider the delay of prosecution as prejudicial to her client.
However, the prosecution which was led by the Director of Public Prosecution (DPP), Sherma Dalrymple assisted by Marie Louise Pierre-Louis, objected to the application. Dalrymple told the court, of the prosecution’s 17 witnesses, seven were “unavailable.”
Nevertheless, should the court proceed with a trial in the matter, she stated that the prosecution would make an application pursuant to section 31 of the Evidence Act to have the deposition of the witnesses read in court.
The DPP urged the court to take guidance from the 2020 judgment of Justice of Appeal Davidson Baptiste in the Urban St. Brice v Attorney General (AG) of St. Lucia. Although the judge ruled that the long delay in the matter was in breach of the accused’s constitutional rights, Justice Baptiste noted that “When devising an appropriate remedy, the court must consider all the circumstances of the case. The court, in essence, has to look at the whole picture. In appropriate circumstances, a declaration by the court will articulate the fact of the violation of the right, but in most cases, more will be required than words. In my judgment, merely granting a declaration of the violation of the reasonable time guarantee would be inadequate given the circumstances of this case – more would be required.”
However, Justice Astaphan averred, the key issue to be determined was whether the passage of nearly 15 years without the matter being prosecuted infringed section 8:01 of Lander’s constitutional right.
He further posited that it would be unfair for the accused man to undergo a trial in which nearly 50% of the witnesses are not present in court thereby the defense team being unable to cross-examine them on their evidence.
“Half of your case will be untested evidence because of the unavailability of the witnesses. The alternative remedy is for me to order if there is a trial for none of the depositions to be read in court,” Justice Astaphan told the DPP.
His Lordship further contended that the right of the accused man to a fair trial within reasonable time has been infringed and the cause for the delays is irrelevant. “There is no doubt that the infringement has occurred but the question now is, what remedy should the court consider in these circumstances other than to grant the permanent stay,” he questioned the DPP.
“With the passage of 15 years, memories fade and the evidence [becomes] pale,” Justice Astaphan added. “How would an objective person in the gallery react to this case being tried against the accused?”
In response, the DPP said the prosecution was at the mercy of the court, and given the circumstances, she conceded that Lander will not get a fair and just trial should the case proceed.
As a result of the DPP’s agreement to the application, the court ruled that the “only fair” available remedy for the accused is a permanent stay of prosecution in the matter.
Justice Astaphan informed the court that his written judgement on this case will be handed down on June 30, 2023.
boy killing is like nothing
let someone kill him is
a next story a big joke that wi
Granting a permanent stay of prosecution in the murder case against Yannick Lander undermines justice for the victim, Duane Pinard. While the unavailability of witnesses poses challenges, abandoning the case denies accountability and sends a troubling message.
Balancing the accused’s rights with a fair trial is essential, but prioritizing justice must be paramount. This ruling raises concerns about the effectiveness of the legal system and the rights of victims.
How long? Not Long. Truth will out. Correct link below.
https://youtu.be/i-2cdepImTQ
But hold on nuh.. everybody getting off man?
WOW! Taking someone’s life in Dominica is a joke the system stinks. Why so many murder cases are being discontinued and murders walking the streets of DA free. AS long you take one’s life blood is on your hands because thou shall not kill.
Why are the murderers not being prosecuted and made to pay for their murderous actions? Dominica, under Roosevelt’s rulership, is a rudderless nation. Murderers walk free and law abiding citizens such as Lennox Linton and Thompson Fontaine are being PERSECUTED before the corrupt court system for six years and counting.
Jombie talk and Money walks. we need to sanctify the courts and Judiciary in the blood of Jesus!!!!
15 year with no trial? How can that even happen.
Only in Dominica under the current dispensation these things happen. An arsonist who confessed to his crime on remand for fifteen years without being prosecuted.
Dominica has become a criminal paradise. What else can you say after so many murderers walking free.
That’s dominica for you. Sad so sad
Dominica is in a sad state. Murders walk away freely all the time. God help us. No wonder the guys keep saying I will kill you and go sit in prison I will soon be out. Smh. And the murders continues…and the crimes continues
Seriously?? “His Lordship further contended that the right of the accused man to a fair trial within reasonable time has been infringed and the cause for the delays is irrelevant.”FAIR TRIAL FOR THE ACCUSED?? CAUSE FOR THE DELAYS IRRELEVANT”?? Really?15 yrs later, no trial, no one in the DPP’s office/Legal Affairs is accountable for not doing their job?? ‘Killing’ Duane Pinard again every year! From 2008 the public saw this office consistently fail Duane’s grieving family. A mysteriously forgotten case.
Were the Ministry of legal Affairs serious about a ‘fair trial’, they would investigate the mystery of this case. Why
the murdered young man’s family had to wait 15 years with no active case until Ms. Dyer had to file for a Stay.Had she not, the case would still be untried. Ah! Magwaysah!
One wonders why no one gave murdered Duane a fair trial and denied him justice. His family must wait for justice from a greater power. How long? The truth will out. https://youtu…
What we allow is what will continue….RiP to them both
Thats how they does get away with murder
A murder case pending for fifteen (15) years. Only in Dominica under Roosevelt’s dysfunctional guardianship these things are possible.
Dominica is a pariah country outside the circumference of the rule of law.
Wait hold up……..something(s) ain’t right here. First of all, why has it taken 15 years for a case of such a serious nature to go to trial? FIFTEEN YEARS and a murder case not yet tried to completion? Ah wha utter madness is dis.
I noticed the high court judge said that after 15 years, memories fade and evidence pales (whatever dat means). If that is so (definitely not true in all instances as many persons can clearly remember the details of major events they’ve witnessed long after they have occurred), why then was this case allowed to drag on for 15 years without being prosecuted?
What about the rights of the unfortunate victim and his family? I ain’t see no mention made about them & their rights.
Is that what people does go to law school to learn to do? 15 years and no prosecution of a murder case? Nah man…something(s) ain’t right here.
This must be a second death for the grieving family. What a travesty! What an utterly despicable affair. Sure, justice for Lander, by all means; but….where is the justice for those “left to mourn?” This must be a double nightmare for them.
Well, well, well. Only in the Commonwealth.
A young human being was unprovokenly brutally murdered by another young human being and an extensively delayed trial by the court (supposedly justice system) resulted in the accused being set scot-free. My gracious goodness. What does that say about our “justice” system. What does that say about the value we place on human life. God have mercy.
I feel so sorry for the victim’s family and loved ones. But God is good.
This country’s criminal justice system is in absolute tatters. Fifteen (15) long years after a man’s death, and the matter is still languishing in the court system!
What a delay!
According to Reggie Austrie, the self proclaimed dog, (rotweiler), Dominica is really last kar kar rat in everything!
This is what you call a failed justice system! It stinks!
Is the term justice delayed is justice deneid, applicable in Dominica???