Two cases that have been pending before the court for a decade but have not yet reached trial have been discontinued by the Director of Public Prosecution (DPP), Sherma Dalrymple.
Garneth Jolly who was initially charged with three others on drug-related charges will not stand trial for that offense.
On July 14, 2014, in the village of D’os Dane, Jolly, of Loubiere who was at the time an employee of the government of Dominica attached to the VAT Unit, along with Orlando Moise of Petit Savanne, an employee of the Ministry of Finance, Francis Moise of Petite Savanne, an employee of the Ministry of Education, and Clinton Harriette, a bus driver of Petite Savanne, were arrested and later charged with possession of 30,000 grams of cocaine and possession with intent to supply said cocaine. At the time, the drug was said to have carried a street value of $801,000.00.
The four men were each granted bail in the sum of $150,000.00 but the charges against all other accused men were dropped except Jolly. When the matter came for hearing on July 19, 2023 at the High Court, attorney for the lone defendant, Wayne Norde, filed an application for constitutional notice against the DPP and the police seeking a declaration that the 10-year procedural delay infringed on the defendants’ right which is guaranteed by section 8:01 of the constitution of the Commonwealth of Dominica.
The applicant further raised concerns over the fact that the matter against Jolly was still before the court whilst the charges were withdrawn against the other defendants. Norde, in his application, posited that since the charge arose from the same facts it was “discriminatory, arbitrary, and unfair,” to have Jolly stand trial while the cases against his co-defendants were discontinued.
Consequently, the defense attorney sought a permanent stay of prosecution in the matter and the cost of damages. However, while Norde was arguing his points before Justice Thomas Astaphan, the DPP informed the court that she had filed a notice of discontinuance in the matter.
Norde then withdrew the Fixed Date Claim before the court which he had filed on Jolly’s behalf.
Meanwhile, two men charged in a daring daylight robbery at the Marigot Credit Union which occurred on March 9, 2012, will not stand trial for the said offense.
This, as the DPP filed a notice of discontinuance in the case against Iam Massicot and Michel Azile both of Portsmouth. Massicot and Azile along with Mitchel Joseph, Jamie Andrew, and Prinston George were initially charged with attempted murder of Corporal Boycott Yankey, Inspector Oliver Frederick, Corporal Hans Francis, as well as aggravated burglary with the use of firearms on the Marigot Credit Union.
Charges of conspiracy to possess 9 rounds of 9-mm ammunition, conspiracy to possess one 28” gauge shotgun with intent to endanger lives, conspiracy to possess one sub-machine gun magazine with intent to endanger life, and robbery of $36, 851.45 from the Marigot Credit Union were also preferred against them.
From the group of men, Massicot and Azille were indicted at the High Court on charges of aggravated burglary and shooting with intent. However, when the matter came for hearing at the High Court on July 19, Dalrymple informed the court of the notice of discontinuance in the 11-year-old case.
Justice delayed is Justice denied. The practitioners of the Justice system know that, but they continue to discontinue cases involving serious criminal activities. Now that there a many more lawyers in Dominica it’s time to have more judges and other practitioner’s of the judiciary for this discontinuance of cases to be discontinued. Maybe they like it so thereby allowing their friends to escape the arm of the law.
When a crime is committed a police officer is detailed to investigate,in most felony CID has the responsibility.After investigation is completed a case FILE is put together and sent to up the ranks all the way to the deputy commissioner for corrections.After looking at the case file,if there is any problem the case FILE goes all the way back to the investigator to correct the problem.If there is no problem the case FILE is sent to the DPP.Before the case go to the high court,there must be a preliminary inquiry(PI) done at the Magistrate’s court.After which a docket or jacket is put together and sent to the DPP for a trial date at the High Court.So Mr Bwa-Banday from Mahaut,where does the AG
or Minister come in?
What’s wrong with people in Dominica? What are you guys waiting to see to be convinced that the country is gone and we need to take drastic steps to take back the country . People the state will fall into lawless as people will become vigilantes as they will not bother to report crimes knowing that they won’t get just.
Garçon lavay lavay. Take back the country.
What an easy job this DPP has!! There must be an investigation into the operation of office of the DPP.
No law or constitution…
I guess the evidence has mysteriously disappeared in the mean time. The Possie mob got anything to do wit this perhaps? I mean 30 k of coke is a lot of the white stuff to go missing.
Todays Dominica is a banana republic for true, courtesy of its CM.
This place is sick. All these people sitting around without trial is injustice in itself. Dominica need a purge. Our society is messed up. If they committed the crime they have to do time but through a quick flow of process. You cannot have people in that situation for that long. Seems like the length of time is longer than what Prison sentence would be. I hope the state did not have these folks in jail all this time waiting for trial. The place is sick.
But of course, the new role of the Dpp and the court is to help Skerrit harass and prosecute Hon Lennox Linton and members of the opposition that stand for honesty, truth and justice
This has now become the norm.. Murderers are frequently walking free. Justice in Dominica is elusive.
No other time in the storied history of Dominica has things been so abysmal in terms of justice. Ineptness, corruption, political polarization, and malaise have render the justice system in Dominica impotent.
What the hell is going on in our judicial system? Why are these SERIOUS cases taking so long to be heard thereby perverting the course of justice? Where is the Attorney General and minister of legal affairs? Note that I am not jumping on the back of the DPP because she just got her job but my lord my lord!
This brings true meaning to the term justice delayed, is justice denied. While these cases are being thrown out what about those that have been sent to jail after similar delays. Our attorneys have just found a new business in preventing long delayed cases from being tried. The AG and minister should be fired forthwith.