Magistrate Pearl Williams on Wednesday blocked, on procedural grounds, an attempt by the prosecution to present a removal order from the Chief Immigration officer, for four Haitians to be repatriated to Haiti. However, she imposed a fine against the men who had pleaded guilty to attempted illegal exit.
Last week, the four Haitians, Celes Benoit, Wisken Saint-Pierre, Wilvensky Joseph and Asly Tibeau, as well as one Dominican Delbert Michael Xavier of Scotts Head all rendered guilty pleas at their first court appearance.
According to the facts of the case, on Monday, March 22, 2021, about 9:00 a.m, the Commonwealth of Dominica Coast Guard responded to a call from the Maritime Rescue Co-ordination Centre (MRCC) of Martinique about a boat named One-Shot which was in distress about four nautical miles outside of Scotts Head.
Coast Guard Officers, aboard a Coast Guard vessel, went in search of the boat on the south of the island but they were unable to locate the men in that area.
The crew then moved west of Scotts Head where they noticed some disturbance and saw an open keel vessel named ‘One Shot’ registration #J7090SFE powered by one 60 horsepower Yamaha engine. The officers identified the boat as that reported by the MRCC and escorted the passengers to the Coast Guard Base.
On arrival, nine passengers aboard the boat were asked to disembark. Personnel attached to the Crime Investigation Department (CID) processed the men and Custom Officers searched their belongings before they were transferred to the government quarantine facility.
At the hearing, attorney-at-law Wayne Norde who represented three of the Haitians, pleaded with the court to temper justice with mercy, stating that the men attempted to leave the country in search of a better life for themselves and their families.
He told the court that in recent times, it became difficult for the men to get an extension of their stay in Dominica even after having entered the country legally in 2018 and 2019 respectively.
Tibeau, who mitigated on his own behalf through an interpreter, told Magistrate Williams that he suffered from cataracts and he had tried on several occasions to get assistance in Dominica for his illness.
According to him, following many failed attempts, he had requested to be deported back to Haiti but immigration officials had denied his request.
Also mitigating on behalf of Xavier, Norde said the 46-year-old fisherman was a first time offender and trying to assist one of the Haitians who complained of being unwell.
“Your Honour, he agreed to bring one Haitian to Martinique for medical attention but on the day they were supposed to leave, like ants, he saw several other Haitians approach the boat asking for a ride to Martinique,” Norde stated.
Despite reports by the Haitians that they paid Xavier to transport them, he told the court that no monetary agreement was made but the men did promise him fuel for his trip.
At sentencing, the prosecutor again presented a removal order for the Haitians on behalf of the Chief Immigration Officer.
However, Magistrate Williams dismissed the order and stated that at the adjournment last week, she had informed the prosecution that such a request must first be filed before being presented to the court.
In doing so, she said the prosecution affords the defendants a proper opportunity to defend the application brought against them.
She dismissed the said application and imposed a fine of $2,500.00 to be paid forthwith by each of the four Haitians. In default the men will be imprisoned for three months.
As it relates to the Dominican, for his involvement in the matter, he was fined $5,000.00 to be paid in two instalments. The first payment of $2,500.00 must be received on or before April 30, 2021, and the balance of $2,500.00 to be paid by May 31, 2021.
In default, he will be imprisoned for six months.
According to the police, the four other men aboard the boat which included three Haitians and a Dominican, are said to have escaped whilst in the government quarantine facility.
Truth be told,Dominicans will NEVER vote out DLP,as long as BLIND COONU like you,Ibo and viewsexpressed continue to breathe.Why is the international financial community continuing to give DLP money?Why did UNCLE Linton and the Lazy,Lying UWP lose 1,163 votes in the 2019 election?
Is the magistrate serious? What world, which Dominica is she living in? Which boatman will risk life, limb, property, name and reputation to take anyone across the ocean just for gas? The plead guilty to the charge of leaving the country illegally. Whilst the letter of the law may one thing, what about the spirit and intent of the law?
Is the punishment befitting the crime? Is the punishment a sufficient deterrent to stem the tide of Dominican boat owners taking this in this very dangerous activity? what message is the court sending to the law enforcement officers who themselves risk their health and safety to secure the borders of the country?
This is a classic case where the court is not sending the kind of signals that is necessary to assist the law enforcement in going after those human smugglers.
What a reprimand. That is very obvious situation when the proverbial “one hand is clapping”. Cannot understand why the Court cannot see beyond the written word. What about the clear intent of the law makers? And that is to dissuade anyone from leaving the State illegally. The people agreed that they were leaving illegally.
Which boatman would take such a risk to take anyone across the ocean into another country with all the associated risks, natural and man-made for “gas”? is the learned magistrate serious? The lawyer agreed in his mitigation that the boatowner agreed to take only one person to Martinique for medical reasons, but then on sail day, the others came like “ants” much to the surprise of the boatman. What a story to tell. he still ventured with everyone for free?
Give me a break madam magistrate. That is a clear situation when the work of the police is not appreciated. I wonder in what Dominica is she living in.
And where they are going to find the money to pay the fines when they were leaving Dominica because they were brokes. Perhaps the same place where the police catch two men with US 500,000?
You can’t deport the Hatians for illegal activities, they are charged $2500. But the Dominican is charged $5000 for involvement in the same illegal activity. Is this voodoo justice? Is the magistrate afraid of Hatians?
Well brother, look at it like this. Hatians took a single trip but Xavier had to make a return, so is double double you pay. You think you can do things without Skerrit approval and somebody not getting his cut somewhere. No, no no. Coming in Haitians must pay and going out they must pay again, They are our brothers but business is business after all.
Oh my God, even Haitians begging to get out of Dominica – well things bad! And all you want Vincentians to come in all you misery – I know that they say misery loves company! Let Vincentians go to Trinidad, Barbados, St Lucia and Antigua. St Vincent knows that Dominica is hard-up anyway! But Dominica PM desperate because the Ross University failure in Portsmouth and all those empty hotels and apartments are now hunting him! For all these reasons Dominicans should have already rid themselves of this failing Labour Party Government!
@Truth Be Told, how can they come begging to get out after they entered illegally. Do you find that a good reason to talk down your homeland–or are you Dominican?