Justice Delayed, Justice Denied: A Case of Double Abuse!

I refer to a matter involving a minor, who, being a passenger on a hired vehicle travelling between Roseau and a nearby community, was driven to a secluded area where the driver attempted to coerce that minor into sexual activity.  After 6yrs, that matter is still to complete its “9 yards” in the Magistrate’s Court. Within that context, I ask, “Was it wrong that the family reported this matter to the Police?”

Simple logic says “No”. But the inordinate delay in bringing this matter to a conclusion defies logic!  Well …at least my logic, as well as that of those closely associated with this case.  Maybe greater attention should have been paid to what appeared to be the first telltale sign of trouble – a one year gap between the time of lodging the complaint and the time that the defendant was brought in for questioning.  In between that time, a formal letter of complaint was submitted to the Police Commissioner by the family of the victim. Since then, it has been a litany of court appearances, adjournments and legal shenanigans as that matter has literally dragged or more correctly, has been dragged through the legal system.

Five years after reporting the incident to the Police Headquarters, the Prosecution completed its case at the Magistrate’s Court! The defense promptly proceeded to file a No Case submission.  The Magistrate ruled that there was a case to answer. But in another legal maneuver aimed, no doubt, at extending the case further, the defense appealed to the local High Court for a review of that ruling.  At the last court appearance in March of this year, the parties learnt that the matter “has not been ventilated in the High Court”.  The case was adjourned yet again (the millionth time and the second time in this calendar year).  By the time the next hearing comes around, (August 2021), it will be over 12 months since that “appeal” was lodged at the high court.

Members of the public, this is NOT a civil matter. We speak here of a criminal case involving the abuse of a minor, one in which the very life of the minor was at stake. Yet, the case has languished at the preliminary stage of our court system for almost 6yrs!!  One would think that, having been referred to the higher court, the case would receive a level of attention with the degree of urgency that it deserves. But no! It must snail through our highest court as well.  As such it is safe to conclude that those closely associated with the matter at hand, may as well prepare for another 6yrs of showing up at the court, another 6yrs of adjournments and another 6yrs of legal maneuverings and exploitation of loopholes in the system.

In the meantime, the defendant has filed a law suit against the family of the victim. He is also free to go about his merry way, providing transportation service to the public, including children!! Are these children at risk of abuse? You be the judge.

The reality is that our system makes a mockery of due process in this and other child abuse matters and in fact, allows for an environment where children can be abused and the perpetrators face little or no consequences. Take for instance the recent case of the man from Wesley who was charged EC$800.00 having been found guilty of spinning a child in a wash machine!!

AH MAGWAIS SA!! Are the authorities serious about juvenile justice in this, the Commonwealth of Dominica? Or is this fair isle becoming a safe haven where innocent children are abused sexually and otherwise by adults and subsequently mercilessly tortured by the very system which is supposed to protect them? Maybe they are, maybe they are not! But given recent experiences, and I dare say my previous experiences as a Welfare/Child Care/Probation Officer, I strongly question the level of seriousness of successive administrations, to the cause of child protection and the related International treaty which Dominica has signed and ratified. It is unfortunate that I have had to come to this conclusion. But the reality speaks so loudly that I cannot hear what the authorities say.

Dominica ratified the Convention on the Rights of the Child, three decades ago on March 13, 1991. One of the four core principles of the Convention is “devotion to the best interests of the child”. Articles 4, 19, 34, 35, 36 and 39 of the Convention are all instructive as they relate to child protection by “The State”.

In the July 25th, 2019 edition of Dominica News on Line, I outlined my concerns about the absence of a Family Court in Dominica, in an article captioned, “In support of a Family Court”. In that article, I sought to speak to our Parliament and Court System (indirectly) by addressing “Your Honor, Madame Speaker”. Judging solely on the comments or the lack thereof on the article, the concept of a Family Court appears to lack the traction and support which I honestly believe that it deserves. This may be attributed to a lack of public advocacy on the subject. Yet, the Family Court is meant to expeditiously allow due process in matters pertaining to the care and protection of children and young persons (juveniles), the very future of our nation. This would also include issues of child maintenance. This Court is meant to shield minors from the glare of public scrutiny and help bring a semblance of closure to family matters within the legal system in a just and timely manner.

The case referenced in this article goes back 6yrs. This is a cruel and ridiculously long time for anyone, more so a minor, to await justice, within the context of a country which has ratified the Convention on the Rights of the Child; that country also claims to uphold the lofty goals of the said convention. These lengthy delays are unfair to both the complainant and should I say, the defendant as well; providing however, that the defense/defendant is not engaged in the process of exploiting legal loopholes and riding on technicalities in an attempt at frustrating the complainant. I shall not repeat myself on the why’s and the how’s and all that is embodied within the tardy court process. But Oh! How sIowly do the wheels of justice turn in this fair land!  What additional pain and anguish we inflict on victims of child abuse! Many child victims grow into adulthood, as is the situation with this case and are still in search of some kind of closure and justice. These individuals remain locked in the trauma of the abuse that was inflicted on them.

I listened with tremendous interest to Ms Jemma Azille-Lewis of the Child Abuse Prevention Unit, as she spoke on national radio, just about 2 weeks ago. She provided, then, statistics on the number of reported child abuse cases on island in recent times.  I regret that I do not have that information to share in spite of efforts to obtain it. I clearly recall her reporting however, that the majority of the cases were sexual abuse in nature. The number of incest cases were as high as 25! Of course, she could only speak to reported cases.

Even then, I raise a couple critical questions here – how many of these cases have been prosecuted? How many are in the process of being prosecuted? We keep shooting ourselves in the foot by not putting the systems in place to expeditiously deal with and support those who bravely come forward to report incidents of abuse. By so doing we provide no encouragement to the increasingly high number of skeptics, who are convinced that our system works against the interest of our child victims. In the circumstances, we perpetuate a social ill, which eats away at the very fabric of our society. It is imperative, that on a humanitarian level, we as a nation address this evil.

By no means am I predicting that the establishment of a Family Court will eliminate all problems related to the subject matter at hand; but it would significantly impact on the number of family related cases pending within the legal system. We must move forward.  At the risk of sounding redundant, I postulate that political will is one major ingredient required in that forward movement.

I submit that it’s time to have a National Tete -a- Tete, spearheaded by the Social Welfare Division, which incorporates Child Care, Child Protection and Probation Services/Officers. Let us look at policies, legislation, procedures and processes; let us identify what needs to be done and what needs to be in place in order to holistically deal with all facets of this child abuse monster.  A Family Court must be an integral part of the process of dealing with this issue.

Dominica, rise up and hear the cry of our abused children! Hear the cry of the voiceless! Dominica, protect the innocence of our children! Allow our children to be children! Dominica, protect the right of our children to enjoy their childhood!

I rest my case…..for now!

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16 Comments

  1. Mr King
    April 16, 2021

    When i was in college overseas, i did a project for a course about the reform of juridical system in the Caribbean and to tell you the truth . The Caribbean system is shit and we have high people in authority who know it is shit and watch it stay in s… because it benefits them . the longer the case the more people get paid . We have too many cases which take too long based on lawyer not present or some other factor and all the court does is move to another date which might be the next year or so . i believe we have to hold these lawyers accountable . if you not present then the case is forfeited PERIOD ! and judgment is made by the judge .. This mentality has to STOP .In America the lawyer is present why in the Caribbean the lawyer is never there .. We must start punishing them

  2. badbaje
    April 16, 2021

    I think a situation like this one we have running unchecked in Dominica, which allows something as hideous as this to go on, and on, and on, deserves it’s own demonstration and protest. Where are the other parents, relatives, friends, welfare professionals, educators, the psychology professionals, doctors and other healthcare professionals who try their best to deal with children who suffer these kinds of abuses. Can’t some kind of demonstration / protest be arranged to try and bring the authorities to address this and DO THEIR JOBS? Are we going to keep telling the children to report this kind of thing to their parents, friends, siblings, teachers etc, then ignore their cries for help? Maybe this driver is moving from one area to another as things get too hot to stay in one place too long. Did he move here from another place where he was doing the same thing and got run out. Someone needs to check his background, see what is hidden behind him.

  3. Ibo France
    April 15, 2021

    We should develop better linkages and synergies among the court, welfare unit, the police, civic groups and the whole of civil society.to protect the nation’s youths.

    In the case of civil society, we all have to become our brother/sister’s keeper. See something, say something.

    We, as a society are too individualistic. Once it doesn’t involved me or my family to hell with it. That’s exactly our attitude.

    The welfare and police officers have be given the requisite training to deal with mounting of these mountainous cases involving all kinds of abuses of minors.

    Child Abuse and Endangerment should be given the serious attention it deserves in order to make a dent in the rapidly growing number of these despicable cases

    The government and all of us adults have a sacred duty to protect our children from every form of abuse and endangerment especially the prying eyes of sexual predators.

  4. Ibo France
    April 15, 2021

    Very sobering and well written article. Many systems and institutions in Dominica need urgent repair and reform none more so than the Justice System.

    Delayed justice is injustice. Here in Dominica, it takes an eternity to get certain cases to and through the court for a final determination. There are too many long delays, procrastination, postponements and insurmountable obstacles to hurdle over.

    Something more MUST be done about unlawful carnal knowledge, incest, child abuse, child neglect and abandonment. Too many sexual predators are roaming the streets looking to bribe or ‘sweet talk’ their next victim

    I hope this article will disturb the consciences of the present legislators and spur them into action to enact laws to protect the next set of would be victims.

  5. badbaje
    April 15, 2021

    This is indeed amazing. The police in 15 minutes can grab an individual at a peaceful demonstration (The demonstration by the bus drivers yesterday), throw him to the ground while they beat him and kick him. While the police takes a year to bring an individual in for questioning regarding a matter like this. A matter of a child being sexually assaulted by an adult bus driver. The people are not sleeping, so no use telling them to wake up, they are definitely DEAD period. In my opinion the police and court system are also co-conspirators in the matter, they are allowing this travesty to go on and on.

  6. A vex mother
    April 15, 2021

    That’s why if any human being be it male or female abuse or attempt to abuse my 2 girls it will be me ant the culprit not the culprit and no police. Is cases like that , that is cause innocent children to hide what happen. Unless it happen to a police , welfare officers or magistrate own they won’t understand what families feel

    • Watching
      April 15, 2021

      You said it right…unless it happens to them they won’t understand the pain..sad so sad

  7. SN
    April 15, 2021

    Well articulated issues. This a a black eye to the legal system.

  8. badbaje
    April 15, 2021

    Vigilante justice is wrong, wrong, wrong. But is very much understood given the way criminals and their lawyers are allowed to use the system to get away with such nonsense. The only question I have, or the only thing wonder is, how come it is not much worst or occurs more often. I am actually surprised there is not more vigilante justice around.

  9. Righteous
    April 15, 2021

    This is very troubling especially the fact that “He is also free to go about his merry way, providing transportation service to the public, including children!!” Pending the outcome of the case, he should be given an order to stay away from minors and to not transport minors in his vehicle. This will no doubt have the defense come up with a more viable solution than trying to delay and delay some more in an effort to silent the victim. This should never be allowed to happen and that individual should be deemed a danger to society and be monitored and ordered to stay away from minors.

    #ProctectOurChildren.
    #OneLoveDominicans #OLD

    • badbaje
      April 16, 2021

      I agree totally. We do not know how many times the driver has done this since this incident took place. We do not know how many young girls have suddenly withdrawn from their families, friends, teachers etc, because of the psychological effects of a similar experience since this case. We do not know how many A+ students have suddenly lost interest in their studies as well as other things like family relationships, because their complaints have been ignored or put on the back burner by those in high offices who have sworn to protect them from this very sort of thing. What a shame!

  10. Gerard Benjamin
    April 15, 2021

    Well articulated Mr Felix. Only adjective that comes to my mind is “heartwrenching”. A damning verdict on the fickleness of our jurisprudence as well as the the generally nonchalant posture adopted by our government and people on this national malignancy. But should we be surprised? No! Not at all. Who can forget ( or rather who remembers) that when UNICEF in 2012 issued the scathing report which awarded our lovely nature isle the title of the leading nation in the region and internationally in child abuse and sexual abuse of minors, the only comment of concern came from the National women’s council. The church, government, opposition, talkshows and civil society all stayed lockjawed. Welcome to Dominica, the land of strange paradoxes.

  11. Iamanidiot
    April 15, 2021

    6 years a case cannot call, but a drone fall in a farm and all of a sudden we hear all kind of “swift legislature ” to pass. We even got a statement from the Minister of Pampa*lam and Drone Affairs. But no “swift legislature ” can pass to handle the child molesters in our midst.
    But come and talk about how a drone can have a gun on it and can see a coin on the forest floor.
    You’re more likely to run into a child molester than a military grade drone mamm.

    • April 15, 2021

      @Iamanidiot, I agree with you that a case as such, above, has taken too long to be resolved. But did you do some research about the impact or effect of drones before you compare that concern with a case as mentioned in the news article? Here is a quick research about drones as stated below:

      Image: mydronelab.com
      “Drone attacks adversely impact the environment and health of the population near the impacted area.
      Explosives can create harmful pollutants, especially used in densely populated areas. When buildings and infrastructure are destroyed, toxic materials like asbestos and other carcinogens are released into the air”.

      I think that is enough to be concerned about a drone flying over my property or community as a whole We need to know and understand what we seeing, hearing, or reading before we jump in with our contentions for or against. We Dominicans, are making that mistake, such as yours above, much too often.

      • Frank N Stein
        April 16, 2021

        Oh look, another drone scientist! That woman picked out the drone part from the entire article to defend her PM. The devil must be deep inside you for you to be so wicked. Ask yourself a question woman.

  12. click here
    April 15, 2021

    …(link removed)… But seriously, we need an SVU (Special Victims Unit).

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