The executive of NJAM [National Joint Action Movement] unequivocally condemns the cynical, capricious and contemptuous attempt of attorney Lennox Lawrence, counsel for the Prime Minister, to improperly influence the DPP to discontinue the private prosecution brought against the Prime Minister and some of his Cabinet colleagues for the offence of treating.
It is indeed shocking that despite the decision of the Caribbean Court of Justice ordering the Chief Magistrate to appoint a magistrate to hear the case against the Prime Minister and others, and section 72(6) of the Constitution which expressly states that in deciding whether or not to continue or discontinue a private prosecution, the DPP must rely on his or her own independent judgment, subject only to advice from the Attorney General, a senior lawyer would seek to persuade the DPP to protect the Prime Minister from being held accountable for his actions.
Make no mistake, this is a shameless attempt to grant the Prime Minister carte blanche immunity from prosecution for alleged illegal activity. Mr. Lawrence seeks to justify his inexcusable conduct on a number of dubious grounds,
including the delay in the case and the fact that the case is simply too complex and significant to be handled by private prosecutors in the magistrate court.
These arguments have no merit. First, the delay in the case was largely the result of the High Court judge taking all of three years to render a decision in a case which can charitably be described as being moderately complex. Second, Mr. Lawrence has shown a woeful ignorance of the jurisprudence and scholarly literature concerning private prosecutions. Indeed, in a 2009 case of the OECS Court of Appeal, no less a jurist than the current Chief Justice, Perreira J.A., stated the following in a dissenting opinion:
The retention of the right of a private person to bring a criminal prosecution is an important safety net where those vested with the authority to bring and conduct a criminal prosecution decline to do so without just case.
In the very same decision, Baptiste J.A. stated that:
A decision to prosecute or not to prosecute should not be informed by political considerations or other undue or improper influence or pressure.
In the 1975 case of Gouriet v. Union of Post Office (1975) AC 435, Lord Wilberforce had this to say about private prosecutions:
The individual in such situations, who wishes to see the law enforced has a remedy of his own: he can bring a private prosecution. This historical right which goes right back to the earliest days of our legal system…remains a valuable constitutional safeguard against inertia or partiality on the part of authority.
Lord Diplock went even further in the same case. He stated that private prosecutions are “a useful constitutional safeguard against capricious, corrupt or biased failure or refusal of those authorities to prosecute offenders against the criminal law.”
Nowhere are the observations of Lords Wilberforce and Diplock more relevant than they are in Dominica.
We have seen private attempts by a former Chief Magistrate to lay criminal charges against counsel for the Prime Minister flushed down the legal drain. We have seen attempts to ensure that the Prime Minister is in compliance
with legislation concerning the declaration of his assets aborted and stopped dead in their tracks. We have seen the illegal diversion of public monies from the Consolidated Fund without a whimper of protest, let alone prosecution, from the Office of the DPP.
Private prosecutions constitute an indispensable tool to be utilized by citizens to ensure that no one is above the law or should violate the law with virtual impunity.
In its ability to do so, private prosecutions have a distinguished provenance in Dominica. For example, in September 1978, Curtis Toussaint, represented by attorney Brian Alleyne (as he was then), filed a private criminal complaint against Roma Harris of the Electoral Office for “unlawfully omitting to register a qualified elector” when he sought to register to vote on September 14, 1978. Harris eventually pled guilty. Chief Magistrate Sylvia Bertrand fined Harris $500, disqualified her from voting for seven years and had her salary as a registering officer forfeited. A government minister, Luke Corriette, pardoned her a few weeks later.
It is a sad day indeed when counsel for the Prime Minister, whose sworn duty is to uphold the law, would seek to undermine and emasculate it with this letter directed to the DPP. Worse, it is a dark day when some Dominicans, with their silence, condone and countenance this despicable behaviour.
We, in NJAM, stand united in our resolution to fight this flagrant abuse of power with every fibre of our being.
NJAM
Just can’t comprehend why THEM FELLER won’t understand that they are in the minority!
A set of A..holes of the UWP who by all means want to disturb the peace and the development in the country.
Lennox Lawrence is a Lawyer and he is representing his clients! So what the hell is NJAM talking about? Those opposition seem to know everything and want everything to go their way. Their AG(blasting) and PS to Q talk on the block(blue blue} know more law than any lawyer! One talks like she has hot dasheen in her throat the other is like he always ready to fight and always in a rage and anger. Don’t forget the DANGEROUS SNAKE in the grass… the host of TALK ON THE BLOCK… just say the word and that’s it. This guy manufactures issues! He doesn’t look up or down left or right once he hears it , no FACT CHECK and it involves the PM or the Government, well that’s it for the entire day or week. Don’t talk of THEIR MASTER (double L) he thinks he is the Alpha and the Omega. Mr. knows it all.
The reason they are in a minority is what this case is all about… TREATING! By the way Lennox Lawrence is one of Skerrits passport agents and recipient of huge CBI funds in his capacity as ‘developer’ of the Ainichi Hotel in Portsmouth. Corruption Galore!
Madam Clown, please go get something of concern to share with us. It appears that as you walk the streets in your area, you pick up Disgusting rubbish talk from your political mepuis. Ma Clown, 🤡, please be reminded that the Rubbish in the Bin, including your filthy political Rubbish nonsense must be dumped ASAP before the dirty corrupted Flies gather and pollute the environment where our decent people and children gather in company and joyfully play games.
This case is a case of HARRASMENT, and INTIMIDATION brought by incompetent UWP.IBO FRANCE,VIEWSEXPRESSED,% ,read section72 page 66 and 67,1-6 of the CONSTITUTION OF DOMINICA.If you can READ.The majority of Dominicans can read.Just like the GRANMA was like a bible to me,so too is the CONSTITUTION.
“The retention of the right of a private person to bring a criminal prosecution is an important safety net where those vested with the authority to bring and conduct a criminal prosecution decline to do so without just case”. Hopefully DNO will publish this observation. An earlier attempt was not carried.
The authority vested with the responsibility to “bring and conduct criminal prosecution” in Dominica is the police. That is an established fact. Question. When was the police so advised of the allegations of treating by fifteen elected members of the DLP during the 2014 general elections? Who advised the police? Did the police refuse or decline to prosecute? Hopefully NJAM can bring some clarity to this
Ibo,Viewsexpressed,when a case is filed before the court,EVIDENCE MUST be taken into consideration.The CCJ has given a ruling on jurisdiction,not the case.They are saying try the case at the magistrate court.The BURDEN OF PROOF is on the prosecution.The defence is asking for evidence through the DPP.IF there is sufficient evidence the case WILL be tried at the magistrate court.If there is not enough evidence of which there is NONE the case will be discontinued.SIMPLE.Give the DPP the evidence.The DPP has the lawful right to determine which case goes to court or not,as long as he/she is asked to intervene.UWP has rights and these COONU want to take away from the DLP.That will never happen.Did you hear LENNOX LINTON in Marigot,head buried in a paper talking BS about RED FISH and BROTH.Typical UWP lazy,losers.Lack of understanding,from the likes of Viewsexpressed and Ibo France will always cost UWP elections.THIS CASE IS A POLITICAL ONE brought by UWP.They lost they VEX.OUT IT GO easy.
“The retention of the right of a private person to bring a criminal prosecution is an important safety net where those vested with the authority to bring and conduct a criminal prosecution decline to do so without just case”. In this reference there is a clear conditionality for private prosecution.
Was this matter of alleged treating referred to the police? When? If in fact, it was referred to the police, did the police refuse to prosecute? I think I am reading it well to conclude that the matter would first have to be reported to “those with the authority to bring and conduct …….” and when the “authorities refused to prosecute, then the private action would be in place.
So much for those veiled attempts to mislead a not so suspecting public.
A Politice is right.Viewsexpressed,Ibo france,NJAM and % are buried up to their EYEBROWS in UWP SHI,they cannot see their B- – – s.
Everybody know NJAM is political.We the 24,000 who voted DLP will fight bitterly to the end.UWP has rights in court,so to has DLP.BRING THE EVIDENCE NJAM.To long the majority has tolerated BS from a handful of COONU.Bring the EVIDENCE to the DPP or shut up.
@Clown.
Take care you rupture a blood vessel cause when they take you to PMH you will die.
Remember after 20 years this wicked soul called Skerrit has not provided proper health care for all.
It’s ……. like you who were clapping when he said he has health insurance, what about all you!!!
So take it easy!!@
You will fight to the bitter end? YOU are a coward…!
IBO FRANCE,VIEWSEXPRESSED,%,and NJAM,all have RINGS in their noses attached by a chain.Put there by UWP.Traitors all.HYPOCRITES.
Lin Clown 🤡, weird personality is so jealous of us one way or other, but we welcome her discomfort and dumbfounded stupidity thoughts created through her fake questionable incompetent failed Labour government and its incompetent failed questionable DLP Government.
Madam Lin, you’re a Dominican like we are and we appreciate all Dominicans with their thoughts and respect to everyone who has been that right to openly share their concerns and thoughts on the state of our government and its current questionable Governance. Our government and Country has been reduced to begging and claim Loyalty from our poor and unemployed people as our farmers themselves are struggling to survive to feed their families 😤 and we have idiotic Lin Clown🤡 with her outlandish thoughts which gets our people to nowhere 😣. Sad indeed 🥺. Lin Clown, take a ready and wake up your thoughts to understand where iury Dominica’ is and importantly where we are as a people struggling under failed Labour Skerrit & DLP.
Lin Clown 🤡, you appear to be very jealous and sad and I Am indeed exceptionally happy and getting on with my sweet life, while hassle yourself within this fake failed Labour government. Enjoy your fun papa.
Woman..keep your SHI.. to yourself and your SHI… incompetent failed Labour government and your so called failed incompetent Prime Minister. You keep your Red Labour Eyebrow to yourself, we are all ok thanks.
So go take that weird ring from your clear nose and put on your fingers….anyone. We don’t care of your lifestyle. We are only in the interest of our Dominica’and its people in need of jobs and happiness. Maybe you’re caused to be happy with be this Devilish 😈failed Labour government. Well good luck 😃😂 go get a coffee to drink. Blessed 🙏 Day 😇. ..and keep your eyes and thoughts open of this Fake failed incompetent Labour government of yours. They have failed us our Economy and our Dominica and people. Your leader has failed us, knows nothing of state development.
Lin Clown 🤡, it’s not our fault that you continue to be hear these ignoramous stupidity thoughts us which makes no sense and takes we the people nowhere. You’re in the wrong Bin Bobol, get the Hell Out of this stained DLP company of yours before it gets worse upon your fake news.
Our people and country are struggling to survive and be are concerned about the situation they are in unable to feed and take care of their growing children. What the Hell has this incompetent Prime Minister and empty Labour government has done or us doing to raise the profile of our suffering children and families in order to be well taken of in jobs and not discredit themselves by going to fake failed Skerrit’s Red Corrupted Labour Government in order to gain fame and disgusting Loyalty.
Our Dominican is in need of decent trusted leadership and ownership of our States finances and resources not to be abused by this Red Clinic deceptiveness fame to gain loyalty through this failed Red Clinic.We need…
I agree with NJAM for castigating Lennox Lawrence et alia for trying to divert the course of justice. This is unacceptable.
What NJAM needs to do also is to roundly condemn the leadership of the DPSU most particularly Mr. Letang for selling out public servants. This offer of 1.25% increase in public servants’ wages and salaries is mind-bogglingly ridiculous. The extra amount on one’s wages can’t even purchase two tins of milk.
Public servants need to stop paying union dues and flee. In the last two decades what have you gained substantially for contributing your hard earned money that you can ill-afford under Mr. Letang’s pathetic leadership? Shun him for life for his abysmal performance.
Blind followers of Politrickians says silently bye when their beloved leader and Party accolytes make some of the most outrageous and vile comments about other’s. These folks have no credibility.
The statement by NJAM is political
@ A Politics
But the TREATING matter is a political matter. O M G!!
in September 1978, Curtis Toussaint, represented by attorney Brian Alleyne (as he was then), filed a private criminal complaint against Roma Harris of the Electoral Office for “unlawfully omitting to register a qualified elector” when he sought to register to vote on September 14, 1978. Harris eventually pled guilty. Chief Magistrate Sylvia Bertrand fined Harris $500, disqualified her from voting for seven years and had her salary as a registering officer forfeited. A government minister, Luke Corriette, pardoned her a few weeks later.
NJAM can you authenticate your claim? Where is your proof? In any case the case at hand is defective in law. No offence is disclosed.
Where were the members of NJAM when The Judge was being threatened by members of the opposition
You must have had a wet dream… stop clutching on straws now. All you DLP supporters are getting more ridiculous by the day. Skerrit & Co. are laughing at you!
It is indeed shocking that despite the decision of the Caribbean Court of Justice ordering the Chief Magistrate to appoint a magistrate to hear the case against the Prime Minister and others,
The CCJ only decided that the Magistrate had jurisdiction to hear the case, not the substance of the case.
Now that the case is before the Magistrate court the DPP can take over the case and continue or discontinue the case hence the letter from the lawyers of the defendants.
Based on the Commentary above, It is prime time that we the designated people of this Government and Country must expose the hypocrisy and deceitfulness of this fake incompetent Questionable inmature Skerrit and his failed questionable Labour government. Our people in our Dominica need Decency in our Government and our country that this failed Immature Incompetent Skerrit, So called Prime (Odd) Minister of this failed Labour government and who has failed our people and our Dominica where poverty and begging is the hour of the day through through this failed Labour government. This is absolutely NOT a criteria towards the Development and upliftment of our dyruggy people and families. This failed incompetent Labour government has no knowledge nor values for what is meant by meaningful Socioeconomic development concept. This is an obvious failed Prime Minister and his failed questionable incompetent Labour government. We pay our taxes and we expect that it will be well spent. No Bobol.
What can we possibly expect from a person that is a leading passport agent for Skerrit. These people have no scruples much less an ounce of shame. Dominica is at a crossroads and everyone that truly cares about our country should make their voice heard now and speak out against these thugs who call themselves lawyers or worse even government ministers. DA needs to rid themselves of these people in order for all of us to prosper.
Under the ‘leadership’ of the Skerrit-led DLP administration Dominica is disappearing.
*The respect for rule of law – GONE
*Transparency – GONE
*Accountability – GONE
*Honesty – GONE
*Peace, Love &Togetherness – GONE
*Trust in our Electoral System, Judicial System, Parliament, Police Force – GONE
DEMOCRACY is dying and DICTATORSHIP is flourishing well. If tomorrow, Rosie Douglas, Eugenia Charles and other fallen leaders were to visit Dominica from the grave, it would be unrecognizable to them.
Very well written and researched…
I wait with abated breath to see what happens, but i firmy believe that people need to start girding their loins to hit the street if the laws of the land are only applicable to:
Boso
Honourable Lennox Linton
Eddison James
Thompson Fontaine
Brian Linton
Joshua Francis etc , and NOT applicable to a serial law breaker like Skerrit and his gang. If Skerrit is above the law, everyone else should be above the law, including all the prisoners at Stock Farm.
Why is Lennox Lawrence trying to erode the independence of the DPP?
While Skerrit is deceiptfully saying bring the evidence, his lawyers are doing something different arguably with his consent!
What a deceiptful leader.
And joseph Isaac
Well said 0/0, much appreciated. NJM well researched and well presented. Thanks much. Our people need to be updated of the failure and incompetence and hypocrisy of this ongoing overstayed failed incompetent Prime Minister RS and his faiied Questionable Labour Party. We don’t consider the leadership nor this failed DLP as conscious people who appears to be Blind to the status of this Government 🤬 and the interest of our people in need of Development and upliftment of our Dominica and our Suffering unemployed people.
How long can we allowed this failed outdated incompetent Prime Odd Minister and his outdated Labour government to pursue this Nonsensical governance of our Parliament and our Dominica. We desperately need to get this bunch of Labour ministers out if our Parliament and our government. We need that change towards planning our own established development to uplift our people from this Red Clinic Bobol deceitful Labour politics.
Our people need decency not corruption…
bated breath……