Deputy Leader of the United Workers’ Party and attorney-at-law, Joshua Francis has called for those who were negatively affected by the tear gas used by police in Roseau, on Saturday, December 15th 2018 to seek compensation from the state.
Speaking on Q95’s Hot Seat on Thursday morning, Francis addressed the use of tear gas by police at what organizers have described as a peaceful protest for electoral reform.
He urged those who suffered in any way to turn to him for legal counsel.
“There is legal redress, and as such, those who were personally affected—whether they suffered issues psychologically, emotionally, or physically— they can come to speak with me, and we will look into the matter, and if there is a case, definitely, we will challenge the state for what is deemed to have been an excessive use of force by agents of the state, namely the police officers of the Commonwealth of Dominica,” he said.
The attorney explained that while the decision on whether the use of the chemical was excessive is left up to the court, citizens must exercise their right to pursue necessary legal action.
“The determination of whether the police force was excessive or arbitrary is left in the hands of the court, but it is useful to exercise that right. We live in a democracy and the court is responsible for the interpretation of the law, and actions and inactions of citizens of the Commonwealth of Dominica,” Francis elaborated. “At the end of the day, if it can be shown that the police force used excessive and arbitrary exercise in the release of the tear gas, hence leading to the injury of citizens, then the state has to be liable.”
He claimed to have received a report of a female protestor who is experiencing adverse effects following Saturday’s events, and advised that anyone who wishes to take legal action would have up to six months to do so.
However, Francis also stated “That is just one element. We would have to satisfy the court that the use of the tear gas was arbitrary.”
Francis hinted that the protestors received rash and unfair treatment from the police due to political ties.
“In my view… the information which I gathered would suggest that the police officers were not justified, they were not reasonable in the use of the tear gas, because the peaceful protestors did not suggest that they were going to do anything harmful to the security of Roseau, or the state by extension. They did not suggest that they were going to damage a building or perform an injury on another…” he explained. “It would appear that a couple of heads at the police force were politically emotional, and gave that command.”
Police Chief Daniel Carbon defended the police action in a statement in which he described the protest on Saturday, December the 15th and another held the following Monday, as “unlawful” because, he said, the CCM had not applied to him for permission to hold the protest action.
“These protest actions were unlawful. They had no permission. The Commonwealth of Dominica Police Force is obliged by law to ensure that the citizens and visitors to the country go about their business undisturbed, unhindered and the police force must protest the life and property of citizens. The police force acted lawfully in dispersing the crowd because it was unlawful protest action,” Carbon contended.
Do you remember the Chinese giving the government military supply. Well this is the evidence at hand. The prime minister is sure developing his own army. Dominica finish, keep quiet and not speak for justice .
Dominican are doom to suffer by this dictatorial government.
This sounds and reads like a pathetic sales pitch of a used car sales man who is broke but trying to sell automobiles that are lemons or on recall. The man was arrested for …………… as reported by DNO , was thrown under the buss by his Jim Jones leader, was retrived like a lost penny, remains a member of the house of Assembly where he continue to disparage women and children with impunity. But those uwp operatives will come to the end of their rope where we will be waiting with a lighter. They will have nowhere to go, no where to hide and will remain suspended in the air.
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Mr.Joshua Sir, what defense attorney can stand with those in question to give them a win against the State?
I am sure that the first question from the States attorney to the victim would be: “Why were you affected by tear gas?” I would love to hear that answer–Good Lord!
Taking legal action would be a waste of time and money. Base on the Riot Act the police had all right. Based on the unlawful protest the police still gave a proclamation to disperse, which they fail too. Put politics aside but all the ppl who they advicing to take legal action should make the opposition pay the legal fees for them. Do not take you all personal monies thinking u all have a case.
About carbon comments, carbon is just a dumdumb. We went to school together, not smart at all.
Joshua, my eyes, my eyes… we going for a cool million.
Joshua Francis, The police was only spreading white powder because they could not find a church nearby anyway why were you all misbehaving and blocking the roads. I say power to the police you doing a job.
Merry Christmas to all at DNO.
ADMIN: Merry Christmas to you as well.
This action by opposition oppressors have certainly tainted the Christmas season. They must be agents of the people who are always trying to steal peoples Christmas joy. Some Dominicans in New York are the first and only people who ever celebrated the season with a political demonstration. But not me they catching with their stupidity .
That case would have no grounds, especially as they did not seek permission to block a public road, depriving citizens there right to free travel. What if the remaining public decided to take legal action against the UWP for unlawfully restricting their movement? I guess that would be another story…. the UWP needs to learn to follow the law.
Take action against UWP for what? Is CCM a branch of UWP? Or are they separate entities with the same ideals? Also, can DNO please help me clarify something? What is a permit needed for? A protest or a demonstration? I remember that abpermit was needed for one but not the other, and I’m not sure if that has changed? What exactly is the position on these?
ADMIN: What we can confirm are the facts as reported. The CCM’s and UWP’s position is that a permit is not needed for either a protest or demonstration in order to stay within the confines of the law. Tony Astaphan mentioned this as well: https://dominicanewsonline.com/news/homepage/news/astaphan-says-ccm-protest-calculated-to-destabilize-government/
However, the Police have repeatedly stated that blocking the public road is illegal and permission to do so is required.
It’s time to call out Dominicans who want reform to our electoral laws out again ..We must show Carbon and the DLP goons that we shall not be intimidated. Make it a Saturday again!!!!
Skerrit Must Go
Skerrit Must Go
Lazy Skerrit Must Go Now
These DLP goons dressed in green,are clearly enemies of the opposition ..It was an unprovoked action by idiots dressed in green at the behest of their political masters …
Why these goons always turn out at opposition gatherings to threaten and intimidate the people is also a political decision …Carbon,the most buffoonic Police Commissioner Dominica has had,instead of simmering down after this barbaric action of the goons, went on to make more threats like an accomplished illiterate,by talking about dire consequencies… Hope this numskulls is dragged before the court to answer questions.Wicked!!! I encourage those affected to please go to the lawyer!!!!!
Skerrit Must Go
Skerrit Must Go
Lazy Skerrit Must Go Now
Am crying in my dreams, Cry boy Cry % Linton is going!!
I keep on looking at this photo and can only shake my head when I see these black robots. Everybody that keeps on voting for Skerrit or the DLP has a lot to answer for including the possibility of of innocent blood shedd. All Dominicans need to start looking at the bigger picture – we can not go on like this!
We Dominicans have looked at the border picture and decided, Lennox Linton or any so-called Workers clowns will not be in government for donkeys years to come at least not in Dominica. Not after last time of ……………
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DNO, When opposition operatives call people criminals and all kinds of names you print their story without hesitation. but when its people with a point of view slanting against UWP and their agents its a different take. This is so unfair. But don’t worry Man bites dog , keep on biting. There will always be trial and tribulations, the good guys always win in the end.
I have a policy to ignore all those who post nastiness. I have dropped the mike on them. I have a list of those negative no name posters (more like imposters ), and when they show up,which is quite regularly, I skip without reading. Each comment four, five, six times under a few assume names, each, make several likes on their postings spewing vicious negatives.
Is this familiar : …… Duplicate,.. You have said it before….under consideration, are you human or animal But I will keep on keeping on. Mr Man let us continue defending what is right, what is good, what is descent DOMINICA LABOUR PARTY.
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