Dominica’s attorney general, Levi Peter, is clearing the air as it relates to the issue of attorneys being present at post mortem examinations, saying it is “wrong in law.”
The issue surfaced recently following the death of Joshua Etienne of Picard who died in police custody at the Portsmouth Police Station. Following the death the Coroner had granted attorney, Tiyani Behanzin, permission to be at the Etienne’s post mortem.
Peter had taken issue with the matter, calling it “a troublesome slope” during an interview on Kairi’s Heng Program.
In a detailed address to the media on Friday he said, “the laws of Dominica do not provide for attendance of an attorney at law at a post mortem examination.”
He explained that Section 30 of the Coroner’s Act, Chapter 4:30 of the Revised Laws of Dominica of 1990, is concerned solely with proceedings or hearings in the Coroner’s court and “merely empowers a Coroner to grant permission to an attorney at law to appear in such proceedings or hearings and has no relevance to post mortem examinations. ”
As a result, he stated, this does not empower or give any lawful authority to a Coroner to grant permission to any attorney at law to attend a post mortem.
“The claim that Section 30 of the Coroner’s Act empowers a Coroner to grant an attorney at law permission to attend a post mortem examination is wholly erroneous and wrong in law,” the AG stated.
Behazin said he had applied to be at Etienne’s post mortem under Section 30 of the Coroner’s Act which reads, “no counsel or solicitor shall be entitled as a right to appear in any proceeding before a coroner’s court or the coroner may, if he think fits on application, permit such appearance.”
Peter is assuring the public that the AG and the office of AG “will continue to ensure that the Government of Dominica is provided with the high quality legal advice and representation that the people of Dominica require and deserve.”
Concerning the progress of the criminal charges against the five accused police officers in the Etienne’s matter, Peter stated that the decision of the High court will “doubtless be handed down shortly.”
“Once that is known, the matter will proceed to the next stage,” he noted. “What I can confidently assure the family, the public at large and indeed the accused, is that the State has been ensuring and will continue to ensure that justice in accordance with the laws of the Commonwealth of Dominica prevails.”
Did not even realise that Dominica has an AG. The AG has sudden awaken maybe its election season. The AG is making a good point indeed but but but , why not hear the AG against all the many allegations of wrong doings in Public Office in Dominica. Why wouldn’t the AG defend the state in all things and separate himself from party politics….. One would also like to know, what was the real reason for the former AG calling it a day? One would also like to know, why one earth is the AG making a statement bout Mr Daugla s, when it truth and in fact there are so many things around him in need of sorting out……………. Its strange to seee an AG talking on some matters and is often speechless about the Government operations….
Help me out MR AG ………… in this election season……
Levi come up with all the excuses,you and the corrupt government of dominica will pay for this guy unkindly death,you guys have to stand in fron of god one day and pay.god be with you Levi prayers are always stronger.
I challenge the AG to to tell us he is a real, qualified lawyer.
i think our ag has problems interpreting the law or he trying to mislead the public either way it bad i think we need to put the ag in check
“What I can confidently assure the family, the public at large and indeed the accused, is that the State has been ensuring and will continue to ensure that justice in accordance with the laws of the Commonwealth of Dominica prevails.”
See what i am saying this is the mindset of those who fool unconscious people into equating justice with “laws” made by very imperfect men and administered by those with even less capacity than them. Our people need to know that “laws” are just attempts to try to bring some objectivity to justice and of course that changes or should change as time and players change. CHANGE is a must!!!
The appearance of transpiracy Levi. It is very important to at least appear to be transparent. And….while you’re at it legalize marijuana and smoke a little yourself.
This AG is such a waste of time, its laughable. So what he is trying to say is the post mortem examinations is not a proceeding of the coroner’s court? If so, then why did the coroner grant permission to the attorney to attend the post mortem? Is he discrediting the coroner’s knowledge of the laws as pertains the post mortem proceedings? And if so, should we as the general public be worried?
Geez, everytime this man opens his mouth, is like he is intentionally trying to muddy the water for the defense to get grounds to have their clients get off on technicalities…food for thought.
Can the AG tell us whether the law bars attorneys from being present at the post-mortem? The law does not say that an attorney cannot be present.
I feel it was a good thing Behanzin was in there when the autopsy was done. That allowed the autopsy report to be more accurate as to the cause of death and the level of injuries received.
It seems more attorneys must start asking to be in there for the autopsy when such incidents take place (such as Joshua’s death while in police custody).
The autopsy is not complete when the body is cut open and examined, during that stage only segments or organs are taken for lab testing that is where the doctor actually determines the cause of death. So unless Behanzin is a lab technician he brings no expertise to the process.
Come on , Para Riviere, Bernard Wiltshire, Sir Brian Alleyne , you are Dominicans share an opinion
Why, it’s not a gay issue what do you expect.
Joe, you are sick.
How good it must feel to call out men by their name. This is because they have never been affraid to speake truth to power and stand for what is know to be true. You are now empowered to call them by name. but what do i call you? What is your name? Please write you true name and in so doing empower someone else to come out and speak. We need to speak. speaking is therapy.
I reserve my comments/response to this so called AG (????????) comments until I hear a response from a more prominent, experienced, well exposed lawyer.
Bihanzin Tiyani, please step up…..When this AG ( Levi) , the PM, Skerrit and other of these govt. ministers speak, I consider only when it is qualified by more experienced people in the various fields and disciplines. And people with more standing credibility and honour.
For example, on health maters and the bigger picture, Dr. Irvine Eipgh Pascal.
why is the real issue at hand not addressed?
stop dragging your feet and read the charges and hold those responsible for the death of the young man accountable, if it was poor malayway children you would have put them under the guillotine already….let justice prevail!!!
I’m not sure if I should feel insured, assured or ensured…
I think you need to check your level of knowledge of the English language. Section 30 of the Coroners Act does give the Coroner the authority to allow an Attorney at law to attend a Coroners Inquest, this is the hearing which takes place in the court room, not the Post Mortem, which is what the Pathologist does to determine the cause of death of someone which takes place at the Mortuary. The AG does know the Law its Behanzin and the Coroner who has mis read the Law. Go do some reading,
But the Law does not Barr the Coroner from Granting Access to the Inquest.. which is part of the coroner’s court
Mr AG…
Please do us all D/cans a favour – stop making a fool of yourself and a mockery of the CONSTITUTION and LAW of the Commonwealth of DOMINICA, by saying the State continues to ensure that justice, in accordance with the laws of the Commonwealth of Dominica will prevail.
You can fool the people some time but just can’t fool the people all the time. When the PM and his Labour Party administration respect and observe the CONSTITUTION and LAWS of the Commonwealth of DOMINICA then we the people will take you serious.
So this is the only issue Levi has a problem with? What about the precedent set by Magistrate Pacquette where police officers who kill civilians are concerned? To me I did not hear him then?
It is left to argue that the law is not clear in that regard and as such Tiyani Behanzin presence at the post mortem examination is subject to further legal clarification and cannot be deemed “wrong in law.” Evidently, the laws of Dominica did not ADDRESS the issue for the attendance of an attorney at law at a post mortem examination and focused extensively on the coroner’s court and now is subject to “open argument.” In his assuming good will and spirit or the supposing poor interpretation of the law, THE CORONER did grant. Still another independent medical pract. may have been more appropriate..
I have never heard that an attorney can be present at a post mortem or would be given permission to attend. He did not trust the Coroner and his decision on the cause of death. He feared the information would be tampered with.
He attended and took notes I suppose. This is just strange to me.
Sometime ago I heard that D/ca did not have a resident Coroner. Is this still the case?
The AG is did not convincing at all. ………. Not impressed by him at all.
At a time like this when justice is being sought by the family of the deceased the AG comes with this lame explanation!!!
If this is the best that we’ve got no wonder the state looses so many cases!!
Let us get justice for Joshua Etienne!!
the A G and his Government have plenty to hid that is why he maintain that stance, word is that joshua Etienne was killed before taken to the cell
I am not an English scholar, neither did I receive a 1 in English, however I see two basic things here; one is that The lawyer quoted the Coroner’s Act which reads, “no counsel or solicitor shall be entitled as a right to appear in any proceeding before a coroner’s court or the coroner may, if he think fits on application, permit such appearance.”
And two, the AG cannot even quote the Act to show where the lawyer is wrong.
Chupz.
” or the coroner may, if he think fits on application, permit such appearance”.
So what does this really mean? The AG has a different Act than what the lawyer has?
Somebody help me here please.
Same for GON Emmanuel?
Lest it is the case where precedence has been set elsewhere pertaining to attorneys being present during the autopsy, i am afraid that the AG may be correct, as the Government Morgue does not fall under the purview of the Coroners’ Court.
Nevertheless, if it was an unwritten law, it is safe to say that although it may be dangerous, precedence has not been set.
Correction:….Has NOW been set.
It’s true the law doesn’t have any provision for a attorney-at-law to attend post mortem nor does it say that an attorney-at-law can’t attend. However if there is nothing to hide and you Mr. AG is confident that the honest and accurate information would be documented then, that should not be an issue. Unless the attorney being there took away from the ills that was intended to be done/documented and you are upset that he was there.
He would say that, wouldn’t he! Now the police have an unwelcome and critical witness to the coroner’s examination and findings to contend with. Mmmmmm.
the AG doh even knpw the law….shame ni he ni the magistrate .
It is not enough to say that he knows not the law. Do enlighten us by stating the sections of the law that he understands not.
Makes for a better discuss when you expound further your view. Wrong or right, you will be better understood.
To be honest, I don’t even believe he is a qualified lawyer.
@ Anon is not your fault I blame the AG for not breaking it down in a more simple term using match sticks and gas, then you would understand cause am sure in his terms if you were holding the gas bottle in your hand and you see what they did would have lit the match am sure you would get what he is saying about the law of Dominica. Am guessing you went to Harvard so you know more about interpreting the law than he does.
Anonymous ou sot
u must be a jenny he just read it to u
And you know it more than him.
Can you speak and write/type English or is something wrong with your keyboard?
Maybe the AG should go and finish his studies that would do him good but dont go after Tiyani Behanzin if and your party don’t want problems, remember Tiyani told the people of D’ica if we Dominicans know what our Government have been doing we will bow our heads in shame, Peters you better get your facts right and stop interpreting the law to suit you and party it will not fly.
Tiyani Behanzin is well trained and a highly educated individual you both should be working together to make the changes that needed in the justice system instead you a playing high go seek with words.
what stupidness you writing,de man just quote the law,if you do not believe go seek out and read for yourself,it’s not hidden from the public