The attorney representing a convicted Venezuelan captain has argued the use of dogs by police is draconian and unconstitutional.
Kondwani Williams, with some assistance from senior criminal defense lawyer Zena Dyer, made the observation before Magistrate Ossie Lewis at the Roseau Magistrate’s court on Friday during deliberation in the defense of Angel Ramon Hernandez whose vessel was intercepted by the Coast Guard in Dominican waters last Monday.
During deliberation the police pointed out officers from the Marine Unit, assisted by the K-9 division, searched the vessel minutes after it was brought to the coast guard base in Fond Cole. “During the search the dogs identified three areas on the vessel of possible narcotics contamination” the police prosecution stated at the same time pointing out that in the absence of hard evidence, no drug charges could be brought against the Venezuelans.
But Williams had concerns over the use of the dogs during the investigation. “The police gave a statement which was highly prejudicial regarding the K9 dogs. The dogs in question are yet to be introduced to this court room,” he pointed out. “I commend the police on the use of the dogs but there has to be a correct procedure.”
“They don’t like dogs, they don’t like to lose,” the police prosecution shot back in rebuttal and went on to quote the constitution saying, “a police officer may bring a dog as an aid in the execution of his duties. “
Meanwhile Hernandez, while on the stand, alleged that police “ill-treated” (words of translator) him and his crew between the days of arrest on Monday to the time of his appearance in court Friday.
Williams demanded that the court initiate an inquiry into the interception of the vessel and the arrest and treatment of the foreigners during detention at the Roseau prison cell.
“Intelligence is not evidence. The fact that a boat carries a Venezuelan flag is not a presupposition that the captain and crew are involved in anything illicit or unlawful which will necessitate interception,” said Williams.
He added, “We must recognize that known international rights violation can occur. We have to be very careful when we afford different treatment to persons who are not citizens of this country but who are also protected by the constitution of our country.”
Hernandez was eventually charged and fined $5,000 for giving false information to the police.
That is the reason why we need trained top class lawyers prosecuting the cases in dominica. the defense attorneys are just doing thier jobs, though i think their comments are ridiculus.
Send the dogs behind the dogs.
Madam Dyer this is outrageous, these criminals engaged it drugs trafficking all over the Caribbean, destroying lives, parents unable to take care of heir kids because of drugs
Police being assisted by the K-9 division, searched the vessel minutes after it was brought to the coast guard base in Fond Cole, why not this is the reason for having them, in some countries as soon as a patrol office stop your vehicle dogs all over the vehicles searching for drugs etc
Madam the same is taking place in Venezuela, had it been a Dominican caught in their waters, you know for facts that they would have to pay far more than the peanuts requested by the courts in Domini
Ma Dyer God is not asleep
But I don’t understand some of your people. The defence lawyer’s primary function is to defend his client. He dloes not have prove anything. He has to ensure the client gets a fair trial within the limits of the law. The police cannot do as they please because the suspect the accused is guilty. That is fhe function of the courts.
I see nothing wrong with the lawyer puttng up a solid defence for his client. Sometimes even when he knows he has no leg to stand on, he has to throw mud at the wall and hope it sticks. Thau is his job. Don’t be so hard on the lawyer. I bet none of you would like ot be tried in a Chinese court where the accused has no rights and his lawyer is afraid to provide a solid defence for fear that the state will prosecute him later. It happens very frequently in China. This is not the system we want in Dominica.
I can put the cc tv in for the Police if they ask me…
just message me on DNO and we good to go!
BOY OH BOY WHAT WILL YOU GIVE IN EXCHANGE FOR A DOLLAR, THIS LAWYER GIVE A FRIKKING CRIMINAL RIGHTS OVER OFFICERS OF THE LAW, BRINGING IN THEIR NONSENSE TO OUR COUNTRY. WELL WELL DOMINICA REALLY GONE TO THE DOGS.
oh get off it! the man is a lawyer. stupes.
he will always give those venezulans right! anything for a dollar so he will always say the police officers wrong!
that is why i will not deter my children from being what they want to become(profession) but i will encorage them and educate them about the short comings of being a lawyer. i tell them that they my become wealthy but it will eventually cause them to lose their souls…
lawyers tools of trade are, lies, deceit, greed, false witness, thieves and so much more words to describe these crooks……
its lawyers like these that make good police come bad. the drug man talking about illtreatment. wonder what he’s doing to young kids when he brings his drugs to our land. the dogs should bite him all over.
ITS REMARKABLE THAT LAW ENVORCEMENT CAN BE WORKING TO PROTECT THE COUNTRY BY USING NEW MEANS AND TECHNOLOGY TO FIGHT CRIME AND DETECT DRUGS AND OUR OWN LAWYERS HAVE A PROBLEM WITH THAT…..
IS IT THAT THE LAWYERS ARE MORE CONCERNED WITH GETTING PAID LARGE SUMS OF MONEY TO GET THIER CLIENTS OFF??…WHAT POSSIBLE VIOLATION OF RIGHTS CAN THE USE OF A K-9 UNIT CONSTITUTE AGAINST SOMEONE???….THE DOGS WOULD INDICATE OF FIND THE PRESENCE OF NARCOTICS OR OTHER ILLICIT SUBSTANCES….WHY WOULD OUR LAWYERS HAVE AN ISSUE WITH THE USE OF A K-9 UNIT….MIGHT I ADD WHICH WAS DONATED BY A FOREIGN GOVERNMENT TO HELP FIGHT THE DRUG TRADE HERE….WHAT DOES THAT SAY ABOUT OUR LAWYERS AND LEGAL SYSTEM????
THE LAWS WHERE ALSO PUT IN PLACE BY PARLIAMENT SO THESE DOGS CAN BE USED TO ASSIST POLICE AND CUSTOMS IN THIER DRUG DETECTION DUTIES…..
I ASK AGAIN…WHY WOULD OUR LAWYERS HAVE A PROBLEM WITH THAT…..????
IS IT WORTH LOOSING YOUR SOUL AND MORALITY OVER MONEY?????…..WHAT REALLY IS THE JOB OF A DEFENCE LAWYER??…IS IT TO ENSURE THE RIGHTS OF THE CLIENT IS NOT VIOLATED OR IS IT TO GET THE CLIENT OFF NO MATTER WHAT???
CCTV needs to be installed in Police headquarters with immediate effect.
Too many allegations brought against the police which can easily be disproved (or proven) with CCTV equipment that can be easily purchased and installed for less than $10,000 EC dollars.
For some reason the police do not seem very enthusiastic about having this facility installed.
I wonder why?!
you provide them with your cctv. try not to get in there too.
Are these lawyers serious? What training and experience do they have in international law enforcement which allows them to make such foolish statements?
The lawyer is doing the job he’s paid to do.
One day either you or your family may very well need a lawyer that will strive to research every part of the law so you may have a solid and valid legal defense.
It’s up to the DPP office to employ the resources (human or otherwise) to do their job effectively.
What exactly is your point “It’s up to the DPP office to employ the resources (human or otherwise) to do their job effectively”
Has the police emploted illegal means of investigating?
Send those blookes to their watery grave. Over and over again them man just bringning their poison here. They making millions and they charging them chump change. Sink them at sea officers.
does not the police has the right to intercept any vessel invading our water or air space .the police has a right to protect our borders
Mr. Williams you are my buddy, but trust me you are off step and does not have a clue as to what you are talking about. Well, let me put it the other way, you are simply talking for your money sir. You seem to be one of the persons who are well verse in rhetoric. However, If that s the way you make your money good for you, but know when to use it sir. It’s a word of advice from a friend.
Enlighten me as to what he has no idea what he is talking about. He is a defense lawyer, he has to defend his client. So what you expect him to say?
Money is not all. We all have a conscience and no what the drugs are doing to our youth. Lawyers can represent their clients but not at the expense of our children. Their is too much at stake when lawyers can stoop so low for a few bucks. But time will tell. Zena Dyer, your days will come. I really fed up of that woman representing all these rogues and vagabonds and spreading aspersions on our hard working law enforcement officers who are working under trying conditions with limited resources. What goes around ALWAYS comes around.