Attorney, prosecution, clash on bail conditions

Court gavelAttorney David Bruney apparently lost his temper in the Roseau Magistrate Court on Monday when an application to travel for employment purposes for a former captain of the National Football Team was first objected to by the prosecution and then denied by magistrate Bernard Pacquette.

Kenrick “Solkar” Emanuel was shot by the police in 2010 and later arrested on alleged drug possession and as part of his bail conditions, he was required to surrender all travel documents.

In court, Bruney applied to have the bail conditions varied, noting that Emanuel was offered an attractive job position in Anguilla beginning on January 6, 2014.

The lawyer also presented a signed letter to the court sent to Emmanuel via email about the job.

Emanuel was questioned and under oath, he informed the court that he would be working with the company and would be able to care for his wife and two children; one of whom, is an adult and the other, a 13-year-old.

He said he is unable to care for them since he is presently unemployed.

Bruney stated that if his client’s application was granted, Emanuel will make himself available for court ‘way in advance’ when the matter is called.

But the submission did not go down well with the prosecution headed by Inspector Michael Laudat, who objected, saying that the letter must be validated and must be accompanied by a work permit before an informed decision could be made on the matter.

“We have no problems in assisting and getting his bail conditions varied, however we have to be sure that the letter is authentic and since we cannot yet verify that we are opposed to that application,” Laudat told the court

He also argued that Emanuel’s bail conditions indicated that he must surrender all travel documents.

But in a very emotional plea, Bruney described Laudat’s objection as “absurd, petty, inhumane and ridiculous.”

“We need to be our brother’s keeper, I am ashamed at Mr. Laudat, I am very… and I take that personal, this man is seeking to get employment to feed his family and is being denied and while people will be having ham for Christmas with their family, he won’t because he has no money,” Bruney said.

Burney’s outburst prompted Laudat to call on the court for protection.

Commenting on the matter, magistrate Pacquette told Bruney that the prosecution had their work to do and while he understands his concerns and the plight of his client, the court must be satisfied that all is in order before granting that bail variation and since that was not so, he will deny that request.

The magistrate then told Bruney that he had never seen him lose his temper, to which the lawyer replied, “it’s a season of goodwill … sometimes things have to be personal”.

He promised to get the necessary documents and return at a later date.

Emanuel is an artistic painter and soccer coach and lives on Bath Road.

He represented Dominica for 15 years on the national team and was captain for six years.

He won several awards during his football career.

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48 Comments

  1. Marlpardee
    December 20, 2013

    Is a hypocrite vibes that going on there.

  2. Roseau
    December 18, 2013

    DNO why did you all pull my comment down asking where someone got their degree is scandalous after spending so many years in another country. I wish you well Dam Nonsense Organization.

  3. ex police
    December 17, 2013

    This man was in anguilla already working, and came home when the economy turn a down turn, like many of us we return home, dominica offered us nothing, regardless to the pm shouting ‘come home dominicans’ some of use just here doing odd jobs, some fortunate ones went to study, but some could not find nothing to do. so i guess he did what he had too,

  4. Morihei Ueshiba
    December 17, 2013

    David Bruney is the best lawyer in Dominica, i agree with him de man is a national football star, dem fellas just want to press the superstar.

  5. December 17, 2013

    Anyone can send an email. The Magistrate is right.

    I have to ask though, WHY IS A MATTER SINCE 2010 HAS NOT GONE TO COURT? WHAT IS THE HOLD UP?

  6. Christmas
    December 17, 2013

    Mr. Bruney is an intelligent and humane lawyer. He always has his clients’ interest at heart. However, I am shocked that he is not aware of the fact that an e-mail is not a legal document. Of course, the magistrate was right in withholding the green light until more proof is given. Mr. B. get the rest of your information before the next sitting. Please, keep your cool; you are a good lawyer. I have great respect for you. Merry XMAS.

  7. CONCERNED
    December 17, 2013

    My God Why on gods earth a court case for drugs that destroy our inocent children and others take so long to be heard? is it because of the players invovled? God help us.

  8. as i c it
    December 17, 2013

    discrimination!!Asa Banton is Right” kno somebody that know Somebody” recently, an individual on a murder charge was allowed to travel to Trinidad to “continue his studies” yet another charged on alleged drugs posession is denied the same. This is Discrimination!!!!!

  9. Rule
    December 17, 2013

    If his bail conditions stipulates that he must surrender all travel documents, are they going to remove these conditions prior to allowing him to travel?
    Secondly, why should someone who is on bail should be allowed to leave the country. All he has to do is send a ticket for his wife and he don’t have to come back to face his drug possession charges. Is our criminal justice system being ridiculed by these criminals.

  10. Wecomingdong
    December 16, 2013

    If you do the crime why run from doing the time? Bruney should be replaced as council.

  11. 4CARS
    December 16, 2013

    He should not be allowed to travel until his court matters are resolved. Also, Bruney is acting like a fool and his license should be suspended. They want to turn Dominica into a lawless place. Put the alleged offender in jail if found guilty. He should have know of his responsibility to feed his family.

    • 4CARS
      December 16, 2013

      “Have known.” Pardon me.

    • Hee haw
      December 18, 2013

      Boss! de place dun lawless. Ah nor Bruney wey pwyle ayou coountry.

  12. "O" STRESS"
    December 16, 2013

    That`s the second LAWYER loosing his cool in Pacquette court proceedings EH, EH,??????????????? Help, HELP!

  13. "O" STRESS"
    December 16, 2013

    Where is the example?? There are different ways to resolved matters, but as passionate as the Lawyer appears to be he must learn to control is temper especially as an officer of the courts, such example is un acceptable in a court settings. The magistrate should send him to cool his temper with a contempt of court violation. What we expect our young ones to resort too when they do not have their way?? What a crying shame Dominica has become a country of, MY WAY OR The High WAY! Every thing is upside Down, every thing is inside out.

    • MeCamem
      December 16, 2013

      Are you suggesting that the lawyer should not have provided the best possible representation for his client. Well let me see you go to a doctor and not get the best available treatment and see if you would not flip.

      Lawyers are human beings, and no matter how tough the may represent their personalities, they do become emotional like any other person.

      I respect the lawyer for balking at the Colonial legal system that has dominated our culture for too long. I am happy that David Bruney has began the process of Dominican-izing the darn system.

  14. HomeAlone
    December 16, 2013

    Yow Solka. Bro I hope you get your chance. Everytime I’m in DA I come by Kens and get ma Juice. You’re a good dude. Tell ken Paskie say everything will work out. Hold the faith. Must come through!!

  15. bad blood
    December 16, 2013

    This justice system is not what its suppose to be.The young man needs to be given a chance to change his life and make things better for himself , his family and the community by extension. He has not been found guilty for whatever he is on bail for and he may well get away from it.

    • BEB
      December 17, 2013

      Why this court matter is taking so long to decide? that should be dealt a long time ago

  16. faceup
    December 16, 2013

    No probs, just validate the dawn Job letter ! Bruney you can do better than that !

  17. Give Thanks
    December 16, 2013

    Mr. Bruney I understand your frustration with a system which works far too slow or in some cases never work in the interest of justice. However, as Mr. Cadette indicated the magistrate is not saying no to the request. He is only following due diligence. So, though Mr. Emanuel’s need to find employment and support his family is of utmost importance so to is the verification requested by the prosecution. Mr. Bruney I know you are a respectable, honest, hard working attorney with your client’s best interest at heart so I would just ask that you keep your cool and provide the court with its request and lets see how this plays out.

    Seasons Greetings.

  18. December 16, 2013

    All of this foolishness over a drug possession charge? This is in no one’s interest. Drop the matter and let the man go feed his family.

  19. joy
    December 16, 2013

    how is he going to get a work permit with that police record to work in a small place like Anguilla?

    • ex police
      December 17, 2013

      in anguilla is not like dominica small yes but is ‘i know people that know people’ and will not block your seen like how ‘WE’ dommi incan does do.maybe you have never lived in anguilla but i have,

  20. Finn
    December 16, 2013

    Laudat called for protection: A joke- a big inspector cannot protect himslef—–

    • way papa
      December 17, 2013

      hey J…A.. it is not physical protection,its what they call contempt of court.

    • Marlpardee
      December 20, 2013

      Is hypocrite rhey hypocrite…

  21. SkerritDoThat
    December 16, 2013

    Cadette since u leave Dominica u on DNO everyday commenting, when u was working in DA u never used to comment on DNO. Come Back Home to make your contribution.

    • Sylvester J Cadette
      December 16, 2013

      Thanks for constantly reading my Comments. Thanks also for mentioning contribution to the state – Where I am at the UN Specialized Agency for ICT (the International Telecommunications Union)I can better serve Dominica’s Telecoms Sector

      I AM DOMINICA, ARE YOU.

      Love & Season’s Greetings!

  22. Lori Kovac
    December 16, 2013

    There is nothing excessive about the requests for validation. Any time a lawyer gets emotional in court or resorts to personal attacks on the opposing side, it is because he knows that his case is weak. Very poor practice of law on Mr. Burney’s part.

  23. Anonymous
    December 16, 2013

    Bruney lucky is not follow that is magistrate!! They would have sent you like Tony in d cell to reflect on your actions. lol

    • Rastafari
      December 17, 2013

      What a waste of online resource. 8-O

  24. Sylvester Cadette
    December 16, 2013

    I do not know the circumstances leading to the charges against the young man but this matter caught my attention on a number of issues:

    1) Prosecution must ensure the integrity of its case and the bail conditions. It’s a duty

    2) The Court must always be convinced that bail terms be respected through authenticated documents

    3) I AM SHOCKED THAT THIS MATTER HAS NOT BEEN ADDRESSED OR IS DRAGGING ON FOR ALMOST FOUR (4) YEARS.

    4) The young Man and his family’s life should not be placed on hold indefinitely by either the tardiness or indecisiveness of the Courts to prosecute and bring this matter to a finality.

    5) The attorney, though distraught and flabbergasted should simply make haste to get the accompanying work permit – losing your cool may not help – ALTHOUGH I UNDERSTAND HIS EMPATHY TO HIS CLIENT. I FEEL FOR HIM TOO.

    6) whatever the circumstance, the Courts should hear this matter quickly – five (5) years should not run on this – think of his family. As mitigating circumstances “He represented Dominica for 15 years on the national team and was captain for six years. I He won several awards during his football career”

    I WISH YOU SUCCESS TO THE ATTORNEY AND HIS CLIENT and prosperity to the Family.

    Also understand the position of the Magistrate – He did not say he won’t grant – he just needs additional documentation.

    Seasons greetings all

    • Sylvester Cadette
      December 16, 2013

      Correction: Courts don’t prosecute, that’s for the prosecution. The courts hear the matters brought before it

      • blind bat
        December 16, 2013

        Mr Cadette this man’s sports history has no bearing on this matter.. Have you and others thought about the many lives he has helped to destroy? today he is seeking sympathy??? Anyone can send an email that is not enough to vary his bail conditions and you should know that sir. The attorney should have presented much more that an email before coming before the Courts with such a crucial request ok and due to the fact that he lapsed he is getting personal with the prosecution representing the interest of the state??? nonsense, nonsense! The Court cannot take a decision of that nature without irrefutable proof of employment ok. peace bro.

      • Anonymous
        December 16, 2013

        The court tries matters and in accordance with the facts or fictions presented, makes a determination of guilt or innocence.

        As a lawyer representing the state or defense, you ought to be well equipped when making certain requests or submission. Walk to court with all necessary documents.

        Do have it in mind, the fact that Mr. Bruney has every right to cry like a crocodile, for he is being well nourished by the defendant.

      • Jejep
        December 16, 2013

        The court tries matters and in accordance with the facts or fictions presented, makes a determination of guilt or innocence.

        As a lawyer representing the state or defense, you ought to be well equipped when making certain requests or submission. Walk to court with all necessary documents.

        Do have it in mind, the fact that Mr. Bruney has every right to cry like a crocodile, for he is being well nourished by the defendant.

      • Tom
        December 16, 2013

        Hey, you into law these days man?

      • forreal
        December 16, 2013

        why did you say that,in which sentence you are correcting yourself,solkar is my boy,know what i mean,in street language,i would like nothing more than to see that hold issue go away for him,albeit the right process most be allowed to formulate,bruney blew up,it’s all good,what he needs to understand is,people are looking on,should the courts had gone the other direction,what the people would say is,as we know it,look here corruption,so as it turned out,is all good,just provide the requested documents,on your statement of the lingering judiciary,i do not think is fair to say that the courts has had his fammilly on hold,is like you are saying that,the courts where or blocking him on being employed,you understand what i trying to say,because i am sure for the five years he at least did some form of way or means to feed his fammilly,but it’s all good,one love,seasons greetings to all,and the comming new year,prosperity.

      • Sylvester J Cadette
        December 16, 2013

        Dear “Blind Bat” as you call yourself in answer to your third sentence I am sorry you did not see my first two points and the very last point. read again.

        On the aspect of mitigating circumstances, I do not believe it would hold much water as an arguement but where arguments may be weak (if that’s the case) then even a straw will help.

        I am not condoning the man’s deeds but there must be expediency in matters of seeking justice, whether it be for the state or whether in favor of the defendant.

        Enjoy the Season

    • ooppsss
      December 16, 2013

      amen 8)

    • Anonymous
      December 16, 2013

      Cadette, You really believe him representing DOminica is a mitigating factor. I think the opposite: that should be an aggravating factor. He should have known better.

    • The Good
      December 16, 2013

      I support this comment,The Magistrate should have Mr. David Bruney suspended for six months from the courts,Good job Mr. Laudat.

    • December 17, 2013

      This is very true. That case should have been dealt with a long time ago. The Lawyer should have known better, he was not prepared; however, after his outburst, the Magistrate might not even want him in the courtroom. Sometimes, lawyers hurt their clients more than the issue itself.

  25. Anonymous
    December 16, 2013

    Ebeh when the potential employers see this article, and mark you they might because I am in Anguilla right now and I’m reading the article, he might lose that job opportunity…you have two children and you have police shooting you for the sake of drugs…stupes…Anguilla have enough crime they don’t need more!

    • LawieBawie
      December 17, 2013

      Lol. I am also in AXA and I was thinking the very same thing. I wish him luck, because it is no fun having a family to support without the means to do so. However people like him are the same sort of elements which we are trying to keep out of AXA. Already many people are of the opinion that we Dominicane can’t behave ourselves in other peoples countries.

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