Privy Council rules in favor of Pinard-Byrne in libel case

Kieron Pinard-Byrne (left), Lennox Linton
Kieron Pinard-Byrne (left), Lennox Linton

The London-based Privy Council has ruled in favor of Keiron Pinard-Byrne in a matter involving then journalist Lennox Linton.

The matter centers around the Layou River Economic Citizenship Program and the Layou River Hotel project.

In 2002 Pinard-Byrne sued Linton because of an article published on the program on a website and statements made about the same program on a radio show, on which Linton was a guest.

According to Pinard-Byrne he was libeled by Linton.

In March 2011 the High Court in Dominica ruled in favor of Pinard-Byrne.

The matter was taken to the Eastern Caribbean Supreme Court (ECSC) in March 2013 and the High Court’s decision was reversed with a ruling in Linton’s favor.

The ECSC, in its ruling, said its decision was based on ‘qualified privilege.’

Qualified privilege gives the press some level of immunity from defamation charges for statements made in good faith, unless it can be proven it was done with malice.

Immediately after the ruling, Pinard-Bryne’s attorney, Tony Astaphan, took the matter to the Privy Council since, according to him, the ECSC’s ruling had narrowed the issue of qualified privilege ‘much too much.’

When the Eastern Caribbean Supreme Court of Appeal met in Dominica in March 2014, the judges granted leave to Pinard-Byrne to take the matter to the Privy Council after Astaphan said his client had fully complied with all the rules as laid down by the court of appeal.

This is the final case to be heard by the Privy Council since Dominica has made the Caribbean Court of Justice its final appellate court.

CLICK HERE TO READ FULL JUDGEMENT

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69 Comments

  1. A Doubting Thomas In Solidarity
    October 13, 2015

    My Mom always say if you cannot say something good about someone never say anything bad. I am thinking of my Mom now.

    Hearsays, wishful thinking, jealousy, hatred and spreading false rumours are never a good way to live our lives. The Lord says “Do unto others as you would like them do unto you” if we all were to live our lives with this simple phrase, that would do wonders for own well being.

    If the only way we can feel successful or important is by trying to bring others down and with lies no less!! When it is pointed out to us, we blame everyone else and refuses to see the error of our ways, what does that say?

    I believe this judgement is a very good lesson taught to each and all of us to do better when dealing with people. It is an important ruling and we should all try to read every word of it and understand it. Do not depend on what we hear or on other people opinions. Read it for yourself and understand what you read. The answers are all there.

  2. FAST AND FURIOUS
    October 13, 2015

    Please tell Lennox he was not fighting his case for Dominicans. He was fighting because of his Ego and to satisfy his UWP supporters. Bet you if Lennox had won, UWP would declare Monday October 12 a UWP Public holiday and Lennox would be on Q95 BRAGGING all day. Now he lost big time he shifting the reason to say is for Dominicans. Tell Lennox to Will and come again and take his blows.

  3. Frankly Speaking
    October 13, 2015

    Frankly speaking, Honourable Lennox Linton make a serious error in his reporting in this particular matter back in the days. The matter went back and forth in the courts and the Privy Council’s final ruling gives Keiron Pinard-Byrne the edge.

    Frankly speaking, people must be more careful about how and what they report when they reporting verbally, in writing, electronically. This long outstanding matter is finally over. Let’s move on.

    I believe Keiron Pinard-Byrne and Anthony Astaphan and others are happy with the out come. I expect them to be, Let’s move on.

    Will this matter have implications for Honourable Lennox Linton political career? I DO NOT THINK THIS WILL HAVE MUCH NEGATIVE IMPACT ON LINTON OR ON THE UWP. However, the have to be careful how they treat with this matter and future matters… FOCUS now more than ever should be the way forward, highlighting the various issues and offering solutions… Building the UWP Team Dominica favourable ratings.

  4. October 13, 2015

    I remember that there was a certain person, of this blog site, who was praising Linton for being the last client of the Caribbean to be allowed to present his case to the “Privy Counsel” that individual claimed that Lennox’s name would go down in history for that reason–for that reason. Lol!

    Well that “Historic Record” will happen for sure! The last client to also lost his case!

    No wonder that individual is in his cold and hiding place now. The Real Facts, Kid on the block and Elizabeth, you are free to run around now–two times in a row–there is no parasites and earth worms, to disturb our freedom. :lol: :lol: :lol:

  5. hashtag
    October 12, 2015

    MORE EMBARASSMENT. that good for those old workers that like to run their mouth.

    Where them now! yo haut!

    all you too obsessed with Skerro. Go take a pill and lie down and finally STHU :mrgreen:

  6. Joan
    October 12, 2015

    Lenox Linton went through all of these for the Love of Dominica What has Tony Astaphan ,Pinard Bryneand or Ros.Skerrit gone through for Country. . Come on people. lENOX WILL GRT HIS REWARD IN THE oTHER lIFE.

    • hashtag
      October 12, 2015

      sick

    • zuma
      October 13, 2015

      More of love of self. Do u really believe linton care about dominica and dominicans. Take a closer look dear….what has he done significantly to the development of the island since erica….

  7. October 12, 2015

    OJ. SIMPSON won his case in the murder trial of his wife and her lover but he later learnt that can run but he cannot hide. wining a case does not mean that you may be innocent ask OJ. SIMPSON

  8. mario
    October 12, 2015

    On a lighter note:
    It’s being reported that LL doesn’t believe that justice has been done, And so he Appealed to the Almighty Judge for a Final final ruling.
    Obviously, his attempt to be in the know of the return of the Prince was recognized by the Almighty one who responded:
    ” LL of the UWP, concerning that day or that hour, no one knows, not even the angels in heaven”

  9. Chief Jacco
    October 12, 2015

    sDe last episode of de LL comedy of errors did give PKB victory over LL just like how de theatre audience de give RS victory over LL by votes. LL became leaders of de groupies by inheritance and divine rights of kings as enforce by EJ, and like EJ he was found guilty by the court. But LL error was dat he declared de CCJ supported by RS and de other patriotic PM’s in de Caribbean as corruption to justice and de Privy Council de truth to justice just like how he LL suppose to be de truth to power. De “corrupt” CCJ gave LL win, but guess what? De truthful Privy Council gave PKB win……..Dat not rational. Somebody crazy. Not Me! But it doh finish, it is de beginning of de end of LL. De stage is set and de props in place. Qualified privilege is a pie in the sky, and all those people who like to go on the media and call people prostitutes, and corrupt, and murderer will have to provide the concrete evidence first and stop acting as media personnel when they are in fact political…

  10. truth
    October 12, 2015

    fool yourselves, But my God is the last judGe, and in his judgement ,there is no mistake.Lennox is a good man ,and we love him ,This case was more about us ,than about him ,Its so sad to see we dominicans rejoicing in support of crooks ,and greedy men,a stranger who walked away with so much of our wealth,while the same people supporting him ,cannot make ends meet ,Lord ,when have we become such?,

    One of the wisest words ever spoked ,
    DOminicanS,use their ignorance as a badge of honour .

  11. speak
    October 12, 2015

    Is so we come?

    Who was involved in companies dealing with the sale of our passports and building of 5-star Layou River?

    Who promised to build 5-Star hotel in Layou valley? Would the money come from the sale of our passports?

    Where is the money? where is the hotel?

    Dominicans lost millions. Yes millions.

    Our Passports were sold by agents, by companies, by God knows whom. How much money went to our Treasury?

    What about the US$20 million other investment of Felix Chen again into that same Layou River Hotel? Where those millions go too?

    Yet, how dare any Dominican patriot express his views, inform the people of corrupt practices, with evidence, facts.

    Let corruption reign? Dominicans loosing all the time. Fooled again and again and again, while those in all kinds of kokomakak.

    Massa day ain’t done. Massa have de crown. Enslaved again? They shout, “crucify him”. To alert, educate one’s fellow men and women about the corruption in our society…

  12. mine
    October 12, 2015

    We all are human but must be very careful with what we say with our tongues. This tongue that’s in our mouth is a weapon and must think twice with what we say. As per Judge Judy we must have proof before going to court without that we doomed.

  13. Ohmy
    October 12, 2015

    This beautiful island is now a land of non forgivers. Jesus Christ was spat on, accused etc. so who are we in this world. Come on people let’s forgive one another.

  14. Bagaila Bande
    October 12, 2015

    Recently somebody was quoting Proverbs, so s/he must be very familiar with this one: ‘Whoever digs a pit for others will fall in it. Whoever tries to roll a boulder down on others will be crushed by it.’

  15. Caretaker
    October 12, 2015

    Three cheers for Tony on his victory. Don’t mess with Tony for he is a cobra snake, he bites hard. The Person who nominates Lin as leader really had it in for him, to humiliate him in the worst possible way. Just when I thought we were catching up now this. Fine to pay more crab backs please

  16. October 12, 2015

    LINTON you ask for Privy Council, because in your opinion you could not trust the CCJ as the final court of appeal because they are so corrupt, now where are you going next? You poor deluded , after the Privy Council decision you are still crying foul. My advice to you is to take your medication and go to a dark room and have a long, long lie down and ask yourself some pertinent and searching questions concerning your utterances for the last ten years plus.

    • Lucia
      October 12, 2015

      it’s a white man world. You just prove that Slavery is still alive

    • Titiwi
      October 12, 2015

      For the record, please note that it was Mr., Pinard Byrne, who appealed to the Privy Counsel, as was his right, and not Mr. Linton, who had already won his appeal at the E.Caribbean Court after all.
      Anyway, the verdict of the Privy Council is final and everyone has to live with it as it is irreversible.

  17. October 12, 2015

    When will the novice leader of the Uneducated Wicked People in opposition ever learn? The fact is that the Privy Council has ruled in favor of not only Mr. Pinard but also in favor of all faithful, loyal and God-fearing Labourites in Dominica and the diaspora. This ruling provides evidence to all the naysayers and ignorant supporters of the Uneducated Wicked People that Labourites were right all along. The novice, Linton, is a propagandist and trouble maker seeking fame from sensationalizing every little issue which might have the potential to cast a negative shadow over the leadership, members and affiliates. The Novice is so over zealous with his pursuit to denigrate and embarrass Labourites, especially the right and honourable Supreme Leader, Knight of the most holy Roman Catholic Church and Prime Minister of the Commonwealth of Dominica, Dr. Roosevelt M. Skerrit that he oversteps his boundaries not expecting that he will be held accountable and pay for his misdeeds. Shameful!

  18. FAST AND FURIOUS
    October 12, 2015

    Yes… The Privy Council chebay Chuckkie! Now he doesn’t know where to run because according to him, the entire Justice System is corrupt once they don’t rule in his favor.

    • Lucia
      October 12, 2015

      It’s a White Mans world. No justice for the black man.

  19. Neutral
    October 12, 2015

    The truth will always prevail and that’s the time now. LENNOX LINTON finally it has caught up with you, may that assist you in being a much better individual now. PEACE

  20. befilia
    October 12, 2015

    Lennox you doh tired lose? Tell me what you ever won already. The best advice I can give you is leave trouble where trouble is. You already doh have money to run a country, stop finding money to pay lawyers and at the end of it all, you are the one losing out big time.

  21. GrandBayrian
    October 12, 2015

    The only question I have is what happened to the over $130 million Plus, that has been spent in the building of the Layou River Hotel Project? Where is the Hotel? Where is the employment that was promised? Who has been held criminally responsible for defrauding of the Dominican people?

    Remember Government sold our Passport to generate the revenue to build the Layou River Hotel. In any other country people would have been sent to prison for such an act. In Dominica it is ok to defraud the country and its people, But it is a crime to bring the issue to light.

  22. Frank Talker
    October 12, 2015

    At least, the East Caribbean Court of Appeal agreed with Linton. And if those same Appeal Judges or others who thought like them were on the Privy Council, Linton would have won again. It seem to me that the final judgment is not so much about the merit of the case but more about the character of the judges.

  23. rastafari
    October 12, 2015

    According to Tony Astaphan: Today is a historic day in Dominica. Really? Who benefited from this historic day? Two white men: Tony Astaphan and Kieron Pinard-Byrne!!! Time to wake up and rise up out of slavery Dominican man, woman and child….!!!

    • zuma
      October 13, 2015

      Rasta for a while. Is this a racial remark both tony and kieron are men period. there should be no adjective to describe them. And they are both Dominicans whether u want to accept it or not. The fact remains. The only person enslaving your mind is you. Be still my bro. The bible talks about slander and the wages therof. Linton is not a man for the people but against the people

  24. Me,me
    October 12, 2015

    Sometimes people can go a little too far , and now they have to deal with the consequences of there actions.

  25. Passing cloud
    October 12, 2015

    Why do we always allow Mr. Skerrit to get away with anything he wishes to and continues to fool Dominicans? Ladies and gentlemen here is a statement made by Hon. Roosevelt Skerrit less than two weeks ago:
    “He stated that he will soon embark on “a hectic overseas travel and speaking itinerary to drum up support for that effort.” Open this link and read it: https://dominicanewsonline.com/news/homepage/news/general/tropical-storm-erika-price-tab-1-29-billion/

    Folks, Mr. Skerrit made this statement on September 29,2015. Here are my questions: 1. How long does it take to know you accepting a third child? Didn’t Skerrit know his third child was on the way the night of Sept. 29,2015, when he told the nation that he would soon be embarking on a hectic trip?

    When Matt asked him for an update of the hectic trip, he told the nation at the press conference that he had to cancel his trip because he is expecting his third child. Wow!

    Is he running away from the reunion with his friends…

    • jim pwell
      October 12, 2015

      this is not about Skerrit allu Dominicans to like to blame people when allu wrong.

    • October 12, 2015

      Passing cloud why don’t you stick to the subject at hand i.e your leader and the privy council. I know it’s a bitter pill for you ignaromouses to follow, but swallow it nonetheless, maybe you can sweeten it with the bile coming from that excuse of a radio station and those buffons running their GOBS relentlessly.

    • Dominican Abroad
      October 12, 2015

      But what does this have to do with Mr. Linton and Mr. Byrne?

    • JOE
      October 12, 2015

      Passing cloud WHAT SKERRIT HAS TO DO WITH LENNOX LOOSING THE CASE AS EXPLAINED ABOVE?????
      WHAT AN OBSESSION YOU PEOPLE HAVE WITH SKERRIT EH!!!!!!!!

  26. ??
    October 12, 2015

    All you can say what you want but we will raise funds for our leader’s behavior. While at it we raising funds for Thompson also.

    • FLY
      October 12, 2015

      ?? Don’t forget me i want a bit of the action too .

    • FAST AND FURIOUS
      October 12, 2015

      Good luck to you all…??

  27. mario
    October 12, 2015

    Mr Lennox Linton will be remembered for being a party in the final Privy council case for Dominica.
    Unfortunately for him, he’ll be remembered as the loser.
    Now here comes more UWP begging bowls, asking for We The People to pay for the Sins of their Leaders.

    • On Time
      October 12, 2015

      Looks like he had a “heads up” on the ruling because he started begging since last week.

    • MY 2cents
      October 12, 2015

      Dominicans would be really stupid to take there hard worked for money to once again help Lennox pay for yet again another mess up. Lennox will never learn because every time he is found guilty of lies and BS duminicans paying the money for him.

      • Lucia
        October 12, 2015

        Is not your damn business. Lennox was fighting for truth in a white man country, against a white. Nobody expected anything better. Slavery is still there

  28. Sahara
    October 12, 2015

    How much does Linton have to pay?

    • FLY
      October 12, 2015

      Sahara, too much to mention London is very expensive if LINTON can’t pay his court fee he will be away at the QUEEN pleasure HOTEL for a LLLLLLLLLLLLLLLLLLLLLLLong time .

      • (((((((((
        October 12, 2015

        Please, please help him pay. He promise he will never, never say bad things again. Going to the Queens hotel, you know he will come out as girls girl.

  29. Passing cloud
    October 12, 2015

    Yes DNO, I know these are the type of articles you like; You like articles about Lennox Linton, church leaders especially Randy Rodney, so people could wash their tongues on them. We expect you to do your normal thing which is, to moderate over 150 to 200 comments on this subject. In comparison , you stay away from serious news items that have to do with Skerrit. For example the NG Lap Seng issue which was circulating on every major media around the world. NG was arrested on Sept. 19 2015 and it took you almost a month to say anything about it, though we all know he is a good friend of Skerrit and was seen in photos with Skerrit, two weeks after he and others were arrested.

    I do not have any problems with you putting the article about Lennox out, because it is news worthy. But I would just like to see the balance.

    Concerning LL, although the ruling was against him, yet I give him full respect because he carried Dominica on his back. The battle he got involved is DA’s battle

    • You are Serious?
      October 12, 2015

      Passing Cloud – for you Lennox Linton is a God! And Skerrit is the Devil. Lennox can do no wrong. Skerrit can do no right. Lennox is moral. Skerrit is immoral = you are the definition of a tribalism – tribalist people are whom become so partisan that they do things like the Rwanda genocide.

      Wake UP!

  30. Tjebe fort
    October 12, 2015

    The hyenas are having a field day.

  31. originaljahguide
    October 12, 2015

    One thing is for sure it is over and Lennox will get help from the patriots. I know there are people shaking in their pants right now (L G Lapseng is behind bars). This is what all you should be focus on and rebuilding the country.

    • October 12, 2015

      It is very strange that the UWP is against people getting assistance from the state, they refer to some of these people as greedy and having a begging mentality. However when their leaders get into legal difficulties the first thing they do is bring out the begging bowl. UWP supporters had to produce $75,000.00 for Edison to pay Mamo for lying about her, luckily Earl became a fugitive before the begging bowl could be found another $40,000.00+ was given from we the people inc, again an organization set to receive donations from UWP supporters. The $40,000.00 went towards assistance with the Skeritt citizenship matter, we all know how that ended, flushed down the toilet. Now it seems that UWP supporters will again have to dig deeper in their pockets to find tens of thousands of $$$$$ so that Lennox can pay Pinard. When will the UWP wake up to realise that they are been lead by a bunch self serving individuals only concerned about the advancement of their personal ambitions.

  32. FAST AND FURIOUS
    October 12, 2015

    Liar, Liar, LIAR Your pants are on Fire, Lennox!

  33. mine
    October 12, 2015

    Others will learn from this ruling get concrete proof before saying things to defame others. That why we must look before we leap.

    • CYRIL Volney
      October 12, 2015

      Some years ago, I was on the receiving end of Lennox Linton’s irresponsible behavior, involving my perceived and untrue collaboration with Mr Tony Astaphan. Linton did not even contact me to get the facts. “…get concrete proof before saying things to defame others ” is indeed good advise…

      • zuma
        October 13, 2015

        But u keep supporting his irresponsible behaviour knowing fully well he is made up of nothing else but venom and mischief. Talk about cutting one nose to spite their face.

  34. Titiwi
    October 12, 2015

    The case is over, finished, no further appeal possible. Any further discussions about the rights or wrongs are pointless, futile and a distraction. Some will no, doubt try to make political mileage out of this but the best thing to do is to accept the judgement for what it is because it is unalterable. It is over! Any post-mortem debates are a waste of precious time and will not revive the corps. Lets move on forward, not backward with the job in hand of rebuilding our country.

    • Me Myself
      October 12, 2015

      So titiwi because the judgment didn’t go in Linton’s favor it’s now a waste of time to talk about it? It’s only now you want attention to be focused on rebuilding the country? Mechanstai!

  35. JOE
    October 12, 2015

    praise Jah the ruling was made by the Privy Council and not the CCJ because we would not have heard the last of the ignorant DNO Bloggers!!!!!!

    I only hope Linton learn from this judgement!!!!!!!

  36. mario
    October 12, 2015

    Lennox Linton will be remembered for being a party in the final Privy council case for Dominica.
    Unfortunately for him, he’ll be remembered as the loser.
    Now where comes more UWP begging bowls, asking for We The People to pay for the Sins of their Leaders?

    • Way2 go 2016
      October 12, 2015

      fair comment .Now let’s put the shoe on the other foot.
      Now where comes more UWP begging bowls, asking for We The People to pay for the Sins of their Leaders.
      LL et Al begs the citizenery the Neo DFP-DLP hybrid sells/sold the country rather than begging locally they do so internationally at a irriversable cost..
      The land transfer corruption, the Bins the fertilizer issue do I need to name more? see where we are.I think we need a third force a real force made up of people who fed up with the pass,present and futre BSs
      One which will arrest them in their Pjamas jail them indefinitely pretrial and the latter can take the rest of their time on earth. About their assets? a whole other story.

  37. KID ON THE BLOCK
    October 12, 2015

    Huh..Huh..Huh….UWPites ..History has been made and it Shall be written. Dominica’s final case heard at the Privy Council. More to come. :(

  38. grell
    October 12, 2015

    Tony keep on pressing the black man and your slavery mentality,god will be your judge Tony,Dominica will be free one day.

    • mine
      October 12, 2015

      Don’t blame other people for our wrong doing.

    • On Time
      October 12, 2015

      Free from what? From the likes of Linton, I figure!

    • the fly
      October 12, 2015

      Grell, Tony did a dam good job on that man Linton had to be stoped he was taking the piss if Dominica could not do it i always knew London would do it ,look out Q95 THERE WILL BE MORE watch this space ,any so call man asking God to Judge Tony Astaphan, must be a fool very sad person,Now lets all DRINK

    • Tom Brown
      October 12, 2015

      Grell is not Tony that pressing Black. Do not be a full and show it off . Black people responsible for themselves and slavery mentality we are in 2015. Stop blaming others for our wrong doing. Grow up and smell the cuffy

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