Chief Justice concerned about the rule of law

Justice Janice M Pereira
Justice Janice M Pereira

Chief Justice of the Eastern Caribbean Supreme Court (ECSC), Dame Janice Pereira, is of the opinion that “the rule of law is an important determinant of socio economic development” and everyone must be advocates of the importance of the judiciary in the development process and the promotion of the rule of law.

She made her comments via a simulcast broadcast from the British Virgin Islands to the courts of the ECSC on the occasion of the new law year on Tuesday.

“Our court holds in high regard its role as the bastion for the promotion and protection of the fundamental rights and freedoms held by every person in our society and when these fundamental rights and freedoms are threatened, or violated, society is negatively impacted; the court is the avenue through which redress is obtained and balance is restored in society,” the Chief Justice said.

The ECSC, Dame Pereira remarked, will continue upholding the rule of law by providing an avenue through which justice can be dispensed fairly.

In that regard she stated, the development of law has a direct impact on the values of society and the strides made as a region.

“Therefore we need to ensure that the court achieves its purpose effectively and efficiently. As a regional court the ECSC has an even greater responsibility to bear, and we must therefore, make it our duty to preserve this institution and all that it represents. Truth be told, the challenges faced by the court impact negatively on its ability to function efficiently and effectively as it should,” she stated.

According to the chief justice, this co equal branch of government, like any other, is being buffeted by the ‘furious torrents of harsh economic times’.

Her predecessors, she said, had the vision to take steps to reform the ECSC in order to ensure its efficiency and effectiveness.

“We need to scrutinize the impediments which hamper our productivity. At the core of these, is the lack of adequate resources (human, financial and physical facilities) we must find solutions to overcome these impediments and be more ready and willing to implement them. The solutions must not be short term measures which will simple delay the collapse of our justice system with no respect for the rule of law,” Pereira stated.

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19 Comments

  1. ROSEAU VALLEY
    September 18, 2013

    The words used in the address of the Chief Justice are appropriate but stale.

    This is the same nice-sounding judicial rhetoric that is recycled year after year and function after function by many including the AG, DDP, High court judges, the Chief justice and Senior Counsels.

    The more they talk about change the more things remain the same with the entire judicial system in the OECS. The words expressed are fitting but it is doubtful that the conduct of the court, including the Chief Justice could be said to be complimentary.

    We are glad that the court has reminded us of the importance of the rule of law as a determinant of good governance and socio-economic development. In that regard, the OECS court is well placed to ensure that everyone, including Prime Ministers, House Speakers, Presidents, Senior Counsels and ordinary folks are served justly, fairly and in a timely manner.

    No other institution is so equipped or constitutionally empowered as the court is to promote, and advocate the importance of the judiciary and ensure the proper interpretation, application and implementation of the law.

    Unfortunately, the people who the court is meant to serve have serious and legitimate concerns with the proper functioning of the court system.
    Based on the tardiness of the court in hearing matters, especially constitutional matters that ought to be heard in quick time, the citizens of the OECS have a right to be disappointed with the exercise of the court’s authority in ensuring that it in fact functions as the bastion for the promotion and protection of our fundamental constitutional rights, freedoms and protections.

    The court has not been there with the people of Dominica when our national constitution and our fundamental constitutional rights and freedoms are repeatedly being abused by our government. The court has not exactly been an accessible and friendly avenue through which Dominicans could seek redress on fundamental constitutional matters including the dual citizenship of our PM and his minister, the unlawful conduct of our Speaker and the unlawful election of our president. The Chief Justice herself has been “unfriendly” to ordinary patriotic citizens who have been seeking to have belated matters heard before the court but frustrated by friends of the court.

    Indeed, it is time that the court needs to scrutinize itself and stop talking about the impediments that we all know off. It is time that the court actually starts doing something to deal with the myriad of issues hampering its effectiveness and increased productivity.

    Whereas the lack of resources is a problem, the core of the problem with out court include the delay/tardiness of justice and the poor quality of the justice that is dispensed in the OECS by some of our Judges, who seem more interested in playing partisan politics like Judge Candle and others. The focus of the court must always be on Justice, Justice, Justice.

    Respectfully
    Roseau Valley

    • concern citizen abroad
      September 21, 2016

      Well said , the facts stated are clear and true every where not only in Dominica . The Attorneys do not perform their roles adequately, especially the defense attorneys. The attorneys do not work with the people to help them obtain any justice . Their cost are so excessive , the way they present the cases are so poorly doe . It leaves people to believe that they are just taking so much money from the people when they know that there is nothing , or they cant do anything for them . Some of the attorneys at law would have people pay large sums of money to fight a case for example defaming one’s character , they would delay on this matter for almost a year . Each time you confront them about your matter , they would give a story . At the end of that long period of time that you are waiting , they would now say that the evidence is not of such to defame one’s character. Why should it take attorney so long before he / she can realize that there is not a case .

      • concern citizen abroad
        September 21, 2016

        continued : Mark you the money that they make you pay , is not returned to you . What do you call that Mrs. Chief Justice? This is corruption , theft . If I pay for a service and you did not render that service , all of my money should be returned to me . That is dirty laundry within the justice system ,so my Dear Chief Justice If one has a house and he /she dirties the house , one does not expect me on the outside to clean it , so make the house clean. I am talking from Experience not Hearsay. That is why the court facilities are no good because the people who occupy the space are the same.

  2. Francisco Telemaque
    September 18, 2013

    “everyone must be advocates of the importance of the judiciary in the development process and the promotion of the rule of law.(Janice

    I wish not to be too technical about it, however under the existing circumstances in Dominica, and the behavior of the operatives within the Dominica so called judiciary, or judicial system, most people who knows the true purpose of the judicial system should serve in any country, would find it extremely difficult to be an advocate where it pertains to the sort of system we have in Dominica!

    Advocacy is an act, or process of advocating, or supporting a cause, or proposal

    Advocates are people who pleads the cause of another; advocates are people who defends or maintains a cause or proposal. When we speak of the Dominica judiciary, we are talking about the police, lawyers, even those in private practice, magistrates, and judges, and the clerks and workers in the courts; ect, ect, ect.

    My question is simply this; how can someone support a system when we know that system is corrupt?

    Why should people be advocates of a system which we know is bias. In Dominica, judges and magistrates are in a habit of rendering judgments, and verdicts not based on any legal precedence, but rather than who the plaintiffs, and decedents are!

    The police most of the time arrest the poor without a popular family name, while the people with know family names are out there wild and rampant committing crimes and gets away with their crime all due to a family name. A warrant was issued for lawyers arrest in Dominica recently, to this day, the lawyer is still free, suspected in a crime, yet he is out there walking around as an untouchable, I would not be surprised if he is not still in court practicing law every day.

    Gong Emanuel home is fire bomb, the police dragged their feet, which may have cause trace evidence to be lost. My nephew was murdered in the village of Wesley, someone confessed to his murder, our lustrous police investigators claimed he was incompetent, refused to charge him with the murder.

    What happened days after they let him walk, he also was found murdered in the same fashion as my nephew he claimed he killed!

    How can someone present a photograph, with someone committing a crime of stabbing, the culprit in action, and a magistrate throws it out of court saying not acceptable.

    That is crazy, so I suspect your call for support will simply fall on deaf ear; note sometimes case are filed, they remain dormant never to be heard of, is this the sort of judiciary the nation should support?

    I think not!

    Francisco Etienne-Dods Telemaque

    • WE VOTING UWP
      September 18, 2013

      Your contribution deserves some support. This OECS court has too frequently failed us. The Court must earn the respect of the people by ensuring that it dispenses justice according to the rule of law that it speaks of.

    • Justice and Truth
      September 19, 2013

      Telemaque you made some excellent points. This includes murderers being released on bail a day after they committed the crime.
      A criminal who robbed a bank with face mask and gun, released on bail after a few months of incarceration prior to the case being called. The $30,000 or more he and his accomplice stole was not found at the time of his release. And the list goes on…
      They do not pay attention to the public’s outcry, anger and disappointment at their strange Court decisions. This is why the people have lost confidence in the Dominica Judicial System.
      Actually what the Chief Justice stated is all talk and nothing but customary talk. It goes in one ear and comes out the other.

  3. Morihei Ueshiba
    September 18, 2013

    Is it me or i find those speeches from the judiciary seem much different from the actions of the judiciary, wasn’t this the same judiciary that ruled on the rule of law for the dual citizenship case just amazing how they all see the problems but do nothing in there positions. :mrgreen:

  4. ZULU
    September 18, 2013

    Respect for the rule of law will be lost when the leader of the country says no constitution no law can touch him.

    Respect for the law will be lost when a lawyer is involved in reaping off his clients and gets no punishment

    Respect for the law will be lost when police officers involve in criminal activity and coverup and openly campagne during elections and get special treatment from the PM

    Respect for the law will be lost when magistrates and judges become to political and is afraid to render justice

    Respect for the law will be lost when drug dealers and murderes get a slap on the wrist and a few days vacation only to return to the public and have victims leaving in fear.

    Respect for the law will be lost when the less fortunate cannot afford an attorney and is given the short end of the stick due to poor representation

    Respect for the law will forever be lost when those who make, enforce, and interprete the law openly break the law without consequences.

    • Nomination committe
      September 18, 2013

      ZULU

      Can you point out which constitution or law that could prevent that leader from being nominated?

      Do you have respect for the decision of the court as the judge was saying.

      The leader you are revering was well within the law and he was vindicated by the court.

      It is just a silly exercise by the UWP to deny the wishes of the masses. They know that. Read the decision of the court

      • ZULU
        September 18, 2013

        Why do you think in most supreme courts there are more than one judge, and there is an appeal court? It is because the opinion of one can be bias for whatever reason. So that does not always make the final decision right. To your first question. You can nominate anyone it is a matter of whether or not they meet the constitutional requirement. And has to be agreed upon by all parties. However some people would nominate who they want irrespective of the constitutional criteria to push there agenda thereby showing a lack of respect for the constitution.

      • Papa Dom
        September 18, 2013

        “He was vindicated by the court” do you know the meaning of the word? He would have been vindicated if the court, as is the norm, had allowed disclosure. He would have been vindicated if the AG, as he is advised to do by the constitution, had joined the people in enquiring into the existence and use the French passport.

    • Lougaoo Mem
      September 18, 2013

      Zulu,
      You couldn’t have said it any better. Therefore, I fully approve this comment to the Chief Justice.
      Thank You!

      • Mie
        September 18, 2013

        Don’t forget. This statement was taken out of context. We have better things to do with our time than to seek to create division and confusion. We are simply not helping the country we claim to love. Our lust for power is clouding our vision.

  5. Papa Dom
    September 18, 2013

    So does that mean Madam, that we are likely to see the rules which relate to election law put in place very soon? One of your predecessors noted that it was very important and urgent for these rules to be formulated but to date nothing has been done. So I for one will be eagerly waiting to see how you perform in that regard. After all its all about the rule of law. We would n

    • Papa Dom
      September 18, 2013

      Not want to hear that CPR 5 does not apply but we cannot give a proper ruling because the procedures which the court was supposed develop are not in place even after 35 yrs of independence.

    • Nomination committe
      September 18, 2013

      The court also ruled that these regulations should provide to make petitioners pay cost for bring frivolous elections petitions to the court like on the two last occasions when the court ruled that the UWP went on a fishing expedition.

      They must learn to stop that. They had no other choice. They were only trying to make themselves look relevant.

      • Papa Dom
        September 18, 2013

        Do you know what you’re talking about?

  6. Da
    September 18, 2013

    She looks very youthful to me. needs more experience for this tough job

    • Justice and Truth
      September 19, 2013

      She has the education and credentials otherwise she would not have been appointed.

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