A magisterial conviction and sentence imposed against Andy Paul for threatening and insulting language has been quashed by the Eastern Caribbean Supreme Court of Appeal.
Paul, who resides in the north of the island, appeared before the justices of appeal on Thursday where he was able to convince the court that Former Magistrate Tiyani Behanzin had imposed too harsh a sentence and had conducted an unfair trial.
Paul had pleaded not guilty to the offenses which reportedly occurred on February 26, 2009. The magistrate decided he wanted the matter heard immediately after the plea, found him guilty on both counts and sentenced him to 14 months prison.
“The appellant should at least been given some time to prepare his case,” Darius Jones, Paul’s lawyer told the court.
Jones also argued that Behanzin had applied the wrong section of the law with respect to the threatening language charge. He believes that the appropriate section would have provided for a $250 fine or one month in prison.
The attorney also said that the complainant, Vincia Christmas, was a neighbor to Paul and was the police officer who arrested him.
Paul had told Christmas from the side of the street near her home on the said date, “I cannot wait for you to retire from the police force. Is not long again…I must give you what I have for you. I must kill you.”
He had also stated, “I putting you down with my cutlass.” According to court the complainant had been so frightened after hearing the threats she did not know what to do.
Jones unsuccessfully attempted to convince the judges that Paul’s statements were not ones to incur immediate fear on the complainant.
“That is a direct threat, simple as that,” one justice of appeal said in reply.
Paul had previously received a suspended sentence for a similar offense. This occurred two years prior to the latest incident. By committing the threat offense he breached the terms of the previous sentence and fell liable to spend additional time in prison. The sentences were set to run consecutively.
The defendant had served a total of 16 months in jail.
I am wondering what the qualifications are to become a judge in Dominica.
Not that I am looking for a job, …
Sincerely, Rev. Don Hill.
The right to appeal is the most misused and abused exercise in the entire justice system in any nation where it exists.
I was taught an appeal can only be heard if it can be shown that the judge wrongly instructed the jury. But you would have to look pretty close in some cases to see where the judge did this.
It seems that a lack of appreciation for justice, an inordinate softness towards criminals, a desire to score points in the eyes of his (or her) associates in office, or something even more sinister should be looked for either in the justice who approves the appeal or the one who hears it, maybe both.
The right to appeal is necessary because there are certainly judges and juries who get it wrong the first time. In Canada and the USA there have been innocent people sit in prison for years before a detective (usually new on the job) takes an interest in the case, reopens the file, and proves the convict innocent.
But it is appalling to see cases appealed without proper
grounds when guilt has been proven, and the sentence was reasonable. Justice is not served, and tax payers money is wasted.
Sincerely, Rev. Donald Hill. International Evangelist.
Former Licensed Private Investigator. Lic. No. 142306 Province of Ontario, Canada.
The right to appeal is the most misused and abused exercise in the entire justice system in any nation where it exists.
I was taught an appeal can only be heard if it can be shown that the judge wrongly instructed the jury. But you would have to look pretty close in some cases to see where the judge did this.
It seems that a lack of appreciation for true justice, an inordinate softness towards criminals, a desire to score points in the eyes of his (or her) associates in office, or something even more sinister should be looked for either in the justice who approves the appeal or the one who hears it, maybe both.
The right to appeal is necessary because there are certainly judges and juries who get it wrong the first time. In Canada and the USA there have been innocent people sit in prison for years before a detective (usually new on the job) takes an interest in the case, reopens the file, and proves the convict innocent
But it is appalling to see cases appealed without proper grounds when obvious guilt exists, and the sentence was reasonable. Justice is not served, and tax payers money is wasted.
Sincerely, Rev. Donald Hill. International Evangelist.
They are doing all this to try to tanish the reputation of Mr Tiyani behanzin but only time will tell.
When the political machinery of Dominica think is Tiyani they burying they will find out that it is much easier to get rid of gramoxone (the poison) early than to wait until your baby drinks it thinking it was coke.
Not too long the Prime Minister was telling us as Dominicans to protect ourselves from criminals. What they fail to understand is, when these guys are found guilty and dealt with according to the law, to have other judges reduce the charge or even worse quash the case, we the people and most times those who are not able to protect themselves will end up paying for it later. No wonder we have so much crime on our lovely island today.
Based on the article it is clear that Mr Paul has issues with threatening people. Freedom of Speech do not extend to making such vile threats against anyone. I also think fourteen months is a harsh sentence rather it should be Six Months since he is a repeat offender and a fine not to exceed One Thousand Dollars. The victim should received an Order Of Protection against him. The Order Of Protection should also stipulate that he is forbidden from keeping any cutlass in his home or on his property. It is a funny world because I came to Dominica in 2010 to take care of my family land in Laplaine and my cousin threatened to kill me because he thought he would get my mother land and we would not return to claim our mother land. I did not file any report with the Police because I reside in New York although it was a really serious situation.
Wow,
did you guys really read what was said. The magistrates intent was not exoneration of the individual… they were addressing the fact that judicial fairness was not applied in sentencing that individual.
SOUR SOUR IS A MAD MAN
I HAVE A GO PWELL
I MAKING MISTAKES
AND PEOPLE FIND OUT
DAT I DOH KNOW NO LAW
Right now it is safe to say that you have something personal against Behanzin. He will continue to rise….trust me on that.
I am keeping score. Criminals twenty, Law Abiding Citizens zero. I am not advocating anyone taking the law into their own hands, but it is time to turn that around. Start off the New Year, Law Abiding Citizen one, criminals zero. Results achieved through legal means or by ‘whatever means necessary’ to put those with total disregard for the rule of law out of business.
WHAT ARE YOU TRYING TO SAY
WHEN PEOPLE ON D BENCH DONT APPLY THE LAW IN THE RIGHT WAY DATS WHAT WE GET SQUASHED CONVICTIONS …IT HAS HAPPENED OVER AND OVER AGAIN AND NEVER IN DOMINICA’S HISTROY OR EVEN WITHIN THE OECS THAT SUCH FOOLISHNESS HAS HAPPENED.
WE HAVE/HAD BECOME THE LAUGHING STOCK OF THE CARIBBEAN AND THIS IS THE HARD FACTS….ARROGANCE LACK OF HUMILITY JUST DID NOT DO THE TRICK…..GRAND STANDING ON PANEL DISCUSSSIONS AND WORKING THE MEDIA WAS A PLOY WHICH FAILED AT COVERING OBVIOUS WEAKNESSES IN THE MAN’S UNDERSTANDING AND APPLICATION OF THE LAW IN DOMINICA.
MANY LAWYERS FELT A GREAT DEAL OF DISCOMFORT OVER HIS ATTITUDE AND HAD THE OPPORTUNITY TO BRING THIS TO THE GENTLE MAN’S ATTENTION YET HE DIDNT LISTEN.
CONSPIRACY THEORIES DONT WORK IN DOMINICA. THE ATTEMPT AT WORKING THE MEDIA IS DELUSIONAL AND A MERE TACYICS THAT IS DIRECTED AT MIS LEADING AND DSITRACTING THE GENERAL PUBLIC AS FAR AS IT PERTAINS TO THE INDIVIDUALS CLEAR LACK OF DCENET KNOWLEDGE OF THE LAWS IN DOMINICA, OUR SENTENCING PRACTICE AND OTHE CRIMINAL AND CIVIL ULES OF PROCEDURE……..
JUST GO TO THE REGISTRY AND MAKE YOUR RESEARCH OR SPEAK TO OTHER LEGAL PRACTIONERS IN DOMINICA AND THE OECS AND YOU WILL BE TOLD WHAT HAS GONE WRONG.
WHENEVER IT MATTTERS FOR US TO COME FORWARD AND DEFEND OUR JUDGEMENT WE PLAY HOOP SAY-WAY AND SUBMIT DOCTRS MEDICALS ETC ETC ETC AND NEVER ON ONE OCASSION THAT A DEFENCE HAD BEEN ADVANCED OF THE DECCISIONS MADE TO A HIGHER COURT…WHAT DOES THAT SAY ABOUT THE SAID INDIVIDUAL
I GUESS SUCH IS LIFE
MY FAMILY DID NOT BEQUEATH A PIECE OF LAND CALLED DOMINICA FOR ME
I DONT HAVE TO PUNISH DOMINICANS FOR THE DEATH OF ANY MEMEBER OF MY FAMILY
THE LAW IS THE LAW AND IT HAS TO BE UNDERSTAOOD FOR IT TO BE JUSTIFIABLY APPLIED AND A LACK OF KNOWLEGE OF THE LAW MEANS A LACK OF PROPER APPLICATION…A LACK OF PROPER APPLICATION MEANS THE ISSUANCE OF INJUSTICE….HOW THEN DO WE IMPROVE WELL ITS SIMPLE GO TO LAW SCHOOL IN THE CARIBEEAN AND PASSS BAR FINALS EXAMS AND BE QUALIFIED AND HENCE KNOWLEGABLE IN THE LAWS IN OUR CARIBBEAN JURISDICTION AND THEN THINGS WILL BE MUCH BETTER!
DONT THINK DADDY LABOUR PARTY OR MAMA LABOUR PARTY OWS YOU NOTHING AND DANCING WITH THE PRESS AND ACCENTAUATIONS MAKES NO SENSE ON 21 CENTURY DA!
There is something called ‘judicial precedent’ which means that all similar cases should be decided in the same way. This is how rules of law called the ‘common law’ are developed. There are logical reasons for each of these rules. One rule is that an accused person is considered innocent until proven guilty. Another rule is that a person must be given sufficient time to prepare for his/her trial. If these rules did not exist then the probability of sending innocent persons to prison would be quite high. Such travesties of justice must be vigilantly avoided hence the reason why this conviction was quashed. Politics and personal feelings must be divorced from justice. This isn’t about the Magistrate, it is about Justice.
He is also a stalker. Can you imagine somenoe who has threatened you so viciously, and daily steers you down,the first thing you see in the morning and the last at night, and he’s getting a christmas gift for his actions ? What message are we really sending to such lawless people? Woman, protect yourself at all times and the first chance is yours.
0.I FORSEE BEHANZIN WILL BE THE PRIME MINISTER OF DOMINICA IN THE NEXT FOUR YEARS,THEREFORE HE WILL TAKE CARE OF THOSE FLIPPING JUDGES.
So if tomorrow, he really end up doing that crime or similar, God forbid, we will be singing a different song….”if I knew”
So..that’s the established ploy to discredit Tiyani.Mmmmmm.
D MAN MUST APPLY D FREAKING LAW SO DAT REAL CRIMINALS STAY IN JAIL SO MANY ARE ON D STREETS BECAUSE OF TECHNICALITY AND SOME PEOPLE DONT RECOGNISING DAT
IF HE HAD ONLY APPLY THE LAW PROPERFUL DEN THE COURT OF APPEAL AND HIGH COURT WOULD NOT SQUASH THE CONVICTIONS SIMPLE ENGLIGH
DOUNCE DOUNCE DOUNCE
if the man is a repeated offender
he needs to be dealt with with a steeper penalties
it’s peoples like him would brag that they don’t care spending a little time out stocky but we do what ever they have to
because they just don’t care
they are happy because they get their tree meals on time,plus Tv at their service
wELL IF MURDERERS GETTING FOUR YEARS JAIL AND IN SOME INSTANCES BAIL AND ALL MUCHLESS PERSONS WHO THREATEN TO KILL = JUST NOW THE COURTS WILL START COMPLEMENTING FELLARS FOR SWEARING AND THREATENING AND SENTENCE PEOPLE LIKE ME AND YOU FOR COMPLAINING WAIT AND SEE.
But that is just utter rubbish. The man is a repeat offender for the same crime and all you making it look like the presiding Judge made an error in his sentencing?
I wonder if these appeal Judges live in Dominica?
That is why criminals are so bold them season there…
i agree with you.
Boy, I am so afraid to be in Dominica now its not funny. I used to walk at anytime of the night anywhere, now I am even afraid to walk in the day in my yard. Alsa what has our beautiful country come to. No regaard and respect for our laws. It’s plain if the custodian of the law does not respect the law farless for the ordinary bearfoot man.