Haitian National Ernst Richmond, who was sentenced to one and a half years in prison for wounding in March 2010 has been released by the Eastern Caribbean Supreme Court of Appeal following a successful appeal.
Richmond appeared before the court on Thursday where he was able to convince the justices of appeal that he had had an unfair trial as the magistrate who presided over his matter had gone on with the case after he (Richmond) told the court that he was unable to understand English.
The justices of appeal ruled the time served in prison be regarded as his sentence and no retrial was ordered.
According to the court, Richmond had already spent a total of about 20 months in jail prior to his release.
The defendant had committed the offense while on bail.
Richmond admitted that he had learnt more of the English language during his time of incarceration but had to be provided with the services of an in-house interpreter at certain times during the proceedings.
He was sentenced by former magistrate Tiyani Behanzin.
before jumping on the band wagon we should reread the article .the man was sentenced to 18 mths. he stayed in jail for 20 mths. the judges said he had already served his time , they did not say he was not guilty,whats wrong with that?
In my humble opinion the is CCJ bad for Dominica and the caribbean on a whole. adopting the CCJ as our final court of appeal will become the greatest injustice to the justice system. Time will tell.
THIS IS WHY I AM AGAINST THIS CCJ BULL…IT..LETS HOLD ONTO THE PREVY COUNCIL..THESE JUDGES ARE TOO POLITICALLY INFLUENCE..THESE TWO CASES THE GAVE VERDICT ON TO REALESE THE PRISONERS IS JUST A BIG JOKE.THE CRIME AND OFFENCES WERE COMITTED.THEY SHOULD SERVE THEIR TIME..THIS IS WHY PEOPLE TAKE MATTERS IN THEIR OWN HAND.
The court of appeal supports the criminal. Where must the victim find justice?
He cannot understand english but he can understand wounding. These people play us for a fool. Their excuse for everything is that they cannot understand english. Well stay where they speak french!! That way you can always understand!!! By the way, I see court overturning all rulings. It is alright. Send them back to society to be repeat offenders and to make good on their threats.
REMEMBER THEY WARN US WITH HATIANS AND SOME SAY LEAVE THEM CUZ THEY ARE POOR. THATS THE BEGGING WE WILL NOT HAVE STRENGTH TO SEE THE REST. I FOR SURE WILL NOT WALK CLOSE TO THEM BUT I WILL HELP THEM IF THEY SICK AMEN. YOU ALL THINK THEY EASY I TELL DOMINICANS PRAY THATS THE ANSWERE GO GUADA ALL U WILL KNOW MORE ABOUT THEM.
I HAVE NOTHING AGAINST HAITIANS BUT HE COMMITED A CRIME WHILE ON BAIL HE SHOULD BE
PUNISH WHETHER HE SPEAKS ENGLISH OR NOT.
WELL HIS OUT RIGHT NOW HE SHOULD BE DEPORTED
WHO KNOWS IF HE WON’T DO IT AGAIN.
These Haitians are nothing easy you know. Imagine a Haitian taking the government to court for something he was caught doing illegally. This is some nerves…I witness this one live in court.
These people need to be sent back to their damn place they got too much authority in another persons country.
A man who speaks English very well gets out because it is alleged that there was no interpreter. What’s about justice for the victim? I cannot understand what the court of appeal is really about. It’s a mercy committee.
deport him !!!!!!!!!!!
I hope he is being deported now that he is out of jail because when dominicans commit crimes outside there and are imprisoned, as soon as they are released they get deported never to return to that country again so i hope dat haitian have been put on a plane back to Haiti by now
Well the magistrate ought to have known and followed the Judges Rules in that the defendant must be communicated with in a language that he understands fully. The court was required to have hired the service of a haitian creole translator.
how can you be sure that the magistrate did not? The lawyers go to the court of appeal and say whatever they want and they get their way. The DPP does not defend so whatever the lawyers says it taken to be the bible truth.
That Haitian to lie he can understand English.
If it was a Domnichen who had appealed, appeal would refuse and they maybe woulda add 5 more yrs for my fastness in appealling..”committed the offense whilse on bail” buh Tiyani had do damn right, and even if he couldn’t understand english..wrong is wrong!!