Defense lawyer takes bail application to High Court for theft accused after being denied by magistrate

Two young women accused of theft of over $ 211, 365.87 from  J. Astaphans and Company Limited were on Friday afternoon granted bail of $210,000 each.

Nolyse Nicky John Baptiste of Goodwill and Mary-Ana Lee of Gutter Village are jointly charged for the missing sums of money, which they allegedly wired to a Roseau Cooperative Credit Union and a St Alphonsus Credit Union accounts.

The alleged theft occurred between February 1, 2010 and March 19, 2010, and John Baptiste and Lee were employees at the company at the time, according to the police prosecutor.

John Baptiste’s defense lawyer Zena Dyer had walked out on Magistrate Ossie Lewis at the Magistrates’ Court, while he was addressing her because he denied her application to grant her client bail at the time.

Consequently, she took the matter to the High Court of Justice that same day and made a bail application there, where Justice Brian Cottle granted bail to Jno Baptiste and Lee.

Lee is represented by Attorney-at-law Geoffrey Letang.

During the time Dyer became angry at Lewis, the police prosecutor had made an application to Magistrate Lewis for the two accounts to be frozen to allow police to continue their investigations without the risk of evidence being tampered. Magistrate Lewis, who said he was unfamiliar with the legislation referring to freezing accounts decided to withhold granting the defendants’ bail, until he was certain whether the court had the jurisdiction to freeze the accounts.

One of the conditions of the young women bail set at the High Court is that they seek permission from the court before conducting any transactions with the two credit union accounts.

The offense is an indictable matter which will be tried at the High Court of Justice before a judge and jury.

– Staff reporter

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37 Comments

  1. wat a ting
    November 3, 2010

    I GUESS MONEY TALK BULLS.. WORK WHERE IS THE EXAMPLES SET WELL SA

  2. SOMETHING WRONG SOMEWHERE
    March 31, 2010

    DA GETTING FROM BAD TO WORSE…SO THE LAWYER DON’T GET WHAT SHE WANT IN THE MAGISTRATE’S COURT SO SHE GO TO THE HIGH COURT AND THE JUDGE GRANT HER THE APPLICATION…WHAT MADNESS IS THAT…THE EASTERN CARIBBEAN SUPREME COURT MUST LOOK INTO THE WAY THE COURT SYSTEM IS BEING HANDLED IN DOMINICA…IS THE JUDGE CORRUPT? I CANNOT UNDERSTAND THAT NONSENSE AT ALL…SOMETHING WRONG SOMEWHERE

  3. POSSIE SPIRIT
    March 31, 2010

    Tell ossie that ignorance of the law is no excuse. IF is the accused that did not know the law he would say ignorance of the law is no excuse so up to prisson you must go.

  4. source
    March 31, 2010

    respect ma dyer good job on representing your client, but the magistrate doh easy he doh no about freezing accounts so he not giving them bail because of his ignorance, after all man magistrate you have to do better than that so long you in the business you should know these things and save yourself the embarassment

  5. child
    March 30, 2010

    the young ladies can laugh at the magistrate when the see him (thanks to ma dyer)

  6. child
    March 30, 2010

    only in dominica …………………

  7. VALDA BRUNO-DURAND
    March 30, 2010

    MA DYER TAKE IT TO THE NEXT LEVEL WHAT WRONG WITH ALL YOU

  8. VALDA BRUNO-DURAND
    March 30, 2010

    OH HOW EASILY WE FORGET, WHO WAS IT THAT SAID THAT ” DOMINICA IS A LAWLESS

    COUNTRY” MA DYER IS THE BEST SHE CAN MAKE YOU THINK YOUR MOTHER IS A MAN DO

    YOUR WORK EH LATER FOR THE YOUNG LADIES SAKE I HOPE THIS IS ALL A BIG MISTAKE.

  9. Dr.Finger
    March 30, 2010

    The old boys club at work again. The status quo is alive and well in the judiciary. No wonder they all hate Tiyani because he will not put up with the old boys/girls club. I hope the AG and Minister of Legal affairs are following closely.

  10. Songre
    March 30, 2010

    DNO, I want to thank you very much for the opportunity that we have today to be able to share our views in whatever way we deemed necessary in a very lawful way. Thanks again. we love you so much its been a great pleasure to read your paper on a daily basis and share our thoughts on occassions. ‘
    In commenting on the above I must say that I agree with Zengleden but we must understand there will always be disagreements in these things some of the people making some of these comments either they obviously does not know the law or is naive about it and at some point in their life they may face a similar situation.
    The lawyer is duty bound to defend her client and if she does not justice will be seems not to be done. Absolutely no disrespect to the Magistrate he has the Authority in his Court Room he can do whatever he pleases in the confines of the law and has a lot remedies available to him to deal with a lawyer who may have breached the bar on grounds of Ethics, So she applying to the High Court nothing is wrong with that. The couple will be tried by a Jury of their peers and justice will be served I can assure you that just let the justice system run it’s course. Please let us be more responsible with our comments we are not always right. Love u guys, God bless the people and our fair land. Thanks

  11. Patriotic B
    March 30, 2010

    Honestly, Mrs Dyer knows the law very well and she is a damn good lawyer. I am in no means in agreement of her walking out of court and I condemn the acts of the accused BUT, How on earth murderers are granted bail in a second and they are denying bail to thieves? I understand the fact that they want to ensure that the accused don’t tamper with evidence but they can be granted bail with restrictions as the High Court did in this case.

    Mr Lewis needs to learn the law before challenging Ma Dyer who is one of the best lawyers Dominica will ever have.

  12. Anthony P. Ismael
    March 30, 2010

    While all accused are innocent until proven guiltiy, did the defendants in this case not believe that they would get caught? Tracing these large sums of monies from their employer to local credit unions at home is as easy as eating apple pie.

    With reagards to thier attorney walking out during court proceedings, this is unacceptable. We must continue to remain vigilant and maintain a healthy respect for the legal process, regardless of one’s personal feelings or opinions.

    If our faith in the justice system deteriorates, then anarchy is the end result. The judicial system and its processes are far greater than the personal feelings of any one individual. While it’s difficult to argue with end result (Client receiving bail) the attorney in this case is not above the law.

  13. Citizen
    March 30, 2010

    Hasn’t anyone heard of a right to liberty? Well they have a right to liberty and the offence is indeed a bailable offence. We need to stop this sort of commenting when we do not know the facts of the matter. Everyone is innocent until they are proven guilty- so they are innocent right now until later.

  14. Mike the Knife
    March 30, 2010

    It would appear that Mrs. Dyer clearly has no confidence in Magistrate Lewis and therefore went to the the High Court. Her action of walking out on the magistrate is downright rude and she should been held in contempt of the court, Regardless of how she feels about the Magsitrate, she should and must conduct herself in a manner befitting her role as a member of the legal profession and an offcier of the Court. Why didn’t the Magistrate hold her in contempt? It does appear some people in Dominica can do whatever they want because over time they have been allowed to do so by people who cower and are intimidated because of these people’s position, wealth, influence or name.

    Another example of the nonsense that’s going on in the legal system and, generally, Dominica. More and more, Dominica is becoming the Wild West where Might is Right.

    • BULL
      March 30, 2010

      What the hell should Ma Dyer be held in contempt of court for? The lady responsibility is to her client and not to teach that slow boat to china. Some guys were accused of sodomizing a young girl and were granted bail. Hi end criminals granted bail. One man shot another in the public view and walks the street. Two young ladies accused of theft are denied bail while the magistrate learns the law.

      Give me a cucking break. I do not condone their behaviour but our justice system is too unfair.

  15. truthful
    March 30, 2010

    I am waiting to hear how and when Prime Minister Skerrit will be involved in this one since everything – bad, that goes on among the judiciary and Magistracy these days has a poitical connection going back to Mr. Skerrit and his plans for a one party state – as they say

  16. L
    March 30, 2010

    is the issue whether dyer is good or not?

    or whether she was damn disrespectful of Lewis and the court?

  17. Fairplay
    March 30, 2010

    There should be special training for magistrates.

  18. D V T
    March 30, 2010

    This is ridiculous now. Instead of going after Tiyani go after that damn judge.

  19. cynical
    March 30, 2010

    i am not saying i agree with what they did .just saying if murderers get bail why shouldn’t they

  20. STAY TUNED
    March 30, 2010

    These lawyers continue to contribute to the increase in Crime in this country. Majority of the persons in this country who break the law and know they are wrong, turn particularly to them to lie and manipulate their way out of trouble. It is Dominica that is suffering while they fill their pockets with large sums of money from clients…

    • Eric Cartman
      March 30, 2010

      hey ‘stay tuned’ i think you forgot to say it’s skerrit fault. and all the other gibberish you spew on here all the time.

      i know during your delusions you thought that uwp would be in office the day after the first court date lmao. wat a dumb *ss you are. couldn’t resist getting at u lol.

  21. ouboutou
    March 30, 2010

    Wow Wow Wow

    Zena Dyer walked out on magistrate Ossie Lewis?

    Ahh papa.

    Our justice system is just too dam slack. I wonder what the magistrate would have done had it been a police officer walking out or an accused walking out. Mr Lewis, aren’t you the one in charge of your court? But again,,,,,some people are just too big to be guided by our “small island’ laws.

    This Mrs Dyer should be made n example out of. That is real nonsense and lack of respect. Where is the “contempt of court” charge?

    Seems depend on who you are and what name you carry, there is no law to keep you in check.

    Eh las. Only in Dominica.
    It’s a shame.

    God bless

  22. Punisher
    March 30, 2010

    zena should have been held in contempt of court and be sent to stocky to do 7 days….. Gross disrespect

  23. steve
    March 30, 2010

    Gross disrespect but if the law allows it then the magistrate is well within their rights.

  24. Anonymous
    March 30, 2010

    HMMM!

  25. D/can to the bone( foreign)
    March 30, 2010

    Only in D/ca this slackness goes on…….. All you not easy . the accounts needs to be frozen while investigations is on going to determine the source of the transactions .

    My people really get away with murder papa

  26. Lord Blackstone
    March 30, 2010

    Congrats ma dyer u got the bail, keep on fighting them.

    • ..................
      March 30, 2010

      Yah… She really is worth what she charges and boy does she charge.

  27. balance
    March 29, 2010

    a a look story. dt just like…”mamy can u give me 100 dollars to go roseau please?…mum says'”no, and u not going roseau” “daddy can u give me a 100dollars to go to roseau please? dad says”yes off course, i know i shouldnt give it to u but u will get vex and stomp around.” loll

  28. Mr. Right
    March 29, 2010

    something is not right here.. i don’t know what.. someone please tell me……

    • Here
      March 30, 2010

      Isn’t there something called “contempt of court”? This attorney is in contempt and should spend a night in jail herself. No one has the authority to disrespect the court, but hey, is DA we in. I forgot!!! Next

  29. zengleden
    March 29, 2010

    Mrs Dyer is indeed a bosss- she knows her stufff to the bone. Mrs Dyer knows the law to the bone and how wonderful it is to seee such good lawyers in Dominica. Big up to the Dyers ! We need more lawyers like this who know their stuff to the T.

  30. Anonymous
    March 29, 2010

    Well Zena Come out

    Instead ossie talk calypso on radio he should be studying his law books

    Matt will have beff tomorrow papa!

    • LOOK JOKES
      March 31, 2010

      ‘lollll’ good 1

  31. Call a spade a spade
    March 29, 2010

    now take that in all you haterz pipe and smoke it. The woman is just good. You all Dominicans to dame like mediocre and like to make excusses for poor performance, especially these dame diasporas that have to work so hard in ice box, maybe their brains freeze up.

    Way to go Ma Dyer.

    • Nonesense
      March 30, 2010

      Stop hating on the Diaspora…….I really think they should shut of all remitances and barrels to DA for 6 months so all the haters can have a reality check.

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