Lester Elizee has realized the errors of his ways and vowed never to repeat them as he has been released from prison nearly a year and a half before the completion of his term.
Today, Elizee presented the Eastern Caribbean Supreme Court of Appeal with an application that was granted and regarded as an appeal against the wrongful sentencing by a magistrate last year.
Elizee had been ordered to serve a three-year jail term in default of paying $40,800 forthwith after he was convicted of possession, intent to supply and intent to export cannabis.
According to the justices of appeal, who presided over the matter today, the law states that Elizee was only required to serve six months in prison in default of the said payment.
The facts of the matter, according to lawyer Dawn Yearwood-Stewart, was that Elizee was caught carrying a quantity of the said substance in his luggage while attempting to leave the island on June 25, 2009. Airport security discovered the cannabis during a routine search and detained him.
He pleaded guilty to the charges the following day when he appeared before the said magistrate and was sentenced. He began serving the jail term that day as he was unable to pay the fine.
Yearwood-Stewart drew attention to the fact that the magistrate in question had erred as he disregarded the relevant legislation that should have been be considered during sentencing.
“The most he could have imposed would have been six months,” Yearwood-Stewart stated.
Elizee has already spent 17 months in prison for his offense. The application was treated as an appeal upon a request from Yearwood-Stewart and Elizee’s sentence was reduced to six months, taking into consideration time already served.
Upon walking out of the parliament building (where appeal sittings are being held), Elizee made a sprint out of the compound towards the central town area.
Reporters who followed were able to stop him for pictures and comments, to which he stated, fidgeting with contentment: “My first time I getting involved in that and they catch me. I not gonna do them thing again. I finish with that. My first time in jail…
“Right now I just want to go in the sea!” Elizee exclaimed, jumping with outstretched hands.
I wonder who was that magistrate, and why his name is being with held. If is Tianzi, they would have already mentioned his name. So if is he, do so, because it would come as no suprise, since all guns are pointed at his head. If it’s not him, why the secrecy?
@Proud Dominican: thanks i never knew that,,,but it seems the masses don’t know about that option
@mouth of the south: Yes people do sue the state in dominica…..it is just under cover. Often times the state settles out of court, so it never make the papers.
@gaynproud:
GAY& proud, you don’t have to expose your radicle on de man like that eh?
Just cool down your temper. ok ?
He has realised his mistake and trust me I know he will not put his self throw that again. Everybody makes mistakes. Who are we to judge people when we ourselves are to be judged. My boy make the best of it tell yourself you are a better person and you can make it.
how do you know so well do you know les
i hate drug dealers, traffickers whatever they call themselves. I would get rid of all of them. One bullet at a time.
@gaynproud: last i read i saw that is was a wrongful sentence,,,also it states the judge had erred in handing the sentence,,,also the most he could of served was 6 months but was given 3 yrs over a year of that have been served,,,,so don’t tell me he cant sue the state,,,stop being foolish,,,,it seems u tryna b the devil’s advocate jus cuz i am the one openly bashing ur stupid statements n ur old belief,,,,man 4 woman n woman 4 man,,,,no where the holy book say man 4 man allu to nasty,,,u know well that i right to ask whether he can sue,,,,u jus wanna highlight my name,,,,,,well go ur way sackway macko sal
That is what happens when you “vole yon chans” (steal a chance), knowing full well that there is a BIG RISK of getting caught, and even serving LONG TIME in an overseas jail.
Who was the Magistrate….????? Was it the famous……???????
Who was the Lawyer…Was it the famous………????????
@mouth of the south: Again mouth of the south! You have opened your smelling mouth to make the smell out. Every post you confirm in the readers mind the fact that you are ignorant, uneducated. He was not wrongfully imprisoned you” jell sarti” so he cannot sure the court system. He sentence did not comply with what is stated in the law books. That is what the appeals process is there to do. Nothing worse than an ignorant uneducated fool loose in a public forum, oh gosh man!
It is time that the rastarfarian community in Dominica state a process of discussion towards the legalization of marijuana. It is crazy that a murderer and crack dealer will get a lesser charge than someone caught with marijuana. There are many other uses of marijuana that can be expanded on by the Rastafarian community in Dominica that would generate employment and income for them.
Legalize it.
There is no way I could ever believe in this secular system! I hate it with a passion! Any harm done against us in Dominica we are taking are of it the islamic way. Hands and heads getting chopped off!
We do not believe in the police here, they are corrupt and sick. The muslim have no choice but to set up their own army bc there is no security in the land! We do not believe in the judiciary or the politicians because they think with their private parts and stomach. They lack any form of noble qualities. This is a satanic system!
@Looking in from the outside: i will say again u guys are the same one’s that cry on here when crime happen. see what he got is what they should be handing out
but these laws are so back in the day with no change in sight say 1 now say 2 he should be lucky
is da he got caught the nxt port of entry lets say the us he wld get all his jail talkn about 1st time
dont get me wrong i dont smoke weed but i have no problem with any one that do not once i see
any one smoke weed and go paro mabe if we know we will get more jail than wat we soppose to get
we will not do the crime we are 2 face people we cry when they kill we cry when they get to much jail time.
THIS MAN SHOULD BE ALLOWED TO DO WHAT HE WANT TO THE MAGISTRATE.
don’t we take the state to court in dominica,,,i mean,,mr could sue the state for $500000.00 and hopefully get $150000 get wat i saying,,,,u could even sue for 1 mil,,,,in the u.s something so u sue for 10 mil and u might get 3 or 5,,,,,,dat is serious seen,,,if people were taking such actions in d.a then the system would buck up,,,,,my boy take the country to court boy,,,,d.a giving anguilla money so we have money to pay u son,,,,take dem man to court,,,consult with ur lawyer on that situation,,,,that would be a good start
MY COUNTRY IS A SAD PLACE YOU GET MORE TIME FOR MARIJUANA THAN KILLING SOMEONE
Does that mean that this guy spent an extra unlawful 11 months in prison?
If that’s the case what an error.This man should take legal action against the state and the state in turn should make the magistrate pay for his error.
This is a threat to the citizens when someone who is charged to be passing judgement could be so lazy in performing his duties to the point where he is unaware or paid complete this regard to the relevant legislation.This man should be removed from the bench.
Again, I ask what is happening to the judiciary in My Country? The system is unpardonably slack, Lawyers, Magistrates and Judges, all of them seem bent on giving third world a new meaning. Mr Attorney General and Minister of Legal Affairs, I urge you to investigate. Tax payers money is wasted on this incompetent lot.
People change bro, people change. God gives everyone a chance to change their lives, so who are you to judge the young man… Common..
people jus going free man?
Unlike many Dominicans, I will not cast judgement nor will I condone his actions. I hope this serves as a lesson to him and he does not fall into that trap again!
I know this young man, i grew up very close to his family…
And i must say that this is a situation of “a good young man caught up in the wrong things and who made some terrible decisions.” Lets not judge his actions but pray that God directs his path and that he in turn makes better decisions.
A lesson to be learnt
The question I have is who is the Magistrate?
It would seem that these magistrates are incompetent or just lazy. They do not know the sentencing guidelines.
This guy should be able to sue to magistrate/government for spending more time in prison that he should have.
Where Ozzie and Tiyani or whatever is his name there….talking so much crap about everything else but doing a poor job.
Maybe we should have a symposium or forum on what an idiot these guys are.
Lawyer my foot
correction…HE RIGHT
“My first time I getting involved in that and they catch me. I not gonna do them thing again. I finish with that. My first time in jail… Right now I just want to go in the sea!”
HE LIE