For the second time in as many weeks, High court judge Birnie Stephenson Brookes has recused herself from a court matter.
Last week the judge decided to let another colleague handle a retrial ordered by the OECS Supreme Court that she had initially handled at the High Court.
On Monday (May 21) Justice Stephenson Brooks also went the recuse route in relation to the murder trial of Dean Davis.
Davis was charged with the death of Guyanese born Ashton Gibbons.
His trial has been adjourned to 29 May, 2012 after Justice Stephenson Brookes recused herself from the matter.
It’s now expected to be heard by Justice Brian Cottle.
Justice Stephenson Brookes while denying knowing the victim, said she prefers to have the trial dealt with by another Judge, since both the victim and herself are of the same nationality.
Gibbons was stabbed to death at a garage in Melville Hall on July of 2010.
His body was found in a vehicle on the morning of the by-elections at Marigot.
Davis had surrendered himself to the police in connection with the incident.
He remains remanded at the State Prison
Meanwhile another trial, that of Julien Davis has been dismissed.
Davis appeared in court charged with wounding with intent.
The accused appeared before the court Monday morning along with his lawyer David Bruney.
According to the Judge the trial was discontinued after she received a notice of discontinuation from the Director of Public Prosecutions (D.P.P).
Davis was set free after receiving a stern warning from the Judge.
The Judge has acted hounorably under the circumstances and her decision should be respected by the public. Generally, a judge is expected to recuse him/herself if he/she believes that cogent reasons exist to do so. Justice is most times about perception. Justice must not only be done but must be seen to be done. The judge may be of the view that even if she were to hear the case fairly, free of bias and without taking into consideration extraneous factors, some may still entertain the view that she was placed in an uncompromising situation of conflict of interest.
But on the other hand the DPP discontinues yet another case I think the DPP is tired and should like the judge step aside and let someone else be made DPP; EVERY OTHER WEEK THE DPP DISCONTINUING A CASE OF TREMENDOUS SIGNIFICANTS. IS A MALT NOW!
I have greatest respect for the Judicial System in Dominica.
they only recuse themselves when they see fit…so if she was in guyana she would recuse herself for all cases involved with guyanese..
ur comment doesnt make sense… If she was in Guyana, then that would not be necessary… Its simply a matter of her using her better judgement and withdraw because she could not be accused of bias judgement… That was a very intelligent decision she made!
ur comment doesnt make sense… If she was in Guyana, then that would not be necessary… Its simply a matter of her using her better judgement and withdraw because she could not be accused of bias judgement… That was a very intelligent decision she made!
Because I am not too learnt in matters of the Court my questions to those who are well learnt is “Dosent any country, island or state ever gets a Judge of the same Nationality?” It seems so strange.
Judge Brooks, I agree with you that’s the integrity most of our politicians and persons in high places don’t have.
Let Jah continue to be your guide.
She have a right to recuse herself but hope she agrees to be duck in pay. It`s only fair.
good decision…
so Dominican judges should not hear the case of Dominicans since they are of the same nationality
I totally agree with your decision Judge Stephenson-Brooks. Although I believe that you would have been unbiased and fair, I am of the opinion that the defendant and his lawyers will appeal the case if found guilty based on your nationality and the victim’s being the same.
DNO:I find that story very bias, wi. Is like you done judge the judge already!
i agree…the way they say “again” lets the reader think negatively before even reading the article.
She did what is right, cause if the murdered guy is from her country, base on the outcome you people will gash her so this is the honourable thing for her to do, no conflict of interest
i SAY LIFEEEEE!!!!! FOR YOU DEAN
THATS A WISE SENSIBLE MOVE PRECEDENT IS SET FOR THIS ?