The investigation into the death of Kerwin “Slobby” Prosper who died in police custody over the carnival weekend can now resume as an application filed by police officers for judicial review was not granted.
Over two months ago, three of several officers under investigation for the death of Prosper attempted to end the investigation by filing for judicial review.
Prosper, 36, died on February 15, 2021, whilst in Police custody assisting with an investigation.
Prosper’s family has since stated that the deceased suffered from no underlying medical condition and laid the blame for his death on some members of the Commonwealth of Dominica Police Force (CDPF).
Prosper was laid to rest on May 21, 2021, almost 100 days after his death.
The acting Chief of Police, Lincoln Corbette, revealed, following the autopsy report, that he had requested assistance from the CARICOM Implementation Agency for Crime and Security (IMPACS) in the police investigation.
Three investigators from CARICOM’s RIMS arrived in Dominica on March 17, 2021, to probe the matter; however, three Officers of the CDPF, on May 4, 2021, sought leave from the High Court for judicial review.
At that court hearing, attorneys for the officers, Gina Dyer Munro and Zeena Moore Dyer said the investigation is illegal but the office of the Attorney General led by the AG Levi Peter opposed the application.
Following submissions from both sides, Presiding Judge, Justice Bernie Stephenson reserved judgment in the matter.
In handing down her decision on July 5, 2021, the judge stated that the applicant’s application for judicial review was not granted on the ground that the court finds that it is in the public’s interest for the investigation into circumstances surrounding the death of Prosper to continue.
In summary of her 30 page judgement, Justice Stephenson said the process and procedure adopted by the Chief of Police to launch an investigation into the matter also best serves the public.
“Against this backdrop, the claimant’s claim for judicial review does not have a reasonable prospect for success and in the circumstances, the court will not grant leave to seek judicial review,” the judge stated.
However, Justice Stephenson further noted that the application is also subject to the discretionary bar in that the applicants will have an alternative form of redress if criminal proceedings are instituted against them.
She explained that if the investigation determines that criminal proceedings are to be brought against the officers, they have the alternative of making applications for abuse of process.
The sitting judge also stated that there will be no order for cost and thanked all counsels for their assistance rendered to the court and further apologized for the delay in delivering judgement.
She said the 30 page judgement will be made available as soon as possible.
@ DNO
When you are forced to respond to someone’s comments please put a separate thumbs up/ down area so we can respond accordingly. Right now the way it is set up does not allow us to give thumbs up/ down to the deserving party but rather a general one that no one can correctly interpret. That is a very easy fix.
ADMIN: Thank you for your feedback we will take it into consideration. We are not forced to respond to anyone’s comments we choose to do so.
The leader of this country created a militia which has nothing to do with a police force as we knew it anymore. We allowed him to do so. Now all of a sudden we crying foul when these officers behave in a way they are encouraged to. Years ago I told you the police is under the direct command of this PM and what did all you do? Closed all your eyes and ears and voted for YOUR PM again. All you will see what your PM and his Militia will do to all you over the years to come… either you do what mister tell you or suffer severe consequences! We had a few examples already, the most recent being Slobby!
Well said! I wish you were the lead prosecutor in this case. The Skerrit militia is made up of school dropouts, remedial, bandits and shady characters. All they know is brute force. Most cannot pencil.
In my opinion I done conclude that the same gangsters that firebombed the house of GON Emmanuel, is the same gangsters that laid Rosie and Piero to rest. In fact I believe the same gangsters that protected Alireza Monfared is the same gangsters that behind the death of Prosper is the same gangsters behind the abduction of Mehul Choksi. So all the police have to do is honestly investigate any one of the above stated matters and BOOM! The gangsters would be exposed and everyone of their evils would leadcto the nest of these gangsters. I don’t know who these gangsters ate5
“but the office of the Attorney General led by the AG Levi Peter opposed the application.”
This is so confusing. We do have an AG in Dominica? Then way is Lennox the presiding lawyer on behalf of the Government of Dominica, in the Mehul Choksi case?
Let me go and take a paracetamol en!!!
Peter is just a puppet that nods when Skerrit farts.
Those thugs police don’t have name if it was someone else there name will be all over dno.
ADMIN: The matter is still under investigation and the officers have not been officially charged.
The vow to serve and protect doesn’t seem to carry any meaning with the police in Dominca. Why all these technicalities? Justice delayed is justice denied. The man died in police custody why make the family suffer like this just to shirk the responsibility of the polIce? I say lock them up!! It’s about time. Did the Caricom team suggest this judicial review? If so how is this bringing transparency to the matter. The way this is being handled looks like the police are above the law. Is this part of the new normal that we were promised?
All these proceedings are just part of the big game of the government to make it appear that they are doing something about the clear cut murder of a civilian in police custody. There is a mountain of evidence available to charge these crooks with Murder long ago. But the legal system is being abused to allow the police officers to get away with it. Remember the case of the Etienne man who died in the police cells in Portsmouth? All the police officers who were involved are now free. Our system is so corrupt that you will never find justice in the system, we must start looking outside. Judge Bernie even giving legal advise to the police officers… smh.
DNO I would like to hear your fancy reason for not revealing the names of the 3 police officers who filed for judicial review. By filing for judicial review their names are now a matter of public record and as far as read from your reporting there is no gag order by the court. I await.
ADMIN: The matter is still under investigation and official charges have not been made against any of the officers.
The officers were not charged but they filed for judicial review and in so doing made themselves subject to public record. Your explanation don’t hold water and it is shameful that you are protecting the identity of persons who are making a mockery of our judiciary. You are complicit in this nonsense and you give the public more reason not to trust the media.
ADMIN: Your assumptions are not based on the facts.
Dominica does not have freedom of information laws (though we fully support enacting those laws) that would justify your ability to make a claim to such information.
Even with a freedom of information act, names of individuals are not always published (made available through public record) in court proceedings, it can vary from case to case and it depends on the written law, precedent, consideration of the facts and even the instructions of the judge.
Publishing information prematurely (especially when the matter is still under investigation) can bias/negatively impact the case.
Additionally, we are not affiliated with the police officers and have no particular motivation to withhold their names.
The names of accused are often released when charges are issued (with exceptions, see above). Stay with us. We intend to continue to follow this matter.
this is a good question… Admin, the question was not about who was charged instead it addresses who are the individuals requesting judicial review, which was at the courts and made public. DNO did not address the question.
ADMIN: We answered the question. Understand, this is not a decision DNO makes on its own, the decision to release names are often made by the court and we provided some of the reasons why.
Very simply: the matter is still being investigated and the names were not released. The names are (usually) released when individuals are charged.
We will continue to follow the matter so we expect that information to come out.
But these police officer are something else. The man died in you all’s custody and there should be no investigation? What nonsense is this? You all don’t have a heart? What is it that you all don’t want to be found?
They should not have any say in the investigation process. It is their bosses in the hierarchy of the police and government who are allowing the system to be abused. These police officers should be sitting in jail on remand awaiting trial.
God does not sleep. Justice for Slobby
Mr. Skerrit boldly recently declared that his administration is the most transparent in the Western Hemisphere. This man just continues to pimp lies.
If his regime was so open, why the concealment of the autopsy which was done using tax payers’ money? Why hide the CARICOM investigators’ report from the public which was funded by tax payers’ money?
A LIAR and a THIEF are twin brothers, in fact, they are Siamese twins.
This immoderate delay to bring charges against the culprits who savagely killed Mr. Kerwin Prosper is unacceptable.
Evidence disappears, memory fades, witnesses emigrate the longer the case takes to go to trial. Delayed justice is injustice. The hearts of the immediate family and close relatives of the deceased are weeping unceasingly I submit.
Why is it that almost everything in Dominica is bad? The police, the courts, the public service, the economy, the healthcare system, the network of roads, the public library, airlift to the country, the physical environment, tourist arrivals and the incumbent administration itself are not only bad but woefully bad.
Dominicans need to boot the current Skerrit-DLP led Kakistocracy from office in order to experience a Dawn of a New Day.
“However, Justice Stephenson further noted that the application is also subject to the discretionary bar in that the applicants will have an alternative form of redress if criminal proceedings are instituted against them.”
This is madness!!!!! Is the judge really suggesting to the defendants that there was an abuse of process? It is clear over the years that judicial review process has been abused and used mainly to stall and delay the justice process. The frequency with which it is used suggest we have a highly incompetent or downright lazy legal fraternity in Dominica. How can a judge make that recommendation when the case is not finalized and the investigations seems to be ongoing. That seems to me that there is judicial bias displayed on the part of the judge. I am no lawyer nut commonsense should tell that the judge should not be assisting neither the prosecution nor defendants in which process to take. This lady needs to get the hell out of our courts.
Those involved should have been dealt with long ago…
I would be overjoyed, if they suffer some severe consequencies, because quite frankly, the CDPF has among its ranks many political goons (men and women) that clearly should not be police officers! They have totally degraded the force to a failed institution.
What is good for the goose, is good for the gander!!!