A packed Magistrate’s courtroom, awaiting the outcome of a matter involving five officers in connection with the death of Joshua Etienne of Portsmouth, ended in anti climax as the case hit another snag on Wednesday afternoon.
Defense lawyer, Dawn Yearwood Stewart, told Chief Magistrate Candia Carette-George that the defense had no notice that the matter was set for court on Wednesday, hence with the exception of one officer, Hayden Morgan, all the others were absent.
“We heard it on the media and as far as we are aware the matter was set for April 2 and so we are not sure what is going on,” she told the court.
In response, Director of Public Prosecution (DPP) Evelina Baptiste said there was nothing she could do in such circumstances.
Morgan was asked to take the stand where he was warned that he should return to court on April 2, 2015.
Meantime, Maria Etienne-Pascal, Etienne’s sister, expressed shock and outrage at the decision.
“We are frustrated. … it has been 8 months and we are seeking justice, the judicial review matter was discontinued. What is the hold up in the matter?” she asked.
Family lawyer Tiyani Behanzin said he smelt “a rat” in this latest development.
The officers, PC’s Orlan Vigille, Delvin Challenger, Martin Seaman, WPC Gemma Louis and Sergeant Hayden Morgan, were arrested and are facing charges the murder of Etienne who was found dead in police cells in Portsmouth on July 4, 2014.
No charges have been read to them since and the matter was sent for a judicial review by the Civil Division of the High Court.
When that matter was brought up before the Civil Court on January 2015, lawyers for the officers requested an adjournment since lead attorney, Lennox Lawrence, was no longer part it.
The attorneys were then given until March 25 or 26 by the to “put thier house in order.”
The matter was brought again before the Civil Court on Wednesday, March 25 (today) but it was discontinued and sent to the Magistrate Court where it was heard by Carette-George.
The matter is now set for April 2.
This is nothing but a DAMN joke.
In Dominica those in higher places are hardly prosecuted. That’s the way the system is. I hope though that for those who condone it when the shoe will be placed on their feet and its the Mother, Father, Uncle, Aunt….Nenen or Paweh don’t cry foul. There should be justice for all whether you red blue, big boltier little man malaiwai. When disaster strikes don’t cry.
The last time I checked the name Seaman is off Viellecase. Hmmmm – I en saying no more.
Gwen kaka ka bit vle wolais
Why pacquette not on that case?
Meanwhile, Prime Minister of Dominica the Honorable Roosevelt Skerrit led a high-level delegation on a trip to Asia, the DAY BEFORE such a high level case was heard. What is now happening in Dominica is very laughable as the wheels continue to wheel, while the remains of Joshua Etienne, who was found dead at the Portsmouth police station almost a year ago, has turned into dust. What is happening is a case where I scratch your back and you scratch mine back. In other words, you help me take power with your guns always ready to defend me and I in return will protect you at all cost.
What the prime minister has to do with the case….everything for you all uwpees is a politics…leave politics out for a while….shame.
In other court matters with the common man who try to do good for Dominica, where in civil matters, you listen to some lawyers based their argument on respect for the court and if certain decision are not upheld that people would think that the court system is a joke. You sit and watch Judges support and rule in favor of such argument. No someone was kill and when you follow the way this case is being handle by persons who are to be upholder of the law and who are to prevent the court from being view as a joke, they are the same one monkeying around and causing people to think the court is a joke. Give the man family justice. I observe how religious leaders and people who called themselves up standing citizen match against the performance of Tommy Lee. Now someone was killed apart from the few that walked the street because of him being a family member I don’t see or hear no one standing up for this. I once had hope but all I can do now is cry for Dominica.
This is absolutely preposterous procedure on the legal system. As a former police officer myself, I cannot see a more clear cut case than this. A prisoner is found dead in police custody with apparent injuries to his body yet no one can charged with his death.
There is something fundamentally wrong with the judicial process and yes people it has everything to do with politics. look at what reason the defence lawyer has given for the absence of the defendants” they did not know that the case was Wednesday”. Are you being serious, this is not primary school, how could one not know when they are meant to appear in court.
Dominicans, we need to look. listen and think about what is going on in our country
M y brother be not afraid our god is in control,in due time he will wipe out the evil and corruption in Dominica,just keep on praying for the innocent,it starts with the leadership.To this date has anyone heard Skerrit condemn the act.Time will tell,my people.
To Grell….not only have they not spoken on this atrocity!!!! No the PM, National Security Minister, Justice Minister, Attorney General or any other in government, but when it was ‘convenient’ or perhaps RELEVANT fir them to comment, they did in droves, day in and day out with no restriction to that which they said or fear of how it would compromise the ‘investigation’….this in the case of Mr. Gon Emmanuel!! So why did they feel it necessary to IMMEDIATELY comment on his case and the merits of it but on this one, there is not even a semblance of sympathy uttered in support of the family…. As was said by the family lawyer, the parl rep did not even find it fit to attend the funeral of the deceased gentleman!!! Sad state of affairs in our country!!!
You know what info not understand??? DNO please clarify if possible for me!!! The story prior to this particular one was reporting ‘Breaking News’ and said that the civil challenge had been discontinued and that the officers were NOW IN CUSTODY awaiting the reading of charges to them. So, if they were in fact in custody, why were they not simply marched to the court for the matter to be dealt with??? Why was the defense able to claim that the other four had not appeared because the defense was unaware of the court proceeding being cadres for the 25th of March!! If their whereabouts were unknown then I could understand!! But you say THEY WERE IN CUSTODY AWAITING THE CHARGES BEING READ TO THEM??? Unbelievable boss!!! Justice is evading us at every opportunity and the system feels satisfied that it is not crumbling??? Wow!!!
This is such a travesty and a major shadow on the judiciary it really is mind boggling!! If the judge or magistrate had given clear guidelines as to the date for a return to court, then there should have been NO DOUBT as to the date!! If that could have been proven by the judge/magistrate simply referring to the notes from the precious hearing, that that should have been done here!! And he/she, having knowledge of the fact that this was just another abuse of the court process, should have sanctioned the lawyer/s and issued warrants for the immediate arrest of the four who did not show up in court, so as to have them understand the seriousness with which the court sees this matter and so as to have them appear in court for the hearing the following day!!!! This is just absolute nonsense that a man should be so brutally murdered while in police custody, and lawyers are being allowed slack to abuse the court process and get away with it?? I mean come on people!!!! This could have been U!!
This little country is full of “IT!”
What a shame!!!!!
Hallmarks of a failed State. Too many incidents occurring that seem to indicate that this is what we have become.
I just hope that laws will be put in place to stop Police brutality and avoid a reoccurance of this situation in the future.
Rob, it are not the laws that are the problems in our Dominica. We have plenty of laws, too many too mention even. It is the disregard, the non observance of laws, the misinterpretation of laws and a simple mismanagement of the legal system that litterally allows people to get away with murder, all legal, trust me.
15 years of Labour and the country has become a Banana Republic for true. Poor Dominica!
Every other day there is a police officer shooting dead unarmed blacks in America yet we stay out there and cry down Dominica
Not even banana republic anymore Peter, since we have run out of those also. Do we even have enough coconuts left to call it a coconut republic perhaps?
reminds me of justice delayed, is justice denied. but we all know how this is going to end. MAD COUNTRY
You know what? there is more to it than that, some one in a higher power is stalling that case…Sorry about that. Its a disgrace.
Ladies and gentlemen, This case died and laid to rest on Dec. 8, 2014 the moment Skerrit and the DLP were made winners of the election. Didn’t you all know that? The case was in ICU on the day of election and if UWP had won, it and other major cases where injustice was visible, it and others would get proper treatment as justice would come back to life again. But the moment those foreigners were allowed to take their money and free tickets, justice was again buried. Everything we have heard and seen from day one when the commissioner spoke, to this day, is just further proof that the wheels are spinning and will continue to spin until a dismissal becomes official. The moment Skerrit led a team to Asia days before such a serious case I knew the wheels would continue to spin.
You are such a f..l, stop blaming the Govt for everything bad thing that is happening in Dominica.
But we should praise them for everything good? Who employs the police officers? THE GOVERNMENT, SILLY! Who has ensured that justice in the most heinous cases in Dominica have been prevented? THE GOVERNMENT, SILLY?! Just give up all rights and accept the dictatorship for what it is, why keep fooling yourselves and attempting to fool others into thinking they have any legal recourse in Dominica?!
The truth always hurt,the time is coming,god will have the last say.
Justice delayed is justice denied . I feel for the family of the deceased . I am listening .
It is as if the Courts are knowingly or unknowingly conspiring with the policemen to deny Joshua Ettienne and his family justice
The Prime Minister of Dominica was the one who said “if Dominica was a real country”. Who an I to think it is,a real country operating under laws,rules and regulations.
This is absurb! I just can’t undertsand this country eh, you mean no one gets punish here. Well, well that is something else eh ..
Eh beh look a,,,, in that place.
if it was a civilan he or she wood b in jail remanded
What a mockery of the justice system. One if the defendants knew of the court appointment and the others didn’t? We are talking about defendants who are officers of the law. But how can I be surprise with 15 years of official abuse of the justice system.
I guess it is only when the corrupt system comes to our door steps that some of us will stop putting party before our country. And will want others to speak out
Is the administration of the judicial system in Dominica really that sloppy or was it just subterfuge by the defence lawyer to postpone the inevitable? What ever it is, it looks lousy and more than amateurish and gives us no confidence.