Judgement has been reserved in the appeals court matter of broadcaster Lennox Linton versus chartered accountant Kieron Pinard-Byrne.
The OECS Supreme Court heard an entire day of legal arguments on Wednesday, before taking its decision to defer its judgement, a ruling the appeals court says will be delivered in due time.
Linton’s lawyer, Guyanese-born Stephen Fraser told the court that the comments made by his client were “fair comments” especially since that matter has been a “hot topic in Dominica since 1991.”
“Everything stated by Linton was factual and was as a result of extensive research, he was also responding to a written article published in the local newspaper (The Chronicle) penned by Pinard-Byrne,” Fraser stated.
He argued that all the evidence points to “web of intrigue” by Pinard-Byrne who was the one responsible for attracting comments of allegations “of criminal wrongdoing.”
“Our position is and still remains that the gentleman (Pinard-Byrne) always benefitted and we are not alleging criminal misconduct,” he said.
Fraser attacked the judgment of Justice Brian Cottle who ruled in Pinard-Byrne’s favor – the High court judge ruled that the accountant was “defamed” by Linton and others.
“All the matters raised were of great public interest and both sides agree to that and we are surprised that he (Justice Cottle) does not think so”.
Fraser submitted that the judge misstated the words allegedly used by Linton and then came to a conclusion that the statement was “defamatory”.
According to the attorney, the trial judge did not go through the evidence produced.
“He made no attempt to analyze, justify or go through the statement especially given the public interest in the matter and millions of Dominica’s passport monies went and has been a no show,” Fraser told the appeals court..
He said that nothing was “much more important than that and the Dominican public wanting to know what happened to the passport monies invested in the failed Economic Citizenship Layou hotel saga”.
In response Senior Counsel Anthony Astaphan who represents Pinard Byrne told the Court that “no result of investigation or document was ever entered into evidence during the trial or for judicial scrutiny”.
Astaphan said that Linton had failed to substantiate his comments and allegations in his “sting” against Pinard-Byrne.
“It was an attack in disguise, their defense of fair comments and qualified privileges are a dishonest defense,” Astaphan said.
According to Astaphan, Linton had done “a grave injustice to Pinard-Byrne who was “humiliated and embarrassed”.
Astaphan asked the court to dismiss the appeal with cost.
He also asked for aggravated damages, contending that even after Pinard-Byrne tried to defend himself he was subjected to “racist comments” and wants the court to send a “clear message” in that regard.
Dr. William “Para” Riviere who represented Raglan Riviere (Riviere was also found guilty of defaming Pinard-Byrne) pleaded “qualified privileges” on behalf of his client stating that the published material was done “without malice.”
The MASTER(Lennox)speaks….
UWPites awake…Not too long they will be drowsy again..Only time will tell.
Good Luck Matte!! Please keep things on the back burner until Judgement day–please don’t let your lip run away from you.
please don’t let your lip run away from you….very funny
I hope that allu looking at KARAOKE Court-tle…Ethics gone to the gutters
Lennox my brother always remember that “truth crushed to earth shall rise”. Those who want to vilify you now were happy when you resigned from the board of DBS on principle because you felt that your friend Angelo was not qualified for the job of News Editor. Now they ask “where were you during the UWP reign”. You can tell them that you were doing what you know best and NOT prostituting yourself for an easy dollar. They may wish to remember the Senior Lawyer who when paid a check for some Millions under the UWP was eager to say “that is the kind of government we need in Dominica” and as in 1998 the UWP decided to pursue all TAX EVADERS, the tune change. Your victory will come eventually Lennox. God is not a policeman!!!
Some people ain’t easy.Lennox can be a “god”to them.Honor and worship him as they wish(which he gladly accepts)and when other people do the same to another individual,they and Lennox himself get offened;they cast so much nagative comments about who the other individual is.Well if UWP WORSHIP and ADORE Lennox as their god,what’s wrong with Labourites doing the same to who they want?
Shut the hell, the very same labour supporters adore and worship Skerrit calling him God, so what?
That’s just what I’m talking about.
You,all UWPites adore and worship Lennox as your “god”,why can’t Labour supporters do the same to Skerrit?!Why get offened?
History teaches us that great leaders emerge during times of crisis.
Lennox Linton may not be a leader in the political sense of the word but no one who understands the politics of change will deny the importance of the work that this brave man is undertaking to ensure that our democratic values are preserved and protected for posterity. With the churches silent,and given the dearth of men of principle, and no shortage of men whose judgement are influenced by monetary consideration, it is comforting to know that there is a centurion at the gates demanding answers in the public interest.
I am no lawyer but I cannot be persuaded that Linton defamed Mr. Pinard Byrne based on the evidence I have read so far. If the bar for defamation is set so low by the court, it would not be unreasonable to conclude that the judicial system may be wittingly or unwittingly assisting in the subversion of democracy in Dominica.
Indeed, where there is no press freedom to investigate and report on matters of public interest, democracy will be on life support and it is incombent on the court to ensure the survival of of our democratic tradition.
Mr. Linton you a an inspiration to all, even the ones who speak ill, its only a matter of time, everything that goes up, must come down, God will carry your loan. You will be vindicated soon enought they will see. There is none so blind, that won’t see. amen
INDEED.This man loves his country, and he cannot be stopped…Love you Linton!!!!!!!!!!!!!!!!
Dominicans, please,even if you feel you do not like Mr. Linton,please appreciate and re
spect what he is trying to do for the country.
We need more vocal Dominicans. Too many of us just sit back like Dummies.
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Who like A HANDFUL dummies 
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———-Who like the SMARTNESS
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y didn’t he go to the court of appeal when the government of Antigua was ordered to pay him ………….hmmmmmmmmmmmmmmmmmmm lets see it was good for him then u to love trouble leave a bad taste in the Government mouth about D/A
Your RED fool…You don’t know what became of this case man!
they fraid i say they fraid HIM
You are Dominica’s Martin Luther King…..keep going Lennox….
To all the prayer warriors out there that really love your country get on your knees….prayer changes things………God has a place for the patient and long sufferers…..God is still good to all of us all the time….
I watching still….
Don’t get caried away, he’s not anywhere close to Martin Luther King.
STUPES!!
If you don’t like my comment SUCK SALT!!
And one more illiterate on Dominica’s illiterate register by the name of As IF, what a shame in 2012
NO he more like the real deal MALCOLM X! YES I SAID IT!!! Martin Luther King was embraced by the whites because he pandered off to their philosophies and was passive. Bro Malcolm was the damn deal!
he is not but you are close to martin luther king PLZZZZZZZZZZZZZZZ stupes
you are mad to compare mister to martin luther king.go and do your homework
@ the eye…Guess those eyes are red. You are jealous man.His name is Lennox Martin Luther King Linton… Let water flow from your two big eyes now.
Funny thing, over and over on radio lambasted that same ALL IN IT IS MINE IRISH,on the same matter, asking him where is the money etc so much so the IRISH was threatening to Sue. GET THE RECORDS DNO.. now all of a sudden they’re on the same team. Dominica is strange place! I wonder if the was just dead against MAMO so it was ok to do it then, now the same matter stands and he turn defense. All I know SNAKE DOES EAT IT OWN IN BROAD DAY LIGHT!
The fact that judgment is reserved, seems to me that Lennox has won his case, so that money may not be forth-coming.
So the alternative boils down to law suits, Pinard should not get one dime from Lennox nor Rags.
Trevor, Tony should overcharge Pinard for his services, and ensure that he lose the case, so that Pinard could loose all of his resources in the process.
Francisco Etienne-Dods Telemaque
I just cannot understand our stupid politics in Dominica! We tend to play politics with everything even when we as a country and individual are losing.
My question is, why is Lenox Linton spending so much of his time, money, and his reputation, fighting for something that he has no personal profit in? The man is fighting for the country and yet we hate him because of politics.
This should be a court battle between the State and Mr. Byrne instead of Lenox and Mr. Byrne. Mr. Astaphan should be there fighting for the state instead of fighting against Lenox. The man is a senior counsel and advisor to the PM, why is he fighting against the state and so many Dominicans see him as a hero? I just don’t get it!
You should not say ‘We hate him’ rather it is some. Those who are helping to plunder the country… I am not one, and several others.
Amen!
So, if all this was done by Lennox to uncover the truth about the money, where is the money? What is/ was the reason for the milions which disappeared? Who is accountable for that money? Who is being held responsible for that money? Is he just going after this man, or all the others involved in the affair?
And if the entire Dcan public knows that this money went down the drain, is missing, and no one is held accountable, why is the Dragon Slayer, Lennox, taking on this one man …why not take on all the responsible parties…where’s the big fish in that picture?
Arean’t Dominicans going to stand up and demand answers? Are they all just waiting on the questionaable journalism tactics of the Dragon Slayer?
He may be right in his attempts, but obviously, he is not getting anywhere other than lawsuits.
GRANTED, in allhis allegations being thrown, one actually stuck – garbage bin bobol; and this amounted to an accounting of the $$$.
I think its times that Dominicans rally together for a mutual purpose than simply wait on 1 person to do some digging and give them the answers… He has given you the basics – protest, demad from the responsible parties the answers to your questions.
the thing with Dominica is that there are no credible forces to challenge the government. Where are the public interest groups? WHy can’t local lawyers, businessmen and others form groups which are always on top of the government lobbying for positive changes?
I so agree with you. Those who have some affluent position are in no way making any contribution in the lives of Dominicans on a whole, especially where governance is concerned. It seems that all Domincans care about is making their own. And I am not pointing a finger at the ‘malayway’ but those who are living beyond hand to mouth and can stand to not ‘keep their eyes on their plates’ all the time.
Garcon that is Lennox problem. Government is not a church and even church have all their issues…so spear me the drama.
The problem with folks like lennox, they are too slective. If you want credibility you have to do it at all times.
Again where was Lennox during the infamous UWP Years of 1995 to 2000.
You can’t just show up to bat and don’t want to field.
Prof. Wikileaks, Pl explain to the Dominican what went on in UWP times as oppose to Labor time from 2000 to now, are you or were you blind or death when under labor there was a land transfer deal and short changed the treasury, were you death or not able to understand when all the events of the fertilizer and bin bobol issue, Where were you when on christmas morning of 2011 Two Senior Citizens were almost burn to death at their homes and up to today no arrest even when evidence is made available, do you still want me to go on to compare the two parties UWP and this disgracful, inept and incompetent Labor party, All what Lenox have disclose to the Dominican public have enlighten us thats why we will be on our guards all the time
because is it only a problem if you do it not when we do it
Prof. Wikileaks, Lennox was right there during the UWP time and guess what when the UWP made Angelo news editor at DBS Lennox resigned in principle as he felt Angelo was NOT qualified for the job. I guess you were not interested in him being a champion of truth, justice and righteousness then right?
You are not just a hater of Lenox, but a hater of your country, and everything that represents truth. So because you hate your country you careless about what Lenox is fighting for and instead you try to turn truth into politics. I am just embarassed to refer to people like you as ‘fellow Dominican.’ Wish you all were from space.
all UWP wake up it seems to me but all of all you will go back and sleep asap
Seriously can Dominicans be that naive…. Tony was not fired by Mr. Byrnes he was simply asked to excuse himself! Lennox needs to learn a lesson facts are facts! And he has NEVER sort to find the truth or even clarify his “investigations”. Lesson learned don’t just open your mouth and defame someones reputation without finding truth! Mr. Byrne too has a family and hitting the racist card doesn’t help the matter either! This isn’t a political scam its someones professional reputation! This is in the Courts hands.
A H
correction lessons are to be learnt and facts are not jus facts ( facts comes with truth) Example lennox speaks the truth fact is u cant handle the truth
Dont worry,one of these days we must find justice standing around the corner.
What a nation who would wish to literally crucify their own brother for speaking the TRUTH. Why would a section of Dominicans demonise lennox for exposing the failed and controversial Economic citizenship Programme ‘aka’ Controversial Passport Sales?
An entire nation was fooled by some Sales Agents, (Dominicans know who), in believing that monies, millions, made from the sale of Dominica Passports would improve the investment climate, provide jobs, make money for the country and a
5-Star Hotel would be built in the Layou Valley. Some in ‘High Places rub shoulders with those very same agents who fooled the people. Transparency and accountability thrown out of the window.
Dominicans were and still are in the dark as to what is happening with selling of our passports. But the one who dare investigate, sacrifice and inform the people of the irrefutable truth, with facts, behind that ECG, passport sales and the problems in that national fiasco, is the villain, the trouble-maker, to be silenced. The people would not know about, what affect their lives, about corrupt practices, or the illegalities taking place.
But truth must prevail. Let truth be our guide and not hatred for our fellowmen and women. Take heed of the truth in the messages and information, instead of trying to ‘kill’ the messenger. No distorting of the truth could erase the truth in the message. The truth lasts forever. Not so with a lie.
IOt is so shameful that we as Dominicans can see beyond our hatered for Lennox Linton for giving us facts and truth after he spends enless hours of time get it and making sure that we know what is going on I ask how many of us would even care especially if we are getting hand outs is that what DOMINICANS have come too.
Lennox God is your guide and he is control
Where was Lennox Linton to Challenge Pinnard Byrne and the Passport people during 1995 to 2000.
Blades
Lennox is a genius that is why he spent time gathering information before going into anything like a blind mouse. People like you won’t know the difference.
Geniuses have jobs…lol
Geniuses don’t spent their life in court rooms.
Bill Gates/Facebook creator/Steve Jobs…these are geniuses
The guys that sell leather products on Cork St…Genius
You get my drift
god is watching over u Mr.Linton just have faith and put everything in his loving n merciful arms.
The amazing thing is that Anthony Astaphan dayfonsayed Pinard-Byrne in the BVI Courts that Pinard-Byrne fired him. Now that the matter in the BVI’s is settled, Tony is back representing Pinard-Byrne. Professional ethics? Only in Dominica these games can be played and our people are so blinded…
All is fair in war and love, just make sure you get paid. Isn’t that right counselor?
Am I reading correctly that tony astaphans was the lawyer representing pinard byrne? Is this the same tony astaphans who in the BVI court was discrediting the same pinard byrne re the david sue and Felix Chen $20 million gone missing debacle re that same Layou River hotel issue? So on one matter regarding the Layou River Hotel saga tony is on the opposite side to byrne and on another matter re the same hotel saga he is on byrne’s side. Or is it because it’s against Lennox Linton? Is Lennox his nemeses?
This was never about defamation but an attempt to silence Lennox Linton. Nobody likes to hear bad news but truth has to be told if we are to progress. I rather suffer that bitter medicine than have a sycophant blowing down my ear.
True, but would you change your tune if you were facing a $50,000 judgement plus cost?
No problem Tiger.The satyrical magazine in the U.K. has been sued more times than it can remember but still survicves, still ivestigates and exposes and specialises in lampooing those, who have a high opinion of themselves. This is considered healthy and nobody in their right miond would dream of shutting it down. Just make sure all your assets are in your wife’s name my friend.
PS. The Satyrical magazine in the U.K. I’m referring to is the “Private Eye”
Looking good in your favor Mr Linton God will vindicate you I am very positive. God speed my friend.
IS THAT REALLY THE PICTURE OF LENNOX LINTON,IF THIS AN AUTHENTIC PICTURE OF LENNOX,WHY DOES THE CRAZY MAN BELIEVE THAT LENNOX IS AGLY.AS FAR AS I AM CONCERNED LENNOX IS A MILLION TIMES MORE HANDSOME THEN THE CRAZY MAN.
Thanks you Mr. Linton for keeping the Dominican public informed on so many matters. If it were not for you and your insightful investigations we would be blind mice.
Stupes
That alll you will say stupesssssssssssss because you so blind from the truth God help us all.