Legal practitioners have been urged to volunteer their services to less fortunate persons being tried during criminal assizes at the High Court.
At the opening of the January Criminal Assizes this morning, a number of accused persons appeared unrepresented because they could not afford an attorney.
Lawyers David Bruney, Peter Alleyne and Darius Jones, who were present at the proceedings, volunteered to provide pro bono assistance to most of these accused persons but Resident Judge Justice Birnie Stephenson-Brooks believes that more lawyers, including the more successful and senior ones, should come forward and assist. She is convinced that each legal practitioner should take up at least one case during each assizes.
She said that these were the same lawyers “there to assist persons who are less fortunate” adding “the big criminal lawyers, I never see them here in this court…It does not speak right.”
She commended Bruney, Alleyne and Jones and said that it was not fair that only they should bare the burden of such cases, neither is it fair that any accused person be denied representation simply because they lack the necessary finance for it.
Stephenson-Brooks made several other recommendations which she believes would make the court system more efficient.
She instructed the Office of the Director of Public Prosecutions and the Registrar to liaise in order to ensure that at least one social welfare officer and legal aid representative is present at the opening of each assizes in order to cater for juvenile and these less fortunate defendants.
Eevryone needs to be given a chance at fairness and justice. One is always innocent until proven guilty except in Dominica, where the court of public opinion seems to be the only court which matters.
The issues of procedural fairness and access to justice are part of the legal system and if an accused does not have legal representation because he is unable to afford one – what are the chances or procedural fairness?
Is the judge to act as defender and teacher to the accused? What justice is there in having a seasoned lawyer go up against a layman?
it’s like expecting a layperson to perform heart surgery on you…and you have no expectations that something is going to go wrong. Is that fair/JUST/RIGHT?
government need to do alot more things before implementing this type of services. Remember the us is a developed country and can afford to do this. Taking this action in da , telling the people go commit crimes the gov’t will help u. is so i see it is so i saying it sorry.
So who is responsible for LA in Dominica? In Canada… LA is funded by the government.. so this idea is not far fetched. Fairness is a theme of the justice system and an unrepresented person maynot necessarily receive a fair trial simple because this person may not be privy to the rules regardig court procedures, and their rights!!!!!!!!
But while it’s a good idea, the question remains – can the govt of Dominica afford to do so? In the event that the government cannot fund such a scheme, then there should be laws which mandate pro bono service! What about the articling students – can’t all new lawyers to Dominica be mandated to provide some pro bono work? Then again, with the absense of a governing body for the legal profession these issues will remain unsplved. However, it would be nice if the PDs would offer services for all and the PBs would also give some pro bono services
since most of the unfortunate who go without legal representation are ghetto youths, I recommend we educate and train a ghetto lawyer…King Dice are you interested?
hahahha whoy ouch that hurt…..
The is a Legal Aid system in DA but it is as useful as box of matches under water.
The Dominica Legal Aid Society would be the solution for those who are unable to pay for their defense attorneys. All attorneys should volunteer to help, and any attorney who received a scholarship or funding from the government should be required to provide a certain number of hours doing pro bono legal work.
Good idea to have a social worker at the court house. Juvenile cases should be heard on a particular day to ensure that a social worker is present.
The Legal Aid Office is on Marlborough Street near NDFD. The office is doing a good job offering effective legal services in most areas for persons who cannot afford private lawyers.
the governement shud pay for the free legal service for those acussed…people…. sometimes those acussed are innocent…..
That is a laughable comment.
I can just see it now: World news headlines ‘Caribbean island Dominica pioneers a new legal scheme, where the government foots the bill for anyone on trial’.
Don’t be dense. This is done all over, especially in the US
@Fed UP DOMINICAN
lol lol…buh wait…..u must be livin in Dominica all your life…..tehbeh…it happens in many places…do ur research like I have…..buh u self doh have tv man??…u never heard “u have the right to remain silent,,,anything you say could be held against you in the court of law…you have the right to an attorney,,if you can’t affort one one will be appointed to you”
PADNA me self feelin sorry for you…do some research before u come on here chatin frot
i guess your small narrow mind haven’t heard of Legal Aid – where the government funds it. Access to justice is a RIGHT and as such legal aid clinics etc are formed to offer justice to low income persons who are unable to afford legal services. The legal system is based on the principles of fairness and justice….
Government even funds organisations that sue them. Trust me…i know that for a fact because i work in a government funded organisation and our job is all about sue the government and holding them accountable. Do you want to know why? Simple because there are certain things which are guaranteed in the law created by them.
I have no empathy for criminals. You should know the meaning of criminals. My version of them is people, whether adults or youths who deprive others of their rights as citizens, who break and enter their homes, steal from property owners, injure and or murder them, vandalize their property and also set it on fire.
These people need to be rehabilitated. They also need to pay for their crimes. They cost taxpayers an exorbitant sum of money for lawyer representation. Why should the public feel sorry for them?
The public shouldn’t feel sorry for them, that’s not what empathy is. Empathy is understanding someone elses viewpoint, their world, their emotional state. Empathy is important for genuine understand of what’s right and wrong and not just going along with the flow, which unfortunately most people do, and which the legal system is based off of. Since criminals are humans too, they feel pain, lonliness, sadness, regret. For this reason i agree strongly that rehabilitation is important, but I do not focus so much on revenge (paying for crimes), since I think the golden rule is a good rule to go by.
people we must be care full with our coments it could be a member of our famaly ,people don’t end up in court only becaues they comit a crime they could be wrongly acused ,and it could be case of self defence and so many others reasons. i think every one is entitles to lawyer whether they ca afort it or not.i guess that majority of them busy with isidor and skerrit case.
Granted, no one knows what will happen to them in the future, be it through their fault or not, If they are wrongly accused and it is self-defense then this should be stated on the article. In any case the headline, subject of this article read “Less Fortunate Criminals Need Help.” Therefore, it has absolute nothing to do with wrongly accused and self-defense.
I consider the less fortunate ones to be the victims.
I am not usually one to criticize but it is a stupid headline. With a headline like that do you expect people to have empathy for those criminals?
By the way, not too many people in Dominica are wrongly accused, if none at all unless you know many of them who were wrongly accused or someone in your family or other whom you know.
Consider how many people have been victimized, some by being maimed and for life; others by losing their lives whether the latter were criminals/murderers or not and such a headline appears on this Website. This is enough to turn people off specifically the law-abiding ones, some of whom are victims. Criminals have cost them a lot of money. This also includes Insurance companies which must pay those victims if the victims are not at fault.
When people’s homes are broken into and their personal possessions stolen, what if they do not have insurance coverage? Who compensates them for their stolen possessions? Maybe the government should set up a fund to compensate those victims? Ever thought of that? Victims are the ones who are the losers; not the criminals.
Do criminals sleep at all? Do they rest? Probably not just as Satan does not sleep or rest. He is always at it and to tempt people, the weak of heart who are not able to control themselves as they go about committing crimes.
Imagine wearing a chain, a ring and earring and someone plucks them out of you. They do not care if they hang you or your finger(s) or ears are cut off from pulling your personal items out or if you are injured. They want your belongings to sell them. If they do not get them your life will be at stake. This could occur to anyone in Dominica.
This puts fear into people. It also shocks them that such crimes which are crimes of big cities are now committed in Dominica.
I feel for Dominicans who have been victimized in any manner and also visitors to Dominica whether they are Dominicans or not.
For a small country as Dominica, the government must do something serious about this. Let us see what the government will do. A recent article stated that the government plans to take concrete action against criminals. Talk and/or write to your government to fulfill its promise to the Dominican people.
Not everyone gets a lawyer. Think of the victims who will have to pay for lawyer representation, if the criminals are caught. Does the government refund them that money or even a portion of it?
People must cease stealing and harming others. This is no life for them anyway. It does not make them happy and peaceful. By committing crimes they also could forfeit the Kingdom of God for all eternity.
They must change their ways and they will do this with the help of God and with rehabilitation. Punishment is necessary – in jail with hard labor as the government tries to rehabilitate them, hopefully, if they are not beyond rehabilitation.
The Fifth Commandment of God is: Thou shalt not kill.
The Seventh Commandment of God is: Thou shalt not steal.
TheTenth Commandment of God is: Thou shalt not covet thy neighbor’s Goods.
Did criminals not learn this in their childhood days when they went to Church? Please do not state that they did not learn them and did not know about them. Everybody was taught and also by their parents.
I have noted that criminals/murderers who are downright guilty of committing crimes/murders, when caught and arrested and they go before the Courts, they have the audacity to state that they are not guilty.
If crimes/murders escalate in Dominica and those who are caught cannot afford lawyer representation, I do believe that the government will go bankrupt by paying lawyers to defend them with your taxpayers’ money.
You could try assisting with rehabilitating them for you will be the beneficiary of whatever occurs in Dominica, good or bad.
Like one calypso said “de biggest joke” our senior lawyers doing pro bono. Ha! This i got to see to believe.
if they are less fortunate they should be working hard to develop themselves than sitting in court san lawyer…………………….when they were doing whatever it is they were doing they was boss so let them be boss now let them defend themselves……………is boss they boss…………….i not feeling no pity on them.they have to much mouth and like to olay macho
stupid answer from a small minded fool.
I always say that EVERYONE is a potential killer – it just takes the right, or i guess wrong situation to make you one.
you can kill in an accident – and you’re still a killer.
why the assumption that the person is not working to develop himself?
Do not limit yourself by negative thoughts – if you think how you’re always thinking, you’ll get the answers that you are always getting and nothing is gonna change for you
less fortunate criminal………. honestly, this sounds like an oxymoron.
MY SENTIMENTS EXACTLY!!!!!
Tony bz being skerro janitor and them others bz selling our passports.earl working night watcman , isidore having a nervous breakdown,mayard bz trying on panties and dresses.don sleeping and chewing grass like a cow. Alas camem
Beware of the Hezbulla agenda.
To make the descendants of the slaves as a second class citizen.
TRUE DAT
WATCH DEM FELLAS
How about forming the Dominica Legal Aid Society? I am not sure if there is one in place on island, however, this would be a great idea. Giving back to society is one of the primary ways one can feel fulfilled.
I am sure the brillant attorneys we have on the island can come up with a unique structure of theDominica Legal Aid Society wehre litigants wo may have to appear pro se can have the service of a competent attorney.
God bless Dominica and its citizens and our prayer is that the violent elements of our society will be reformed and then curtail their criminal activities.
We do have legal Aid here Giso. I am not sure that our citizens utilize this medium and how effective it is. But their office is locted opposite Caprice hair Studio on Bath ROad.
The Legal Aid office has long moved out of that building. Don’t know where to though.
forget that my tax payer money that have to spend to form that….they not learning send them in the calaboos