Magistrate and attorney clash in court

court2A local attorney has vowed to continue going to court following an exchange between him and a magistrate on Friday morning.

The drama began when Gildon Richards entered the court on a matter he was representing, a move which was not appreciated by Magistrate Bernard Pacquette.

“You don’t have an audience in my court, I won’t hear you,” Pacquette told Richards before rising from the bench and heading to his office.

Richards later told local radio station, Q95, he responded to the magistrate by telling him that he did not have the authority to say such. “And in that regard, he would probably have to arrest me,” he said.

According to the attorney, when Pacquette went to his office, he waited for his return to tell of the authority he, the magistrate, had to tell him, Richards, that he could not be heard in court.

Richards said while waiting he took a look at the court list for the day, only to realize his matter was not on the list and he subsequently left.

The attorney is not taking the matter lightly. “I will go to court until somebody gives me an authority which says I should not attend the magistrate court in any circumstance irrespective of which magistrate is sitting,” he vowed. “I will continue to attend court.”

Richards also said he has never seen anything like this before as an attorney.

“I have never seen that before,” he noted. “I thought it was a novel order that I was getting so I thought it was appropriate for me to seek the authority  from which the magistrate was making such a novel statement.”

This is not the first time Richards and Pacquette have clashed in court.

On August 30 Pacquette ordered Richards to leave the court for the manner he reportedly addressed him.

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45 Comments

  1. Marla
    September 8, 2013

    I just read that a judge may after a warning impose sanctions against or refuse audience to a counsel if in his opinion his conduct remains offensive or abusive, obstruct the proceedings or is otherwise contrary to the interest of justice. Am sure this applies to Dominica as well..

  2. DA Choo
    September 8, 2013

    AA be respectful to Magistrate Pacquette!! Attorney , learn self discipline tweeps.

  3. ty
    September 7, 2013

    It’s avery big shame to see how two professional people behaved , what example they are showing to the criminals. If in any case they have their personal issues they should leave it outside the court house.

  4. rescue 911
    September 7, 2013

    yes dominica

  5. Rastar-Marn
    September 6, 2013

    Waaaay dey start fighting among demselves,,,

    Garçon go read Revelations Marn sure dere is a Chapter and Verse dat hexplain what is going on wiff mista dem,,,

    D imperialistic regim is starting to collapse!!!

    LOL wait when d “Head of State” start getting Sicker and Sicker den allyou will realize the time at hand,,,

    • Justice and Truth
      September 9, 2013

      The time is at hand for everyone. Our Lord Jesus Christ said: “Stay awake. Watch and pray.”
      Some people must control their temper, especially when they are in a certain position and others could hear them; bad enough criminals. They should do their utmost not to create a scene. On occasion it is a matter of misunderstanding each other.

  6. John Paul
    September 6, 2013

    What I would say it that the Magistrate has His authority bu tthat has parameters just like everything else in a democracy .Some People in authority dont like those parameters and it is coming down from the top Dog and every little cat want to take the example

  7. Free Thinker
    September 6, 2013

    This story seems like a puzzle with a missing piece.

    • Justice and Truth
      September 9, 2013

      The piece that is missing is what really occurred between the two to cause this drama in Court. How did it begin? What fueled it? Who caused it? Who is at fault? :lol: Who is going to rectify this situation between the two?

  8. Dominican4sure
    September 6, 2013

    I need more information to form an educated opinion. Order in the court. Waiting….

  9. magistrate is wrong!
    September 6, 2013

    The issue was the poor reporting that only gave one side of the issue. Last week Gilden Richard told the magistrate Pacquette, who is not qualified in this region, or in any commonwealth jurisdiction. he corrected the magistrate who requested from a prosecutor the level to set Bail, Gildon reminded the magistrate that he cannot do that it is against the law and pointed him to the relevant rules/ statutory provision. told him that this is how we normally do things in here Magistrates Pacquette, then ordered Gildon to go to the Library to find the reference, he then told the court that the books are in the Court for that purpose and paquette got upset he told Gildon that he was rude, Gildon said to him you are doing this here because you have never practiced anywhere and have no experience of practice anywhere. magistrate Pacquett, then told the police to remove Gildon from his Court. Today, as Gildon was entering the Court, you could see that Pacquette was angry and spoke to him. the problem is that the original story was not reported by DNO! Pacquette has no legal grounds for keeping Gildon out of court!!

    This serves the lawyer right, pacquette have been doing all sorts of crazy things in the Court and they have all remained silent. Behanzin who was the best Magistrate on the bench was hounded out of office, yet better qualified. The Members of the bar called a press Conference to declare him a lay magistrate, when in fact he was qualified and the holder of a masters degree, but for the weaver he was promised by the government, which Levie Peter had received within 90 days or arriving in Dominica and Candia George, within 34 days of arriving in Dominica. Behanzin had served 2 years, it was just terrible, now the lawyers have allowed this truly lay magistrate to sit without saying anything!!!!!!

  10. Papa Dom
    September 6, 2013

    Gildon Richards for president

  11. Macaquee
    September 6, 2013

    AWHHH SO SAD!

  12. my 2 cents
    September 6, 2013

    Can the Magistrate tell the Lawyer that he is refusing to hear him and give no reason? That’s how it works? I thought that if the magistrate had a problem with the lawyer he would recuse himself from the matter. By denying to hear the lawyer you are denying justice to the person the lawyer represents. I believe the magistrate dealt with this poorly. He even storm out of court? that’s too much papa

  13. carnival coming
    September 6, 2013

    i smell d road march already…… :lol:

    • Justice and Truth
      September 9, 2013

      Yes! Bad tempers do clash. Why did you not curb your temper? Magistrate why did you run? Why did you not face the tune and handled the situation in a diplomatic manner according to your status? Why did you not utilize a bit of psychology and in front of criminals? This pertains to either one.

  14. carib diva 1
    September 6, 2013

    Anodder roo roo in DA! Way papa everybody want dere 5 minutes in roo roo country

  15. Justice and Truth
    September 6, 2013

    Curious to know and no doubt others, what has the attorney stated to the magistrate to cause him to react in such a manner?
    Patience and respect for the judges and magistrates should be maintained in the Court. If attorneys have a complaint against them, it should be brought to the proper authorities, namely, the PM.
    Dominica is in need of a separate department and authority to handle those complaints and to deal with them appropriately.

    • b
      September 6, 2013

      really? a complaint about a judicial officer should be brought to the PM?!!

    • inspector
      September 6, 2013

      What does the PM has to do with that, where did you get your information from, do youyr home work man.

    • Papa Dom
      September 7, 2013

      You fool! What does the PM have to do with that? You fools just like to come and spew your ignorance on the public.

      • Peace
        September 9, 2013

        It takes a fool to call another fool. This should be an eye-opener for you ignorant fool.
        The PM is the Leader of Dominica. The judge and magistrate have a boss. There is one who is superior to them, who appointed them. You have an idea who employed them? I bet you do not have an answer, fool.
        Before you fool, calling another fool, first conduct a research into this and find out the truth.
        Have respect for those who provide their comments on this Website. Go and learn the meaning of respect and practice it. You are sadly lacking in it. Bad enough you do not know the person whom you directed your low-down verbal attitude and attack to. :twisted: :twisted: :twisted: :twisted: :twisted: :twisted: :twisted: :twisted:

  16. LEE-MIERE LINTON
    September 6, 2013

    oH MY gOD
    LOOK AT how we come

    people getting on like madkrazy people we boy

    walls of jerico

    alas Am a qualified NOVICE look joke

    we are now a laughing stock in opposition

    but again sandford had warned us and another Candidate didn’t get blue light from d MADame ?

    respect the law no glass breaking or other forms of violence

    imagine our brainy former oecs appeal judge Dr NJO LIVERs was called a country bookey and black etc

  17. Anonymous
    September 6, 2013

    I am none the wiser after having read this story

  18. BOOTS ON D GROUND
    September 6, 2013

    PAPA law disregarding authority
    boots on d ground
    what do you all expect at d soon to come KNIGHT DEMONSTARTION

    obey THE god dem law

    it is time skerrit start arresting those siko people

  19. I DIE NU
    September 6, 2013

    When they finish they running on Q95 and cry.

    • I DIE NU
      September 8, 2013

      Thanks DNO!This is no surprise to me.Two days before moderating my comments.

  20. I DIE NU
    September 6, 2013

    We Go See!

  21. sandy
    September 6, 2013

    lol

  22. Anonymous
    September 6, 2013

    You know DNO…what is the sense of this piece? News is not “beff” or is it? This is pure “beff” and you do have a responsibility to expand this and to explain certain fundamentals before it can be considered NEWS.

    Check “reader’s” post below to get a sense of some of the basic answers that should be provided to the reader in a news item,without them having to ask. IT IS A CONFUSING PIECE!

    The Magistrate was right it seems because Mr. Richards was not schedule to appear in court? So what is Richard’s grouse? The words used by the Magistrate? What is the issue DNO, what is the news here?

    I eh go to no journalism school nor was I trained in the field but man man DNO some of your NEWS item….

  23. Anonymous
    September 6, 2013

    Typical attitude , not only found in the court big fish in a small pond syndrome.

  24. Negro
    September 6, 2013

    According to my fruitless understanding, the attorney didn’t have a scheduled matter in court that day. True?

  25. grell
    September 6, 2013

    country is a joke,world laughing,no more respect fo this island.

    • Justice and Truth
      September 9, 2013

      It appears to be an overall situation. The same applies to some of those who comment on this Website and who have no respect for others.

  26. open mind
    September 6, 2013

    Yes i

  27. Doc. Love
    September 6, 2013

    Mr. Gildon must understand this a matter of Red and Blue. Pacquette knows you represented many people who are supporters of the UWP. Don’t forget you were one of those who represented the UWP in the case involving Skerrit’s citizenship. In order word, had you worn that case he would be fired. Skerrit is the one who hired or recommended Pacquette as a magistrate, therefore, don’t expect any better. According to the controversial Knight, you better be Red or dead.

  28. ZULU
    September 6, 2013

    Two roosters opening there wings. Egoes on display. They both are ex-cops who may have served together and seems like old rivalries have been rekindled. Mr. Richards has a reputation and a temper and like to prove his balls is bigger than everybody else even if he knows he cannot beat ram goat. (Dno please do not delete. It is just figure of speech). Hold him for contempt of court. Magistrate is incharge of his courtroom and must be respected.

    Anyway when the hurrah start watch Mr. Richard cause he like to punch. Ask XPD he can tell you about it.

    Some things never change

    • Justice and Truth
      September 6, 2013

      ‘their’; not a criticism. It is a simple mistake which anyone of us could make. Too many words in the English language which are similar in also pronunciation.

    • Bogoroy
      September 6, 2013

      Well said!!

      • Roy williams
        September 6, 2013

        Because Mr. Gildon is a very aggressive Lawyer and wants to win at all cost for his clients, doesn’t necessarily mean he is egoistic or has a temper. The man is very good at what he does.

    • ................
      September 6, 2013

      @ ZULUY It’s only a ZULU who will spew garbage like that.This is crap talk. Knowing Mr Richards and the way he represents his clients, I would rather wait to hear what was the cause of the clash.You sound like an accomplished idiot who has something up your sleeves with Mr Richards.

  29. reader
    September 6, 2013

    ki sah.So who is wrongand who is right.Did not quite understand the scenario.THe magistrate refused to listen to ath attorney.Could someone please make this more explicit.

  30. Shameless
    September 6, 2013

    What 8-O ? Magistrate Tig get bad man! Play yourself partner, play yourself….no nonsense in the court.

    Waiting patiently for further developments but Gildon know that the courts remain the domain of the magistrates and judges that presides over them. Same as the house of assembly that falls under the domain of the now very infamous Madam Speakher from the precipice area. But be reminded that “Change Must Come” and that will be sooner rather than later.

    Assertive, NOT Agressive!

    • Justice and Truth
      September 6, 2013

      ‘presides’ is singular when referring to one.
      ‘Preside” is plural, when referring to more than one.
      Who said she is infamous? In whose eyes? Only in the critics, wicked eyes and hearts of disobedient, disrespectful people who lack love and humility; who defame the character of others; are bent on creating a disturbance, stirring up trouble, cause divisions, disunity and whose hearts and minds lack peace; all ungodly and un-Christian-like. These as you have projected they do not genuinely love their country and others.
      If you want change, first change your overall attitude. Your heart is no exception including as imbedded in your mind which come out of your mouth and through your fingers on the keyboard, as also spewed over the Internet and on this Website.
      If you practice godliness, you will be doing yourself a favor and also something good for your country, to make it a better, happy and peaceful place to reside.

  31. AA
    September 6, 2013

    8-O 8-O *jaw drops*….”fadder hed!”

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