Charbert Alexander, Jackie Languedoc and Toscatee Eliazord walked out of the High Court in Roseau smiling after the cases against them were discontinued by the Director of Public Prosecution (DPP) Gene Pestaina.
This as the September criminal assizes got underway on Tuesday.
Languedoc was charged for the murder of Gerald Dover Junior in 2011, Toscatee Eliazord was charged for the manslaughter of Donald Edwards in 2010 and Alexander was facing charges of theft.
In the matter involving Languedoc, Pestaina informed presiding Justice Bernie Stephenson that he had “serious issues with identification and this can’t meet the threshold as is required by law in this matter.”
In the case of Eliazord, the DPP informed the court that he was discontinuing the matter based on a recent decision by the Eastern Caribbean Court of Appeal. In that decision the court of appeal had quashed the sentence and conviction of murder suspect Clem Philbert on the basis of ‘justifiable homicide.’
Philbert was accused of murdering Joseph ‘Pajoe’ St. Louis of Jimmit but according to the court of appeal the homicide was justifiable because St. Louis had attacked Philbert in an attempt to ‘sodomize’ him.
Pestaina told the court that although he was not in agreement with the decision of the court of appeal he is “bound by law to abide by it” since the case of Eliazord is the same as Philbert and he has decided to “discontinue all proceedings against him.”
Alexander’s case has been a long-standing one and it has been traversed from the last two assizes. “This matter is best suited for the civil courts,” Pestaina said.
Meantime, a warrant was issued for the arrest of Steven Wyke who is charged with burglary and who had failed to appear in court. Court documents indicate that Wyke was “personally served and warned to be present in court.”
In another matter, all those arraigned by the court pleaded not guilty with the exception of Anthony Rabess who was charged with attempted arson. Rabess pleaded guilty to the court and will be sentenced on October 29, 2012 after the court receives a social inquiry report on him.
The first matter for trial before Justice Bernie Stephenson is the murder case of Shane Degallerie which will commence on September 26, 2012.
Degallerie is represented by Zena Moore-Dyer and Gina Dyer-Munro. The State is led by DDP Gene Pestaina assisted by State attorneys Clement Joseph and Arthlyn Nesty.
I really do not know why is dishonest people that get some real chances. there are alot of people who start off business and struggle to make it and there are these people who come and con people and get their hard earned money and just waste it and because they are foreigners they thing that these people can just leave Dominica without there money.
so you tell me, you and a man can be friends, go liming, fishing, smoking together, have a little party and if you want you can just kill him and take his rental and lime and when you have an accident and police meet the man in who’s name the rental was dead at his home you can say he try to burst a no entry on you.. so what about the part where you take all his jewelry and money?.. i guess certain people react differently…
and you mean to tell me you liming with one of your friends who made a sexual attack on another of your friends, people see all you sleeping in the bus already and you grow up in jimmit and you know anytime a man head up cardboard factory road with a woman or a man is to smoke marijuana or sniff cocaine or to count money or some really hideous shit..
well as the french will say, mon la ki moure a tore.. “de person dat die wrong”…
Poor investigation by the police can be the result
ot all the criminals walking out of court free.
How youre so sure its not the lack of sivilians coming forth with information
how that come in the dscsson boss? dd you hear that mention at all?
Every case has to be judged on its own merit. I agree with most of the people commenting here that way too many muder and other serious crimes suspects seem to be getting away here and this urgently needs to be looked into. However, in the case of this Philsbert fella, for example, i am completely in favour of the judgement. I am certain that most of you normal, straight men would have probably done the the same thing
looks like obeah still in style..and working too..doh worry all of us have to meet the ULTIMATE JUDGE-pram pram!!
well i guess a few people on here are irate about the decisions to discontinue the above mentioned matters…however some of you may not realise that a matter has to have evidence to go forward…in d Lanquedoc matter no sufficient evidence..not a single eye witness that can say for sure who gave the fatal wound…in the case against Toscatee well the DPP didnt want a repeat of Clem Philbert..those of you not sure of wat matter that is look it up..and in the case of the guy charged for driving recklessly ..well lets just say that though he walked away free. the family of the deceased can now file a civil suit against him.. sometimes we read articles and just go off from the mouth without totally being aware of all the facts
I do not disagree with you. However, does it have to take that lenght of time for the DPP to decide whether there is a case for prosecution? Why let it come all the way to a trial date, with anxiety for the people affected, administrative work and expense only to for a dismissal to be delivered on the date the case is scheduled for hearing. I find that very frustrating and reflecting very badly on our legal process. It certainly is not efficient and robs it of credibility.
This is just laughable!
I also urge you to pray fervently for Dominica, for yourselves and family and for other nationals who reside in DA. Everyone please also pray that there will be no nore murders and other crimes in Dominica.
May God bless you and protect you from those evil elements, some of whom who infiltrated Dominica and made it their home but who lack respect for it and for nationals.
I thought the DPP had resigned or was it in my mind and wishful thinking?
What justice is this? No matter what, they had no right to murder. There is no excuse for murder. They were acquitted of murder and left the Court smiling. They had reason to smile because they are free. They were released into the DA society, making it unsfe for nationals.
The Law of the land acquits men of murder. God will never acquit or exonerate anyone from murder. God will hold those who acquit them and have them acquitted accountable. Worst yet, if they re-offend. Well, God is not smiling that murderers walk free in Dominica. It is only a matter of time and they could re-offend. Wait and see.
Dominica nationals fear those men. I would have nothing to do with them and give them a long rope and let them hang themselves, as the saying. Think, ‘beware, there is a traitor on board, examine the horns.’ You have some wicked people in your midst who are influenced by Satan who will disrupt your happiness, peace of mind and safety, inhibiting your full enjoyment of your country.
Spare a thought for the DPP. Allhe has to work with is the material that the police (the investigating Officer) has given him. He cannot or ought not to manufacture evidence. he is either a smart perosn to realize that the evidence available to him is too weak to stand the rigours of cross examination or he is so incompetent with what he gets from the police. The bottom line is that he can only work with what he has been given by the police and what cameouit of the court below.
The question now is? Is the police interested in solving crimes? I think so. Do they have the requisite resources to do propoer investigations. I do not think so. Can the police depend on the Dominican public to provide vital information that would lead to the successful prosecution and conviction of those criminals? I don’t think so. So many people are either beneficiaries of the proceeds of crime or are afraid to share information with the police on the basis of lack of confidentiality? That also has to do with the allegatiosn of police involvement in serious crimes or are harbouring the criminals with information.
Does the police allow thier partisan interests to affect the quality of their work. I think in large measure that is the case. To prove my point. See how many active duty police officers repeat the partisan diatribe from Q-95 under the guise of cultural expression in the form of singing “calypso”.
So my people understand the DPP and the materials he has to work with. The lack or seeming lack of justice in our society is a reflection of who we are. believe ot or not. We tend to tolerate criminality. See what happens when the police effect a successful raid. The police is then the villain. Not the ones who have laid waste the youthful human resource that is so necessary to ensure that our society is fucntioning in a manner that will rend unto Caesar that which is Caesar’s. “You commit the crime, then you must make the time”. That we have forgotten and.
Yet again too many perpetrators of serious crimes go unpunished. Government the police and community all have a role to play in bringing the criminals to justice. There is no other way. The work of the DPP must be reflected in the aspirations of the Dominican people and vice versa. We cannot demand that justice is not only seen to be done. We must demand that justice is done. So therefore, the people, the government, the police and the DPP must all work together. Failing which we have many more serious criminals who will continue to walk.
Dominicans voted these people into office and they need to move forward on getting them out.
They just hit up the pot people. They are easy marks.
Justifiable murder… self-defense? Revenge? Re-taliation? What is justifiable in this sense? any1 an answer pls. =_=”
Dominica is going to the dogs. For whatever reason may it be through poor police work or some other lame excuse how is it possible for accused murderes to be set free because of lack of proper case preparation.From what I see here no one is safe. There are more criminals loose in Dominica with little or no justice for the victims or decent God fearing folk. My poor Dominica. I change my mind about coming back home. Bon Dieu this is diabolical.Put a hand Lord.
I was a juror once. Trust me the police dem does kill de cases. Dey don’t do their work. THe DPP doesn’ have evidence to try dem cases. Sloppy and poor policework. If you ask me dem police just like to knwo they have power over people, they can do people what dey want on road but dey not good investigators. Total waste of our money wth plenty of dem new recruits. We need some real police and the DPP will start winning cases. I tell you sloppy work! I used to shake my head in court.
The Police relies too heavily on eyewitnesses. They must acquire the techniques and tools for gathering and treating physical evidence.
I guess we want the police to manufacture evidence to win cases right? I listen in the low court for the Toscate case and it was great police work. That officer was good and he gave enogh evdence that Toscatee did the crime. The lawyer could not ask him many questions in low court. He gve the Court plenty of items he get , think they call that exhebits. That case was well done by the police. No body see whathappen, nobody knew who did it bt the police who work at Mahaut found hs man and is not his fault the case drop. We all hear what Pestena say so it not fair to say s poor polce work, maybe at tmes but for that case, the polce in Mahaut, not CID, Mahaut, he use to play for WCK, he solve his case and he speak in court for hours and he can speak. He did his job well and there is evidence of Manslaughter, but Pestaina say he going by what the Appeal Court had say in another similar case thats all. Lets be fair in our comment.
Sure Madness in this country. Can’t understand why most persons being charged for murder in DA, are always set free!!!!. Something seems to be very wrong with the system….
Should I laugh?
Shake my head? 
or cry? 
Anyways, when some crimes are ignored…all other crimes have to be eventually ignored too.
But still…..together we must…take dominica to the next level.
trust me they will stop freeing all those murderers once it starts to hit home. i hope they know is a matter of time when crime start to escalate
@ interpol
What do you mean it is only a matter of time when crime start to escalate? Crimes have already escalated in DA. Consider the numerous crimes/murders the likes of which did not previously occur in DA. With acquittals for such offences, they will escalate further.
Weh papa! What a way to start off the season. Three men walked out free and smiling.
Boy, is things like that that causing people to wanna take justice into their hands you know…
politicians across the board (our leaders) don’t obey laws and u expect the little youth to obey them???? Stop and just take it!
Thats what u get when you have lawlessness rampant.
It’s ashame. What has skerrit done to this country! He needs to surrender and have me instead, Bird Island.
Buena suerte.
Hugo.
I WISH PESTINA WAS A LAYWER I WOULD GET HIM TO DEFEND ME EVERYTIME I KILLED SOMEONE,,,,,HES THE BEST…how does he sleep at night i wonder,,
excuse me,,,, Skerritt is not at the Court… it is not him that takes decisions in court,,, so please don’t ur nonsense and call the man name…
@ Bird Island
Why do you bring the PM’s name into it? He is not the one who tried those men. It is not his responsibility to try them or free them. If they are ill-treated, then he must take action to ensure that they are treated humanely. The person to hold accountable for freeing them is the one who is in charge of the E.C. Court of Appeal and the DPP. Discuss it with the DPP.
He is the head of the Gov’t Vine and the people are part of the branches. What they see is what they do, and you aint see ‘nada’ yet.
My father knows more than you.
Hugo.
OK. I see where you are coming from. He does not beleive in truth and justice. He does all the wrong things and the court allows him to go scot free. So, the criminals are saying what is good for the leader is good for them. And they are taking their chances and are likewise getting away scot free. ‘No law, not even the constitution’ can put them behind bars. That’s something handed down from the leader. OK.
are those people really from dominica .those surnames doesnt sound famillia in dominica
our grand and great grand parents must be crying in their graves .poor dominica
I thought the names looked strange. If they are not Dominicans and are not DA citizens, they should be deported to their country of origin because they did not respect the Law of the land. They murdered. This is where the PM should be notified and take appropriate action to deport them.
Approximately one year ago a Haitian man was deported or asked to leave Dominica because he overstayed his visit. He was a hardworking man with a child.
If you reside in DA you should look into it. It would not be fair to allow murderers who are non-Dominicans and are not citizens to remain in DA. Even though they are citizens, their citizenship should be revoked and they should have been imprisoned and not be acquitted. When released they should be promptly deported.
Almost each Dominican family has a member out of state. We procreate then we head back home. Our children carry names not familiar with those of Dominica. does that make them non dominicans?
Don’t forget we have Dominicans all around the world and we always mix with other nations.
Has anyone noticed that all the murderers in dominica are being set free Smh n the ones with the petty charges are being sent to prison? This gives dominicans a free ticket to commit murder. omg!!!!lord please guide us
sacificies……….. to remain in power
Pestaina hard a big ceremony yesterday for himself and those other useless magistrates. Why? What is their purpose? As I said a bunch of do nothing’s who celebrate doing nothing on state money. Dominica must be so proud!
Excuse my typos I’m annoyed plus I’m on mobile.
No law…..No constitution
dominica is getting very scary, this means that someone can kill and get away with it just like that,so what next? everyone takes the law in his own hand? hummmmm
How do expect to abate crime in this country, if people are not reprimanded and held accountable for their actions?
well papa is so it come in DA.. you kill you walk free.. but a man who took a coconut to drink can be fined. Don’t worry God will teach you all a lesson soon! Just remember when he put the tsunami to cleanse the Pacific.. Documentary reports showed that the Church was left unscathed.. I will leave Dominica in the hands of God for cleansing.
$3000. The shell, the jelly, and the water a thousand each.
wow, and people have the guts to tell me, “stay in dominica!! overseas full of crimes and criminals”
lord i dont even know who i sitting down with on a bus in dominica. of if the bus driver himself carrying me isnt…
Jackie, You have another lease on life boy. Say praise God. Smoking a big spliff now is not the way to give Jah praise for deliverance.
Please take example. Take control of your life and self control. At your age you already have too many brushes with the law. A person luck does run out at some time. See how your family suffered over your ordeal. Give them some satisfaction.
I honestly wish you would take control and make something out of your self. The world, in fact the people of Newtown does not hate you as you and your family (your mother in particular) may think. The truth is there are many concerned members of the community who wish you well.
Jackie, Jackie, Jackie. Put water in your wine. Get on the straight and narrow. Surrender your life to Christ. Go learn some life skill and stop the free life. it is only for a time.
The best of your life is yet to come. You are still young. The very bad influence around you is not what you should seek to emulate. Break that generation curse. Let it start with you. There are many good examples of how a young man can make a contribution to society’s development even among your extended family. Yes, take a page form your aunty’s and cousins. Take a cue from them. Don’t squander the blessing you have just received today. Consider it the first day of the rest of your life. Get real and learn from your past. mistakes. None of us are perfect so evenwhen we add our fair share to the roro, there are so many skeletons in our cupboard. But that is no excuse for you to go on living a reckless life.
You do not need to know me, but I am really touch by the gift you recieved today. Make good use of it and God Bless you boy.
Perhaps you should also spare a thought for the family of the young man who was killed. That too is christian. So long
GOOD LUCK.
Very nice indeed and someone who understand how God works. He is not like us who harbours hatred in our heart. He is a forgiving God and he is ever willing to receive us and help us if we accept him. That was very touching from “Harlem I come from”. A lot of persons will not agree with those comments but let us face it and many of us have children ourselves who if they make a mistake or mistakes would fall on our knees and pray for our children and would like the good lord to shower his mercy. The proble though is whenit is someone else, we tend to judge and become Judge, jury etc. But our forgiving Father knows our heart only he alone. So let us trust our Father and give thanks and praise to him who is the deliverer. Young man heed the advice of “Harlem I come from”. I cannot judge you as perhaps or maybe you have been repentant and who knows it best but our Heavenly Father. To the victim’s family, I know it is hard but trust also in God as well. He knows best and let vengeance belong to him as well. He does everything well at all times. He takes the foolish things of the World to confound the wise.
The system is by no means a joke. In fact justice is alive and well in the Commonwealth of Dominica, as the rule of laws has to be followed to the letter, thereby leaving no room for doubt.
Let us be cognizant of the fact that not everyone charged and taken before the court on an indictment or summary charge is really guilty of the offence with which he or she has been charged. Thus the reason for certain rules and guidelines such as The Judges Rules, Turnbull and others having been put in place to ensure the protection of the accused. The key words are ACCUSED and SUSPECT. the evidence has to be as clear as the light of day and points only in the direction of the accused or co-accuseds.
Let us look at the following:
• Two men are in a room. One allegedly solicits a piece of youknowwhat from the other who happens to be is disagreement with that request. An altercation ensues, thereby resulting in the death of the one who so boldly solicited. While it may be true that is that particular case, the accused had failed to report the matter, when interviewed by the police, puts up a very strong defense that the police can’t prove otherwise. Evidence is there to suggest that the deceased was an MSM. Even if the suspicion might have been that the men may have been bulling partners and that the murder may have been a crime of passion, the fact remains that the dead man is capable of telling no tales as they say. No independent witnesses human or otherwise exists to prove that which the prosecution speculates. Firstly, the prosecution failed to prove that the young man intentionally caused the death with or without aforethought and secondly the failed to prove that the death was caused void of self-defense. What do you expect the outcome to be in such a case other than an acquittal?
• A murder occurs in the quiet of the night, where someone claims to have witnesses the incident from about forty feet away. The questions to be asked are: What was the lighting condition? For how long was the accused under observation by the witness? At what distance was the witness from the accused? What length of time had elapsed between the original observation and the subsequent identification to the police? Amongst others. If their exist the slightest amount of doubt that the man before the court is the one responsible for such a very serious offence, the judge is left with no choice but to allow an acquittal.
With that said, I am of the view that rather to have wasted the court’s time, the DPP ought to have advised the court of the discontinuance of those matters well in advance, and further put the court and the defense of the intention of rigorously lunching new and more detailed investigations into those matter and the defendant will be called upon to answer to the said charges and new ones if and when new and compelling evidence surfaces.
Good job. I wonder why educating the public in such a way does not take precedent over some of the ‘BS’ we hear and look at on TV, We should be saturating the media circle our Schools and other places in an effort to make sure our people get it. We will be much better off for that. I do not want to stop coming home for fear of lawlessness yes it all over but we cannot sit on our hands and do nothing. Law and order must be maintained. I visit home every year more times if I could. My contribution is in the thousands of Dollars I pump in our economy I have served and proud of it. but i refused to sit on my Laurells and see Dominica being tag as a Lawless country We have the best life have to offer yes some of us had to live in order to set the stage for better things For Dominica. When I promote Dominica I do it with a passion and bring Approx.. 100 visitors to our shores and you ask me what have I done? and look at me as an outsider in my own country. To ask me when are you going Back?! Back where? I am Dominican,are You!!!!!
I agree with what you have said, save for the DPP discontinuing a matter and then bringing a new charge if and when compelling evidence is found. The laws against double jeopardy still operate in this jurisdiction, so once a matter is discontinued, the DPP cannot re-charge the once accused person.
A country with no law. A failed country. No surprise. I have gotten accustomed.
What a nightmare in DA. murder suspects walking the streets free, no wonder there are so many
crimes in the island.
@ bee
Fear them!
Does the DPP really have to let these cases proceed all the way to the actual court hearing before deciding to withdraw them because ” he has no case”? As I see it the withdrawal of these prosecutions does not mean that the accused did not perpetrate the acts they were charged with. We will never know for sure now because they were not poperly judged because our legal system is like carrying water with a sieve.
i cant say the justice system is a joke when Pestaina who I do NOT know made reasonable arguments for the discontinuance.
How can you know if its reasonable or not when you don’t understand logic or law? Jus sayin!
The letter of the Law it is what it is. Sad but justice should not appear to be done. But! absolutely carried out without fear or favor. My concern is and I hope it does not come down to that “OPEN SEASON ON those who like, THE PIT TOILET”.
I don’t think anyone’s surprised. The justice system in Dominica is a JOKE.
well if DNO had given a more detailed story on the reason given by the DPP for dropping the manslaughter charge you would have understood.
The details are elsewhere on the internet.
think u should open ur own news website wi ‘hmmm’
But u who knows so well, why did’nt u tell us where we could find it on the net.I would realy like to read it