All ears are now fixed on the high court as a decision is expected any time soon in the matter involving the arrest of five police officers over the death of Joshua Etienne who was found dead in his cell on July 4.
Etienne was arrested by Portsmouth police for illegal possession of ammunition.
The officers, four male and one female, were arrested and charged in connection with Etienne ‘s death but their lawyer Lennox Lawrence has asked the magistrate’s court not to read the charges saying they are “unlawful and irregular. ”
They subsequently filed documents seeking judicial review in the High Court and as a result magistrate Bernard Pacquette “stayed the proceedings” and the charges could not be read.
In the High Court on Tuesday Lawrence sought leave to apply for judicial review in the matter.
He argued there was a totally premature rush to file the complaints with “the holding and concluding of a Coroner’s inquest which was a mandatory requirement in law.”
“All they have to do is to persuade Your Lordship that they have an arguable case as it relates to the Coroner’s Act…we are saying that their case is arguable and more than arguable,” Lawrence told the court.
He said the complaints filed are “bad in law,” pointing to a section of Grenada’s Coroner’s Act that is similar to Dominica’s own Coroner’s Act.
“We are asking that the Orders be granted for leave to file for judicial review, ” he said.
Zena Moore Dyer, a lawyer for one of the officers, told the court that she adopted the arguments espoused by Lawrence and that they had “met the threshold as required by law. ”
“The Coroner has not satisfied the provisions of the (Coroner’s) Act, and so, the charges could not have been laid…the mandatory provisions of the Coroner’s Act cannot be set aside,” Dyer said.
But in response, Sherma Dalrymple, who represented the Director of Public Prosecution (DPP), disagrees.
Quoting Section 39 of the Coroners Act she stated, “the legislation is clear and it can run parallel.”
“Section 27 allows the Coroner to adjourn at anytime. Look at the Act, the intention of the legislation,” she stated. “The inquest does not have to be concluded, it was started. There are no procedural irregularities in this matter. The legislation in Dominica and Grenada are different.”
Her views were further expounded on by Tamika Hyacinth for the attorney general chambers who said that, “taking everything the applicants does not have a reasonable case and based on the Act, what has happened is not wrong in law.”
Attorney general, Levi Peter, also weighed in on the matter explaining that Section 39 has expressly provided for a number of issues.
“The issue is very simple. The Coroner acted under Section 27 properly and the Act is clear. The Grenada case is a red herring; the applicant has failed the test,” he said.
After over three hours of legal arguments Justice Errol Thomas promised to give his decision in the matter within days.
Also appearing on behalf of the state was State attorney Fernila Felix.
Dawn Yearwood Stewart and Geoffrey Letang also formed part of the defense team.
Zor twoe oshan let de court doe it thing.
we beginning to understand a little better. these people have a job to do and i am not going to take blame for them if they get it right its down to them and if they got it wrong its down to them again.Not long ago five men tied a man up and beat him to death. court bailed them. they end up fighting against each other ,stabbing ,killing,and so on. when the case resumed there were no one left to answer to the charge. Faith my people faith.
I am beginning to think. if it was not for Attorney Tiyani Behanzin, those officers probably would not have been charged. I have been listening to this attorney from the start of this issue, he was sharper than the DPP, the AG, then they show up at the High court and repeat all that he told the press in his statement when the Defence attorney made their application to the Magistrates’ court. If we read into what Mr Behanzin is saying, these Officers may have been given political or other directives for their conduct. I also believe that the treatment of Dennis Shillingford and the death of Joshua Etienne is linked!!! Behanzin is one sharp Attorney!!!
I’ve been skimming through these news stories but have not been able to find out how the victim died.
Let us all use the famous letter ws and see what you arrived at. who; whom; what ; where; when; what and WHY TO SEE WHAT justice is all about. Chief Jack when the pressure mount up he ran away and learn nothing to leave behind for us to capitalized on Five courageous men and women, fully competent as part of a team,where is their chief to save the DOMINICA POLICE FORCE from humiliation and reflex on the government. use your senses to face facts. The JUSTICE for the family is the chief to resign thats a start
there is so much political interference in all aspect of the ordinary Dominican life… I hope the victim’s family still say MY GRANDMODAR WAS LABAR MY GRANDFADAR WAS LABAR I LABAR…
Why did the DPP not appear in person before the high court? This is a very important case, almost novel, she sent the junior lawyers to defend. To mind it sends a message knowing the Magistrate was wright in law, she criticized the decision as wrong publicly to pander to the zealots but she could not muster the conviction to defend her public statement before the Judge.
Yet it was the very zealots who championed her cause for appointment to DPP. Is it because they expect her to pander to their public pleadings in the media?
Can someone explain how charges can be brought, when the cause of death has not been determined.
Parry, with only nine months to go before the official date of calling the general elections, I would advise the Prime Minister to put his house in order. Their are to many allegations , bad judgments and disorganization in terms of his party. Now that an international organization is involved, he should be very concerned. Remember the days, ” if not Skeritt then who,” and ” the opposition is not ready,” he should ask himself what has done wrong.
Whatever evil DAT were done to wine the election,almighty father papa god have mercy on the people n the country, because life’s is being claim in payment to the devil, father did is signs being shown to the people in p/mouth n all over ,where’s the minister for p/mouth y isent he talking out,y isent he defending the pple, one answer to dis No justice,No Vote.
D/a is a lawless country & what little law there is is to maintain the system not order. The system have to support the police because it’s the police give them the power to govern. When people live in a society where they don’t feel like they are getting justice the next thing is to rebel.
A ring a ring of nonsense, a judicial review the case will fall flat!
I agree. Nothing will be done as usual.
Welcome to my world
Praying for the policemen and the dead man family.Did the doctors explain how or what is the cause of death.People also need to show respect for those who are trying to protect us.
The purpose of the police was never to protect the people. Get that straight. There job was to enforce the laws. However, that is done selectively here also.
I see that the DPP’s office have decided to stand their grounds by leaning on Section 27. In my mind they ought to have used both Sections 27 and 39, which would have made for a stronger case.
The defense on the other hand banks on Sections 6 and 7 and certain authorities coming out of Grenada.
While Sections 6 states that a Coroners Inquest must commence upon the death of an individual and Section 7 states that the coroner must inquire into the cause or manner through which the deceased might have met his or her death , Section 27 states that it can be adjourned at any time stopped at anytime and Section 39 states that it can be stopped or adjourned if and when the Coroners learns that charges have be preferred against a suspects or suspects and the manner in which he should proceed from thereon.
Section 39, if i understand it properly suggests that both a Criminal Investigation and a Coroners Inquest can be ran simultaneously and independent of the other.
These defense attorneys only try to conveniently twist the laws to suit. Trust you me, they do not hold a monopoly on intelligence.
I am still very much optimistic that the web defense attorneys will fail in their attempts to seek Judicial Review (which is nothing but a delaying tactic) and that the matter will be returned to the Magistrate Court and the Charges read the accused police officers, as there is nothing here that suggests that the matter against them has been handled unethically or illegally.
This is so true what you said but when the charges are read to them they will plead not guilty and the case will still go to high court only thing it will be up to the magistrate to grant them bail or not. But this is a High Court Case
No. In the Magistrate Court one is not allowed to plea on a charge of murder or manslaughter in the lower courts as these offenses are strictly Indictable.
What happens after the charges are read is the commencement of a Preliminary Inquiry by the Magistrate and upon hearing evidence from witnesses and examining exhibits, he or she makes a determination as to whether or not there exists sufficient evidence to proceed. If yes, the matter then proceeds to the Supreme Court for trial. PI is much like a full trial, but in the Magistrate Court.
Some countries do Paper Committals conducted inn the Magistrates Court and in other countries there is what is called a Sufficiency Hearing which is conducted by a judge who examines the case file and determines as to whether or note their exists sufficient evidence to proceed.
However upon committal for trial in the Supreme Court, there is what you call a Plea an Directions Hearing where the defendants are allowed to plead and from there directions follow. Either for sentencing if he pleads guilty or a new trial date set where he or she pleads not-guilty.
I thought the Judge would have dealt with first things first that is rule thst the Magistrate ruling is in fact null and void or ultra virus – then send it back so that the prpoper procedure could be followed – and then and only then can judicial review be applied for emmmh – what a precedence we are setting – well all attorneys will now have the right to asked for judicial review at magistrate court level left, right and center!!! CCJ where is thy sting?
This is an unfortunate situation from all angles. but justice must be done.
Sayeth the Lord
If you can’t depend on the judicial system which should be the uncompromising pillar of our DEMOCRACY, then every other institution under the said governance is either tainted or corrupted.
I’m amazed that a majority would stand by and entertain with their votes the people who are chipping away their rights, manipulate the courts and enable justice to spin in the wrong direction. Open their eyes Almighty Father!
The people here give away their power through laziness, learned helplessness and non-participation.
It would be darn well interesting to see the judge come back with his decision in a few days whereas Steven Ididore’s matter is gundeoing review for 4 years.
Let’s see whether our justice system is as inconsistent as the Senior Counsels that give one story then flips -essentially dishonest
Lang Mama, What do you want? A quick resolution of the matter or you would wish it drag on so that you would have something to talk about? Wouldn’t you be pleased to know that the decision is handed down in a few days time or you would really prefer to see it drag on like the Isidore matter as you say?
Not sure if you understand my comment. Justice is what I want not zaggy moozaille
Interesting comments, but it is bad form to cover pending Court Cases in the media as defendants can claim libel, prejudicial to the case to get it thrown out. Everyone has an opinion, but let jusice prevail.
Mr. Lennox you are beautiful and don’t ignore your best friend Mr. Tony ASTAPHAN IF YOU NEED SUPPORT. If you failed the Dominica Police Force is finished and all criminals will be at large like the dead man. ASK THE pm for help because we cannot afford to lose this one,in the meantime let gentle rest make some money.
god is in charge he knows and see everything who knows if this man is not responsible for those killings in Portsmouth (unsolved murders) time will tell innocent until proven guilty
So quick to judge the man i knew him he wasnt any murderer as you trying to depict him as …… slow your roll u too jet
It’s high time a thorough review and enquiry of the Dominica Police Force and our entire judicial system including it’s representatives is done, to look into the illegal conduct and practices….
The worst is when professional kangaroos are let loose simply because we have a kangaroo court..
On the subject of the police. . A psycological evaluation as to how that invidual was raised, what is his family back ground and values…respect and conduct should begin prior recruitment…..There are just too many ticking time bombs with badges, bartons, guns and authority prowling around in police uniform, when they should be in some boot camp getting councelled from the childhood demons..
Well it is politicians that recommending people to become police now…so what you expect. .Birds of one feather flock together…….All this must happen when politicians control every institution in the land…It is time for achange…
In my opinion, the authorities are blinded by their own head knowledge and errors and they cannot foresee that all this will give rise to an unrest . Have they not read about that incident that took place close to the state prison? That is street justice, and family members of the so-call accusers of the crime, should take note. I think if a crime was committed as in Joshua Ettienne’s case, those responsible, should ask and plead for justice to be served. We are going to have some things on our hands in Dominica, that will be too hard to handle. I do not know why history does not speak loudly to us. A few years ago, a young man was slain in the heights of Bense, when he was released on bail, while two of his companions who committed the same crime, were held at the state PRISON. Again, brother Ti
yani warned them, they did not listen. Today I am sounding the same warning, who will listen, maybe no one will,. rather they might be looking for grammatical errors in my writing and ignore the soundness of my speech. The Prime minister, is responsible for defense in this Country, and while he might not have any direct jurisdiction over the courts, the situation calls for national concerns and awareness therefore it should bring all parties together to fight those ills.
I am sorry for our Country because of partiality and too many persons are at ease when they should be working. Justice for the families and friends of the deceased, Ettienne.
I think they want the unrest.very cute way not to have elections instead have a state of emergency and by the time elections are held Skerro will be a Chavez style President in the white house that China built!
I think they want the unrest.very cute way not to have elections instead have a state of emergency and by the time elections are held Skerro will be a Chavez style President in the white house that China built!
now why would you want to preach violence? The same thing you are condemning the police officers for is the same thing you want others to resort to. God is a forgiving God. You are too bitter. If you feel there is corruption with the courts and to you justice is not served then live it all to God. They can’t hide from God. So if they are truly guilty, they will have to answer to God.
Chill bro….. stop with the bull.
Innocent until proven guilty. Ppl wants to sentence them even before it reacy court. The police may be wrong I was not there, but I hate a volere.
StoP BEING BIASS!WE hve no time for bringing up the man past we dealing with the present and the future what is going to happen next?Do you understand!Justice hs to be served!!!Vale’ bagay police ka fe’!What is wrong with you?Stand up dominicans all you always in a papisow bagay!
You are clearly a fool.
So because I was at thief last week, have been a thief all my life, I have lost my rights for justice and fairness. See how many murders are walking the streets – out on bail. See how many murders cannot get their due justice simply because a smart lawyer is able to sweet talk a judge into believing that the murderer has more rights than the dead person, the jails have rats, cockroaches and other nuisances sothis is no place for him as he has a constitutional right to live in a very comfortable place. For that argument some murderers are walking free. The suspected policemen have rights.But Joshua Ettienne also has rights –
I have never heard of this kind of preferential court proceedings happening for any other Dominican who committed a crime…………… give this man family justice do the right thing.
The police officers have rights. They are entitled to affair and just trial. They have the right to retain which ever lawyer they wish to represent them and the lawyer in turn has the responsibility to provide his clients with the best possible service defending him/her even in the face of damning evidence.
But by Job, the young man (Joshua Ettienne) who on evening was picked up by the police, alive and well, and the very next morning was found dead in a police cell in the full custody of the police who arrested him, also has rights. It cannot be fair if stumbling blocks are placed in the way of ever getting justice. We have to be fair as a society. Some person lost their life at the hands of the police – an extra-judicial killing.
What a mess! What a shame! What an embarrassment! I sure do not understand what is happening in Dominica today. What is law? What is justice? Where have they gone to? Have they finally belong only to those that can afford it? What about the poor and those that are less fortunate? Are they going to be denied justice simply because they cannot afford? Didn’t Mr. Skerrit just encouraged us during his Penville sermon on Sunday, that we should pay particular attention to the fact that we have to look after the less fortunate in our society? Didn’t he say that caring for the less fortunate was the center of his government’s program? Does caring for the less fortunate not also mean to give them justice when they are abused? Mr PM, it is the state that is prosecuting these 5 police officers for the alleged death of Joshua Ettiene, a poor man in our society. Sir, isn’t Lennox Lawrence a State Attorney? Is he not your personal Attorney? If yes, then why is he now fighting against the state in this matter? If we really care about the poor then why is he not joining the state to ensure the family of Joshua Ettiene get justice? This thing makes no sense to me
Not too much here makes sense if you really look at the big picture, therefore selfishness prevails.
Today is Tuesday. It the hearing today or Tuesday the 26th? I thank God for a date sooner than September 22nd as this is becoming ugly. The family deserves justice and the country needs stability. We are watching and praying!
I guess every defense attorney now can applied for a judicial review. its just totally ridiculous and to be demonstrates preferential treatement for those officers.
@Marco
This should not be seen as a tactic to assist the Police Officers in particular but as a sign of a maturing democracy in general. It is the defendant’s right.
Defendant right. Are you aware that 1 of the lawyers defending the police officers is an ex-police?
thank God somting happening
How sad that some people cannot rekuse themselves when they know they have a bias.
Justice Thomas give the family of this dead man what is right
Everytime truth speaks and DNO don’t like the comment, the comment will not be posted. Lets see what happens today
Welcome to my world