Privy Council hears Linton/Pinard-Byrne matter

The matter between Byrne (left) and Linton  is now being heard before the Privy Council
The matter between Byrne (left) and Linton is now being heard before the Privy Council

Law Lords of the London-based Privy Council are presently hearing a matter involving Oppostion Leader, Lennox Linton and chartered accountant, Kieron Pinard-Byrne.

The case will be the last from Dominica to be heard before the Privy Council since the island has made the Caribbean Court of Justice its final appellate court.

The matter centers around the Layou River Economic Citizenship Program and the Layou River Hotel project.

In 2002 Pinard-Byrne sued Linton because of an article published on the program on a website and statements made about the same program on a radio show, on which Linton was a guest.

According to Pinard-Byrne he was libeled by Linton, who was a journalist at the time.

In March 2011 the High Court in Dominica ruled in favor of Pinard-Byrne.

The matter was taken to the Eastern Caribbean Supreme Court (ECSC) in March 2013 and the High Court’s decision was reversed with a ruling in Linton’s favor.

The ECSC, in its ruling, said its decision was based on ‘qualified privilege.’

Qualified privilege gives the press some level of immunity from defamation charges for statements made in good faith, unless it can be proven it was done with malice.

Immediately after the ruling, Pinard-Bryne’s attorney, Tony Astaphan, indicated that they were considering taking the matter to the Privy Council since, according to him, the ECSC’s ruling had narrowed the issue of qualified privilege ‘much too much.’

When the Eastern Caribbean Supreme Court of Appeal met in Dominica in March 2014, the judges granted leave to Pinard-Byrne to take the matter to the Privy Council after Astaphan said his client had “fully complied with all the rules as laid down by the court of appeal and had also paid the required 500 pounds sterling to the court.”

The court then ruled that the conditions have been met and “final leave is hereby granted by the appellant to go to the the Privy Council to appeal by decision of the court filed on 25, March 2013.”

In his appeal Pinard-Byne said the ECSC made its decision without properly considering his complaint.

DNO is following this story and will publish information as it becomes available.

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56 Comments

  1. new kid on the block
    April 24, 2015

    Francisco thankls to Skerro’s move to the CCJ asa out Fibnal Court Lennox Case is the last Dominican matter to be heard by the Privy Council. hahahahahahahahahahahahahahahahaahahahahaahah laugh at yourself it ws not Lennox who took the case to the Privy Council it wqs Anthony Astaphans you fool, hahahahhahahahahah. Laughat yourself.

  2. Marcus Hill
    April 22, 2015

    The Privy Council will uphold the ECSC decision.

  3. t
    April 22, 2015

    Francisco Telemacque may be on too something

  4. replay
    April 22, 2015

    The DLP Political directorate/politicians/supporters, sections of the Dominican population, refuse to learn any lessons from the Layou river hotel fiasco. Our passports sold, millions made by agents,under a so-called “Economic citizenship programme.”

    Dominicans were fooled by promises of construction of 5-Star hotel in Layou Valley by the ECP promoters. Up to this day, no hotel. Where all the money gone?

    Today, in 2015, DLP Gov’t takes 15 acres of our Land from the Cabrits National Park and just like that gives a foreigner/Range development our land that we borrow from our children. Land that Kalinago and the Black freedom fighters fought for with their blood to preserve for their children. Even passports Gov’t give the foreigner to sell to raise money to build his hotel. Citizen-by-investment the cabal call it. But investor come with nothing. Govt give land and passports to sell.

    Classic replay of the selling of passports to raise money for bogus Layou…

    • point
      April 23, 2015

      @ replay it was the UWP who gave the money to the operators of the Layou river hotel fiasco. When the DFP was kicked out of office no monies had been dispersed to the developers. So what you refer as the layou river hotel fiasco the DLP did not have a hand in it. That project had imploded long before the DLP took office.

  5. Anthony P. Ismael
    April 22, 2015

    I wish the Layou River Hotel Project would come to fruition. However, like most things in Dominica there’s always a controversy

  6. Titiwi
    April 22, 2015

    I listened to mr. Linton’s presentation live this morning and without prejudice I must say, not bad, not bad at all for a novice! Now I understand why mr. Skerrit would not enter into a live debate with the man. His tongue would be tied into a stuttering apoplexy. And the way we were able to hear that from the Privy Counsel live in London in such a professional and civilized manner! Why did we swap that for the CCJ in Trinidad?

    • Kid On The Block
      April 22, 2015

      But what Skerrit has to do with Linton’s presentation at the Privy Counsel. Linton and Pinard settling their problem in the Privy Counsel ALL YOU UWPites want to involve Skerrit in it.. Can’t you ALL abstain from mentioning the man’s(Skerrit)name for once? You ALL go to bed with the last word from you All mouth and the first word in the morning is..SKERRIT..Why can’t you ALL get a life? You ALL must be dreaming of what next are YOU going to say about this man. Why all this jealousy and hate to one man?

      • The Facts
        April 22, 2015

        They eat and drink him too. :lol: They are not smart people. They are idle ones who have nothing fruitful to state. They are heaping hot burning coals on their heads. God will repay them for their hatred against the PM. One day they will find out and experience it to their detriment.

      • Doc. Love
        April 23, 2015

        We are talking about Mr. Linton’s articulation and presentation before a high powered entity, against Skeritt’s performance before a similar entity. When one remembers the criticisms coming from Skeritt, Kamala, Philbert and other members of the Labor party, as regards his ability to address, for instance, heads of Governments, had he become Prime Minister, many Dominicans are of the opinion Skeritt does not have the ability to make such an excellent presentation as Mr. Linton did before the Privy Council.

    • Kid On The Block
      April 22, 2015

      What has Skerrit to do with Linotn’s presentation at the Privy Counsel? Lonton and Pinard are settling their problem at the Privy Counsel You All UWPites want to involve Skerrit in it. Why can’t you ALL abstain from mentioning Skerrit’s name for once? You all go to bed at night, the last word that comes from you All mouth is Skerrit, You ALL wake in the morning, the first word that comes from you ALL mouth is Skerrit. Why all this jealousy and hate for one man? Why can’t you all get a life and leave the man alone. Let’s hope Linton’s great presentation sets him free!

      • The Fact
        April 22, 2015

        I tried the new name Kid On The Block so that I get less snobs and thumb downs. Anyway Lizavier and I will keep being hypocrites for as long as we remain in Canada like Muton Batali

      • The Facts
        April 23, 2015

        Is that you Francisco Telemaque? If it is you, you make me laugh. Maybe you also changed your style of words? :lol: :lol: :lol:
        Now, be a further nice guy and leave Liza Zavier and others alone in peace. :lol: Careful with your words. None are hypocrites except if you imagine it.

      • April 23, 2015

        @The Fact April 22, 2015

        Well first of all I hope that is the real you–I wish our pictures could show up here.

        Good idea! But I think you should have spoken to me before you made declaration wee; Lol! Maybe I would have asked you to gave me a few days to think about it, eh!

        But what the heck! If that is you, I believe that you are as strong as I am and we can go tete-a-tete in defense on behalf our Prime Minister and the God fearing people, whom he leads in our Dominica

        He keeps me and the rest of us, who are his friends, up-to-date on face book–I probably know more than some of those who live in at home, thanks to technology.

  7. dayandnightvision
    April 22, 2015

    Who is this Francisco Telemacque????????????? By the time Lennox Linton loses that case, his name will have gone into oblivion. Skerrit’s name however will always be remembered as the youngest Prime Minister during his era. Even a preschooler knows that Francisco Telemacque. Cheeezzz man!!!!!!!!!!

    • Francisco Telemaque
      April 27, 2015

      You want to know who is Francisco Etienne-Dods Telemaque? Ask Skerrit himself, he might tell.

      In the mean time note that Francisco Etienne-Dods Telemaque born in the village of Wesley is man (man spelt with capital letters). I am a man who is totally dependent on God first, and on myself second. I do not depend on Skerrit nor you for anything!

      I am not looking to Skerrit for anything, there is nothing Skerrit has that money can buy that I cannot afford. I d do not want to be a politician, I am highly educated in more than one science, I have the ability to do more important things with my life than to live off the blood of people playing politician.

      Skerrit has no skills, no academic education, so there is no comparisons between me and your god! You so damn ignorant; Patrick John was the youngest Prime Minister in the Caribbean in the 1960’s he has disappear into oblivion, along with his name Skerrit may be remembered for his evils rather than good!

  8. April 22, 2015

    This FACTS person is residing in Canada for over 30 plus years, always mentioning God in all her comments while at the same time displaying all forms of hate towards us in Dominica who are the ones feeling the heat, seeing our Island sinking day by day, corruption and more corruption, our island being sold right in our faces, our constitutional rights are taken away from us, our nationals are being treated like dogs by Chinese, and this FACTS persons being a Canadian citizen is happy to be residing in a country where there is justice for all, a country where everyone can express freedom of speech, a country known for whistle blowers, this is the people who always reminds us of God yet hates those who are speaking out against a corruption leader and what is affecting them in Dominica

    • The Facts
      April 24, 2015

      Patrick, what do you know? You know nothing! Do not direct your frustrations toward me. I reside in a country where we also have political problems; much of it. We do not go about calling the government corrupt and consistently on a Website as you do to the PM. If we did, the Royal Canadian Mounted Police – RCMP would be at our doors to arrest us.
      D/ca needs a serious-minded police force to arrest you people who call the PM derogatory names.
      Some of us are respectable and disciplined people. We know when to criticize and when not to. We have MP’s and MPP’s to complain to. What good is it taking it to a Website? We would get nowhere. We are smart enough to direct our complaints to the proper authority.
      If you want change in D/ca, there is a right way to go about it. I communicate with certain people in D/ca. Not once during our conversations do they ever criticize the government. So what is wrong with people as you? You have a severe problem.

    • The Facts
      April 24, 2015

      We have reasons to remind you of God because your comments on this Website can be extremely unbecoming especially directed at the PM. We are reminding you what God has taught us through the Scriptures and the Church and what we are to do to receive his blessing, graces, enlightenment, live happily and peacefully and to generate same to your fellow people. You displease God and deprive yourselves of them when you make unbecoming comments against the PM and also your fellow Dominicans, wherever they may reside. You depict just what you are.
      From accessing this Website, I have noted that through your comments, some of you D/cans have no discipline and respect for authority. Who are you pleasing? Not God! God demands (through Holy Scripture) that you obey authority. If there is any judging and punishment to be meted out, He is The One to do it, in his good time; not you or the other critics.

      • Francisco Telemaque
        April 27, 2015

        Lady Facts, corruption do exist in Dominica: it is very visible. Let me draw to your attention, someone left School, never had a job where they could have made two or three thousand dollars per month.

        They get elected, are paid a ministers salary in Dominica, and in less than five years, these poor boys boast houses valued at more than a million dollars, and I’ll tell you some of them have more than one house valued at millions of dollars. How do they account for that.

        Let us take Skerrit for an example, even with the 50% increase he gave himself, you add up all the honest money Skerrit earned in Dominica, when he played teacher, and the money he earned for the past fifteen you will find his total assets exceed his honest paid salary. A first year kindergarten student can calculate that. You know for a fact, if these government ministers lived in Canada, America, or any other place on the planet they would be called to account for their wealth, and all would go to jail!

    • The Facts
      April 24, 2015

      YOU ARE NOT GOD! You have not learned to leave the judging to God. You make yourself miserable. The more criticisms you spew out, the more miserable you will become. This leads to unhappiness and lack of peace. Learn to live happily.
      You are not on the side of justice. I know I am. What purpose is it that you keep calling the PM derogatory names? How does this satisfy you? Do you not think you should be arrested for that? If it were Linton you called such names, even as a supporter, you would not get away with it. He probably would throw you into prison. Smarten up?
      You are imagining that I hate D/cans? I am a D/can how could I hate Dominicans? Are you right in your head?
      This is your propaganda, always not minding your own business, judging and telling lies about people you do not know. You are the one spewing hatred.
      I have nothing personal to inform you or anyone on this Website. My personal business is mine; not yours or anyone else.

    • The Facts
      April 24, 2015

      DNO posts articles. Everyone has a right to comment. Some of you detest that we support the PM. The reason we do, we have noted how unfair/biased some of you are towards him.
      I comment on them and also respond to comments of others, providing my opinion. This is as far as I will go. I have no interest dwelling on the personal life of others. I am not interested in their life for I do not know them.
      How could I hate? I do not have it within me to hate. I am as happy and peaceful as a lark. Thanks be to God, my family and friends. Not too many people are as fortunate as I.
      If you live a godly life, you would not make such comments. What have you done for D/ca? All you do is to direct unbecoming words and also criticisms against the PM. Some of us are fed-up of reading those types of comments which are boring and not educating. You do not encourage us whatsoever to enjoy reading your comments. We are honest and cannot agree with such types of comments.

    • The Facts
      April 24, 2015

      You think Dominica is sinking? This is all in your imagination.
      So you are a UWP supporter. As I have stated, you are the one who hates the PM. Keep on hating and throwing words at people and minding their business, you will get nowhere. You will never be happy and peaceful for what you sow you will reap, placing a curse on yourself.
      Election has gone. Nearly every article and comment, you bring his name up. Why? What good does it do? I am informing you, the PM is extremely patient with people as you. I visualize you are trying his patience. Were it Linton, would he be so patient with you?
      None of your critiques serve no useful purpose. You do not have to keep calling the PM corrupt. Put yourself in his position. Only then you will learn to treat them with kindness and to be kind yourself.
      Pray to God, for D/ca, other nationals and yourself. Be happy and peaceful!
      I wish you God’s Blessing and His Peace!

  9. Doc. Love
    April 22, 2015

    I wonder what Philbert Aaron had to say about the presentation of Mr. Lennox Linton at the privy Council today. If such a presentation can come from a man without a high school education, can you imagine, if he had a doctorate.

    • Francisco Telemaque
      April 22, 2015

      Where do you get this information from that Lennox did not get a high school education?

      For your information the has more than GCE (general certificate in education), the man is my cousin, but researched him as I have done in the case of Skerrit, and whereas I found out that Skerrit never graduated collage; does not have any degree in English, so too I found out Lennox Linton has more than one GCE subject under his belt!

      Remember both his mother and father were both educators, renowned Principles of School in Dominica; so you do not expect Lennox to be an idiot; his sisters, and brothers are no idiot either, even the one who is not known as “Linton.” (Him using him mothers name oui just like Skerrit)! And don’t hold your ear too close to the ground (cause I know but I doh talking eh)!

      • Kid On The Block
        April 23, 2015

        Idiot! You are an embarrassment to this site. You seem to know so much yet you know nothing. You are just a trouble maker. Go find a life.

    • The Facts
      April 23, 2015

      Some of you believe what you hear. You never think beyond and question it. Did you consider that he got help and from his attorney to make his presentation?

    • April 23, 2015

      I hope
      the Law Lords were impressed with his presentation. :-P

    • The Facts
      April 24, 2015

      Some of you play smart but you are not. You are easily deceived. I would like to see him talk without reading the script unless he memorized it.

  10. April 22, 2015

    Waste of money both of you spend it on your children or grandchildrens education

  11. Francisco Telemaque
    April 22, 2015

    “The case will be the last from Dominica to be heard before the Privy Council since the island has made the Caribbean Court of Justice its final appellate court.”

    Well, let me see what the people like Facts who seems to hate Lennox is going to do about this; like it or not Lennox has made history! His name will be written in British history, as the last case of a Dominica born to be reviewed by the privy council in England.

    His name will be remembered long after Skerrit’s name disappears into oblivion!

    Hahahahahahahahahahahahahahahahahahahah!

    • What!!??
      April 22, 2015

      I hope you followed the proceedings ….. I would be shocked if Lennox was able to “talk” his way out of that one. His opinion of the Privy Council might just change after the ruling.

      • Francisco Telemaque
        April 22, 2015

        It does not matter wether he loose or win in this case, he has already made history, and that will never be changed; never be forgotten, unless all history, and records of the Privy Council be destroyed!

    • Kid On The Block
      April 22, 2015

      You are such an idiot…Ask the WORLD who is the youngest PRIME MINISTER in the world?! Skerrit does NOT have to go to court to make HISTORY. Skerrit’s genuine history records are respected by people of integrity all over the world.

      • Demon
        April 22, 2015

        You are a fool ” Kid on the Block” – just what you are – and so too your children will feel the wrath of what Skeritt has sowed.

      • lil
        April 22, 2015

        uum, what? Skerrit is the “youngest prime minister in the world”? Source please

      • Not a herd follower
        April 22, 2015

        Skerrit is no longer the youngest Prime Minister in the world. Do a search on the internet

      • truth
        April 22, 2015

        You are really a kid on the block,You should refrain from calling people an idiot, because you are ignorant ,and lacking knowledge ,
        skerrit will ,and have made history as the youngest prime minister ,But for respect my boy … So he made two kinds of history ,,The youngest prime minister and the worst prime minister this country have ever seen

      • Francisco Telemaque
        April 22, 2015

        Skerrit’s youth is the cause of your miserable life, Skerrit youth is what has crippled the economy of the country causing idiots like you to kiss his butt, in order to receive a handout for your survival, on the other hand, this idiot here experiences no financial difficulties.

        I eat whatever I wish, when ever I wish: I feel no financial pain, and mind you I do not have to worry when will I be investigated, and it will be found out my financial independents are due to money that I stole, or gain through any corrupt scam or scheme I am not a liar, I am indeed an honest man!

        You fool: Have a nice day you little idiot

        Hahahahahahahahahahahahahahahahahahahahahahahahahahah!

      • Titiwi
        April 22, 2015

        Kid, you are right Skerrit will be history…not yet, but very soon!!

      • April 22, 2015

        @Kid On The Block April 22, 2015

        Nice saying here, my friend! I call this words of wisdom, against that idea of “historical fame” for being in a certain courtroom for the last time–good grief!!!!!!!!!

      • Verve
        April 22, 2015

        Alas poor you. LOL!!

    • April 22, 2015

      @Francisco Telemaque April 22, 2015 “His name will be written in British history, as the last case of a Dominica born to be reviewed by the privy council in England”

      I hate to do this but I can’t resist. You have now revealed another “great symptom” of your sickness which is well known as “STUPIDITY”

      Who in the world would rejoice about being handled a “medal” –well that is another way of saying it– for making the record at the Court of Law–and especially if that person is found “GUILTY”! Imagine a father telling this news to his very young son–all in all!

      For crying out loud man! Present yourself with more standard than that–if at all your have it.

      • Kid On The Block
        April 22, 2015

        Praise the [email protected] Lizavier4jesus, You could not have said it better than that!
        This Francisco Telemaque is such an idiot! He talks like he is so well off and so honest; You may be surprise to know he is occupying some some Section 8 apartment where he lives and can’t even match his portion for his rent. All he does is sit and criticize Skerrit.

      • Francisco Telemaque
        April 22, 2015

        Elizabeth, I am surprised at you: If Lennox case which is the last “Dominica appeal case ” to be heard by the Privy Council in London is not history making then you need to register into some kindergarten night class and get the education you did not get when you were young!

        And incase; you are too dumb to learn note: history is defined as at tale or story; it is a chronological record of significant events, as affecting a nation, or institutions, and individuals. So for you to talk such crap, tells me you are more ignorant, more stupid than I thought!

        As for that little rat name kid on block who talking about Section 8, I rent to people on section “8,” And if you think I am poor like you ask Elizabeth that idiot, if the last time she saw me, if I did not drive her around in a sports car valued more than a hundred thousand dollars! You stupid piece of trash! Poor man cant buy those unless he is a thief! (And I doh is some politician).

      • April 23, 2015

        @Kid On The Block April 22, 2015 “You may be surprise to know”

        No, my friend I would not be surprised–I have the gift of perception and I know that my perception about that individual is quite accurate–he cannot fool me. I am sure about one thing–that he is a compulsive liar

      • The Facts
        April 23, 2015

        As always Francisco placed his foot in his mouth. He thinks he is more intelligent than everyone who comments on this Website.
        If he were smart he would not make such comments. What if Linton were to lose the case? What would he state? We will hear more.
        What I think of Francisco, he lacks humility, is a cantankerous man and is haughty and proud. We know, pride comes before the fall, as Satan who was thrown out of Heaven for pride and rebelliousness. Francisco is worth laughing at.

      • The Facts
        April 24, 2015

        Francisco used the name which I use, except without the “s”. He made it sound as if I wrote it when he referred to your name and Canada. It was not me but Francisco. If I could sue him for using the name I would. :lol:

        What is so great about being in the Privy Council Court House for the last time? Some people think they are smart but are so dumb. It is worth a laugh. :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

      • The Facts
        April 24, 2015

        What British history? Is this something to rejoice over and to exalt? What type of a mind do you have?
        When Linton leaves the Privy Council, I suppose he should be given a medal for the one having the last case. Oh my!
        Lennox name will be remembered for the first politician to stage many protests. This is nothing to shout about.
        Telemaque, cease insulting people on this Website. I have noted this is something you are extremely good at and excel in. It appears you graduated in it with honors. It is nothing to be proud of.
        You have projected you are not a gentleman. Is this the best you can do? What a shame! I am unable to comprehend why you find it necessary to use those derogatory words and directed at “a woman”. Do you not have respect for women?
        Here is a gift for you – :twisted: :mrgreen: :twisted: :mrgreen: :twisted: :mrgreen: P E A C E!

    • Hawke
      April 22, 2015

      You continually say that you are a well-educated and ‘smart’? person.

      Why not learn to spell and type correctly?

      What you post is mostly ‘drival’, not interesting and irrelevant. Such a waste of time…but I had to post my response to your silly nonsense.

      • Me
        April 23, 2015

        Hawke I concur but it is “drivel” and not “drival”.

      • The Facts
        April 24, 2015

        You can’t spell too and you are correcting others? :lol: :lol: :lol: :lol: Check the Thesaurus and Computer Research next time before hitting the Sent Key.
        The pot always calls the kettle black.
        Maybe you should stick to one name on this Website. Some of you keep changing your name. Why?

    • The Facts
      April 23, 2015

      Where did you get the idea from that I hate Linton? And why refer to me and accuse me of this? What do I have to do with that? You are indeed a troublemaker on this Website. Has DNO not realized that yet?
      I provide my comments without hating him. I hate no one; not even you. :twisted: :mrgreen: :twisted:
      In fact, you put words in my mind. Based on all your indifferent comments, I could state that you hate the PM. Yet, I never stated that you hate him.
      Be smart and wait for the end result of this case.

    • April 23, 2015

      Fransisco, you must be one who lacks understanding. You can’t erase history, so to say that Lennox will be remembered long after Skeritt is forgotten is total hogwash and political garbage….

      • The Facts
        April 24, 2015

        Francisco makes me laugh, sarcastically. He acts as if he is Mr. Know All above everyone and has the future in his hands and holds it. What a foolish man who calls others idiots. He is the idiot.
        I visualize he is a difficult person to deal with. One day all his words will cover him and he will fall flat on his face.
        I cannot wait for the end of this case and to hear the verdict.

    • April 24, 2015

      @Francisco Telemaque

      You read my post upside down again! I never said that Linton’s would not go down in History–and while I am at it; you know damn well that I know what History. What I ask you is: Who would be proud of that kind of record–especially if the case presented a “GUILTY” judgment?

      Now I suggest that you stop speaking your “Twilight Zone” fantasy and lies here–by now everyone knows that is what it is. Your attitude of pride, haughtiness, and self conceit will someday tell on you–if this has not already started with you–I hope you will be able to deal with it

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