State loses major court case against police officer

courtThe State has lost a major court matter against a senior police officer who was charged with causing grievous bodily harm with intent to Curvin Colaire.

On Thursday, June 23, 2016, Magistrate Arley Gill upheld a “no case submission” put forward by defense counsel Gildon Richards for Sergeant Philbert Bertrand.

Sergeant Bertrand was arrested and charged for the shooting of Curvin Colaire in Palm Tree, Wesley on November 14, 2013.

Colaire was shot after he attacked the police with a cutlass.

At that time the police were responding to a report that Colaire was armed with the weapon in the community and was involved in an altercation with someone.

He was charged by the police for being armed with an offensive weapon and convicted.

Bertrand was arrested and charged in 2015 in the matter.

This week Richards put forward a no case submission claiming that his client had “No case” to answer because the prosecution had failed to prove a prima facie case against his client.

Seven of the prosecutions’ 13 witnesses were cross-examined by the defense after the prosecution informed the court that they intended to proceed via paper committal.

Magistrate Gill then listened to submissions from the prosecution led by state attorney in the office of the DPP, Carlita Benjamin.

He then upheld the “no case submission” and stated that the case was riddled with”inconsistencies, lies, mischief, and innuendos.”

He called the case “a malicious manifestation of injustice,” stating that Sergeant Bertrand could not have been charged. He said the laying of the charge was malicious, vindictive and punitive.

After his arrest, Sergeant Bertrand was placed on half pay leave by the Police Service Commission.

Superintendent of police Cuffy Williams was the investigating officer in the matter.

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46 Comments

  1. Princess Natari
    June 27, 2016

    Finally “a Learned Judge, an Honourable Judge” who can call a spade a spade, who sees through the malicious attempts to bring others down. Bertrand and Gildon I admire your tenacity. Let others be guided. People must learn from this and stand up for their rights. Well done!!!!

  2. DEA
    June 24, 2016

    Congrats nick you out played them , you are one of the few good men that are still standing , I’m proud of you for standing up for what is right. You were well trained in those days when the force was a carrier , now it’s nothing , a brothel house has a better reputation. Mr Carbon along with Mr Cuffy should now step down , they are a bunch of jokes , Carbon don’t have the deminor for a commissioner, and Mr Cuffy is like a bird on a twig ” singing for his benefits.As we all know the force is a political play ground , plus the AG , oh boy I can get words to describe him . These cops will do any thing , to keep the same person that may save his life later , there is no “espue de coir ” no more . Bertrand I’m glad for you , but try your best and get the hell out . God bless you and guide you . Peace..

  3. Ba Yo Bwa
    June 24, 2016

    I don’t know where the road turned, or who turned – the police force or the individuals who serve in it. I know that Officer Bertrand and I served at a time when the integrity of the Police was sans question, by and large. We worked our @@@@ off for the good of country. There was only one consideration when we donned it uniform. Bertrand continues to serve with service to country as his only moral compass. Why the continued persecution of this man, begs deep questioning.

  4. NOT YOUR BUSINESS
    June 24, 2016

    Why did you remove my comment? don\’t I have the right like everyone esle to voice my remarks?

  5. Ex da lawman
    June 24, 2016

    Make them pay big time. Sew everybody involved. This case was pure political. Gildon job well done. He who laugh last, laughs the best. Go get them Gildon. .We no longer have a police force. History will not be kind to these idiots. The longest rope has an end.

  6. June 24, 2016

    That is good new,what is good for the goose is good for the gander…

  7. June 24, 2016

    That is good news because what ever is good for the goose is good for the gander,,

  8. Real dominican
    June 24, 2016

    I am so happy for my sergeant. Keep up doing yr duty. From your fello subordinate.

  9. futuristic
    June 23, 2016

    ”inconsistencies, lies, mischief, and innuendos.”

    He called the case “a malicious manifestation of injustice,” He said the laying of the charge was malicious, vindictive and punitive.”

    They do these things to those they have personal vendettas against , how unprofessional. They had better take note for other cases they intend to handle in a “malicious, punitive and vindictive” manner because the results will be the same. God WILL EXPOSE this evil within that Force.

  10. Pitimpam
    June 23, 2016

    What a calamity : :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :)

  11. Face the Facts
    June 23, 2016

    Pleased that the police officer’s ordeal is over. Take it easy and enjoy your life with peace of mind and happiness.
    I expect the police officer will receive all monies and benefits denied him during the time of his arrest and trial.
    Now, why would a police officer be charged for shooting a man who had a cutlass in his hand? It looks as though it was either the police officer or him. This was to disarm the cutlass-wielding man.
    If I, as a civilian, saw a man with a cutlass I would be scared and try to run for my life.
    People who go about wielding weapons are a menace to society. They need to be put down.
    Do some of you think that the police officer should have shot at the cutlass instead? The gun shot could hit the cutlass, bump on it and hit someone else nearby, even the police officer. Some of you must think.
    Those who lied against him so that he would lose his job, you made a grave mistake. As God looks on and is taking note, your day will come. Be kind!

  12. Gamepro
    June 23, 2016

    Dominicans are the biggest losers in these matters. The officer is now going to sue and the star will have to pay. Yet the incompetitent ones still keep there offices whilst our money pays for these suits. Only in Dominica.

    • Gamepro
      June 23, 2016

      State*

  13. Shameless
    June 23, 2016

    Wow wow wow, Berchy I will take a good must-cover by Dangles in stock farm on your behalf :mrgreen: :mrgreen:
    Partner hold ur head up high because there are few with your dedication and integrity. Let me see what Commish Ortan Carbon will do now. Stay strong bro…I still can’t believe that a man like Coupay would allow the authorizes to terrorize you like that but Jah does not sleep and he hates ugly.

    Always Assertive!

  14. Pigeon Point
    June 23, 2016

    This reminds me of Eddie Ravalliere. I wonder what ever became of his matter. All these cops got the courage to speak out and fight that system from this guy. I know alot of officers are going through hell because of that dirty system and the dirty cops who try hard to fight one another

  15. Shameless
    June 23, 2016

    Wow wow wow, Berchy I will take a good must-cover by Dangles in stock farm on your behalf :mrgreen: :mrgreen:
    Partner hold ur head up high because there are few with your dedication and integrity. . Stay strong bro…I still can’t believe that a man like ……… would allow the authorizes to terrorize you like that but Jah does not sleep and he hates ugly.

    Always Assertive!

  16. Cyril Volney
    June 23, 2016

    Congratulations, Phil.

  17. AA
    June 23, 2016

    Now the attorney general should be fired for dereliction of duty in the civil suit brought by the individual for not defending the state case and letting the state pay money. But then again this country is characterized by incompetence. This happens when decisions are made based on politics rather than the matter at hand. AGAIN I SAY THE AG NEEDS TO BE FIRED …………

    • Face the Facts
      June 23, 2016

      What about the witnesses with their inconsistencies, lies, deceit and innuendos? They should be charged and for wasting the Court’s time.

  18. Shaka Zulu
    June 23, 2016

    Since day one some of us here have been saying the man should never have been tried. DNO has the records. This ” then upheld the “no case submission” and stated that the case was riddled with”inconsistencies, lies, mischief, and innuendos.”
    He called the case “a malicious manifestation of injustice,” stating that Sergeant Bertrand could not have been charged. He said the laying of the charge was malicious, vindictive and punitive.”
    This is what the current government is all about.

    • Face the Facts
      June 23, 2016

      Is it the current government or is the man and his family? First, it is they who pressured the government to bring forth a case against the policeman.

  19. Ackie
    June 23, 2016

    God dont sleep mr Bertrand youmay not be perfect but you are a blessed man and honest, keep the good work and you’ll keep walking with your head high. They just can’t keep a good man down.

  20. What a Shame
    June 23, 2016

    So you see? When the incident at Jewelers International Happened everyone said why not give security guards guns. The police guy was armed with one, his life was on the line but he was charged for using it. “I am giving you a glass of water in case you are thirsty but if you drink it I will punish you. Lol.” 

  21. Engineer
    June 23, 2016

    Hold your horses. Did I read this right?——– (Sergeant Bertrand was arrested and charged for the shooting of Curvin Colaire in Palm Tree, Wesley on November 14, 2013.)

    ———-( Colaire was shot after he attacked the police with a cutlass.). Let me repeat that ( Colaire was shoot ( AFTER HE ATTACKED THE POLICE WITH A CUTLASS?)————- Why would someone want to be a police officer in Dominica if they cant defend myself? This is like telling the public that you can use a cutlass to chop anyone and get away with it. With all the cutlass incidents the Dominican people have seen and heard of recently if that’s the best the court can do, you people better be very careful to not get into any conflict with someone holding a cutlass.

    • Face the Facts
      June 23, 2016

      I also feel the same way. If it is not a cutlass, it is a stone, gun or other weapon.

  22. dissident
    June 23, 2016

    Dat cuffy investigator!
    De public waiting for the results of your investigation into how police evidence of an interview with the minor went viral on Facebook!

    Dat particular video was in police protection since it is part of the evidence!
    NO WORD YET? !!!
    REDEEM YOURSELF!
    LET GO OF THE POLITICIANS SHIRT!
    STOP SHINNING THEIR SHOES!

  23. konnet vive
    June 23, 2016

    I believe this charge was done maliciously. The police force can never run well if there is so much envy and jealousy among its members. God don’t Like ugly.

    • Face the Facts
      June 23, 2016

      The last place this should be found is among those who are to serve and protect.
      If this is so, you will find this in every work establishment. They are not devoid of it. Some create problems for others. They are envious, deceitful and cannot be trusted.

  24. watchdog
    June 23, 2016

    This raises the serious issue of the integrity of the police. If they can do that to one of their own, what wouldn’t they do to an ordinary member of the public who they want to put away. Remember the magistrate’s words were

    “a malicious manifestation of injustice,” stating that Sergeant Bertrand could not have been charged. He said the laying of the charge was malicious, vindictive and punitive”

    Folks. this is scary!!!

    • Shameless
      June 23, 2016

      Yup the Commissioner and investigating officer should be relieved off their duty and a thorough investigation launched. The same thing they did to Vigille and Morgan in the Portsmouth case. They know there is no evidence but being over zealous they arrested them guys and locked them up for how long. The police command should be fired (except the deputy) for malice , Ill will and gross incompetence. That was a serious tongue lashing from a magistrate :twisted: :twisted:

      Always Assertive! :twisted:

  25. rock
    June 23, 2016

    Folish system.. I am sending an advice for the constables who are in this stupid police force… Get out of this incompetent system if all you want something in life.. Doe waste all you time in that foolish incompetent force. that is a force ner.. A foolish lil salary wi

    • Face the Facts
      June 23, 2016

      A country needs a police force. The police force need these men. They just have to operate fairly, think of themselves and treat others as they expect to be treated.

  26. June 23, 2016

    No Brainer. Justice has taken its course. with this madness we have come accustom too. We have the most Bush Lawyers on this plannet, but Ray Charles could have sat on this case, wonton waste of our tax money. Now we can all sat sue the jacket off their Backs,but it comes right back to bleeding our tax money. Only in Dominica!!! when will we learn? Take note those still serving the Public. Yes do your job. The word is Defuse, before Fartigue, and let the chips fall where they may. If you do not like it, leave it! Comrade Betrand, Congratulations, Bro, but who am I to tell you more. In my opinion, I would seek redress from the state, get paid, and get out with your Head Held high. Comrade you love the Force, But the Force does not like you. Been there, done that!!!

  27. Smh
    June 23, 2016

    This officer reminds me of a case of domestic violence..the more the force beats him up the more he comes back for more.

    • may
      June 23, 2016

      You will agree that this time he did the beating

      • Ex da lawman
        June 24, 2016

        Lol.Was about to say the same thing. Like we would say back then, Bertrand gave them a serious fatigue. Let them lick their wounds and stay stuck on stupid. Cuffy should know better unless he was directed to do so,which would not surprise me.What a shame and disgrace.

    • Still waters run deep
      June 23, 2016

      It ever occurred to you maybe this officer is one of the few men who truly loved being a police officer?

      Some public officers genuinely like their jobs you know, surprising as it may seem to you.

    • Princess Natari
      June 27, 2016

      And your point is? He should lay back and take the beating or just leave with his tail in his butt like a lost puppy. He has been doing the right thing all along standing up for HIS RIGHT and not letting the corrupt system ride roughshod over him.

  28. Concern citizen
    June 23, 2016

    I always say that who LAUGH last LAUGH the BEST,

  29. gwensho
    June 23, 2016

    There is some hope in the Court!

    • indira Ghandi
      June 23, 2016

      One day Dominica will be given justice.
      Things must change. There is an appointed time and this time will come. It is on its way.

    • Ex da lawman
      June 24, 2016

      Obiviosly he is an independent thinking Masgistrate who calls it like he see it. They tried to humiliate and embarass him. They were the ones who ended up being humiliated and embarassed in the end.He loves being a cop. He cant be pushed arronnd politically and refuses to do their dirty work. He worked SB for a while so he knows the drill.He should be an example to the other cops who wants to do the right thing but are afraid because of politics. For a while now i get the impression that the police com. dont have their backs.The very same guys he depends on to protect him.I was very proud to serve with Bertrand and Gildon Richards. We were the real.cops because we had real Police Coms. back then Still has good cops in there still.

  30. Lenovo
    June 23, 2016

    Wicked

    My boy, you are one of the few good cops left. If I were you, I would take my pay and leave this stinking, corrupted police force and start your own security service or a training academy for individuals wanting to join the police force, to get them fit and ready.

    Some of those recruits cannot even run down the street after a voleh, far more to run from Morne Bruce to Rockaway.

    • Shaka Zulu
      June 23, 2016

      I understand where you coming from but the good should never give in to the crooked and corruptness. If they do the people will suffer. Somebody has to stay and make it right. We cannot give in. If all the good ones run away it chaos so even when all seems lost the straight minded honest men have to keep on fighting. It is tough but tbat is what it takes. Down but not out!!

    • Face the Facts
      June 23, 2016

      He has the experience. He would do well in that. It would be assisting the new recruits and the youths. He would be his own boss.

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