High court judge, Errol Thomas, has ruled that three persons, who were arrested and charged for alleged money laundering offences and indicted to stand trial in the criminal court, are now free.
Jhawnie Gage, Arah Davis and Edgar Peltier were arrested back in 2010 by officers of the Financial Intelligence Unit (FIU) and brought before a Roseau magistrate.
After reviewing the evidence, then chief magistrate, Evelina Baptiste, (she is now Director of Public Prosecutions) committed all three to stand trial at the 2013 September criminal assizes on charges of money laundering.
However, the three sought leave to apply for a judicial review.
Upon the granting of such leave, they then asked the court for an order of certiorari to move into the Supreme Court and quash the the decision of the chief magistrate.
In law, a certiorari is a writ issued by a superior court for the reexamination of an action of a lower court.
The certiorari declared that the said decision of the magistrate was unlawful, null and void and of no effect and asked for an order dismissing the charges of money laundering brought against the three accused.
In his ruling, Justice Thomas granted the order of certiorari and ruled that the decision of the magistrate is “null and void” and that all the charges against the claimants are dismissed. He made no order to cost.
It now means that the criminal charge of money laundering against all three has been dismissed.
The matter goes back to 2010 when Gage and Peltier were arrested for allegedly engaging in money laundering at Shawford Estate through certain properties which the police said were the proceeds of crime.
According to the charge, the offence occurred between June 30, 2007 and June 30 2010.
Some of the items in question included a concrete house with a built-in Jacuzzi, land, several boats, a Hummer SUV registration PN 999, several flat screen televisions, an electricity generator, jewelry, kitchen appliances and home furniture, motorcycles and six surveillance cameras, all found in a house in Shawford.
In July, 2010 Davis had come to the court to secure bail for her son, Gage but was detained outside the courthouse and taken into custody. She too was slapped with money laundering charges.
David Bruney represented Edgar Peltier while Douglas Mendes SC and Gina Dyer Munro represented Jhawnie and Gage.
Gilbert Peterson SC and Pearl D. Williams represented the chief magistrate.
Congrats to the young men on regaining their full freedom and peace of mind. Too many people wish ill upon each other out of jealousy over material things. (Their concern is about his money, why does he have so much) Many of those outspoken wishing bad for you all have been silenced. For now at least.
Big up boss man…. w’ere backkkkkk….. #gully
I need some advice from these young entrepreneurs. I have been working for the State for over 3 decades and I have nothing, will die paying a mortage I took 29 years ago and I cannot finish pay. Right now my take home pay as a public servant cannot take me home.
At the end of the day we can’t be mad as long as it wasn’t theft that gave mashie his wealth. Dominicans can’t expect everyone to be the same. One life to live nou konnet vive!
Who and what was it that gave him his wealth? Are you part and parcel of it and stand to gain some of it?
Sa fete!! All you can say what all you want about them man but you all can’t change the fact they are free. Let the Creator be their judge now. Bless up Mashie.
Commence feeling sorry for them for when the Creator will judge them. No blessing for them. They can run but they cannot hide. They should start quaking in their boots for they will not get away from the Creator, our God.
The crime continue under the leadership of SKERRIT.NO FEAR GOD WILL TAKE BY DOMINICA.
What about charging those lawyers for not verifying where their clients get money to hire big gun lawyers.
There are laws preThe banks
I s lawyer
Well stated. Remember I sided with you this time.
They must have got the money from somewhere. This, too, is grounds for suspicion.
I wonder if the missing keys had a part to play in that case boy?
I’m also thinking along the same lines. Soon after the disappearance the case was dismissed
I want to be a government lawyer, the prosecution and the DPP’s position.
The question and the proof should be, where did they get those items?
If they had an income, could it sufficiently accommodate those purchases of the items?
Did they borrow money from financial institutions to purchase those items?
If not, those items were definitely procured from the proceeds of crimes.
Government, DPP this case should be re-tried.
Judicial Court, I believe you were taken for a ride. This means, you were deceived.
Based on this case, my instinct informs me that those who are convicted of money laundering and who are cleared are dishonest. I reiterate, this applies to their attorneys.
Or, did they borrow money from someone or some people to purchase those items including for also building a house and furnishing it with those items?
Receipts, certificate of proof, as also date, month and year of loans are absolutely necessary to prove that they were honestly procured.
They should not have been cleared without providing those important and necessary documents.
How much did it cost the state????
The way I see justice would dictate that if you jail these people for not being able to prove their wealth then the same treatment must apply to those corrupt politicians like those with millions hidden in the Cayman Islands, $8 Million Villas etc. But if we play blind to the politicians why then can I even say it is right to prosecute drug dealers for money laundering.
As far as government apologists are concerned et lawlessness reign.
everything is money
Hello people. stop throwing stones. the policemen need to do their job right. not only looking to disgrace and humiliate people’s character for praises. If one does not hold a job does it always have to be all about drugs. THERE MAYBE SOME OTHER SOURCE OF INCOME AS FAMILY HELP ABROAD OR IN A CASE OF WOMEN SLEEPIN AROUND. So please before judgin someone get the facts right besides some of the items stated which was seized was definitely not owned by him. In your family close or far may have someone who’s doing bad.
these guys should tell the court by what means they are able to accumulate all that wealth.but on the other hand the hands of the court are tied because the guys putting everything they have on other people name so they wont have to say how and by what means they become soooooooooooo rich.but i have a message for those guys who just believe they can hurt and distroy our young generation and get away with it, that there is a god and he never sleeps their time MUST come.thats why when i hear the kill them like dogs on the street i never feel sorry.as far as am concerned is just one less head on the street
bla bla bla. Haters gona hate.
One thing I know, our God is not a member of the Dominica Police Force, nor the legal fraternity. He does not sleep.
I would like if the Dyer Firm would take Mr Emanual’s case . As God fearing members of that Firm do some charitable work. Please people do something for Humanity.
The question about the wealth of jobs of the accused can be asked of theP.M.
how come i cannot get on d bobol list non?
DNO, I was reliably informed that a certain captain fired the teams vice captain, for being involved in money laundering. Then the vice captain since he knew how deeply involved in money laundering the present team captain is, said “no way boss, if you fire me I will speak out and tell the world what I know about you and that will kill the entire team.” It got so nasty that the entire management got involved and tried to convince the vice captain to take one for the team and step down with a good payout package. The vice captain said, “Hell no!.” The team captain needs to step down so I could become the captain. After they failed to convince him, team manager who has law in his background said, guys, let’s all take one for the team and compromise with the vice captain because if he speaks out all of us, captain, players and management will be investigated and all secrets including an event that took place on Christmas morning of 2010 will be revealed. To that they all agreed and vice captain was reinstated and was given more power to keep him happy. So I understand why the three above were cleared of money laundering.
Bribery all around you mean, to hide evidence and avoid conviction? One day they will pay for their crimes and lies. Life is short/temporary. Nothing lasts forever. Watch them as they grow older and how they will grow older, if they live that long.
God is good, all-knowing and patient! People’s sins/crimes have a way of getting back at them and repaying them for what they have done in this life and in the netherworld. Time and eternity will take care of them. They never escape Scot Free, not in the eyes of God. He knows all about them, what they have done, the lies they have told including their attorneys and how they procured the items.
As difficult as this verdict is to accept: “Patience everyone!”
This is another reason why Our Lord Jesus Christ said, “Vengeance is mine. I will repay!
In the Book of Revelation: “Let the good still do good and the wicked continue in their wickedness.” All will receive their just recompense as each one deserves. Thanks be to our just and impartial God!
I luv my pm for making Dominica so!
Not a single contributor has dealt with the real issue here. In order to proceed with the charge one of the fundamental requirement is that the prosecution must prove that the items seized were obtained from the proceeds of crime.
The prosecution has failed to show that essential element. One can do like many bloggers on DNO and speculate that it was from drug dealing but where is the evidence. You can convict a person on DNO without evidence but not in a court of law
Then this is hugely embarrassing for the current DPP. She was the attending Chief Magistrate who committed the Defendants to stand trial. She failed to single out what crime the proceeds were derived therefrom. If these individuals had not have the resources to challenge the Order the DPP would sit back and let one her juniors embarrass themselves while the case fall flat.
Then it raises the issue of the incompetence of our police. Dominica is possibly the only place in the world where people are so readily arrested and charged before a proper investigation is made. These lazy and incompetent bunch do not take time to investigate. They are quick to arrest to grab the headline.
If police have info they must work out a strategy to obtain credible evidence to support their case. No need to rush. People with a hugh stake and wealth are not running any where. The police MUST TAKE THEIR TIME AND DO A PROPER JOB.
The Police is mainly responsible for this embarrassment !!!!
No where in the article that it is said that there was no or not enough evidence.
The problem is not with the DPP’s office but with the proceeds of crime act itself. It is also a reflection of he government which has attorney general who has no clue and is unable to provide proper legal advice except to talk about a doctrine of necessity which doesn’t exist.
Really Fish and Sout MAN ? I guess that is really comforting to all the guys who are not working and are yet to pass thirty and are blinging with wealth some of us work a life time and half to dream to have… I guess thats why people who invest in crab hunting will build villa’s and those who invest in other things without being a registered company, not paying taxes can build homes, and have assets those of us can only dream of – but go ahead hide behind technicalities the almighty judge knows it all – and we shall pay one day.
Do the police authorities not know how to properly investigate them? Wire tap; phone tap; cellular and other such phones should have been tapped.
Let me further inform you, this is how the US and Canada are able to track them, their conversations and their dealings. A year or so ago many were arrested in Toronto. Their guns, ammunition and exorbitant sums of money were confiscated as shown on TV.
It is high time that the D/ca Police authorities utilize a different strategy to catch those people. They cannot catch them otherwise.
Imagine, sometime ago the Police saw illegal drugs. Instead of them keeping the area under surveillance so that when the drug dealers came to pick it up, they could be arrested, the police took away the drugs. That was the height of stupidity. They lack training.
what job does that guy hold in dominica to have all that wealth
Eight hours per day jobs do not create wealth; investments do. You can’t arrest people and cease their property based on suspicion. You need evidence to prove their guilt instead of having them prove their innocence.
ERROR: Seize not “cease”.
Money can be the root of all evil. They cannot serve God and love money. In the end they will lose it all. For now, let them wallow in their acquittal and so-called riches. It will not last forever. Something will give.
As Our Lord said: “What will it profit a man to gain the whole world and suffer the loss of his soul?”
Rub it in and let them know that. Their souls are at stake.
As for their defense attorneys, those who were instrumental in their acquittal. God will take care of them as well. This is the consolation which everyone must hold dear and cherish, thanks be to God.
FREE US FREE US
Congratulations to the gangsters and Drug Lords in Dominica. We have become the land of no justice and do as you please. Keep up the good work fellas.
No lawno judge ,police nor Magistrate can stop them they are free too free lol heaven help DA. No wonder the cops want their share of the laundering $.They must besaying police Evalina go to hell go tohell where we get our money TVs Hummer etc is none of ur damn business.
I’m coming home to commit my crimes. You can commit any crimes in Dominica, including murder and set free. It’s time for me to turn a new leaf and become the biggest gangster in Dominica. Let me launder all my ill gotten gains.
hmmm
Wow, all I can say is wow!!!!!!
I am so happy for all three of the accused , its has been a trying four years of your life. Only God knows, sometimes your smiles are the hurt you are feeling inside but why cry when there are no one to dry your tears. May god bless you , guide you and keep you out of harms way
You are even mentioning God’s name in this, if God would have to come in this , I think hell fire and bream stones would fall on them.
why not mention God? Same bible you read is the same one everyone else reads. Are you saying these men shouldnt be God fearing? You seem to know God better than most, almost like he told you that “bream” stone n hell fire would come down. You dont know anything except what you think which is just your opinion. you nor i can speak for God. Stop wishing and thinking bad for others. Wish the young men well. wish for them to do good for themselves and communities and families. you sound like a hateful christian, which is an oxymoron in itself. Cus Christ wasnt hateful.
God is in control and he is stronger than the devil Prayer can move mountains
God hears all prayers, and God’s justice may be slow but it eventually comes, and we all get what we deserve before we die. I am just patiently looking on for when that day comes.
For real!
Well Dominica is truly taking a soft side on criminality.
The justice system is unbelievable.
Drugs and money washing can never stop
So the question is still unanswered…. where did the money come from to acquire all this wealth
where did the pm and other ministers get all that money from?
they are all corrupt.
At least they get a monthly income and much more than probably any D/can resident. Therefore, you know where they got their money. But when people who may not be employed or only get a minimal income, it is questionable where they got the money from, how they could be so rich, have a house and furnish it with also many television sets. This should be your concern. Even the financial institutions should be suspicious and question it when they conduct business with them.
These men are the real criminals and corrupt ones who also contaminate the minds/lives of the youths in D/ca. Others who are their relatives and friends are benefiting from it which is aiding and abetting. Do not tell me/us that they are not aware of the shady dealings of those men.
Pray for Dominica. Pray for the youths.
Man just worry about your own pocket. A man who worries about how much money another man has in his pocket isnt a man at all. Thats a feminine tendency.
If it is suspicious, he has reason. Those men, for their young age, appear to be richer than even those who own businesses in D/ca for years. Surely they did not inherit the money from relatives who willed it to them.
This is why they should not have been acquitted. This investigation was not properly conducted including the Court case. They should have been sent to prison for some years and their so-called assets confiscated. I hope it is not too late for this to happen. God is good!!!
Only God can judge u bossman .. Jah that guiding . Blue pour la vie !!!!!!!!!
Hmmm, really. No comment. Guess the defendants’ lawyers did their homework with extreme due diligence. Wish the Gon Emmanuel case versus Steven Isidore would get its share hearing in the courts, even though the Public knows who’s the mastermind and responsible based on probable cause. Time is running out eh.
Bosss all those case files missing
Why does it take four years to reach this verdict????
But wait a minute. wasn’t there a current government minister that was in the company of a convicted money launderer at the time of arrest? Was he not fired by the government when it was alleged that the only reason why he was not arrested was because he had a diplomatic passport? Didn’t a certain prolific attorney say on national radio that “He knew, he knew, he knew”? Is he still a minister? If yes, then why the police arresting people for money laundering nou? I mean if he was fired and now reinstated isn’t that proof that there is nothing wrong with money laundering? No name calling DNO. Just simply asking pertinent questions
I support Justice Thomas here because it is unfair to charge these three men for money laundering while other big boys that are suspected of money laundering are not even being questioned by the police. Since money is describe as the process by which criminals disguise the original ownership and control of the proceeds of criminal conduct, then what about questioning persons for things like mansions all over the place, villas, land all over Dominica, backhoes and other heavy equipments registered on names of friends, boats, buses and other expensive things registered on the names of other persons. After all, we know their salary and we know they cannot balance out, why not investigate them so others could learn?
The boss Is back
We need to change the name of the country to Columinica.
Then who will be P.M a drug lord or the same one we have now a pirate?
….!We got to go back to the drawing board and seriously examined our judicial process. Defendants arrested in 2010. Case dismissed in 2014! Justice delayed, is justice denied. There`s more to come. We need a symposium to look into all aspects of our persecutory operation. Talk about operating in the 60s/? We just not ready. Lord help us!!!!!
like a symposium isnt 60’s talk.. lol. A Symposium they said.
you 30 years and have all that wealth. Gimme a break
so because he young so he cannot be wealthy? oh please is not oneset
Yeah but how did he attain such wealth? Where has he worked, what did he inherit? The figures do not add up.
so what is his occupation?or did he win the lotto?how did he accumulate all that wealth
Money god and him we good friends wnd they cut a deal like someone we know. LMAO
Good. The police are haters. They jealous
money talks
Payback !!!!!!
so let me get this straight, someone’s mother comes to secure bail on their behalf (which any mother would do) and is arrested and charged. On what grounds was the woman arrested? What were the circumstances for the charges brought against her? were any of the assets mentioned in her name? and if yes why was she not arrested before? sounds like some over excited police officers to me.
God i pray you destroy Dominica, these people are EVIL.
With all that property that was involved and later all these lawyers to represent them, one has to wonder where all this money came from for all these assets and legal representation.
I smell a fish that has been in the sun for a couple days.
Like one of our political leaders, the police in Dominica are sometimes too fast to act or accuse without evidence. Before you make an arrest, ensure that you have concrete evident to present to the court. The law does not allow one to be convicted without sufficient evidence. Don’t put the cart before the horse officers.
justice system at its best. All I will ask the judge is, what was the reason for rendering the lower courts’ magistrate decision null?
I can see some policemen taking a toast right now.
I have no confidence in our police to get anything right. A bunch of idiots. Dominica is the place to committee such offenses and get away with it. Some of those officers cannot pass a 5 the grade math test but they investigating financial crime. As for our prosecutors. When will we realize our society is all messed up?
Wow, that’s all I have to say.
guess its time to sue…don’t play with dem…
Ghetto youts haffi make it!
Where am from the dope boy are the rock stars but they can’t cop cars without seeing cop cars…Guess they want us all behind bars