High Court Judge, Justice Errol Thomas, has reserved his decision in the judicial review case against five police officers.
The officers have challenged the decision of the Director of Public Prosecutions (DPP) to institute a charge of murder against them in relation to the death of Joshua Etienne of Portsmouth.
The police officers Hayden Morgan, Gemma Louis, Martin Seaman, Delvin Challenger and Olan Vigille, through their battery of lawyers led by Lennox Lawrence, are contending that there were procedural irregularities in the case and are asking the court to have it dismissed.
Tamika Hyacinth, who led the State’s case, asked the court to “strike out” the amended fixed claim form of the claimants. She told the court that “a person applying for judicial review” must obtain leave through the court and there were requirements to be met which included the grounds on which the application is being made. This, she explained was because the court serves as a “filter” in order to ensure that cases are dealt with justly.
“The court is the gate keeper and must adhere to the instructions granted by the court otherwise, it defeats the whole purpose,” she argued.
In challenging the amended fixed claim form, she told the court that the claimants made no claims or allegations of “bias or bad faith on the part of the DPP” yet they were challenging her decision to institute the charge of murder.
“There are no allegations of bad faith or bias on the part of the DPP. Also, they have made allegations against the Coroner in the affidavits and yet he is not a party to the proceedings. They are also claiming breach of constitutional provisions but nowhere is the AG joint as a party to the proceedings,” Hyacinth said. She asked, “Which arms of government are impinging of their constitutional rights or provisions?”
But in response, Lawrence claimed that the defendants made a “fundamental error” when they failed to appeal against the decision of Justice Thomas.
“The court said that there is a realistic chance of (us) the claimants succeeding; they did not challenge that and so their application to strike out is without merit. This matter should go to trial; it’s an abuse of the process. Their application to strike out should be struck out,” he said.
Lawrence also spoke of the decision of the DPP to issue instructions for the police officers to be charged. This provoked a number of questions from the judge, one of which concerned the power of the DPP under the constitution to institute and or discontinue any criminal matter.
“The question is, can you stop the DPP from prosecuting…and was her action ultra vires,” Justice Thomas asked.
Justice Thomas, after hearing arguments, said he will give his decision soonest. He also reminded the media to be cautious in how they report on the matter since it is still under consideration by the court.
In my view-I belief that Judicail review is a very optimistic and democratic way to allow citizens to get a fair and natural solution to a decision made by an administrative person or body that the individual doesnt agree with.
Keep the faith-Police Officers
Well I don’t blame them; you had a head of the country say no law or constitution can stop him, so his followers are now following suite. What’s keeping them from being charged, God alone that know
Be truthful about what the head of the country said. Repeat it word for word and the meaning you ascribe to it says that you did not get very far with your education in the English Language or its just that you are deliberately deceptive.
Let it be known that the general public, especially civillians have ZREO tolerance toward POLICE BRUTALITY!!!
boy these people are not above the law why all the lele
Here we go again, another GON Emanuel. I am not surprised. That is Dominica at its best.
OMG how long is this going to take a small country as Dominica have to spend all that money on one case back and forth for months this is a joke. His family must have patience and don’t give up all this nonsense is to frustrate the family
Judical review aside……………..actual cause of death should now have been reported/available……….what the hold up with that.
Jah jah jah we go see how this turns out
This is nothing but unfortunate legal gymnastics- At issue here is that a man was killed while in police custody.- Period. It could be my father or your brother or uncle.