A Campbell man, Andy Esprit, is now free of charges in connection with the tragic death of Kurt Matthew, a former chief engineer at the State-owned DBS radio, as the Director of Public Prosecution (DPP), Sherma Dalrymple, has discontinued the case against him.
On January 16, 2024, Esprit pleaded not guilty to an indictment of Causing Death by Dangerous Driving during his arraignment at the High Court. The incident dates back to Sunday, November 26, 2017, when Matthew, aged 48, sustained fatal injuries in a motor vehicle accident on the E.O. Leblanc Highway in Canefield.
According to the police, at around 9:15 p.m. motor vehicle registration number HE213, driven by Esprit, was traveling in a northerly direction when it hit Matthew whilst he was boarding another vehicle he had in his custody. Matthew sustained multiple injuries and was taken to the Accident and Emergency Department of the then Princess Margaret Hospital; however, hours later, he succumbed to his injuries and was pronounced dead by a medical doctor.
Following the tragic incident, and after numerous pleas from the deceased family for the person responsible for his death to face charges, three years later, in December 2020, Esprit was charged. Following the Preliminary Inquiry at the Magistrate’s Court, he was then committed for trial at the High Court. However, one week following his not-guilty plea, Esprit returned to Court for trial but the DPP informed High Court Judge Justice Colin Williams, of the notice of discontinuance filed in the matter against the accused.
Whilst the DPP is not mandated to give a reason for her decision, she told the Court that evidence in the matter does not support the charge preferred against Esprit, and in the interest of justice, the State is discontinuing the case. Attorney-at-law Wayne Norde who represented Esprit had no objection to the discontinuance of the matter.
Meanwhile, the State has also discontinued the case against a Salisbury man, charged with possession of goods chargeable with duty which has not been paid. It was alleged that on May 14, 2020, at Salisury, Kenvick Victor did knowingly acquire possession of one Hi-Point 40SW-B semi-automatic 40 Smith and Wesson pistol which is chargeable with duty which has not been paid, with intent to defraud the revenue of the customs department.
The accused pleaded not guilty to the charge on January 22, 2024, and trial was also scheduled for this case later that week with the state intending to call five witnesses during the intended five-day trial. However, on the date set for trial, the DPP informed the Court of the notice of discontinuance filed in the case. According to her, based on the deposition, the case fell short of one of the critical pieces of evidence. Victor was also represented by defense counsel Norde.
In addressing the jurors present at Court, His Lordship, Justice Williams emphasized that the law unequivocally grants the DPP the authority to discontinue a matter at any stage of the proceeding. This power he stated is exercised as custodians of justice, and they are duty-bound to carefully evaluate the evidence and make decisions accordingly. He reiterated that the DPP has “wisely”–though not obligated to–disclosed the reasons for discontinuing the matter, underscoring the discretionary nature of their role in upholding the principles of justice.
The DPP does not investigate criminal matters The police investigates criminal matters,a case file is then sent to the DPP for advice and directives.If there is insufficient evidence to find the accused guilty without a reasonable doubt the DPP has no choice but to discontinue the case.It makes no sense to take a criminal matter to court and the DPP know,based on the evidence or lack of the accused will be found not guilty.It is not like the witch-hunt UWP had against Skerrit in the dual citizenship matter in which their(UWP)case was thrown in the garbage pail.Sorry for Kurt and family but that is the way it is,no evidence no case.Sometimes their is evidence but,based on a technicality the case is thrown out the door.The main ingredient in every case is evidence that must be presented to the court,direct or circumstantial.Jessica is right,unlike those blue aholes playing politics.Ole police should educate the public on court matters.
so if it doesn’t have enough evidence to support the case then how is it the dpp fault. ? when people don’t have any common sense eh. the dpp that was investigating the case man.
Where’s Vivian Hussey on this one? Hypocrite. Be honorable and let’s hear what you have to say! You moo moo? Birds of a feather. This DPP filth is up in your nose, let’s hear you sneeze. I guess you are congested. God is not a man. No wonder you post your full name because you want the rebel to hear you singing his tune. I guess you are not all that “upright.”
Gong on seven (7) years with multiple millions have already been extracted from the government coffers, the DPP is adamant on continuing the bogus charges concocted against the members of the hierarchy of the main political opposition party.
The justice system in Dominica is being misused as a mechanism to intimidate, punish and terrorize any perceived opposition to the Roosevelt’s tyrannical kakistocracy.
I think that the job of that DPP is to discontinue cases.
DPP – Dominica variant: Delinquent Pathetic Pariah
Unbelievable!!..but, then again, we’ve been “programmed” to just accept everything through this unrelenting onslaught against the “shee-ple” by those entrusted to take care of them..
Six (6) years to get justice for a man like Kurt Mathew?..
And then you turn around and add insult to injury by saying “nothing to see here”..when we all know that Kurt died as a result of the defendant’s careless driving?..
It’s painful living in this beautiful, God-blessed island.
Things could be so much better..if only we had people “in power” who actually cared about the future of our country.
Kurt….your memory will live on….but that’s how it is….dead man tells no tale….sad…sad…there’s no no justice in real life far less for dead… but …see how earthly DPP doing? RIP RIP
Tell me something, does the DPP exist to discontinue matter? Where is the justice in this country…stupes tan.
The discontinuance of these two cases and the many others before is due to the unmitigated ineptness of the police and the office of the DPP. Gross incompetence has dogged the judicial system, the public service and the entire Roosevelt led kleptocracy.
So many defendants are escaping prosecution. I hope this does not lead to vigilante justice. This country is teeming with troubles and worriment.
Dominica can never solve its problems with the same government that created them. It’s now time we discard Roosevelt and his opportunistic sycophants eternally from the political landscape of Dominica.
Too much power is vested in the DPP, especually in small countries where “everybody knows everybody.”! This law should be changed. Will the same thing happen, when for one reason or the other, the DPP does not like the accused?
The government should have no business in the appointment of the DPP. Government appointees are mostly tainted with political bias with an eagerness to appease the power that be to retain their positions.
It has been quite pellucid that the Dominica justice system is not independent. It is subordinate to the cabinet comprised of rogues and law breakers.
When is the Thompson Fontaine matter going to be discontinued?
The DPP has to throw out the charges against Lennox..Eddison.. Fontaine and whoever. This has been going on for too long with no evidence and no reason. Too much unfairness.