He has been held up by some as THE magistrate who made a difference by getting tough on crime.
And there have been calls on some of the local talks shows to “bring back Behanzin” as violent crime including attacks on visitors escalate in the nature isle.
The former magistrate himself, Tiyani Behanzin, remains outspoken on issues of national interest including crime, and has suggested that the king pins behind the illegal drug trade are having a field day when the authorities should be clamping down on these drug barons and their illicit activity.
However Behanzin is now himself under the microscope, with some in the legal fraternity suggesting that he failed to efficiently undertake some of the duties he should have fulfilled, especially as this relates to appeals cases.
According to Journalist Carlisle Jno Baptiste, there was concern expressed at the recent sitting of the OECS Supreme Court (appeals court) that Behanzin had not prepared or filed the necessary evidential transcripts after his trial and has never given reason (s) for his sentencing as is required by law.
In a radio talk show confrontation between the two, the former magistrate denounced the claim and accused the journalist of being a stooge of those intent on discrediting him.
However the claim by Jno Baptiste appears to have some merit, as far as Director of Public Prosecutions (DPP) Gene Pestaina is concerned.
While not wanting to be drawn into the exchange between journalist and former magistrate, Pestaina told Dominica News Online that “a magistrate under law must give his decisions in writing under law within 14 days”.
Pestaina said his office needs the transcript in a timely manner to carry out its prosecution duties.
“He (Behanzin) has breached every regulation and every statutory regulation in the Magistrate Code of procedures. I have said so on three occasions,” the DPP told DNO.
“We have picked up various appeals and try to make it work even with the various irregularities. No transcripts, and salvaged quite a few without the transcripts of the magistrate. We were on slippery grounds in every case. ….very embarrassing,” DPP Pestaina said.
Attorney at law Wayne Norde who once worked in the DPP’s Chambers, had earlier also criticized former magistrate Behanzin.
“Since working at the DPP’s we have never gotten any written reason (s) from Tiyani Behanzin for his sentencing as was required by law,” Norde told a local radio talk show.
“He has never filed any transcript as is required by law for his decisions…..his sentencing were all above what was required by law and were all set aside by the court of appeal,” a few other legal practitioners have been quoted as saying.
Behanzin’s tenure as a magistrate has been controversial, with some of his critics claiming that his stint on the bench was characterized by “unlawfully harsh sentencing, successful appeals, and public criticism by the Dominican legal fraternity which culminated with an inquiry into possible misconduct”.
DNO has been trying to reach the former magistrate to get his side of the story, and will continue to do so.
When Freedom swept the Polls all kind of boom boom roll, it was like carnival, Mama look bacchanal. I said would have a bright economy, private sector will invest legally but to my surprise nothing materialized like hell I criticized.
So they say I am this, they say I am that. They say I am shoe, they say I am hat. Before freedom come, they were scared of John now their party won not a damn thing is done! that’s Why when we meet, all I do is smile and say Hi! Hippocrite!!!
Dominica has too much HIP _PAC _CRESY, too much Two _Faced persons who take the populace for Arses and the masses allow and accept it. We have a Dolly house government because we have a Dolly house population, plain and simple. All we do is chat like Jaco and nothing happens. In the Virgin Islands they say all we are is ignorant and plant bananas (I put words on them to go and come ) but talking between us, there are attitudes that needs to change. The country makes one step forward, fifty backwards. Development is not nice roads, big houses etc that’s added bonus because we are perceived to be developed.
Some of us portray ourselves like we were educated in a latrine. We are BETTER than that, we have the capabilities to be logical, rational and responsible.
You mean to tell me only now the state (people ) representative comes and talk about missing this and that and want to take personal swipe by saying Robert Douglas now Tiyani Behanzin is not a qualified lawyer and he don’t want to talk? This is not about you? It is state business.
Dominicans talk so much, leaks everywhere about what transpired and now political hack cruising as journalist coming with a prepared agenda on radio to confront TB? Where is your decorum my man? The burden of proof is on you and those that send you. Only now you know he thinks he’s a little god? Is not only one set to act like little god, DA does not belong to all you.
When his contract was not extended the belief was he would leave, you think? He will die first before he leaves. Everybody just running away and when they land they vomiting, TB throwing up here, there and now. Where is the notorious bar association? they get position so no more press conference?
Before I conclude let me tell some of those persons that come on here to drop hints, you think you know something? There are those of us that know too, Robert Tiyani Douglas Behanzin did not sleep with nobody to have what he have and I will put my house for sale, I will withdraw my 401k and my savings to support Tiyani,so bring it on. Mr or Miss administrator I would appreciate it if you would post my comments. Thank you.
i cant understant why we protect criminals .. send the criminals to jail at maximum period… the man was just doing his job.
Lol! “Doing his job?” Are you for real?
I do not quite sure I know what to make of this Behanzin story. There are still too many unknowns and unanswered questions. I await more answers.
To DNO:
Why didn’t you carry a story on Behanzin’s “lecturer”? Didn’t you find anything news worthy? If not what makes Carlisle’s accusations so news worthy? Thank you, nevertheless for breaking your silence.
To Carlisle:
Why are you so emotional brother? Like my Parl. Rep would say, Calm down. You don’t have to attack the man to do your work as a “professional” journalist.
Why have you made the story about you? Learn from Matt. As a journalist you ask questions, do the investigation and let your audience/readers come to their conclusion.
Why couldn’t you simply raise the questions- which by the way, I do believe are legitimate? Kudos to you for raising them. However, I question your motive Carlisle, in the manner in which you have broken the story and made the accusation. You seem to be too comfortable being the accuser rather than simply being the reporter. You still have a lot to learn as a journalist.
To Behanzin:
We respect you Sir. But the issues being raised are legitimate. If you wish to maintain the respect of the public- answer the questions and be professional in doing so promptly and truthfully. We love you brother but we really want to know. Forget the froth and the long rants that you call a lecture. Just answer the questions directly whether or not you think Carlisle is a stooge. We know that a magistrate must make a record of all evidentiary proceedings. So,
Did you takes these Notes and make record of your reasons for your decisions? If you didn’t, weren’t you aware or concerned that this is a breach of procedure?
What did you do with these recordings? Where are the transcripts?
Why did you not submit them? If you did to whom and when?
We remain seriously concern about the allegations that you allegedly sentenced accused more than the law prescribes and that you have failed to comply with the magistrate code of procedure. But we are not prepared to attack your competence, skill, intelligence or knowledge.. In fact, we want to defend you from the ferocious and inevitable attacks
To the Office of the DPP:
Thanks for breaking your silence. It’s nice to know that our DPP office has a voice. You claim you are so concerned about justice, and you have been requesting the Notes of evidence for a while but without success, why did you have the matter dealt with on appeal at this juncture? What was the rush? Could you have waited until you have all you needed, including the appropriate Notes of evidence and reasons for the decisions?
Is there a specific statutory timeframe within which such appeals must be filed and determined or within which these Notes must be produced?
Did the DPP office make attempts to contact Behanzin directly in writing on the subject?
You say that the DPP’s office has never gotten any written reason (s) from Behanzin for his sentencing as was required by law. Have you specifically requested it from him through the respective line of authority including through the Chief Magistrate office, considering that this has been your concern for many months?
What has been Behanzin’s response to your many requests?
Please advise what the law expects by use of the expression “in writing”. Does that mean a magistrate must take and present notes in the old-fashion way recorded with a pen on paper or has our law evolved to give a broader meaning to the term to include advancement in technology allowing the use of stenographers or other mechanical recording devices -typewriter, computer or any written form?
If you claim that the Notes were filed in one case on the morning of the hearing, why didn’t your office file a Motion to have the matter deferred to allow the court, the prosecution and the defense time to studying the documents?
To date I am unable to make sense of the DPP’s statement that he does not wish to address the allegations of the former magistrate as this would bring his office in disrepute because Behanzin is not yet a registered lawyer who has been called to the Bar. I dear say that the issue at hand is not about the personal status of Behanzi- Mr. DPP. It is about the work, conduct of a former magistrate, whose decision the DPP is asked to defend on behalf of the state. Let’s not make this personal
To the Registrar of the Court:
Why were these cases rushed to the Court of Appeal? It is strange that such cases can be heard so quickly but more important constitutional matters are stalled in the system. If the State was not prepared due to alleged lack of Notes of evidence, why was the case schedule for hearing? Couldn’t these cases be deferred to a later date when Behanzin could have provided the DPP with all the required information?
To the Chief Magistrate:
Were you not responsible for the overall supervision of the work and conduct of the magistrates under your supervision?
Have you ever addressed the concerns of the DPP and others of the alleged lack of or untimely submission by Behanzin of Notes of evidence and//or reasons for decisions? If you did what action(s) did you take in that regard in addressing these concerns and ensuring that they did not happen in future? How could you have allowed a single magistrate to bring the magistracy in such disrepute?
What was your level of supervision over this junior magistrate?
How did you allow him to violate the statutory regulation in the Magistrate Code of procedures?
Do you provide stenographers or other mechanical recording devices to magistrates to preserve their proceedings?
To the General Public:
It is rather unfair to say that Behanzin was unqualified and lacked the necessary qualifications and standing to be a magistrate. Many magistrates have been less qualified, experienced and skilled. The truth is, I was not very impressed with Behanzin’s lecture in terms of contents, style of delivery and length. .I found him a notch below the level of professionalism expected. He seemed to have been on a mission to attack through a self-righteous rant in search of public sympathy and personal exoneration. But I do find it strange that someone who speaks out loudly about rampant injustice in Dominica would knowingly violate the law to allow the very criminals that he condemn to be set free on appeal.. Something is not right!
Clearly Behanzin is under personal and professional attack. He is being persecuted but he should have expected that and be prepared to deal with it when it comes. When a system is challenged, it gets back at you with a raging force and this is no different. Behanzin is not our enemy in Dominica. The young man means well, albeit he has his own flaws. The problems that we face are real. It does not matter how loud Carlisle screams.
Now, if you have taken the time to read this lengthy contribution, you must give it a thumb’s up. Thanks
Not bad, Roseau Valley. Not bad at all.
This country is full of jokes. Why would the DPP office allow the cases to go to the appeals court if they knew that the transcript of the cases were not filed? There are cases waiting for years which cannot be heard, why rush those? The office of the registrar and the DPP office I would want to believe are working hand in hand. There are more questions than answers, book, no book it is clear that something is not right here.YOU ALL NEED TO STOP PLAYING GAMES WITH THE PEOPLE.
Wow. You are a genius. When a person files an appeal the DPPs office has no say in stopping or allowing it to go forward. That’s not law. That’s common sense. What would that be for democracy if the DPPs office determined what goes to appeal and what does not?
That is a legal no no.
Come on – people supporting that Behanzin was tough on crime…but ask yourself, how many of his decisions were overturned and the criminals are back in public… then we blame the system.
Well, the system is the judges who fail to comply with the laws they are trying to uphold and in turn the criminals because of unfairness get to remain outside.
if he does what he is supposed to do within the law then perhaps things would have been different.
we can’t blame anyoen for the scrutiny that he is under, but himself!
he is held to a higher standard because he has to uphold his profession.
That’s just pure misconduct
do yourself a favor and listen to Tiyani’s 3 hour lecture so you can be more clear on these “overturned” matters.
This country is in an utter state of disrepute. My, my, my!
Wait a second! So….he failed to provide the transcripts on more than one occasion and the DPP did what? Nothing?!
“We were on slippery grounds on every case…very embarrassing” and yet we did nothing….allowed him to continue working and now talk about it as if HE was the only person at fault? The DPP is as much at fault here for not clamping down on any missteps Mr. Behanzin made. It’s funny that no one is holding the office accountable for their part in this “problem”. Then again…who oversees the DPP?
Well you should know that the DPP could not remove Behanzin from his post…Behanzin was appointed by the Judicial and Legal Services Commission after recommendation by the govt. The institution to be blamed here is the govt and the reason being is that they did not do their due diligence before they sought to appoint Tiyanni as Magistrate, had they done so they would have found that he lacked the necessary qualifications and standing to be a qualified Magistrate (and that is why they always referred to him as a Lay Magistrate)….
Ok, CHING CHONG, thanks for that explanation. However, seems the Judicial and Legal Services Commission also failed. So, two of the institutional checks failed us.
Ching Chong
The recommendation was not from the government per se but from his cousin, Minister of Legal Affairs Ian Douglas this is why no due diligence was done prior to appointing him. He was appointed as result of nepotism, for a job he was not qualified for. He was not even a qualified lawyer at the time, if we were he could have never been convicted of impersonating a lawyer in England!
people people please!!!!!!!!! EDUCATE yourselves befor you just go with the flow and write and speak nonsense. while i love that mr Behanzin was tough on crimes (and i would love to see him back) he too have to work within the limits of the law. if the law states that a conviction maximum term is a certain ammount of time it is not up to mr Behanzin to exceed the law.lets take for example a person is convicted and the maximum sentense is 5 years.mr Behanzin cannot take it upon himself to give this person 10 years.while the 10 yrs may be fitting (as in alot of these cases) the crime the law states that the maximum for this particular crime is 5years. he cannot exceed the maximum penalty provided by the law of the land. so in an event like this when mr Behanzin does that it leaves a very wide open space for defence lawyers to appeal his decision and in most cases get his sentense thrown out which results in the convicted person getting away scott free. in a weird kindof way we can say that its because of his doing that some criminals got off so easy. if any of you follow court news you will very well know that alot (if not all) of the cases that went before him was or is being appealed.
so we cant just sit back and blame the DPP and defence attorneys for doing their job. it is the law thats working against us. law makers need to change the laws and work in the best interest of the country to make sure we have a safe and peaceful people and nation.
Whats d big deal nuh D man was just following protocol,,, who said he was suppose to decide cases anyway,,,
Rastar doh know about Allyou yeh, but as though I would rather a judge to seat on my case(s) wi,,,
MAGISTRATE, mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
magistrate |ˈmajəˌstrāt|
noun
a civil officer or lay judge who administers the law, esp. one who conducts a court that deals with minor offenses and holds preliminary hearings for more serious ones.
JUDGE. A public officer, lawfully appointed to decide litigated questions according to law.
Allyou see now why his cases were Appealed???
i call upon the relevant medical authorities to conduct a clinical psychological assessment of ALL legal practioners on island. persons who are charged with the responsibility to dispense justice must be of sound mind. We all know how stressful things can be in such a profession and due to this routine psychological and psychiatric evaluation should be made. There also needs to be proper background checks and investigations of the off court activities of such persons , while at the sametime respecting their privacy.
If people are mandated by law to provide reasons for their decisions and they fail to do so over and over again then its clear that such a person is either incompetent, lack the proper knowledge or just is completelty un aware of how to do te job. Many lawyers have been known to complain about this matter and even the judges on the court of appeal. Lets face the reality something has to be very wrong with this NEW scenario which is unprecedented in the History of the LOCAL BAR.
Let me call upon the local bar association working in concert with the medical authorities, to seriously begin MANDATORY PSYCHOLOGICAL TESTING OF ALL LAWYERS IN DOMINICA. If it means that we that parliament has to intervene so be it.
I think DNO can have an opinion poll on this matter; the results would be very interesting. Don t you think ?
” I AM MAD “
Here we go again. The witch hunt and inquisition starts again. History has continually shown that one person standing against the “fraternity” will be vilified and castigated. Whenever you shine a light into dark corridors, those hiding in the dark will fight tooth and nail so that no one sees the mud on their feet.
This is just the establishment fighting back. That is what establishments do when threatened.
Why don’t these f**ls uncover the real “dirt” that is burying Dominica.
Our island is suffocating under the weight of crime, political and economic malfeasance, unemployment, escalating crime in our schools, lack of proper healthcare, etc; and these f**ls have decided to go on a witch hunt.
Talk about twisted priorities…The tail is wagging the dog.
Dubique767,you may be familiar with the term “Too show,Too flam”.Sadly that some of the people we are dealing with.
Tiyani Behanzin was given a heads up about the sitting of the OECS court (Appeals)at Fort Young hotel,he left the bench went up to Fort Young and was told he can’t enter the chambers and I agree,that wasn’t proper procedure.He said I understand my cases a being thrown out ,in the papers i have submitted can you show me where I went wrong? The next day Miss Georges was all over the news and D/cans take it and they ran with it,up till now they still running.
Now The DPP talking about slippery slope,before Tiyani Behanzin contract wasn’t renewed certain persons in the Judicial Hierachy of The Common Wealth of Dominica was drinking on that.They said,we will get him one way or the other,they say he have Napoleonic syndrome etc.Tiyani Behanzin know all of them and there are some in Dominica that a not voicing their opinions but they know and have told Tiyani that’s why some go away to study and never come back,too much fight down.
Caribbean people will never trust the CCJ never,because the Judficiary in the islands are not independent.It is time that Dominicans stand up and ask for a referendum and change the laws on the books.The laws are outdated,the waste of nine months crimnals need stiffer penalties,and The Bull all day Hotel needs to be renovated or a new modern one built.
Back to Right Honorable D.P.P. the amount of things that are going on in this underpopulated country, where is your voice as a concern citizen if not DPP? Dominican going around just surveying peoples land if they live off island and have nobody back home,taking mamoth loans on people property,please don’t tell me is not true,it happen to me and four(4) other persons I met in land and Survey.
I had to pay my passage,come to dominica and fight for my own land,I presented all my papers,bought my land in 1989 so my children can have an inheritance.Thank God for my Lawyer,who told me to please come if I can ,he was being given the run around by I wont name,name DNO won’t publish.
They say I have to re-survey and my house is on the land ,my daugter’s house is on the land,but someone else has paper for my land.So when you talking about slippery slope,yes Dominica is a slippery slope.I tried talking to the culprit,they told me I ain’t pay for land so is their land now.One of the sons threatened to shoot me,I told him I spend 27 yrs in the US army and have 2 sons and a daughter still in Afganistan and Yemen bring it on.So the slippery slope is here,because I have spend over $11000.00 to get my land back and Land and survey gave me my boundaries and everything and I will sue to get back the moneys I’ve spent.
I talk to my children,said to them Dominica is your home,I don’t care where you were born never forget you are Dominican.Now I look and wander,is that the same Dominica?
My advice:You can do as much as you want but not for as long as you want.
Tiyani will be alright,now is his time but later will definitely be greater. Is not Slippery slope,is Landslide.
Tell me about it. POLITICAL CONSTIPATION to the maximum. It pains to see how some of our smartest minds can be bought for crumbs from the political table. Some of them are the very ones his father reached out to and nutured. I am however comforted in knowing that Tiyani cannot be bought. Son of the conquering LION of Dominica (Honourable Rossi Douglas). Hold strong Tiyani for one day you will be exonerated.
if it was skerrit or the chinesse they would have
said it is a slite mistake,so behenzin do worry with them people dominicans a there own enemies.
Professional assasination I see? What do we really want in this country? Where are we heading? I thought these professions have a code of conduct which dictates to them how they are to behave in terms of their practice in the public? A doctor makes a “mistake” and another one goes on the media and says yes he is the reason for the patient to be dead. Is that how it goes??? JUST A THOUGHT!!!!!
How comes is Behanzin alone all you want to have under microscope? I guess he is the cause of all that nonesense going on with the legal system in Dominica, smh. Some of our young men who have been murdered would most likely still be alive if their sentences given by Tiyani were not appealed.
Mr admin or who ever in responsible ….Why do you have a problem with every comment i make….that you do not publish them?
….)
I changed my mind about Behanzin, I was motivated by politics! After listening to the lecture, I realised that he was targeted because he exposed the DPP, Wayne Norde, Clement Joseph, Chief Magistrate, Court of Appeal and the staff. I am sorry Mr. Behanzin for my actions in the past, but I thank you for your attempts to protect the population. Freedom attacked Gon Emanuel, UWP attacked you and we in the labour party were told to attack you, but I now see the true criminal has no politics, I am sorry we did not think of your victimisation when you were remove. I was moved by the peace conference in Wesley!
Oh the DPP can talk then? well I never see or hear more. I see Carlise has distinguished himself as a QC and Supreme Court Judge, Professor of law and ethics but time will tell eh Carlise. Your behaviour and attack on Behanzin was more than about books, and many people even though we want Behanzin to answer the question, which to me is legitimate, we have no doubt that you are executing the duties of somebody elses’ agenda. If you are a talk show host probbing someone for info it’s one thing, but you presented yourself as a court reporter and it soon became personal.
Should Behanzin comment about your trip to GAYDOM conference in the tone he did NO, but your behaviour was that of a nom lawee kankan and so the two of your folded in that frame. Behanzin is not the authority on all things right, but clearly from the statements of the DPP, the attacks by the law fraternity, the call of UNWANTED to ask the DPP to go after Behanzin on the statements he made makes me feel that some people are becoming UNEASY and they are scared that their little pawns are giving them up to authorities outside Dominica.
Moi ka garder zot! He must sentence within the ambits of the law, but all who they free, dead, or back in jail for murder or serious crimes, I wonder who making more sense!
Original Eye – I endorse and support your posting; since when so many could talk including Carlisle with such vigor and authority almost challenging the young man to come clean or else. I mean there are so many instances when the same was required and I dare say is still required of people like Carlisle and the others to speak, sorry to shout about, but they continue to remain silent. When Lennox, Matt, Angelo and even Brother Letang request and invites the Bar Association, the Churches, the DPP, The Director of Audit , the DAIC etc to speak to the critical issues affecting the country including the total defiance and disrespect and blatant disregard to our supreme law , the constitution they all were moomoos, including the DPP, and Mr. Nord. Carlisle as a so called court reporter you are fully aware of the many instances where files, reports, records have gone missing or to be politically correct cannot be found, where evidence have been deliberately tampered with, where based on technicalities and the blantant disregard for the registrar and the court procedures cases have been conveneintly delayed in an attempt to frustrate justice (justice delayed is justice denied). Don’t you think that to required you to aggressively report and cahllenge the system with the same kind of passion and vigor yet you leave those matters unchallenged. But on this particular issue you are able to come out with all guns firing and firing from the hip- the tone of and passion in your voice and the challenge you sent out to the young man was in a form not to really get the information and the truth out of the guy but to embarrass him- to make him look bad in the public eye and to create a name for yourself and to satisfy the people who encouraged you to go full steam ahead; it was not to properly investigate the matter in an objective manner; no certainly that was not the way you sounded – yes prior to your outburst you asked him for an audience and he refused- so what! in journalism those things happen all the time; the PM and others refuse you an audience every time all the time!and I have never heard you rant and rave! but you were bent on getting back at him for not allowing you an audience- who is Behanzin to not allow the great fearless Carlisle an interview; so you set out to expose him in the most vicious way- but what gives you the right and the authority to tell a person he is ” not clean” or he is not “above board” in the arrogant and agressive manner in which you did that morning and on public radio; and what excuses you for not doing the same to others that continue to carry out state affairs in a much more questionable nature.It is not by coincidence then that the others on the Animal Programme are calling on the Bar Association and the DPP and on Sir Brian Alleyne to make a statement of condemnation of the young man- a man that continues to challegne the status quo. No it is all in an attempt to push a certain agenda and to destroy the young man. And you and others are playing up to that nonsense- when Lennox, Matt, Angelo, Brother Letang called for a voice from the Bar Association, the Church, the DAIC, and others to make their opinions known on the serious issues affecting the country including the blatant and total disregard and trampling of the supreme law of the land, the constitution- no one said anything including you, if you did certainly you did without the same venom and vigor; there are so many other matters that required you and still requires you and other media personalities to articulate ( not with the same arrogance you so obviously displayed ) but with the same urgency yet you and others remain quiet. Bro if Behazin has property belonging to the State the State has ways and means and the aparatus of getting that property or properties back from Behazin- so I do not buy that foolishness about he refuses to bring back books to the registrar and to the court- the state if it has the evidence and information that he has property belonging to the state the state can evoke a search warrant, an arrest warrant so lets put that BS to rest. The Animal programme is rejoicing at your outburst and are happily celebrating the shift of focus you have caused but the real issues will remain and the pressure will continue to build on them for good and accounatble governance; But in the meantime eh ebbey weh papa Carlisle it is obvious that someone or some persons are using you to push their agenda – I encourage you to try to remain professional.
ADMIN: Please in the future break down your post into paragraphs. Such long posts without paragraphs makes the eyes water and give headaches.
Bring him back. All I ask Behanzin to do is to give the maximum the law allows as I ask the government to amend the law and get punishment more inline with Behanzin previous sentencing as it worked. PUT BEHAZIN BACK or he will run for political office and U may regret it.
Kelvar shaking in his boots because Senjo wants Tiyani as their parlrep NOW and they ruling class know it.
I think Dominicans should open their ears and listen to Tiyani. That was one of the few people in position who is trying to enforce tthe law of the country and see how he is treated, this man should be treate as a hero but instead some people in high offices want to see him dead instead. Are you serious? is that what we’ve come to. I am not into politics and for sure not a UWP supporter but when Tiyani and Lennox Linton speak, we should listen and and for the investigation into what they say. This is our country and to see it move forward we all have to work as one. I am not saying the present Government is not doing anything, but there’s just too many secrets or lack of explainations.
Hard on crime yes, but he cannot keep acting like a demagogue with irrational arguments and judgements. On the big drug dealers yes, but not so irrational on petty marijuana joint smokers.
Procedures…laws. If he is as the people say. Then bring him back. So when i catch another voleh, they stay.
I have 0 tolerance for crime. Follow the dam rules!
dey targeting him now……leave Tyani alone…
The Ex-magistrate vomited and the dogs are afraid to drink it because they think it’s poisonous.
Question is, how long has he been working as magistrate? 20 years…10yrs….5yrs …?
How long ago has he been out of the job?
5yrs… 3yrs….2yrs..?
Add the time he started to the time he ended. It’s now Carlisle and Pestina seeing the loop hole? Mr. Behanzin vomit must be really stinking for these guys.
Hold strong Behanzin, we are with you.
Bring him back! he is the only one with some balls!
Who is the real enemy??? Is it Mr Behanzin or is it all the criminals and corrupt officials?
It is a fact that getting rid of Behanzin from the bench did nothing to improve the miserable state of crime in Dominica. For that matter it escalated gruesomely out of control with tourists now being a prime target for barbaric attacks.
So while many are going on an emotional roller coaster approach and are rejoicing at what they call Behanzin’s demise Dominica and the future of all your children are the only ones that will suffer.
The point that Behanzin’s cases were dismissed at the appeals is no laughing matter. The only one’s that tare laughing are the freed criminals who are having a field day whilst their potential victims cheer on foolishly
Well said……….If west indies can bring Gayle back why can’t we bring Behanzin. Base on what i have read i think the guy was doing a great job on curbing the crime in Dominica. I heard someone said if it was not for behanzin i would throw u off the bridge. I had no idea who they were talking about until i asked. i understood even the police officers would make sure friends and family don’t go before him when they get in trouble. That is a clear sign the man was making an effort to clean up past and present mess by the so-call judges. I honestly think the Govt should swallow it’s pride and work with the man.
I hire employees frequently. i give them all a book of the companies, code f conduct and policies.
I don’t expect them to know it all from day one, and as a leader i guide them along the way.
If he was not doing the things the article claimed, why wasn’t there some consultation, some coaching? I know it is law, but we are all humans and some of us sometimes are forced on different things. if the cams are true, i say shame on those above him. U don’t fire everyone who don’t follow through. you coach, retrain, guide and train and retrain.. especially when that employee is doing other things well.
Shame on all you for allowing. tae some responsibility for allowing him to go down that slippery slow you all mention now.
Shame! the DPP should be talking, they should be guiding him on the right track.
what is wrong with you Dominicans. On one hand, you all criticising Mr Skerrit when he breaks the law and says no law or constitution can prevent him from being nominated – then when Behanzin breaks the law by sentencing people wrongfully and to make bad matters worse he does not provide his notes to show why he made certain decisions you all want to say he is the best thing out! No wonder Dominica is upside down, back to front and inside out. All those persons defending Behanzin must be more objective – leave emotions out of the equation… let us see you all get him to defend you when and if he is called to the bar!!! God help us!
Finally … a comment I would like to give several thumbs up. Wrong is wrong is wrong! Behanzin needs to follow the procedures of the court much the same way he expect law breakers to follow the rules of the land.
you can see you or your family are one of those guilty ones that Behanzin has disciplined. Hats off to Behanzin!
The CONSTITUTION is the LAW of the LAND it’s above everything else and everyone of us MUST be govern by it.
Now if you listened carefully to the DPP Pestaina when he was trying to spin ask yourself how did the MAGISTRATE hearing the case know and to say to the Accused that he was luck and that he was like he was in the ” WILD WILD WEST ” where would he got that infomation from remember the DPP is telling us( D’ICANS ) that Tiyani Behanzin didnt provide the notes therefore,so how did the magistrate get to repeat those lines rememer the DPP got the notes the same day of the hearing how would they know to be able to repeat those lines. also PESTAINA explained one dont wait to appeal a case after one puts in the appeal at the time of hearing so it will be records the same day, Another issue he wast’n interesed in talking about the missing notes or book but yet Tiyani never filed any transcripts after his cases, and did you expect Wayne Norde to be siging a different tune I sure didnt.
Another issue whatever happened to the Computer that have all the transcripts ask queestions before you post strupid comments ask DPP when did they get the computer what notes are on it and if they cannot operate it did the call in any one else to find the notes for them , ask did they have the computer records before they went to COURT tell us the truth and stop the roller coaster ride because they can fool some people some of the time but they can’t fool them all of the times stop trying to bury ROOSIE son for exposing the corruption in the Justice system the man refused to buckle under so they have to get him out especailly the people wants him back on the bench.
K.John Baptist had some questions but just his over all aggressive attitude tells me they were more emotional than anything else as a journalist you a trained to listen and that kind of exchanges between the three men were not productive we were left with more questions than answers.I listened to Lennox feedback and I am glad that someone else had the very same concern as I did follow the computer trail and we will see where it leads and only a dumb person wouldnt figure out that Tiyani downloaded the information from the compute just incase he had to defend himself that’s what is done with computer information he said he dont know where the books with notes are and the DPP PESTAINA said he tried reaching the clerk at the office severial times not Tiyani himself.
To many parts of the story doesnt add up
So I would rather the people who are making comments try to read, listen, think ask questions before posting a comment.
Arrogance is no different from ignorance I hope you feel the same way
Again, as i have endured in my 40 plus years of reesiding out of Dominica, the way Fellow Dominicans are so two faced. I speak from my own issues with in my own family. They stress that you excel , yet talk so ill of you when ypu excel in your accomplishments, due to your own inspiration and lack of no support.I feel that the negative hunt of Tiyani Behanzin is just adamant of how two faced Dominicans can be. I am shameful to say that Dominicans i meet abroad have been the biggest upsets that i have encountered. I say support our own . I was in Jacksonville FL, met a fellow Dominican business owner who had no means of transportation, so i loaned him one of my vans (at no charge) to drive. Months later i had to darn near threathen him to give my van back. Another story of why i shy from my own Dominican brother and sisters when i meet them in my travels. Support Tiyani Behanzin. PERIOD.
So, the lawlord is lawless.
SMH!
It is an obvious attempt to discredit Behanzin’s good character.
Those accusers need to focus on the downhill state that Dominica is in and stop trying to find faults in a hardworking man such as Mr. Behanzin.
Here’s something for Gene Pestaina to do:
Solve the GON Emanuel case, clean up the corrupt police force, bring down those criminals hiding behind their political masks and purge the churches from corruption…
Please note when TB is called to the Legal Bar and allowed to eradicate violent and white colour crimes, his legal peers in opposition will be compelled to seek other professions such as plumbers and electricians, a very good and necessary/worthwhile profession for the Country
You all can try as hard as ever… Behanzin stands tall! Expose them Tiyani. Too much dirtiness and corruption in this poor country.
Corruption in Government = POVERTY…..That’s the rot we are in today in this country.
Lol!
It seems to me the only one being «exposed» is Tiyani himself. The quality of his work has left a trail of mines that risk plunging us in chaos. So, if Tiyani is exposing anything or anyone, it is himself. Lol!
we WANT him back…… its overdue!
He is good yes? He sends them to stockfarm and
when they appeal they are back on the streets.
Does that makes any sense. Mr, Behanzin I’am very
sorry for what is happening to you please you know
the law just follow it.
Probably if he kept up with the paper work the prosecutors would have something to show why the offender was sentenced to Stock Farm.
His hear may be in the right place but he was too caught up with making public statements that he overlooked the administrative part of the job. Too bad
Then tell us (D’ICANS) DPP PESTAINA what informations that are stored on the COMPUTER that was returned are you telling us he only recorded ” IF DOMINICA COULD TALK” because it’s very convenient it’s left out of the controversy.
Since the man gave his lecture and accused high up officials of drug trafficking, I expect to hear a lot more criticism of him.
For the record stop referring to carlisle John Baptiste as a journalist. Rather than investigating the matter thoroughly and bringing the truth to light with concrete evidence, Carlisle went on the offensive saying that the former magistrate thinks he is a little god. This shows bias on Carlisle’s part. Carlisle cannot be mentioned in the same breath as Dan Rather, Christiane Amanpour and Barbara Walter. These are real journalists.
to be fair Dominica has NO journalists only GOSSIP Columnists
TO ALL DOMINICANS,
Stop playing dirty politics and allow reality to take control. Dominica has become the most unsafe country in the Caribbean, and we are all paying because of that simply because we all seem to cherish the violent acts which has taken over our country. So i say again, in order to stop this violent epidemic we must re-instate the best man to the job and that’s Mr Behanzin.
Most unsafe? Are u blind? What statistics are you utilizing?
Please i really want to know. Any where else in the Caribbean, your hand and your belongings will disappear. Dominica its just the belongings.
You can’t even watch somebody for more than a glancing moment in TT, cuz it’s your neck on the road later that hour.
Men rape men in other countries in Caribbean, broad daylight mind you. So please, tell me where is the most unsafe.
We still safe, don’t let what people say get to your head.
I truley think that part about Dominica being one of the most unsafe countries in the Caribbean should be removed. Come on stop crying down Dominica and with you saying that will actually have future visitors believing you. Dominica is most likely the safest island in the Caribbean, our crime stats might look high because of our small population. I think the person who wrote the post should travel a little bit.
IN TIME TO COME…
WE HAVE TO HEAR AND SEE MORE.
IN TIME TO COME….
behenzin smarter than allu.
Behanzin is HUMAN and not above reproach. If he has done somethings wrong, he must answer truthfully but alas I listened to Carlise yesterday on Matt,boisterous, agigitated, breathless, overbearing etc etc then to him speaking to the DPP and the way he has injected himself into the subject grates me the wrong way!! Carlise is the subject, noun, verb, predicate and every punctuation mark in that story, and if this is journalism then ????
Quit blaming Benhazin for the missing transcripts. The court system sucks and allu know it damn well. Fix the system and all transcripts will be filed accordingly with ease of access. Does “Templates and Deadlines” ring a bell? After allu fire the man allu want his help now to get transcript? Where was the the Chief Magistrate all the time? Wasn’t she his boss? Why didn’t she ask for the transcript in a timely manner if he did not turn them in as required?
Tssk, tssk, tssk…tell Carlisle that “most” of the currnet sitting magistrates are wayyyyyyyyyyyyyyyyyy behind on filing transcripts and no one is saying anything. Leave the man alone and if the supreme court wants to dismiss the rulings then go ahead. That Dcan legal fraternity is a click that killing the country. One bray, others join the chorus.
OMG Thank you! How can Carlisle or whoever point their fingers at Benhazin without simultaneously making the DPP look incompetent? The mere fact that they are not addressing the failures of his “supervisors (DPP)” for letting this problem fester, shows this attack is not to benefit the public in anyway.
Another reason why we need to fix Dominica’s economy and have our residents think, act and behave like regional and global citizens. If Dominica is the only space to grow one’s careers eventually we will all have to pull each other down to get ahead?! Shameful!
Only in dominica you can be so inefficient and unethical and still get praise from those uninformed locals. Sometimes I just have to shake my head because people in DA just so backward and supportive of crap. Jah !!
IS SOMEONE WORRIED ABOUT MY COMMENTS ON TB ?????????. I HOPE I AM IN A FREE STATE WHERE JUSTICE AND HONESTY IN ANY STATUTORY CONTEXT PREVAIL AT ALL COST
ADMIN: Please no comments in all caps or your comment will not be published.
BROTHER i am happy to get this information. I began to feel threatened Kudos to you guys
Thank you Mr.Behanzin for a job well done. I have listen to your lecture and I understand clearly what is happening here base on the information that you gave. Personally I think Carlisle is been used and he is not even aware of it , I have no problem in him asking questions but he don’t know for sure the situation of the book and should not come with such approach like he is working in the DPP office. Please sir, be strong. I think you have done more for Dominica than any of those who are now speaking; because of you some of us can walk freely in parts of this country. THANK YOU SIR AND GOD BLESS YOU
The question is “What interest would Behanzin have to want to withold evidence that the government ala DPP need to defend him in the appeal against Bubbles?” This seems far fetch.The other question is “What interest would the government ala DPP have in not defending the appeal against Bubbles?” The answer is a lot of interest. Why did they rush the appeal while he was away in T n T?. While I don’t condone Behanzins personal attacks on Carlisle, the fact is if you listen to the venom in which Carlisle was confronting him, you can see clearly that Carlisle is doing somebody’s bidding. No journalist gets on the way Carlisle did.
while I appreciate the that he was tough on crime, why is it so many of the appeals against his rulings were/are upheld? he must have been doing something wrong.
some of us just submit comments out of emotions, these have no weight in a court of law. If he did not submit those documents he had to, then of course it is dereliction of duties. If I do that in my job I will lose my job as well.
If he thinks that he was wrongfuly dismissed, then he has his rights to go to the same courts for redress and the judge who will be presiding has will have the responsibility to provide documentation. If the jude rules against him and he appeals and learns that judge did not submit the required documents, I know he will be irate.
Its obvious that with all the appeals and opposition against Mr. Behanzin, that this is a systematic ploy to discredit him because he has trodded in the yard of the powers that be. Look at all the cases in question and you will see the connections
Look
http://www.cbi.dm/audio/behanzin_lecture_040612.mp3
Listen carefully Mr. News Editor.
There is alot said here that is news worthy.
Sounds like the ramblings of a grumpy old man struggling to accept his fate as a “former” magistrate!
He would always be unable to submit a reason behind his sentencing since HE himself did not know why he would sentence someone so harshly, therefore a report was never forthcoming. The man would sentence persons according to hes feelings on any certain day. He never followed the rules and regulations as it relates to the law.
And for all those who are saying that he was doing good against crime, it’s only because your familiy member, brother, sister, father or cousin was never before cause if so you would be singing another song.
Everyone on this earth are human beings, some may be worse than others but when you get right down to it, the good Lord created us all.
I going to email allu a link to the 3 hour lecture of Behanzin.
I am sure allu will find plenty NEEEEWS from it.
tell them to go and solve gun emanuel case allthr bar association
so wat tell them u use the document to do u pices cause they send you back to trinidad. But for true dominica have so much issue who breaking law law. Carli was acting like he in a tug of war so teanni is human tell them carli have and would never treat pm like that u carli get paid to perform but tanni stand strong everthing will be aright
So, wait a minute….the man who is supposed to be enforcing the law can reportedly break the law?
I don’t get it. I am scratching my head here.
Are you talking about our beloved PM? Hmmmmmm
If Tiyani is giilty of those accusations then it is shameful that he present homself as forthright yet failing to execute his duty as required.
I hope this will be a learning experience for Tiyanni. It is good sometimes to step back and check yourself. Alas it seems though that our culture is one filled with arrogance as we see the same type of behavior from those in authority. Inefficiency and the acceptance thereoff is the order of the day. Some of us give our very all to support mediocrity instead of calling failure or underperformance whenever there is a need to
Don’t be so gullible… it is an obvious attempt to discredit Behanzin’s good character.
Those accusers need to focus on the downhill state that Dominica is in and stop trying to find faults in a hardworking man such as Mr. Behanzin.
Here’s something for Gene Pestaina to do:
Solve the GON Emanuel case, clean up the corrupt police force, bring down those criminals hiding behind their political masks and purge the churches from corruption…
Whatever! Dominica needs Behanzin. This is ridiculous, first time Dominica got a person who is doing what needs to be done to handle those criminals but instead they trying to hang the man. Gimme a break here, I not impress with Carlisle, he is just upset because Behanzin refuse to take him seriously. Not denying that he has a right to ask his questions but the level of anger he displayed on the radio was a downright shame. Anyone with brains could see it was matter of him being insulted and not the righteous reporter he claims to be. The boys was hopping mad, fuming from ear to ear.
Dominica needs to step up and get rid of some of these antiquated laws and make new ones to run the country, that why the P.M had to tell them what he told them and he did darn right.
It is a real sad day in d/ca,doing wrong is the order of the day.Behinzin law is law ok,i will nt support u if u did nt follow regulations however mr.DPP am ashame of u and mr.carlisle am in no position to judge u but am seeing sumtin thats nt right about yr motive.Mr.DPP where have u been so much is going wrong d/ca.You so quick to point out behinzin wrong when all other illes that are destroying the fabrick of this country we call our own.I belive behinzin mines well for d/ca,god guide u sir,peace.
stop that crap Mr. DPP. Behanzin is the ideal man!!
they talkin bout clampin crime.w hen behanzin give stiff punishments they complaning. we black ppl dont know what we want
Listen & learn Mr man,you are not always right.
The truth will avail you sir. Admit to the speculations or supress them with the truth. If the law works for Peter then it should for Paul too! One Love!
“Behanzin under the microscope”, this can only mean one thing, that the man is busy working on strategies to combat all the crooks (from top to bottom, both in and outside of the legal profession), corrupt, liars, dealers, traffickers, murderers, rapists……. All now starting it itch and twitch so it is no surprise that anything whether petty or bogus will be leveled at him to try an hold back his ascendance.
Keep up the struggle Mr Behanzin and keep chipping away at them crocked blocks until all of them are straight!
We are a country of laws. I like his tough approach on criminals, but Behanzin must play by the law. He cannot behave in a manner that puts us on par with tribal law as practiced in placed like Pakistan.
As much as I like the guys, he has to follow protocol. He is there to apply the law, not make it. That is what we have the legislature there for.
I am very saddened to hear that. I expected better from Behanzin.
My sentiments exactly.
I support the guy too, but he has to maintain his responsibilities.
Two wrongs don’t make a right…
what law, you fool.. Dominica has law. what bloddy law. sendig murderers up in stockfarm for six months. Bull…. We need a man like Behanzin in Da Boss!
yes fine but when they appeal it, he needs to be able to show his reason for his sentence to be up held, thats all it is.
Sending them up is great but dont forget they always appeal
Agreed~!
proto what col. Is only when they don’t like someone they talking about law. I have not seen anyone with any regard for law in Dominica, take the drivers for instance, where is the law/protocol for that…., rapist, child molesters, murderers etc etc etc.
@ Dissapointed:
Perhaps, we should burn the constitution and set up a vigilante system to deal with wrong-doers.
Dominica has some very bright people, but I often wonder if people like you even went to high school. The sad part is, some of you open your mouths to confirn and celebrate your stupidity.
Mr. Dominican at heart. Is a good thing I did not go to school, because like many of you, I would come out a fool. Look at the mess that is going on, who is responsible for holding back the country? It is the educated ones. Who is it that is robbing the poor, it is the educated ones. So let me use the little common sense I have to speak my mind. A bunch of people using big words and going no where at all. Look at the court system, still using books to take notes. come on now. Do I need to have an education to know that this is so ancient?
ehm. Idc about ur arguement with whoever. The reason for books is cuz anything that can perform hyper protocols like pcs or laptops are hackable. There for books are an absolute form of protection.
Just saying.
But I doh seeing d big deal nuh,,, D man was doing as his duties called him to do,,, I doh see wiff all this discussion nuh,,,
Maybe allyou should start checking out what Mista Dem really doing and stop wasting allyou energy!!!
MAGISTRATE, mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace. 2. The president of the United States is the chief magistrate of this nation; the governors are the chief magistrates of their respective states. 3. It is the duty of all magistrates to exercise the power, vested in them for the good of the people, according to law, and with zeal and fidelity. A neglect on the part of a magistrate to exercise the functions of his office, when required by law, is a misdemeanor. Vide 15 Vin. Ab. 144; Ayl. Pand. tit. 22; Dig. 30, 16, 57; Merl. Rep. h.t.; 13 Pick. R. 523
JUDGE. A public officer, lawfully appointed to decide litigated questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions, and not only judges properly so called, but also justices of the peace, and jurors, who are judges of the facts in issue. See 4 Dall. 229; 3 Yeates, IR. 300. In a more limited sense, the term judge signifies an officer who is so named in his commission, and who presides in some court. 2. Judges are appointed or elected, in a variety of ways, in the United States they are appointed by the president, by and with the consent of the senate; in some of the states they are appointed by the governor, the governor and senate, or by the legislature. In the United States, and some of the states, they hold their offices during good behaviour; in others, as in New York, during, good behaviour, or until they shall attain a certain age and in others for a limited term of years. 3. Impartiality is the first duty of a judge; before he gives an opinion, or sits in judgment in a cause, he ought to be certain that he has no bias for or against either of the parties; and if he has any (the slightest) interest in the cause, he is disqualified from sitting as judge; aliquis non debet esse judex in propria causa; 8 Co. 118; 21 Pick. Rep. 101; 5 Mass. 92; 13 Mass. 340; 6 Pick. R. 109; 14 S. & R. 157-8; and when he is aware of such interest, he ought himself to refuse to sit on the case. It seems it is discretionary with him whether he will sit in a cause in which he has been of counsel. 2 Marsh. 517; Coxe, 164; see 2 Binn. 454. But the delicacy which characterizes the judges in this country, generally, forbids their sitting in such a cause. 4. He must not only be impartial, but he must follow and enforce the law, whether good or bad. He is bound to declare what the law is, and not to make it; he is not an arbitrator, but an interpreter of the law. It is his duty to be patient in the investigation of the case, careful in considering it, and firm in his judgment. He ought, according to Cicero, “never to lose sight that he is a man, and that he cannot exceed the power given him by his commission; that not only power, but public confidence has been given to him; that he ought always seriously to attend not to his wishes but to the requisitions of law, of justice and religion.” Cic. pro. Cluentius. A curious case of judicial casuistry is stated by Aulus Gellius Att. Noct. lib: 14, cap. 2, which may be interesting to the reader. 5. While acting within the bounds of his jurisdiction, the judge is hot responsible for any error of judgment, nor mistake he may commit as a judge. Co. Litt. 294; 2 Inst. 422; 2 Dall. R. 160; 1 Yeates, R. 443; N. & M’C. 168; 1 Day, R. 315; 1 Root, R. 211; 3 Caines, R. 170; 5 John. R. 282; 9 John. R. 395; 11 John. R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 Bay, 1, 69; 8 Wend. 468; 3 Marsh. R. 76,. When he acts corruptly, he may be impeached. 5 John. R. 282; 8 Cowen, R. 178; 4 Dall. R. 225. 6. A judge is not competent as a witness in a cause trying before him, for this, among other reasons, that he can hardly be deemed capable of impartially deciding on the admissibility of his own testimony, or of weighing. it against that of another. Martin’s R. N. S. 312. Vide, Com. Dig. Courts, B 4, C 2, E 1, P 16 justices, 1 1, 2, and 3; 14 Vin. Ab. 573; Bac. Ab. Courts, &c., B; 1 Kent, Com. 291; Ayl. Parerg. 309; Story, Const. Index, h.t. See U. S. Dig. Courts, I, where will be found an abstract of various decisions relating to the appointment and powers of judges in different states. Vide Equality; Incompetency.
STUPESSSSSSSSSSSSSS Pestina….Just bring back Behanzin and case closed. Allyu just trying to get LAME EXCUSES not to bring the man back. Just accept it, he is better than all of you. BRING BEHENZIN BACK!!!!!
DOMINICA NEEDDDDDDDDDSSSSSSSSSSSSSSSSSSSSSSSSSS YOU MR. Behanzin….ITS NO LONGER A WANT BUT A NEED!!!!
they can say what they want…u were straightening them so they are finding all kind of ways to keep you down…some of them too like to think the courtroom is their own…….
We need more people like him to deal with the criminals one who will not compromise ther integrity one who
WILL not look at who is in front of them and call it as it is you do the crime you dothe time