UPDATE: AG says Gene Pestaina is not entitled to pension of the nature he claims

Pestaina has called on the government to pay him a pension and gratuity
Pestaina has called on the government to pay him a pension and gratuity

Attorney General, Levi Peter, has said that former Director of Public Prosecution (DPP), Gene Pestaina, is not entitled to a pension that of the nature he asserts he is entitled to.

Justice Minister, Rayburn Blackmoore said the government is willing to assist him on compassionate grounds if the request is made.

Both men spoke at a press conference held at the Financial Center on Friday.

Pestaina, who is gravely ill and battling for his life, has called on the government of Dominica to grant him a pension and gratuity.

After serving 38 years and 3 months in public service/ law enforcement in Dominica, Pestaina believes that he is well deserving of his payment.

“I don’t understand what prevents them from paying me…,” he told the media earlier this week.

A group of former police officers has formed a group and has appealed to the government to pay Pestaina his pension.

But Peter said Pestaina is receiving a pension under the Social Security Pension Act. He stated that Pestaina is not receiving a pension under the Police Pension Act because he did not serve long enough in the police force.

“It is clear therefore from the foregoing that whilst Mr. Pestaina has not received that he contends that he is entitled to, it is not correct, as has been stated in some forum, that he has not received any form of payment or acknowledgment of/or for his service to the state,” Peter explained.

“It is similarly not correct to say that the state has not sought to explain its position to Mr. Pestaina or representative,” he added.

Peter stated the government is sympathetic to Pestaina’s plight but there are two separate issues in the matter.

“One is what is the legal position, what is the legal entitlement properly interpreted and applying in the various pension provisions and the government position is that, the proper legal interpretation is that Mr. Pestaina is not entitled to a pension of the nature he asserts that he is entitled to,” he explained.

He said the second is, “If Mr. Pestaina cannot be accommodated by way of the pension provisions in this time of need, is there any other mechanisms through which he can be assisted…clearly this is another mechanism and the position of the government is that the government recognizes the unfortunate situation and circumstance confronting Mr. Pestaina, and the Honourable Prime Minister [Roosevelt Skerrit] and cabinet of ministers expresses its willingness to assist Mr. Pestaina in defraying his medical cost, should he be desirous of this assistance.”

Peter said from the foregoing it should be apparent that the matter is essentially a dispute as to a proper interpretation of law to be applied to various pension and constitutional provisions.

He explained that in the absence of an authoritative ruling, “we are at an impasse; because both parties are insisting that their interpretation is correct.”

AG Peter said benefits due to Pestaina have been paid in full
AG Peter said benefits due to Pestaina have been paid in full

Peter said the state’s records indicate that the pension benefit due to Mr. Pestaina in accordance with the applicable law have been paid to him in full in the form of a gratuity as required by section 6 (h) of the Pension’s Act Chapter 23:80, “that is where he hasn’t qualified in one aspect and there is an alternative calculation and has been calculated in accordance with the pension regulations.”

“My understanding is that has been paid to Mr. Pestaina,” Peter noted.

He stated further that in respect to Pestaina’s appointment as DPP from July 2007 to July 2013, “he is not entitled to any gratuity payments since he served for only six (6) rather than ten (10) continuous years as it is required by the Pension Act.”

Peter said the situation is a sad one.

“When one looks at his record, clearly there is no dispute that Mr. Pestaina has served the state and served the state well over a number of years,” he said.

Meantime, Blackmoore who once served as a police officer in the Dominica Police Force said that the Prime Minister and the Cabinet are always willing to give special consideration in cases such as Pestaina’s.

Blackmoore said the government is willing to assist Pestaina on compassionate grounds
Blackmoore said the government is willing to assist Pestaina on compassionate grounds

“Having said that, there is a distinction between the whole issue of legal requirement or legal claim, as opposed to a special request being made for consideration on the ground of compassion, and the Roosevelt Skerrit administration is willing once a special case is made to consider that matter on compassionate ground,” he stated. “The Labour Party administration has built a reputation to actually take on matters on compassionate ground and ensuring that once our people need urgent assistance it is dealt with…”

According to him, “I really feel for Pestaina and his family in the situation in which he currently found himself in respect to ill health.”

Blackmoore made it clear that the intention here is not to personalize this issue, “and hope that we can actually look at the situation before hand from a value-free perspective, looking at the facts.”

Pestaina was appointed an ancillary clerical officer in the Ministry of Communications and Works in the public service January 1st 1968, after having served as a substitute for 6 months. He was transferred and enlisted in the Royal Dominica Police Force on October 6th, 1969 as a cadet sergeant. He was then promoted to the rank of Sergeant in 1972, promoted to the rank of Inspector July 1 st 1976.

In June 1982 after 14 years service as a police officer he commenced studies in law at the University of the West Indies, Cave Hill Campus Barbados. In 1985 he obtained his LLB Degree.

On 1st October 1988 he was promoted to Assistant Superintendent of Police. He was called to the Dominica Bar on the 21st October, 1988.

In 1991 he was called to the Antigua Bar and 1996 to 2000, Director of Public Prosecutions in Dominica.

January 2001 to 2004 he was in private practise in his chambers.

From 2007 to 2013 he served as DPP in Dominica. He retired in 2013.

 

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111 Comments

  1. Said Hamid
    December 15, 2016

    My friend is a CBI citizen in the middle east and is deeply disgusted to read about the sheer hell that this man is going through to get some money from the state when Dr. Skerrit is getting more than £4 million per month in CBI passport sale revenue.

    He is saying that he will cancel his citizenship and tell his rich friends to avoid Dominica for passports. They are rich so getting another passport from another island is not a problem for them.

    What a mess we are in!

  2. history
    December 12, 2016

    SEEM we are both blind and clearly unaware that THIS MAN IS THE HUSBAND of the former LEADER OF THE FREEDOM PARTY Judith Garraway Paestina.
    She who was told by the PM to go paint her Hotel is now being told go take care of your husband
    Judith unlike the present PRESIDENT and former LEADER too of the FREEDOM PARTY did not deal with her soul and integrity and to stop to conquer ..
    The sell out by the other freedomites who benefited from bowing down to the back end of the SUPREME LEADER was not done by Judith, so now her husband must begin kneeling on the ground begging for help from his junior Police now Minister of Justice- Blackmore The leader now demands that Judith must now beg with tears in her eyes for not selling out the freedom party as Charles Savarin and the others did
    Forget all this carp of the logic and reasonableness- if Judith had sold out AND DECOME A SYCOPHANT her husband business would have been taken care of without public knowledge .

    • Anony
      December 13, 2016

      Hey hold on. But he was never refused help with medical bills. He just doesn’t qualify for the pension he is seeking. After-all, what more does the rich hotel owners want from tax payers? No need for the politics.

  3. sweet
    December 12, 2016

    Lord, I do not really understand all of these technicalities. I only remember a big strapping man as we say in Dca. It is sad to see this man right now based on my image of him.
    I can only pray for guidance and good judgment for myself, close friends and family. After living a full life, building a home and a career, the end ought not be like this. Papa Bondieu, there are many lessons to be learned in this life. Guide and protect Father.

  4. December 11, 2016

    FormerComm: Lets examine thefacts, and know the Rules, before casting judgement, and turning this sad situation into a political foot ball, in my opinion. Our Beloved Comrade, we pray for him, and ask God to Comfort him. He was paid accordingly! and persons who knows the Rules and continue to kick the can Down the Road for their 15minutes of fame, should be ashamed of them selves.

    • December 11, 2016

      Why, still awaiting Muderation? We still love D.N.O. cuase is all we have. Keepup the great job D.N.O.

  5. Just Passing Through
    December 11, 2016

    Sometimes it is very easy to read a story and know the whole truth have not been told. I would suggest to DNO on some news item like the first one we got on this story that they be in a form of a paid Advertisement so that DNO credibility as a credible news source is not compromised. That story had more holes than swiss cheese and I was surprised how it was swallowed in whole by so many, Only to learn the truth later that we were hoaxed.

    In the age of Fake News hitting the internet as Real News, credible journalists and credible news mediums must get the full stories before putting them out. The same way a reader can wonder whether a story is true, so should the news agency getting the story and allowing the news to be shared with the public without doing the fact checking necessary.

    I am sorry the gentleman is sick and hope he will recover from his illness. I will follow my mother’s advice and not comment further on this story.

  6. Anony
    December 11, 2016

    Sad as his illness is, These are rich people, he clearly worked for gov’t not as a regular worker entitled to pension, he freelanced on contract. Can one have cake and eat it too. In which case he gets social security and all his personal investments. Is the rich trying to get as much as they can from the gov’t. Then again, what is the president’s salary? Can these bloated salaries be at least voluntarily downsized given these ppl are serving a poor country??

    • Deedee
      December 14, 2016

      So you the mans banker????? How you know these people wealth in a time when everyone struggerling

  7. Be Good
    December 10, 2016

    this is just politics if you need help ask for it! but remember mr pestaina you went to court for wrongful termination you won and was awarded over three hundred dollars so you got both at the same time he got his retirement included with fired pay. So if they start giving him retirement again he would get it twice you should have save this $300.000. I hope you get the help you need

  8. mine
    December 10, 2016

    Before this issue had gone that far party involve should do thier home work instead of pointing fingers at each other. Mr. Pestina is a lawyer I think he should know what he entitle to. I do know sickness takes all you life saving, but we should go the right way where money is concern.

  9. It's MissAlie
    December 10, 2016

    This story has some loopholes, which should be addressed.

  10. Just Saying
    December 10, 2016

    The way I am forced to understand this is that he did not meet the stipulated continual years of service because he took time off to go and study, right? But my question is, isn’t studying considered training, a plus for the employer (in this case the government)? Had he been sent by the government to study/train/on a course, ect, wouldn’t the the time he spent doing that be counted as part of his service?

    If so, are civil servants being punished for taking the initiative to go on their own to advance their education? Are they being told indirectly that only the government can send you and if you take your own money and go do the same education advancement, you will be “punished”? I am so confused, as I know of so many civil servants who was sent on courses, education advancement, ect and was still considered still being employed.

    • Dominican
      December 12, 2016

      What did he study? Was it the same as the work he was employed to do?

  11. Craziness
    December 10, 2016

    The DLP Government has been squandering tax payers money for all these years! Wouldn’t it be best to help him in whatever capacity than waste money on all the crap? E.g: a hospital that’s not needed! Fix PMH! Upgrade it! Provide supplies in school for children. These useless, uneducated pigs with high positions that make them bazoodee! I assume he isn’t a supporter of the DLP? Otherwise he wouldn’t have to beg, They would empty treasury.

    • December 11, 2016

      Your pen name says it all!!

    • RC
      December 12, 2016

      You serious “craziness”? We do not need a new hospital? Is this the latest twist to expressing hatred of PM Skerrit at any cost?

  12. Envar
    December 10, 2016

    Its a shame to see a man that press so many men crying now.. Its a big joke because i took my ears and heard you say that this man would never get that or this man would never get that. You basqued in your glory by pressing brothers i arms… Pesti there is a thing called carma.. My best advise is that yoj just relax and save the little money your maltwavai self have do not make a doctor rich….

    Big man does cry too pesti….

  13. December 10, 2016

    Pay him his money he served. Longer than any of u fools in carbinet..

  14. December 10, 2016

    Gene pestina served his country well in all he did ..
    This is all political. He is not a begger pay him his money..

    • If he is entitled to a pension, he is not supposed to grovel for a dime! The fact is what is happening to the man is unfortunate. However, just because one say I worked for 38 years for the government and deserve a pension, does not make it an legitimate claim.

      Now to me Dominica government is a circus; nevertheless, we still have rules and regulation in the country which if properly observed, and implemented, there are going to be issues like this. One who is not or ( was) not a civil servant is not entitled to a “civil servant pension” like it or not!

      In any event, if he was a civil servant entitled to a pension, by the time he left the civil service, and went into his law practice, he should have argued for his pension, if in fact he was entitled to one. Pestina is an old man now but he is not dumb, what they are doing here is playing on the sympathy of the people. When we live in a none productive country where our dependency is on government such will forever be the…

    • December 12, 2016

      You like some others deliberately fail to understand. According to the law he is not owed a pension and that is the simple fact. If you are saying he is owed a pension show us where all the Governments from 1994 to now made an error calculating the numbers related to Mr. Pestina employment.

  15. Tony
    December 10, 2016

    Hello and good morning my people. Well Mr Pestaina is receiving payments from social security because of his age and that’s money was deducted from his pay check so it’s not technically a pension. Now he should be entitled to a partial pension based on his thirteen years of service as a Police Officer but being that he’s sick with some sort of cancer our Government should cover his medical bills. Also why can’t they provide a phone number or a link where people like me who wants to help financially can make a contribution .

    • anonymous2
      December 13, 2016

      The reason is that there is too much jealousy and wickedness in the people in this country. They like to see other people suffer. You can probably call the hotel for information on contributing.

  16. Truth Be told
    December 10, 2016

    What is wrong with saying the Government of Dominica? Roosevelt Skerrit administration to Roosevelt Skerrit and Cabinet, what is wrong with saying the Government of Dominica?

  17. Karma
    December 10, 2016

    If he worked 14 years as a police officer he was entitled to a gratuity, which he got. at 65yr he then qualified for social security pension which he is receiving. As DPP he worked on contract . He is not entitled to pension. He could have continued paying towards social security to increase his pension. Hate the dog but call its teeth white. The AG is right. Secondly KARMA is a B. The two children that got murdered by their mother in mahaut were crying out for justice. and they never got it. Instead someone assisted in getting the mother to canada while on bail. lesson learned . The evil that you do no longer leave after you , it leaves with you. Ask those two kids for forgiveness. Not calling Name.

    • The Truth Be Told
      December 11, 2016

      Do you know the saying, “Every doggie has its day?” This is a lesson for all, in words and deeds. Nevertheless, we must be compassionate. Whatever he is entitled to he must receive. If he needs help it should be given to him. We let God be the judge.

  18. PROFESSOR
    December 10, 2016

    These two morons can spin this every which way but the fact remains, Mr. Pestaina is being denied what is rightly his! This is repugnant what this administration is suggesting! Mr. Pestaina will not bow down to you despicable sloths. With the support of the people he will fight this regime And come up victorious! It’s time we all stand up to these cowards! Enough is Enough!

    • RC
      December 12, 2016

      But “Professor” Mr. pestaina, a well known supporter of the UWP had all the opportunity to press his case before the UIWP tribunal back in 1995-2000. You forgot his case started since in the time of Mamo. You may now even know Mamo. After Mamo came Eddo (a friend of Pestaina), then came Rosie Douglas, then Pierro. In each administration, the successive AG’s, including the AG for the UWP agreed that the re is not case to answer. In case you forget, Pestaina is a lawyer. The question is why, after all those years (Freedom party is out of office for 21 years now) has he not filed a case to press his interpretation of the law? Today, he claims that Skerrit does not like him. I did not hear him say Eddo did not like him when he was not paid “his pension” during Eddo’s time on the stage.

      • PROFESSOR
        December 14, 2016

        you are just as moronic and have no idea what you are talking about!

  19. December 9, 2016

    but sir you getting Social Security an I know the government is Paying you hospital bill Come on Mr pestina . so when you live the police diding they give you a check for your service?

  20. curlygirl
    December 9, 2016

    how long must one serve to qualify for pension under the police pension act? IT seems so odd that 38 years isn’t enough. Maybe this should be amended.

    • Tony
      December 11, 2016

      To: Curltgirl

      He served thirteen years as a Police Officer then he went to Law School. He returned and was in private practice as an attorney then as a prosecutor under contract with the Government . He did pay into social security for which he is receiving payments. He don’t qualify for a standard pension under the pension act. Also he’s an Attorney therefore he should know the law and I Know that he represented my cousin who was a teacher in regards to her pension after she retuned from studying in Trinidad.

  21. GOD IS Watching
    December 9, 2016

    Levi…let’s do the maths…….Pestina was in the position for 14 years appointed….he went to study still as a police officer for six years. He was granted study leave with pay. This allowed him his twenty years of service in the police force. Doesn’t that entitle him to his pension and other benefits as a serving police officer Levi? Levi Peter are magwaysa….don’t you think in your conscience you should tell skerrrit to do it RIGHT???????? your parents may be turning in their graves to see what you are doing to human beings after your grow up in a christian home in Zicack in Portsmouth…..I wonder how you sleep at nights…….Just remember SICKNESS is NOT FOR ONE SET. WE know how to pray and we will do SOOOOOO until GOd intervene and set this country free. Levi Peter TIME WILL TELL ……WE NOT GIVING UP ON PRAYS

  22. mike
    December 9, 2016

    invest young people save all them big positions and begging today invest in a future young people
    :lol:

  23. December 9, 2016

    Police in Dominica take this as a lesson ,,your turn might not be far.

  24. shay
    December 9, 2016

    Atleast they clarified this. He did not work long enough for government to get their pension. And they are willing to assist him still…I hope he humbly takes the assistance.
    We can’t get mad guys, because if they give him Gov’t pension even if he did not work long enough for them, they will have to start doing it for all.

  25. free
    December 9, 2016

    We want to hear from Social Security themselves, Let them explain please,

  26. BLACKJACK
    December 9, 2016

    Its is sad that politics has evolved so much that, it is in comparison to a life support machine. I would want to believe that with an individual with such magnitude, the GOVERNMENT must have been aware of the individual case long ago. My only concern is why when assistance is needed with health or any other matter for some individual from the government, a flair of disgusting opinion radiate the airwaves.
    To assist Mr.Patrick John, Mr.Pestina ………..
    When Charlo was ill NOT a word on the street
    When Reggie was ill NOT a word on the street
    Its about time WE quite all these petty political games with legality and tricks in the books to assist those in need.

  27. Sylvester Cadette
    December 9, 2016

    Now this is very good. Always clarify as concisely as is possible. Four days ago this is exactly what I suggested in my comments: my exact words were “If there is a reason at least tell him”. https://dominicanewsonline.com/news/homepage/news/human-interest/pestaina-baffled-by-non-payment-of-pension-group-forms-to-assist-him/.

    I had also stated in those comments five days ago that the issue here is to investigate what went wrong, outline concisely what the legal issues are and have effective lines of communication.

    I have come to realize that a number of issues in Dominica that play in the public domain are in fact easily resolvable issues. But the egos of all parties or persons involved are often so big that simple communication becomes a war of attrition. …this is a legal and moral matter. The relevant authority should address…

    ONE must Commend the AG Peters and Minister Blackmore for doing just what I outlined above – investigate, outline legal issues and communicate.

    • Sylvester Cadette
      December 9, 2016

      There is another more pressing matter though that may require serious consideration for legislative reform. From what I am gathering he served in the Police Force which is encapsulated in the Public Service (though governed by separate legislation-Police Pension Act ) but that he did not serve long enough under in the “Force” to be rewarded under the Police Pension Act. But he continued working in the Public service.

      Here is where legislative reform may be needed – to address a scenario where one, working in one Government Ministry or Department or Organization or Agency and moved to, or transferred to, or seconded to, or contracted to another Government Department or Organization or Agency (that is not quasi-governmental but fully Governmental in function and operation), that their service in that new Government Department or Organization or Agency by virtue of their being moved to, or transferred to, or seconded to, or contracted to that said Department, Organization or…

      • Sylvester Cadette
        December 9, 2016

        ….or Agency be seen and accepted as a continuum of service within the sphere of the Public Service.
        in the past people held most positions and moved vertically until they retire. Therefore it did not matter then. These days people tend to move vertically or horizontally within organizations with wide structures ( that is to say with multiple Departments or Organizations or Agencies).

        There should be legislative reform to address this such that if someone was working in one department for five years before becoming a Fireman, Policeman et cetera, or vice versa then they are facilitated by harmonized legislative reform.

        It is something that our law makers, Labour Division Trade Unions (if they still exist and are viable :) ) and Civil Society could discuss and address to find the best legislative approach for harmonized legislative reform.

        The Public Service Commission can take the lead to request the AG’s Office to explore such legislative reform.

      • The Truth Be Told
        December 11, 2016

        Sylvester, in simple terms. in this case, those years of service should be transferable.
        I hope the government considers this and make some changes in the future.
        Dominica is progressing and so should its government policies and principles.

  28. Magic Fingers
    December 9, 2016

    I calculated the years he served with the Police Force. It is more than 10 years, but it is not CONTINUOUS years….that is the key word here…CONTINUOUS.

    Any time you break your service whether it’s to study or otherwise, you are in effect breaking your contract with the Government.

    Ask anyone from the Audit department to explain it further.

    • The Truth Be Told
      December 11, 2016

      But then when he returns what happens? His previous years of service should be taken into consideration.

  29. Vaffanculo_PM
    December 9, 2016

    Dem fellas enjoy seeing people beg them like they are the high and mighty hear dem,”Roosevelt Skerrit administration is willing once a special case is made to consider that matter on compassionate ground”. I thought Dominica was a christian nation, must be in stopping Tommy Lee only.

  30. Tollock Grimes
    December 9, 2016

    Dominicans, don’t shoot the messengers. Levi and Blackmore have NO power. They are lackeys -just saying what they can say, or have been told to say by our Lord and Master, the Honourable Dr. Sir, Roosevelt Skerritt.

    Who gives a monkey’s f*art that Mr. Pestina technically may not be entitled to a pension? Here is a deeply honourable man (not like some people we know) who has served his country faithfully and well in senior public office and we are just letting him die when it is in our power to save him?

    No, that is not right.

    Unless, Sir Skerritt commits to paying for all the chemo that Mr. Pestina needs, I will be personally calling all heads of Dominica public service departments next week and DEMAND that they immediately go on strike in support of Mr. Pestina.

    This has gone too far. We have the money, Remember, we GAVE AWAY $200,000 or so to the BAHAMAS to help them rebuild after Huricane Matthew. THE BAHAMAS!!!!! Give Mr. P the money NOW!!!

  31. Shaka Zulu
    December 9, 2016

    The law is the law. If Pestina did not meet requirements according to the Law then the government owes him nothing else. I agree with blackmoore and AG for once. He is a lawyer and should know better. People must take this as a lesson to put thier crap together and not wait till that time to think about retirement and hard times. Again I feel for the guy may the good Lord be with him.

  32. Bense crew
    December 9, 2016

    All of this discussion should be taking place behind closed doors, how low class!!!

  33. LA men choise
    December 9, 2016

    We all need help when the need arises but we can’t be wrong and strong. If he had a case he would have run to court long time like he did the first time.

    • Give the Man the Money!
      December 10, 2016

      Boie,

      If our leaders were white men, this brave and honourable man would have gotten his just desserts a long time ago.

      Dominica is independent from its white masters, but in reality it has been taken over by monkeys.

      GIVE THE MAN THE MONEY, NOW!

  34. MWEN
    December 9, 2016

    This is one of the reasons why Dominica’s main export is brains(professionals). You are made to beg even after working 40 years for the Government. Where else in the world can this happen.
    When others see that the minister is telling the man to go down on you knees and come beg us now…
    What a shame. Beg people who are not even worth a bell boy’s job…

    • DA girl
      December 9, 2016

      The issue is not begging. The issue is that he says that he is owed pension, whereas records show that he is not entitled to the pension he is claiming. He was also paid his gratuity in full.

      On the matter of assistance a lot of people think they are ‘owed’ something by the government of the day. This is not to say that they don’t deserve some form of recognition or appreciation for years of service. This is just to say that what we are all owed by the system are salaries, gratuity and pension. It’s just like a company is not obligated to pay bonuses at Christmas, but so so out of courtesy or compassion or whatever reason. If an employee is sick the company is not legally obligated to pay for medical expenses unless it was as a result of work injury, but may assist at the request of the employee or may offer to assist out of compassion. It’s the same for the state.

    • The Truth Be Told
      December 9, 2016

      Some of you make some statements which are outrageous and way out of line. Think beyond and utilize your common sense if you have any. Do not twist and turn what was stated. You are over-stating it. This means, you are exaggerating.
      Look at the situation realistically. You read what the AG said, “on compassionate grounds the PM will be willing to assist him.” This means, as in other cases where others are in need of help.
      Mr. Pestaina did not ask for help or probably do not want to ask for help. He has pride and he may feel it is debasing. Therefore, he was hoping he was entitled to a pension to use this money for his medical treatment.
      Mr. Pestaina is not begging them. They are not expecting him to beg them and they will not make him beg them. OK!
      No one wants to be sick. Our day will come. Let us wish Mr. Pestaina all the best, that he gets assistance and, may he be healed.
      Let us pray to God for him. It is an act of love for a fellowman.

    • December 11, 2016

      with the recent passing of Fidel Castro it ought to be clear to all who read/know the history of Cuba is significant.We need a revolution of that nature in Dominica. However, all those who were left in the 70’s 80′ and 90’s to a lesser extent have rotated died, 2 poor or 2 reach ( running gas stations mini-marts, those who have become hoteliers land owner new gentry lol1 to continue the struggle and have resigned since discovering $ be it from positions ej on all the boards, passport sales fronting be it as property owners 4 politicians drug dealers etc ,etc( add urs readers)
      I will end hee until next dose tomorrow.

    • My 2 Cents
      December 12, 2016

      your certainly not part of the brains export you refer to.

  35. Real possie
    December 9, 2016

    I said nothing wrong you passed my comment and let a few after mines through?

    • DNO SUCKS
      December 10, 2016

      Yep, DNO sucks big time. They pretend to be a ‘free press’, but try to get anything negative published about the Roman Catholic church and people like that….. no way Jose!

      Disgraceful!

  36. December 9, 2016

    hmmmmm….I await Mr Pestina s’ response now

    • Concern citizen
      December 9, 2016

      After working for 38 yrs. in the police service, why are they not owing him, they just said that they are not owing him then tell us why he isn’t entitled for a pension and or gratuity then we can close the case

  37. good news
    December 9, 2016

    if he did not serve long enough he should know . there is consideration for sick leave when calculating the number of years one work for in the service. maybe we do not have all the information from either party. this should not be a public issue but we.ve become so political we make everything about colors. What a shame.
    Let’s hope the matter is clarified and he gets some form of assistance.

  38. December 9, 2016

    Pay the man, he is entitled !!.
    Mr. a.G. What is he entitled to?

  39. The S7 - i will blow up in your face
    December 9, 2016

    Seems Pestina wants a pension for being a police and another for public prosecutions. Peter needs to spell out the qualifications instead of playing highty tighty with the info. IT is a public matter now so let the info about the qualifications be knows to all including Mr. Pestaina as he doesnt seem to know either.

    • December 10, 2016

      Properly explained, HE DID NOT WORK LONG ENOUGH TO QUALIFY FOR PENSION. That is what governments have been saying for the past 20 plus years.This is simple maths. To believe that Police Commissioners, Establishment staff, several Attorney Generals, and the Audit staff could get this simple maths problem wrong is impossible. A quiet visit to the red clinic is recommended.

  40. Yinka
    December 9, 2016

    Did you read and not understand the written word…please read the article again…ask somebody to explain to you!

  41. Noreen
    December 9, 2016

    O.K if you work for the government doesn’t
    matter what capacity aren’t you entitled? The
    government is the government. Social security
    is a different matter. That’s your money you
    paid into, that’s not a pension.

    • December 9, 2016

      It doesn’t work like you think.I work for 27 years as a civil servant I had a contract to leave at 45.I left at 42.i did not complete my contract.Do i get a government pension? No.I broke the contract.I got my gratuity and I am getting my social security pension.This man did not serve continually and he knows that.Dominicans don’t pay into Government pension what the states call 401k.Pestina knows the laws and he needs to stop making people feel sorry for him. I am not labor but the law is the law.Grovel on your belly if you have to Beggers are no choosers. You are already grown so I won’t say grow up.In the states you have to pay into a pension plan.but in Da it is given to people if they qualify. He doesn’t qualify for a Government pension because if did not serve continually.Other words he left, came back,left again and came back.Thatis not continuous service.Eduacate yourself people.

    • Informant
      December 10, 2016

      That is not the case. When you work for the government within a particular area, if you move to a completely different area of government service it is like starting all over. If he had held various positions in the police force then it would have worked out just fine. I just pray for his health and recovery.

    • December 10, 2016

      You only qualify for pension after working for 20 continuous years that was the law then. Now govt no longer pays pension, govt workers like all other workers receive a monthly pension from DSS upon retirement. They also receive a gratuity if they worked continuously for ten years or more.

  42. Doc. Love
    December 9, 2016

    I have a problem with the AG statement. The man has been a lawyer and Attorney General in Dominica for many years. He has been employed in other Caribbean Countries as an Attorney General, is Levi telling us that Mr. Pestaina is so damn dumb, that he does not even know the laws of Dominica pertaining to pensions or he is wicked to request something that he fully knows he is not entitled too.

    • Informant
      December 10, 2016

      Being a lawyer does not mean he would know everything. But for the position as Director of Public Prosecutions, since he did not serve 10 years, he would not qualify for gratuity. In Dominica that is the requirement except for persons hired under contractual conditions that specifically speak to a gratuity arrangement.

    • December 11, 2016

      Get your facts right he was never Attorney general please read the statement again he was an attorney which means he was a lawyer.

  43. “After serving 38 years and 3 months in public service/ law enforcement in Dominica, Pestaina believes that he is well deserving of his payment.”

    You see sometimes as educated as we are we make blunders, you may be in a position working for the government, however if you were under a contract, and not an actual civil servant, there cannot be any pension!

    Even none-established workers are not entitled to a pension, Pestina should have known under what condition he worked, and saw to it that there was something for him at the end of his tenure! You see there is a difference in a contract employment, and an appointed long term position. Foreign judges works all over the Caribbean some for short and some for long periods, I don’t believe they get a pension from all the government’s they with.

    If his was politically appointed, he is not entitled to a government pension!

    • Concern citizen
      December 9, 2016

      What pension is he asking for, is it for being a Police officer or as the DPP which one of them because they don’t usually employed police officers as contracted workers

    • December 9, 2016

      Francisco,in DA even if you have a contract and keep it to the end you still get a government pension.I work under contract as a civil servant. In fact I was a teacher in DA .My contract was suppose to end when I reach 45 but I left when I was42. I broke contract .I do not get a government pension because i broke the contract.but I get social security pension.

      • That in the quote is confusing and has confounded me; and I must say “only in Dominica,” because one definition of the word contract is this: a business arrangement for the supply of goods, or services at a fixed price. If I sign a contract with you for X amount of money to build a house if the amount you agree to did not complete the job you are liable, and cannot demand more money from me to complete the job!

        A civil servant is a member of a civil service, in the administrative service of a government, one in which appointments are determined by competitive examination. It appears to me Pestina was commissioned to act in a prescribed to perform prescribed acts as a public prosecutor, which usually political appointments. Example: Dominica born Justin Simon was Attorney General of Antigua, appointed by Baldwin Spencer. Spencer lost the last Election.

        Immediately Simon was out of a job; do the Antigua government owe him a pension? Absolutely not!

      • The following is the quote which has dumfounded me!

        “In fact I was a teacher in DA .My contract was suppose to end when I reach 45 but I left when I was42. ”

        I do not know how old you are, but in the colonial British days the retirement age in Dominica was 55 years, since independence it has risen; in the colonial days after twenty years in the civil service, teacher, police officers became legible for their pension, though they did not receive the full amount until they became fifty-five years old.

        It is puzzling to me that you could have been a civil servant in Dominica working under a contract!

        Now I would assume let’s say you are qualified to teach calculus, or any other high level discipline and you had to be recruited to teach that subject, I would believe a contract could be in order’ but I never heard of teachers, or any other civil servant working under in Dominica.

        Your situation is a first I’ve heard off!

      • December 11, 2016

        What you talking about seems confusing. If u are a government established worker, u could take early retirement at 45 but start receiving pension at 55, that was when govt was paying pensions. If u left before 45 u would only received gratuity if u worked for 10 or more years continuously . This is not the type contract that is been discussed.

    • naknak
      December 12, 2016

      First time i hear and see you talk sense.. bon francisco etienne-dodds telemaque bon.. i am giving you 4 hams and 4 turkeys for d season :mrgreen: :mrgreen: :mrgreen: :mrgreen: :mrgreen: :mrgreen: wooooosh .. well said my guy…… hehehehehehehehehehehe. woi mi bagai enh francisco???? alay poor ou.bravooooooooooooooooooooooooooooooo :lol: :lol: :lol: :lol: :lol: :lol: :lol:

      • Well, this time you paid attention to what I wrote, so you were abele to see the sense of it all. Maybe all the other times you read me, you were only looking for a cause to give me thumbs down.

        I advise you to research anything you read from, and I am certain you will find something to substantiate what I write. Now when your where I am hammering Skerrit, don’t bother to research, that is local politics, but trust me I can educate you in a way that you can debate the best of the best!

  44. Dominican
    December 9, 2016

    I suspect comments will be scarce here

  45. Business Minded
    December 9, 2016

    To Blessings: Though out of relative context Democratic Dictatorship Defined. Click on the link if DNO allows it

    urbandictionary.com

  46. SN
    December 9, 2016

    Could not DNO have published the applicable pension laws the AG has referred to so the public can read and verify the position taken by the AG?

  47. cold hard truth
    December 9, 2016

    What his getting obviously smfh

  48. lovebird
    December 9, 2016

    The bad you do will come back and hunt you @LEVI PETER. ………………Wicked SOULS. Poor man has to suffer like this.

    • December 9, 2016

      Also Blackmore, wondering why his face is so clear and underneath his neck so dark, just an observation, one thing for sure, KARMA is a ……

    • zandoli
      December 9, 2016

      You are talking as if Pestina is a saint. You may not be old enough, but I am, to know what sort of person Pestina was as a cop. Granted he was not the only cop that misbehaved (and I am being generous here), but he was part of the group of cops who were not nice to people who they came in contact with.

      The things these cops did back in the 1970’s would draw criminal charged today.

      I don’t wish him any harm, but don’t come here throwing rocks when you only know half of the story.

  49. Anansi
    December 9, 2016

    Show some sympathy please! Mr. Blackmore, I don’t understand your statement. Mr. Pestaina is already requesting assistance, be it on compassionate grounds or at least to grant him a portion of his police pension. Try to put yourself in his shoes Mr. Blackmore. It is not a nice thing to be strapped for cash when you are facing a tsunami of medical bills and doctors’ fees. If legally, he is not entitled to what he states he is, create a one off fund probably from CBI proceeds or similar source to meet his costs. Show some heart you all, it could be you one day.

    • My 2 Cents
      December 9, 2016

      I sympathize with Mr Pestaina but if they have to bend the rules for one then they have to bend it for all. Another thing is the way someone approaches something can determine the outcome. It’s about time Dominicans smarten up and stop making that brain dead UWP party use them for their personal gain especially since they don’t care about the people they use. Take care of your business yourself. UWP clowns turn everything into a daybar. If UWP was so concerned about the man like they trying to make us believe now, why didn’t they settle Mr Pestaina pension matter when they were in government.

    • A. George
      December 9, 2016

      isn’t that what he is doing??

  50. strange
    December 9, 2016

    Mr. Pestaina should know what he is entitled to; he knows the laws.

  51. R. Linton
    December 9, 2016

    Happy to hear that the authorities are willing to assist Mr. Pestina. If he is not qualified for Police pension for not meeting the required threshold, then so be it. But putting politics aside to help a human being in need, is the right thing to do…It is clear that the authorities were pressured into making this decision on humanitarian grounds but I must give thumbs up to Min Blackmore for finally making this decision. I love when GOOD WINS

  52. A. George
    December 9, 2016

    paka tan more info later…. DNO wanted to be first… tp “break” the news

    • The Truth Be Told
      December 9, 2016

      :lol: :lol: :lol: :lol: :lol: :lol:

  53. Optimist
    December 9, 2016

    Is he entitled to a gratuity?? let be clear on that and no petty gaming please.. That sounds strange to be that Pestina would have tainted the image of the state knowing quiet well that he was not qualified for these requests.

  54. December 9, 2016

    People need to safe something for later days. People tend to waste their money on material things and live for today only not realising there is retirement. I an encouraging everyone who is working to join the MRA at the Credit Unions so this money could go to their retirement Plan.

  55. The truth
    December 9, 2016

    Ok, DNO give us the full story to put our minds at rest. Give detail of his years of service and studies so we can make the correct decision. Thank you so much. Waiting patiently.
    So that we can take a page from this lesson.

  56. DA4real
    December 9, 2016

    “Mr. Pestina is not entitled to a pension of the nature he asserts he is entitled to.” Ok so what nature is he entitled to?

    • Eric
      December 9, 2016

      “But Peter said Pestaina is receiving a pension under the Social Security Pension Act.”

    • Just Saying
      December 9, 2016

      Maybe to enjoy the “Nature Isle of Dominica” until he dies ?

    • Real possie
      December 9, 2016

      Blame DNO for bringing out a story prematurely, instead of waiting a few more hours then give the whole news. Or could be you who missed the the point they made saying they will give more reporting on the news? Let me help you a little, when he went to court for wrongful termination he won and was awarded over three hundred grand, so he got both at the same time he got his retirement included with fired pay. So if they start giving him retirement again he would get it twice. The next part is he has nineteen years of service as a police but he took five years off on personal leave, and you need twenty years for paid retirement. It is sad to see him play this now when this problem started from Freedom days, they told him the same thing, under workers they told him the same thing. It’s under this administration he is more vocal, is it because their fence is very low?

      • mine
        December 11, 2016

        I love this comment you are so right.

      • December 11, 2016

        They drink the coolAide, and scared to hell. Undeerstandably so the have to eat. only in Dominica! lets see how they treat this one. not be published? Why?

    • dayandnightvision
      December 9, 2016

      The Dominica Social Security Nature. Didn’t you listen?

    • budman
      December 9, 2016

      if you read the article you would have realised that he is entitled to social security pension which he is currently receiving. sadly, we are not a reading public

    • Dominican
      December 9, 2016

      Social security which he is getting

    • kingman
      December 9, 2016

      the one he is currently receiving as mandated by the social security pension act!!!!!

    • December 9, 2016

      He is not entitled to a government pension. period Just as I am not entitled to men but I get social security pension

    • The Truth Be Told
      December 9, 2016

      If he had used the word “magnitude” rather than “nature” would you have been satisfied?
      I think the AG was very careful about what he stated so as to avoid criticisms, misunderstanding and misinterpretation but some of you criticize him all the same. Can’t please some of you.

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