Laws to “frighten the daylight out of anybody” who considers stealing state assets are needed to restore integrity in public office in Dominica, Magistrate Tiyani Behanzin has said.
Delivering a lecture on the legacy of his father Rosie Douglas on Friday evening, Behanzin said the penalties imposed against corruption are not stiff enough.
He spoke against the existing legislature, which he said needs to be revised.
“A person who commits an offense under this part is liable… to a fine of $25,000 or to imprisonment for a term of 10 years or to both such fine and imprisonment,” he said.
“So what, if I’m going to steal $2 million who cares about $25,000? Who cares about 10 year’s jail? 10 years jail in Stockfarm is three years or four years. That’s all it is… That’s complete nonsense. That doesn’t stop me from corrupting my colleagues and my friends to help myself with state assets, it does not and we should not fool ourselves. It does not help us to protect ourselves….,” he said.
He noted the penalty for the summary offense: a conviction carries a maximum compensation of $10,000, while matters related to tax stands at $30,000.
“So for drugs you can pay millions of dollars, thousands of dollars, but for stealing state assets, you pay $5,000 dollars,” he said.
He proposed a fined of $150,000 where there is evidence of financial benefit derived from bribery or an act of corruption. The fine could also be tabulated by multiplying the value of assets by three. In default, up to 20 years mandatory sentence or life.
“If we want to protect the assets of the state and make it unpalatable for those who have itchy fingers… if you steal money from this poor state you take your 20 years. On summary convictions… fine of $150,000 imprisonment for a term if no less than 15 years but not less than nine,” he said.
The magistrate said that the integrity act should be amended in a way to make such a profound statement that “just reading it alone would frighten the daylights of anybody considering even to help themselves to any state assets or any benefits or derive any connections that is unjust even if it is against our very survival.”
He told the gathering that corruption in public office was something his father spoke adamantly against.
He recommended the formation of a Truth Commission headed by the Bishop of Roseau under the Integrity Commission “to flush out those who have information on other people who may be in public life”.
He said that legislation should not only relate to those in public office but to private sector officials who facilitate or aid in stealing state assets. They would then be subject to the Integrity Commission. Their assets should also be seized, Behanzin said.
He recommended immunity be given to defendants who give testimony before the commission that lead to the conviction of or recovery of information that is likely to convict persons in public life.
“If you give info to the commission and hand back the assets then we will not prosecute you. That method is used as a means to flush out the big cats, those with elaborate schemes…” he said.
I have said consistently that our laws are archaic. Crime evolves and our laws need to be amended to reflect the evolving trends in criminality.
While we at it we should also put laws in place to punish power and money hungry lawyers and parties who try to claim and steal people land because they feel that the people who are present cannot defend their turf. When you falsify Wills and other documents to suit your case not knowing there are copies of the real documents, you should be punished for the those crimes.
Simply withdrawing a claim or case when you realize you have lied and try to steal but was caught with know consequences, is utter BS..
@Waitukubuli:
I wanted to comment on the Harmon and Mordecai post, to say that the news article above, has nothing to do with that story in the Bible, but I didn’t want to get involved at this time.
However I read that this young man is making a lot of sense with clarity and honest boldness. A people and its country cannot develop, neither to survive, without that kind of attitude. I agree with someone who said that we have to discern and deal with the negative and the positive, regardless of who or where they are coming from.
I am glad that you mentioned and explained the Harmon and Mordecai thing for those who may have been ignorant of it.
The Holy Bible is the Book of Life, the Living Word of God, in Jesus Christ–the Word of Spirit and Truth. That is the reason as human beings, we have to make certain that its Truth is revealed to us by the wisdom and understanding of God’s Holy Spirit, before we can apply it in our expressions, attitude, and conducts.
ok its not to take sides its to face facts the assets of the states is to be respected.and justice must be done in a more effectuve way
Wow Rosie Douglas is back
@Still Tongue:
Talk about hypocrasy?? can’t you see tht this magistrate has an agenda of a politician? He is a wolf pretending to be a sheep.
Like many others said, if you your loved your father so much then why change your name? You claim to be a muslim yet you’re asking for the Bishop??
Tiyani – Your father was a labourite. Do not allow yourself to be fooled and misled by the wicked opposition
@Anonymous: It seems like you know of some stones of our prime minister that you do not want over turned. Well it is so sad to see that you cannot tell when someone is speaking in general far less for when someone is speaking in your own benefit. Go wash the hypocrasity off your face and only then you will be able to coment on the issues that Mr. Tiyani is speaking about.
Keep on going lion heart for it takes someone like you to educate us all. Thums up Mr. Tiyani.
Is Tiyani the Government or the President, or both?
Isn’t it amazing? When you think Rosie is gone, he is actually right there? Man Behanzin, Rosie gone but another Rosie has emerged. I like his vibes. Confident, courageous and ambitious. Recipe for success.
To the one who made reference to Hammond and Mordecai. Harmon sought to kill mordecai because he did not bow down to him. Behanzin is not asking anyone to bow down to him nor worship him. He is merely standing for what is right. Seemingly, he cares more about the country than those ELECTED to administer it.
What I do not understand is when crime rate increases everyone talking about “lawlessness”. There he is advocating for justice, allu crying. Way papa D’cans. How can anyone please you guys.
Anyhow, those of you who pray, he (Behanzin) will need a lot of covering – take my word for it.
Father, increase his wisdom and protect him from all monitoring spirits. In Jesus’ name.
Why are we so blinded by partisan politics…..it does not mean that because we support the UWP or the DLP we should agree with all what they say and do. What the Magistrate said pertains to us all…public funds should benefit all of us and not be there to enrich a few greedy politicians. Take off your blinders..it is time for those in public office esp. ministers to declare their assets before they be given the opportunity to serve us. Ambrose George is a constant reminder of that…..stop playing party politics at look at the issues.
when we point our friger at someone for wrong doing, we dont look at our thumb which way it is pointing, at ourself. So all you UWP, DLP, and DFP. take a good look at you all seft.
@OCKRO: Ockro your Braine not functioning right.
it is so funny how we in DA are so quick to judge people when they speak the truth.this younge man is trully a rising star and represents all his father and uncle mike would want to be . he delivered a speach on the life of his father who was a politician ,shouldnt he speak about politics .why dont some of us stop sticking our heads up the politicians butts and start facing the truth . i say country comes first give this man the support he needs to make us once more proud of our country.
@OCKRO:
Are you a lawless person? Lawless people do not contribute to the good of society, do not enhance society and make the country an unsafe place to live. They are the ones who put fear into people.
If Behanzin is a magistrate do not expect him to say anything less and against the Dominican law in favour of criminals. Laws need to be upheld. The Dominican Law needs to be revamped. The punishment must fit the crime.
And what is his recent behaviour? What wrong has he done?
When reference was made to the late Rosie Douglas as being his father, I noted the resemblance. He looks like his father. I thought, “He changed his name. Why did he change his name and what was the reason for doing so?”
A child would be proud to keep his/her father’s last name, a person as Rosie who was of such prominence unless he did not want to identify with him, his last name. I suppose he had his reason. However, I am curious to know why he changed it.
i must say this guy i have so much respect for u , i was raised a laborite i think am still one
but am not blinded by my party if they do wrong i will say they did wrong no one is perfect
its like my kids if they are wrong i will say they are i love them but am not gona hide there fault
u dont have to agree with all mr tiyani has to say but he has more good to say than bad. to those
who have a problem with his name change if thats all that bother u then it’s a sad day for da
How on earth do you people not expect him to cover political issues when his father’s whole life was about politics. Our present people in government seem to be claiming on carrying on Rosie’s legacy. Behanzin who has had an extremely close relationship with his father knows what his father was about and was in every right to speak about the things that are going on now which are in no relation to what Rosie wanted. Rosie was a politician, therefore Behanzin has to speak politics. He could not speak of fishing, baking or shopping? This was not Rosie’s life.
Get away from the politics and personal vendettas and open up your minds Dominicans….Stupes!!
Innitially I was totally supporting Tiyani but it seems recently he has been led astray by someones political agenda and he has absolutely lost his way.He is being used by Political misfits to fight their battle and he is too blind to see that.Your Old Man must be turning in his grave when he sees that you are being manipulated by persons hell bent on destroying others peoples character.
It is like you have now realized your dad was a well loved man in DA and you are now usuing the ” peoples love” to put forward the agenda of those very persons who wanted to see the fall of your dad.
I am sorry but you should have showed reapect for your dad by keeping his name and then you would have more ground to stand on.
Beleive me I know what I am talking about and you should reflect on your recent behaviour and prevent yourself from being led to the Lions Den by failed poticians and their satellites
“As a rock on the seashore he standeth firm, and the dashing of the waves disturbeth him not. He raiseth his head like a tower on a hill, and the arrows of fortune drop at his feet. In the instant of danger, the courage of his heart is here, and scorns to fly.”
Go forth young lion…go forth. People who are timid and weak are not those who change the world. The true hallmark of a great leaders is one who stands for justice, and is unafraid to ruffle feathers in the name of change.
Just be aware of enemies at the gate – for they are not there to welcome you with warm embrace.
Look at the picture .. the same people that are up against the government are sitting with mouth wide open chewing every thing they get.
Tiyani Political view has already causing his judgment to sway ( One instance is the Business man from Portsmouth and the intimidation issue)
Tiyani got to make up him mind .. Are you a Politician or a Magistrate
In the bible, there is a story about a man named haaman, who suggested to the King a law that whoever disobeys the king should be killed in the gallows. Haaman was making that suggestion with one person in mind. … Modecai.He thought he had modecai well covered. Little did Haaman know, that he was the one who would be hanged on this gallow…and so his little plan turned on him (Esther chapter 5)
Food for thought.
Has never seen someone of good status fearlessly speak. At times im not sure whats the motive but I do know MARTIN LUTHER and others did the same. Im not a party person and i never will but certainly i admire this man couarge and boldness. I admire it most because most times ppl of this status fear victimisation and want recogniton from govt but apparently he is not like that. Dont get into politics and support absolutely no party however keep representing the truth as you are doing right now. WEll done. A perfect role model .I almost saw Martin LUTHER when i looked at ur pic.*tear*
I agree, we need to listen and give this man some more power. he is looking out for my country, that’s for sure.
Kudos to you sir…….I hope you can make this happen… I believe in you
Well said sir. It is time for this nonescence to stop. I am totally with you on these issues
I see that the good magistrate speaks from what was heard during a resent trial.
I wish we had two of you in Dominica. That is all we need. Fearless ones. Those who stood up against wrong doings. Those who striked back in 1979. Those who told then prime minister Patrick John ‘hell no’. Things are so glaring and yet no one does anything.
I thought this was to be some kind of lecture on Rosie’s life.
Tyani I said it yesterday and I’ll say it again. Please take off your feet up your rear.
Obviously Mr Behanzin, you have some kind of double agenda.
I’m sitting here thinking that you are in all ways trying to undermine the Prime Minister of Dominica based on ALLEGATIONS. Careful sir which stones you over turn!
mr need to concentrate on his job and keep his head out of politcs he a magistrate not a politition so when he be come a polition then he can come and talk politics other than that he should stay out
You are my hero Mr. Tiyani. Fearless, honest, impartial, courageous and a role model to every citizen of this blessed land. Your father is smiling down on you with admiration and unsurpassed satisfaction. May Jah continue continue to guide and bless you.