Justice Brian Cottle leaves Dominica

Justice Brian Cottle Photo credit: Carlisle Jno Baptiste
Justice Brian Cottle (right) with AG. Registrar, Ossie Walsh
Photo credit: Carlisle Jno Baptiste

Four years after being assigned as the resident high court judge in Dominica, Justice Brian Cottle, has been transferred to Antigua.

He will leave Dominica over the next few days.

According to reports, his replacement in the civil court, will be Justice Errol Thomas.

Justice Cottle’s tenure in Dominica has had its moments of controversy and some of his decisions have been criticized by some members of the general public and the opposition United Workers Party (UWP).

In a court matter challenging the nomination of Eluid Williams as President of Dominica, the judge, who had recently sworn in President Williams, represented the Chief Justice who was unable to make it to the court hearing.

During the proceedings, he asked the UWP lawyer if they wanted him to remove him-self from the matter and ask for an ‘outside’ judge, to which the lawyer, Gildon Richards, agreed.

Questions also arose about Justice Cottle’s social life in the context of his expected impartialiaty as a judge. The Eastern Caribbean Court of Appeal used his weekly Friday appearance at the the Garraway Hotel as the basis for upholding an appeal against one of Justice Cottle’s decisions, ruling that the judge’s social activity at that institution can be perceived as “bias.”

However, retired Director of Public Prosecutions (DPP) Gene Pestaina, has worked with Justice Brian Cottle and pays glowing tribute to him.

“We have had a very amicable working relationship. For a judge I have found no fault with Mr. Cottle, his private affair ought not to be the concerns of persons at all. Somebody must live a life…its equally unacceptable to go 8-4 and then go in a house and close your house and never go out at all,” Pestaina stated.

Pestaina sated further that to be confined to a house with no socialization is bad. “You must get dumb and uninformed and no one who is replacing him will be subjected to a closed house in Morne Bruce or a hotel room,” he said.

The former DPP regards the outgoing Judge as being “sound in law.” “He is very sound in law and I don’t think he has to change his personal habits to suit anyone. I am now getting ready for private practice and I am looking forward to working with whoever the new judge will be,” Pestaina said.

A special court sitting is expected to be held in Justice Brian Cottle’s  honour and members of the Dominica Bar Association have been making plans to bid him farewell.

Justice Brian Cottle (right) with Brian Meade (left) and Brian Alleyne
Justice Brian Cottle (right) with former Justice Brian Alleyne (center) and Brian Meade

 

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43 Comments

  1. August 8, 2013

    FINALLY! I getting a chance to run that KARIOKE machine

  2. alllllay
    August 7, 2013

    bye bye bye am not sad it was about time

  3. John Paul
    August 7, 2013

    Admin have the white gloves out the comments about the judge.He wont even let me say that there is better entertainment in Antigua for the Private enjoyment of the Judge.
    As for the former DPP He wants to be sure to be accepted in the Big Boys Club some day so He has to be careful what He says .

  4. PAX
    August 6, 2013

    GOOD RIDDANCE!
    :-D

  5. "O" STRESS"
    August 6, 2013

    Thanks for you service judge, and take the good memories of Dominica with you where ever you go there will never be another country like Dominica.

  6. Anonymous
    August 6, 2013

    Never realized that Justice Cottle is such a handsome man. He looks so relax in that pic with his smile. He’s always so serious at the court, he needs to smile more!

    • Hello Dear
      August 7, 2013

      Completely agree that Chief Justice is more handsome when he smiles… I didnt know he was capable of it…
      May God bless him and be with him as he moves on in his career.

  7. Fouchette
    August 6, 2013

    Brian to the third power.

  8. 100% dominican
    August 6, 2013

    Justice Cottle was a judge who was lenient and socialized with everyone but people think he was too friendly for a judge. Here comes Justice Errol Thomas. I am already starting to feel sorry for some persons who have cases before the civil court especially the lawyers who don’t take pride in doing clients work, filing documents minutes before the case, not preparing adequately for trial and there documents are not properly filed before the court. don’t know how to address a judge. and the lawyers who usually blame the Registry Department for their mistakes only to find out is the lawyer who did not file a document or present a document, or file the document late and it did not reach the file in time for court. your time has come. Cottle is there no more, time to pull up socks. it is not all about the robe and the five years of study, it is about providing a service to your clients without your clients feeling robbed or feeling like he/she was not fully represented.

    it is time the government work on passing the Legal Profession Act.

    • Papa Dom
      August 7, 2013

      If they are so bad why do you feel sorry for them?

  9. Volunteer
    August 6, 2013

    I really want to pray that the next judge is not as BIAS. Judge Cootle you didnot do Justice to my matter that came before you. I am not sure if you ever found the time to go through my file BEING TO Bz swimming with the fishes but I certainly hope that the Father spears you that you never do this to someone else again. GOD IS GOOD!!!!!!!!

  10. Free Thinker
    August 6, 2013

    Thank you Lord, Glory to God, God is Great!!!

  11. stupes
    August 6, 2013

    A KARAOKE JUDGE spend more time socializing than writing decent judgment paying attention to substance but I guess the mike/girls were more important.

    We have seen better we have had better.
    Justice ERROL THOMAS welcome. I am so happy for that long awaited departure.

  12. Pro
    August 6, 2013

    Good riddance.

  13. D N
    August 6, 2013

    Am wondering if he is taking his ride with him or if he will have it for sale. It did make an impression on me.

  14. Lil Bo-Pip
    August 6, 2013

    Let’s bid him ‘far-be-well.’

  15. yo
    August 6, 2013

    whos going to run the kareoke

  16. !!!!
    August 6, 2013

    Thank the Lord

  17. 123
    August 5, 2013

    good riddence

  18. Justice and Truth
    August 5, 2013

    The former DPP is getting ready for private practice as it is stated. As I have previously stated, this case will not go away for it is not completed. I cannot help but think that he allowed Sarah Lyn Augustine who murdered her two children to get away with those murders. What type of future attorney will he make?
    The DPP could have had discussions with this Judge and others in authority prior to making the decision not to pursue her case while she was out on bail and allowed her to leave Dominica for Canada.
    Due to this, it is still an open case; not a closed one. If this woman returns to Dominica, she should be immediately arrested to stand trial. Should this occur in especially the near future, I suppose he will represent her.

  19. Proud of PSS
    August 5, 2013

    Good riddance …and not even from the civil court but the criminal courts … Justice Cottle seemed too aloof to me !

  20. him
    August 5, 2013

    Who wants to hear what former DPP has to say.
    Stuppessssssssssssssssssssssssssssssssssssss….

  21. __________________
    August 5, 2013

    It was about time.

  22. St. John
    August 5, 2013

    good move sir,don’t look back.god did you a big favour enjoy with thanks.god bless

  23. Anonymous
    August 5, 2013

    Justice Thomas nah joke, he go fix them up.

  24. William
    August 5, 2013

    So by he going to Antigua his public life will continue more social activities, it is worst in LA.

  25. Anonymous
    August 5, 2013

    at last thank god

  26. Anonymous
    August 5, 2013

    I am sure he is just thrilled to be leaving. Best of luck in your new posting .

  27. John Paul
    August 5, 2013

    Goodbye Judge ,enjoy your new location,much more opportunity there for good private entertainment.

    Now let us scrutinize Your replacement.

  28. None
    August 5, 2013

    Good riddance Cottle.

  29. Sam
    August 5, 2013

    Was about time he was too involved.

  30. marion
    August 5, 2013

    all top pros in management are familiar with the saying its lonely at the top the ex dpp knows that.astaphan boasted that he jogged with jude baptiste, you expect to win a case? cottle jamming at garraway had nothibg to do with management. let him refute that.

  31. COUNTRY LOVER
    August 5, 2013

    good riddance go lang!!!!!!!!

  32. Yan
    August 5, 2013

    good ridance

  33. N LAW
    August 5, 2013

    very wise judge

  34. Marcus Hill
    August 5, 2013

    Good Riddance!!!

  35. mee1
    August 5, 2013

    hope he can write a book about the justice system in Dominica or the lack there of.

  36. taypumoh
    August 5, 2013

    Hopefully we can get someone who is neutral and free from passion.

  37. rescue 911
    August 5, 2013

    bye brian. we will not be missing you

  38. Washay Pwel
    August 5, 2013

    Sorry but the former DPP did not as a rule practice in the Civil Court.

    • lol
      August 5, 2013

      ahh washay pwel.(how did you come up with that name)lol.

    • Really
      August 5, 2013

      Genius, Justice Cottle presided over numerous criminal matters before Justice Stephenson arrived and when on occasions the Court of appeal ordered retrials or when she recused herself. The murder in Pointe Michel by the siblings was presided over by Justice Cottle. The re-trial of Denny Shillingford was done by him. So Mr Pestaina is well placed to characterize Justice Cottle. Oh, and did I mention that they went to law school together for 5 years?

    • playboy
      August 6, 2013

      Excellent point!!!

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