Martin’s lawyer says treatment unconstitutional: vows to fight to the end

File Photo of Cara Shillingford, lawyer for Atherton Martin

Cara Shillingford one of four lawyers representing former Dominica Labour Party (DLP) Minister Atherton “Athie” Martin who was  questioned by police and then arrested says that the behaviour of the police is a breach of his constitutional rights.

“I am extremely disappointed in what I am seeing there today. Three lawyers besides me are here to see Athie, based on his request, and they are being denied,” she said.

She continued, “Police officers dressed in army fatigue are preventing them from seeing their client. This is the first time in my years as an attorney that I am seeing this type of behavior. Regularly, I visit the police station to see clients charged with criminal offences – theft, murder, burglary or any crime – they are entitled to be represented by an attorney or attorneys of their choice. I have never seen an attorney prevented from entering the police department in representing their client.”

She added, “I am very concerned because it is a constitutional right to be represented by an attorney or attorneys of your choice. The police officers are being used by whoever it is to trample on the constitutional rights of individuals. The country is basically taking a turn for the worst. That’s what I am seeing.”

According to Shillingford, she does not believe the police have any reasonable grounds for arresting Athie. “I have asked the police and they are yet to inform me.  Some mention was made of incitement but nothing is forthcoming he has not been informed of any charge yet,” she said.

“The investigating officer is Inspector Janie Pierre [who] seems not to have any regard for Mr. Martin’s constitutional right. Everybody is entitled to representation. It’s a sad day for Dominica since the police officers are being used as puppets and we will fight them to the end,” Shillingford declared.

The other lawyers, Gildon Richards, Julian Prevost and Joshua Francis, were eventually given access to Martin 45 minutes later after agitating outside police headquarters.

Meantime, Police Chief Daniel Carbon has released a statement saying that the protests held on Saturday and Monday by the Concerned Citizens Movement (CCM) were “unlawful.”

“The leaders of the CCM know very well that they must apply to the Chief of Police for permission to hold a lawful protest action or demonstration as stipulated by the Public Order Act Chapter 15:01 of the law of Dominica 1990,” Carbon said.

The Chief of Police went on to say that he did not receive any request from the CCM to hold any demonstration or protest action.

“These protest actions were unlawful. They had no permission. The Commonwealth of Dominica Police Force is obliged by law to ensure that the citizens and visitors to the country go about their business undisturbed, unhindered and the police force must protest the life and property of citizens. The police force acted lawfully in dispersing the crowd because it was unlawful protest action,” he said.

Police Chief Carbon issued a warning to “the leaders of and people involved in the CCM who are organizing these protest actions” that they must follow the procedures as stipulated by law.

“Following the lawful actions of the police there is a posting I read on social media which seems to be threatening the lives of police officers including a senior police officer. It would be a huge mistake to attack any police officer or the family of any police officer. I hope it does not happen…but if it does the Lord forbid, whoever contemplated and carried out the act will face dire consequences,” Carbon warned.

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40 Comments

  1. Gary
    December 19, 2018

    Making such claims and accusations means nothing, such claims has to be proven. This is a typical reaction of a Lawyer in defense of a client. I wonder if Cara was beside Athie during the press conference he gave after his release on bail praising The Police for their professionalism in the way he was treated and handled. Vowing to fight to the end is somewhat immature at this stage and just pandering to political antics.

  2. Harvey
    December 19, 2018

    The battle lines are drawn and it does not look good.
    A sober head must intervene to cool the situation. The police and the government may have the authority but the silent majority may just have the power.
    Even die hard Laborites are condemning the use of teargas on a group of protesters who were as harmless as lambs.
    The fact that so few people turned out to a protest for which the organizers expected many more and the protesters were effectively kept well away from the target site was a victory for the authorities but that was not good enough, they had to show force.
    There are some blood thirsty Labor Party stooges in the hierarchy of the police force who will bring done Skerrit much sooner than expected with their fascist and criminal tendencies.

  3. Peace
    December 19, 2018

    Of course it’s unconstitutional to prevent anyone from seeing their lawyer. Don’t give people the fight.

  4. Mate
    December 18, 2018

    Who wrote this stroy?how can you refer to the police chief as the crime boss?thats absolutely crazy.how can people say they protesting for electoral reform while hindering the right of other Dominicans tongo about their business unhindered?is that how we want our country? The concerns citizens movement another arm of the uwp want to bring our country into ruin.but they will never win the next general election.i think they already knw that so they have to resort to what we saw on Saturday and what we saw in sulsbury.shame shame shame!!!!!

    ADMIN: Thank you, we acknowledge the error and have already corrected it.

    • Neville
      December 19, 2018

      Ha, ha, ha… DNO made an error and that error turns out to be the truth. Oh boy, I can’t stop laughing!

  5. Francisco Etienne-Dods Telemaque
    December 18, 2018

    “I am extremely disappointed in what I am seeing there today. Three lawyers besides me are here to see Athie, based on his request, and they are being denied,” (Cara Shillingford).

    Cara, this proves my point which I argue everyday that Dominica is not a democracy: Our country is ruled by a dictator. Our country is an undeclared totalitarian State where the goal of Roosevelt Skerrit and his goons, and puppets as the so called chief of police, and a weak demented DA, typically force their wish on the people of our country!

    Dominating and controlling every sphere of political, economic, and social life of our people. When the police refused Athie lawyers to see him they violated his Miranda rights! His case should be thrown out of court. Since that is the legal rights of an arrested person to have an attorney present or otherwise remain silent as to avoid self-incrimination.

    There are questions the arrested person should not answer,  and the lawyer’s could object to such…

  6. December 18, 2018

    Well it appears that the UWP is the party that does not respect the law and constitution of Dominica. Mr. Martin, urges people to block the public road if that is not inciting violence I wonder what is. The idiot was caught on tape both audio and video calling for the blocking of the road.

    • Anon
      December 19, 2018

      The other Anon does not agree.

    • Jah Jah guide
      December 19, 2018

      You serious? Your labour party government that don’t follow the law. Get you statement correct. People have a right to gather.

    • Francisco Etienne-Dods Telemaque
      December 19, 2018

      All I ca say is poor you!

      You are the most ignorant person I ever encountered: when commonsense was sharing you went and hide, you buried yourself in the pit hole behind the house in which you lived; I feel sorry for you.

  7. saddline
    December 18, 2018

    poor Cara . UWP abusing you

    • Peace
      December 19, 2018

      No Saddine she isn’t poor. She is powerful .God bless her heart.

    • adeama shillingford
      December 19, 2018

      Poor Saddline
      Miss Cara Shillingford does not need your pity. Cara Shillingford is an extremely intelligent and well educated young lady. Lion of Judah and a force to be reckoned with. She stands firm and resolute!
      Please read you constitution!!!! Have you heard any incitement coming g
      from the Roosevelt Skerritt? Please find out!

    • December 19, 2018

      She win the war against DBS and she think she can win the war for hooligans and howlings, taking to the streets protesting and blocking roads for no legitimate reason at all. Dat lawyer too confident in herself. She need to relax and take a back seat. I think she need a macho man.

      • Neville
        December 19, 2018

        Not everybody as shallow as you…

    • Francisco Etienne-Dods Telemaque
      December 19, 2018

      You need to hush; as far as I am concerned I admire her much more that some who call themselves lawyer in The fact she was not afraid to take Roosevelt and his corrupt government to the highest  which have jurisdiction over Dominica, and won a settlement is an indication she is doing what an honest lawyer is supposed to do.

      The only thing I regret she did not not do is to ask for punitive damage, which could earn here and her client millions of dollars.

      At least she has proved she learned her lessons well her law professors did no waste their time teaching and educating her! That woman is going places without hitching a ride on any politician coat eh! I hope to see one day when some young fear not the powers that commenced taking on some malpractice law suite, against the quacks screwing up people’s life in the butcher shops they call hospitals in Dominica.

      Some doctors need to be sued out of their underwear!

  8. viewsexpressed
    December 18, 2018

    “These protest actions were unlawful. They had no permission. The Commonwealth of Dominica Police Force is obliged by law to ensure that the citizens and visitors to the country go about their business undisturbed, unhindered and the police force must protect the life and property of citizens.” We were decent on the road. Commissioner of Police and so called Police officers, what you`ll write and say above is total BS. There was no danger of life to anyone and the streets were peaceful. You all created a situation of fear and propaganda upon your own people for you failed Skerrit, who is the worse that Domininca the Caribbean has seen. You all are playing a game ordered and commanded by your so called failed and liar PM. He is on his way out and that kills him because he knows he has failed us. Police Commissioner and others please ignore Skerrit and be professional and allow Dominicans to exhale the suffering imposed by this inept PM Skerrit and his failed Labour corrupt government.

    • Shaka Zulu
      December 18, 2018

      All this is an excuse for government abuse. Its amazing how the ruling paety lobe to auote law when it suits them. Dont wory the pendulum swings it always does.

    • Jah Jah guide
      December 19, 2018

      Apparently, that labour party police force is weak and coward . Why they couldn’t have wore their robot costume when the looters were further destroying businesses and stealing from them? NO THEY COULD NOT do it because Labourites were involve. Hungry and greedy group of people, always want. Anyhow police force you are not existing to serve Labour Party. You are here to serve and protect the people of Dominica and that’s ultimately why you will fail and is failing.

  9. KID ON THE BLOCK
    December 18, 2018

    All, You lawyers should be jailed for aiding and abetting!

    • Ibo France
      December 18, 2018

      Your utterly nonsensical comments prove beyond any doubt that you have a serious deficit of both intelligence and common sense. All arrestees are entitled to be represented by an attorney(s) which is a constitutional right. Your comments border on the ridiculous. You should spend most of your waking hours working assiduously on your reading, spelling, grammar and sentence construction. Uplift yourself instead of constantly pulling down ordinary citizens..

      • Observer
        December 19, 2018

        What a classy clapback!! I love it, some people to foolish.

      • KID ON THE BLOCK
        December 19, 2018

        Mr. Malaprop, because all arrestees are entitled to be represented by an attorney(s) does that mean the attorney(s) should or must aid and abet wrong doing?

    • enough is enough
      December 18, 2018

      hey Kid…….the day they will come to jail you…….you will be happy to call a lawyer !!!

  10. %
    December 18, 2018

    Mobilise the people from all 21 constituencies for the next protest.. Electoral Reform is a must, not a favour.
    Skerrit Must Go
    Skerrit Must Go
    Lazy Skerrit Must Go Now

  11. December 18, 2018

    The is somethings fundamentally wrong with your statement mr Chief of Police what was the threat level to life and property? and what justification was there in the method used to disperse the crowd. In the civilized world it’s citizens have a right to express their dissatisfaction in the way their country is being governed even if it means resorting to “civil disobedience”; it is certainly not the function of the police to clean the politicians mess they created by using unnecessary force on a none violent master (citizenship) on behalf of it’s servants (government)

    • Jah Jah guide
      December 19, 2018

      and the fact that he says people threatening policemen is strange? Opposition people ain’t warlike, Labour people are. Full of rage which is clearly what they were showing on Saturday. Savages.

      The policemen should go help fix the roads are Dominica if they ain’t have anything to do.

    • TOM
      December 20, 2018

      Gabriel you know very well what the commissioner is saying is correct. I called for his head during the last protest that resulted in damaged to businesses and personal properties as well as the handling of the hurricane aftermath. In any democracy like Dominica people do have a right to protest. They must however do so in conformity with the laws of the land. Democratic countries as you are well aware are govern by laws and the rights of each individual must be protected. I saying that there lies the principle that one’s rights must not trample the rights of another hence the reason for law and order. Once this is broken you will agree that there is a brake down in law and order. The police must uphold the law not withstanding their political persuasion, that i know you are also aware of. If the protest organizers didn’t apply for permission to hold their event as dictated by law then they are in breach of law and order.

  12. Anon
    December 18, 2018

    The witch hunt is in progress and they will detain anyone that they think is a threat to them without due process. I hope Dr. Christian takes this into account if he decides to return.

  13. Anon
    December 18, 2018

    You are no longer under constitutional law. Constitutional law has been set aside by the PM without informing the public. You are under martial law and military take over. Time to wake up. Skerritt plans on staying in power regardless.

  14. Be real
    December 18, 2018

    These passive aggressive antics of the UWP are played out!. So everytime like that allu gonna do the same thing? Not ask for permission, hold your protest anyway knowing full well you didn’t ask for permission, then play the victim. IT’S GETTING OLD GUYS. Going on the radio planning a protest is not equivalent to formally asking for permission to hold your protest. Any straight thinking who saw the v video knows very well that the man is guilty. Come on man.

    • World's Moistest Jheri Curl
      December 18, 2018

      Protests should be spontaneous to be most productive
      the provocation of a protest is that it’s unplanned
      I can’t imagine people are arguing that we should “apply” for a permit to protest the gov’t

      The mouvement des gilets jaunes in Paris didn’t apply for permits
      The teachers union in Oklahoma didn’t apply for permits before walking off their jobs
      and most importantly the protesters in Grand Bay didn’t ask Mr. Nassief for permission to protest his abuses

      Dominica was once a proud nation of dissenting voices
      now we have been lashed into servitude and subservience

    • Anon
      December 18, 2018

      If you were actually free, you would not need permission.

      • ????????????????
        December 18, 2018

        Of course one needs permission to stage a protest. Get to know your constitution. You people what to do what you want, when you want. So what is the reason for Law and order. Even with our Father we have laws. There are protocol for everything.

        Those opposing are setting bad examples to let person think that there are not rules. You want to protest . No problem but make an application as stated in the law.

        Those who know better (the great intellectuals who know everything) . Why are you misleading and fooling others. When they get in trouble, where are you? In the diaspora! Hatred of the government is not right to just incite and support anything! Guys you know better! When your choice in Government comes into power, I will be there and will point out your double standards. Gabriel, Ton frere and all overseas , as I have said before, it is high you guys act responsible. You know better. Why politicize everything?

    • Dominican
      December 18, 2018

      So if it was an illegal protest why haven’t they arrested the members of the ccm for illegal protesting.

  15. Shaka Zulu
    December 18, 2018

    Carbon carbon carbon carbon carbon carbon. The only reason you are where you are is because you were put there and not because of your capabilities. Your threats and utterance proved again tbe hieght of your lack of any form of intelligence. In the execution of your duties there are laws you must follow and so to are the citizens. There is an old saying never give a monkey a gun and you skeritt and the rest of the morons that running this country is proof to that wisdom.

  16. Jonathan Y St Jean
    December 18, 2018

    This is further proof that chief Carbon is a square peg in a round hole. Carbon is really the chief of the Skerritt goon squad. There is no need for a permit to have a gathering and there was no procession, and Carbon doesn’t know it. Carbon saw that the gathering was peaceful and only a few persons had the fortitude and common sense to try and protect citizens from being run over by vehicles. Instead, the trigger-happy police fire tear gas at every man, woman and child present. Athie is being intimidated but the Athie I know will not be scared. Good will win over evil.

  17. jamie
    December 18, 2018

    Carbon your going down a dangerous road,Skerrit is a dictator and his demise is coming,TEAR GASING THE PEOPLE WAS WRONG,SKERRIT DEMISE IS COMING.

  18. A joke dat man
    December 18, 2018

    Ok so they had no permission to protest or demonstrate. Then why did the police allow it in the first place?

    No different than allowing people to loot after Maria.

    The protest was advertised for a long while before Saturday. The police should have stepped in and mad sure there was a request etc.

  19. Ya Boy
    December 18, 2018

    Once is Cara Allu Lose! :-D Sorry

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