Several appeals recently dismissed in court

The Eastern Caribbean Supreme Court has dismissed a number of appeals which it heard in Dominica the week ending Oct 4, 2019.

Kerwin Prosper who appealed his magisterial criminal sentence for stealing withdrew that appeal telling the court that he was “no longer interested in the matter.”

Former police officer Levi Maximea who has had a long legal battle against the Chief of Police and also the Dominica Agricultural Industrial and Development Bank (AID) Bank had both his appeals dismissed because he appealed “out of time”.

In his matter against the Chief of Police, the solicitor general told the court that they were “not opposed” to his appeal to the Caribbean Court of Justice (CCJ) but it was found that he had applied “out of time” and the Court of Appeal does not have the jurisdiction pursuant to CCJ Rules Section 10:3-1 to hear his appeal since it was “out of time.” His AID Bank matter also suffered the same fate.

Roger George whose death sentence was commuted to “life in prison” by the Court of Appeal also had his application dismissed. He was asking the court to review his sentence as “time served”.

In 2000 the court of appeal allowed his appeal and commuted it to “man slaughter” and gave him a sentence of “life in jail.”

The court of appeal told his lawyer that “we have no jurisdiction to review a decision of a different constituted Court of Appeal.” His appeal was dismissed.

Brad Matthew who was sentenced to 3 years in jail for theft after hurricane Maria told the court that his sentence was “harsh.”

But a review of his rap sheet showed that he had several convictions of “theft” dating back to 2011.

“You stole when people were down and out, we are not seeing anywhere, the Magistrate went wrong, you got a sentence based on your character, the magistrate did well in the circumstances, you will be out soon, go and reflect on how to live a better life,” the judges told him. His appeal was also dismissed.