Sunday, October 25, 2009
Justice must be seen to be done
By Gerald J. Latouche (magistrate UK)
“Justice should be seen to be done” is not a term in law which should be taken lightly. What it means is quite simply is that, the public needs to see justice done or they will feel that the system is failing them. The whole validity of the justice system is based on the public’s consent to justice served.
R -v- Sussex Justices, Ex parte McCarthy ([1924] [1923] All ER Rep 233) is a leading case famous for its precedence in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision.
For those who have forgotten the meaning of bias it still means: prejudice, partiality, inclination, leaning, bent, disposition, propensity, tendency, predilection, unfairness, proclivity, preconceived notion, foregone conclusion, favoritism, predisposition, preconception, susceptibility. I could go on but simply put, it is to affect unduly or unfairly.
The often cited aphorism of Lord Hewart from the McCarthy case, that “… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done,” is a paramount principle of the Rule of Law.
And at this moment, at the dawn of our 31st Independence Anniversary, requires some serious consideration by all citizens of the Commonwealth of Dominica.
Lord Chief Justice Hewart, in this expression, encapsulates a principle that had been long known and often expressed and brought into common parlance the expression "Not only must Justice be done; it must also be seen to be done."
Implicit in this aphorism is the public’s consent of justice served: the public’s satisfaction, the public’s approval, the public’s agreement that justice has been delivered – a sense of fairness, honesty, equality, equity and consistency before the law - that the law is just and that justice has been done.
Those persons responsible for representing, upholding, shaping, serving and dispensing justice in Dominica must ensure that the public consents – this is not to say that the public must agree with every decision of the courts or that the courts’ decision must be pleasing to the public – it simply means that the public sees that justice is done and equality and fairness before the law prevail.
Such is our responsibility; that we must be neither complacent nor arrogant in that duty. For this reason more than any we must be consistent! All must sing from the same hymn sheet.
The public must not be witness to the magistrates at war amongst themselves – the prison at war with the courts – the Public Prosecution at war with defendants – the police switching cases - the legal system in total public disarray – and the justice system being brought into disrepute!
These matters are being played out on talk shows, newspapers, websites and any other available media, but one wonders how many meetings if any are held between the parties to resolve the issues. How many directives if any are sent down from the Ministry of Justice or the responsible Government Department, to resolve these issues?
The public perception of unscrupulous, corrupt, and dishonourable practices within any branch of the Justice System; the police, the courts, the magistrates, justice departments … can only serve to undermine and corrupt the conventional public’s view of justice being seen to be done. I fear that we are on the verge of such a tragedy in the Commonwealth of Dominica.
“Justice should be seen to be done” is not a term in law which should be taken lightly. What it means is quite simply is that, the public needs to see justice done or they will feel that the system is failing them. The whole validity of the justice system is based on the public’s consent to justice served.
 Gerald Latouche is a magistrate in the United Kingdom. He was born in Dominica and attended the St Mary's Academy. |
R -v- Sussex Justices, Ex parte McCarthy ([1924] [1923] All ER Rep 233) is a leading case famous for its precedence in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision.
For those who have forgotten the meaning of bias it still means: prejudice, partiality, inclination, leaning, bent, disposition, propensity, tendency, predilection, unfairness, proclivity, preconceived notion, foregone conclusion, favoritism, predisposition, preconception, susceptibility. I could go on but simply put, it is to affect unduly or unfairly.
The often cited aphorism of Lord Hewart from the McCarthy case, that “… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done,” is a paramount principle of the Rule of Law.
And at this moment, at the dawn of our 31st Independence Anniversary, requires some serious consideration by all citizens of the Commonwealth of Dominica.
Lord Chief Justice Hewart, in this expression, encapsulates a principle that had been long known and often expressed and brought into common parlance the expression "Not only must Justice be done; it must also be seen to be done."
Implicit in this aphorism is the public’s consent of justice served: the public’s satisfaction, the public’s approval, the public’s agreement that justice has been delivered – a sense of fairness, honesty, equality, equity and consistency before the law - that the law is just and that justice has been done.
Those persons responsible for representing, upholding, shaping, serving and dispensing justice in Dominica must ensure that the public consents – this is not to say that the public must agree with every decision of the courts or that the courts’ decision must be pleasing to the public – it simply means that the public sees that justice is done and equality and fairness before the law prevail.
Such is our responsibility; that we must be neither complacent nor arrogant in that duty. For this reason more than any we must be consistent! All must sing from the same hymn sheet.
The public must not be witness to the magistrates at war amongst themselves – the prison at war with the courts – the Public Prosecution at war with defendants – the police switching cases - the legal system in total public disarray – and the justice system being brought into disrepute!
These matters are being played out on talk shows, newspapers, websites and any other available media, but one wonders how many meetings if any are held between the parties to resolve the issues. How many directives if any are sent down from the Ministry of Justice or the responsible Government Department, to resolve these issues?
The public perception of unscrupulous, corrupt, and dishonourable practices within any branch of the Justice System; the police, the courts, the magistrates, justice departments … can only serve to undermine and corrupt the conventional public’s view of justice being seen to be done. I fear that we are on the verge of such a tragedy in the Commonwealth of Dominica.
| | Home Page | Dominica |Welcome Message | Prior Issues|Flag and Symbols | Dominica Constitution | Bulletin Board |Contact Us |Local Headlines |Discussion Board |Radio & TV |Cricket | Current Issue |
// posted by TheDominican.net @ 10:36 PM
Comments:
Links to this post:
<< Home
So Mr. Gerald J. Latouche (magistrate UK), what is your opinion, keeping in mind that Justice should be seen to be done, with the recent shooting by Linden Lestrad with a legally licensed gun? Should the Justice system seen to be done by comforting various calls to string Linden up or instead take the laws of the land into consideration and actually notice that Linden, a law abiding citizen who went the right way and obtained a legal fire-arm for his personal protection, actually acted in self defense and utilized his weapon for the reasons he indicated when obtaining that licensed fire-arm? Should the justice system appease the masses and lynch mob or should the justice system show leniency and reward Linden for operating within the law?
I am eagerly awaiting your professional opinion!
I am eagerly awaiting your professional opinion!
# posted by 
: October 26, 2009 9:08 AM
: October 26, 2009 9:08 AM
An old friend. Are you know saying that because he had a legal firearm he should get away with attempted murder? The way I understandit, he shot poor Greg over a woman. No amount of legal guns should allow him to get away.
How can it be self defense when you leave a dance, go get your 'legal' gun and come shoot someone in the face. I hope the fact that he is the son of the former Police Commissioner does not give him a free pass.....for sure Justice must be seen to be done in thias case....
How can it be self defense when you leave a dance, go get your 'legal' gun and come shoot someone in the face. I hope the fact that he is the son of the former Police Commissioner does not give him a free pass.....for sure Justice must be seen to be done in thias case....
# posted by : October 26, 2009 1:29 PM
: October 26, 2009 1:29 PM
Jerome, I think you got the story wrong.
On the night in question, Linden was "packing" from a prior event he was engaged in. He is a business man involved in the music industry and obtained his gun for protection (especially when his line of work puts him in the middle of drunken reckless people). After his event, he visited the dance not as a reveler but to observe the playing band (again that’s his line of work). There, one of Linden co-workers and Greg got into a fight. As a friend and law abiding citizen, Linden went and put peace between this guy and Greg and escorted the guy outside. While outside, the guy and Greg got engaged again and started fighting…and again Linden tried to put peace by holding back the guy and asking others to hold back Greg. However, Greg, being the macho person he always think he is (I know the guy and have always known him to be a very troublesome person) then approached Linden and his friend with a knife and threaten the both of them (he, Greg was now being pushed by some other people who apparently had their own agenda).
Under those threatening circumstances, where an angry guy with a knife and what looked like a posse behind him, Linden pulled his gun out and defended himself. I would have done the same if I was carrying a legal weapon and felt threaten! Of course, with all the drug and gang shootings that have been occurring around Dominica lately, everyone automatically assumed that was a similar reckless shooting. But I can guarantee you that this instant is way different. Yes, Greg’s family and friends as well as many that either assumed what happened or was told the wrong story about what happened are now asking for Linden’s head on a silver platter. However, I will tell you this much, everyone knew Greg being the troublesome person he was and how he took to friends of questionable characteristics but none found it necessary to advise him to taking the good path. As a legal gun carrying person myself, and one who is very aware of the threatening reckless behavior the youth of Dominica are engaging in today, I will not think twice to use my gun in the same fashion Linden did to protect myself and my family!!!
On the night in question, Linden was "packing" from a prior event he was engaged in. He is a business man involved in the music industry and obtained his gun for protection (especially when his line of work puts him in the middle of drunken reckless people). After his event, he visited the dance not as a reveler but to observe the playing band (again that’s his line of work). There, one of Linden co-workers and Greg got into a fight. As a friend and law abiding citizen, Linden went and put peace between this guy and Greg and escorted the guy outside. While outside, the guy and Greg got engaged again and started fighting…and again Linden tried to put peace by holding back the guy and asking others to hold back Greg. However, Greg, being the macho person he always think he is (I know the guy and have always known him to be a very troublesome person) then approached Linden and his friend with a knife and threaten the both of them (he, Greg was now being pushed by some other people who apparently had their own agenda).
Under those threatening circumstances, where an angry guy with a knife and what looked like a posse behind him, Linden pulled his gun out and defended himself. I would have done the same if I was carrying a legal weapon and felt threaten! Of course, with all the drug and gang shootings that have been occurring around Dominica lately, everyone automatically assumed that was a similar reckless shooting. But I can guarantee you that this instant is way different. Yes, Greg’s family and friends as well as many that either assumed what happened or was told the wrong story about what happened are now asking for Linden’s head on a silver platter. However, I will tell you this much, everyone knew Greg being the troublesome person he was and how he took to friends of questionable characteristics but none found it necessary to advise him to taking the good path. As a legal gun carrying person myself, and one who is very aware of the threatening reckless behavior the youth of Dominica are engaging in today, I will not think twice to use my gun in the same fashion Linden did to protect myself and my family!!!
# posted by : October 26, 2009 3:51 PM
: October 26, 2009 3:51 PM
An Old Friend
Your revelations are shocking with regards to your willingness to use excessive force (a gun) when feeling threathened. Is that what Dominica has become. It seems to me that the real threat to our country is from legal and not illegal arms.
We need to rexamine our positions. One thing is certain, even based on what you said Linden is in serious trouble and should get jail for using a gun when he perceived some threat, real or imagined.
Your revelations are shocking with regards to your willingness to use excessive force (a gun) when feeling threathened. Is that what Dominica has become. It seems to me that the real threat to our country is from legal and not illegal arms.
We need to rexamine our positions. One thing is certain, even based on what you said Linden is in serious trouble and should get jail for using a gun when he perceived some threat, real or imagined.
# posted by : October 26, 2009 4:27 PM
: October 26, 2009 4:27 PM
Partner, I dear you walk in certain Dominican neighborhoods at night alone. I am not going to mention names of villages but things are rough out there. I would walk down any US street at nights than to walk through some Dominican neighborhoods during the same time. Most young Dominican kids are either playing gangster or involve in drugs. They all think once they have their friends with them as back up, have a good high, then they can do what they want. And to add to that they all have knives and illegal guns. You see, illegal guns are easier to get in Dominica than one can get good hot bread. I am not joking!!
Yes, it has come to a point where if you can’t stand for yourself you will be overrun and walked upon. You may think that being determine to use your license gun is excessive force but don’t and you are dammed. If you are involved in any sought of business or assumed to be making money, you will be targeted. And to hear your insinuation that the real threat in Dominica is from legal guns, and not illegal arms, is so ridiculous and makes me laugh! Have you checked the statistics lately? How many legal gun shootings have there been in Dominica in the past few years and what is the ratio to that of illegal guns? Unfortunate we the ones who want to remain on the right side of the legal fence now have to arm ourselves with legal guns and shot if needed.
I do feel for Linden because his father was once the top cop and many are using that against him. But he represents that group of us who are determined to still enjoy the sweet Dominica we are so accustom to. We still want to have the liberty to go take a walk or river bath without being mugged or harassed. We still want to be able to go to Lagoon and listen to Swingstars and not get injured. We still like our “jour-over but not get rob or slashed. After all we are Dominicans also and even though today we now have a few pennies that we worked hard for, we still want to be free in Dominica without being attacked by a knife slinging junkie or a gangster want-to-be!!!
Yes, it has come to a point where if you can’t stand for yourself you will be overrun and walked upon. You may think that being determine to use your license gun is excessive force but don’t and you are dammed. If you are involved in any sought of business or assumed to be making money, you will be targeted. And to hear your insinuation that the real threat in Dominica is from legal guns, and not illegal arms, is so ridiculous and makes me laugh! Have you checked the statistics lately? How many legal gun shootings have there been in Dominica in the past few years and what is the ratio to that of illegal guns? Unfortunate we the ones who want to remain on the right side of the legal fence now have to arm ourselves with legal guns and shot if needed.
I do feel for Linden because his father was once the top cop and many are using that against him. But he represents that group of us who are determined to still enjoy the sweet Dominica we are so accustom to. We still want to have the liberty to go take a walk or river bath without being mugged or harassed. We still want to be able to go to Lagoon and listen to Swingstars and not get injured. We still like our “jour-over but not get rob or slashed. After all we are Dominicans also and even though today we now have a few pennies that we worked hard for, we still want to be free in Dominica without being attacked by a knife slinging junkie or a gangster want-to-be!!!
# posted by : October 26, 2009 9:20 PM
: October 26, 2009 9:20 PM
it is very sad to read and listen to what is happening to Our Lovely Dominica, this is a very serious issue which should not be taken lightly. wake up Dominican we all need to take back our Beautiful Country from the hands of the hooligan, remember that Dominica economy depends on tourism and listening to news coming out from the Island an island with a population of lest than one hundred thousand with criminal activities,illegal drugs gangsters upcoming soldiers prostitution and more on the rampage,cruise ship will soon stop sailing to Dominica. Last year i visited Dominica and to see the amount of dope heads walking in the Island capital and villages in Dominica it is very sad, living in the USA and even visiting Toronto in Canada where each and every day one keep hearing on the news, this one is murdered, this one was stabbed there was a drive by shooting you out there saying (Oh this thing cannot happen in Dominica or it will not happen only to know that it is happening in Dominica, honest to hear that Dominica is worst than New York all I have to Say Oh My God what is happening to My Lovely Dominica, people we all have to Pray to The Almighty to Deliver our Beautiful Country from the hands of the lawless, all I have to say is to bring back the Capital Punishment,please Mr PM revisit that law Newton was not a lawless person, Please, Please this an urgent cry, Save my Country
Dominica Residing in the USA, Proud to be
Dominica Residing in the USA, Proud to be
# posted by : October 29, 2009 6:43 PM
: October 29, 2009 6:43 PM
This article is about what kind of justice system we would like to shape, grow and have in the Commonwealth of Dominica and therefore raises questions regarding the big picture. It is not about any particular or individual case, but the entire justice system and its management. It would be dangerously risky and unprofessional of me to comment on individual cases that are pending a court hearing or decision. Gerald J. La Touche JP.
To "An old friend". Did you witness the events which you describe here? Was Linden's only other option the use of his "licensed" firearm? Were there policemen in the vicinity? Did Linden have a cell phone in his possession? Could he not request that one of his friends nearby seek police assistance BEFORE the matter escalated -he was not on Morne Diablotin? Is Linden a policeman, I see you have him escorting people out of the facility? Could not Linden and his wife simply walk away from the danger and go get the police? Why was Greg shot in the head? Was Linden trained and advised on the use of his licensed firearm? You have given every reason to disqualify yourself and people like you from owning a licensed firearm. Finallly, I suspect you are either a shameless fraudulent Dominican policeman (a disgrace to the honorable men and women who serve under tough conditions), or a sick sad excuse for a law-abiding citizen.
Clearle you are not committed to the peace and security of our lovely Dominica. Your firearm licence should be REVOKED! SHAME ON YOU!
Clearle you are not committed to the peace and security of our lovely Dominica. Your firearm licence should be REVOKED! SHAME ON YOU!
# posted by : November 8, 2009 10:55 AM
: November 8, 2009 10:55 AM
For countless of years, legal guns have been issued to individuals who have applied and have met the authorities’ standards. Are you questioning the issuing of legal guns? If not, what exactly are you saying? Are you saying that the people who are not skilled street fighters should not be given that much needed protection from the negative elements of our society? Or are you just suggesting that people like that should just be seating ducks and wait to be attacked without any means to protect themselves?
Are you serious, to assume that while you are being attacked by a knife waving individual with a posse of people behind him that, at that very moment, your first defense option should be to make a phone call? I don’t know what rock you live under but that will not help in Dominica. Were you to choose that option in such a situation, you would become either an injured individual or a dead individual. If you had just taken time to read what I wrote, you would see that using a gun wasn’t Linden’s first option. Linden actually first tried putting peace between Gregg and his friend. Linden walked his friend outside and even asked others to help bring that fight to a stop. But when Gregg got outside, he was pushed to continue the fight by his fug-like friends. Even you must admit that Gregg is not the most peace-like individual and his choice of friends is very questionable as they are all gang and drug oriented.
And of course you are wrong with your suggesting me to be a fraudulent Dominican policeman. I have never been and will never be a policeman. I don’t even have a police man in my family. However, using your style, is it right for me to assume you to be one of those fugs going around Dominica terrorizing the normal citizens? Clearly you have chosen to defend actions and behaviors like that emitted by Gregg. You fail to denounce the drug oriented and gangster-like behavior that Gregg and many other young Dominican men have surrounded themselves with but instead you shun down law binding citizen’s decisions to arm themselves with the intent to protect themselves.
Shame on you!!
Are you serious, to assume that while you are being attacked by a knife waving individual with a posse of people behind him that, at that very moment, your first defense option should be to make a phone call? I don’t know what rock you live under but that will not help in Dominica. Were you to choose that option in such a situation, you would become either an injured individual or a dead individual. If you had just taken time to read what I wrote, you would see that using a gun wasn’t Linden’s first option. Linden actually first tried putting peace between Gregg and his friend. Linden walked his friend outside and even asked others to help bring that fight to a stop. But when Gregg got outside, he was pushed to continue the fight by his fug-like friends. Even you must admit that Gregg is not the most peace-like individual and his choice of friends is very questionable as they are all gang and drug oriented.
And of course you are wrong with your suggesting me to be a fraudulent Dominican policeman. I have never been and will never be a policeman. I don’t even have a police man in my family. However, using your style, is it right for me to assume you to be one of those fugs going around Dominica terrorizing the normal citizens? Clearly you have chosen to defend actions and behaviors like that emitted by Gregg. You fail to denounce the drug oriented and gangster-like behavior that Gregg and many other young Dominican men have surrounded themselves with but instead you shun down law binding citizen’s decisions to arm themselves with the intent to protect themselves.
Shame on you!!
# posted by : November 9, 2009 1:38 AM
: November 9, 2009 1:38 AM
To "An old friend". You failed to answer any of the questions that were raised. Instead, you chose the ONLY option you are capable of choosing and that is being an empty headed rambling fool. Your firearm licensed SHOULD BE REVOKED! Go read a good book and enlighten yourself as you are of little help to the Accused, and to preserving the peace in Dominica.
# posted by : November 9, 2009 7:29 AM
: November 9, 2009 7:29 AM
Questions are there for both of us to answer! From an empty headed rambling fool to a total shit-hole like you, please take your own advice and go do some reading on the statistics of illegal gun and gang/drug related shootings in Dominica. While you are at it, compare that statistics with the statistics of legal guns shootings in Dominica! What is the ratio?
Your type come on this website and tries to dominate your views on the Dominican masses with your bias agendas. Were you to first analyze the total lawlessness occurring in Dominica by the youth, you would see that it is not in the advantage of the country to have fugs or gangster-want-to-be, like Gregg, walking around the island terrorizing the citizens. Dominican parents and extended families give a blind eye to the fug-like activities engaged by their sons and daughters just as long as the money and material things that are brought home are cool. We ask no questions about how these things were obtained and really don’t pay attention to the friends our children associate themselves with. Some of us actually know and simply don’t care. However, we are the first to blame everyone else and everything else when these children get themselves entangle. Please, the problem in Dominica is not the hundred of legal gun carrying citizens!
And, to reiterate the point that I made before, as long as there are those bad elements walking the streets of Dominica, breaking the law and terrorizing the island, the few remaining law abiding citizens will do whatever it takes to protect ourselves, our families, and our assets! With or without your mapwee and stupid rhetoric, we will use our legal guns and shot these bad elements ANYTIME and EVERYTIME we are threatened by them!!!
Your type come on this website and tries to dominate your views on the Dominican masses with your bias agendas. Were you to first analyze the total lawlessness occurring in Dominica by the youth, you would see that it is not in the advantage of the country to have fugs or gangster-want-to-be, like Gregg, walking around the island terrorizing the citizens. Dominican parents and extended families give a blind eye to the fug-like activities engaged by their sons and daughters just as long as the money and material things that are brought home are cool. We ask no questions about how these things were obtained and really don’t pay attention to the friends our children associate themselves with. Some of us actually know and simply don’t care. However, we are the first to blame everyone else and everything else when these children get themselves entangle. Please, the problem in Dominica is not the hundred of legal gun carrying citizens!
And, to reiterate the point that I made before, as long as there are those bad elements walking the streets of Dominica, breaking the law and terrorizing the island, the few remaining law abiding citizens will do whatever it takes to protect ourselves, our families, and our assets! With or without your mapwee and stupid rhetoric, we will use our legal guns and shot these bad elements ANYTIME and EVERYTIME we are threatened by them!!!
# posted by : November 9, 2009 9:42 AM
: November 9, 2009 9:42 AM Links to this post:
<< Home
Subscribe to Posts [Atom]
Post a Comment
Please Provide Opinions and Comments on This Article.