Dominica Bar Association condemns criticism of judiciary

The Dominica Bar Association has condemned recent attacks on judiciary members.

In a press release issued to the media, the association condemned attacks being circulated on social media against resident judge Birnie Stephenson as well as those against President of the Caribbean Court of Justice (CCJ) Sir Dennis Byron.

The Bar Association felt the need to put out this press release because Justice Stephenson struck out opposition leader Lennox Linton’s defence on 27 April as being "unsustainable and without merit and an abuse of the process of court”.

In addition the release “categorically” condemned statements made by Cabral Douglas about the President of the CCJ Sir Dennis Byron following his unsuccessful attempt to file a lawsuit against the Dominica government.

“This litigant is not a member of the Dominica Bar Association, although an attorney,” the press release said.

Douglas petitioned the CCJ for three million US dollars stemming from the forced cancellation of a concert which Jamaican artiste Tommy Lee was to headline in February 2014 however the court ruled that Douglas failed to satisfy the requirement under Article 222 (a) of the Revised Treaty of Chaguaramas to show an arguable case that the Treaty intended that a right or benefit conferred on a Contracting Party ensured to his benefit directly in their decision delivered on 20 February 2017.

“It follows that the Article 222 (b) requirement to demonstrate an arguable case of prejudice in the enjoyment of those rights, necessarily cannot be made out. In consequence, the application for special leave to bring original jurisdiction proceedings against the Respondent fails,” the Justices ruled.

In a statement released the same day as the judgement, Douglas said that CCJ’s decision is not only “laughable but it opens the floodgates for litigation, which clearly could not be the intention of the Revised Treaty of Chaguaramas”.

'Members to be protected'

The Bar Association has said it continues to stand with Justice Stephenson and will defend her where unwarranted personal attacks are concerned.

“It is one of the mandates of the Bar Association – to protect and defend the judiciary, the bench and also to protect and defend members of the Bar Association, other colleagues,” said Noelize Knight-Didier, vice president of the Dominica Bar Association.

Contrary to popular belief, she said their mandate does not include making statements on topical issues especially those which are politically driven and they are often criticised for their silence on corruption among other things.

However she said what is mandated of them is creating a forum for discussions on these types of matters and they have been doing so.

Knight-Didier also said the Bar Association has fallen short on a few occasions when they did not do what they were supposed to concerning their members and the judiciary.

“We have not spoken up and withstood criticism for that, and cannot continue to not say anything, we must speak up when these things happen and we will continue to do so,” she added.