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Justice Minister Blackmoore raps Bar Association and calls on them to retract statement

PRESS STATEMENT FROM JUSTICE MINISTER RAYBURN BLACKMOORE

I am indeed saddened by the recent statement purporting to be coming from the
membership of the Bar Association of the Commonwealth of Dominica in respect
of comments made by me regarding the order of the High Court granting murder
accused Jonathan Lehrer of bail.

I have held the Bar Association of Dominica in the highest regard, I know that several of its members are distinguished Attorneys-at-law both in Dominica and regionally.
However, I believe that firstly one needs to beg the question of why such a statement is being made countering my comment made concerning the bail order of the High Court concerning Jonathan Lehrer which as the Minister of National Security and Legal Affairs of Dominica I must inform the public on matters of public interest. At the early stages of the Prosecution of this matter, I addressed the public through a press conference as this case sparked great concern in Dominica and internationally. At this time there was NO STATEMENT made by the bar association.

My recent statement however attracted concern. I in my statement did not in any way commit the act of interference in judicial independence. I in no way made statements attacking His Lordship Honourable Collin Williams. I also did not advocate for and direct in any way that a particular ruling be made. My comments were also made after the order of bail was granted and I remained silent during periods of litigation of the matter both at the first bail hearing in April and this one in November. In all this, I urge the Bar Association to look closer at the law on Judicial Independence and use it as the yardstick to measure my comments.

Coupled with this the Bar Association ought to consider that judges can be subject
to criticism both by lawyers and public officials as long as this criticism is respectful, measured, and based on evidence. Also, case law reveals that criticism of judges ought to be made without malice and should not disrupt the administration of justice. It must also be emphasized that the court has a responsibility to the society.

The bar association in its statement has provided no basis in law showing how my statement has amounted to interference with judicial Independence. When the legal principles on interference with judicial independence are carefully considered, the inevitable conclusion will be that I have not erred.
Another question becomes apparent, “Has this present statement been approved and ratified by a majority membership of the Bar Association?”

It appears that this unsigned statement being circulated may not be that of the distinguished Bar Association that I know to exist in Dominica and may be one-sided and seemingly partisan.

The Dominica Bar Association after critiquing my comments has also appealed to
“all public officials to uphold the integrity of the legal system by refraining from
statements that may be perceived as an attempt to influence or challenge judicial
independence.” I wish to say that this baseless statement is imputing improper
motives on me and by extension Government Ministers. My Government has
decided to take such allegations seriously.

Finally, I hope that the statement of the Bar Association is retracted immediately and consideration is given to the fact that the relationship between parliament, the judiciary,
and the public is to protect the interest of all the people of a nation. I urge the Bar Association of the Commonwealth of Dominica to uphold the rule of law and be guided that it is in the interests of justice that its statement be retracted.

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