High court Judge Bernie Stephenson has handed down her ruling in the Haitian case brought to court by lawyer Wayne Norde, Gina Abraham-Thomas of Norde & Lambert Chambers, and Peter Alleyne of Alleyne Chambers.
The matter involved the detention of 49 Haitians (38 in Roseau and 11 in Portsmouth) by the police. Norde in his arguments to the court explained that there was an order from the Magistrate that the Haitians should be isolated and to return to court on November 17, 2020.
That order he stated was supported by a health report signed by Chief Medical Officer (CMO) Dr. David Johnson and the decision to have them removed was in violation of that court order.
Under cross-examination from Norde, Inspector of Police Antonia Moses told the court that the Haitians did tell her that they had a lawyer, however, some of them consented to return back to Haiti not wanting to remain in police cells in Dominica.
“Some of them signed a consent form to be repatriated back to their country,” she told the court under cross-examination.
In handing down her decision, Justice Stephenson expressed her disappointment that such a matter was not dealt with “urgently” and called on defense lawyers and prosecution to do all in their powers to get the November date vacated and have the court issue a much early date.
“Those who signed the consent order are to be sent back, but those who did not sign the consent order and also are not a party to the court proceedings are to remain on the island pending the hearing of the matter,” she said. That order of the court was to be served on the Portsmouth, Marigot police and immigration and also the attorney general of Dominica.
In the meantime, a matter of Habeas Corpus (a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.) will be heard at 10 am on Monday, August 17, 2020.