DOMINICA - Court attorney defends court-order decision

ROSEAU, (CMC):

Senior Counsel Anthony Astaphan Tuesday denied suggestions that he was moving to curb press freedom on the island after slapping a court order on three talk show hosts in a criminal matter involving a former chief magistrate and another lawyer.

"You cannot publicly discuss the merits or demerits of a criminal charge. To discuss criminal charges filed against (attorney) Isidore which are indictable offences is a contempt of the court punishable by imprisonment," Astaphan told a news conference, noting that "the laws of the freedom of expression have expressly recognised as an exception to freedom of expression the law of contempt of court.

"It is also a contempt of court to prejudge and to bring the administration of justice into disrepute by acting as prosecutor, judge and executioner on radio on matters before the Civil Court particularly when the file is under seal".

Astaphan said there is a belief among some people "that the constitution gives you the right to say what you want" adding "it does not and we intend to ensure that the rule of law is preserved throughout criminal and civil proceedings instituted against Mr Isidore".

Attorney Stephen Isidore is accused of stealing over six million (US$2.3 million) while being a partner in a law firm with former chief magistrate Glenworth Emanuel.

The three radio talk-show hosts were slapped with the court order by a uniformed police officer and Astaphan defended the right to take such an action on behalf of his client.

"We consider this onslaught on the radio and this trial on radio of Mr Isidore a very serious matter, we intend to take it seriously and I do not care what amount of pious preaching by the Q95 (radio station) people say we are going to make sure that the court has the final say on that," Astaphan said, adding "because there is no right of freedom of expression to lie, to misinform, to prejudge and condemn a man on public radio."

Sealed files

Astaphan, who is representing Isidore in the matter, told reporters that the court had ordered that the contents of the files for the case be sealed "which included every document filed by parties to this thing".

He told the news conference that "the reason why we served this order (on the three talk-show hosts) for those of you who don't know and are in the media, that you were reading documents that were filed in the court on behalf of Mr Isidore, which is a clear violation of Clause 22 which puts you in contempt and any other person who purports to read or discuss any document filed in the court in contempt and, we intend to ensure that that provision is enforced fully, vigorously and strictly".

Astaphan said that the defence team for Isidore has written to the Registrar of the High Court here seeking an investigation as to "how these documents could have gotten from the court registry" to one of the talk show hosts.

"We have been told already that this is impossible and that was never done. So that leaves two suspects, this legal team or the legal team and Mr Glen Emanuel disclosed those documents and put them in the hands of the journalists.