Dominica Bar Association Stands Firm on Judicial Independence Amid Criticism

The Dominica Bar Association (DBA) reaffirms its commitment to the principles of judicial independence and the rule of law. Recent remarks by the Hon. Minister of National Security and Legal Affairs regarding the court’s approach to the granting of bail to Mr. Jonathan Lehrer are concerning and unfortunate. This type of public criticism by a Minister of government of a judicial decision unnecessarily casts a shadow over the independence of the judiciary and risks eroding public confidence in our legal system.

The Minister’s remarks conveyed the impression that the Court may have not taken the matter with the utmost seriousness or considered the relevant provisions of the Bail Act or other relevant law. While it is not our role to determine or relay to the public whether the Honourable Court was right or wrong in its final determination, it must be stated that in this case, specific references to the Bail Act and several case precedents were made by the Honourable Judge throughout his 24-page judgment (which is publicly available on the website of the Eastern Caribbean Supreme Court). The judiciary’s role is not to appease public sentiment (to be differentiated from ‘public interest’ as defined in the law), but to impartially interpret and apply the law. While public sentiment in high-profile cases is understandable, the separation of powers requires that government officials respect judicial processes and avoid partisan commentary.  

The DBA calls upon 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. This is essential to maintaining a just and democratic society.

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