“I have no apology to make…I stand ready to retain counsel to defend myself if sued,” words from Floyd Capitolin in response to a demand letter from attorney at law Joshua Francis who is the deputy political leader of the opposition United Workers Party (UWP) and the Member of Parliament for the Roseau South constituency.
In the two page letter dated May 31, 2019 which was served on Capitolin on May 31, 2019 by a court Bailiff, the letter is seeking Capitolin to “immediately submit a draft of a clear and unqualified apology as well as a retraction for publication in an equally conspicuous manner as depicted and played out on social media and also national radio in the Commonwealth of Dominica.”
“Further, having regard to our client’s position as an attorney at law of long standing in the Commonwealth of Dominica, the OECS and the wider Caribbean, your defamatory statement are meant to injury, not only his profession as an attorney but his character as an elected member of Parliament and Deputy leader of the official Parliamentary opposition in the Commonwealth of Dominica,” the letter stated.
It continued, “In view of the good standing, profession, and reputation of our client in Dominica and the region, Mr. Francis is entitled to substantial compensation as well as a clear apology….we must ask you to submit your proposal as to the amount of compensation you wish to make to our client.”
“It is our client’s intention of donating the compensation amount to a charitable organization in Dominica. Should you fail to submit a satisfactory reply within the next 4 days upon receipt of this letter our instructions are to issue a writ without further notice. In the meantime, you are to cease and desist all defamation of our client’s character and reputation,” the letter stated.
In his letter dated June 4, 2019 to Dyer & Dyer Attorneys for Joshua Francis, Capitolin stated that “Francis was charged on November 4, 2016 for the criminal offense of indecent assault and remains charged as at this date. That instead of facing his day in court, he sought judicial review to have the charges dismissed or delayed and that as a result of using this strategy, the charges have not yet been read to him and the criminal process delayed.”
The letter continued saying, “further, your client’s wife has filed a divorce petition in which very serious assertions of fact were made against your client. I believe her as I find no other reason than a sincere desire for protection for a wife and mother to make such assertions. In my mind, these assertions reflect seriously on your client’s state of mind and conduct against your daughter. I am also fully aware of his conduct on February 7, 2017. I should add that I am and I am hoping you are as well aware of your client’s history. This history cannot be swept aside or under the carpet. This history includes the fact that your client’s wife being your own daughter, did obtain an order of Protection against Domestic Violence so the facts are clear and they speak for themselves. In the circumstances, I have no apology to make. I stand ready to retain counsel to defend myself if sued.”
This article is copyright © 2019 DOM767