ROSEAU, Dominica, Dec 2, CMC – The Dominica Bar Association (DBA) Monday reaffirmed its commitment to te principles of judicial independence and the rule of law as it described as “ concerning and unfortunate” recent remarks made by the National Security Minster Rayburn Blackmoore opposing the granting of bail for double murder accused, Johnathan Lehrer.
“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 DBA said in a statement.
Blackmoore’s comment follows a decision by High Court judge, Justice Colin Williams, last week to open the possibility for Lehrer, an American hotelier, accused of the double murder of Quebec philanthropist Daniel Langlois and his partner Dominique Marchand.
“Let me make it fundamentally clear that the state takes this bail application of Johnathan Lehrer who is accused of double murder, very seriously and is totally opposed to the granting of bail. While I fully appreciate the independence of the court – however there is consensus within society that certain crimes must be dealt with in the most serious manner by the court,” Blackmoore said in a statement.
In December 2023 last year, murder charges were filed against Lehrer, 57, and his co-accused 62-year-old Robert Snyder Jr., over the deaths of Langlois and Marchand.
The Americans were not required to enter a plea in the magistrate’s court, since murder is an indictable offence and can only be tried before a judge and jury at the High Court.
The prosecution alleges that between November 29 and December 2, 2023, the two Americans murdered Langlois and Marchand. Their bodies were found incinerated in a car near Gallion, in the south of the island where they owned a hotel. Langlois and Marchand had been reported missing for several days.
Last Tuesday, Justice Williams outlined several conditions under which bail could be given to Lehrer. They include a one million dollar (One EC dollar=US$0.37 cents) bond with a proper and suitable surety. In addition, the murder accused must revoke his US Citizenship and he must satisfy the Registrar of the High Court that he has met all the conditions set out by the court.
His surety must have “total control over him” and he must first secure the approval of the High Court before he travels. He is also to report to the Grand Bay Police Station, south of here, as part of his bail conditions.
The state had opposed bail, considering Lehrer “a flight risk, the seriousness of the matter and the public’s interest in the matter”.
In its statement, the DBA said Blackmoore’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”.
The DBA said that the judiciary’s role is not to appease public sentiment or 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.”
CMC/af/ir/2024