Dominican magistrate orders that two Haitian nationals be removed from the state

first_img Share Tweet Sharing is caring! 18 Views   one comment Sharecenter_img LocalNews Dominican magistrate orders that two Haitian nationals be removed from the state by: – January 5, 2012 Share Court gavel. Photo credit: kirtok.comMagistrate Candia Carette-George ordered on Thursday that Pierre Richard Clervilus and Jean Cadette Cenac be removed for violating the country’s Immigration and Employment Act.Magistrate Carette-George said the state must send a clear message to the Haitian nationals that they must obey the laws of the country and not overstay or work without obtaining a work permit.Pierre Richard Clervilus, according to the facts presented in Court by Police Prosecutor Inspector Claude Weekes, arrived in Dominica at the Melville Hall Airport on July 22nd, 2007 and was granted a three month visa which expired on the 23rd of November, 2007. He was taken into custody on the 31st of December, 2011 at his barbershop in Lalay, Grandbay by Sergeant Cadette D who was on patrol in that community because he admitted to that he had been residing in Dominica for five years without a Dominican passport or a work permit. The Defendant told Sergeant Cadette that his former girlfriend a Dominican had maliciously damaged his passport three (3) years ago however there was no record of that report at the Grandbay Police Station or the Immigration Department. He was asked by Sergeant Cadette why he did not take advantage of the amnesty in 2010 and he did not offer a satisfactory response however when the charges of overstaying and working without a valid license were instituted against him he said, “I sorry but I was afraid”.His attorney Wayne Norde explained to the Court that his client’s situation is an exceptional one; that his client arrived in Dominica and was involved in a relationship with a Dominican national whom he has a three year old son with but when the relationship went sour she tore his passport.According to Norde his client faced severe difficulties in obtaining another passport from his country as he could not provide a record of the previous passport which had been issued to him. He also explained that his client did apply for a work permit but because the passport was destroyed he could not have gotten it and the application was placed on hold at the Ministry of Labour and Immigration.Mr. Norde implored the Court not be repatriate his client based on the fact that he has a son in Dominica which he cares for, his family members in Haiti whom he provides for and that his heart is in Dominica.Inspector Weekes argued that despite the olive branch which was extended to all Haitian nationals in 2010 after the hurricane, the Defendant did not seek to regularize his stay in Dominica. Weekes said further, “While I understand the plea which council is making for his client, I must agree that we must do it right. There are laws and we must ensure that they are adhered to”.Magistrate Carette-George however said that the Defendant should have gone to the Immigration Department to regularize his stay before the visa expired and before his passport was destroyed and that “they need to adhere to our laws and act accordingly”. She noted that there was sufficient time for the Defendant to seek an extension and work permit before the passport was destroyed and he did not, therefore she is ordering that he be removed from the state and not deported so he may return to care for his son if he wishes.In rendering her decision, Magistrate Carette-George told the Defendant through a translator that she would not impose any custodial sentence or fine against him; her order is that he be removed from the state under proper escort and subject to necessary detention. She further advised him that if he chooses to return to Dominica he should ensure that he does it right.Meantime Jean Cadette Cenac who arrived in Dominica on the 23rd of July, 2009 and granted a one month visa did not present himself to an Immigration Officer for an extension of time and therefore violated the Immigration Act of Dominica.He was also represented by Attorney Wayne Norde told Magistrate Carette-George that she had “removed the wind from under his sails” based on her ruling against Pierre Richard Clervilus and therefore he is only asking the Court not to impose a custodial sentence or fine on his client, and have him removed from the state to allow him to return if he wishes to do so.Magistrate Carette-George also ordered that Cenac be removed from the state and advised him to ensure that if he returns to the country he ensures that his documents are in order.Both defendants pleaded guilty to the charges.Dominica Vibes Newslast_img

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