Saturday, April 4, 2009

Mistrial for battery case?

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11 comments:

Anonymous said...

Flavia Cherry said, "We believe that it is a very sad day for our country that today, there seems to be no end by those in power to prevent justice from prevailing; that a person’s private medical records are being circulated. And the most disturbing aspect is [the person] who is alleged to be responsible for circulating those records. This is a gross violation of the victim’s human rights and it is illegal."

It seems to me that Ms. Cherry either knows some facts about "those in power" and this case, or, she is just continuing on with her political campaigning.

Anonymous said...

Despite Ms Cherry's concerns - Mr Foster is also acting "all innocent" that the young lady's medical records have leaked out. I wouldn't put it past him to "stoop so low"!, seeing Mr Foster is also a "Domestic Violator". It is a pity that the Victim does not seem to have much "POWER" to pelt her ammunition in order to let justice come forth! Tsk, tsk, tsk ... the powerful will always crush the weak.

Anonymous said...

Shame on the UWP for condoning such behavior from their members, the best thing they can do for St.Lucians is to make these follows pay for their wrong doings. And stop habouring criminals, St.Lucia is getting bad ratings out here people.If you can't handle the country thene give it back to who can.

Thommo/LuciaBro256@hotmail.com said...

Am I missing something here?
This article is just speculating that there might be a mistrial.

We seem to be having a public trial here floks. Armchair lawyers and legal pundits taking their shots before the matter has been brought before the courts.

It is the judge that has the descretion to call a mistrial after all the facts and legal issues are taken into consideration. Let's not pre-empt the judge. Have some faith in the legal system. It usually works.

Foster is engaging in pretrial mischief and all this hype will have no bearing on the case. They will be able to find some people who, even if they had seen the medical records, will not be swayed by that but will make their decision based on the TOTALITY OF THE EVIDENCE.
We should not encourage the mischief makers and legal shiesters
in spreading the false assumption that St. Lucians are shallow, stupid, and ignorant. This is a very sinister effort to pervert the course of justice.

What we need to do is to tone down the rhetoric and all the legal and political posturing and allow the course of justice to take shape.

I am afraid we are treading a very dangerous course when we try to distroy the undermine the course of justice to benefit the well heeled and politically connected. I forsee a society in freefall much sooner that I anticipate.
With crime on the upswing and the legal system in shambles, to add that kind of mischief to it, Lord knows.

Yahoo said...

The anonymous writer who refered to Marcus Foster as a 'domestic violator' needs to decide what his or her contribution to this matter can be. He /she needs to remember that Mr Foster is a brilliant legal mind, perhaps one of the best in the World and certainly among the best in the region. A young woman has suffered, no doubt. The onus is now on the Prosecution to prove that the defendant is guilty. Make no mistake, should there be any flaws in the Prosecution's case, Mr Foster will shred their argument to bits and Mr Walcott will walk. Its a shame how we are quick to bring to disrepute, some of the few, who's professional efforts are nothing short of legendary, such as Marcus Foster's contribution to the legal fraternity. So Mr or Ms anonymous, please bear in mind that he is not on trial and with or without your nasty comments and insignificant name calling, he will step up to the plate on the day and defend his client. My heart goes out to the young lady, however we all need to acknowledge our parts in the way that our lives may turn out. Mistrial, ofcourse there is a mistrial. According to the St Lucian SideWalk & RumShop Courts Of Law, the defendant should be hung, drawn and quartered. Thank God for the likes of Marcus Foster, 'domestic violator' or NOT.

David T Foster said...

The anonymous writer who refered to Marcus Foster as a 'domestic violator' needs to decide what his or her contribution to this matter can be. He /she needs to remember that Mr Foster is a brilliant legal mind, perhaps one of the best in the World and certainly among the best in the region. A young woman has suffered, no doubt. The onus is now on the Prosecution to prove that the defendant is guilty. Make no mistake, should there be any flaws in the Prosecution's case, Mr Foster will shred their argument to bits and Mr Walcott will walk. Its a shame how we are quick to bring to disrepute, some of the few, who's professional efforts are nothing short of legendary, such as Marcus Foster's contribution to the legal fraternity. So Mr or Ms anonymous, please bear in mind that he is not on trial and with or without your nasty comments and insignificant name calling, he will step up to the plate on the day and defend his client. My heart goes out to the young lady, however we all need to acknowledge our parts in the way that our lives may turn out. Mistrial, ofcourse there is a mistrial. According to the St Lucian SideWalk & RumShop Courts Of Law, the defendant should be hung, drawn and quartered. Thank God for the likes of Marcus Foster, 'domestic violator' or NOT.

Thommo/LuciaBro256@hotmail.com said...

I applaud the last contributor for taking umbrage at the ghost contributor who alledged that Mr. Foster is a domestic abuser.

T. Foster made a valid point that the "legendary legal luminary" will shred the prosecution if there are inconistencies, or missteps in presenting the case.

I have already said that it is the defense attorney's job to offer the best defense to his/her client.
I do not begrudge anyone who is able to afford the best defense possible when they are to face the legal system. I strongly believe if you have no legal aid you will be railroaded in court.

Having said that, it is the prosecution's duty to present a case that will jury will be inclined to return a guilty verdict based entirely on the totality of the evidence.
Failure to do so will be a huge disservice to the victim.

See you in court.

Anonymous said...

I most times wonder why St Lucians would not cease from politicising issues and analyse the issues on their merit. What does Marcus Foster being a " legal luminary" have to do with him being a "domestic violator'? beats me!!!. If Marcus is a person who abuses his family then he is damn well an abuser and no amount of praise being showered upon him being a " legal luminary' and "the brightest in the country will make him different ok. Now we all are aware that the "UWP cabinet" consists of a number of wife batterers and not excluding the chairman of the UWP. Where does objectivity lie when you have the same wife batterers sitting on a case to judge whether Walcott should resign or not. A true case of the blind leading the blind.

fire said...

Boycott AP Wallcot and Associates, he is a woman abuser he needs to be in jail so the guys can abuse him too.

LuciaBro said...

We should not accuse anyone of being an abuser without proof.
No one has given a shred of evidence to support that "fact".
However, if there is irrefutable evidence that he is a wife abuser I'd say SHAME ON HIM I detest women abusers whatever shape, size, educational or professional achievement, party affiliation, religion, or social status.

I was used the phrase "legendary legal luminary" in a tongue-in-cheek manner. I do not know what the guy has done to deserve such an accolade. Is he a decent lawyer? Perhaps. But "legendary legal luminary" I hardly think so. Clarence Darow, Johnny Cocran, he certainly is not.

Anonymous said...

I am not surprised anymore that the law system in St Lucia is still heading straight for the toilet as it usually does. The well-connected, powerful, influential and financially established always seem to benefit from our corrupt system of law. By the way, it was designed that way to facilitate those who are in control of the law.

The innocent, helpless, law-abiding and honest citizens are treated like LEPERS. Their frowned-upon traits of faith in truth, honesty, caring, tolerance and "do unto others as you would have them do unto you" scares the living daylights out of the law.

Corrupt government officials, attorneys, etc etc are terrified of truth, facts and honesty. In the end, evil wins despite the evidence, overwhelming or otherwise.

St Lucia has reached the point of no-return where civil unrest will threaten the very survival of a nation. There are problems everywhere and the officials just go about their business as long as their pockets are full.

If those with the power to rule, control and influence do not step up to the plate immediately, there will be nothing left for anyone regardless of who you are. Criminals and the corrupt, I hope you can swim.

Because when you push those who try to live by the law against the wall, they will eventually push back when they have no other choice.

238 square miles is all you'll have to hide within before the open ocean seems mighty inviting to escape.

Just remember, Havana Cuba in 1959, anything is possible. Change is imminent in order to save our beautiful St Lucia. She is still there, she just need to be rescued yesterday.

Very concerned Expat