On Friday, December 9th the Ministry of Justice, Immigration and National Security held a press conference to clarify matters relating to claims of unpaid pension by Dominica’s former Director of Public Prosecutions, Gene Pestaina.
Stories of non-compliance of Government to pay Pestaina’s pensions surfaced in the news recently. Pestaina, who has been battling illness made a plea for Government to pay what is due to him.
According to a December 3rd article from the Sun News Paper, former DPP, who also served as a police officer, is claiming that having served the state for over twenty years he is entitled to a pension.
However, Attorney General, Levi Peter in stating Government’s position, says the state has paid in full all funds legally due to Pestaina.
“The state’s record indicates that the pension benefit due to Mr. Pestaina, in accordance with the applicable law that I cited earlier, have been paid to him in full in the form of a gratuity as required by Section 6H of the Pensions Act Chapter 23:80; that is where he hasn’t qualified in one respect and there is an alternative calculation that has been calculated in accordance with the pensions regulations. My understanding is that that has been paid to Mr. Pestaina.
In respect to Mr. Pestaina’s appointment as Director of Public Prosecutions from July 2007 to July 2013, he is not entitled to any gratuity payment since he served for only six rather than ten continuous years as is required by the Pensions Act,” he explained.
The Attorney General says it is a matter of opposing views but believes that Government’s interpretation of the law is sound.
Meantime, Hon Minister for Justice, Rayburn Blackmoore says while Government empathizes with Pestaina and his family, there is a clear distinction between legal claim and making a special request for assistance.
In that regard, he says Cabinet is waiting to fulfill a request for assistance from Pestaina.
“The Roosevelt Skerrit administration is willing, once a special case is made, to consider that matter on compassionate grounds. The Labour Party administration has built a reputation to actually taking on matters on compassionate grounds ensuring that once our people need urgent assistance it is dealt with,” Hon Blackmoore said.