Cabral Douglas son of former Prime Minister of Dominica Rosie Douglas has officially filed legal proceedings at the Caribbean Court of Justice (CCJ) against the Government of Dominica over the cancellation of a concert caused by what is describes in court documents as the “unlawful arrest, detention and deportation of Jamaican artiste Tommy Lee Sparta and his entourage without cause”.
Douglas a lawyer by profession had contracted with prominent Jamaican artist management firm Heavy D Promotions Ltd for Tommy Lee Sparta to perform at his privately owned entertainment venue in Dominica over two years ago to mark the opening of Portsmouth carnival.
“I am pleased to announce that formal legal proceedings have been commenced at the Trini dad based Caribbean Court of Justice (CCJ) against the Government of Dominica on my behalf. Article 222 of the Revised Treaty requires natural persons and corporations seeking the original jurisdiction of the court to seek special leave to be heard. So I have done that and the Government of Dominica has been served the relevant documents…” Douglas said in a release. “So after a long winded and unsuccessful negotiation process, I look forward to the opportunity to prove my case in Trinidad.”
On his arrival at Douglas/Charles airport in Dominica in Februay 2014, Lee, 28, along with his three-member team, Tiasha Oralie Russell, Junior Fraser and Mario Christopher Wallace were denied entry, detained in what were described in court documents as “inhumane conditions” and deported the following day causing the cancellation of the much-hyped international stage show, financed by Douglas, giving rise to his monetary damages claims.
The lawsuit comes on the heels of recently elected Jamaican Prime Minister Andrew Holness launching a CARICOM review commission spearheaded by former Prime Minister Bruce Golding, and rising tensions with Trinidad over increased incidence of Jamaicans being denied entry and deported from that CARICOM member state.
However, this is the first recorded case of skilled CARICOM nationals contracted to work in the host CARICOM state being denied entry, which could prove to be a major setback to the regional integration movement as defined by the Caribbean Single Market Economy (CSME), which Dominica, ironically, is responsible for implementing in CARICOM’s quasi-cabinet.
Douglas used this occasion to call on Prime Minister Andrew Holness’ government to lead in the fight for the human rights of all Jamaicans citizens.
“I would like to use this occasion to call on Prime Minister Holness and the Labour Party government he leads in Jamaica to join these proceedings which will send a clear message that the blatant discrimination being practiced by immigration officials throughout the Caribbean community against Jamaican citizens will no longer be tolerated.” he said.
“Jamaican lives matter…” he added.
Douglas claims that he is of both Jamaican and Dominican parentage and “I like to think of myself as a product of regional Integration.”
“My mother is a proud and patriotic Jamaican woman, and my dad was the Prime Minister of Dominica.And, in Jamaica we say: “Out of many, one
people!”
That simply means whether you come from uptown or downtown, Trenchtown or Redhills, Gaza, Gully or even Flankers in this case, you are a Jamaican…and therefore entitled to protection under the rule of law.” Douglas insisted.
“So the government of Jamaica needs to demonstrate its leadership by standing in solidarity with Jamaican citizens from all walks of life when they find themselves in situations where these fundamental human rights are violated whether at home or abroad, especially in this type of case where Jamaicans contracted to work in the host country are being publically humiliated and dehumanized …”he added.
The Government of Dominica, not only denied the 4 Jamaican citizens entry, access to the lawyer provided to them at the Douglas/Charles airport, but they also failed to provide any reasons for their arrest and detention.
In spite of this, quite curiously, Dominican government spokesman Anthony Astaphan SC announced some 24 hours following their arrest, and
deportation, that the action was based on the “interest of public safety”.
However, following the filing of official complaints lodged by Jamaican attorney Bert Samuels with the Jamaican Ministry of Foreign Affairs, the Government of Dominica, on May 3, 2015, announced a desire for an “amicable” negotiated settlement in the matter.
Subsequent to this announcement, the victims were invited by the office of the Dominican Attorney General to submit proof of claims as required by the negotiation process.
However, according to Douglas, after spending significant time preparing, substantiating and submitting these claims, the Government of Dominica
has unilaterally reneged on their commitment to have the matter settled out of court.
A letter confirming this from the Dominican Chamber of the Attorney General, dated May 18, 2016, stated that “the government (of Dominica)
does not accept any liability or responsibility these claims.” This forced Douglas to initiate formal legal proceedings at the Trinidad based Caribbean a Court of Justice (CCJ).
Douglas believes that it is in the interest of justice that the Jamaican government join as a party to these proceedings.
“As a result of this most disingenuous and hypocritical position taken by the government of Dominica, it would be in the best interests of the Jamaican plaintiffs and the Government of Jamaica to join as parties to these proceedings”. he said.” I think that it would first of all greatly assist the court from a case management standpoint, and secondly, it would also put the court in a position to be able to adjudicate on all matters before it simultaneously, efficiently and effectively so that we can finally see a just outcome to this matter,” Douglas stressed.
In the landmark decision of Shanique Myrie v Barbados 2013, which ordered damages in favour of the applicant, a Jamaican resident, the government of Jamaica joined as a party to the proceedings making submission as an intervener.
Court documents have revealed that Douglas is seeking just over US$3M in pecuniary and non-pecuniary damages.
Dominica is the current chair of CARICOM responsible for the implementation of free movement under the CSME.
Since when Dominica become ungodly like that. OMG we’re done for. SMH Canada and even Jamaica rejected him and he has strength on Dominica? Shame on Douglas…
First of all, he is a Jamaican citizen and secondly he has performed in Canada already so it’s an easy win for Mr. Douglas…
Cabral expect to win a dollar in the CCJ ? Tebe
That will be an easy win for Douglas, even Skerrit has accepted liability for his mistake..
I try not comment, however it seem some law applies, to some people, and on some days..
Dominica is know for as talking nation, not listening and think, even worst not proactively working with constant changes in the laws..
When Caribbean leader signed various treaties, enacting of laws, repelling, and amending laws, it seem that only when these laws start effect people, only then these laws a look at closer.. free moment of people is in the CARICOM, treaties..
do you know, very soon leaders that will be chairing CARICOM committees will be un-elected members, if you think that sound crazy , just remember the date of today…
Douglas should also identify every religious denomination that spearheaded this insane move, and file suit against them as well. This is a case of Tierney of the minority over the majority. These very same leaders are silent when innocent children are being reaped and murders go unsolved. Woe is unto them that calls the Lord name in vain for this foolishness.
Common sense must be used. That man was not wanted in D/ca for obvious reasons. He is a bad influence. First of all he was arrested for murder. Who would want such an individual to sing to their children or anyone else for that matter?
Cabral and his gang knew about it. They were obstinate and encouraged this man to still come to Dominica.
Sparta knew he was not wanted in Dominica. He wrote a letter about it. He was determined to come to D/ca with the encouragement of Cabral and his gang.
When this man arrived in D/ca on a jet, he was informed not to get out of it and to turn back. Adamant as he was, he refused. He was arrested.
He is a bold man and out of place. He disobeyed the airport officer. Imagine if it were a D/can in Jamaica. I do not think a D/can who knows he is not welcomed by the people would venture into Jamaica.
Cabral and his gang and Sparta are looking for money.
Cabral, you are not patriotic. I hope the case is quashed.
You you expected Tommy Lee to simply turn the plane around? Boy some of you Dominicans are too damn ignorant!!!
L’argen ka faire zafer papa A A.
Usain Bolt is Jamaican we get Gold medals, what de Godly Dominica nation get
All Christian people from every Denomination , Rise up from Slumber, Pick up your Bibles. Give de devil a WAR, come fight for KING JESUS.
And if Dominica in a problem, only JESUS can solve them cause we fighting WAR, Come fight for KING JESUS.
And if Douglas try to slay us or Sparta try to kill us, we are fighting war, WE FIGHT FOR KING JESUS.
WE HAVE PRINCIPLE, WE ARE A GODLY NATION.
for the battle is THE LORD’S HALLELUYAH
If the people don’t want a certain influence to enter their shores then it is their right to do so. The people of GOD protested and he was not granted permission to enter. GOD will fight for us, the Devil Douglas and his hoard or demons he wanted to enter DOMINICA will not prosper.
All these guys are in the Free Mason movement but GOD is greater than any devil. Dominicans choose you this day whom you will serve. If that guy had entered into Dominica, it would’ve been worse.
MARK MY WORDS, IF THE LAW GIVES SPARTA RIGHT OVER GODLY PRINCIPLES THEN WE’LL SEE THE WONDERS OF THE MOST HIGH IN THE REGION. REPENT DOMINICANS REPENT.
I’m really happy to read this article. Too many times we do things without thinking of the implications for our actions. One thing I hope those fornicating pastors and hypocrite voices of the Christian Community helps to pay that debt.
US$3-million lawsuit??? Haahahahahahahaah.
Dem man selling enough passport so they can pay that. Why ask taxpayers to pay for something they dId not do or was not involve in?
“On his arrival at Douglas/Charles airport in Dominica in Februay 2014, Lee, 28, along with his three-member team, Tiasha Oralie Russell, Junior Fraser and Mario Christopher Wallace were denied entry, detained in what were described in court documents as “inhumane conditions” and deported the following day causing the cancellation of the much-hyped international stage show, financed by Douglas, giving rise to his monetary damages claims.” Every Government reserves the right to grant and refuse entry to any individual especially if they site a that it was in the interest of national security. The reason for their detention s that they were denied entry due to a matter of public safety and since there were no flights leaving out the same day, they had to be detained till they were able to leave. This one is a lost cause.
#OneLoveDominicans!!!
He should have been allowed to perform but charged with the appropriate offense if he broke local law and used curse words in his lyrics.
Since Cabral had never touched a big money like that in his hand, he is trying to see if he will get it from Sherrit tell him to come again.
he doe have to come again.. he coming at them already… and they will pay… idiot!!!
So Cabral want to live? He will bend for 3 mill though
i must say jamicans are not good and the immigration has the right to refussed any they think to them is not loking good . jams do have a bad mane check antigua they where they ones causein g the most crime and the fact are they and the guyaneses so i have no symphy for them only when you have step in the shoes of one you know .
now the man has a right to file a suit that is his right .
and Dominicans causing havoc in Guadeloupe, St. Martin and other places they go… dats why right now they can only spend 15 days in Gwada and 30 in S.M… I guess these countries should turn people back as long as they see is Dominican passport they have… right? people like you is the reason why Dominica cannot move forward… all you too foolish in all you thinking. but I doe blame you… is so skerrit have all you thinking now.
Amen, only last week my taxi driver in Guadeloupe apologised for saying that Dominicans in Guadeloupe have the worst reputation for being involved in crime, particularly the drug trade but insisted that at least is how our country men are viewed.
More useless money, because of Skerrit’s stupidity
like the man said in his last paragraph….he is half and half….so this man holds no patriotism for dominica or Dominicans,,his sole purpose was to make money on Dominicans..now he is furious that he had not done that…support cabral Dominicans on tax payers monies..way to go son of rosie douglas
peter tosh was also turned away by the then Eugenia Charles government..there was no lawsuits no one cried fowl,an artist that was bringing consciousness to our nation,,now we have a situation of bedeviled artist and we love that,,pure belzibub over Christ,,,cabral and these guys will continue playing political games at the expence of poor people and their inheritance right there put down for them,,but to some Dominicans that is not corruption
For real
What is wrong with making money in Dominica? Is free enterprise now dead in Dominica? When did Dominica become a communist dictatorship where making money was a crime?
Your reasoning is flawed.Cabral is not pitting one against the other or one or the other
He’s an attorney. His job is to seek justice for his client, not to “be patriotic” at his client’s expense.
He expected to make $3M from Dominicans if the artist had performed? Just wondering? So that is why he is asking us to pay for it. So we should pay him $3M because he did not have his concert.
Remember it is us Dominicans he is suing. Dominicans have no rights as far as he is concerned to who we want to see perform and whom we do not want to see perform?
In other words he is forcing us to pay a concert Dominicans did not want to see and therefore he is taking us to court because we did not want to see a particular artists perform.
Very interesting. His rights matters, Jamaica rights matters, but our as Dominicans do not matter. is that what he is telling us? When you take the government of a country to court, you are in fact taking the citizens of that country to court.
Preparing for a case like this would be monies the government would not have to spend on worthwhile causes especially as we are still recovering from Tropical Storm Erika. God is Good.
did his claim say on behalf of his client??? this continued power overthrow of the Dominican legitimately elected government is not going to work,,,this is not the 70s..the advanced social media has put this Caribbean island on the world stage,,,you and others like you think that the Chinese are their for being their sake…but you guys already know that anyway,,the thing is steve, I am one of the many who are looking in to see how this against skerrit and alba is playing out.
The real issue is that we have a treaty with the rest of Caricom, enshrined in law, that speaks to free movement of certain people, and artistes are among them. In a free society there is rule of law, to which everyone is subject, including those in government.
As for your other point, if no one in Dominica had wanted to see this concert, he wouldn’t have tried to come in the first place, and if he had then the venue would have been empty. Clearly he had reason to believe people would be interested in seeing his performance. And for those wouldn’t have been interested, there’s a really effective solution for that: don’t go.
The most he will get is to be made whole. How can he justify a $3 million lawsuit when he would not have made anywhere near that?
It s a government of a country, they can choose who they want to enter their country.
You in for a surprise if you think you going and tell the government who they can allow into the country.
If you think you have right to enter any country and do whatever you want… think again!
Dominica is not Jamaica nor Jamaica Dominica.
Its not everything that come out Jamaica we want.
I hope de priest and pastors who caused this incident will cheap in a couple dollars if this actually follows through
Cabral is fighting a fight of principle and one that opens a discussion on the rights of Citizens within the framework of a regional integration arena, but this also shines the light on the level of ignorance that exists among some of the leaders and decision makers in this very same integration process, it highlights the Irony..
How can a leader for integration turn around and deny entry to a CARICOM national on simple grounds of fear propagated by the religious fanatics… don’t they understand the treaties they sign? how can Dominicans accept such leaders?
I would suggest that the government ask the Church to pay for it..they are the ones creating that environment of gloom and doom and fear of the Occult..Tommy Lee is a simple man that created a product for a niche market. Let people choose to go to his concert if they wish..It’s ridiculous that these government Ministers aren’t smart enough to make strong objective decisions..Dominicans will continue to pay for their…
my ppl it’s time we wake up here. in spite of all treaties that is signed and on paper only a few countries that is benefiting. also let’s not forget that a lot of jamaican artists had visa to travel to the United States,England, France, Canada etc to perform and could not go because of their lyrics so i don’t see what the big deal is. his lyrics are openly demonic and i support the bold stand the police and government took.
well.said….the church should pay for it
I think Skerrit should resign his position as CARICOM chairman in light of these developments, at least until the trial has been concluded!!!
You sound like the Jews telling Pilate to free Barabbas the criminal, so they can crucify Christ!
A man that promoting crime and sin in place of man that progressign you r country smh.
seems allu do’nt even know the devil have a hold on allu…
skerrit is your Christ?!
I humbly support you my brother in the struggle against discrimination and injustice against our Jamaican brothers.
Good job Mr Douglas,
Perseus the mater
I am not a fan of Tommy Lee at all, nor of Cabral but I do support his claim against the government.
Well done Mr. Douglas! We CANNOT allow Skerrit to use his political power as well as his religious support to do what he wants when it suits him and his selfish, corrupt, and devilish agenda and to hell with the rest of us when it doesn’t support his politics. I wish you all the best and for sure you will be in my prayers
“we cannot allow Skerrit to use his political …….” Let’s assume Douglas is successful at the CCJ, who is going to pay the bill Skerrit or the tax payers of Dominica?
Should have thought about that when the decision was made and fought it back then. But you all thought this would just blow over without repercussions. Too bad. At least in the long run we will all benefit because this will be a landmark case to show that governments cannot blatantly disregard the rights of people to suit their political agendas.
You that paying for it genius!
Stupes