The Caribbean Court of Justice (CCJ) has blocked Cabral Douglas from suing Dominica in the long-running Tommy Lee Sparta saga.
Douglas had demanded US$3-million from the government in compensation after the controversial Dancehall artiste and his entourage was deported from Dominica in February 2014. He was slated to perform at a concert organized by Douglas.
Douglas’ demand was turned down by the government, however, he took the matter to the CCJ.
But in an 18-page judgment, the CCJ has prevented Douglas from suing the government in the matter.
“The facts alleged do not suggest that the Applicant (Douglas) was a patron and in this sense, a recipient of entertainment services …,” part of the judgment reads. “On the other hand, it may be argued that as a ‘middle man’ standing between the concert patrons and the entertainment suppliers his position could be assimilated to that of a patron. The Court does not have to decide this issue because in either event, the Court holds that whatever right he may have had in this regard did not accrue to him directly.”
Douglas has expressed disappointment in the decision.
“I’m obviously disappointed with the decision,” he stated. “But, what is even more disappointing is the state of jurisprudence in the Caribbean. There is a reason why only 4 out of 15 counties have agreed to embrace the jurisdiction of the court as its final court of appeal, and this decision, in my humble opinion, is a clear example why that is the case.”
He believes the CCJ has “squandered a tremendous opportunity to build its credibility as an international court.”
“In order to achieve credibility amongst the Caribbean people, at some point, politics, corruption and personal relationships need to be removed from judicial decision making,” he stated. “In its decision, the court is essentially saying that Tommy Lee Sparta, and each member of his team have a cause of action at the CCJ, the patrons in Dominica who would have attended the concert have a cause of action at the CCJ, but Cabral Douglas, the signatory to the contract for service, is barred from proceeding with his case at the CCJ…”
Douglas stated the decision is “laughable at best.”
“Not only is this laughable but it opens the floodgates for litigation, which clearly could not be the intention of the Revised Treaty of Chaguaramas. If for example there were 1000 persons planning to attend the concert that would mean there could be 1000 potential lawsuits by patrons seeking to recover the $50 price of admission…” he said. “The absurdity of this point cannot be overstated. The highest court in the Caribbean, led by Sir Dennis Byron is saying that third parties, not privy to any contract for service can bring an action in an international court to recover nominal damages (i.e the price of admission) against Dominica. Yet the one person, who contracted to receive the service, paid the deposit, made all the travel, accommodation, and stage show arrangements, as required under the service contract, and has suffered substantial loss, both pecuniary and non-pecuniary, is barred from bringing an action in the same international court against Dominica?”
Tommy Lee, whose real name is Leroy Russell, was to perform at a concert in February 2014 in Portsmouth, organized by Cabral Douglas, however, organizations, such as the Dominica Association of Evangelical Churches denounced the artiste’s appearance saying his music glorifies Satan and promotes lawlessness and violence.
On his arrival in Dominica, Tommy Lee, 26, along with his three-member team, Tiasha Oralie Russell, Junior Fraser and Mario Christopher Wallace were denied entry, detained and deported the following day.
The government of Dominica said its action was based in the interest of public safety.
Tommy Lee responded with a US$3-million lawsuit saying that his rights were infringed based on the Treaty of Chaguaramas, which governs CARICOM member states. The treaty says that member states should commit themselves to the goal of free movement of their nationals within the community.
Attorneys representing Dominica and those representing Tommy Lee are still in discussion in the separate lawsuit brought by the artiste.
Tell Tommy go home and plant grass we have noo money for him kiss Jack
There is price to pay for ignorance…
The internet is there to inform us. No longer can we be ignorant of certain facts. We need to listen to news as well as read. Only then can we make informed decisions. We have a responsibility to rise from where have been, no longer should we say someone told me. We should be able to say “I read”.
When we depend on only one source of information we are in trouble we should also be able to analyze information for our selves. We must know when it is actually a spade.
This decision was rigged!!!
http://www.caribbeancourtofjustice.org/audio/dmoj2016-001/20161212/dmoj2016001_121216b.mp4
I Dont really care much for this case.
It should have been a fair judgement; however, man are unable to judge for they are not God.
Tommy could have won his case… but he doesn’t seem to believe in God. Can’t step on the rock if you are unwanted.
I wonder what Cabral would have said if the decision was in his favor. I also wonder if he would have castigated the Privy Council if they had heard the case and ruled against him. The CCJ is a testament to our independence, intelligence and integrity and we should respect it.
The CCJ is a Kangaroo court…
even the justice sytem appears rig.
I find this ruling to be very bizarre. The man has suffered a material loss and he is not allowed to sue to recover his losses because of the indiscriminate action of the government? Strange indeed.
Zandoli just one question, Who is the government that would pay that money?
fyi… there is always a risk that a perform can be banned from entering the country. It is a risk that promoters take all the time.. for example.. Chris Brown had a scheduled concert in Canada and he was turned away at the border. There is never ANY guarantee that someone will be allowed into another border…. there are always circumstances which allow for deportation or a turning away at the gates
if every promoter would sue.. then what’s is the point?
just like if each patron can sue… they could do so as a class action as opposed to individuals, thus mitigating the cost.
Chris Brown required a visa to enter Australia. But due to his felony conviction he was denied the visa by Australian immigration according to law. So the promoter, in that case, needed to secure the visa first before he could go ahead and promote the show. So, there is no case in that scenario. In the Caribbean on the other hand, nationals DO NOT require visas to enter CARICOM member states. In fact, all CARICOM citizens carry CARICOM passports and are entitled to free movement throughout the community, and the government of Dominica had no legal grounds to deny him entry. This is why the government has offered to settle the case. But they refuse to settle the case of Douglas, obviously for political reason, and the CCJ has now involved themselves in these politics….because there is no reason why Douglas should not be allowed to sue Dominica for consequential losses…
Grenada resoundingly rejected the CCJ in a referendum, so has SVG, and the 4 countries Dominica included who have adopted the court was by way an act of Parliament without going to the people, so clearly the court has credibility issues among the people of the region…to the extent that they would rather go all the way to England and face the privy council rather then accept the CCJ…
Cabral claims are exorbitant but he deserves so compensation since he spent money preparing for the show…..
CCJ are judges appointed by politicians, the are tools and toys of politicians….
who’s next
The CCJ sits in Trinidad and not even Trinidad has accepted the court as its final Court of Appeal…hmmmm I wonder why???
The people protested that they did not want him to perform he came anyway. He should blame the organizer who encouraged him to come.
It’s the organizer bringing the case!!!
Hahahha where all of them that was saying the government going to lose lol
Obviously it’s a perfectly legitimate case, and if one is being blocked from bringing legitimate case to the highest court in the Caribbean, then the court is a kangaroo court it’s a simple as that….
The media should not be doing any promotion of the judgement of the CCJ because Levi Peters call for it because there are to many cases that are out there that haven been delt with so Peters take a hike. I think Douglas should go after the Association Evangelical Churches after all they were the ones who complained saying that the concert would glorifies Satan, lawlessness and violence, A Peter and Paul justice.
Like Cabral, I am baffled by the decision of the CCJ.
I would like to no why pm is the minister for finance he should be for security he should empty the country bank account cause we da ppl to sort to let these kind of things to happen
@ papa Stop talking rubbish you bloody ediot and get back under a rock before the tide gets in !!!
Sixth Nine who laugh last laugh the best, sooner or later we will hear who will be running to the rock for rescue and who will be abandoning ship before the high waves come in, it takes one idiot to know one, you need to go back to school, the word is (IDIOT) you fool, stop drinking Skerrit Jim Jones Kool Aid and run, you Idiotic fool, this is why after Skerrit sold Dominica and fools like yourself, he called you and those drinking his kool aid Global Citizens, when the Middle Eastern and the Chinese will come to take over their merchandise Dominica, I do hope that you will not jump in the Roseau River, like the one who used to harassed people children in Roseau, if you do not know who, go figure it out
where were those celebrating the country’s demise?
The power or prayers! To God be the glory.
Don’t put GOD in your horse manure
God doesn’t like bad mind or when people try to take away food from hard working people’s mouths. Tommy came to do an honest job for honest pay. Let the singers and players of instruments be joyful. That is in the same misconstrued bible you all read and confuse yourselves with. You church goers behaved like the pharisees and scribes. not saying the artist is Jesus or christ-like, but got church goers and God fearing people you sure out your pride way before you and judge to the point where you force leaders and threaten with votes to take your stance on a private matter trumped up to seem like it was notional interest. superstition still prevails in 2017 where we live in fear and cowardice of what we know not but swear we are experts.
In my opinion CCJ stands for Cabal Criminal Justification, and it does not surprise me at all to hear their verdict today. I have absolutely no confidence in CCJ or CARICUM,as anyone can clearly see their job is have each other’s back and to hell with the citizenry.
At the Privy Council, there would also be a winner and a loser. I guess Mr. Douglas would be more accepting of the decision against him if it were given by the Privy Council. With all our fancy talk we have not moved away from the bondage of slavery. Behind our black masks, too many of us still believe that white is always right.
This is all nonsense and disrespect by those he feel they are higher than those who promoted the artist and his music. It seems to be based on emotion not on facts and rights because it is absurd. If not then what good are contracts?
Ah boy Cabral you try something, it didn’t work. Now on the other hand, if the CCJ had ruled in your favor, would you have described it as you do presently?
That’s the thing with you HATERS, once things don’t go your way, there seem to be a problem; if it works your way, everything is nice and dandy.
Good point… look at it this way.
Lets say you have a nice 2017 infinity jeep, you decide to go portsmouth and the ride break down Jimmit.
The way you would describe it is not the same as you would describe it if it had reach portsmouth.
So I believe your opinion or description of a thing can change depending on how it reacts at a time?
you sound like a hater yourself. If you clearly cannot see the problem in this case then people like you with your mentality are part of the problem Kid. Let us just assume it was sparrow he was bringing down. Or lord Kitchener, or some calypso artist that the calypso lovers all wanted to see. The show was advertised, you bought tickets for you and your woman, you are excited because its all on the radio, internet and posters and flyers. then that afternoon they tell you they not allowing sparrow or whoever to enter for whatever nonsensical reason (he singing nasty song about salt fish and eating woman so and so and whatever vulgarity that masked in the songs. Say it was you who are the promoter and paid for flight hotel room and board etc, plus cash advance. the same day Sparrow arrives, they tell you they not allowing him to enter the country and he must leave. no forewarning, no heads up no nothing, except for when the artist was coming through immigration. id sue too i sure u would
This is a nice way of looking at it. Well done
great open minded argument.
If you asked me no amount of vulgarity or making nasty words in song can equate to a man worshipping Satan in his song he may well have had to invest more evil to our country to add to so much we already have to deal with God answers prayers I’m happy with the decision by the CCM
Fate of Mankind, you make no sense to me. You out of context!
Kid on the block and that is precisely why you are part of the problem. you fail to comprehend the implications of the matter instead revel in nonsensical results, simply because it suits your agenda, which is being a hater. your mindset will not allow you to look beyond emotion, feelings and personal opinion it seems. We are speaking logic. Now Iamanidiot are you saying that vulgarity itself has no negative effects on the human psyche? and doesn’t influence its listeners to sin? Are you saying that vulgarity would have been accepted by your lord god Jesus christ? If so why isnt triple k played at church when they suggest that young ladies bend down for their wood? For those who are fans of dancehall, not just people who have heard a song or two, we knew what kind of show to expect from Tommy as ADULTS. The churches complained about the youth being affected. The concert was mot meant for children who should have been in bed at the time. Tickets were sold to adults.
If you a going to make comments dealing and look at the findings of the CCJ that would be prudent but to go so far by calling any one HATERS is un productive, and that’s why I suggest that people should look at their comment before pushing the “enter” button because your comment is reckless .
Injustice, your name says it All; did you look at your comment before pushing the ENTER button? I’m pretty sure if the CCJ had rule in his favor he would singing a different song.
Reading the story, your comment is exactly what i was thinking. Just what would he have said, had they decided to take on his case. Smh
Did u go to school.. did u do English in school.. u seem to have an understanding problem.. or maybe u need glasses or u are just blended by party colours.. but when one day u end up in front of the CCM and all your rights is thorn out the window hope u can sing the same song u are singing now