The High Court in Roseau

The High Court in Roseau

The State has discontinued all criminal proceedings against them after the court ruled in their favour in a judicial review matter.

But they are not yet out of the woods since the State filed civil proceedings which have frozen their assets.

Jhawnie Gage, his mother Arah Paula Cecil Davis and Edgar Peltier were arrested and committed to stand trial at the high court on money laundering charges but the matter was discontinued.

Thinking that it was all over the State filed civil proceedings against them under the Proceeds of Crime Act, Chap 12:29, Revised Laws of the Commonwealth of Dominica as amended by the Proceeds of Crime (Amendment) Act No 7 of 2013.

In documents filed by the court, DOMHCV NO 387 of 2014 dated December 23, 2014, High Court Judge, Errol Thomas granted, an ex parte order freezing the assets of Gage, Davis and Peltier.

The court ordered that monies held in the name of Jhawnie Gage at the National Bank of Dominica (NCB), Royal Bank of Canada (RBC) all be frozen along with his house, its contents, cell phones, a 28-foot fiberglass pirogue and a long list of other items.

They were also ordered to inform the Financial Intelligence Unit (FIU) in writing within 72 hours of service of the Order of all their assets whether in or outside Dominica and whether these assets are in their own name or not and whether solely or jointly owned. They are to give the value, location and details of all such assets.

The court also ordered that all three respondents must confirm the information in “a Witness Statement which must be verified by a certificate of truth and served on the FIU within 21 days after this Order has been served on them.”

The Witness Statement, the court ordered, must include the name and address of “all persons including financial institutions holding and such assets; details of current salary, if any, or other form of income, identifying the amount paid, by whom it is paid and the account or accounts into which it is paid.”

The three have also been ordered to give details of all assets over EC$2,000.00 in value received by them or anyone on their behalf since May 2007 and must identify the name and address of the person from which such assets were received.

It is further ordered that the High Court order remain in effect until further notice or another order is made from the court

“If you Jhawnie Gage, Arah Paula Cecil Davis and or Edgar Augustus Peltier, fail to comply with the terms of this order, proceedings may be commenced against you for contempt of court and you may be liable to be imprisoned,” the order reads.

David Bruney is lawyer for Peltier while Zena Moore Dyer and Gina Dyer-Munro, represent Gage and Davis.