ECSC reserves judgement in Mariette Warrington matter

Marriette Warrington is in a court battle with the Dominica Broadcasting Corporation
Marriette Warrington is in a court battle with the Dominica Broadcasting Corporation

Judges of the Eastern Caribbean Supreme Court (ECSC) have reserved their decision in a high profile case involving former general manager of DBS Radio Mariette Warrington and the Dominica Broadcasting Corporation.

Warrington was dismissed from the Corporation and the matter was taken to court, but high court judge, Brian Cottle, dismissed it and ruled that she did not have a case.

Cottle also ordered that she repay in excess of $60,000  to the corporation.

She appealed that decision and through her lawyer, Cara Shillingford, sought to convince the ECSC that they should over turn the decision.

In a very eloquent and convincing argument, Shillingford told the court that two crucial statues that govern this matter were “the Labour contract and the Dominica Broadcasting Act.”

In his decision Cottle had ruled the DBS Act Section 6 stipulates that the prime minister shall be consulted for the appointment of the manager.

Shillingford told the court that it was a “mandatory obligation by the board” to consult with the Prime Minister, however “where different words are used in different legislation, they are intended for different meaning…and that is the intent of parliament where the laws are passed.”

However, the ECSC judges told her that the Act is “clear and unambiguous” that the prime minister shall be consulted for the post of manager.

Shillingford responded by saying no one can say if the prime minister was consulted and the respondents had a moral obligation to so do and show evidence during the trial, but they had failed.

Alick Lawrence SC, who appears on behalf of DBS together with Rose-Ann Charles, told the court the burden of proof “does not fall on the respondent”.

“We deny that the evidence points decisively to one direction.” he told the court. “The prime minister, as the Act states shall be consulted. That had not been sought or obtained and so it’s fatal.”

He asked the ECSC to dismiss the appeal and uphold and affirm the decision of the high court.

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14 Comments

  1. anonymous2
    November 15, 2014

    And around the mulberry bush we go.

  2. jeffrey
    November 14, 2014

    cara is the best upcoming lawyer in Dominica she will definity turn that case around, she is also my companys lawyer.

    check her at the issa trading building next to isidores office.

  3. J John-Charles
    November 14, 2014

    In a very eloquent and convincing argument,Shillingford told the court, etc etc. Oh! how I love to read this one.

  4. Sunshine City Girl
    November 13, 2014

    My sister, just give that situation to the Great Problem Solver. He will take care of it.

  5. Anonymous
    November 13, 2014

    brilliant work Cara. Keep it up. Your dad should be extremely proud of you and he should follow your foot steps.

  6. george Fontaine
    November 13, 2014

    You live by the sword…you may die by the sword…

  7. Positively Dominican
    November 13, 2014

    @ WHAT IS THAT

    Miss Cara Shillingford is a young Attorney at Law…………very intelligent and wise young lady. She hails from the village of Salisbury and is the daughter of Mr Hilary Shillingford.

  8. truthma
    November 13, 2014

    cara shillingford is a young lady from salisbury who has just graduated from law school this year .

  9. smh
    November 13, 2014

    mariette its all bout politics…. u see u that skerrit there… hmmmmmm..

    • Joking
      November 14, 2014

      Hey people..Everything is not about politics…”This little pig went to market, this little pig stayed at home, this little pig had roast beef and this little pig had none and this little pig cried wii, wii, wii,, all the way home.. Every pig has its Saturday..

  10. tool
    November 13, 2014

    She came from law school last year. With good grades

  11. Anonymous
    November 13, 2014

    She came from law school last year. With good grades

  12. What is That
    November 13, 2014

    Who is that Cara Shillingford na? Just asking.

  13. Views Expressed
    November 13, 2014

    GOOD LUCK MARRIETTE….GOOD LUCK

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