The stage is set for what may be a long legal battle between carnival bands, Thunder Birds Inc, and Karnival Korner and the Discover Dominica Authority (DDA).
The parties have reached a deadlock in their efforts to settle a dispute over the awarding of Adult Band of The Year for 2016.
In February, the DDA announced Afrikulture Stilt Walkers, with their presentation “Tempest Island Alive,” as the winner of that category but Thunder Birds Carnival Band and Carnival Korner, wrote to the Authority expressing their “disagreement and opposition” to the decision.
In their letter, they asked the DDA to review the matter or face legal action. The Authority did not respond and the bands obtained an injunction from the court preventing the DDA from awarding the prize money to the Afrikulture Stilt Walkers.
That injunction was lifted on March 22, 2016 when the parties met in court.
In their statement of claim, Thunder Birds Inc and Karnival Korner, represented by Caesar Emanuel and Emmanuel LoBlack, claim (7) seven grounds of “negligence” by the DDA who they state, among other claims, “failed to train its agents and servants in the judging criteria for a band to be eligible in the competition and to be adjudged the band of the year.”
The statement adds, “Claimant therefore claims disqualification of the Afrikulture Stilt Walkers in the Adult Band of the year competition and the granting of prizes of the Adult Band of the year 2016 and the runner-up position to Thunder Birds band and Karnival Korner Carnival Band respectively.”
They are also claiming damages, costs, interest and “further other relief as the court deems just.”
Attorney at law, Glen Ducreay, is representing Thunder Birds Inc and Karnival Korner.
But in its defense, filed by its attorney, Rose-Anne Charles, the DDA totally refutes the claims and said “The claimants were judged by a panel of trained, experienced judges who properly applied the rules fairly with adequate competence and skill.” They called the claims by Thunder Birds Inc “unsubstantiated…have no merit and are an emotional response of sore losers following their failure to win first place in the Adult Carnival band category when up against a relatively new band Afrikulture Stilt Walkers, over the past two years.”
“As a result, of the forgoing, the Claimants are not entitled to the remedies claimed by them against the defendant,” the defense concludes.
Officials of Thunderbirds Inc and Karnival Korner said they were hoping to have the matter settled out of court but the matter will now proceed to trial as efforts in that regard have failed.
you see we Dominicans will always end up last in everything that’s good for the country. We don’t take time to listen, understand and read what is going on. We fail each time to gather the essence of what is right or wrong. Ever so often we sit by and just let wrong things continue, why because we are not interested in maintaining good principles. Here it is again we are putting our emotions first rather than looking at where and how we have gone wrong. It is not about whether Thunderbirds or Karnival korner have won first prize before and that they should now give up to the young ones because they are young. It is not about that. The judges should be guided by principles and if they err they should be told. Let your emotions stay out of your judgment and I believe if these two bands decided to pursue the matter they must have good reason to do so. For those who are booing I think its in poor taste, they need to look at the situation rationally rather than idiotically
All parties’ emotions are involved; Carnival is well loved in Dominica; but to be rational – Thunderbirds, Carnival Corner, and not even the new band Hysteria could beat the Afrikulture this year 2016. Glen with his capable legal mind is fooling Caesar and Emanuel. Speak the truth to your clients. Money is the leading factor behind this case. Stop tarnishing the name of Afrikulture, this band should sue all you after all this is done. False accusations were brought forward in the media and at mediation it still couldn’t be proven that Bwa Bwa were cheaters since everything was all inconclusive. Re the principle of the incompetent judges by DDA failing to train them. Do any of you know the process involved? For years when the claimants were winning, the judges did a splendid job and their work was never questioned but now there are new winners the judges are terrible. Double standards. But time for this baseless case to be done with.
Are you people for real?
It’s the principle of the matter, NOTHING to do with money or greediness….
I didn’t even see the parade on Tuesday, so I have absolutely no stake in this matter. However, if there are rules and regulations governing the judging criteria, then the judges should stick to it. Not because is children and they were ‘looking so cute’ on the stilts means we have to just let go of the rules.
I mean, what kind of message are we sending for our young people???
Come on Dominicans, get with the program. It’s 2016, not 1916.
And Bwa Bwa people followed the rules/criteria just like every other band so it has nothing to do with cuteness. Give Afrikulture what they deserve. I heard no band made the two rounds within the stipulated time period which was from 11am – 2pm. So hello…present your facts that they were in default.
Let the young people live … Society to like to cry them down. See the positivity in Bwa Bwa and how these individuals embrace the art form. Traveling every summer regionally/internationally for how many years now. Sometimes on their own pockets.
Loblack has always been a sore loser
Big men with their small ego’s … learn to compete … Glen you’re very bias.
The young people of Bwa Bwa with all their parents’ influence and DOMLEC (their major sponsor) should come bigger and stronger to win masdomnik2017.
I find that’s a very selfish attitude by the thunderbirds cooperation,,after winnig band of the year for so many years,,this seem to be an attitude of harlem people on a whole, I remember when kensborough united put a beating on them,, they boycotted the game,, they went to war,, there main star player took of his boots and sat on the field,,he could not take that,,for a national team member,,no class,even their goalie,,they went into his home..and throw out his stove and cooking pots,,sad people..yep harlem people
Carnival in court??!! We to greedy, stop this nonsense.
But what I seeing there???? Is this necessary??????? SMH x1000. Absolutely ridiculous!!
So how much money are talking about here?
If this is about the prize money, it may cost them more in legal fees than they might collect.
and even if they do win in court and DDA does not pay the judgement, what other recourse do they have? What would they seize to claim against the judgement?
Now, given the present situation, what chance do you think these bands have of wining next year and beyond?
I wish that court case get called on Carnival Monday and Carnival Tuesday 2017.
Next matter on the society’s agenda.
Dominicans again, just showing they aren’t able to get things done properly and follow rules and regulations, just like the regime in power……often wonder if common sense cost a billion box to get in dominica..don’t their professional people in authority don’t see the evil they have bestowed on dominica….
all sectors are dead in dominica due to their evil and wicked mindset..dominica is rated as the poorest and slowest economy…they are so foolish in dominica they’re restoring to sell their dominica passports to get a few pennies, slavery is well and alive in a foolish place like dominica…
Are you kidding???? Wa d …… stupes eh
Afrikulture Stilt Walkers is band of the year….. the other bands need to step up their game. every year is the same feathers….. come On!!!!!! create!!!!! we need to see something new………..
Afrikulture i look forward to your new creation next year #bandoftheyear2017 booooooooom!!!!!!!!!!!!!