A civil matter, Prime Minister Roosevelt Skerrit et al v Hector John, is one of the interesting cases on the cause list of the The Eastern Caribbean Supreme Court (ECSC) which meets in Dominica from today, November 11 to November 15.
That matter deals with the United Workers Party’s challenge to what it claims is the unconstitutional election of former president, Eluid Williams.
In a judgement handed down by High Court Justice Lionel Jones, on February 22, 2013, he stated that he accepts the Respondent/Claimant’s ( Opposition Leader Hector John) contention that he has a significant role to play in the process of the election of a president and for this reason, “I hold that his locus standi is indisputable.”
He also questioned a certificate produced by the Speaker certifying the election of Williams as President of Dominica. “It seems to me that from the above, the integrity of the Speaker’s Certificate is in question and a clear path to the Court under section 103 remains open. I hold in the circumstances that this court has jurisdiction to entertain this claim,” Justice Jones stated.
According to Justice Jones, after giving careful consideration to the arguments and authorities cited in this matter and in all the circumstances, “I hold that the Court has jurisdiction and the claim in not frivolous, vexatious nor an abuse of the process of the court”.
“The framers of the Constitution of the Commonwealth of Dominica never intended that the election of the President, the Head of State should become entangled in controversy. The role of every participant in the process is clearly spelt out. But like in all spheres of life, dispute arises from time to time,” Justice Jones said. “It is beyond dispute that the Constitution is the supreme law and the powers of Government and the Parliament are circumscribed by the Constitution.”
The Judge further stated that where there has been any breach of the Constitution, the “courts have the final say.”
The government is appealing the judge’s ruling.
In another matter, Kieron Pinard-Byrne is seeking leave from the ECSE to take his case to the Privy Council, after the ECSC over turned a High Court decision which ruled that journalist Linton had libeled him (Pinard-Byrne).
The court said, in its ruling, the decision was based on qualified privilege. In very broad terms, qualified privilege is immunity from lawsuit for acts committed in the performance of a legal or moral duty and acts properly exercised and free from malice. Examples of qualified privilege include immunity from defamation for statements made in the course of an employer’s duties and in case of the press, immunity from defamation charges for statements made in good faith, unless it can be proven it was done with malice.
Pinard-Byrne said in March this year that his decision to appeal to the Privy Council, was based, among other things, on Canon Law 220 which states, “No one may unlawfully harm the good reputation which a person enjoys or violate the right to protect his or her privacy”.
“Guided by this infallible doctrine and based upon legal advice; and with the conviction that the enjoyment of a qualified privilege ‘walk-away’ by Mr. Linton is simply wrong in law and a death knell for an honourable journalistic profession in Dominica; I have instructed Senior Counsel, Tony Astaphan, to appeal the Eastern Caribbean appeal Court decision to the Privy Council,” he said.
The ECSE meeting begins at 9.00 this morning at the Parliament building in Roseau.
The london frame constitution we still enjoy hope it can deliver on true justice please ECSC USE THE CONSTITUION BRING Clarity
basic commonsence
Every rope has an end, even the longest one.
Do not be biased simply because you choose to side the ruling party on such a clear cut case based on our constitution.
In fact the more you skirt the truth for your own personal selfish interests, the more the country becomes the laughing stock of the Caribbean. It’s only a matter of time for your deeds to catch up with you and those who fail to support “TRUTH TO POWER.” I urge you to get on the right side of history before it’s too late. Because it will not be long before the wheels of justice turns in the right direction.
Thank you. You did not put my comment but you corrected the errors anyway. LOL.
He did it with Eluid Williams and he repeated the same violation Savarin. This is the work of a tyrant/dictator. This current Labor Party administration is the worse in this nation’s history.
The presidency i a ceremonial role. tell hector ai pack! UWP need to discuss serious concerns in Dominica and there is. So far they have not.