Sir Brian has a perverted perspective – Senior Counsel

Astaphan

Senior Counsel Anthony Astaphan has responded to an article written by Sir Brian Alleyne which describes as ironic the fact that Prime Minister Roosevelt Skerritt and Education Minister Petter St Jean sought protection from self-incrimination during their recently concluded election petition court matter.

In the item, which appeared in The Chronicle newspaper, Alleyne said, “The irony is that a person who has sworn a solemn oath to uphold and protect the laws and the constitution of Dominica should find himself placed in a position of having to resort to the protection against self-incrimination, especially in relation to the very oath he has sworn to, uphold and protect the laws and constitution of Dominica.”

Astaphan has responded to Alleyne’s statements saying that the former Chief Justice has presented a “perverted perspective” in his examination of the issue.

He said, “I think the article by Sir Brian is a rather perverted perspective of what actually transpired and more so a perverted perspective of the application of the principles of self incrimination within the context of the election petition. He seems to have forgotten the very same lawyer who represented the UWP, Mr. Mendes, made the same argument successfully in order to keep Baldwin Spencer, the Prime Minister of Antigua, out of the matter in Antigua and Barbuda and the court held as a matter of principle that it ought not to have jurisdiction to compel any respondent to give any evidence which might, may or possibly lead to his prosecution or incrimination.”

He continued, “So, all we did was apply a single, solitary, small part of our case, a principle of law that is well established in our election law and the application of the election law.”

He also pointed out that the requests for protection from self-incrimination was only a small part of the case that they presented and the bigger part of their presentation was the contention that there was a lack of evidence before the court and that the burden of proof had scarcely been met.

Astaphan  remarked, “The second point I want to make, as a matter of fact, we never argued that if the Prime Minister give evidence he will incriminate himself. We said that as a matter of the exercising of her discretion, the judge ought to consider whether there was a risk of prosecution and self-incrimination but the significant part of our case had nothing to do with self-incrimination but an application of the basic principles of burden of proof, standard of proof, whether or not there was evidence of French law which showed the Prime Minister or St Jean, by their own act, committed any act which could lead to their disqualification, by their own hands, under the provisions of the Constitution. And our case was that there was no such evidence before the court. That was the primary and the fundamental focus of our case.”

He concluded, “So I don’t know what is troubling Sir Brian, once again.”

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94 Comments

  1. Adult ED
    October 12, 2011

    The case being before court and Brian Alleyne’s motive for making such a statement without evidence of wrong doing by the PM and St Jean is cause for suspicion. Senior Counsel Astaphan’s view of this being a being ‘perverted perspective’ appears to have merit. The law in question is in place to protect all including the PM and St.Jean. Regardless of guilt or not being guilty they can choose to use the law if they think it will be beneficial to them. The onus of proving the case rest with the ones who have brought the case before the courts. According to the law the PM and St.Jean are under no obligation to testify on this matter regardless if they are innocent or guilty. Utilising the law does not mean someone is guilt rather what it does is force those who brought forward the case to rely solely on supposing evidence they may have acquired. It also does not give them any opportunity to try and extract any type of information that could bolster their case by the defendant having to testify. Again I stress the defendant has no obligation according to the law in question to testify and this does not prove guilt. We all know that lawyers can make even the innocent appear guilty and not even the PM or St.Jean is immune to that ability. The point remains that law is in place and can be used by anyone regardless of position and so it was. Now the case relies solely on others testimony.
    Sir Alleyne’s statement of presuming of guilt is one opinion and not proof of any wrong doing. On the other hand one can also take a different view of the case and assume they use the law not only to avoid having to testify but to further embarrass those who have gone out on whim to try by any means necessary to tarnish the government reputation.

  2. hmmm
    October 12, 2011

    Tony is doing what he is trained to do…DEFEND! Tony I admire the passion in your words and the way you execute your duties…keep it real. Let those who accuse, prove themselves!!!Keep it up Tony.

  3. observer
    October 12, 2011

    TONY YOUR DAY WILL COME YOU WONT LOSE YOUR VOICE YOU NEED IT TO ASK DOMINICAN FOR FORGIVENESS DONT WORRY I WILL GRANT IT TO YOU MY SON

  4. forreal
    October 11, 2011

    we all know that brian alleyne was a porto freedom under eugenia charles,so what makes you all believe that his statements are not politically intended,all this so called states men are working for their own ends,brian probably would like to see his own class back in power,tony on the other hand knows them well,because he is of that same class to,probably that is why tony is reacting to what he is saying,dominican people must be vigilant on all fronts in this political climate,don’t just check only the prime minister,beware of everyone in this political circle and their motives.

    • 100 % Dominican.....
      October 13, 2011

      Stop talking without thinking!!!! Brian Alleyne was AN HONOURABLE SERVANT OF HIS NATION in all that he did while working in the Freedom Party government!!!! Look around you!!!!Observe!!!!!!!! Mr. Alleyne constructed his home in the mid seventies and lives at the same home today!! Look at the home in which he lives after toiling for 16 years in government and then going on to serve as a most distinguished judge to date!! Is it A MANSION by any standards???? LOOK AT THOSE GOING UP AROUND YOU IN COMPARISON!!!!!!!!! He toiled and sacrificed for his country while fellow lawyers flourished around him!! He drove HIS OWN VEHICLE to and from work and used GOVERNMENT vehicles only when necessary, unlike most, IF NOT ALL of the ministers in the present government, WHO SEEM TO ALL BE DRIVING SOME OF THE MOST EXPENSIVE VEHICLES OF THE DAY !!!! WHO IS PAYING FOR THE MAINTAINANCE………GAS, TYRES, SERVICING ETC????????? He hardly had a holiday in those sixteen years………..we could go on and on!!!!!! DO YOU SEE ANY OF THAT HAPPENING TODAY WITH THOSE WHO YOU SEEM TO SUPPORT????????????? DO THEY LEAD BY EXAMPLE???????? MORE IMPORTANTLY, CAN WE AS ORDINARY DOMINICANS FOLLOW THAT EXAMPLE??????? CAN WE AFFORD TO???????????

      My friend, Mr. Alleyne and his wife are extremely humble people who have taught their children to be the same!!!!!!!!! They have served the country and the Caribbean well and we should be proud to stand by their side as Dominican people!!!!!!!! Open your eyes and stop being so ignorant of what is happening before your eyes!!!!!!

  5. southcityboy
    October 11, 2011

    What do you expect from Tony. He is in defensive mood. A clear violation of our constitution is what we are dealing with. So sail on Tony every rope has an end.

  6. Looking in
    October 11, 2011

    Tony……sems d PM is rubbing off on you,,,,you all see and read what you all want when people make comments and write articles.
    But,,soon,,Time will tell

  7. MASSACRE
    October 11, 2011

    TONY SANG FOR HIS SUPER UNDER FREEDOM, UWP AND NOW LABOR. SO IF SKERRIT THINKING HE HAS TONY BY THE HEAD!! TELL HIM TONY WILL LEAVE HIM AS SOON AS HE LOST THE NEXT ELECTIONS.

  8. DOMINICAN
    October 11, 2011

    DNO I WILL SAY IT AGAIN, TONY FHORGOT THAT HE HAS A THE SAME PERSPECTIVE REGARDING THE GON EMMANUEL CASE. WHY HE GO ON RADIO AND INREVIEW SOMEONE WHOM THE POLICE WAS INTERESTED IN? SINCE WHEN HE IS A POLICE OFFICER IN THE CDPF?

  9. Marcel
    October 11, 2011

    When it comes to law, Tony not in Sir Brian’s League.

    It is clear that Tony missed Sir Brian’s point. Even the Chinese fella “Some Ting Not Wong” got it clear and with
    permission I quote the Chinese man below:

    “Hold it, Tony! Read Sir Brian’s article again. He is not evaluating your legal strategy. On the contrary, it appears he thinks it worked. He is targeting the role that the Upholder of our Constitution should have played in the matter of defending the text and intent of the Constitution. He was questioning on an ethical line….”

  10. October 11, 2011

    This man has the most twisted mind that one can have yet he accuses Mr. Alleynes’ statement as a perversion of the facts. It’s like canawi ca di shodier bondai noir. Almost everything that comes out of this mans mouth is nothing but vile political spew intended to first of all keep ignorant supporters in that state of mind so that he and his ilk can continue their exploits

  11. Sum Fing Not Wong
    October 11, 2011

    Hold it, Tony! Read Sir Brian’s article again. He is not evaluating your legal strategy. On the contrary, it appears he thinks it worked. He is targeting the role that the Upholder of our Constitution should have played in the matter of defending the text and intent of the Constitution. He was questioning on an ethical line. But, again, I read an article by Dr. Artley Aaron making a case that politics is not for men of integrity, ethics and morale. Artley stated bluntly that ethics are for Pastors and Priests, not for politicians.

  12. executive command.
    October 11, 2011

    ADMIN today I cry tears of JOY for truth and honesty to prevail in the land of my forefathers, a place where my parents died working to earn the little that the aquired and now the land that my children will inherit to work grow live love and die…..admin….you will be in my prayers tonight….when I cry for god to bless my family tonight i will also pray for him to bless you admin!! bless you bless you bless you.. amen and amen…..

    ADMIN: What did we do to get on your good side. We are sure by tomorrow you will be cursing us. SMH

    • executive command.
      October 11, 2011

      we are each others keepers admin….all for one and one for all…..you know its a hate love relationship we have going here….when this is all over we must link up and have a drink…..yeah I’m like that…..I can agree to disagree once it does not affect my children…

  13. tilily
    October 11, 2011

    DNO IF YOU SHOULD PERMIT THE PEOPLE TO SEE AND READ TONY ASTAPHAN THEN AND NOW!!

    THE ARGUEMENTS IN ST KITTS AND NEVIS BY TONY ASTAPHAN.

    Elected Caribbean officials must not hold allegiance to a foreign power, says regional constitutional lawyer

    BASSETERRE, ST. KITTS, AUGUST 5TH 2009 (CUOPM) – Persons seeking membership to Caribbean parliaments or to be appointed prime ministers of Caribbean nations cannot subject themselves to the oath of allegiance of a foreign country, prominent regional constitutional lawyer, Antony Astaphan said here.

    Related: The Full Interview (Download Audio) CHECK http://WWW.CUOPM.COM

    “When you go to Parliament you owe your obligations and oaths of allegiance and your duties and everything that you have as a politician to the people of this country. You cannot be subjected to the laws and obligations of a foreign state. You cannot be subjected to the draft of a foreign state,” said Astaphan in radio interviews here.

    Two years ago two senior officials of the opposition People’s Action Movement (PAM), political leader Mr. Lindsay Grant and Parliamentarian, Hon. Shawn K. Richards, confirmed they are naturalized citizens of the United States and on the eve of general elections claimed to have renounced their American citizenship.

    “Just imagine if America goes to war and Shawn Richards and Lindsay Grant get drafted and have to go to Afghanistan or Iraq or to some other area of conflict,” said Astaphan.

    The Dominica-born senior counsel, whose father was born in St. Kitts, pointed out that United States citizens pay taxes on their income regardless of where they live. Can you imagine a sitting Minister of Government in the Caribbean being prosecuted for tax evasion in the United States because he is an American citizen,” said Astaphan, who represent several Caribbean prime ministers and their governments as well as leaders of the opposition in Caribbean courts as well as the Privy Council in London.

    “The structure of our governance and the structure of our government prohibit for good reason, members of parliament owing an oath of allegiance to a foreign state,” said Astaphan.

    He said the Parliament of any country will well be in its right to require full disclosure to the Nominating Officer on Nomination Day and potential candidates must be obliged to produce evidence.

    Mr. Astaphan said under international law, renunciation requires a specific process.

    “The process takes time. It has to be done at a U.S. Embassy. It has to go to the Department of State and even to the Department of Homeland Security and maybe the Internal Revenue Service and there has to be nothing untoward in your record as an American citizen that would require the United States Government to refuse to accept one’s renunciation, because you may owe taxes or there may be something on the record that requires clearance or clarity before the final decision is made by the relevant authority in the United States,” said attorney Astaphan.

    “Look at what is happening in Jamaica. Jamaica is on the verge of another snap general election, because the parties are challenging each other on the issue of dual citizenship and it has destabilised the entire government and opposition.

    “It is a good thing in St. Kitts that we must know beforehand. Even if they can produce the document on Nomination Day, I don’t think they can be prevented from running, but the people of the Federation will be told by the St. Kitts-Nevis Labour Party that any vote cast for someone having dual citizenship in the Federation is a completely wasted vote and will not count. It will make no sense to vote for Shawn Richards or Lindsay Grant if in fact they have dual citizenship and if in fact their ‘certificate of renunciation’ is not a true and proper one from the relevant authorities from the United States. If by chance they win, an election petition could be filed within the 21 day period and could lead to their election set aside,” said Astaphan.

    The issue of dual citizenship became a public issue in 2006 when the Democrat – the official mouthpiece of the People’s Action Movement published false information that Prime Minister Hon. Dr. Denzil L. Douglas was a citizen of the United States.

    With rumours swirling, the political Leader of the PAM, Mr. Lindsay Grant admitted publicly in 2007 that his lone Parliamentarian, Hon. Shawn K. Richards was a naturalized United States citizen. Weeks later he himself admitted that he too was a naturalized U.S. citizen.

    Mr. Grant said that Richards would resign his membership in the National Assembly and repay the treasury all the monies he was paid as a parliamentarian. He is yet to do so.

    Last year the Labour Party Central Basseterre Parliamentary Representative, Hon. Dwyer Astaphan was challenged on his Canadian Citizenship in court, but a judge dismissed the suit citing it should have been filed within 21 days of the October 24 2004 General Election. An Appeal Court upheld the ruling.

    ASK THE PRIME MINISTER >>

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  14. CRY FOR HELP
    October 11, 2011

    Is Brian Alleyne questioning Tony’s legal strategy or is he questioning the the character of those who are sworn to uphold the laws and constitution of the land. Tony is just playing the bull dog role –that’s all there is. Brian Alleyne is not questioning the legal technicalities used by Tony.

    Have we ever considered the fact that our country is in such a state because we fail to exercise our basic principle and understanding on matters so trivial and as such politicians play us every day. If the PIP supporters would let Tony and Skerrit know that we won’t stand for this type of behavior then maybe we will begin to benefit from having honorable men and women who are committed to moving this country forward.

    I am sure that 9 out of 10 people who defend the action of the Prime minister within this forum know , in their quiet moment that the PM is absolutely at fault and is continuing to compound the situation with his utterances and Tony lies and Bull dog attack. Instead of spreading such arrogance and ignorant messages or responses why not pick up a pen or computer and write your beloved PM and tell him that in spite of your admiration and support that his action and behavior is unbecoming of a PM and that his reactionary responses are setting the wrong precedent for the young people. If laborites love their party so much maybe laborites need to take such action to insure the longevity of the party. One may ask why not issue a plea for the wealth fare of the country in lieu of political Party and my answer to this is – it is obvious that our priorities are with the political party not country and it maybe that if we exercise responsible behavior from a partisan base then that may trickle down to our national pride and development base.

    In my opinion Sir Brian Alleyne is making a statement that serves the future interest and development of our country. Instead of listening to the message we choose to crucify the messenger. If we must be honest with ourselves we will all admit that had Ron Green been before the courts he too would have used every technicality available just to hold on to power. However Ron is not before the courts. Our rationale is just too kinder garden like. Notice that Tony totally side swept the truthfulness of Mr Alleyne’s message and went on to attack Mendez and Alleyne , he did not touch on the fact that the very same men and women who are sworn to uphold the constitution are the very same ones destroying the constitution with the aim of using their political muscle to justify their total disregard for the same. Tony seem to forget his previous arguments on matters of Parliamentarians and their dual citizenship interest. He also seem to forget that he also argued that politicians who are sworn to follow the constitution should first demonstrate their commitment when they decide to fill in the application to make themselves available for public service.

  15. BRA
    October 11, 2011

    The Constitution and the Bible,
    You use what suits you,
    And do not care
    About what suit another.

  16. One Love
    October 11, 2011

    8-O SIR BRIAN IS RIGHT

  17. bawee
    October 11, 2011

    BRIAN ALLEYNE CANNOT GET WHAT HE WANT’S SO HE LOOKING FOR SOME MEDIA OUT POST.COME ON BRIAN KEEP TALKING.

    • WIKILEAKS
      October 11, 2011

      The moo-moo talking now

    • Observer
      October 11, 2011

      And you my dear are one of the many folks who kill the messenger and don’t listen to the message. If you are to look into Brian Alleyne’s bank accounts I am quite certain he can account for every cent he has to his name because he has worked hard from day one for what he has. He is an upstanding member of society and regardless of what you have to say I will believe his word any day over a PM’s who is disillusioned in thinking that he will for the rest of his days in office, continue to hide behind this ignoramus who twists and turns the law whenever it suits him. If you elected Tony then drink his cool-aid but if you elected Skerrit, demand that he respond to the voting public like a real man and not a Pinocchio who longs to be a real BOY!

  18. Anonymous
    October 11, 2011

    “WHAT IS TRUTH?” Such a timely and moral question to be asked of each of us who is proud to recite “I am Dominican, are you? 1. Truth is the religious leaders standing up and speaking against moral issues irrespective of who is at fault. 2. Truth is our Heads of Government being open, honest and truthful in effectively carrying out their God given responsibility to run the affairs of the state free from corruption, political victimization, fear, favor or ill will. 3. Truth is our media houses (sometimes) using their station to denegrade each other, for character assasination, making bias un researched statements. Truth is every single Dominicans putting aside all their politcal and religious persuations for the benefit of self and country exaulting the name of God and not self. Truth is not harbouring sin/evil/disobedience but dealing with (after all investigations have been made) it in a way that will not further jeopardise our relationships with donor agencies etc. Truth is taking a STAND against ALL matters of evil. Truth is stripping oneself naked before God and man knowing that there is nothing to hide.

  19. Papa Dom
    October 11, 2011

    Now tony, who has a “perverted perspective”? You should know sir, that the reason the court gave for not allowing the”Applications for Particulars” are not the same as being advanced by you. What the court was being ask to do was compel Mr. Spencer to provide particulars of a meeting which they claimed showed that the respondents were guilty of corrupt practices of bribery, treating and undue influence. In denying this application, this is what the court had to say. “[124] The Court is cognisant of its power to order disclosure by virtue of section 63 of the Representation of Peoples Act. The Court is however mindful of the fact that the Constitution of Antigua and Barbuda provides for the right to silence. Concomitant with that right is the right not to incriminate one’s self. It is right that the Election Court has no jurisdiction to compel a person to provide information which may well have the effect to impact adversely on his/her right to silence. This is even more critical taking into consideration that section 65(1) of the Act states that apart from the election being declared void a person reported by the Election Court as being guilty of corrupt or illegal practice is incapable of being elected to the House of Representative”.
    Nowhere is skerritt being accused in the petition of corrupt which could lead to criminal prosecution so your reference to what Mr Mendes argued in Antigua is way off base

  20. Prophet2
    October 11, 2011

    What are you afraid of Tony, afraid that you and your client will lose?

  21. law less state
    October 11, 2011

    tony how do you sleep at nights sir. on that day of repentance what will you say to the most high for all your unjust ..sir i will let the raft of jah give you your just reward for the fight against truth , righteousness and humanity…..

    • Ti Boy
      October 11, 2011

      Those of us without sin and claim to be the morally corect anf just ones will stand aside and watch Tony get his “just reward” from Jah. Remember that “sin is sin”. Tony’s sin cannot be bigger than yours and mines. If we want to point fingers, we better be careful about our own actions even if it has not been made public. Tony should not aologise or feel bad about his successes in court just because certain sections of the political community feel so. Tony or the UWOP’s “Don C’s”. give me Tony everyday

      • WIKILEAKS
        October 11, 2011

        AYYYEE TONY, DOE DO DAT!! U DOE SEE TI BOY JEALOUS??? BEHAVE BOI

  22. Nonsense Stopper
    October 11, 2011

    You all should be proud this stalwart son of the soil. If it wasn’t for Senior Counsel Tony Dominica would be in legal darkness. This man has elevated Dominica as a beacon of constitutional law.

    Prejudice just killing you parrows backside. Tony could be making millions as a lawyer anywhere in the Commonwealth, that’s how respected he is.

    The jealousy and hatred of like Lenox Linton, Edison James and now Sir Brian is evident for all to see.

    • posie
      October 11, 2011

      chorw, go by astaphans for your bread an tablet papa……… stupes

    • WIKILEAKS
      October 11, 2011

      I second that..Lennox only case won this far was framed by Tony Astaphan

  23. joe
    October 11, 2011

    Questions?

    Why are we paying an Attourney General

    How much money has Tony Astaphan made on the government lol

    • Karl
      October 11, 2011

      A ton less than he would be making elsewhere. Unlike the UWP senior councel (Lennox). Tony is well known and respected throughtout the commonwealth.

  24. Nonsense Stopper
    October 11, 2011

    Brian Alleyne wants to be president to get the house an car and unlimited expense account. The Judge’s salary is not working for him. Mr Alleyne should tell Dominicans if he has made any deals with a political party to be president if they become the Government. Miss Charles warned Dominicans about people like Alleyne.
    Mr Alleyne wants the Prime Minister to deprive himself of a protection available under the law to everyone, in order to prove that he indeed is abiding by his oath to uphold and defend the constitution.

    Where the hell did this go to laws chool? Politics can so blind a respected member of the judiciary that they are deprived of all logic and common sense?

    • Ti Boy
      October 11, 2011

      Remember when our government (Roosevelt Skerrit) campaigned for Sir Brian to be Chief Justice of the OECS and when one government (Mitchel from Grenada) stood in the way? We thought of Mitchel in not so flatery terms. He doesn’t want a Dominican to be Chief Justice. Mitchel must be laughing at us now. “He must be saying I told you so Skerrit”. Take it now.

  25. Anon Again
    October 11, 2011

    For several months after Barrack Obama was elected president, a group of detractors known as “birthers” accused him of not being qualified to hold the office because he was born outside the US. Obama put a stop to it by doing something he did not have to do: he published his long form birth certificate so all of American and the world could see. If Skerrit were innocent, if he had nothing to hide, if he did not have and use a French passport, and if he cared about Dominica and the cost to. and toll this is taking on, the country, why won’t he do as Obama did? something to ponder.

    • Accountant
      October 11, 2011

      Well Sir?Madam you cannot show what you do not have. Can’t you understand that?

      • SMH
        October 11, 2011

        No, but you can swear under oath that you don’t have it. Why is he afraid to do that? The Sin of Omission is still a sin.

    • Ti Boy
      October 11, 2011

      If you have difficulty proving your case against me, why should I help your cause? Is this our system of jurisprudence? The petitioner (UWP) has to prove its case. That is our system of justice. Skerrit is under no obligation to help the UWP. The UWP has to prove its case against Skerrit before Skerrit can reply. Why is that issue not getting the attention it deserves? Obama wa under no obligation to prove otherwise. He chose of his own free will so to do. That was his decision.

  26. J.J.John-Charles
    October 11, 2011

    There is no reason for all this talk.The PM should lead by example.Sir tell us, were you a French citizen when you contested the last election?

    If the foundations are destroyed ,what can the righteous do? Psalms 11:3

    • I'mWondering
      October 11, 2011

      I thought the issue was established that he WAS a french citizen!!!!!!!!!!!!

      Isn’t the issue before the court whether he showed allegiance i.e through use of his passport…”by their own act, committed any act which could lead to their disqualification, by their own hands, under the provisions of the Constitution.”

      Bloody hell….

  27. Obana
    October 10, 2011

    We always tell our children that they should and must not lie. Why is it that the ‘so called or self proclaimed’leader of a country can lie so much. I heard that he has a son. Is that what he is teaching his son; to lie and steal? May God have mercy on us and our little island.

  28. retractable
    October 10, 2011

    i hope everyone is speaking to there self when they are talking about lies

    • executive command.
      October 11, 2011

      IS BECAUSE WE SPEAKING TO OURSELVES WHY WE ARE CONVINCED THAT HE IS LYING….WHAT A SWEET VICTORY IT WOULD BE FOR HIM TO JUST PRESENT HIS PASSPORT OR DENY OWNERSHIP UNDER OATH, ANSWER THIS FOR ME….WHYYYYYYYY GO THROUGH ALL THAT TROUBLE IF YOU KNOW YOU ARE INNOCENT???

  29. Concern One
    October 10, 2011

    We cannot continue to be so bias in our commentary. The Law is the Law. It must be maintained at all times. If the PM broke the law, he must be tried before a court who will decide whether or not he did. The accusers must prove their case beyond a reasonable doubt. The judge in turn must convict or set the accused free. Let us all wait on the court ruling and don’t set a defense for if the ruling isn’t in our favor. We cannot be the accusers and the judge at the same time. A man cannot be guilty no matter what the ruling of the court is. Lets all respect the constitution.
    We all know that Sir Brian has his political bias. I can recall during the Freedom Party era, Sir Brian and many other ministers were made to act Prime Minister in the absence of the Dame. On one occasion while the PM was away one of the ministers acting in her position had a piece of legislation changed. Once an individual was convicted for a crime of Drugs in DA he wouldn’t be able to obtain a clean record from the police/court. The law was changed to much fewer years thereby making it easy for a minister brother to be called to the bar. That brother was convicted with a drug offence. The Dame had difficulty in allowing that minister to act PM again. This is one of the reasons why the Dame wanted the late Carbon to succeed her. Sir Brian was in Govt. at the time and should be able to share some light on that.

    • executive command.
      October 11, 2011

      WHY ARE YOU TRYING TO ANSWER ONE QUESTION WITH ANOTHER QUESTION???????????????????????????????????????????????????????????????????????????????????????????????????????

  30. 1979 LIVES!!!
    October 10, 2011

    Dominicans now is the time for us to show the might of our unity…. Let us show the rest of the caribbean that we take NO NONSENSE HERE….IF there be an open attack on our constitution we shall not fall on our knees and accept defeat by ANY threat. FOREIGN OR DOMESTIC….dominica will not be sold while we slumber at night!!! And we must use this opportunity to ENSURE that the men who are in these POWERFUL positions RESPECT their OBLIGATION which is OUR RIGHT TO ACCOUNTABILITY!!!

  31. Conscious
    October 10, 2011

    Tony, Your hypocrisy on the Constitutional question of dual citizenship and membership of Parliament in the Eastern Caribbean is a classic example of your perverted perspective. I sometimes wonder some of your statements are really utterances of your conscience without you recognizing it as such.

  32. sexy 1
    October 10, 2011

    i love my pm but alas i find tony lying too much. i know my pm deloping d palce but i steal brokes. once the red clinic open we voting our pm bam bam just like deerrt

    • littleboy
      October 11, 2011

      Pure Dominican language. No wonder our country is so poor and backward. We know the truth but we vote because we love a person no matter the cost.

    • 100 % Dominican.....
      October 13, 2011

      That is exactly what I referred to earlier!!!!!!!! Persons like yourself who cannot see beyond the quick money and see the true picture!!!!They are very aware that there is a large section of the population which will have that attitude so they use it to enslave your as you are too foolish to recognise that fact!!!!!!! The Chinese will provide them with those funds necessary to brainwash the people into accepting all sorts of stuff which would normally be totally unacceptable until it is too late!!!!! The deal has already been done and the government now has to live with whatever sh.t the Chinese throw into their or our faces!!!!!!! WE are going down under Chinese pressure!!!!!!!!!!! Alas!!!!!!!!!! weh weh weh weh weh!!!!!!!!!!!!!!!!! If Dominica could talk!!!!!!!!! WHAT WOULD DOMINICA SAY IF DOMINICA COULD TALK??????????

  33. Free Thinker
    October 10, 2011

    This article by Sir Brian has blown Tony Astaphan and his team away, it was written in simple language so that all could understand. On the other hand, Tony’s response is a convoluted discourse which is meant to confuse the populace. Tony’s response leaves much to be desired. To borrow some of Tony’s words: I don’t know what is troubling Tony, once again!! This too shall come to pass.

  34. 1979 LIVES!!!
    October 10, 2011

    We need quoted sections of the law tony. To support you claims….jus like mr alleyne support his claims.

    • Concern One
      October 10, 2011

      Sir Brian explained that we need not adhere to the constitution. We should accept parts such the reason why the PM is before the courts and forget about the rights aforded to the accused. He is aking that the accused be made to provide evidence to convict himself. He is saying that the accused is hiding behind the law the same law for which seeks to chastised him. Sir Brian, I expected you to explain to us what the constitution expects of us and the rights afforded to us.

      • executive command.
        October 11, 2011

        YOU SEE IF PEOPLE LIKE YOU HAVE TO SUCCEED IN PUTTING ALKALI IN THE EYES OF THE PEOPLE OF DOMINICA, I AM SELLING EVERYTHING I OWN IN DOMINICA AND RUNNING IN EXILE TO SAVE MY CHILDREN……BASTARD SONS OF SHAME.

  35. Anonymous
    October 10, 2011

    TONY ,WHEEL AND COME AGAIN,

  36. Marigotian
    October 10, 2011

    HMMMMMMM
    BULLWATCHDOG AT IT AGAIN!!!
    THE TRUTH SHALL SET US FREE ONE DAY!!

  37. Very concerned
    October 10, 2011

    Can a Leader be so disrespectful to his people? As a Labourite I would like to know the basic truth, is my PM a French citizen?
    What is so difficult with the truth?

  38. WIKILEAKS
    October 10, 2011

    It is so shameful to listen to Brian Alleyne these days. This man has turned into another bitter politician. We all know that he is well loved within the UWP circle because any enemy of the DLP (Skerrit) is a friend of the UWP. All I will say is that Mr. Alleyne is appears to be getting as desperate as his friends in the UWP but in spite of his negativity this DLP government continues to deliver to the people of Dominica. Has Brian Alleyne and the UWP cabal ever offered any constructive criticism of the development taking place on the island? I guess they really can’t because with each new project their hopes of getting into office quickly become figment of their imagination. Good luck Mr. Alleyne in your quest to get rid of Mr. Skerrit but you have lost all your credibility in this country

    • 1979 LIVES!!!
      October 10, 2011

      Leaks, this is a constitutional debate, not a political one please give this party thing a rest, our ears hurting. You need to come upstairs to see clearly what is being argued…this is not doing the rest of the DLP justice. Let the party retain some of its integrity please.

      • WIKILEAKS
        October 10, 2011

        You will not deny it…Brian Alleyne has lost credibility.Had Brian Alleyne said something in support of Skerrit, you would come come with guns blazing…He singing for his supper.

        But the constitution is there to protect the high ups and the small one…so for Brian Alleyne to say that the PM has to present evidence to prove the plaintiffs case is just stupid and ignorant of the very same constitution he is upholding.

        So all dog and cat in uwp is to say whatever and drag people in court…there is ingrained protection for everyone.

        I rest my case

      • executive command.
        October 11, 2011

        WIKILEAKS i think it is time to salvage what is left of the Dominica Labour Party. Mr Pm is not showing any consideration for his party members. DLP is here to stay, but Mr Skerrit must leave to preserve the partys integrity… come on man, already there is no opposition, we need the DLP, but we have to let this man go

    • Brain Power
      October 10, 2011

      Please Wikileaks, please get with the program and contribute to uplifting DOMINICA!! This kind of thinking is really degrading the nation. Give the blind support for DLP/Skerrit a rest man.
      Let us educate ourselves and build DOMINICA not the DLP government!!

      • Mang bombers
        October 11, 2011

        No one should pay attention to WIKILEAk just another blind supporter from Portsmouth

  39. Nature Man
    October 10, 2011

    Tony,

    I never quite understand you when you speak. Whay? I meam, Sir Brian’s case is as clear as daylight, but your response seems shady…I mean, come on man!

  40. doctor love
    October 10, 2011

    TONY, FOR GOD’S SAKE , THE PEOPLE OF DOMINICA AND THE WORLD BY EXTENSION DEMANDS THE TRUTH, PLEASE ALLOW SKERRIT TO ANSWER THIS QUESTION, “MR. SKERRIT DID YOU APPLY, RECEIVED AND TRAVELLED ON A FRENCH PASSPORT AS AN ADULT.” WIN, LOOSE OR DRAW,SKERRIT WILL ALWAYS BE ASKED THIS QUESTION AS LONG AS HE IS ALIVE OR RESIDE IN DOMINICA, THEREFORE,YOU CAN CRITICISE SIR ALLEYNE AND THE REST OF THE WORLD,THIS WILL BE SKERRIT’S LEGACY.THE [PRIME MINISTER THAT REFUSED TO UPHOLD THE CONSTITUTION OF DOMINICA.THE PRIME MINISTER THAT FELT THAT HE WILL INCREMINATE HIMSELF IF HE TELLS THE TRUTH.

  41. open mind in possie
    October 10, 2011

    lol , I wonder who Tony fool with that rope a dope rigmarole duck and weave he do there .. Sir Brian’s article is on point.

    You swear to uphold the constitution. That’s the sole and heaviest burden of proof that should rest on the conduct of the Prime Minister.

    Declare under oath that you have not contravened the constitution that you swore to protect.

  42. tilily
    October 10, 2011

    The truth shall be revealed;

    if that so call small part of the case had the SC openly cry in court when the Judge upheld his submission well I wouldn’t want to see more.Garson all you have guts!! because the SC knew if that ruling did not go in his or his clients favor all now so they would have been history sooner rather than later – but trust me there will be more crying to come….suffice it to say the SC as usual has not yet answered the fundamentals of Sir Brians article – not surprised!!here we go again technicalites for so…

  43. eh ben whey
    October 10, 2011

    Tony take it easy my boy like the first comment , every road has a bend every rope has an end and it bound to must come to en end. Fly your kite. you seem to think that only your version is the correct one. That in itself is an indication that you have a big problem. Enjoy your day.

  44. Concern One
    October 10, 2011

    The court will decide. Sir Brian must allow the court ruling to take its course.

    • executive command.
      October 11, 2011

      your only concern it seems is RMS, I want the DLP to preserve what is left of its integrity and ask this man to step down…this is crippling my party….allu will lose my vote eh!!!!!

  45. at
    October 10, 2011

    Brian alleyne in my opinion is not questioning the validity of the legal technicalities.mr alleyne is insinuating that the people sworn to uphold the law are the ones breaking the law and using technicalities. I think mr alleyne is talking about honor and that we don’t expect from tony nor his clients.
    Tony also seem to forget his argument against parliamentarians with dual citizenship

    • Conscious
      October 10, 2011

      Indeed! Sir Brian is talking about honor and integrity. Not surprisingly, Tony misses the point and with a knee jerk reaction goes into his role as the political bulldog for Skerrit and the DLP.

  46. Malatete
    October 10, 2011

    He would say that, wouldn’t he!

  47. evening mail
    October 10, 2011

    sad, but dominicans arent serious citizens the few who speak out cant change the guard.

    im of the view his corrupt regime will by any means rule dominica for a long time because…the masses wont bring them down.

    the opposition forces need techincal advise and preferable cash flow from undisclose and sources…as the talk shows maybe good to a point.but to break the back of this corrupted regime intense pressure, and aggressive methods have to be inputed.

    dont see anyone in da able to do that…look at the state place, they let them go ahead, no actions by the citizens down here..

    they will pass broadcast acts, implement the national id card to suit there style,close down any media house they feel like…and folks sit back and talk then hide..

    i think dominica is the next Cuba on the Horizon folks…thats a sealed deal…the citizens of that island dont have the will power to make any sort of dent..too weak and timid….sad but thats the facts of the matter….too much chatter!!

    • Brain Power
      October 10, 2011

      I could not agree with you more. Enough rhetoric – we need action now!!

    • 1979 LIVES!!!
      October 10, 2011

      NEVER TRUST SMILING DOMINICANS MY FRIEND!!! IF U TESTING THE WATER, I LETTING U KNOW, IT HOT!!!

    • Observer
      October 11, 2011

      I totally agree with you. The main reason many will not unite is because they are afraid to be branded as “Ungrateful”. If you speak against Skerrit (note I did not say DLP) you are said to be lashing out because you did not get what you wanted. That is the first thing Skerrit does. He tells people you are disgruntled. He will take private matters to the airwaves and put them in the public ears and no one has an issue with this. I guess many are afraid to speak out because they do not want Skerrit to put their business on blast. SMH

  48. DPM
    October 10, 2011

    Tony you of all people should not be referring to anybody’s perspective as “perverted.”

  49. Hit the floor
    October 10, 2011

    What a verbal contortionist :-o

  50. littleboy
    October 10, 2011

    While I have nothing against Tony Astaphan who is paid large sums of money , it is very clear to me that he is very good job in twisting information while he stays very far from the real issue.

    As a Dominican who voted Mr Skeritt in 2000 and 2005, I have one question for him. Mr. Skeritt, did you betray me, or did you not
    betray me by applying for a french pasport, as an act of your own will, after I voted for you in 2000 and 2005? Please speak the truth!

    To our pastors and the church of God in Dominica: Are you walking in the light and standing on the side of truth by knowingly helping to mislead a nation and fertilizing the seeds of curruption, lies and the constitution of our land?

    Please remember that it is righteousness that exalts a nation and sin is a reproach to any people. Also, please remember that when Light fails to shine at a time when the works of darkness are clearly manifesting, eventually the damage will be aweful. For not only those who do evil are warned but those who shield and protect them Rom. 1:26-

  51. Go do your homework
    October 10, 2011

    Senior Counsel, your actions over the past years have completely destroyed your credibility. If you believe in the power of the universe, you should know that lies and cover-ups will not last forever.

  52. David
    October 10, 2011

    It is inconceivable to believe that Mr. Green has the audacity to bring such a lawsuit when he acknowledges that he knowingly and willfully broke the same law for many years, that he is claiming that the PM has broken. He lost the election and he is upset.

    • 1979 LIVES!!!
      October 10, 2011

      Just like denny, he decide if he going down he not going down alone. Kamikaze if yoU would.

    • Brain Power
      October 10, 2011

      Mr Green was wrong to contest the election knowing that he had a disqualifying vice, Skerrit and St Jean are also wrong in doing so. Two wrongs don’t make a right, it is a lack of political maturity to think otherwise.

      • Conscious
        October 10, 2011

        Mr. Green had already renoucned his American citizenship before the elections were held albeit it was after the nomination date.

        We must recall that the Jamaica case which concluded that holding a foreign passport and travelling on it as an adult constitutes allegiance to a foreign country was upheld in March 2009- enough time for Skerrit, St. Jean and Ron Green to renounce their foreign citizenship. Skerrit could have avoided all this contention if he had renounced his French citizenship before calling the general elections. He refers to the Court case involving him as an unnecessary dsitraction. But he is the one who gave rise to the ”distraction”.

    • SMH
      October 10, 2011

      Plenty things in Dominica are inconceivable. Don’t you think? When a cruise ship comes here to see Dominica they land right in China Town. one cultural drumming group I see at the boat. Otherwise Chinese sh#$.

    • ....................
      October 10, 2011

      You and your cabal should have challenged hin in court. It’s useless that you puff out hot air now.

    • DAVIDSON
      October 10, 2011

      I quite agree with you that Mr. Green’s action/s were hypocritical however it does not give anyone the “unfettered” right to violate the constitution of this land. Again what Ron Green did was “shameless” to say the least but we have to uphold law and order in this land at ALL levels and may the GUILTY pay, whoever they are!

  53. tom tom
    October 10, 2011

    How could you have been Chief Justice.

    • da massive
      October 10, 2011

      the only reason he wasnt cheif justice is becuase he ruled against the Grenadian government in a case so he didn’t get the support of that country.. thats why i don’t support the CCJ.the leaders will have the judges under their thumbs.

    • Fairplay
      October 11, 2011

      Brian is a mistake!!!

  54. tom tom
    October 10, 2011

    Sir, you are getting it all wrong.

  55. October 10, 2011

    tony!

  56. ?????
    October 10, 2011

    The longest rope has an end. The longest road cones to a bend.All lies will eventually come to an end Tony.

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