The Eastern Caribbean Court of Appeal has dismissed an appeal of the United Workers Party (UWP) filed against the decision of High Court Judge Raulston Glasgow and cost has been awarded to the respondents.
Following the December 2019 general elections in Dominica, where the Dominica Labour Party (DLP)emerged victorious, the UWP in January 2020, filed election petitions alleging several irregularities in the election process and sought to have the court overturn the results in St. Joseph, Mahaut, Morne Jaune, La Plaine, Castle Bruce, Salybia, Roseau Valley, Roseau Central, Roseau South and Wesley constituencies.
The respondents in turn, filed applications to strike out the petitions on the basis, inter alia, that the petitions did not disclose causes of action against them and were abusing the process of the court.
The applications to strike out the matter were heard and granted by Justice Glasgow in October 2020 and the election petitions were struck out on the basis that the petitions lacked the necessary details or specificity to disclose causes of action against any of the respondents.
The high court judge also awarded costs to the respondents in the sum of $5,000.00 stating that the petitions could have done that under a single or at the most two petitions, deeming the ten a “waste of paper, time, and money, to respond to all ten petitioners which were unnecessary.”
Unsatisfied with that outcome, the UWP, one month later –November 2020– appealed the decision claiming that the judge specifically erred in law.
They also appealed against the order of cost stating that “the Order fails to consider that the Petitioner’s/Appellants summary for direction application in January 2020 requested that the petitions be dealt with as one petition and for further directions of the court.”
At an appeal hearing on April 28, 2021, lead counsel for the DLP team Senior Counsel (SC) Anthony Astaphan told the judges that the court had no jurisdiction to entertain the appeal and asked that the matter be dismissed with cost to the respondents.
He said Justice Glasgow’s decision was not a final decision to which a right of appeal attached under sections 40(6) and 40(7) of the Constitution of the Commonwealth of Dominica (“the Constitution”), and therefore there is no jurisdiction vested in the Court of Appeal to hear and determine the appeals.
Astaphan further argued that it was an abuse of the court process that the petitioners came to appeal the ruling of Justice Glasgow.
However, the attorney for the ten petitioners, Zahida James said this is a matter of public importance with implications for democracy.
She pointed to a number of the Judge’s legal findings which she says were erroneous and argued that the matter before the learned judge was of great public importance and, therefore, it is not in keeping with the overriding objective and the public interest for the election petition proceedings to end at this stage in view of the judge’s errors.
James added that if the ECCJ has no jurisdiction to hear the matter, politicians would feel free to do as they please.
In the judgement of DBE Chief Justice, Hon. Dame Janice Pereira, Hon. Mde. Gertel Thom Justice of Appeal and the Hon. Mr. Gerard St. C. Farara, QC Justice of Appeal [Ag.], the judges said of the application challenging the jurisdiction of the Court to hear an appeal, that in the circumstances, such as the present case, it would be highly unusual for the appeal court to examine any alleged substantive errors or demerits of the decision of the high court prior to the determination of the threshold of jurisdiction.
“Such an examination would be tantamount to an assumption of jurisdiction in relation to the substantive appeal for the purpose of determining whether the Court in fact had jurisdiction – in short assuming what could only be some residual inherent power through the back door to address alleged errors which may be viewed as matters of public importance notwithstanding the clear constitutional prohibition,” the judgement stated.
They added that although election petitions involve matters of considerable public interest, there are no legal principles which permit resort to such a course in proceedings of this nature.
The appeal was dismissed and the petitioners/appellants shall, within 21 days, pay costs to each of the respondents in the sum of $2,000.00.
The judges added that there is no sustainable argument in this case that the learned judge exceeded the scope of enquiry required on an application to strike, and therefore that his treatment of the respondents’ applications to strike out the election petitions transformed his decision into a final decision.
“The judge clearly confined himself to assessing the pleadings with a view to determining whether they were sufficient to sustain particularized cases for the avoidance of the election. In the circumstances, the judge’s decision was not a final decision within the contemplation of sections 40(6) and 40(7) of the Constitution.”
The full judgement is posted below.
Mr. Mine, they went after Jesus Christ and his trusted committed Religious Faithful Disciples. These are honest loyal, Highly Respected conscious Disciples who honoured and Promoted the theme of decency in our Political Disciples. That’s what our current UWP Political Disciples and their devoted, Christian, devine Competent Soldiers are out there doing a Great Job in quietly promoting and uplifting Goodwill well versed in sharing the thoughts and dignity in our Government. After this Failed 20Years of this Failed Labour Government in Office poorly led and supported by his failed Incompetent Leader and Prime MINISTER. We definitely need that Change in our Government and Failed incompetent immnature Skerrit, and we quote Him: “GO TO HELL-:GO TO HELL-..It’s Non of All You DAMN BUSINESS”. The Nature of the Beast.Sad state of Affairs. Our Dominica and it’s People under FAILED Management under Immature Skerrit this weak Blind Labour Government.
We Welcome UWP🤗 & Hon.LENNOX LINTON for…
This On going Virus from this Poisoning “Man Bites Dogs” barking his way daily spewing repeated loud barking disturbing the peace ☮️ and neighbourhoods with doghish on going political thoughts which gets no one anywhere. It’s just the repetitive howling of disturbing On going woof woof Barks. It appears that no one is feeding him the Bones of his failed LABOUR PARTY GOVERNMENT. Stop this Nonsensical barking and go engage yourself in meaningful thoughts that we are able and willing to help you by reading meaningful messages that will elevate our self to bigger picture and NIT this ongoing Nonesense Barking noise in our village.
Wake Up and engage yourself in meaningful development thoughts that we are able to comprehend and support. Your political mepuis is not helping the people are refuting you wild messages that’s not helping nor elevating the Socioeconomic Development, employment and opportunities of our families, young people and country overall. So wake Up smell the COFFEE 🤪.
I heard Loftus on Q95radio asking about CBS money, those clowns W V P Workers Virus so-called party talking about going to court they want answers and questions about the CBS money, what a load of boomboom flies and laughing stock! Now people how about the money Linton, has collected thousands of pounds, US dollars, and eastern Caribbean dollars where the hell has it gone and no one is asking about it something is dam well wrong in Dominica and with Dominicans to let a bunch of arrogant criminals pull the wool over you all eyes, I am not a bible basher God help you lots!!!
This On going Virus from this Poisoning “Man Bites Dogs” barking his way daily spewing repeated loud barking disturbing the peace ☮️ and neighbourhoods with doghish on going political thoughts which gets no one anywhere. It’s just the repetitive howling of disturbing On going woof woof Barks. It appears that no one is feeding him the Bones of his failed LABOUR PARTY GOVERNMENT. Stop this Nonsensical barking and go engage yourself in meaningful thoughts that we are able and willing to help you by reading meaningful messages that will elevate our self to bigger picture and NIT this ongoing Nonesense Barking noise in our village.
Wake Up and engage yourself in meaningful development thoughts that we are able to comprehend and support. Your political mepuis is not helping the people are refuting you wild messages that’s not helping nor elevating the Socioeconomic Development, employment and opportunities of our families, young people and country overall. So wake Up smell the COFFEE 🤪.
Dog or shall I call you boomboom fly. Loftus was not talking about CBS money but rather about CBI money. There is a fine difference even though the likes of you might not really see that. To all you money is money wether it’s CBS or CBI, wether is clean or dirty, wether it belongs to Skerrit or not… As long as all you get your little presents. That’s all that matters at the end of the day, corrupt little squirrel.
Poor oswald george
wow! all the new candidates caught in Lennox’s web, see the amount of money they have to pay. They were as desperate as their leader.
Mr. Mine, they went after Jesus Christ his trusted committed Religious Faithful Disciples. These are honest loyal, Highly Respected conscious Disciples who honoured and Promoted the theme of decency in our Political Disciples. That’s what our current UWP Political Disciples and their devoted, Christian, devine Competent Soldiers are out there doing a Great Job in quietly promoting and uplifting goodwill well versed in sharing the thoughts and dignity in our Government. After this Failed 20Years of this Failed Labour Government in Office poorly led and supported by his failed Incompetent Leader and Prime MINISTER. We definitely need that Change in our Government and Failed incompetent immnature Skerrit, and we quote Him: “GO TO HELL-:GO TO HELL-..It’s Non of All You DAMN BUSINESS”. The Nature of the Beast.Sad state of Affairs. Our Dominica and it’s People under FAILED Management under Immature Skerrit this weak Blind Labour Government.
We Welcome UWP🤗 & Hon.LENNOX LINTON for PM,
You guy are a bunch of fools. Pure fools.
UWP need to learn from their mistakes and know what to take to court. Clearly the blundered from the beginning.
DLP needs to stop pretending that they are all innocent in these matters because they are not.
Go find something constructive to do with you all’s time.
IBO,Views and % at least Dog,Clown and Elizabeth are smart enough to make UWP lose election after election.We are also smart enough to make UWP PAY hundreds of thousands of dollars in court costs.
You call it smart, I call it corrupt and ultimately greedy. How about that? You are a clown for true.
Sometimes I would listen to Q95radio Station only for a laugh 😂 I could tell you these callers including the presenter are all a bunch of comedians low iQ and Rum shop rubbish talking, Omg where do they come from apart from sleeping in a U.S subway???
UWP wicked clowns deserves all what they got a total of 91000 dollars within 21 days plus lawyers fees, there is a rule of life if you are stupid you will pay the penalty for the rest of your life, you guys such as Francisco, %, Viewsexpress, and lots more put your money where your dirty mouth is, Uncle will not be helping anyone of you suckers!!! 😂😂😂😂
When is hit who loves to “Bite Dogs”, stop this weird political Barking. Woof…woof… woof. Hi chase the Bone 🦴. We Thank you for putting your dirty mouth where it belongs….stop being so engaged in these b”Suckers” if yours. Thanks much for letting us know of your ” Suckers Dirty Concept” Hooray the Dog 🐶 Barks relentlessly.lok.lol..lol. The Barking Joker.
Some Advice for you by Mr. Barking Dog 🐕” disturbing the Neighbourhood, stop your loud Nonsensical Barking in please. You’re disturbing the Neighbourhood. If not, please go into your pen. Don’t worry your Leader will bring you your Dog 🐶 Food. Woof Woof…… Stop Your Barking. You’re disturbing the children and Neighbourhoods. Blessings wake up 🥱 and Go smell your Rotten Labour Coffee. Go take care of yourself. Rise up.LoL
Whoever is surprised about this is clearly denying what is really happening in Dominica. Our struggle for freedom and fairness is almost lost thanks to the citizens greediness, lack of morals and total lack of love for our country.
VereTere, your comment is so sound that it cannot be honestly condemned. You deserve a National Aware for that most thoughtful comment.
You Devious Labour Clowns 🤡 are outdated disrespectful and exposé you shameful Political behaviour as it relates to the Matters of our democracy, honesty, the Legal Rights allowed by the Constitution of our people of Dominica to freely COMMENT on matters involving our constitutional democratic Rights. This sitting Failed incompetent Labour party Government has failed our people and has insulted our Nature Isle Dominica and continue to disrespect our People on matters of our government and governance that has disrespectfully engaged by this failed incompetent Labour Government and its incompetent Failed L’abour Government.
Hon Lennox Linton and the well designed Respected UWP is NOT the issue. The issue is this outdated, failed incompetent Questionable Labour Party Government and its incompetent failed Labour Leadership. I challenged you blind Labour Loyalists to go around Dominica Villages and Communities and observe the poverty and destruction ignored by this failed…
IBO,even if you give UWP VIAGRA they cannot and will not stand.It is the GRASSROOTS that have DLP in power,they have decided UWP is too CORRUPT.UNCLE know UWP cannot win so he is reaping off his unsuspecting victims.Wicked con artists.(awaiting moderation)
The important issue that has affected our Governance and is not necessarily the people of Dominica. This sitting Government has abused our Government and its protocal. From early days of this Labour government came into office, it has done absolutely nothing to do with with the UWP and its Leader of the Opposition. The UWP under our Trusted, Distinguished Hon. Lennox Linton and his formidable Team received Nonsensical ridiculous Labour thoughts directed at them once our trusted Opposition UWP Team that honoured their roles as this distinguished Opposition Party to observe and expose the behaviour of this delinquent Labour Government where they, this Fake Labour government was caught with their hands behind their backs whereas they created this Red Clinic deceptiveness Bobolistic Red Clinic Bobolistic behaviour with the Abuse of our limited States Funds. Our villages and villages and communities are still in a delapidated Inhuman Condition. What a FAKE PM&DLP. Welcome UWP Hon.LINTON.
Madamn Lin Clown 🤡….You demonstrate this disgusting Nonsense of the use and misuse you have engaged in Viagra. You absolutely have nothing of substance and decency to talk of that ALL of your blind thoughts and irrelevant …….. Nonsensical ridiculous behaviour pening irrelevant thoughts and Idiotic concepts that makes no sense because of you and your failed incompetent Labour government has openly exposed yourselves with idiotic scandalous thoughts and language just to get at our distinguished experienced commited trusted competent professional trustworthy reliable formidable UWP Team under our Distinguished committed UWP Leader and serves as prominent “Leader of the Opposition” who educates and informs us of he stupidity and Incompetence of your failed incompetent immnature Prime Odd Minister and failed Labour Government.Where I sit within the Government Service as a Civil Servant We all know and are aware of the failure of Skerrit in office followed by his blind Ministers.
Our lawyers in Dominica representing uwp are not seeing they are doings things wrong. every election they bring the same cases same wording and they always throw them out. If there is treating you must show the points to prove in the crime.eg treating the Dominican electorate is not a single person where is the food drink given to him or her causing to vote for you. am part of the Dominican electorate nobody came to me to make me vote for them. Mr. Simon I would not come to Dominica to waste my time in that nonsense you were the Ag in Antigua and should not put yourself in nonsense. The laws in Antigua almost the same as DA.Am an ex-police and I can see through that. Unwanted Worthless Politicians
Which Loftus Durand?Hope is not the one in CCM BLESSINGS told us about and the $60,000 which he cannot give accountability for.
Lennox played you all again. As the leader is name is not mentioned to pay any money but everybody else has to pay $2000.00 to each respondent.
Now we had enough of this guy LennoX and his BS, time to bring in Loftus Durand! Time for change!
You are definitely Out of Date with your BS Nonsensical thoughts. Open your eyes to the reality of the poverty and begging and suffering’ of our children Youths and families under your Fake Failed incompetent Skerrit Prime Odd Minister. This is where and has been the Fall and Failure of the Development of our Dominica’ under your Incompetent Failed Labour Party Government and Obvious Failed Prime Odd Minister. We have had enough of this failed Labour government Incompetent Labour Government under this failed incompetent Questionable inmature Prime MINISTER. What a failure, this obvious failed Leader who should NOT have been Prime MINISTER. It’s just this Pappyshow Fanfare Clownish 🤡 behaviour up on the 5th Floor. We desperately need change and decent trusted committed Professional dedicated highly professional focussed Leader of The Opposition Our distinguished experienced commited trusted competent professional trustworthy formidable experienced Hon. Lennox LENNOX LINTON.
WELCOME…
You diminutive brain, KID, is your worst own enemy. IGNORANCE is an enemy, even to its owner.
Fighting for fairness and to keep DEMOCRACY alive in Dominica is not a UWP thing, it’ should be a concern and a fight of ALL Dominicans. Unfortunately, a large swath of population is much too IGNORANT, too UNLETTERED and BRAIN DEAD to appreciate this fact.
A bad and corrupt government feasts on the IGNORANCE of its people. This is precisely what presently obtains in Dominica. Where there’s IGNORANCE the people perish. Look at the tens of thousands of people living in entrenched POVERTY in Dominica. IGNORANCE coupled with FEAR and DOCILITY are the major factors.
When are these people going to learn by now they should know that Lennox not going to bring them to victory. Why cant they just get him out and select another leader. He is it for himself taking the party and supporters down loosing lane over and over. you would think by now he would get tired of loosing and stand down as leader and let someone else take the reign how many election he going to loose.
Wallace, You thoughts sounds like a weird dream😴 💤 that made you jumped up from your bed at 1:00AM In morning. When you’re fully awake by 6:00am, go wash your face, take a shower, brush your teeth and go read the newspapers on politics and Decency in good governance. Go drive around our ailing, Poverty Villages and tell us what you see. There is no more Agriculture, no more bananas🍌 exported to the UK and USVI. Shameful behaviour of this failed fake incompetent Labour government and its failed incompetent Prime MINISTER.
We need visionary, disciplined, focussed, committed Professional dedicated determined experienced Leadership in our Government. We welcome our Distinguished committed trusted competent Leader of the Opposition our UWP Hon. LENNOX LINTON to return our government and our Dominica back to the status of good governance loyalty, Decency towards meaningful development. We had enough of this Immature Visionless Skerrit and his failed Labour Party Government. Hon.LINTON.
Sorry, Dominica was once known as the Nature island and bread basket of the Caribbean, but thanks to Roosevelt Skerrit, we have now become the Fools paradise of the Caribbean and the entire Caribbean knows that and they are all willing to keep us like that. If any is in doubt ask former PM of St. Kitts and Nevis, who was thrown out of office because he had a Dominica diplomatic passport he got from Skerrit. Only in Dominica. Still in doubt? Then ask Sir Byron of St Kitts whom Skerrit said he paid to legally corrupt our election. Only in Dominica. Still in doubt? Well ask PM of St Vincent Ralph Gonzales, who tricked our little boy PM and took our international airport from us and we applauded him.. I say only in Dominica. Still in doubt? Then ask PM of Barbados, who after a week as PM, stayed in Barbados and had Skerrit ship our 40 yrs old baby called Ross University to Barbados. You remember that song Ur jar lar out Kay watay? Skerrit is perfect for the Caribbean ask Peter Wickham
UWP must live Skerrit alone. Let him destroy Dominica as he wants. He has the support of our local court and judiciary, those that we consider to be smart and well educated and, even if he had to pay Me. Byron of St. Kitts to embarrass us. Something is wrong with us in Dominica man. Just now our Caribbean neighbors will even take our rivers from us and use our children as slaves. Mr. Byron is rewriting our laws to legalize wrong and we saying nothing. Mia Motley took Ross from us with help of Skerrit and in return we endorsed it by giving Skerrit more power. Ralph took our International airport from us and we applauded him and Skerrit. When we tried to stand up for free and fair election in 2019, the regional government sent their armed soldiers to shoot us. We allow them to take everything from us and we think is Lennox Linton and UWP we hurting. I just don’t know why Lennox them not allowing Skerrit to do what he wants so all of us could feel it.
These people are so crooked,they set up Defore,St.Valle and Mervin and then they turn around talking about PRIVATE CRIMINAL COMPLAINT.This case has always been a UWP-DLP case.St.Valle is so confused,here him “I have my lawyer,I ready since day one”. So much fear in the guy he mamotaying,lying ” My Lawyer in Antigua Justin Simon”.The guy is lying so much he never knew who his Lawyer was until 13 May 2021that is when UWP told him they had retained QC SIMON.OH WHAT A TANGLED WEBB WE WEAVE WHEN FIRST WE PRACTICE TO DECEIVE.Now St.Valle is buried in BS up to his eyebrows with no where to turn.
I am not surprised with the nonsense and embarrassment of John Baptist. If I was a member of the court I would reject any appeal coming from Dominica once it has to do with Roosevelt Skerrit and Dominica. Let Roosevelt have his free damn way to do whatever he wants. Is dumb we dumb because only dummies would allow Skerrit to do what he has been doing and to make matters worse they allowed him to hire a Kittician to further embarrass our intelligence and those so called educated people saying nothing
The legal system in the ECCU in my honest opinion is untrustworthy and unreliable. A high percentage of these appeal court decisions on many occasions has been overturned by the Privy Counsel.
It will take a ground swell of support from the grassroots to effect the well needed social and political changes that so many Dominicans yearn for. Talk with your feet my siblings.
“James added that if the ECCJ has no jurisdiction to hear the matter, politicians would feel free to do as they please”—
Well isn’t that what your fellow UWP members and Leader are doing right now? Are they not politicians? They want to control the Government; Lennox is always demanding to do this, do that, and do the other thing, immediately!
When everyone turns a death ear to them, they go on the streets in what they always call peaceful demonstration; but disturbing the peace of Dominicans at the same time.
The results of the actions are always a BIG FAILURE. If you are their continuing Attorney, you need to advise them to humbly, challenge the issues that will give victory–there is no winning in self-pride and pomposity.
Partisan, blind political affiliation has rendered you brain dead. Anyone who use just one-tenth (1/10) of his cerebellum would realize that the awfully sinful ruling regime is bent on maintaining power using a completely flawed and corrupt electoral system, legitimate reasons for these court cases by the Opposition.
Skerrit and his unprincipled heirs and successors know that they cannot lose an election using the present defective electoral system. This gives them comfort in bankrupting the country by living the most opulent lifestyles while many thousands of Dominicans can’t even afford to purchase bread and other basic commodities of life.
LizzyX amend your foolhardy ways. You are on the wrong side of history.
OMG! Another lost battle. When will they learn?!
$2,000.00 to each respondent?
But where THEY gonna get the money when they not working and their boss always turning his back on them.
UWP trying everything to get into power. Oh, boy.
They don’t realize with this kind of leader they have that gonna never happen.