What was expected to be the commencement of the illegal entry trial of the Indian fugitive and Antiguan citizenship holder Mehul Choksi, turned into a heated argument in court on whether the accused, who is a patient at the hospital, could be granted access to a private medical doctor of his choice.
On June 2, 2021, the 62-year-old diamantaire who is wanted by Indian judicial authorities for allegedly cheating the Punjab National Bank of two billion US dollars, pleaded not guilty to illegal entry in Dominica.
According to the charge, Choksi entered Dominica illegally on May 24, 2021, at Toucari Beach. However, his attorneys have alleged that he was kidnapped, beaten and unwillingly brought to Dominica from Antigua.
The initial date set for the trial at the Roseau Magistrate court was June 14, 2021 but due to a decline in the defendant’s health condition, the matter was adjourned to Friday, yet, when the case came for hearing Friday morning, one of five attorneys representing Choksi, Zena Moore Dyer, produced another medical certificate to the court stating that the defendant is still unwell and unfit to attend court.
Presiding Magistrate Candia Carrette- George, then requested three attorneys from both sides to have an in chambers discussion.
Upon their return to court, Dyer made an application to the court for the accused to receive medical treatment from a medical doctor of his choice.
Instantly, lead counsel for the police in the matter, Lennox Lawrence, rose and objected to her request.
Lawrence argued that the Magistrate does not have jurisdiction to hear and rule on such application as it is a matter for the High Court.
However, determined to present her case, the veteran attorney insisted that Choksi has a constitutional right to a medical doctor of his choice and said since the Magistrate court is governed by the constitution, the objection hinges on his Right to Life enshrined in the constitution.
“It would be an abuse of the process of the court for the defendant to be denied an opportunity for a medical doctor of his choice. This is a man who is bleeding in his brain, so this request for him to seek a second opinion should be granted,” Dyer maintained. “We do this all the time in Dominica, one doctor diagnose us and we seek to get a second opinion either here or abroad.”
The defense attorney noted that apart from it being a constitutional right, this type of request has been followed legally and in practice over the years in Dominica. She asked, “Why is there a difference in this court when it comes to this man. He is charged with a summary misdemeanor which carries a maximum sentence of only one year in prison or a fine of $5000.00, so why is he being treated differently and why is he being deprived of his constitutional rights?”
Joining the argument, her daughter Gina Dyer-Munro referenced a recent case in Dominica where Magistrate Michael Laudat granted a similar request and asked the Chief Magistrate to be guided by this ruling.
“His Honor Mr Laudat also enunciated on the universal declaration of Human Rights and he also made pronouncements with respect to the fact that someone who is on remand has certain rights,” Dyer-Munro stated.
Dyer-Munro further declared that it is not in the purview of the prosecution to make a determination how a defendant must necessarily interpret his right to life and how he so desires to exercise it.
She added that Choksi’s consultation with a doctor of his choice will in no way impinge on any aspect of the case.
“What it can do is assist in the general health and wellbeing of the defendant. This is not a request that is being made for him to go to the candy shop to buy candy; this is a request about his health and his life and to simply have a doctor of his choice give him a second opinion.”
The attorney advised, “irrespective of who come before the court, the court ought not to whittle down the medical health of any individual, we must have a level of humanity and that should supersede all other extraneous interests.”
In rebutting their arguments, Lawrence labeled the application a “colossal abuse” of the court and added that due to “skillful maneuvering”, Choksi is still at the hospital, all an attempt, in his opinion, to delay the process of justice.
He said the right to a doctor of one’s choice does not come under the provision of the Right to Life and the Magistrate court is not a constitutional court, hence, this application should be heard in the High Court.
“But Your Honor, we should I should note that the defendant has a constitutional right to get medical attention but there is no constitutional right to a medical doctor of his choice because we grant this today then tomorrow, he will say he wants a meal of his choice or a room of this choice and if they are saying he has a constitutional right to this request, they should show you where in the constitution is this stated,” Lawrence argued.
In handing down her decision on the matter, Chief Magistrate Carrette-George said she does not have the jurisdiction to grant such a request and encouraged the defense attorneys to file the application in the High Court.
“What is operating at the forefront of my mind is not whether the defendant is in need of a second opinion because I think he does, but the question is whether or not I have the jurisdiction to grant this application,” she stated.
“I am a magistrate, a creature of statute and I am bound by the law, so what the Magistrate Code of Procedure says to do I must follow. I believe this application is better founded in a constitutional court. So, given the circumstances, I advise that this be taken to the High Court. I do not want to act outside of my powers,” Carette-George explained.
The matter was adjourned to July 6, 2021.
Choksi’s legal team for this matter is also made up of Julien Prevost, Wayne Norde and Cara Shillingford-Marsh whilst Lawrence is assisted by acting DPP Sherma Dalrymple, Jodie Luke, Jeffrey Douglas Murdock and Harpreet Singh Giani, an Indian-born lawyer based in London, England who said he appears as a consultant to the prosecution on the matter.
Choki only crime to Dominica is illegal entry. Charge him for that crime and send him back to Antigua were he is a citizen.
Choki personal problem with India is not Dominica business. Antigua prime Minister played Skeritt.
Dyer is so right charge him, let him pay which he can and send Gaston Brown problem back to him. Antigua has Choki CBI money let them deal with the problem. I know someone I am sure someone in Dominica got their share thinking Dominican was not going to shift through the info. The boatman will confess one day if he is not outed before
“I am a magistrate, a creature of statute and I am bound by the law, so what the Magistrate Code of Procedure says to do I must follow. I believe this application is better founded in a constitutional court. So, given the circumstances, I advise that this be taken to the High Court. I do not want to act outside of my powers,” Carette-George explained.”
I must admit that Ms. Carette-George reminds me of the trial of Jesus when he was brought to Pilate in Jn. 19. Oh but Ms. George is a pastors wife right. So she must have read the story. But at least Pilate said he found no fault in Jesus and washed his hands clean. I wonder if Ms. George conscience will allow her to wash her hands clean?
@True Christianity, if you were who you claim to be you would not have used Jesus as an example of what is happening with that Choski fellow. So I suggest that you leave Jesus out of your worldly nonsense
Jesus was on Earth for the Salvation of the World but Mehul Choksi is running from his gruesome crimes, as he tries to get the court of Dominica to give him his own way.
The Jews wanted Jesus killed, but they did not want to do that dirty work, that was the reason they sent Him to Pilate. Pilate found nothing wrong with Jesus, but he gave Him to be crucified in the place of Barabas-to please the people.
What is your foolishness about “Ms. George’s conscience will allow her to wash her hands clean?”
One against, let it be known that Mehul Choksi is a criminal. There is no comparison between him and Jesus. Pilate could never find anything wrong with Him, just in case you are too carnal to know that.
…but you are a HYPOCRITE. You should not even take words like Christians, religious, God etc. in your mouth. You are the chief supporter of a corrupt and cheating PM.
Maybe they should have told the magistrate that they want Dr. Roosevelt Skerrit as his private doctor. Dr. Skerrit already knows what Choksi suffering from and with just one visit to Dr. Skerrit the man would be made completely whole. The magistrate knows that’s what he needs but it is outside of her jurisdiction to suggest that to them
Lennox Lawrence and Candia Carrette-George, there is a universal law that is called karma. It will visit you. Why a man’s desire to consult a medical specialist of his choosing and at his own expense is a matter to be heard by the High Court? Why such foolery in Dominica?
So, we want him to die here? Would his death be the end of that matter where our government was implicated in his illegal entry? Why not grant the man a specialist based on his medical condition? Is he not human? We in the Caribbean, not just Dominica, like to think that because a man, a human being is locked behind bars, that means that he is less than human and not worthy of humane treatment. Just look at the state of the cells at the Roseau police station. (human right atrocity) And the authorites have the mindset that this is how jail or prison should be. This is how prisoners should be treated, regardless of whether they are still in trial or not, once they are in cuffs, they are dogs they are criminals and not worth anything.
Many of the great people we look up to have been behind bars and have suffered by the hands of people who have this attitude. Lets start with the end story of Jesus Christ as my first example. My point is prisoners are humans and deserve humane…
I am a magistrate, a creature of statute and I am bound by the law, so what the Magistrate Code of Procedure says to do I must follow. I believe this application is better founded in a constitutional court. So, given the circumstances, I advise that this be taken to the High Court. I do not want to act outside of my powers,” Carette-George explained.
So what is Michael Laudat?
I am confused!
The Honorable Linton must retire the current police force which is owned by one man, then install a new Dominica police force. The one I’m looking at is not a Dominica police force, but a skeritt force. They need to be washed out. They act against the will of the people.
All police forces are organized, funded, Gangs. Of course they’d bow to their investors.
I put it simple to you Ibo, that failed priest is just plain nasty. Choksi not yet found guilty of any offence in Dominica. He may be found guilty in India but that is not our concern. The lawyer acting for the prosecution is just inhumane and we know his reputation already, so no surprise but our reputation going further down the toilet.
The prosecution, meaning the government side, is acting irrationally and not attending to the humanitarian rights of Choksi. The government has been caught with it’s hand in the cookie jar and is playing hard ball. Instead of all this drama why not just deport Choksi to Antigua from whence he was brought to Dominca. Instead the legal practitioners, and in particular the prosecution and police are making a mockery of the constitution and the law. The man can afford to pay for medical opinion of his choice but the government wants to treat him as some penniless vagrant and deny him his rights. When a defendant cannot “afford” an attorney, the state will provide one, similarly when a defendant can afford a doctor to render a second opinion why is the government playing hard ball? It’s just rediculous what the government is doing trying to score legal and political points.
This man (Choksi) is a fraud and has duped Indian Banks with Billions of dollars. Indian public and entire civilized world is watching how you people are sheltering our criminal. Get rid of this rascal at the earliest for the good.
Your entire opposition and lots of institutions appears to have compromised and bribed by this man. I never know dominica but now know you and it’s not in good taste.
Niraj Garg, you may well be right but I believe no one is guilty till found so by a proper trial in a court of law. If you want Choksi to stand trial in India get your government to extradite him from Antigua, the country he is a citizen off.
Boy Boy Boy look coshonie in Skerrit(Dominica) . Its real time Chi Chi type. Real time coshonie. No wonder days of prayers are in progress. But some of us do know to what these so called prayers are directed.
What information will derive from the Shoski Saga will be good for Dominica. God works in mysterious ways. We shall hear and see the results sooner or later. I wish this man best of health and a speedy recovery. God is in control.
“why is there a difference in this court when it comes to this man”? Because this man landed on the shores of Dominica unofficially.
This man is a fugitive, running from his crimes in his homeland, why did he claim not guilty of illegal entry in Dominica, provoking the cause of a trial, did he not know he was sick and did not have the legal right to be served, according to his terms in Dominica?
Who knows what his choice of a private doctor plans to do throughout his services. He wants a second opinion, he will have to accept it from a Doctor in Dominica, according to the rules of Dominica.
The man is sick; he is in Dominica, so he has the right to health service there, but he is not under the laws of the constitution in that his presence in Dominica is uncalled for. Who does he think he is to make such personal demands?
“why is he being deprived of his constitutional rights?” Constitutional rights to make rude demands?
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@ Lizforsatan
The man has done nothing to Dominica.
The man is in Dominica because of a deal gone bad involving three governments. The rotten government in Dominica, the government of Antigua and the government of India. As the days are passing by, it is becoming clearer and clearer that the man was taken to Dominica against his will.
So you hypocricy and horse manure does not cut it Lizforsatan
@%–the demon of Satan, if you think you have the power to object to my thoughts through your senseless allegations, then you are more carnal than you will ever know. But that is what Satan does to the mind of his followers, and that is YOU, not Me!
If your thoughts of ignorance have told you that Mehul Choski is in Dominica against his will, why is he and his lawyers not fighting to remove him from there? Why are they asking for bail for him, through his trial for “not guilty” illegal entry plead? Why is he demanding to be more comfortable there and they are going along with him–talking about rights through the constitution of Dominica? And why would Dominica make arrangements to keep a fugitive, a damn criminal among her people?
Listen, whoever you are, if you have nothing to say, than that garbage you keep repeating to me, then I suggest that you speak the words of rebuke to Satan, from your mind, for it is you who possess him–NOT ME
YOU are Hypocrite. Satan loves hypocrites!
@elizabethxavier, I’m worried about you. You wrote frequently on this medium like you were the word of God who said that “love” is the greatest commandment. What has happened to your compassion, your feelings and your love for a sick man? Liz, you have substituted the real God for the one who says he “runs things in Dominca”. It’s not just a matter how the man came to Dominica but his humanity. Liz, you have lost your conscience and are going down the wrong track.
Why does King Liar Skerrit has Choksi dying slowly in Dominica?
Really… don’t want him to talk…
Soon the cat will be out of the bag….
Prophets see things before they happen and here is what the Old Prophet see coming. Well before I tell you what I see coming let me remind you of the death of Jesus, since PM put us on a weekend fast. You remember after Judas Iscariot accepted the 30 prices of silver to turn Jesus over, they moved him from one Court to the other and came with all kinds of bogus charges, when they knew what they wanted was the death sentence? Ok let me stop here and tell you what’s coming:
One day we will get up and as we turn on our radio or Tv we will hear Breaking News. Then someone will say Mehul Choksi escaped from prison and fled away. A few hours later we will hear that Choksi was found.. without breath.
This is my third and final post on this particular article because it’s so egregious.
A fellow human being who has several life threatening medical issues, some of which need medical specialists. What harm can this request for a medical practitioner of my choice do to anyone. The STATE would not bear any expense for this.
Only humans and rats kill their own en masse. These people who are adamantly fighting against Mr. Choksi receiving adequate medical tests and attention at his own expense are RATS.
What a web is woven simple decisions,did he enter the island illegally?
If so $5,000 dollar fine and removed to whence he came from.
End of this absurd political chinanigans.
Why is Mr. Choksi who has no ties to Dominica, has never hurt a single Dominican citizen still in the country? Why are we using the resources of health sector, the legal system, national security on someone who was brought to the country against his will?
These monies would accumulate to perhaps hundreds of thousands. Couldn’t this money be gifted to the unemployed, the desperately poor and to those who are still under tarpaulin roofs? this is the Hurricane Season ! Why are the maladministration’s priorities so confused?
If didMehul Choksi didn’t claim not guilty for illegal entry, there would be no reason for him to be in Dominica right now. He would simply be charged and be deported to where he came from–is that not so? Now there has to be a trial to tell the court when he means by “not guilty”.
The other thing is that his lawyers want him to be on bail while the trial is going on–are they out of their minds? The man is a fugitive wanted for crimes he committed in his homeland, why do they want to hide him in Dominica?
He also came with health issues and is now making demands for a private doctor of his choice, in our hospital, while his lawyers are claiming that he has his constitutional rights to support his demand, say what! A fugitive, running away from his homeland and the place where he is a citizen, we don’t know why he is in Dominica, how can those lawyers say that he has constitutional rights here?
Ask them why they want him in Dominica
A man who has a brain injury, and has done absolutely no harm to Dominica is being denied a doctor of his choice????? This country has dipped so low that its only divine intervention that will bring it back.. Where are those who are calling upon the nation to pray??????????
But what has Choksi done to merit that kind of treatment in Dominica? It is pellucidly clear to 99% of Dominicans and even Antiguans that the man was brought to Dominicans against his will. Why can’t he be sent back to his country, Antigua, and those who were allegedly involved in the kidnapping pursued?
I just hope at the end of it all, he can sue some of the liars and conmen who must have been the masterminders.
This is an international scandal that has sullied the name of Dominica in a manner never heard of before. Those liars who are asking Dominicans to defend the CBI, have they killed it forever????????