The Eastern Caribbean Supreme Court (ECSC) has overturned the decision of the Dominica high court to uphold a request for judicial review in a treating matter against some Dominica Labour Party (DLP) candidates in the 2014 general election in Dominica.
In his application, counsel for the DLP, Anthony Astaphan, SC, claimed that the magistrate had no jurisdiction to issue the summons and the matter was one of an election petition which should be heard in the high court. The presiding judge, Justice Birnie Stephenson agreed.
The appellants (Mervin John Baptiste, Antoine Defoe, and Edincot St. Valle), through their lawyer Cara Shillingford, appealed that matter which was heard in October 2019 and the decision reserved.
The ECSC’s decision to uphold the appellants’ appeal was carried by a majority of two to one.
Astaphan told Dominica News Online (DNO) moments after news of the decision was received that on behalf of his clients, he is going to proceed to file an application for leave to appeal the ECSC’s decision at the CCJ.
More details will follow.