Dominica News Online (DNO) has been informed by a well-placed source that High Court judge, Birnie Stephenson, has recused herself from an elections petition case which was filed by the United Workers Party (UWP) after the 2019 general election.
The UWP filed the petitions 21 days after the December 6th election, challenging the results in 10 constituencies.
Justice Stephenson was to have ruled on an application from the government to have the matter struck out.
Opposition leader, Lennox Linton, had called for Stephenson’s recusal, claiming that her record of performance in the court system of Dominica against those who have brought matters against the Roosevelt Skerrit administration over the many years that she’s been here, requires that she recuses herself from this strikeout application from the government.
“Bernie Stephenson cannot be fair; she cannot be impartial; she cannot be independent; she cannot be objective where the dispensation of justice as it involves the United Workers Party in Dominica is concerned and she should recuse herself from this matter,” Linton insisted.
The Opposition Leader was concerned that Stephenson, “even though she is in the criminal jurisdiction of the court,” was being asked by her superiors to do the case.
“There is a judge responsible for the civil jurisdiction of the High Court here who is being bypassed to look at this case to hand it over to Bernie Stephenson instead,” Linton contended.
Senior Counsel, Anthony Astaphan, in response to Linton’s statements, defended Justice Stephenson by pointing out that she had ruled in favour of Parliamentary Representative for the Salisbury Constituency, Hector ‘Spags’ John and all the other UWP supporters who were charged with rioting.
“How does a man go out there and attack a judge and does not mention that the judge ruled in the favor of the United Workers Party in the rioting cases out of Salisbury, but that the court of appeal overturned her and sent it back to the Magistrates Court for prosecution?” Astaphan asked.
However, Linton is not alone in his opposition to the involvement of Stephenson in that case. Former president of the Concerned Citizens Movement and activist, Loftus Durand, made a public a letter which he was planning to send to the Chief Justice of the Eastern Caribbean Supreme Court (ECSC) requesting that Justice Stephenson be replaced in that matter by another justice of the ECSC.
Durand cites, as one of the reasons for his request, Justice Stephenson’s eleven-year posting in Dominica. He claims that “by having such a
a long stint in Dominica, Justice Stephenson has become too involved and engrossed in the country’s affairs.”
Durand also made reference to Justice Stephenson’s track record on ruling on political matters in Dominica, suggesting that a large
majority of her judgements has been in favour of the current government.
“Therefore, we are humbly requesting that another of the Court’s Justices be brought in and assigned to the upcoming matter. We are informed that this is a practice that is well established by the Court,” he argued in his letter and mentioned a number of cases in which this had happened.
Durand has since revealed that Justice Stephenson recused herself before the letter could be sent to the ECSC Chief Justice.
The hearing for the government’s strikeout application is carded for June 10, 2020.
The general election was held on Friday 6th, December 2019, with the Dominica Labour Party (DLP) winning 18 seats out of 21 seats to secure a landslide victory. The UWP got the remaining 3 seats.
Two A**se holes. LL and LD.
Attacking a judge on political grounds?
Playing smart doesn’t mean you are clever.
Now she has stepped out and you lost your case one wonders your next hatred utterance.
And of course they are DNO’s credible sources. Note the line “However, Linton is not alone in his opposition to the involvement of Stephenson in that case. Former president of the Concerned Citizens Movement and activist, Loftus Durand…” so impartial indeed.
My mom always said there are deferences between a small goat (Kid) and a child. One is human the other is not. One is likened to being a complete idiot animal being lead to the slaughter the other is gods gift to two human being. One can be educated and trained for success and self reliance, the other cannot be trained and therefore remains a mendicant creation in society (wait to be moved and fed).
This has lead me to always strive for independence and stubbornly resist any man, be it PM, Judge, Priest, Pastor, Young Goat (Kid) sitting on the block or Glorified Idiot decide my destiny. Let those who behave like young Goats (Kids) remain on the block for this is a telling sign mendicancy.
May God blesss Buju, Matt, Pyro, Blessing, Lofty, Lennox and others as they sacrifice
.
their safety and that of their friends and family to elevate mankind. A little militancy can do a lot with proper timing and execution. May the spirit of the ancestors be very pleased
ST.Jean,the court should nOT appoint any JUDGE to do the case.VERY SIMPLE.We all know the Judge Linton want is WYNANT ADRIEN ROBERTS.We also know Judge ROBERTS is a POTO UWP.Conflict of interest.HYPOCRITES.
Lin clown, it is the judge who saw it fit to recuse herself from the case. Do you understand that she must have had good reason to do so? Who Mr. Linton may want is not at issue here because the court is going to appoint whosoever it sees fit to oversee the case. There will always be conspiracy theorists who come out the woodwork on all issues, but at the end of the day, the results will be what they will be. The thing is when one has the potential to influence and shape the outcome then they would be foolish not to avail themselves of the opportunity to do so. You win some and you lose some.
Lin Clown can publicly say Judge Roberts is a poto UWP and therefore there will be a conflict of interest, in the same breath the Attorney General, a non -elected member of the parliament can call for the recuse of Miss Roberts because of familiarity among the local society emmmh! But Lennox Linton, the Leader of the Opposition , a parliamentary elected position under the constitution of Dominica is being criticized for publicly calling on Judge Bernie to recuse herself for the same reason Lin Clown that Clown and to the AG, who fears going to the Law School in Trinidad to get fully qualified in our jurisdiction, can call for Judge Roberts to be recused. WHAT a clown, Lin Clown, the clown, is. Seriously I am beginning to wonder who is the most senior Clown , whether it is Lin Clown, the Clown or is it the toy AG ; someone suggested they may just tie for first place – just Like a pack of cards have two jokers.
Linton and Loftus Durand remember F Newton 18 pass 3
Thank you Jesus for your small mercies!!!!
You see, the best lesson for us here is that when we stand in unison and hold our ground victory is certain regardless of what the detractors may do. My very good attorney friend from St.Lucia once said to me that as long as Bernie is serving in Dca and Lil Tony is presenting before her the chances of any opposing attorney wining is bleak. He alleges that they are buddies from law school
days and today use the same law firm in London to do consulting research work on their or friend’s behalf. This circle cannot be broken but everyone once in a while a bone “may” be thrown in very minor cases to the opposing attorney(s) to appeases the citizenry”.
He is firmly of the belief that a big mistake was made when the ECSC was accepted in the Caribbean replacing the Privy Council. Accordingly, it can be argued, the ECSC owes Skewo big time for coming on board early and so rewards him favorably. So BE GONE Bernie!!! See you in Demarar!
I’m always suspious of people who use the word “Jesus” to give credence to their political rerhoric. Lies and dishonesty driven by political patisan beliefs are not leasons to be learned of victory and unison.The lies and dishonesty I’m refering to, is your statement about what your good friend told you regarding Judge Birnie Stephenson and SC Anthony Astaphan, the mere fact you use the word “alleges” says alot about your statement, such a folly. Why would you defend what you believe with an allegation of what someone told you, Wow.
Again, you mentioned your friend telling you his belief that it was a big mistake to mkae the CCJ the last resort for the Commonwealth Caribbean court of appeal replacing the Privy Council. Don’t you think for yourself, do you have to rely on someone belief to form an opinion, you need to be corrected when you say, “the ECSC was accepted in the Caribbean replacing the Privy Council.” is’nt The ECSC hearing the matter we are commenting about.
Mr.G or whatever name you choose to call yourself this time, I am just soooooooo amused at your response that I feel compelled to respond but will hold my tongue instead while laughing loud and uncontrollably in French
. Oh what a moronic response deserving of the dustbin to be destroyed in the pit at Labasse! Thats your best shot? Wheeeeeeeeeel and come again please.
God bless Buju, Matt, Pyro, Seth, Lofty, Blessings and others who are leading the charge for change and believe me, its only a matter of time. A little militancy does a whole lot of good sometimes.
Justice Stephenson seems to be incompetent or biased; she was reversed by the Appeals court in the Salisbury case and in the 2014 election case. She either ignored evidence and law or penned disjointed opinions.
Congratulations Judge!!. I would have done the same thing in your place. This is a principled move, especially if you know the allegations against you are false.
I believe whenever one is accused of acting corruptly, unfairly or unjustly, it is best to remove oneself from the situation out of pure principle. It is the best course of action no matter how innocent or honest one is.
It is hoped that this principled behaviour will return to Dominica as it was how the older generations used to be. Long ago.
Again, congratulations for stepping aside and reducing the clamour around the subject and politics in Dominica at this time.
Justice is only served when it goes in favor of the UWP.
No who or what THEY will always find faults once things do not go their way.
Right now not only do we want the unjust judge Bernie Stephenson to recuse herself from the case but we want her to know that she has overstayed her stay in Dominica and now is time for her to pack her bag and go back to her country of Guyana
That’s a sign of no confidence not only in Bernie Stephenson but in the entire judicial system in Dominica.
Judges come, judges go. Justice victoria Clarke did her service in dominica and was transferred. So was justice cottle and the other judges before and after him. A judge is not suppose to stay over ten years in a country. So why is justice Stephenson still in Dominica? I really want to know
Dominicans❗ Take a Hard and Honest Look at the present and seemingly permanent State of Affairs in your country. Are you truly satisfied that this is the best we can do? Are you not alarmed with the gross underdevelopment, underachievement, underhandedness and underemployment in your country?
When there is no activism for change and the people remain stoically silent, things get progressively worse, and the government becomes more entrenched in their corrupt and evil ways.
How can you sit idly by while this potbellied maladministration stubbornly refuses to share the resources of the state equitably but take the lion share for themselves, their family members and their enablers?
For their abysmal performance and corruption, Skerrit and his gang of eighteen (18) should be POLITICALLY exterminated.
LOL, The questions you are proposing to the Dominican people has been dealt with 6 months ago at the polls, can’t you not get over your bitterness and hatred. Do you think that your obnoxious comments of innuendos and accusations with nice clothed words can somehow deter the progress and development that’s happening in Dominica. The abysmal performance of the Government is not decided by you writing such comments, with your distortion of facts, it is decided by the people of Dominica at the polls. The corruption and allegations you seem to be repeating takes on a modus operandi by which guilt is assumed before innocence can be proven. I mentioned to you before you are an awful political operative, as to your cleverness with words “Skerrit and his gang of eighteen (18) should be POLITICALLY exterminated.” Wow.
Gary, for some reason I cannot use the thumbs rating, they are both in black–as if I have already used them for those comments–I don’t know why.
So I am writing it down for you to see, that I am with your post above. I am always trying to determine who is Ibo France speaking for, when he/she says the “people”, in that the people of Dominica are making their choice every 5 years. They are choosing Prime Minister Roosevelt Skerrit to be their leader. That is because he is doing what he was chosen to do.
When will that minority group stop walking with their eyes closed and their mind-numbed, with that deafening fictitious noise?
Elizabeth, I have noticed that same thing like they are blocking Labour supporters most of our post goes to the bin and never to be seen, l know one person that is always posting 6 to 8 rubbish a day insulting every Labour supporters yet nothing is being done about it but again this is Dominica.
ADMIN: Man bites dogs, this has been explained to you before: many of your comments contain multiple violations of our comment policy (for e.g they may be slanderous and/or attempt to represent hearsay as fact) and are therefore not published.
That aside, if you, Elizabeth or anyone has an issue with the functioning of the site please report it here or via [email protected] and we will do our best to respond.
Thank you, Admin. But you should know that I am not one who is bothersome about anything. Yes, I know that you have always published my comments–up to this time.
It was just that, from the top board up to Gary’s comment, I was unable to use the thumbs rating–but I didn’t know why.
However, when I got lower down, passed Gary’s comment, the problem was solved–that is why I do not make any force about anything eh! What I have to do and say will be done by His (God’s) Will–thanks again!
Elizabeth; use you commonsense!
Whereas it appears that Roosevelt has the run of the mill winning elections in Dominica, only people without commonsense could believe that for the past twenty years Roosevelt has won an elections fair in the country.
If the people of Dominica freely elects Roosevelt, I must submit to you all the people who votes him in power likes punishment, hence they are prepared to suffer hunger, and exists in poverty.
That would mean they like and encourage corruption, and thievery in the country.
The first election Roosevelt won, that was legitimately, the people were behind him simple for his youth, looks and dimples on his cheek.
The second win I question, and counting; this last election was the worst of all practically every seat is stolen; via…….. corrupted cynical conduct.
This can’t go on forever Elizabeth, some day Roosevelt will be caught with his hands in the cookie jar, not even the bag of delusional tricks Chichi daddy gave him…
Yes Mary, Skerrit and his gang should be politically exterminated for all the damage they have done to my country. I personally would go even further and say that all those people who kept them in power and abused their position and enriched themselves, should be investigated and if found guilty, prosecuted. I guess this would leave people like you in a pretty exposed position.
You have a right to believe whatever you want to believe, be content with your belief You need to be reminded that a belief is not a truth, a belief is a personal conviction, that’s all it is.
You sit home with a dictionary and do nothing to help the country move forward.This is a democraxy place and the people have spoken.The comments indicate that the country is unrest therefore,the Government has the right to seek help from USA and UK.
Gary, I know you said many times before I am basically an idiot who does not know what I am talking about.
I counter you by saying you shot-gun for words out is dictionaries, and even at that you don’t know when you are using them wrong.
How can one propose a “question” when a proposal means to put forward an idea or plan for consideration or discussion by others; i.e. nominate someone for an elected office or as a member of a society.
A question is an utterance which typically functions as a request for information, which is expected to be provided in the form of an answer.
Questions are often conflated with interrogatives.
You like to LOL not knowing the joke is on you!
So, here is my LOL on you:
Hahahahahahahahahahahahahahahahahah!
Ibo France remember F Newton were exterminated 18 pass 3
Now that your request has been granted let’s hear and see what’s next.
It is my long held belief that Dominica development and progress has been stymied by these 3 women
Maria
Alec Boyd Knigh
Bernie Stephenson
I have to agree but you forgot Erica and Francine Baron.
Every honest person will readily acknowledge that the last general elections in Dominica were fraught with all sorts of corrupt practices and anomalies. However, our once revered Justice System is just a shadow of its former self. Blatant wrongs and illegalities committed by the current maladministration in power are done so with impunity. We need a Justice System that is completely impartial and will give every man his due regardless of social or political status.
That judge has to go. She basically confirmed that she can’t rule impartially in this matter. Actually, it’s not only in this matter! That begs the question, is a judge that can’t rule impartially a judge at all? In my opinion this woman has to go. She has done enough damage already.
You never seem to think, you are so blinded by your nonsensical political rhetoric you do not even see the big picture, sad,that’s all I will say to you.
YOUR rethoric and propaganda are pathetic! Since you know it all why don’t you tell us exactly what ‘the big picture’ is instead of just throwing this phrases in the room. What is the big picture?
Just like the trial of Jesus Christ, yes, there was a trial of Jesus, Pontius Pilate couldn’t find anything that Jesus had done wrong, yet couldn’t bring himself to set him free. Instead, the court system gave us an early glimpse of how unreliable it can be when it is in cohorts with corrupt leadership. I’m sure this has occurred many times from then till now and will continue into the future unless the principals of the court are called out and forced to act in ways that appear to be fair. Justice must not only be done, but it must also be done in a way that is clearly obvious not to be unfair. I commend Mr. Linton for holding the feet of the judge to the fire and insisting that we have observed her conduct in the past and are not confident, based on some of her past decisions and behavior, that she can be just and not influenced if she hears the complaint being brought up. Let Tony squeal all he wants but justice must appear to be done. I wish the opposition the best.
IBO,the MAJORITY of Domimicans has NEVER VOTED UWP in 7 elections.
UWP
1990. 26.85%
1995. 34.36%
2000. 43.24%
2005. 43.67%
2009. 34.86%
2014. 42.85%
2019. 40.99%
So Gary is right.IBO FRANCE,BWA BANDAY and BATIBOU RIVER are
a DISGRACE to UWP.POLITICALLY EXTERMINATED explain that IBO.Do you think Judge Wynant Adrien Roberts will take over?ROBERTS is a known supporter of UWP.If the ECSC owe skerrit BIG-TIME only a JACKA like IBO expect him to lose.What make UWP think a Judge will rule in their favour,when the Majority of DOMINICANS have NEVER VOTED them since 198
Since when did Judge Roberts ever discuss her political leanings with you sir or anyone else sir? She worked with the current DLP administration for years. She was absolutely impartial as a magistrate but all of a sudden because the “FROG” has recused herself the learned Judge Hon. Roberts is UWP? The nerve of some of you Dcans who know better but refuse to call a spade a spade.
God bless Buju, Matt, Lofty, Pyro, Blessings and those who sacrifice the safety of themselves and family to save mankind and humanity from this dangerous cabal. Time will tell, oh time will tell!
@Jonathan Y St Jean, I normally just pass on your post, as I do with some of the others because nothing that you all write interest me. But that one above is a bit different.
Just like most people do, you have used the situation of Jesus to prove your point–even if I don’t see the point at all. However, every situation about Jesus, the Son, was the plan of the Father–no man could have interfered with that plan and that included Pilate.
At John 19, Pilate is questioning Jesus, but He simply ignored him. So Pilate said to Him: “Are You not speaking to me? Do You not know that I have the power to crucify You, and power to release You?” Jesus said to him: “You could have no power against Me unless it was given you from above.” Do you understand that answer?
I have the same belief about Judge, Birnie Stephenson, that her decision was not from her own will; if I were you all, I would wait for tomorrow’s verdict before I start rejoicing.
Elizabeth, the verdict in a case is not based solely on the question that a defendant asks the judge or the defendant not answering the question asked of him by the judge. The prosecution has to gather their facts/ proof of wrongdoing and present those to the judge. As it was in the beginning so shall it be in the end. Pontius Pilate did not hand over Jesus because of the answer that Jesus Christ gave him but because Pontius was corrupt and in cohort with the corrupt leadership of the day.
You would have made a better decision to not respond to my comment, your response made no sense at all.
You are still saying that Pilate made a decision on his own to crucify Jesus–speaking about corruption–where were you to know this foolish thing at that time?
I am saying to you that all the things that happened to Jesus, the Son, were by the Will of the Father, Almighty God.
Jesus prayed at the Garden of Getheshame, asking the Father to take away the Bitter Cup from Him. That cup was that He had to surrender the “Spirit in Him” in order that His body would die. While He was praying, He remembered that what He was doing was the Will of the Father that He should obey.
No man could have laid a hand on Jesus against the Will of the Father. Jesus’ resurrection from the Grave was the glory that the Father received from the Son. Stop mixing the things of the Spirit with that of the World–you guys are not helping!
Elizabeth, just so you know, I don’t put forward my opinions for you to pay attention to. 🤣
Justice Stephenson IS the Civil Judge in Dominica. She sat in a few criminal matters due to the recusal of Justice Roberts, who is from Dominica, having a conflict of interest with the parties. Where does Linton get the idea what she was asked by her superiors to do the case?
Alibaba and his forty thieves is a team and no matter who recused themselves and who replaces the recused, other members of the Alibaba gang will just step up. Remember The forty thieves of Alibaba are in the judiciary, in the church, in the police, in social security, in the DAIC, in the banks, in caricom , in the ccj, in the hotel industry, in the counsel in just about everything. So one recusal is nothing to excite me.
I am thankful that she has recused herself from the case but knowing how corrupt the system is, I would not be surprised if they prepped her replacement to deliver the same result that they had already agreed that Bernie Stephenson would have given. I think this last minute move was not genuine and the corrupt team has no already done what they had to do so we will not blame Bernie Stephenson. The entire judicial system is corrupt and I can’t trust anyone to deliver justice
You said that entire judicial system is corrupt and cannot be trusted. Where is the evidence to support what you believe. Do you think the the assumptions you have made is sufficient enough to support what you believe. Do you believe that your opinion is factual simply by what you expressed. You must not just assume something simply because it fits the political narrative of the UWP, you need to make a better argument to support your claim, stop being a follower of someone political agenda that has a dismal record of lying.
You said that entire judicial system is corrupt and cannot be trusted. Where is the evidence to support what you believe. Do you think the the assumptions you have made is sufficient enough to support what you believe. Do you believe that your opinion is factual simply by what you expressed. You must not just assume something simply because it fits the political narrative of the UWP, you need to make a better argument to support your claim, stop being a follower of someone political agenda that has a dismal record of lying.