In a judgment released today, the Caribbean Court of Justice (CCJ) dismissed the appeal in the matter of Roosevelt Skerrit & Ors [others] v Antoine Defoe & Ors [2021] CCJ 4 (AJ) (DM) and affirmed the order of the Court of Appeal reinstating the Magistrate’s summonses for the appellants to appear to answer the election charge of treating.
Treating refers to directly or indirectly providing food, drink or entertainment to a person, during or after an election with the aim of corruptly influencing that person’s vote.
The Court heard the appeal on 10 December 2020.
The case arose out of events leading up to general elections held in Dominica on 8 December 2014. The Dominica Labour Party (“DLP”) led by Mr. Roosevelt Skerrit won the majority of the seats in the House of Assembly and so formed the new government.
Shortly before the elections, the DLP held two free public concerts in Roseau. Three members [Antoine Defoe, Mervin Jno Baptiste, Edincourt St. Valle] of the United Workers’ Party (“UWP”) who had been defeated at the polls alleged that Mr. Skerrit and the other elected DLP members committed the election offence of “treating” contrary to section 56 of the House of Assembly (Elections) Act Cap 2:01 (“the Elections Act”), by hosting these concerts. The UWP members claimed that the aim of the DLP members was to corruptly influence the public to vote for the DLP. The law in Dominica is that a person convicted of treating is disqualified from sitting in the House of Assembly and cannot run for elections for seven years.
The UWP members filed criminal complaints in the Magistrate’s Court and a Magistrate issued summonses against Mr. Skerrit and the other elected DLP members who then sought judicial review of the Magistrate’s decision to issue the summonses. They argued that the Magistrate lacked the authority to issue the summonses because the offence of treating concerned the validity of the election, and only the High Court could decide this question. The High Court decided in favour of Mr. Skerrit and his colleagues, ruling that the summonses were invalid. The UWP members appealed to the Court of Appeal.
By a majority, the Court of Appeal found in favour of the UWP members. The court decided that the Elections Act created a summary criminal process and gave the Magistrate power to try and convict any person for treating. That power did not intrude on the power of the High Court to rule on questions of the validity of elections and thereby the membership of the House of Assembly.
The members of the DLP appealed the decision of the Court of Appeal. Their counsel argued that the Magistrate was not entitled to issue the summonses or try the alleged offences because only the High Court could determine questions regarding the qualification of persons to sit in the House of Assembly.
The CCJ, in a judgment delivered by the Hon. Mr. Justice Anderson, held that summary proceedings for treating were not brought to determine the validity of someone’s membership to the House of Assembly; rather, these proceedings were brought to vindicate the criminal law, or in other words, to try someone accused of committing the offence of treating. According to the Constitution, any person, meaning both persons who were members of the House and persons who were not, could be the subject of summary proceedings for treating. Therefore, Members of the House were not immune from being prosecuted for that offence. The disqualification which followed if a member is found guilty of treating was not imposed by the Magistrate, rather, it occurred as a matter of law brought about by the operation of section 61 of the Elections Act. Therefore, summary proceedings for treating did not offend the sole power of the High Court to determine questions of membership.
The Hon. Mr. Justice Burgess in a concurring judgment found that the appeal should fail because it was not properly put before the Court. The Constitution established a system for constitutional redress and interpretation in sections 103 and 104. The appellants were not entitled to raise a question concerning constitutional redress and interpretation by a segue, that is, in a claim for judicial review, as they had attempted to do in this case.
The appeal was therefore dismissed and the summonses and complaints against the Appellants for treating, reinstated.
The Court comprised the Hon. Mr Justice Saunders, President, and the Hon. Mr Justice Jacob Wit, the Hon. Mr Justice Winston Anderson, the Hon. Mme Justice Rajnauth-Lee, the Hon. Mr Justice Barrow, the Hon. Mr Justice Burgess, and the Hon. Mr Justice Jamadar.
Mr Anthony Astaphan SC, Mr Lennox Lawrence, Mrs Heather Felix-Evans, and Ms Jodie Luke appeared for the appellants. Ms Cara Shillingford and Mr Wayne Marsh appeared for the respondents.
The full judgment of the Court is available on the Court’s website at www.ccj.org.
What’s the latest on this, things gone quiet….. where’s the DPP, where’s the Magistrate who is going to try the case? Things need to start moving, the people are getting tired of waiting for justice!!
Good Observations dissident, thanks much for your obvious Comments.
Here’s some advice M. Dissident. Our people has hi through enough of this failed incompetent Questionable inmature Labour government and its failed incompetent Questionable inmature Skerrit and his failed Labour Party Government.
There is no meaningful development taking place in our Dominica. All we see and hear from people like you is all about protecting be the hypocrisy of this failed incompetent Skerrit and his failed questionable Labour government. Our people out there needs jobs and decency that their children are able to be well educated and mature towards growth, education and loyalty. Skerrit is Not that competent to be the Leader/Prime Minister of our government and Country. It’s a big flamboyant, pappyshow Day by Day behaviour with no prospective Development Plans to elevate our people and our Dominica towards Opportunities, employment for our people. This commical failed Labour Govt must take a hike.
St.Jean Ibo France,%, Bwa banday,Viewsexpressed same bunch of ……,who does not understand simple english.This case should be tried by the Magistrare’s court in Dominica.This is not a victory in the case.This case has to be tried.The BURDEN OF PROOF is on St.Valle and Jno.Baptiste.That is why they are shaking.In the 2019 election UWP LOST 1,163 votes,Labour gained 222 votes.That mean UWP is does not have the support of the majority of Dominicans.The 1,163 votes UWP lost,where did they come from?Dominicans living in Dominica,or Dominicans living in the Diaspora?Every year at Christmas time DLP candidates entertain their supporters.IS THAT A CRIME?Every election they entertain THEIR SUPPORTERS is that a CRIME?.St.Valle and Jno Baptiste are members of UWP any Magistrate who does the case know that.
You just openly said that every election they entertain their supporters. YES that is seen as treating. Treating is a crime. Bribery is also a crime. You yourself im sure have been bribed over and over again. Otherwise you wouldnt be singing. In the times of Freedom party, who did you vote for? Freedom or labour?
Yes. That is a crime.
Lin Clown 🤡🤣 I quoute Your dirty thoughts, it says alot of who you and what you represent.
What you think, you’re gonna Shut me up or what,? Well Madam Clown 🤡 the Joker you are. You go take care of yourself and I am ok, happy with myself, but unhappy with you despicable fake thoughts of your blind Loyalty to this Failed incompetent Labour Skerrit of yours and his failed questionable incompetent Questionable Labour government.
We desperately need that change in our Government as soon as possible, due to the political poison of this failed incompetent Labour government and its failed leadership and blind loyalists like you. Wake up woman and smell the dirty Political thoughts of your Failed Labour Government and Immature visionless failed Prime Odd’ Minister. And we quote the nice words of your failed so called Prime Minister. He can’t break up they UWP under our distinguished experienced commited trusted competent professional trustworthy Hon Lennox Linton and his DecentUWP Team.
Jail them I say… Jail skerite and the rest . After they found guilty and uwp take over the reign we the people will see to it that they answer to the other curruption like ng lap seng. madueke.. monfared.. and we going after the others.. the currupt policemen and women.. that currupt chief of police ..that currupt deputy of police .. that currupt president. .. all and all of them will pay dearly.. we making a clean sweep in that country … Tout coshony wi dumping them in stockfarm..
See? This kind of thing upsets me and I always say these childish people in the UWP and those who support are the ones retarding the growth of the party. Too much time is spent on pushing propaganda which don’t translate to benefits.
There was no victory. The question was, which court should determine the case; the magistrate’s court or the high court. The CCJ, who the same people criticized, agreed with those who said the magistrate’s court should hear the case. So the case is going back to that court to be heard. Where is the victory. The magistrates depend on the government for a job. What do you think is going to happen?
STOP this crap about victory and government is falling. Focus on things which actually bring benefit to a political party. Watch APP
the victory is that the case will not be thrown out, but will be tried in its entirety. New information may come out of it. And if the court’s decision goes against the government, this can change the furutre of politics in the region. I do not care about political party. I hate politics and politicians. But i love truth and justice, rules and laws. The same people sworn in with their hand on the Bible to uphold the laws are breaking them without any remorse. This is the first step to something new for dominica. This is a new development for us. It doesnt have to all be in building made by MMC and NH or the chinese.
There was never a question of whether the case should be heard or not . It was agreed that it should he heard. What was in dispute was which court should hear the case. Whether it is the high court, as said by the DLP or the magistrates court as put forward by the UWP supporters. The CCJ agreed with the UWP people that it is truly the magistrates court. The chief magistrate was order to put things in place so the people can be subpoenaed and the case will proceed. Don’t appear to be that desperate for a victory.
Galileo, ,Are you for real. Your commentary above represents you fully and your obvious lack of meaningful thoughts.
.”These childish idiito people of this failed incompetent Skerrit and his failed questionable Labour party government has failed us. Questions being asked rightly by we the people of Dominica who pay our taxes towards the development of our Dominica’ and NOT to condone this thievery of Skerrit’s Questionable Red Clinic where it is said is the abuse of our hard earned salaries and the obvious abuse of our States funds. So according to your fake Incompetent Labour Odd Minister who should have never been a Prime Minister of our struggling Dominica, meaning that Skerrit and his Immature visionless failed Labour government has killed our economy our agriculture and our rural villages where our people continue to suffer and struggle to support their children and families. This Labour Party Government has failed us our struggling people while the DLP is Happy. Sad. Skerrit…
This little light which the CCJ has allowed to shine on the corrupt political practices in Dominica will turn out to be a flood light across the entire Caribbean. Thanks to Cara Shillingford and her team and the resilience of the plaintiffs, there is a chink in the armor of the Skerritt and Tony Astaphan political firm. When the matter goes to the magistrate if found guilty, that will be the demise of the corrupt Labour cabal. The defendants will be barred from running for political office for 7 years. This will be more than enough time to decapitate the monster that Skerritt unleashed on Dominica. Even if the opposition loses in the magistrate court the matter will be appealed to the CCJ. Skerritt, your ship is sinking.
Let Edincort St.Valle and Mervin Jno.Baptiste produce evidence in the Magistrate’s court.Antoine Defoe has died.Let’s see.
Boss you doe see you a dam clown … All your comments has no likes. You a dam pampalam clown.. go to hell your dam hars
I’ve read this and I’m still left scratching my head.
Where my comment? for this and other articles.
ADMIN: Your comments have been moderated. Please check again and let us know if you still don’t see it.
A very interesting Court matter in the interest of our government’s Constitution, rules etc and with absolutely no Foreseeable Corruption (Bobol) practices in our Government and States affairs. We know that our States funds has continuously been abused, for example through the Abusive “Red Clinic” deceptiveness just for this Failed Labour government with no obvious plans to rebuild our Government, our people and children into Education, Jobs and patriotism. We don’t get this within this Failed Labour government who has killed our agriculture and economy and fake us through their Red Clinic Loyalty to buy fame and blind loyalists.
You Blind Labour People out there, please run away from Failed Skerrit and his questionable incompetent Bobolistic deceitful Immature Leadership and failed Labour government not known of the practices and implementations of Socioeconomic development concept desperately needed for our people in our Dominica. Skerrit Failed.
We Welcome UWP Hon. Lennox…
Yes I! Kara sholved it up in Tony where the fart comes out!😆😆😆. He must be walking sideways now….that is what you call a well endorsed legal foo-shet!💪💪💪😆😆😆. Garson let me take a drink on that with my partner Hilary eh👍🏽👍🏽.
Hold up, hold up! The CCJ doesn’t deserve much praise for the verdict in this matter. The whole Caribbean judicial system has not served the people of the region well so far, for eg to have asked the prosecution to present the passports of accused was damn rediculous. How was the prosecution going to get it? This case is being addressed 7 years after the election, so how much good does it do? Justice delayed is justice denied. In the US the Supreme court even if not in session will convene to address matters related to elections because timing is so important to sit the next government. Seven years after in this case is moronic. Congrats to Cara Shillingford and her team and the plaintiffs. Anthony Astaphan and other enablers and defenders of treating and other corrupt election practices have been warned by this decision. The constitution and the people won big because of this rulling. Those who kept saying that the opposition was wasting money just got a wakeup slap.
Congratulations. This is a victory for Dominica and for Dominicans. Like it or not, we have rules and laws here in Dominica. Wrong cannot be corrected with more wrong. Examples have to be set. This should be done for the betterment of our people regrdless of who is in government. We need to stop the madness and be accountable for the actions taken.
My only question would be if the case does not go in favor of the gevernment, do we go back to elections? do ministers who remain from the 2014 election step down from politics and the Cabinet. How will we proceed. exciting times.
Cara Shillingford you are such a role model for our young women!
That’s the second time that you struck gold against our corruption posing as a government. Imagine, did Tony get early notice of the judges decision thus his conspicuous absence at the court meeting to hand down the embarrassment?
Dat guy is more coward than de pump up his chest Skerrit he gets paid heftily to defend at all costs.
Mr lawrence and miss Evans must how their heads in the sand when they come across our latest legal bombshell Cara Shillingford!!!
Cudos to you miss Shillingford!
Another sterling victory against tyranny!!!
London Bridge is falling down
Falling down, falling down
London Bridge is falling down
My fair lady
Build it up with iron bars
Iron bars, iron bars
Build it up with iron bars
My fair lady
Iron bars will bend and break
Bend and break, bend and break
Iron bars will bend and break
My fair lady
Build it up with gold and silver
Gold and silver, gold and silver
Build it up with gold and silver
My fair lady.
(Build it up with STOLEN VOTES, stolen votes, stolen votes
Build it up with STOLEN VOTES, you Lying leader
Hope you go to jail one day, jail one day jail one hope you go to jail one day for all these days of stealing)
London Bridge is falling down
Falling down, falling down
London Bridge is falling down
M-y f-a-i-r l-a-d-y
DNO, please correct your mistake. The charge was not brought by UWP members. In as muck as we all know that the 3 are supporters you need to make the distension because you are creating political mischief by not doing so
ADMIN: We did not write this article, it comes from a Caribbean Court of Justice media release that was published verbatim. At the top of each article just below the headline is the byline which shows the source or attribution for each article.
Sorry, DNO, but this is as lame an excuse if there ever was one. Your responsibility as journalists is to get things right. To repeat a wrong – what if it were defamatory – and sate ‘we didn’t write it’ is irresponsible.
ADMIN: We don’t believe there is an error.
The CCJ is the body that made the ruling. They issued the release to the entire media. Unless you can clearly demonstrate that the information is incorrect we will defer to them as the best source.
If those who filed the petition are/ were card holding members of the UWP when the case was filed then the article is correct.
DNO – why are you being so defensive towards what’s a genuine or legitimate concern brought to your attention by a concerned citizen… over your ‘third-party’ misleading comms messaging?
As an eNew house, it is your duty to determine if a news item is reputable before you disseminate it to your readership. You need to think through some of the problems in distinguishing reputable news from phony ones. What might give you a clue that an online story you are regurgitating is bogus, fake, or unreliable. Sorry, but you failed to do that on this occasion, so it’s back to the drawing board for you being guided by lessons learned in this matter for the further.
Donald, you are off your mind! You are irrelevant now, you where kicked out of office…
Great response Tim on behalf of your DNO Team and committed readers of DNO. You and your Team Family have to date done an amazing exceptionally great work with your prolific Dominica News on Line – DNO.
Keep up the good work and we appreciate and acknowledge the Highly Professional work that you and your prolific Team have undertaken over the years. Thanks Much. Do keep up the good job. We’ll continue reading and commenting.
Thanks much 😊 to you and your dedicated Team for the good work that you’ll have undertaken and continue to do.
Good Luck 🤞 and congratulations 🤞😃 to your Team and yourdeyasvTeam Leader.
Blessed 🙏 Day 😇
All the plane tickets that are allegedly paid for, the spending money that’s provided to people upon request, the favors. These aren’t secret. The people who receive speak of it openly. That’s too much
is it going to take another 7 years to get a judgment in the magistrates court?
Only if the citizen of Dominica allow it to be 7 years. Next election Skerrit should be taught a lesson that he will never forget. I hope my country will do the right thing for the sake of our island and our children. We can’t go on like this…!
When Skerrit knew he was guilty of breaking our laws to seize power he told No law no constitution can stop I, Roosevelt Skerrit of Vielle case from breaking the laws. Right now what this Court filling means to me is, right now we should use the same no law no constitution of Skerrit, to remove him from power.
At last, some hope for this country!
This is a very BIG victory for Dominica and off course the opposition! I congratulate Ms. Shillingford for a job well done, and also Mr. John baptist, Mr. Senval, and the diseased for standing their ground. I really hope this is the beginning of things to come and I say a BIG thank you Jesus for for this. My only question is why did it take 7 yes to get the victory?
Well said Galileo…. guess you comprehended the bigger picture of this exceptionally well. The Court must be left alone to get on with its business on our behalf. We need to respect and honour the Court to get on with the business of the State and its people.
‘Treating’ before the election and ‘mistreating’ after it.
All DLP ministers should lose their seats forever.
God is fully awake for He neither sleeps nor slumbers. He is always on the side of the righteous. No matter the struggles nor how long it tokes, GOOD always prevails over evil eventually.
This judgment gives reason for hope but not quite yet to celebrate. When a magistrate, judge or court of appeal gives its final decision on the substantive matter(s) then all right thinking, law abiding citizens can take out their champagne bottles, rum punch or however they choose to celebrate and dance in the streets. Much hard work still lies ahead. This is a long distance race not a sprint.
One can do as much as he likes but time is longer than twine. Nothing lasts forever. This just maybe the beginning of the end of Skerrit’s chokehold on the Dominican people.
Great Work Cara! Small axe cut down big tree.
A good decision first and the other is the bad decision .. wait for it..
Well, well, well, it looks like the air at the top is finally getting thinner. I mean we all knew that Dominica’s elections have been unfair to say the least. This treating has been going on for 15 years now and in all honesty it doesn’t only occur at election times. It’s actually part of everyday life in Dominica. Now the Dominican citizens should force Skerrit to pay the legal cost of this long running case out of his own pocket. It’s easy for him because all his legal expenses are charged to government coffers. But this should be paid by him and the DLP and their MPs. Dominica wake up!!!
Election 2005 stolen by DLP
Eĺection 2009 stolen by DLP
Election 2014 stolen bg DLP
Election 2019 stolen is an understatement. This was the first time Melvillehall airport became an international airport. Those DLP misleaders have polluted Dominica to the core.. Skerrit just believe that Tony will protect you, but i pray one day you answer to everything brother!!! Your wicked soul!!!
Let’s see how long it takes to drag them to the court!!!
%, great Commentary, thanks much for your information and thoughts. We need people like you to protect our Dominica’, our governance and Government and respect for our Parliament. That is the decency and Respect we see in our Committed UWP Leader of the Opposition, Hon. LENNOX LINTON, a distinguished, Honourable, Trusted and Visionary Member of Parliament whose interest and hard work is for we the People of Dominica, in particular the Suffering, unemployed people where failed Skerrit has insulted them and their families with handouts destrubutedy all over to gain fame and loyalty. This behaviour is known as deceitfullness and Abusive and insulting poor Struggling people to gain fame and votes. Well failed incompetent Skerrit we are hoping that these poor people you created to beg at the decisive Red Clinic will be gone away from you and coloured Labour acolytes to have people receive Skerrit’s cash to buy loyalty and fame from our poor struggling families and people. Skerrit Get Out.
Our highest court of appeal has concurred that the original Magistrate was right in the first place and that the DLP have a criminal case to answer. Hard for some to take but this is the judgement of our court of preference, the CCJ, rather than the Privy Counsel. I rest my case!
For too long Dominicans have been suffering under the axe of those highly corrupt leaders.
Wish their punishment could just be a now for now imprisonment, which is what they truely deserve, but unfortunstely it isn’t..
RIP Antoine Defoe.
Well done Mervin and Edincot
Well done shining star Cara et al.
DNO, as a close associate of all the men, correction, three citizens of the commonwealth of dominica brought forth the treating claim, not 3 members of the uwp.
Have your journalist ever interviewed any of the 3 men?
ADMIN: We have not been able to interview them as of yet but it is a good idea we are willing to pursue.
Is there something wrong with the 3 citizens being members of the UWP?
Good Observations dissident, thanks much for your obvious Comments.
Here’s some advice M. Dissident. Our people has hi through enough of this failed incompetent Questionable inmature Labour government and its failed incompetent Questionable inmature Skerrit and his failed Labour Party Government.
There is no meaningful development taking place in our Dominica. All we see and hear from people like you is all about protecting be the hypocrisy of this failed incompetent Skerrit and his failed questionable Labour government. Our people out there needs jobs and decency that their children are able to be well educated and mature towards growth, education and loyalty. Skerrit is Not that competent to be the Leader/Prime Minister of our government and Country. It’s a big flamboyant, pappyshow Day by Day behaviour with no prospective Development Plans to elevate our people and our Dominica towards Opportunities, employment for our people. This commical failed Labour Govt must take a hike.