Dominican agronomist, environmentalist and social activist, Atherton “Athie” Martin, Former President of the Concerned Citizens Movement (CCM) Loftus Durand, and James Daisy have lost a recent court battle against former Chief of Police Daniel Carbon and Attorney General Levi Peter during a recent high court matter.
The matter was brought before the high court in Roseau in 2018 following protest actions which took place on Castle Street in Roseau organized by the CCM on Saturday, December 15, 2018. Riot police were called to disperse protesters at the event after the growing crowd blocked the road.
The meeting had been called to address the much-talked-about Electoral Reform. The CCM had been engaged in several activities to advocate for free and fair elections and good governance. The meeting was brought to an end sometime after 4:00 PM that day when members of the riot squad intervened.
According to information from the high court proceedings by High Court Judge Colin Williams, the three complainants, Martin, Durand and Daisy claimed that they were affected by the tear gas. The claimants jointly said that the police were unlawful, they suffered injury and loss as a consequence of the action of the police, and they are entitled to damages as a result of the action by the police.
The court information further stated that the defendants disagreed that the steps taken by the police were unreasonable or gave rise to any cause of action by the claimant. The information also indicated that before the CCM held the public meeting, there was no communication between the organisers and the police. However, the claimants contend that no permission was required to hold a meeting.
Daisy said that apart from being personally affected by the tear gas, one of the tear gas canisters damaged his vehicle’s windscreen. Meanwhile, State Attorney in the Chambers of the Attorney General, Jason Lawrence who was addressing a press briefing recently said that during the trial evidence was presented which included witness testimonies from both sides.
“At the trial, the claimant, Mr Loftus Durand, Atherton Martin and James Daisy were represented by Cara Shillingford and the defendants, the attorney general and the chief of police were represented by Miss Nadira Lando and myself…,” he explained. “In his judgement, the Honourable Justice Colin Williams stated that the purpose of Dominica’s public order is to make provisions for the preservation of public order on the occasion of public profession and meetings in public places.”
He continued, “The Honourable Justice Colin Williams found the CCM’s meeting was a pop procession under the Public Order Act and did require a permit which the CCM failed to request or obtain. As a result, Justice Williams found that the assembly was unlawful.”
In his judgement, Justice Williams said the claimants had failed to prove that they were entitled to any damages whether exemplary, aggravated or special, or costs, interest, or any other relief. He stated that their claim has failed entirely.
Lawrence added that the judge found that whether the use of tear gas was justified had to be evaluated considering all the surrounding factors.
“The Honourable Justice Colin Williams found that the police acted reasonably given the size of the crowd, the disruption to traffic and the agitation caused by Mr Atherton Martin’s call to block the road,” he remarked. “Justice Williams concluded that the police’s response was appropriate and was not excessive, because they acted reasonably as their interventions were based on escalating tensions and the need to prevent disorder.”
Moreover, he added that Justice Williams found that there was no breach of the constitutional rights of the claimants.
“As a result, the court dismissed the claimant’s case entirely and ordered the claimants to pay costs to the defendants,” Lawrence explained.
The claimants, Martin, Durand and Daisy were ordered to pay within twenty-one (21) days, one-third of the respondents’ costs. That is over $3000.
A full version of this case can be found on ecccourt.org . Loftus Durand v Attorney-General Of The Commonwealth Of Dominica
This is due to the intractable and systemic CORRUPTION in the country. The judicial and electoral systems in Dominica are irreparably corrupt.
Every man has his price. Everyone can be bribed once the inducement is large enough.
What do expect to happen when you take advice from idiots like Ibo,Hmmmm,Him,me,fake Putin,fake Lin Clown,fake Labour power and if we knew better.Just read the jack a comment,it is fools like that,that have UWP where it is today.In the pit toilet.
Not surprised. All the judges is the friends of the attorney general. that matter was dealt with LONG before it reach the court room.
Who advises these opposition elements? They haven’t won a single case.. That’s an abuse of their pockets and the legal system of the nature isle.
The court in the Caribbean is no longer an impartial arbiter of justice. This the reason many of these decisions in countries which still have the Privy Council as their final court of appeal are overturned.
“O judgment, thou art fled to brutish beasts and men have lost their reason!”
“i don’t like the result so the process is rigged” Is that you Mr. Trump ?… or Mr Bolsanero ?… or Ms Lapin.?.. or any rubbish coach in any sport? .. Would be funny if it wasn’t so sad …
@Calibishie Coward
You know well it’s not Mr Trump. Stop being a nuisance. Should he ask your permission to say what he feels? Stop walking on your brains.