‘Petitioners lost but the people won’ – Linton on CCJ ruling; ‘no election without electoral reform,’ he insists

CCJ Headquarters

Dominica’s parliamentary opposition leader, Lennox Linton, has reacted to the decision of the Caribbean Court of Justice (CCJ), to strike out the United Workers Party (UWP) petitions challenging the election results in ten constituencies. According to Linton, although the petitioners lost, the taints of Dominica’s last general election were exposed.

The UWP’s third attempt to adjudicate claims that Dominica’s 2019 General Election was invalid, ended in another defeat for the party at the apex court for the region.

The Trinidad and Tobago-based CCJ dismissed an application filed by members of the party for special leave to appeal against the decision of the Court of Appeal of the Eastern Caribbean Supreme Court in the case of Cuffy and Others v Skerrit and Others.

In its ruling on July 6, 2022, the CCJ agreed with the Court of Appeal that the Petitioners had no right to appeal the decision of the High Court judge to strike out their petitions.

In a statement following the judgment, the opposition leader said the ruling is an indication that the judicial system is ill-equipped to deal with violations of the constitutional rule of law provisions for the electoral process that is supposed to guarantee free and fair elections.

In their ruling, the CCJ justices said the critical issue before them was whether the Court of Appeal rightly declined jurisdiction to review the decision of a trial judge who had dismissed the 10 election petitions.

It was the view of the Court of Appeal, that under the Constitution, ss 40(6) and (7), there was no such right, because the decision of the High Court judge, which terminated the case, was not a final decision.

“And the CCJ agreed, even though the strikeout of the pleadings altogether deprived the petitioners entirely of the constitutional right to a fair trial by an independent and impartial tribunal, which, according to the CCJ, gave the appeal court separate grounds for jurisdiction to hear the appeal, but no problem, so no remedy,” Linton said.

He further posited that the CCJ in their ruling said that the claims in the petition, if true, were troubling and it hoped that the relevant authorities would seriously reflect on the claims of illegalities and irregularities that tainted the 2019 election and consider steps to improve the elections machinery so that as far as possible, such claims will not arise in the future.

“The petitioners came to court to establish the truth of their claims. The court dismissed them in violation of their constitutional right to a fair trial by an independent and impartial tribunal within a reasonable time. But no problem, so no remedy,” Linton stated.

He continued, “Then the CCJ tells us efforts by the citizenry in good faith, to call attention to perceived deficiencies in the electoral process should not be discouraged as such efforts conduce to a healthy democracy. In other words, the petitioners did exactly what the CCJ is encouraging the people of Dominica to do.”

“So the petitioners lost, but you know what, the people won,” Linton declared. “The people whose electoral process has been tainted, and whose elections have been stolen with illegalities and irregularities over the past two decades, won a major victory in this very same defeat of the 2019 election petitions indeed.”

In the final thoughts of the CCJ on the matter, the court noted, “In conclusion, these appeals have been dismissed on the basis of want of jurisdiction, because there was no final decision or order made by the judge for the purposes of ss 40 (6) and (7) of the Dominica Constitution. However, there remain areas of grave concern about how the process of these elections was conducted. Future elections in Dominica ought not to proceed with these or similar taints.”

According to Linton, this is a clear signal from the court to the people of Dominica, that there should be no more general elections in Dominica without electoral reform.

“Taints are corrupted influences. When something is tainted, it is defiled, it is corrupted, it is adulterated, it is defective. It is not fit for purpose and the Caribbean Court of Justice is saying future elections in Dominica are not to proceed with these are similar taints, meaning the corrupting influences that have impacted elections in Dominica,” he said.

Linton stated that the decision of the CCJ conclusively prevented any further inquiry into unlawful conduct by the election authorities that could have gone to the route of free and fair elections in Dominica.

He however urged the citizenry, “If the apex court of the Caribbean is saying to you, future elections in Dominica ought not to proceed with the taints that have impacted the process, as they were able to see it in these election petitions, if they [are] saying that there may have been unlawful conduct by-election authorities that went to the route of free and fair election, it is up to the people of Dominica to decide now. There will not be another election in this country without the reforms of the process that have been promised and on which we have received numerous recommendations through the years.”

Attorney-at-law Zahidha James who was one of the lawyers representing the Petitioners described the ruling as “very positive” for Dominicans.

“We did lose the aspect of our application to go back to the High court to get a full trial but what we won instead, is some for our safeguard which we did not have before for our democracy in Dominica.”

She stated that the Petitioners were successful in their quest to receive an acknowledgment from the court that the elections in Dominica were “very bad” and rendered the election a “sham.”

“But what I got from the decision, which I felt was very important and very moving and something we have to not let go of, is clear words that we can never again go to an election in Dominica, with the taint of what happened in our last election,” she asserted.

“They [the judges] referred to our elections as tainted and they made that unequivocal statement. In my opinion, this suggests that we, in Dominica, have an illegitimate government governing us at this moment in time. Because if this government was elected on a tainted election, to the point that the CCJ had to specifically say that we never do that, again, we do not have a properly elected government in Dominica, that is a fundamental issue that we cannot lose sight of.”

James added that the Petitioners did not lose the case on the merits of their argument but insisted that the court’s hands were tied given Dominica’s constitution.

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41 Comments

  1. Beta
    July 19, 2022

    My only question, where is Lord Byron and dare I ask the $500,000??? Or was it just another: one for you and one for me?

  2. Jonathan Y St Jean
    July 12, 2022

    I recall Francine Baron saying prior to the 2019 election that elections in Dominca are fair and they have always been conducted in the same free and fair manner so she saw no need for electoral reform. I hope she realizes that we know that her father isn’t proud of her for being so entrenched in the corruption happening in Dominca because Frank Baron criticized what he saw happening. Francine’s name was mentioned in connection with Madweke so she is an integral part of the road of horror that Dominca is racing down. Well Francine needs to study the judgement of the CCJ and go to confession

    Well-loved. Like or Dislike: Thumb up 4 Thumb down 0
  3. Lin clown
    July 9, 2022

    These senseless UWP remind me of a guy with a rum shop.Every morning 10 guys would go to the shop.Each of them would buy $1 rum.One day a guy went to the shop and told the rum shop owner give every one of the guys a drink.The 10 guys took a Kubuli beer each.The owner walk up to the one buying the beers and said ” doe buy beer for them fellas is rum they drinking” When the beers were finished Mr buyer bought another round of 10 beers.The owner again went to the buyer and said”I tell you doe buy beer for them fellas”The buyer turned to the owner and said”You are the biggest AHOLE I have seen,your stupidity has no limits,when are you going to understand the more beers you sell is the more money you make?10 rum at $1 is $10.10 beers at $5 is $50.These guys would never spend $100 on rum.Commonsense is so common yet very few UWP supporters has it.The UWP petition was pure gabbage and so it was dumped in the gabbage pail.UWP does not have the support of the PEOPLE.

    Hot debate. What do you think? Thumb up 4 Thumb down 12
    • Man bite dogs
      July 11, 2022

      I Likeky 🤣🤣🤣🤣😂😂😂😂 the bar must have been ugly Lenny!!!!

  4. Lin clown
    July 9, 2022

    If the minority is called the people by UWP how do they call the majority?UWP should try to find out why they lost 1,163 votes in the 2019 election.All the election observers said the election was free and fair and reflected the will of the people.The people mean the majority.The CCJ said it was foolish to appeal the ruling of Judge Glasgow.Everything UWP touch always end up in the gabbage pail.Except for a small nuance the Judge agreed,this nonsensical petition brought by the lying and corrupt UWP should be put in the gabbage.Every election in Dominica is conducted according to law.The UWP petition was thrown in the LABASS,who ever want to,can burst a blood vessel.

    Hot debate. What do you think? Thumb up 3 Thumb down 12
  5. Jonathan Y St Jean
    July 9, 2022

    The DLP supporters who post on this and other internet sites are conscience dead. They have lost all sense of shame and honor. They refuse to look up the meaning of the word “tainted” which the CCJ used to describe the election process in Dominca. They refuse to acknowledge that it means contaminated. Instead they try to spin the outcome of the recent court decision into a win for them. Their party is the one which contaminated the institutions in the country to include the electoral commission, the police, the courts all departments of government to win at all costs. Their moto is “just win baby”.
    When Lennox repeats that it’s the people who have to do something about the contaminated state of affairs, Jonathan asks, “where is the leadership?” Leadership can’t be only about pointing out the problems but leading the effort with strategies to end the corruption and the people will follow. Athie is providing leadership. Rosie provided leadership also.

    Well-loved. Like or Dislike: Thumb up 22 Thumb down 8
    • Ibo France
      July 9, 2022

      Mr. St Jean, it is impossible to associate the supporters of the DLP, and its nakedly corrupt, uncouth, and untutored leader with reasonableness, logic, truth or the use of common sense.

      These people have inescapably handcuffed themselves to blindness, stubbornness, foolishness and masochism. They are a rarest breed of people for all the wrong reasons.

      Even if you get a chisel and a hammer to try to pound common sense into their heads, this effort would be to no avail.

      Hot debate. What do you think? Thumb up 7 Thumb down 4
      • Jonathan Y St Jean
        July 11, 2022

        @lbo France, you are preaching to the choir about the enabling propensity of labourites. I also hold out hope that there are things which the opposition can try which will get some red supporters to come over to it’s side. Optimists don’t dwell in the universe of never and I’m an optimist. Just look that Trump almost succeeded in thwarting the electoral process in America. Yes he failed but he tried something. The GOP got the abortion law overturned. Sadam Hussain was removed from power and I can go on. Somethings which look impossible can become possible even if it means going back to the drawing board over again. UWP leadership needs to lead or get out of the way.

    • Neverson St jean
      July 9, 2022

      Johnny u can take a horse to the river but u can’t make it drink

      • Jonathan Y St Jean
        July 11, 2022

        @Neverson St Jean, I don’t quite follow your response. Effective leadership finds a way to make them drink. I don’t subscribe to the fatalist mentality that the horse will never drink the water. For goodness sake where are the strategies to coax the horse to drinking. In Grenada the people eventually drank water, Athie didn’t sit back and say the horse won’t drink water, he found a strategic plan to bring people out to send a message to the cabal even if the police tried to foul the effort. So for Lennox to surrender that the horse won’t drink then we need new leadership which will reach into it’s bag of tricks. The GOP reached into it’s bag of tricks and got abortion law overturned. It suggests that to the UWP doesn’t have thinkers and strategists and I’m not buying that. Just saying that it’s the people who have to change things is not going to get anything done unless the leadership leads the people. That’s all I want to see happen.

  6. Me
    July 9, 2022

    A Pyrrhic victory by the ruling would-be king and he knows it. The writing is on the wall, Daniel 5.25.

    Well-loved. Like or Dislike: Thumb up 21 Thumb down 4
  7. July 8, 2022

    Lawyer for the UWP Zahida James said that the judges acknowledged that the election in Dominica was tainted and was a sham. Was there a second decision or is this lawyer just lieing to cover up her incompetence?

    Hot debate. What do you think? Thumb up 4 Thumb down 16
    • Dominican
      July 10, 2022

      She may not be the most eloquent lawyer but these are the comments and observations made by the CCJ and a clear indictment of our current government’s handling of elections. Ms. James’ level of competence is totally irrelevant in this.o

  8. Man bite dogs
    July 8, 2022

    Ugly Lenny, it’s time to grow up or move on this political thing is too big for you to handle for a start you cannot control your wicked temper, secondly you have no love for country and its people but yourself, and third but not least you are a calamity loser, making a fool of yourself and that so-called Jokers Party you trying to run is a Disgrace and that is putting it mildly!!!

    Hot debate. What do you think? Thumb up 5 Thumb down 29
  9. KID ON THE BLOCK
    July 8, 2022

    Linton, No shadow of a doubt, YOU are definitely a TAINTED ONE. You possess all the tainted qualities of your argument. Take a sit for a moment and reflect. 38 petitions, all being dumped. You are a loser. Privy Council, CCJ, High Court, Low Court, Elections, Jobs , High School, just name it. You loose!

    Hot debate. What do you think? Thumb up 4 Thumb down 30
    • Ibo France
      July 9, 2022

      You and Dog Biter are academic twins.
      *take a SIT – take a SEAT
      *you LOOSE. – you LOSE

      Stop casting aspersions on the erudite, well-spoken Mr. Lennox Linton, the legitimate prime minister of Dominica, and take your seat in a kindergarten class in one of the many primary schools. Drag along your twin brother, Dog Catcher, with you.

      Well-loved. Like or Dislike: Thumb up 9 Thumb down 4
  10. July 8, 2022

    I have long agued that this recalcitrant DLP administration continues “to make a mockery of the Law and have the Law protect them same time”; let me sound a note of caution to these nincompoops and their “mouton batallie” im.be.cile, supporters that it is a fundamental right of a people so affected to demand and receive electoral reform like the rest of our Caribbean neighbors, and if the Courts won’t protect that right then it is in the hands of the persons so affected to to seek that fundamental right and change to our electoral laws by “whatever means necessary and as history from time immemorial has proved it does not take the majority of the populace to do so. According to the Dr Dr goggle that idiots :lol: :lol:

    Well-loved. Like or Dislike: Thumb up 23 Thumb down 7
    • Bwa-Banday
      July 9, 2022

      @Ole P, yes sir that’s a mouth full without coming up for air :mrgreen: :mrgreen: :mrgreen: ! Man if that’s the way you do “other things” them you still have a long way to go before bedroom-retirement :mrgreen: :mrgreen:

      Anyway, very well said! I rest my case.

      Hot debate. What do you think? Thumb up 5 Thumb down 3
  11. Lin clown
    July 8, 2022

    The worse thing that can happen to anybody is to have their case dismissed.It is an embarrassment for UWP.Dismissing a case mean it lack credibility it is foolish of no merit and should be thrown in the gabbage bin.The 2019 election observers who monitored the election said it was free and fair and reflected the Will of the PEOPLE.UWP did not agree and went to court,they lost.Every election in Dominica is conducted according to law.The constitution makes no provision for electoral reform,therefore elector reform is at the discretion of parliament.

    Hot debate. What do you think? Thumb up 7 Thumb down 39
  12. Ibo France
    July 8, 2022

    I most often support Mr. Lennox Linton’s pronouncements because they are usually thoughtful, honest and commonsensical. In this instance, to say that the people won is simply putting the best possible spin on a bad outcome.

    Locally, and throughout the Caribbean, the courts do not rule in favour of the plaintiffs when cases concerning election fraud are brought before them no matter how legitimate and convincing the evidence.

    I fervently repeat, the people collectively have to protest en masse without ceasing to get rid of the corrupt electoral system that has Roosevelt and his castrated ministers illegally occupying the apex seat of power in government.

    Truth is like vinegar, it does not bring you too many friends.

    Well-loved. Like or Dislike: Thumb up 17 Thumb down 7
  13. Bwa-Banday
    July 8, 2022

    In order for Skerwooe to go, we must all take the position/ attitude:

    “Immediate freedom from the DLP, or Death!”…. Dca is ours so let us get it on. I am ready to hit the streets, towns, villages, hamlets, jungles like yesterday.

    So I am awaiting the call from UWP, DPSU, APP, Freedom, Unity Party, Pappyites, NJAM, CCM, Moon-Serwuyea (?) etc. May I also suggest that its HIGH TIME that UWP take the lead and call out its membership to the streets in sustained protest action by any means necessary (to quote Hon. Dr. Blessings) until that cabal parading as government falls. UWP is the officially recognized opposition party so Lennox, Baptiste and others must lead this sustained protest action. Also, the famous Z (New York), Gabo (US), Lyndon (US) Labour Girl (NY), Francisco Telemacque (US) and the BIG Mouth Trucker(US) from Lapointe calling Matt daily should pack their bags if possible(?) and come join us. Time for change..

    “Immediate freedom from the DLP, or Death!”

    Well-loved. Like or Dislike: Thumb up 15 Thumb down 6
    • Just Saying!!!!!
      July 10, 2022

      SHAME on you BWa. HARD STICK. Are you calling for an unrest a COUP. Words have power men. Dominica is doing well without all these disturbances. You mentioned DEATH are you serious ole boy. DOMINICA is a DEMOCEACY let the people elect who they want. BWA you are dangerous. It reminded me of the days if Newton for today I can still see his Dead body lying out there. Try to bring peace. Be a Desmond TuTu….Go by yourself to the streets. We barely recovering from Maria…….

  14. DAFriend
    July 8, 2022

    Very well stated, Mr. Linton. We need answer from Skerrit now in regards to the monies paid to Byron to deliver something on electoral reform. I don’t know I have that strange feeling we won’t see the money again nor the ‘recommendations’. Another one of those famous smoke screens! This country is so infested with corruption now that I ask myself if we are able to ever turn the corner.

    Well-loved. Like or Dislike: Thumb up 26 Thumb down 9
    • Man bite dogs
      July 8, 2022

      DAFriend, you are soooo right I could not agree with you more this country is infested with corruption ugly Lenny, and people like you, how about that doesn’t that sound much better?

      Hot debate. What do you think? Thumb up 3 Thumb down 29
      • DAFriend
        July 9, 2022

        Is that your best shot? Poor sausage! Do come again.

        Well-loved. Like or Dislike: Thumb up 12 Thumb down 4
        • Ibo France
          July 11, 2022

          @DaFriend

          I like that response. This guy, Dog Foolery, is as ignorant as a box of gravel stones. I understand at his elderly age, he still has trouble to put his shoe on the correct foot.

          Well-loved. Like or Dislike: Thumb up 5 Thumb down 0
    • Bwa-Banday
      July 9, 2022

      Very well said but when is the politically recognized UWP going call out its masses and lead the sustained protest? STOP hiding behind Athie’s weekly matches and Q95 microphones and hit the government with protests day and night non stop!

      Open Suggestion:
      1. Marigot to Possie (Group 1)
      2. Possie to Bawi (Group 2)
      3. Macousheri to Mahaut (Group 3)
      4. Les Pointe to Soufrière (Group 4)
      5. The Valley constituency (Group 5)
      6. Bellevue to Pte.Savanne and environs (Group 6)
      7. Delecies to Tarish C/Bruce Tarish Pit (Group 7)
      8. C/Bruce Tarish Pit to Marigot (Group 8)
      9. Pond Casse to Harten Garden through Belles (Group 9)

      Night and day shifts of protest or match action demanding that the CABAL go MUST succeed. Vision my people, vision. This planned action cannot fail if properly coordinated. They must take place simultaneously with each group having an “assigned” leader. All you need is a hand full to start and others will join in. So let’s get it on asap.

      Well-loved. Like or Dislike: Thumb up 17 Thumb down 4
      • Ibo France
        July 9, 2022

        @Bwa-Banday

        You have made some valid points , no doubt. However, Dominicans repeatedly have made this error. They rely on politicians too much to do all the heavy lifting into to get much needed changes.

        To rid the country of Roosevelt and his Cabinet of lapdogs, it has to originate from within civil society with solid activism and advocacy.

        Roosevelt controls all the assets and resources of the state. This alone makes him a formidable figure. To dislodge him from illegally swatting in the apex position of government, it will take the determined and collective efforts of the populace.

        The question is simply this – Are the people of Dominica willing to make the personal sacrifices to rid the country of its demonically possessed representative who presently sits in the OPM?

        The parliamentary opposition doesn’t have the wherewithal to d this all by themselves.

        Hot debate. What do you think? Thumb up 5 Thumb down 4
      • Just Saying!!!!!
        July 10, 2022

        Crap BWA and you will feed their children and pay their salary during these matches. GET SOME MORE BWA

  15. Observer
    July 8, 2022

    Skerrit and his labour government should be ashamed of themselves. :twisted:

    Well-loved. Like or Dislike: Thumb up 28 Thumb down 16
    • July 8, 2022

      The very same people who won, according to Lennox Linton, will be the ones voting The Supreme Leader, Roosevelt Skerrit, back into power. Lennox Linton ought to be ashamed of himself. Lennox needs to give it up.

      Hot debate. What do you think? Thumb up 6 Thumb down 35
    • July 10, 2022

      Shame is an alien concept to mr. Skerrit.

  16. Real Possie
    July 8, 2022

    Whatever happened to the Report of former CCJ President Sir Dennis Byron which he was paid $500K by Skerrit to produce…???

    Well-loved. Like or Dislike: Thumb up 35 Thumb down 4
    • Robert
      July 8, 2022

      Money gone… report gone!

      Well-loved. Like or Dislike: Thumb up 19 Thumb down 4
  17. Ibo France
    July 7, 2022

    The people will only win when lying Roosevelt, his devastatingly unqualified wife, and his spineless enablers are exterminated from the political landscape of Dominica.

    It is useless to look to the lawyers, magistrates, judges, the CCJ, the politicians to rid the country of this public menace. Only the collectively strength, will and determination of the citizens will accomplish this Herculean feat.

    The overly corrupt, egotistical reprobate, who illegally occupies the OPM, will not go voluntarily. Only the collective, concerted and sustained efforts of an united people can uproot him and his minions from political power.

    Don’t try to put any lipstick or powder on this one, Mr. Linton. It was a sad day for the country.

    However, the country did not lose. The only how a man loses a fight if when knocked to the ground he stays there and doesn’t get back his feet to fight again.

    Hot debate. What do you think? Thumb up 18 Thumb down 18
    • July 12, 2022

      You cannot have it both ways, brother. Take a hike. You and your cohorts were born to lose. I make it very simple and succinct. No time to elaborate. A word to the wise is sufficient. Why don’t you start another radiothon to raise money for your high school drop out’s defense for his next case?

  18. Man bite dogs
    July 7, 2022

    Ugly Lenny, said” no election without electoral reform ” Old man who the hell you think you’re trying to fool, man suck my lollipop and feel good for once in your life you hear!!

    Hot debate. What do you think? Thumb up 10 Thumb down 44
    • Observer
      July 8, 2022

      All you try to do is pull down Lennox to justify you and your government’s corruptions and wrongdoings. But who God bless no man Curse.

      Well-loved. Like or Dislike: Thumb up 30 Thumb down 12
      • Man bite dogs
        July 8, 2022

        @Observer,
        Whenever I want a dam good laugh all I have to do is to read and listen to all the crap you lots nasty blue boom-boom flies write on this forum and sings on Q95 radio 😂😂😂😂.

        Hot debate. What do you think? Thumb up 6 Thumb down 31
    • Bobby
      July 8, 2022

      Yet again we are subjected to your eternal ‘wisdom’. You are a prime example of a very sick person of he ilk of BoJo and uncle Donald. A total moral void!

      Well-loved. Like or Dislike: Thumb up 27 Thumb down 3

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