The matter involving the Indian fugitive, Mehul Choksi has taken yet another twist in the court as an injunction has been filed by the attorneys representing the 62-year-old diamantaire.
The matter which was adjourned to July 6, 2021, for trial was adjourned yet again as the lawyers for Choksi informed the court that he is still a patient at the Dominica China Friendship Hospital (DCFH) for over one month.
One of his attorneys, Zena Moore Dyer, unlike previous occasions did not produce a medical certificate to the court as she stated that he is not discharged and asked that this be sufficient reason for his absence.
In the process of granting an adjournment in the matter, Magistrate Candia Carrette-Goerge was made aware by another of Choksi’s attorney Gina Dyer-Munro that an application was filed in the High court for judicial review in the matter and she —Chief Magistrate Carrette-George—, the acting Chief of Police, Lincoln Corbette, the investigating police officer, Alleyne Maximea and the Minister of National Security Rayburn Blackmoore were respondents in the matter.
Immediately, lead counsel for the police in the matter, Lennox Lawrence, objected to her revelation.
According to him, the attorney ought not to address the court in the absence of her client as he labelled it as “improper”.
He referenced an alleged video circulating of Mr Choksi on social media which his attorneys objected to.
Magistrate Carrette-George thanked Dyer-Munro for making her aware of the application and adjourned the trial of Choksi to August 27, 2021.
She said the matter can be heard before another Magistrate if Choksi is discharged from the hospital as the trial has not commenced.
As it relates to the ten page application filed in the High court, Choksi’s attorneys are seeking among other things to have the criminal charge of illegal entry “quashed” for breach of section 27A of the Immigration and Passport Act.
They are also seeking judicial review for the decision of Minister Blackmoore to declare Choksi a prohibited immigrant in a letter dated May 25, 2021, pursuant to section 5(1)(f) of the Immigration and Passport Act.
Through their application, the attorneys are also asking the court to grant a permanent order staying the criminal charge brought against the Applicant [Choksi] for breach of section 27A of the Immigration and Passport Act and that the Chief Magistrate be prohibited “whether by herself or by or through any Magistrate within the jurisdiction of Magistrate’s District “E” or otherwise from hearing, adjudicating or otherwise exercising any magisterial functions with respect to the criminal complaint against the Applicant.”
The lawyers are also seeking a declaration from the court that the decision of the Chief of Police and investigating officer to charge Choksi is “an abuse of the process of the court and or a violation of the rule of law and is accordingly unlawful, null and void and of no effect.”
According to the documents filed, the decision by Corbette and Maximea was not the product of their own independent judgments and or “they allowed themselves to be dictated to by third parties, namely representatives of the Indian Government, and is accordingly unlawful, null, and void and of no effect.”
They are also asking the court for an order declaring that the decision of the Minister of National Security (Rayburn Blackmoore) was taken in “breach of the principles of natural justice and is accordingly null and void and of no effect.”
Dyer and Dyer are further seeking an Order of certiorari (Certiorari is the means by which a higher court orders a lower court to deliver to it a case record for review of the lower court’s decision.) quashing the said decision of Minister Blackmoore.
The attorneys have also requested through their application that the applicant be awarded cost, damages, including exemplary and/or aggravated and /or vindicatory damages, and such further orders as may be necessary or appropriate to give effect to the relief claimed by the Applicant.
Another bail application has also been filed.
TRUTH,you and the other UWP supporters are convinced CHOKSI was kidnapped.That is what the court has to determine,whether CHOKSI was kidnapped or not.My opinion is not kidnapped as UWP is making out to be,so,you are asking Elizabeth BS questions.CHOKSI and his supporters are.
Try rewriting or rephrasing as your comment made absolutely no sense.
Give it a rest Reggie! We all had a skin full of your nonsense. The temperatures in the dschungles have fried your brains.
And may I ask why are tax payers money is being used to hire Lenox Lawrance as a lawyer for the state when they the magistrate is there to pass the Judgement nedeed. What is really the interest of the Government other than to save their tail.
Exactly right. There is much more to this than meets the eye, and Skerrit is behind it all.
Lol
…it looks like Dca has become Uncle Mehul’ adopted home thanks to Dr Dr. Punjab Skerro and the manicou gang posing as police. With all these powerful lawyers filing one motion or injunction after another, Uncle Mehul should have no fear because he will be with us in Dca for the next 5 years guaranteed. Might as well move his family from Antigua.
If he is lucky Dr. Dr. Punjab Skerro might rent him the palace at Morne Daniel at a reduced cost as soon he moves out as promised. The Chinese has already fortified it so at least he will not be kidnapped or even worse be dealt with by foreign entities like they did to Moise in Haiti. I have to see Uncle Mehul making his Christmas shopping by Astaphans in December 2035. Remember I said so
The Passport Act is very interest. From reading it certain sections inform that a large number of them Spanish should be considered undesirables. Section 5(1) (e) http://www.dominica.gov.dm/laws/chapters/chap18-01.pdf
the dislikes are from their customers..
This all sounds from the legal team of Mehul Choski, that they are fighting for him as if he is a down-to-earth born Dominican and the laws of Dominica are all against him–I don’t get it!
That man is a disgusting criminal, running away from those against whom he committed his crimes–which are the people of his homeland, India.
Everything about the way he entered the shores of our Dominica is wrong–kidnap, abduction, against his own will–why are this man’s lawyers acting as if Dominica is responsible for this man’s miserable situation?
Why are they dragging his trial in court? Why is it that everything that the law of Dominica decides is wrong to them? If they want to protect their client from his criminal escapade, why have they chosen Dominica as their place to do so?
For crying out loud! WHY IS THIS MAN IN DOMINICA denying illegal entry; who invited him?
elizabethlxavier the questions that you should be asking yourself if you were an honest and law abiding citizen who is interested in Justice are: Who kidnapped Chokei? Who brought him to Dominica? Who tipped the Dominica Commissioner of police? Why did Dominica not just deport him back to Antigua as an Antiguan citizen kidnapped from Antigua? Let Antigua send him to India to face his charges there where he is not yet found guilty of anything yet. Our system assumes innocent until proven guilty but you seem to make Choksi guilty until proven innocent! You are a dangerous person and have no sense of law and justice. Please go and educate yourself on such matters.
@elizavethlxavier, where is your humanity? Everyone is presumed innocent until proven guilty. Get that into your cranium.
Why is Choksi fighting so hard to avoid returning to India? He is wanted in India for bank fraud of close to 2 billion dollars yet the UWP and their supporters treat him like the victim. Where was the sympathy for Monfared when he was returned to Iran via the Dominican Republic? Why should Choksi continue to take advantage of the resources of the state as he implements his grand scheme to avoid justice in india. What is going on appears to be a plan to intimidate and frustrate the legal process.
My brother that has nothing to do with us. Left you you would put him in jail for India right away. The man has rights and his issues in India has nothing to do with us. You want one man and his entire team of international lawyers to sue the pants off of Dominica? already is only sliders we are left with these days. Monfared wasnt kidnapped beaten tortured and smuggled into Dominica. He was invited here and housed by the PM.
why should the word proper be debatable and open for interpretation when there is prescribed law and direction. That man who you have vilified has not yet seen his day in court and if you have done any research even if on yourtube, you would know that he himself and his attorney have been in contact with the Indian government even if he has remained in Antigua. Just not lest you be judged yourself. what would you say if he was set free and cleared of all charges in India? would you still be so heated about what other people say he is or could be? relax yourself Elizabeth. If you say you are a person of God stop acting like the mob that persecuted Jesus. Im not saying Choksi is Jesus, but you are sure acting like the mob. let the man go through the PROPER procedures. Already his presence here and acceptance by the police force to hold him in custody without any PROPER customs procedure or PROPER repatriation practices. Why not just send him back to antigua like how they do other people.
Pray, Lennox Lawrence Esq. what would be your definition of proper?
Let’s not forget, that Mr. Choksi’s inhuman treatments are for “illegal entry into Dominica.” So, Haitians and other illegals making similar entry should be given the same treatment. This corruption by this people is as clear as a double daylight. Still, Dominicans are not waking up or getting out of this satanic ruled, demon anointed, Lucifer dirty money lovers and say enough is enough. These are people who don’t give a f…,,k about our country! I’m embarrassed, ashamed and angry at what my beloved country has become. Tick tok tick tok. Their end is fast approaching. Tic tok. We will have a National Holiday on the date we drive this satanic bunch out of office. Tic tok
Continued…/2
The court farce continues. Prosecution lawyers, plus their high-priced foreign legal practitioners, throwing up one obstacle after another to a swift and just resolution. And, sadly, it does begin to appear that the judicial system is fully engaged in thwarting prompt and standard treatment of this situation. I cannot blame the defense team for opposing this with every legal maneuver they can.
What needs to be done is that both sides be brought together to mediate a swift way out of this sordid mess. Time for the government/prosecution to concede that “the plan”, cooked up some time ago by two parties that continue to claim innocence, is simply not going to happen. Send the man back to his country of convenient citizenship, where due and transparent legal process can be followed with laws that already exist.
By no means am I claiming that the man is innocent. Just that this is not the way to go about bringing him to justice. And Dominica will suffer as a…
When is this farce going to end? Dominican authorities are treating this alleged illegal entrant as no other illegal entrant has ever been treated in Dominica. For others, maybe one or two days in jail, a swift hearing before a magistrate, followed by a prompt and appropriate decision with attendant punishment: monetary fine and then, only if unable to pay, incarceration for a few months.
Not with this man. Why not? Well, looking at this with foreign eyes, it can only be because a cooked-up scheme between two people to circumvent due process of law in another island went badly awry on the shores of Dominica. They got caught with their hands in the cookie jar, as it were. Compounding this – clear evidence of mistreatment and efforts to circumvent legal process (habeus corpus), hide the man until he can be spirited away by chartered aircraft. A plan that also fell apart because the people, media and responsible legal practitioners found out.
Continued…/2
India, corrupt Dominica and Antigua…Your plans have backfired!!! Even King Liar Skerrit, knows that!!!
Hahaha it just goes on and on……he will not be leaving here anytime soon.
It is also been alleged that he is looking to hire large speaker boxes, and catering staff.
The thinking being ,that he can simply play some music, give a few codfish bakes, hotdogs,etc….
The authorities will then change their minds, think he’s a great fella, and he could be walking free and clear in shopping in Roseau.
MONEY TALKS ALL THE TIME
True, it causes greedy leaders to embroil themselves in all kinds of comess.
Of course, and lawyers don’t work for nothing either.
What an almighty mess this turns out to be. Dominica’s reputation in the international community has finally suffered irreparable damage. ALL of it is down to one person by the name of Skerrit. How much longer can our country afford to have this man at the helm?
You know Dominica rendition of Common-law seems different, and difficult to interpret; the caption talks about an Injunction; however, after reading everything that followed the legal term; I found nothing that pertains to the term “injunction.”
Here is an example of the legal term “injunction:”
An injunction might be obtained to prevent a copyright infringer from reprinting copyrighted materials; in some matter where there are frequently mutual restraining orders requiring both parties to leave another alone.
A court order which restrains one of the parties to a suit in equity from doing or permitting others who are under his control to do an act which is unjust to the other party.
As for Lennox Lawrence argument, I don’t think his argument is based on law; well maybe such argument might hold in a Kangaroo court; because in all courts internationally, lawyers do represent their client in their absents; even if it is for a limited amount of time and depending on…
I Really do not understand what is Going on. If he entered illegally why is he the only one in custody? Where are the boat crew and boats involved.? Where is his passport?
The next step is to her the same boat to pick him up and drop him off Where he came from. Court adjourned.
Waste of time and money.
Boy look commess. You want commess, well look commess. An illegal entry charge? AHWA!! That’s a charge of high crimes and misdemeanor
Recently, Dr. King Liar Skerrit declared that Dominica’s hands are clean.
Very soon Choksi’s bus is going to crash with those crooked passengers: Blackmoore, Corbette, Maximea, Candia Carrette, Lawrence… and the Driver, King Liar Skerrit.
What a huge accident !! The Scotland Yard Police will soon be investigating that crash for foul play…
Thanks to DNO for following this news item.. Emo don’t!
EMO is not news. its a blog site news is about facts not what you feel!
Obviously you don’t read. Whether Emonews is a blogsite it does have facts. On another note, I doubt you can recognize facts if it hit you in the face.
Allu will make Skerrit …. his pants. Well done. They should also ask the government judge caramel loving Bernie to recuse herself from the matter.
Good!. Keep the pressure on the unethical authorities who want to tarnish the good name of Dominica in persuit of their illegal schemes. Return Choksi to Antigua and let Gaston Browne and the Indians resolve their matters.
The Skerrit-DLP led concoction of rogues, reprobate, renegades, shadowy figures, suspicious characters and mongooses is unimaginably and demonically dark and evil.
Mr. Choksi is under 24 hours guard by the C DBF (Commonwealth of Dominica Banditry Force). A surreptitious video was made of Mr. Choski well ‘doctored’ apparently moving about in his hospital room. This said video was plastered all over social media and referenced by a government attorney in court with the unmistakable intention to mislead and do maximum harm to Mr. Choksi.
Dominicans, it’s Mr. Choksi today and one of us tomorrow. This is alarmingly frightening to see operatives of a government stooping to this level ,another low.
When will this corruption and undermining of the judiciary stop? The Dominica court is being used as a burgeoning ram to bankrupt, tarnish, destroy and exile people from society by a diabolical and most reprehensible rogue administration. When will Dominicans wake up?
ADMIN: We wanted you to know that you are required to provide evidence to support certain claims.
Specifically, if you believe the video to be “doctored” provide the evidence or substantial basis for your statement. Normally, unsubstantiated claims are simply deleted.
DNO examine the video carefully. It’s one clip/frame that was replayed many times to give the appearance that Mr. Choksi was walking about and on his feet for a very lengthy period of time. The intention is to make Mr. Choksi seems like a perfectly healthy individual and he is just pretending to be unwell.
Take a very, very close look at the video again.
ADMIN: We have looked at the video, and while its possible you are correct about the editing and intent behind it, that’s not the same as being doctored or fake. If you meant that it was conveniently edited to give an impression then please make that clear.
We support the idea that people are entitled to their own opinions – but not their own facts. To directly state (not state as a possibility or to ask as a question) that the video is doctored is to make a factual claim – that suggests its fake. You need to substantiate such claims with evidence or sources to ensure your comment is published.
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Link to times now video of Choksi