The Court of Appeal of the Eastern Caribbean Supreme Court has ruled that former prime minister and current leader of the Opposition Labour Party in St. Kitts and Nevis, Dr. Denzil Douglas must vacate his seat in the National Assembly of that country with immediate effect because of his allegiance to Dominica by being a holder of a Dominican diplomatic passport. Douglas is the Parliamentary Representative for St. Christopher Six.
The court, in a judgment handed down today, March 12, 2020, declared that “Dr. Douglas, by reason of his becoming a person who, by virtue of his own act, is under an acknowledgement of allegiance, obedience or adherence to the Commonwealth of Dominica in breach of section 28(1)(a) of the Constitution [of Saint Kitts Nevis], is required, pursuant to section 31(3)(c) of the Constitution, to vacate his seat in the National Assembly.”
In the judgment handed down by Chief Justice, the Hon. Dame Janice M. Pereira, DBE, the Hon. Mde Gertel Thom, Justice of Appeal, and the Hon. Mr. Paul Webster, Justice of Appeal (Ag) in an appeal case between the Attorney General of St. Kitts and Nevis and Dr. Denzil Douglas, the learned judges made the following conclusion:
“The cumulative effect of my conclusions is that Dr. Douglas, by his application for, receipt and use of a Dominican diplomatic passport, placed him in clear breach of section 28(1)(a) of the Constitution. As a matter of law, the consequence in the terms of section 33(3)(c) follows. That consequence is that Dr. Douglas is required to vacate his seat in the National Assembly in Saint Christopher and Nevis,” stated the judgement.
“It is hereby declared that Dr. Douglas, by reason of his becoming a person who, by virtue of his own act, is under an acknowledgment of allegiance, obedience or adherence to the Commonwealth of Dominica in breach of section 28(1)(a) of the Constitution, is required, pursuant to section 31(3)(c) of the Constitution, to vacate his seat in the National Assembly,” the judgment added.
Each party is to bear their own cost before the ECSC of Appeal and the Lower Court.
On February 20, 2019, Resident High Court Judge His Lordship Justice Trevor Ward Q.C, ruled that Dr. Douglas was not under any acknowledgment of allegiance, obedience or adherence to a foreign power or state for holding a Dominican diplomatic passport.
The Government subsequently appealed the ruling of Justice Trevor Ward Q.C. The Eastern Caribbean Supreme Court of Appeal has upheld the appeal of the Attorney General of St. Kitts and Nevis.
Dr. Denzil Douglas admitted in a sworn affidavit filed in the High Court Registry on February 21, 2018, that he filled out an application form and was issued with a diplomatic passport of the Commonwealth of Dominica, which he has used to travel.
Attorney General of St. Kitts and Nevis, Honourable Vincent Byron, stated to the House on January 23, 2018, that Dr. Douglas was issued a diplomatic passport No: DP 0000462 by the Commonwealth of Dominica, which recorded him as being a citizen of the Commonwealth of Dominica. “This is borne out by a certificate of exhibits thus filed among the papers at the court,” he said.
The Attorney General acting on the advice of learned Senior Counsel, Douglas Mendes of Trinidad and Tobago, asked the High Court to declare that Dr. Douglas has vacated his seat in the National Assembly by holding a diplomatic passport of the Commonwealth of Dominica. The Constitutional Motion also sought an injunction to restrain Dr. Douglas from taking part in the proceedings of the National Assembly.
The full ECSC judgement is posted below.
You know what, I’m very surprised that not one single person in DA asks some questions here! That is why Skerrit is behaving the way he is because he knows nobody holds him accountable. Well, let me ask a few questions. Skerrit, what is the reason for you issuing one of our diplomatic passports to this man? What did Douglas do for our country that required him having a diplomatic passport? How much did Douglas pay Skerrit for this passport and where is that money?
This might be a very good time to revisit the Roosevelt Skerrit French Citizenship saga; in the process the so called judge who gave Tony the verdict he wanted that made him cry should recuse herself from the appeal case.
Roosevelt has been an illegal prime minister of Dominica for too long, and his case must be appealed!
I do not know if statute of limitation applies here, but in order that justice should take precedence over a bogus political ruling as what took place in Dominica regarding Skerrit claims that his mother got him French citizenship when he was a baby should be revisited.
And by the way it is not so difficult to find the truth, all one have to do is investigate the matter, by retaining a French citizen investigator to go through the records regarding the issuance of citizenship to foreign born babies; and when Roosevelt’s was issued.
That should be challenge without malice, but the truth is worth finding!
“On February 20, 2019, Resident High Court Judge His Lordship Justice Trevor Ward Q.C, ruled that Dr. Douglas was not under any acknowledgment of allegiance, obedience or adherence to a foreign power or state for holding a Dominican diplomatic passport. ”
You see, this man so called justice Trevor Ward QC (queens council) should be kicked off the judicial bench and given a scavengers job; because with a decision like that in the quote above is an indication that man decision was not based on any law as the current justices focused on to come to the conclusion that indeed Densil is a Dominican, by citizenship.
According to the constitution of both Dominica, and St. Kitts, Nevis the man indeed sworn allegiance, obedience or adherence to Dominica; there is no question about that!
In fact they were so crooked about it; in the Diplomatic passport, it claims that the St. Kitts born was also born in “Dominica.”
How can person born in two places at two different times?
Justice…
This judgement just further explains the bad state Dominica is in . Our justice system is like a cricket game with the same players, same umpires but the umpires decision is based on the venue the match is played at.
The game is the justice system. The players are the same Anthony Astaphan and Mr. Mendez. The umpires are the same Caribbean Court of appeals.When that same game was played in Dominica and Skerrit was batting with his french passport and Linton clean bowled him, Anthony Astaphan and the Caribbean court of appeals said it was a No ball although replay showed it was legal delivery. So Skerrit, Petter St. Jean and Astaphan said they won. Now that very same game,with the same players, this time in St. Kitts the umpires say Skerrit and Denzel Douglas lose. What a mess! What is right in Dominica is wrong in St. Kitts
“diplomatic passport No: DP 0000462” ! Am I the only one who caught this? How does a small country like Dominica issue 462 diplomatic passports??? Are there that many diplomats representing Dominica ? There aren’t even that many countries in the world.
There are 195 countries in the world; the United Nations recognizes 195 sovereign countries. So, whereas Dominica may have issued four hundred sixty-two, or have 462 diplomats, that would mean Roosevelt has assigned a matter of 2.4 diplomats to each of the 195 nations.
And since Dominica is among the 195 sovereign countries, that means Roosevelt also have two resident diplomats representing him the one man government in Dominica eh!
Hahahahahahahahahahahahahahaha!
The reality is in every sovereign nation on earth, we have two diplomats representing the poorest island nation in the world Dominica.
Look at it this way Dominica is a sovereign nation: do we have an American, French, British, Canadian or any such country ambassador residence in Dominica?
Anybody with a little bit of mathematical commonsense see a number such as 0000462, knows that the four zeros means the number will become a seven figure number, so by the time we get into the seventh number: (0,000,462)we’ll have…
Skerro and Mel you all next skerro French passport Mel American Dominicans read the facts
These Caribbean supposedly “leaders” today do not understand that they are crippling the political independence development of the Caribbean region. They have no respect for Constitution, Rule of Law, Good Governance, and Democracy, so sad for the Caribbean and the lack of eminent distinguished leaders! Yet, we the people tolerate it and keep voting for mediocrity and failed leadership! “Where there is no vision, the people perish: but he that keepeth the law, happy is he” (Proverbs 29:18, The Holy Bible).
Mr. Skerrit has a endearing affinity for controversy, unsavory characters and corruption. Thereelf is hardly a moment that he doesn’t find himself entangled in scandals that soil Dominica’s once good name.
Tanto tanto..scare it..
Mr Douglas figured he must be above the law. It must be a Dominican thing.
More to come he is the first,,,
Numbers 32:23 says this: “and be sure your sin will find you out.” Is that what happened to the Hon. Dame Janice M. Pereira, DBE, the Hon. Mde Gertel Thom, Justice of Appeal, Court of the Caribbean? Didn’t both the Hon. Dame Janice Pereira and the Hon. Gertel Thom had something to when Roosevelt Skerrit with a French passport allowed to remain in power? What about what is happening in Guyana today with their election? Didn’t CARICOM and the same appeal court had an opportunity to rule in our election last December 6, 2019? Have they taken a decision to rule in favor of Roosevelt Skerrit here but if the same thing happens in another CARICOM country they will seek to give them justice? So what is wrong in St. Kitts and Guyana is damn right and lawful for Skerrit? Something is wrong with us in Dominica boy. DNO PLEASE stop ignoring our voice by not modifying our blogs. DNO giving Skerrit a voice, giving the Chinese Ambassador a voice but you silencing us? That can’t be fair man
I see it was Tony Astaphan that won the original appeal that is now overturned by a higher court. Does this mean Roosevelt Skerrit became an illegal Prime Minister when he was a French citizen by his own doing.? The conditions are the same, not so? I believe Tony Astaphan was involved in that also but now he lost that case. Will he appeal to the CCJ. This is one in the eye for the gnome of the OECS and bad for Roosevelt Skerrit too. Has the tide turned? I hope the CCJ, where Lord Byron was in charge before he retired, will not tarnish themselves.
I am not a lawyer but I believe it is fair to conclude that the Appeal Court of the Caribbean found Dr. Denzil Douglas guilty of wrong doing, and as a result, he was ordered to vacate the national assembly seat forthwith! Well my mama always told me si pani soutiweh parni voleh, which in english means, if there are no assistance/ supporters their would be no thieves. So, is it fair to conclude that Prime Minister Roosevelt Skerrit assisted Denzil Douglas in this crime? Surely in a free country Skerrit himself would be forced to resign longtime but, Dominica Skerrit told us ‘is not a real country.”
I know the the courts of Dominica will continue to deny us justice but maybe it’s time to obey this passage: ” And from the days of John the Baptist until now the kingdom of heaven suffers violence, and the violent take it by force Matt. 11:12″.
That’s exactly what we need in Dominica. We cannot have Roosevelt Skerrit break every law , do as he pleases, his friends and associates are being jailed and found guilty and yet the man gets away as if there is no law for him. If our justice system keeps denying us justice then we need to ride up and do the right thing
The man coated in Teflon?
It was the SAME COURT who said UWP could NOT PREVENT Skerrit from contesting election.UWP paid SINGH over $300,000 to appeal the case,and LOST.When the court rule in UWP favour it is good,against UWP they say the JUDGES are Corrupt.
So much for Caribbean unity.
What a fall of grace! Just a reminder; everything is for a time and the world is a cycle.
What does that mean? St. Kitts election is in a few months and by the time this goes to the CCJ Dr. Douglas will be PM once again. Where do we go from here?
Justice has prevailed. This is another one of Skerrits shady deals. Skerrit is a liability to our country!
Skerrit is just simply making a fool of CARICOM, a fool of the Court of appeals and the Judiciary and a fool of black people