ECSC refuses ‘stay of execution’ in presidential court matter

court2The Eastern Caribbean Supreme Court of Appeal (ECSC) has refused an application by the government of Dominica for a “stay of execution” in the matter concerning the proper election of the president of Dominica.

The government of Dominica had filed an application for a stay of execution dated February 22, 2013 after High Court Judge,  Justice Lionel Jones ruled that the case brought by the Opposition United Workers Party (UWP), challenging the process by which Eluid Williams was elected President of Dominica, should proceed to trial.

However, Senior Counsel,  Allick Lawrence, who represents the Prime Minister, House Speaker and Attorney General in the matter, made an application after Justice Jones’ ruling, for leave to appeal and this was granted.

But Justice of Appeal Davidson Baptiste, in an order dated May 21, 2013, has refused that application.

Chief Justice Dame Janice Pereira had issued an Order dated May 3, 2013 and the Appellants (the government) had not filed the submissions in accordance with that Order.

Justice of Appeal Baptiste ruled that “the Court being of the opinion that the appellants have not satisfied the requirements for the grant of a stay; it is hereby ordered that the application for a stay of execution of the directions of the Judge dated February 22, 2013 is refused.”

He made no order as to costs.

Below is the court order issued by Justice Baptiste.

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48 Comments

  1. WOW
    May 29, 2013

    I am shocked by what i am reading. Some comentators do not understand that simple judgement and are talking about victory and lost.

    OMG- it’s a MINOR thing.

    the case is still moving on to the court of Appeal.

    A stay of execution for not providing submissions just means that the Appellants didn’t file what was needed to prove why they wanted the Stay.

    it doesn’t mean anything more or less than that.

    No victor when Dominica is on the losing end, where Dominicans are fighting Dominicans, where the crab in a barrel mentality reigns supremo.

    • Papa Dom
      May 30, 2013

      I applaud you for trying to explain the situation and bring some level of sanity to this. However, I take objection to your comment about Dominicans fighting Dominicans. What would you like to see? Everyone remaining silent while those you pay homage to, plunder the resources of the country and engage in sorts of illegality in the process?

  2. Anonymous
    May 29, 2013

    This is such a poorly written article. For the less law savvy readers DNO could at least attempt to explain what the decision means for the President and the Dominican public!

  3. Don't Edit
    May 28, 2013

    Dominica is a damn shame, I dont care which politician in power, I didn’t put any of them there. I just wish intelligent Dominicans would see through all the rubbish, the only problem is a vote can be bought. So for a few dollars or material things one can guarantee nothing he or she does can put them out of power.

  4. truth offends
    May 28, 2013

    Boy I afraid! You mean to tell me a judge in Dominica stood up to Skerrit! Two things:
    1. Maybe it was so straight forward that you would have to pay someone to blind you.

    2. Judge Baptist might be on his way out so he got a don’t care attitude.

    Exo. 3:7-8 And the Lord said, I have surely seen the affliction of my people which are in Egypt, and have heard their cry by reason of their taskmasters; for I know their sorrows;
    And I am come down to deliver them out of the hand of the Egyptians, and to bring them up out of that land…
    May these words comfort the hearts of my people

    • sadique
      May 29, 2013

      Justice of Apppeal Baptiste is on his way out?
      You got some scope of another big International Job or an CCJ appointment for him or what?
      Surely this Young Jurist is far from retirement.
      Maybe you are making a fatal error by confusing him with Sar Brio who could be his father lololol! Brio just retired and is light years older than Baptiste J.A.

      Truth offends please get your facts correct and keep your eyes posted on the regional media and you will be pleasantly shocked.

  5. i dreaming
    May 28, 2013

    workers win yeahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

    lets us celibrate now.

    • smh
      May 29, 2013

      all u will win outside and never come in power lolol

  6. ahahahahaha
    May 28, 2013

    A bold and powerful decision by an impartial and very intelligent and competent Judge Baptiste. It is time for us to celebrate something. WE cannot always lose. When is the big Roso meeting UWP. Wednesday is May 29th 2013. workers don’t sllep. When skerro dem win is big party . we not dog you know. Spaggs call Eddo.

  7. kimmy T
    May 28, 2013

    Waw so the ruling by the highly favored and respected Justice of appeal Davidson Baptiste for the opposition means that the Court system is now working properly ??? I see ! Only when all you win its good. One thing I know is that this appeal judge Baptiste is known in the region to be very solid and fully cognizant of the law and its application .

  8. bynoe Vi's
    May 28, 2013

    A brilliant, impartial and Solid Judge Baptiste

    • Anonymous
      May 29, 2013

      From the time he had ruled in favour of the Speaker back in 2008, I saw he was a solid, impartial judge. Now bring on the dislikes Lol!

  9. Da in the Overs
    May 28, 2013

    Another victory for the UWP….. So this brief judgment by Justice of Appeal Baptiste may well be signs of the fall of this government or Am I too optimistic ?

  10. aksy
    May 28, 2013

    You got to come really good to convince that Court of Appeal Judge Baptiste.

    Labour lawyers listen to Bobb and get back to the draw board or wheel and come again. At the trial we expect Tony to be better prepared and so to Baptiste and the others ( if he is on panel ).

  11. not easy
    May 28, 2013

    Justice Baptiste is one of the few remaining Independent minded senior justices around. He is doubtlessly a Man of little words but a fountain of deep intellect and sound judgments. Definitely he is one of the judicial treasures of Dominica.

    It will be of interest to see this matter in trial. But the Pm might all dissolve the house to make a mockery of the court’s decision. This however may not even be a preamble to any future outcome.

  12. Jolly
    May 28, 2013

    Good news so far…oh my please don’t test that Attorney Gildeon Richards who is on that case on the Opposition side….

    Richards is a reader and understands law…

    Maybe if the UWP had him as their local attorney here in the dual citizenship case, he would have done the homework according to how the legal system works..by getting info from the french authorities as they have a freedom of information law…but that’s history…

    see the today’s dominica…everything illegal..

    Takes a first world country like France to tell Dominicans they must follow rules and regulations, by blacklisting them.

    See…if civics was part of the today’s dominica syllabus at learning institutions, dominica would command respect, but alas da pretty much is a headache..

  13. one stone
    May 28, 2013

    WHAT…….someone said no to the PM…….well maybe democrocey and the rule of law is not dead it was just in a coma.hip hip hooooray :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

  14. GREAT
    May 28, 2013

    This means that Justice of Appeal Davidson Baptiste is of the view that the matter must go to trial. A clear victory for the opposition UWP but DBS said nothing about this matter.

    • Anonymous
      May 28, 2013

      There you go again, jumping to conclusions! It means no such thing. The matter of whether the claim of Hector John against the PM Speaker and AG should be struck out now rests with the Court of Appeal.

      • f f f f f f f
        May 28, 2013

        what are you saying ?

        mister kno allll

        shot up

  15. A Voice
    May 28, 2013

    All that fighting over a useless office that costing the tax payers so much money in more ways than one…

    Not one president in office has done anything tangible for Dominica. But tax money to pay their expenses and salaries, to pay for their protection, they even get million dollar mansion that poor people have to pay for, now tax money still have to spend to justify their appointment to the office too… and Dominicans all you saying things are hard?

    Sometimes I think we are our own worst enemies in that little paradise GOD give us there…

    • ko=k
      May 28, 2013

      yu RED VEX because all you lose this one…..shame on you.

      • A Voice
        May 28, 2013

        But wait a minute!

        Do you know the old saying that ‘it is better to be thought of a fool than to…’

        Here is some of what I posted;

        Not one president in office has done anything tangible for Dominica. But tax money to pay their expenses and salaries, to pay for their protection, they even get million dollar mansion that poor people have to pay for, now tax money still have to spend to justify their appointment to the office too”

        And you took that to mean that I supporting one party or the other?

        My fellow Dominican, if I RED or BLUE vex it is for Dominica, not for no political party whether in office or opposition run by incompetent corrupted politricktians.

        Read properly the next time before you point your BLUE finger and come across as…

    • John Paul
      May 28, 2013

      Twenty Seven Million My Friend and to add insult to injury the Government only employed a couple Dominicans after the Opposition cried FOUL!Dominican workers did not benefit from the construction of this edifice!Shame Shame Shame! I heard some of the cronies talking about an executive President and who might that be and how would that come about ? You would have to change the Constitution and of course Skeritt would want to be the Little Chavez in the Palace built by China!

  16. Pure Word
    May 28, 2013

    Unless The Lord builds the house they labour in vain who build!

  17. Lougaoo Mem
    May 28, 2013

    This is a government ready and able to do everything and anything to prevent the wheels of justice to turn in the right direction, whenever they are challenged in court. Time will tell eh!

    • John Paul
      May 28, 2013

      Delay Tactics! Justice delayed is Justice Denied!

  18. Afraid
    May 28, 2013

    More bad news Mr. Skerrit. It seems that your glory days are nearing the end. How long, not long.

  19. Again
    May 28, 2013

    Anything else?

  20. %
    May 28, 2013

    One thing I can give the UWP credit for, is the manner in which it has safeguarded the supreme law of the land “The Constitution”. As a former labour party stalwart, traversing Dominica on Labour Party campaigns and Motorcade for years,(under Mike, Roosie, Pierro and up till 2004), I have never seen or heard of a party that has keep so close a scrutiny on the dictates of the constitution.
    JOB WELL DONE GENTLEMEN!
    You all are very well versed on what is contained in this little book.
    Well in this country one day CANNOT PASS, for some of the mess and filth that the cabal has had Dominica in, not to spew out in public.
    SUCH A LAZY, GREEDY AND INCOMPETENT BUNCH OF CLOWNS!
    If he was illegally installed, he should go! PERIOD!

    • Anonymous
      May 28, 2013

      To labour in vain is one thing but to salivate over a non-event is another. You guys do not understand what the significance, of the court’s refusal to grant the stay of the defendants having to comply with the judge’s directions, is.
      The matter of whether to strike out the claimant’s action against the PM, Speaker and AG is still before the Court of appeal.

      • %
        May 28, 2013

        Wish the case goes to court, and he is thrown out very far indeed. He had the right to refuse the appointment.
        LET’S OBEY THE CONSTITUTION!

  21. Bwa kWAIEB
    May 28, 2013

    About time they started doing things right for this country!

  22. Anonymous
    May 28, 2013

    isee

  23. wow
    May 28, 2013

    WOW

  24. JustGivingMyTwoCents
    May 28, 2013

    Our court systems work – No submissions were filed – Stay denied!!!

    Simple legal workings.

  25. Anonymous
    May 28, 2013

    DNO what are news items where you must constantly ask so what does that mean? It is not good enough to bring accurate information on relevant happenings ..some attempt should also be made to address the obvious question raised by the information. Nobody is asking you to editorialize but at least answer the basic immediate questions.
    Like for this story the most basic question is: So what does the refusal of the stay of execution likely mean for the parties involved?

    • Are you for real?
      May 29, 2013

      It means that the original order stands ..whatever the first judge decide is the decision until the Court of Appeal says otherwise.

      they wanted to put a stop on the results pending the outcome of the appeal.

      in the original order, the deciding judge gave directiosn as to what should happen.

      the appeallants/ govt did not like that and asked the appeal court to stop whatever decision the lower court decided, until the appeal is heard by the court of appeal. IF a stay was granted, then the directins of the lower court would not be enforced until the final deciison of the court of appeal.

      however, for failing to provide submissions – i am assumign written explanation as to why the court of appeal should “freeze” the decision of the lower court, the court of appeal had no choice but to deny the request for the stay.

      So in reality.. the orders of the lower court stand…. but the govt is still moving forward with the appeal.

      • Anonymous
        May 29, 2013

        thanks much….but what was they decision of the lower court that the government wanted stayed?

  26. Anonymous
    May 28, 2013

    And the drama continues

  27. Anonymous
    May 28, 2013

    I could care less, How that putting food on my table?

    • Papa Dom
      May 29, 2013

      There is none so blind as he who will not see. Give a man an inch he’ll take a mile. Go figure

  28. K. Anselm
    May 28, 2013

    great…wow

  29. mimi
    May 28, 2013

    and this means what exactly????????????

    • Are you for real?
      May 29, 2013

      It just means that the original decision stands… that what ever was Ordered in the lower courts goes forward.

      In reality noone won or lost anything- it just says that the govt lawyers failed to prepare – they didn’t make written submissions (provide documents to say why the original decision should be set aside pending the Appeal)

  30. I'm Just Saying
    May 28, 2013

    8-O 8-O Wow!…So what happens now??? 8-O 8-O

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