COMMENTARY: Gabriel Christian; Electoral reform and the casting of the law and facts in the Abyss

Astaphan, Christian

I read Gabriel Christian’s Commentary: Dominica in an Abyss with astonishmentif for no other reason he is an Attorney at Law, and not a back yard politician. I will not at this time deal with the CBI and alleged sales of diplomatic passports. ( See https://dominicanewsonline.com/news/homepage/news/general/monfareds-dominican-diplomatic-passport-revoked-in-2016-astaphan/ ), I wish however to respond to the allegations on electoral reform and the right to vote made by Christian.In my view, Christian descended into the foulest deception with these allegations.

 

Lie 1:  Gabriel wrote

What they fail to concede is that the sale of citizenship confers the right to vote on every one of those “cash and carry citizens” as if they were born Dominicans.  The Dominica Constitution as written does not provide for different categories of citizenship. Once one is a Dominica citizen the path to the polling booth is there.

Section 33 (2) (a) of the Constitution provides

‘Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Dominica as Parliament may prescribed shall, unless he is disqualified by Parliament from registration as a voter for the purpose of electing Representative, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be registered.’

The Constitution guarantees no automatic right to vote. Section 33 (2) (a) means that a person has no constitutional right to registered to vote, or vote, unless he or she meets and possesses such qualifications relating to residence or domicile in Dominica as is prescribed into law by Parliament.

Section 5 of the Registration of Electors provides

‘Subject to this Act and any written law imposing any disqualification for registration as an elector, a person is qualified to be registered as an elector for a polling district if he

(a)        is a citizen of the Commonwealth of Dominica; or

(b)        is a Commonwealth citizen who has resided in Dominica for a period of twelve months immediately before the qualifying date; and

(c)        is eighteen years of age or over; and

(d)        has resided in that polling district for a continuous period of at least three months immediately preceding the date of registration; …….’

It is therefore patently false for Gabriel to suggest that mere citizenship grants the right to vote. A Dominica must be resident  ‘‘… in that polling district for a continuous period of at least three months immediately preceding the date of registration. Consequently, not evenDominicans have the right to vote unless they meet the residency requirement under section 5. Gabriel Christian makes no mention of the condition precedent of residence.

 

Lie 2: Gabriel wrote

‘Indeed, word is that the regime is making arrangements to facilitate the voting in our elections of “cash and carry citizens” – the same way it has facilitated the importation of non-resident Dominicans to vote in the national elections. Our population is small. In our elections a few votes here or there can tip the balance.  It is in that context we can fully understand the refusal of the current regime to give a full accounting. Their refusal to account for the number of passports sold/citizenships conferred places our small nation in peril as never before!’

My first question is; what does ‘word is that..’ mean? It surely does not mean there is fact or evidence. Second, who or where did this ‘ word’ come from?   The third question is how will the Government facilitate this ‘importation of non-resident Dominicans to vote in the national elections.? Fourth, how will these ‘non-resident Dominicans’ qualify to be registered or get registered?  Unless Gabriel answers these questions, he is merely puffing the lies of Linton and Fontaine. Undaunted, Gabriel  goes on to compound his fiction with the charge the regime has not given  ‘a full accounting’  of the citizenship program. I have previously accused Gabriel of recklessly and dishonestly ignoring the following facts:

  1. Over the last several years the revenues from the economic citizenship program were disclosed in the Estimates at every Budget Address in the Parliament, and public accounts of the Government audited by the Director of Audit;
  2. In 2009 the Minister of Foreign Affairs disclosed and laid before the Parliament the names of all persons appointed as diplomats, Consuls or Ambassadors from the year 2000 to 2009;
  • In 2012 the Prime Minister disclosed and laid before the Parliament the names of all persons appointed as diplomats, Consuls or Ambassadors from the year 2004 to 2012;
  1. The undisputed fact that prior to the CBI the revenue under the ECP went into the Treasury for recurrent expenditure;
  2. The undisputed fact that the CBI is only a couple years old and that in the Budget Address of 2016 the Prime Minister specified the sums received and the areas in which the money from the CBI was spent ;
  3. The fact that all revenue received by the Government is reflected in the public accounts and audited by the Director of Audit and the fact that Linton is the Chairman of the Public Accounts Committee with oversight over these matters; and
  • The names of all persons granted citizenship have been published in the Gazette

 

Lie 3: Gabriel wrote

‘These figures ( voters on the lists) show that something is rotten in Dominica’s body politic. It would suggest the voters roll is bloated, includes those like Lazarus and other dead people, or is made up in great part of persons resident in the Diaspora who have not resided in Dominica –some for decades. The regime has done nothing to sanitize the voters list as to leave it in its current deformed state is the perfect vehicle to steal elections.

The Electoral Commission has repeatedly state that the names of deceased persons are removed on notification from the Registry. It would therefore be great for Gabriel to give the names of the  deceased who are still on the voters list. He may even go on to give us the names of those deceased who  Linton alleged voted in the last election. Gabriel also condemns the existence of the names of persons on the list who are in the Diaspora for decades. He mentioned no name.  But what he refuses to state is that our High Court and Court of Appeal have said repeatedly that persons, even those overseas, cannot lawfully be removed from the list without due process and the protection of the law. They have also held that it is incumbent on political parties to object to names on the voters list. The law provides the right of objection. It would therefore be unlawful if the ‘regime’ sought to interfere in a process vested by law in the hands of public officers and the Electoral Commission. In short, the ‘regime’ has no lawful right to interfere or remove names from the list.

 

Lie 4:Gabriel wrote

‘Coupled with such callous disregard for democratic norms, the Skerrit led regime on Dominica is insidiously plotting new repressive legislation. Such legislation is aimed at herding our population into a prison of submission to its will by the new legislation is planning to introduce. . (the Public Order Act)”

Really?  Gabriel has not even seen the draft, yet he responds with this sensualist rubbish. And he has done so well knowing that every civilized democratic country has a Riot Act and Public Order Act. Why? To protect the  peace and national security of the State.

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52 Comments

  1. "No Respector of Persons"
    January 29, 2017

    Tony your time will come………………………………………………………………………………………………………………………………………………

  2. OPEN LETTER TO SC ANTHONY ASTAPHAN
    January 27, 2017

    As Dr. Kincaid Mawish recently pointed out in this newspaper, it seems that Mr. Monfarad was a convicted felon who had served time in prison in Iran prior to getting his passport from us and a diplomatic licence.

    His jail time and many misdees are listed in this Iranian article here (use Google Translate to read it: http://saten.ir/126746/%D8%A2%D9%86%DA%86%D9%87-%D8%A7%D8%B2-%D8%B9%D9%84%DB%8C%D8%B1%D8%B6%D8%A7-%D8%B2%DB%8C%D8%A8%D8%A7-%D9%85%D9%86%D9%81%D8%B1%D8%AF-%D9%86%D9%85%DB%8C-%D8%AF%D8%A7%D9%86%DB%8C%D8%AF%D8%9B-%D8%A7%D8%B2/

    AS A RESULT IT SEEMS THAT OUR OWN PM, DR. SKERRIT MAY WELL BE FACING ARREST AND IMPRISONMENT FOR AIDING AND ABETTING THIS CRIMINAL TO FLEE JUSTICE.

    This is a complete disgrace for the Skerrit administration as this happening proves that the due diligence process for the CBI program is A JOKE.

    Dr. Skerrit must RESIGN NOW for bringing this disgrace upon the people of Dominica.

    • Man bites Dog
      January 30, 2017

      @ open letter above, Why you don’t get your facts right and while you at it get yourself some education stupid Hog.

  3. mine
    January 27, 2017

    Why can’t gabriel be honest with the DASS look at youself in the mirror you bash some and hiding others.

  4. Danziger
    January 27, 2017

    You all love yr leader we love our PM, toute moun amay moun yo

  5. Observer12
    January 27, 2017

    Its really appalling that a supposed man of the law like Mr. Astaphan is trying to justify the unjustifiable by hiding behind cryptic legal jargon in the local constitution.

    How can we justify allowing hundreds, if not thousands of Dominicans to return to Dominica only at election time to change the course of the election and then return to their lives oversees, leaving Dominicans who actually reside in Dominica who remain behind to deal with the results/consequences. How can Mr. Astaphan try to justify that this is right? This is so unfair and unbelievable, and certainly not democratic!

    Election reform is absolutely critical in Dominica and needs to be put in place before the next election if we want to continue to call Dominica a democratic country.

    • Observer12
      January 27, 2017

      And if the present government believes that their current position in power is fair and the will of the local people, then they should be unafraid of election reform. In fact they should embrace it as it can put to rest any denial of their legitimacy.

    • forreal
      January 28, 2017

      it is a practical thought that you have put forward,but there are two sides to a coin,my questrion to you is,how do you deny dominicans who of a fact reside abroad but are not citizens of that country and are still in alligence to the flag of dominica,don’t you think you are taking away their rights to vote in their country of birth??and mind you,you nor the government supports their families they do,so in fact what you are saying is,the families they have left behind,are not in the kitchen to facing the heat to?you people like saul,having eyes on one side of you all heads,and here is the internal fact,even if dominicans do not come in to cast their votes,the UWP after noticing and counting the wide margins will never win,these races are never close ones,thinking about it!! and do not tell me that all the dominicans that come in to vote,only vote labour,that is impossible,voting is a right sir or madam whoever you are,people died to make voting happen for all.

  6. Observing
    January 27, 2017

    If I were a government official; I would be really embarrassed to see that it is only a non-elected member that is intelligent enough to talk on issues confronting my government as if he alone that went to school and I was educated in the jungle somewhere in Guyana.

    • Arte El Labore
      January 27, 2017

      @ Observing, You should get back under the rock and stay there because you are sell by date.

  7. Hmmm
    January 27, 2017

    Still agree with Gabe. Tony’s quoting of section 33.2 of the Constitution shows that there is no distinction between a natural born Dominican and a “cash and carry” Dominican. The path to the polling booth is based on citizenship first and domicile next.

  8. TRUMP TO OBAMA
    January 27, 2017

    We would like Tony Astaphan to publish a copy of his birth certificate on DNO and all the local newspapers

  9. 4progress
    January 27, 2017

    Tony, your counter argument is a clear indication that a public inquiry into Electoral Reform is required. A Dominican passport “Diplomatic” or otherwise confers voting rights on the holder of such. Consequently the CBI program and more importantly the product ie, the passport is inextricably linked to elections. the CBI program is clearly in disrepute with a number of individuals found wanting with shady past.

    – If it was UWP would you sit on the fence and say nothing
    – Should we all just accept that it just a mishap/misfortune
    – Should we just all accept the the DLP/Tony knows best, that no questions should be asked
    – Do you thing you can fool the people all the time
    – Tony, you have already nailed your body to the mast/DLP, why should expect the truth from you.

  10. Tjebe fort
    January 27, 2017

    Senior Council in troubled waters now. He nailed his flag to the mast of a floundering ship in a storm and now he is rowing with a teaspoon to reach dry land. He knows that if Skerrit goes so, does his own lucrative passport selling agency, Caribben Citizenship Inc. of Hibiscus Ridge. Keep on rowing Tony, keep on rowing my boy.

  11. bee
    January 27, 2017

    All of you telling Tony stop. How can he when he getting a slice of the pie?

  12. Wilkins
    January 27, 2017

    They wouldn’t like Tony because he knows too much. That is what you call a sensible person. Tony, GOD WILL BLESS YOU for stopping them Blue Devils in their tracks.

    • Irvin
      January 27, 2017

      Are you serious? So Wilkins, you mean to tell me with all the uncertainty about the CBI programs; the number of arrests made of holders of Dominican passport; the amount of money made from the program but is not seen on the ground; the amount of money agents are banking; these are of no concern to you, none at all; Am I really living in a fool’s paradise? Are you one of the benefiting agents? Because, if you are not and you are so supportive of a program that you don’t benefit from- you are really living like a fool trapped in paradise.

  13. Real recognize Real
    January 27, 2017

    In time to come
    Dominicans will vote over the internet
    In time to come
    Dominicans will not know who vote in there government
    In time to come
    We will be worst than Venezuela

    Tony will run bk America
    Skerrit will hide in N. Korea
    I myself might go Antigua
    In time to come

    • Amarossa
      January 27, 2017

      LMAO!
      Now you make de song stick in my head….lol

  14. Marcus Hill
    January 27, 2017

    “I will not at this time deal with the CBI and alleged sales of diplomatic passports.” Tony Astaphan.

    Clearly, you would like the issue of Ambassador Monfared to go away like a bad dream. It is an embarassment to you!!

  15. Kincaid Mawish, JD
    January 27, 2017

    Monfared has not been convicted by a court of any crime. He is innocent until PROVEN guilty. It is truly dishonorable for Dominicans to desert their fellow citizen who has gotten into trouble.

    WHAT WE ALL SHOULD BE DOING IS LOOKING TO SEE HOW WE CAN HELP MONFARED and to to kicking him whilst he is down.

    Our PM is totally wrong to desert this man in his time of need. This puts a very dark shadow upon Dominica’s integrity as a country.

    • Gyaldem
      January 27, 2017

      Help Monfared?!

      Are you for real? A multi-billionaire don’t need help from a person like me that not even earning $3,000.00 before taxes.
      :twisted: :twisted: :twisted:

    • %
      January 27, 2017

      When you have your buffoonery to blogg, why not use the word “i”…Don’t you know that “we” is including me in your garbage?

  16. January 27, 2017

    Why has Anthony W. Astaphan become so adamant and vigilant in responding to every single article or commentary that mentions passports? Is it because he believes that this hotbed issue might very well be the tip of the spear in removing this corrupt Government of the Commonwealth of Dominica from power? Is Astaphan fully aware that this Government has exhausted it’s excuses for its secret Diplomats that keep falling into the hands of Law Enforcement Agencies? Revocations of diplomatic passports and claims that these incidences are merely coincidental simply does not work anymore. The people are demanding the resignation of Skerrit and his entire Cabinet. Tony wants to push buttons believing that he will be able to stand aside and watch as Black and Kalinago Police Officers slaughter their own in defense of his puppet Prime Minister. It will not happen! The people’s voices will be heard..

  17. Tj
    January 26, 2017

    Tony has appointed himself as the minister without portfolio in the Skeritt administration.

  18. binsley
    January 26, 2017

    tell gabriel, shut down

  19. John Paul
    January 26, 2017

    Tony You can only juggle words for so long .We know the history of Charles Angelo Savarin The Man who inhabits the White House that the Chinese built!
    We know how He stood against Patrick John for a 120% increase for Civil Servants ! We know how He stood against the SIPA Sunday Island Port Authority which was supposed to be a duty free zone at the Cabritts.
    Now We are observing His silence as Skeritt gives away 14 acres of the same Cabritts Park land with His Signature authorizing it and along with enough citizenship for sale to construct the Kempinski Hotel that We have no idea who the Owners will be.
    We observe that He remains silent while Skeritt puts a wage freeze on Civil Servants.That Same Charlo the Ayatollah while Minister of Labour called for a boycott on a business for political reasons.
    as time passes for those of us who remember history Roosevelt Skeritt is causing the hypocrisy of Charlo to be revealed with great clarity.
    The rope has come to an end!

  20. Polls Archive
    January 26, 2017

    Hey! Tony…Look at how you tie up yourself….”must be resident for twelve months”…

    So that means all those Dominicans that overseas for nanay nought years should be disqualified from the electors list….

    • binsley
      January 26, 2017

      so what hector and lennox be doing in the us all the time just vacationing or rounding up their diaspora votes, tell me, or next election evening be by reagan on gunhill tp hear them

      • Polls Archive
        January 27, 2017

        Oh so it good for Skerrit to do, but you don’t want Lennox and Hector to do?

        Do so never like so!

    • Righteous
      January 27, 2017

      “Gabriel also condemns the existence of the names of persons on the list who are in the Diaspora for decades. But what he refuses to state is that our High Court and Court of Appeal have said repeatedly that persons, even those overseas, cannot lawfully be removed from the list without due process and the protection of the law. They have also held that it is incumbent on political parties to object to names on the voters list. The law provides the right of objection. It would therefore be unlawful if the ‘regime’ sought to interfere in a process vested by law in the hands of public officers and the Electoral Commission.”

    • life is sweet
      January 27, 2017

      there is also a requirement to return within a specific time frame tony just dealt with the area where Gabriel lied

  21. Real!!!!!
    January 26, 2017

    Anthony no one wants to hear you we want to hear our elected officials.

    A person at your resident want to hear you bc someone else is singing sweet song in their ears.

    You are done at HOME you are done HERE!!!!!

  22. EnfantDiable
    January 26, 2017

    Excellent rebuttal Learned Senior Counsel! You must maintain THIS high level of discourse in dealing with Gabu, Josh Shaw, Clayton and the DASS Diaporans. Abate the mephuis! Awaiting Gabriel’s and Clayton’s reasoned and factual further input.

    • viewsexpressed
      January 27, 2017

      Astaphan, the fact that DNO is the only forum where a debate of this level is held , through rebuttal means that we Dominicans smell a rat and you the author of this lengthy BS is in no doubt aware of these devious acts in this diplomatic passport saga going on now for years and being surfaced by Dominica’s patriotic Dominicans, Honourables: Gabriel, Linton, Spags John & Thompson Fontaine. On your side Tony we smell a big rat, meaning you going this extent, many responses that appears not to work & the more these Jackasses write, the higher monkey climbs the more they expose their dirty, lying, devious, corrupt Assets. Keep it coming, keep on climbing that high tree, that the higher you guys can climb y9u can`t hide. You see Skerrit now disappear to Greece, well this is a very slippery slope and Skerrit cannot hide for long. Also, with all those false so called DLP/Skerrit supporters, one day the truth will visit you and you will realise the magnitude of passport Bobol. Thanks UWP

  23. KID ON THE BLOCK
    January 26, 2017

    Gabriel Christian is a failure!

    • Kincaid Mawish, JD
      January 27, 2017

      Sadly, Gabriel is just bored back in the USA and seems to be a hired shill for the one and only Master of Sucked Salt himself, the Hon. LL.

      If my learned friend was so concerned about Dominica, he should come to live here and then spout out as much as he can. However, spouting out from a distance is easily seen through as a pointless and spiteful exercised undercoated with malice against Dominican residents.

      Gabriel should not be allowed special exposure on DNO for the purpose of trashing Dominica passports, its CBI program and for calling our country’s leader a crook. This disrespects Dominica and all Dominicans.

      Cease and desist my friend, you bring your occupation into further disrepute by prosecuting this charade.

      • jonathan st jean
        January 27, 2017

        Which part of the Constitution of Dominica has a clause to substantiate your demand that Gabriel as a citizen of Dominica live in the country to express his views on matters pertaining to the country.Sounds like an empty barrel is making noise

    • How can you fictitious like a dog with no name say a man who is a lawyer, practicing law in America is a failure! Who the hell are you?

      You like are dog wagging your tail all over DNO site talking nonsense, hiding behind a fictitious names like: tell the truth, Tell the facts, truth be told; and all sort of crap: What is your educational background? For all we know you might be cleaning dog feces for a living.

      I will bet you do not know Gabriel, why are you so damn ignorant; what make you think the man is a failure! A law degree is not easy to obtained in America, you have to be more than just damn smart to finish. How many so called lawyers you know in Dominica who can simply come here and pass the Barr, to get a license to practice law here. Send or bring your best, and lets see what happen.

      I know people from the West Indies, from Guyana to Jamaica who have tried and failed. One of them from Guyana had to settle to be a furniture salesman.

      So, why don’t you just shut…

      • Kincaid Mawish, JD
        January 28, 2017

        Wow! The truth offends!

        Sadly, I do have an earned law degree from a prestigious US school and unlike you, do not have to resort to insults to make my point.

        On the other hand, you Sir, have a reputation on this site for being a an old codger of dubious parentage who is notorious for insulting anyone putting forward a contrary view.

        Furthermore, it seems that the person you purport to be, Francisco Etienne-Dods Telemaque, passed away some time ago in a homeless shelter. Sir, stop this charade, be a man and true to your parents, even if they gave you an illegitimate birth and allow everyone to have their view even though you may not like it.

        For your information, Sir, my parental roots are Dominican in nature and as a result, I feel that it is my right to comment on a Dominica portal, such as this one, in the same way that you can.

        If you do not like that, I suggest, you suck quite a lot of salt :).

        Now, I bid you good day Sir.

    • Academic
      January 27, 2017

      Bro, focus on the message. NOT the messenger! Labourites are like SAUL (The Flat Fish). Two eyes on one side!

      • Me
        January 28, 2017

        Got your message but please don’t insult the poor fish . It is called a sole.

    • viewsexpressed
      January 27, 2017

      Well done Gabrielle, well done. YOU are a patriot and thanks for informing us.
      Kids will always be kids and don’t grow up because rather than reading and searching for the truth, they hang about all day on the block.

      God Bless

  24. Vex
    January 26, 2017

    Tony go hide your face in the sand. Stop defending corruption

    • Man bites Dogs
      January 27, 2017

      @ Vex, It is Gorillas like you that is defending corruption the Workers party are all skipnathinicks liers and ugly one could always tell their mothers did not kiss them at birth :twisted: :twisted:

  25. You hear lies and more lies
    January 26, 2017

    Anthony, your excerpts lacks credibility because from your continuous contradictions it says one thing… you seem always to be economical with the truth.

    • John Paul
      January 26, 2017

      What substance is this Guy on ?

  26. John Jay
    January 26, 2017

    Tony stop what you doing to the nation, it’s not right even though you run you have relatives behind with me also. Look at the bigger picture ANTHONY ASTAPHANS

  27. John Jay
    January 26, 2017

    Tony stop what you doing to the nation, it’s not right even though you run you have relatives begin with me also. Look at the bigger picture ANTHONY ASTAPHANS

  28. %
    January 26, 2017

    Tony I consider Dr Gabriel Christian a great patriot,an extremely bright and forthright citizen,an independent patriot with supreme love for Dominica,and he speaks truthfully,and speaks his mind…..He outmatches you in ALL the areas above..Re those buying our passport voting here on island,I think the Dominican citizens will be the judge…I LOVE GABRIEL CHRISTIAN.He overshadows you!!!.He is a patriot!!!

  29. Rachel
    January 26, 2017

    Cacador astaphan why must you speak for stereo is he moo moo

  30. Elephan
    January 26, 2017

    How much did Astaphan pay for advertising his ignorance this time?

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