Appeal in Presidential nomination matter today

The High Court in Roseau
The High Court in Roseau

Lawyers representing the government, in a matter challenging the nomination and election of Eluid Williams as president of Dominica, are to appeal a judge’s decision in court today.

Last Friday Justice Justice Lionel Jones ruled the matter should be proceed to trial, dismissing the government’s petition to have it dropped.

Senior Counsel, Tony Astaphan, said that despite his greatest respect for Justice Jones, his team is dissatisfied with the judgement. He said the preparation for filing the appeal on Monday started just after the Jones’ ruling on Friday after leave was granted to have it filed.

Astaphan pointed out that the ruling essentially meant that Jones has the jurisdiction to hear the case under merits but according to him, this was not the argument his team presented.

“Our argument was that in view of the structure of the Constitution, the various house clause … among many other things including separation of powers and immunities and powers of the parliament … and while he may have had jurisdiction he ought not to have exercised his jurisdiction because section 22.5 particularly said the certificate  (produced by the Speaker of the House certifying the election of Williams as President of Dominica) shall not be questioned by any court of law,” he said.

Astaphan said he is happy the judge granted leave to appeal because this means the judge is satisfied that there may be questions from his judgement that need to be determined by the Court of Appeal. “Alternatively the judge may well have taken the position that these are issues of great public importance to be determined by the court of appeal,” he said.

The opposition United Workers Party had taken the matter to court arguing that the nomination and election of President Williams were “unconstitutional.”

Last week Senior Council Alick Lawrence argued that it is only the Court of Appeal, not the High Court, that has the jurisdiction to determine whether one is qualified to be President or not and argued that the matter be dropped.

But Jones ruled that the High Court in fact has the jurisdiction to hear the matter “and the claim in not frivolous, vexatious nor an abuse of the process of the court”.

He explained that this case involves a dispute in a matter in which the rules were laid down by the Constitution and as such the Court, as guardian of the Constitution, must be the final arbiter.

“In this case the evidence which is so far not disputed raises in my view a number of issues that need further elucidation. In the premises, I dismiss the application and I order that the case proceed to trial,” Justice Jones said in his ruling.

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24 Comments

  1. Frank Talker
    February 26, 2013

    I am at a lost as to why the DLP wants every trial against them dropped. It seem they are not prepared to argue the merits of their commission or omission but always seem to be asking that a matter be dropped. Personally, I do not think this is in the best interest of their party and the country. There are matters to be determined by a competent Court and these matters will keep surfacing until a Court makes a ruling. These legal maneuvering by the DLP only advance their selfish desires but do not add value to dispute resolution. There has to be an avenue for all these complaints being made against the DLP to be answered in civil manner.

  2. Prefer to be unknown
    February 25, 2013

    In response to the writer ‘Con fused’, it appears my friend that the Attorney General looks up to Mr. Tony Astaphan as such a great legal luminary that he must make way for him to represent the government as he, the AG is incompetent in his shadows. This is reflective of the overall attitude within this government as you listen to all the ministers of government, including those who I am sure are itching to take his place at the helm, speak of him in that very same way……..(that were it not for Skeritt, nothing would be achieved in Dominica) as they downgrade their own abilities in order to elevate him! These two men seem to be untouchable in Dominica today as their light shining off them blinds people as they go past!! How long……….hmmmmm, let’s see how long!!

  3. Con Fused
    February 25, 2013

    Can someone tell me the role of The ATTORNEY GENERAL , with regards to defending the state in legal matters. Isn’t he the one being paid by the state to do that? I’M not hearing anything from the ATTORNEY GENERAL on these state court matters.

    • Prefer to be unknown
      February 25, 2013

      In response to the writer ‘Con fused’, it appears my friend that the Attorney General looks up to Mr. Tony Astaphan as such a great legal luminary that he must make way for him to represent the government as he, the AG is incompetent in his shadows. This is reflective of the overall attitude within this government as you listen to all the ministers of government, including those who I am sure are itching to take his place at the helm, speak of him in that very same way……..(that were it not for Skeritt, nothing would be achieved in Dominica) as they downgrade their own abilities in order to elevate him! These two men seem to be untouchable in Dominica today as their light shining off them blinds people as they go past!! How long……….hmmmmm, let’s see how long!!

  4. cod capi
    February 25, 2013

    u w p stop wasting the countrys money not tony

    • .
      February 25, 2013

      Dotish. Stop typing garbage. Go to the Red Clinic and beg.Make sure you are all in Red.

  5. Watch Dog
    February 25, 2013

    Who paying Tony for all those court appearances? He is the layer in the Isidore case, he is the lawyer in the Bubbles case, he is the lawyer in the IPO case, he is the lawyer in this case, he is the lawyer in the Dave Bruney Injuction case, he is the lawyer in the land transfer case to fix the “mistake”, he was the lawyer in the BVI layou hotel case….. Did I miss any?

    • Prefer to be unknown
      February 25, 2013

      And he, Mr. Tony Astaphan was laughing at Dominicans on the Saturday program on 22nd February saying that the IPO has hired Mr. Mendez to represent them in the matter regarding the investigation into PM Skeritt and the application made by them for the court to review this and strike it out saying that representation by Mr. Mendez will cost money and that he does not know where the IPO will get this money to pay for such representation because ‘HA HA’, guess who will have to approve this extra money!!!!! None other than the Minister of Finance, the PM himself!! So let’s see if they will be able to get that money says Mr. Astaphan! What a thing eh…………but that is the government which our people want!!! That is the government which they permit so it will be the government which they will have!!!!! Sad…………

  6. Realistic opinion
    February 25, 2013

    Well, this is how the world has become.A simple matter with a twist of words to get away from wrong doings is amazing!!!!!!

  7. Morihei Ueshiba
    February 25, 2013

    Plato’s analogy of the cave lives in Dominica. :-?

  8. dissident
    February 25, 2013

    Boss man I have no idea what u talking about. In one breath u in agreement with judge in another breath u giving de impression that IN NO WAY should this DLP administration be shown even by a court of law, that they have done something wrong.
    As far as DLP is concerned this is de MOST PERFECT GOVERNMENT ADMINISTRATION ON PLANET EARTH.

    I AND OTHER DOMINICANS WILL NEVER ACCEPT THAT.

    Whether all u like it or not this judgement is strike 1 against de DLP. U can make a deal with de DEVIL to fight against it if u want. De message has already been sent and we de Patriots of DA have one on u. Go and appeal. What’s done is done. Lick ur wounds. Half of u and DLP credibility is already lost in de wind. U can’t win us back.

    U and de DLP u defend have successfully put urselves against de citizens and institutions of our country Waitikubuli.

    Skerrit ande de DLP fool us. Giving de impression that they will push for accountable governance in office but they don’t want to lead by example.
    U write ur rules and u still want to bend it.

    When will u get satisfaction???????
    WHEN!!!!!!

  9. OOlto
    February 25, 2013

    you all Dominican are just to wicked wasting the little cash the country have in court,Do yo all think that the money is cominig from the PM pocket.Leave the PM for him to answer to God and safe us for higher taxes due to all these court hearings.It will come to pass the nation will pay hard for it.The world is looking at us.Why donot we all stop and think,this is not a homeland thing taking place, its a world wild.Please stop it before its to later for us.

    • Prefer to be unknown
      February 25, 2013

      To OOIto…..boss man let me tell you something!!! If all Dominicans had the attitude that you have, we would have a country twice as lawless as it is now and guess what!!!! Yes it is a tragedy that all this money is being spent to ‘defend the PM’. But yow, go ask your PM, or demand of him that he tell you (because he will not) HOW MUCH HAS THE COUNTRY’S COFFERS LOST IN HIS DEFENCE???? And another thing boss man!!! If you and other Dominicans do not join the fight to get accountability from YOUR government while you are able to, believe me, the country will lose millions more through theft of the treasury than it is losing now in the ‘defence’ of a so called PM who has no right to such defence at the expense of the state and does not deserve such defence either!!!!! Put that in your pipe and smoke it bro!!!!!!!!!!

  10. Anonymous
    February 25, 2013

    Go ahead Tony, you on the stage

  11. Jimi Hendrix
    February 25, 2013

    It would be interesting to see how much the goverment pays in seeking outside legal advise and representation.

    Astapahan and Lawrence must be making a killing on these cases and their multiple appeals.

    • Morihei Ueshiba
      February 25, 2013

      Yes they are, and we also have an attorney general drawing from tax payers money doing nothing. People just seat back and take more & more from dem fellas.

    • Anonymous
      February 25, 2013

      At least they will not hold a radio thon to raise funds.

    • Prefer to be unknown
      February 25, 2013

      You are so, so right Jimi Hendrix!!!! And the ordinary Dominican man who is struggling and going to the Red Clinic for ‘HELP’ when he needs to and carrying his red flag everywhere shouting Skeritt’s praises all day long, is being fooled by these DISHONOURABLE CRIM I NALS day in day out on their radio programs!!!!!!!!! When will we ever learn?????? NO MATTER WHO REPRESENTS YOUR, DEMAND ACCOUNTABILITY!!!!!!!!!! PERIOD!!!!!!!!!!!!!!

  12. Me , MY Dog and I
    February 25, 2013

    The thing i don’t understand with Astaphan and these government lawyers ,is that they know very well when to respect and act according to the law and the constitution of Dominica. The ruling was not in their favor ,so now the laws and the constitution applies. now is the only time it’s respected by them, but when their client is breaking every law and every word in the constitution, it’s the opposition the judge or the system is not working .Astaphan i do hope you say your prayers every time you go to sleep ,because i can’t believe a human being who believes in God acts like you . Be honest for a change and let your client know when wrong is done and accept wrong ,don’t always cover the wrong . come on man time to stop, this covering up getting old.

  13. street side
    February 25, 2013

    See how the Majority of Dominicans just sit back In Their comfort and let the island go down the Drain.

    The Rule of law should be Protected in Dominica..

    So it takes a smart Jamaican Guy like Hart the Tv Dude to show dominicans at least how to show off Their disgust at issues or matters..

    No wonder why deceased PM Charles spoke about The Alarming high level of Ignorance of his People..

    No wonder why Dominica is the Poorest in the Eastern Caribbean…folks its shows dominicans Simple don’t care about any kind of issues!

  14. mouth of the south
    February 25, 2013

    weh that astaphan dere, hhmmmm one day we will catch u in a legal hole eh… dude always have some tricks up his legal sleeves….

    • google eyed
      February 25, 2013

      what do you expect, he’s a lawyer!

    • WORKERS
      February 25, 2013

      WHEN WILL YOUR COMMENTS MAKE SOME SENSE

  15. grell
    February 25, 2013

    tony uwp stop wasting the state money,th pm needs to distant himsel from you as his attorney,your sickening and am tired of reading your bologne.

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