ECSC upholds appeal in Skerrit vs Dr. Fontaine matter

Skerrit (left), Fontaine
Skerrit (left), Fontaine

The Eastern Caribbean Supreme Court (ECSC) on Thursday upheld an appeal a libel matter between Dr. Thomson Fontaine et al v Roosevelt Skerrit et al.

Prime minister Skerrit had taken Fontaine to court over allegations that he “defamed him” in articles published on his website.

When the matter was heard in court, lawyer for Fontaine, Gildon Richards, had filed an amended defense but the Master Taylor-Alexander upheld objections from lawyers for Skerrit and ruled that certain sections of the defense will be deleted.

Taylor-Alexander had also ordered cost of $3,500 to Alick Lawrence, who represented Skerrit.

However, the Appeals court Judges overturned the decision and quashed the cost amount of $3,500 and ordered the deleted paragraphs in the amended defense reinstated.

All parties are to bear their own cost in this matter.

The case is now set to be heard at the high court.

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38 Comments

  1. Boo
    November 15, 2014

    sour grapes !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.hE WONT COME TO U DOH

  2. Anonymous
    November 14, 2014

    Good let them pay for their free tongue……. labour Ka Twavay

    • Anonymous
      November 14, 2014

      Labour ka twavay but WORKERS WORK

    • Anonymous
      November 16, 2014

      labour ka twavay but WORKERS WORK !!!

  3. Titiwi
    November 14, 2014

    One in the eye for Skerrit and Alick Lawrence and a victory for Dominica.

  4. November 14, 2014

    That’s all these politicians do in Dominica right now…drags each other to court..
    It would appear that you’ll have nothing better to do…

    • Anonymous
      November 15, 2014

      Remember it was Roosevelt Skerrit whop dragged Thomson Fontaine to court and not the other way round.

  5. ROSEAU VALLEY
    November 13, 2014

    What happened to the sale of our passports?.
    According to the Decision of the Master :

    Para 44 of the decision: “On the 14th of November 2011 the first defendant said: that his writing with regard to the wanton sale of passports is clear and unequivocal and for which he made no apologies for bringing this matter of national interest to the attention of the public, he modified an earlier made statement by stating that Karan Singh had had a criminal complaint made against him, although his earlier statement referring to Karan Singh was that the Prime Minister was harbouring an absconding criminal; on the 23rd of October 2011 the maker stated that the passport program was being used to line the pockets of a few individuals while allowing Dominican passports to go to persons of unfavourable repute.

    Other numerous damning statements were made including that some of the terrorist lurking in India may well be customers of the Government of Dominica, and the recurring allegation that the Prime Minister [Roosevelt Skerrit] has set up a parallel passport sale program than that legislated and which had avoided the required notification in the gazette. The foregoing represents a summary of some of the allegations made. The draft defence does not deny the comments made but relies almost exclusively on the defence of qualified privilege.

    http://www.eccourts.org/wp-content/files_mf/rooseveltskerritvsthomasfontaine.pdf

  6. The Facts
    November 13, 2014

    DNO I noted that you posted the PM’s name – by name only. However, you posted Fontaine as Dr. Fontaine. Why did you do that? Surely, for the PM, you could have posted Prime Minister Skerrit. Some people do not give him the respect he is due as PM. This is not fair to him.

  7. Cyrique
    November 13, 2014

    Everyone is entitled to their human right. People can’t expect anyone to sit back and have people defame them willy nilly. The PM has a right to defend himself. Just because he’s PM does not mean that he should be denied that right. People must be clear that it’s ok to make comments but that they should get their facts right!!! The fact that he’s been in court so many times indicates the frequency of attracts on him. Fair is fair. Come on!!

    • JoJo
      November 14, 2014

      You are right Cyrique in that everyone has that right before the law but in this case the claimant is Roosevelt Skerrit and the defendant Tomson Fontaine. I very much like the established idea of qualified privilege because it helps to preserve freedom of speech and therefore the press and as long as there is no slander or libel I see no problem with it.

    • @ sea/river crab
      November 14, 2014

      defame them willy nilly. Give me a break. In my world there would be no trial 4 these thieves.
      D/cans just sit back and talk all kind of crap defame willy milly my foot where them man getting these big monies they have.?

  8. jericho wall falling
    November 13, 2014

    Joshua 6 King James Version (KJV)

    1. Now Jericho was straitly shut up because of the children of Israel: none went out, and none came in.

    2. And the Lord said unto Joshua, See, I have given into thine hand Jericho, and the king thereof, and the mighty men of valour.

  9. November 13, 2014

    Dominicans, have no Fear. A Govt. Led by the formidable Lennox Linton will rei nstate true Justice in this Land once sgain

  10. Edison_ James
    November 13, 2014

    Time for change Skerro. Step down now.

    • Intransigent one
      November 14, 2014

      Step down? No Step up by Stockfarm.
      I would love to see all repeat all of em in UWP colours short pants.

  11. real possie
    November 13, 2014

    Thought the court system was broken, you all love the courts now.

    • JoJo
      November 13, 2014

      Possie you are dumb. On the contrary, this is evidence that our justice system in Dominica itself is unfortunately broken. So many cases overturned by the supreme court. That can only mean that our own judiciary are not professional and just pass judgement as they see fit. I’m scared now to be summoned to court in Dominica because it could be on a trumped up charge and you get convicted for God knows how many years on a smelly concrete floor. Your life will be ruined while everybody with a suit and tie prays in church how righteous they are.My boy, things really, really have to change.

  12. rainbow
    November 13, 2014

    yes I. This the beginning of the fallen empire. Captain the ship is sinking.

    • Anonymous
      November 13, 2014

      Hmm, I wonder what you would have said if the decision was the other way around.
      Let me guess…..Maybe you would say the legal system is corrupt? etc, etc.

      • Anonymous
        November 13, 2014

        what if , if. It was’t so even your insinuation is hypothetical.

  13. November 13, 2014

    This Is A Taste Of What Is To Come Dr Fontaine. Continue Being Humble And Walking IN Obedience To YAHWEH. YAHWEH WILL LET Things Flow.
    We are not and will not rejoice at the loss or down fall of the others involved. For We Must Remember Vengeance Is Mine Says THE LORD I WILL Repay.
    There is Time Now for those concerned to humble themselves and Pray, And Turn from their wicked ways, Then YAHWEH Will Hear From HEAVEN, Forgive their sin And Heal Their Land.
    THE LAW , JUSTICE, MERCY AND GRACE Will Stand.
    Let Us not Be wise in our own eyes. Let Us Heed And Please YAHWEH And Love One Another.
    THANKS YAHWEH.
    Let Us Be In Line With THE LAW From YAHWEH.

    • Anonymous
      November 13, 2014

      Please, keep religion out of this boss. We have enough troubles already.

    • The Facts
      November 13, 2014

      Do not place a curse on anything and on no one including your country. The world does not have a Yahweh. Yahweh did not create the world and all what is in it. God, Our Almighty, Heavenly Father did.
      Our Father who art in Heaven. Hallowed be Thy Name. . . .

    • God have mercy
      November 14, 2014

      Our God is an awesome God. He still reigns.

  14. manipulation of
    November 13, 2014

    know that skerrit has been knighted in public by those grandmasters of dark arts i really dont know

  15. Doc. Love
    November 13, 2014

    Those of us who follow sporting events are always fascinated by records set and broken. I am sure many Dominicans would be equally fascinated by records set and broken in the political arena. I don’t know of one Prime Minister whether it is in Dominica or the Caribbean who has stood in front of Judges or Magistrates then Skeritt. Dominica is very unique, because, no where else in the world could a man whether it be a politician or business executive, would still hold the top office with that kind of record.

    • Anonymous
      November 13, 2014

      So true!

      • A Doubting Thomas
        November 14, 2014

        You are right! I wonder who or what was instrumental for that and why. How many people have taken him to court or is it the same people? That might be a better question to ask ourselves.

    • coment
      November 13, 2014

      @doc love, it is your party who is responsible for having Skeritt standing before magistrates and judges. Tell us how many times you all have won. But I guess it is election time and anything goes. It also looks as if you all are claiming victory on a case that has not started that is just a ruling that allows the case to move forward so don’t celebrate just yet.

    • The Facts
      November 13, 2014

      He had reasons to stand in front of Judges or Magistrates because people as you have no respect for him and his office. As you do, you are no better be it in different respects. Your comments project it.
      You are fortunate that all of you who call him derogatory names are not brought before the Court. This includes DNO that allows those types of comments and post them. They are degrading comments.
      Let me further inform you. If you resided in the US or Canada for that matter, you would not get away with that. The heads of those countries have their defense teams and they would haul you to Court for making comments that you have not proved and cannot prove. I would love to see this happen to you people.
      It is your duty to respect those in authority. Your parents did not have to discipline you accordingly. If you have common sense and are matured, this should dictate to you that you give everyone their dues and live by the Golden Rule, “To treat others as you expect them to treat you”. Our Lord Jesus Christ taught us the Golden Rule. It is in the Bible!
      If you cannot respect a person, your PM neither do you respect God. St. Paul said, “If you do not love people whom you see, how can you love God whom you cannot see.”
      Our Lord further told us, “The Second Commandment is like it, The First. Love God . . . and love one another . . .” Some of you are disobedient. You will bring down the wrath of God on Dominica and nationals. There is a price to pay for disobedience.

    • Bushmaninad
      November 14, 2014

      Makes you wonder why. Dominica has never or will ever be like the rest of the world. Must be the mountains.

  16. Catherina Allan
    November 13, 2014

    DNO, that is not enough! The public needs to know exactly what portions of Dr. Thompson Fontaine’s defence that was deleted.

    • Anonymous
      November 13, 2014

      not your business u too fast!

      • Boo
        November 15, 2014

        but i find u r fast too and not minding ur own business

    • Mamizoo
      November 13, 2014

      I am not a lawyer but one would think that this is a matter for the court and not the public. This exactly why there is the case management.
      in fact what difference does it make whether or not the public know what was reinstated by Gildon and what was objected to by the plaintiff. The public don’t get to decide

      • MasterMind
        November 14, 2014

        One thing is for sure, if it was removed at first it is because it would go against Skerrit, just like how tony demanded he not testify because when grilled he would implicate himself in the passport case…

    • The Facts
      November 13, 2014

      Do not be inquisitive. In all fairness to DNO, how could you expect this? DNO post only what they are given, are instructed and are allowed to post. Why do you not ask Fontaine or his lawyer?

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