The court battle between former chief magistrate Glenworth O.N Emmanuel and his junior business partner, Stephen Isidore, has been further delayed after high court judge Brian Cottle decided to “recuse” himself from the matter.
The matter has been before the court since 2010 and on Monday December 17, 2012, both parties appeared for a judicial review hearing based on criminal charges filed by Emmanuel against Isidore.
In explaining the reason for his action, Justice Cottle said he did not want to further complicate the matter because he didn’t want complaints of any possibilities of bias and he wanted no further involvement in the case.
He also pointed out that he didn’t want dissatisfied plaintiffs making allegations that he was seen in any informal gathering with parties involved in the matter.
In November of 2010, Emmanuel filed forty two criminal charges against his former business partner including fraud, theft, and falsification of accounts, criminal breach of trust, misrepresentation and obtaining money by deception.
According to allegations filed by Emmanuel, Isidore stole over $6-million from their partnership between 2006 and 2010.
The matter began running into problems when on December 6, 2010, attorneys for Isidore went to the High Court and successfully obtained an order granting a stay and prohibiting the 42 charges brought by Emanuel to be read.
Anthony Astaphan SC is the lead counsel representing Isidore while Barbadian Queen’s Counsel Dr Richard Cheltenham, along Noelize Knight-Didier, represent Emanuel.
Just a few weeks ago, the Court of Appeal ruled in another matter involving justice Cottle and requested that he “recuse himself” because of “apparent preserved bias” since he frequently recreates at the Garraway Hotel.
so, the court case may never be heard, yet that is money the plaintiffs paid hoping for whatever job to be done and never competed.
Not only a good move by the judge but a good move by the team of lawyers for Isidore to prevent this case from being heard. By any means necessary. The lawyers must d what is needed be ause these charges are detained to expose mass corruption in my beloved political Party in government. I cannt conceptualizer not eing able to gravel like a yard fowl , eating the cheese and drinking the milk while the country is in abject poverty. Thank gd Tony Asaphan s in charge.
The next level You ‘all. I told you so. Just know that no justice no peace…
Hats off to you, judge Cottle!
For waht Peeping (Tony- Lennox). Really for what? Delaying the matter? Undermining our justice system? Aiding the moral decay of our society? For being incompetent?
What are you taking your hat out for?
Respectfully
Roseau valley
The fact is, as a judge in a micro island, “recreating” freely is a luxury he can’t afford because he will end up having to recuse himself from most white collar cases as it’s the same people he is drinking with that he will be presiding over in court.
It’s a harsh reality of life for judges in these small islands but by accepting such a position he has also accepted a pretty solitary life.
Anyway more drama. Can’t a high profile case in DA ever just proceed clean and smooth? stewps.
tell me where d moto car gun
tell me where prince ownie gone
tell me where d sweetie man gan
up to d prison you must go
you folo you folo
we 2 goode in dominica eh boy
like america, dominica is going to fall… america was the greatest land and god protected them and made them florish but time is closing in on them when the gave man and man, woman and woman the right to perform an act god had cited by only a man and a woman, they have the right to take the life of an unborn child without any reason…many of them have become full of themselves and see themselves as gods.
dominica prime minister and his lawyers have brought in all kind of deceitful and ungodly tactics including attempted murder of elderly people….
yet we cry things are bad and the country shows no sign of florishing spiritually, financially, etc.
Can anyone give me their reason(s) for referring to Dominica as a failed state?
Justice Cottle is no stranger to controversy and we should not be altogether surprised by this, development.
The St. Vincent born Judge suddenly resigned as AG of Montserrat when members of Govt. were no longer prepared to work with him and after criticism of incompetence by Chief Minister John Osborne. (as reported by Merrick Andrews).
Then there is the case of Clement Cassell v. the Commissioner of Police and the AG (i.e. Brian Cottle), also in Montserrat, when late Dominican Judge Matthew ruled against the defendants (Commissioner Alexander Elder and A.G. Brian Cottle) for disobeying a previous order by Justice Saunders in Feb. 1999 to return moneys and documents to be returned to the claimant whereby Justice Matthew observed that:” the defendants have treated the Order of the Judge with scant respect..” (as reported by Bennette Roach).
However, the case that should concern us most is the one of 21 Oct. 2008 in the BVI Court of Appeal when Chief Judge Hugh a Rawlins allowed an an appeal against a decision by Brian Cottle on 26 March 2007 barring submission of evidence in a claim to recover U.S.$11 million allegedly defrauded by Leo Ford, Dennis Kleinfeld and Ricky May of the BVI registered Boston Life and Annuity Company. The claimants (victims of this alleged fraud) won their case thanks to Judge Rawlins rejection of brian Copttle’s ruling on evidence.
Leo Ford was at one time a resident of Dominica, where he ran a company Vistas Inc. and is currently thought to be living as a tax exile in Panama.
Thank you for the info, sheds a whole new light on the gentleman in question.
All this story is irrelevant to the judge’s present decision. Where is the “controversy in his decision”
A man exercises his good judgement and recuses himself from a matter as a preemptive step – to prevent the appearance and subsequent accusation of bias – and this man’s decision is considered a “controversy”? If he had not recused himself, many of you would rightly claim that he is incompetent and that he should have done so and blah, blah, blah…!
Damned if you do, damned if you don’t!
Tom, you getting mighty rattled these days. Why?
Leo Ford filed a defamation lawsuit against all those involved in the USVI District Court. See: https://www.docketalarm.com/cases/Virgin_Islands_District_Court/3–09-cv-00144/Leo_Ford_v._Amber_Cape_Productions_LLC_et..al/80/
all the clients released Leo Ford and settled and admitted they never spoke to or ever had contact with him.
JUSTICE DELASYED = JUSTICE DENIED.
who the hell care?
…you care enough to make a commnent! No?
We have plenty reasons to be concerned about the current trend in our justice system, which is under siege. The system has been successfully hijacked and is suffocating under a serious chokehold by the powers that be. Dominicans, collectively, must consider taking immediate action before it is too late.
We all should be appalled by the decision of the Judge not only because of the decision itself but the length of time it took the judge to do so, considering the impact of this decision on the undue and unreasonable delay in considering otherwise simple judicial review process.
This DNO article suggests that “Justice” Cottle should consider applying for an immediate transfer to another jurisdiction or perhaps retirement as he appears to be incompetent, inept or incapable of performing his functions as a High Court judge. His professionalism has been severely compromised and is under great suspicion.
According to “Justice” Cottle, he did not want to further complicate the matter as he didn’t want complaints of any possibilities of bias. He further states that he didn’t want dissatisfied plaintiffs making allegations that he was seen in any informal gathering with parties involved in the matter…Dohhhhhhhhh!! To say the least, I find the decision of “Justice” Cottle to be morally and legally incomprehensible and disturbing.
By operation of law, the process of recusal, withdrawal or reassignment of a Judge is not a tool any party to a case and especially a judge should arbitrarily invoke to rid themselves from a real or perceived, unpleasant or difficult case to the detriment of delivering justice.
For that reasons above, the threshold for recusal of a judge is set very high and it is meant to be so. Judges are presumed to be professional and impartial. They are trained and trusted to apply the law fairly to all sides- irrespective of the political or social influence/pressures.
It is only when there is a genuine reason to question a judge’s impartiality that he should be removed or remove himself from a case, especially under the circumstances of a case like this one when the Dominica society is hungry for substantive and prompt justice. In recent times, the recusal of judges has been too common a practice by the High Court judges in Dominica.
When a judge is assigned to a case, he/she is expected to review the general facts and determine whether there is a real and or potential conflict of interest concerning the case. If any such interest exists, the judge may recuse himself on his/her own initiative just as any of the Parties have a right to motion the court to require the judge to recuse himself from hearing the case.
Granted, a judge must recuse himself if he has a personal bias or prejudice or has personal knowledge of the facts that are disputed in the proceeding. A Judge also has an ethical obligation to recuse himself if he knows of any justifiable reason to do so but he has a higher duty to sit and decide the matter brought before him unless a valid basis exists for recusal. None exists in this case.
Respectfully
Roseau Valley
Recusal is such an important matter that it is not something that should be taken lightly.
Judges should not recuse themselves for no reason or for petty reasons as it appears Justice Cottle has done. This is such a serious matter for the efficient functioning of the justice system that in some jurisdictions, it is another judge who decides whether or not the presiding judge should be disqualified/or recused.
A judge would wish to be recused if he has some actual interest (personal, family, or financial) in the outcome of a case, or where he has shown himself to be so prejudiced against one of the parties or the case’s subject matter that he cannot be trusted to rule fairly.
It is unsure whether this is the message “Justice” Cottle intends to convey but expressions of annoyance, anger, dissatisfaction, potential complaints of a plaintiff or simply the possibilities of bias by one who must be professional at all times is not the kind of bias that would normally subject a judge to recusal. For this reason, I am skeptical of the Judges decision.
There is as much obligation for a judge not to recuse himself where there is no valid reason as there is for him to do so in the same manner that the parties to the matter may have an incentive for not filing recusal motions on a whim, especially in a matter as this magnitude which has already been unduly and delayed.
Madam Chief Justice should review the performance and conduct of “Justice” Cottle as a High Court judge in Dominica and where it is found that he is wanting, appropriate sanction should follow.
Respectfully
Roseau valley
The Nouveau rich masters have bought stupidity and ruling with impunity. The judicial system is under their Feet, to be torn to Rags. Institutions all at their mercy and breaking down. The people have no where to run to it seems.
Judge Cottle? are you still judge in Dominica after that conspiracy to stifle justice in our dear land? Christmas season oui Cottle? That decision you took is our Christmas gift of peace and goodwill? How do all those Dominicans allow Cottle to throw that googly on them? All of them, one time or the other will show their true colours. They all working to thrash out the case. It is too plain to see.
Something is not right!!!!!! All of them are fighting tooth and nail to prevent any hearings into the case of 42 charges of FRAUD, a criminal act. It is a well oiled syndicate. Their roles are well spelt out. Defend. Defend. Defend. Protect. Proetect. Protect, no matter what.
The Court’s Warrant sent to police to arrest Isidore was disobeyed. But the same court, whose Order was thrashed aside and not executed by Police, agreed with Isidore and his lawyers to suspend any hearings for the time. Judicial Review? Who fooling who? It was a move, and it succeeded, to stall the the case and to protect the Culprit.
His friends “in High Places, in power, with Power”(for how long?) are afraid, trembling like leaves. They will fight to prevent Isidore from facing justice. Other “Big wigs” will be implicated. Fraud, money-laundering are serious crimes all over the world. In Dominica, it seems the crooks are protected from THE TOP.
BREAKING NEWS
Maliki holding SKN passport under ECP, en route to Dominica from Barbados, found by Customs with gun and ammunition hidden in second bottom of his luggage. Dominicans, You were warned. You all refuse to listen. Assasination style? paid by whom? Maliki why Dominica? to do what to whom?It has just begun.
The people/subjects still hold the power, but they are rendered helplessly hopless, lol.
I do not trust this, why is it only now that the judge chooses to recuse himself? This is another way of delaying justice. People every time these people try to delay or cover-up they are just exposing themselves more thus putting a nail in their coffin each time.
The Chief Judge is watching us.
Are we surprised? NO! More strong arming in the judicial branch.
From since 2010 and now is only now Mr Justice Cottle see’s it fit to recused himself I honestly think that these nonsense can only happen in Dominica cause this seem to me like a move to push this case back for another two (2)years by the time a new Justice is pick to adjudicate this matter. People open your eyes.
According to allegations filed by Emmanuel, Isidore stole over $6-million from their partnership between 2006 and 2010.
So this mean Mano had $6 Million EC Dollars…is anyone buying that?
Mano when you an Isidore were in all you “Bonne Temps” padna you never came out and say “we are making money hand over fist”
Why should idiotic political wanna-bees, Qidiots, DNOidiots of UWP Craziness who are struggling themselves be concerned about you and Isidore $6M dollars.
Mano did you promise these idiots some of that money?
I care less about Michael Jordan and his Wife divorce…she got I think $100 Million plus. Am I going to argue MJ case…the greatest BB man of all time.
FORGET YOU MANO AND YOUR ISIDORE CRAP.
Think, just for a second. Why would Mr. Isidore do everything possible to evade facing these charges if there is no truth in them? Shooting from the hip,without substantiation has no rational whatsoever.
Malgraysa, think of it for two seconds…of what value is this case to you..are you getting some of these two money making attorney money.
When business partners fall out they usually suit each other…
why are you up in these men business…
Do you have a weakness for Isidore or Mano
you must be in the man office or an officer of the bank so you know how much money going in and out of the man’s office. YES Dominican.
Find a Job it seems the joke is on you…This is about Mano and Isidore..how does the Qidiots, DNO idiots of UWP Craziness and Michael Jordan and his Wife divorce get into this.
Stuepse. No justice no peace!
Expect more the world is coming to and end $$$$$$$$$$$$$$$$$ is all people seeing ( pray people pray )
The only thing I will say is that these judges are too politically motivated. He just recused himself from the case about the “unlawful president” and now this one. That is the same reason that caribbean people don’t trust the CCJ. Them man sick!!!!!
Assertive, NOT Agressive!
More evidence that Dominica is becoming a failed State. Even the Judges are afraid to deal with allegations of corruption. They are fleeing!
stupse!!!
No Justice for emmanuel then ?
this is just amazing
Dont worry judge we already have an opinion of you. We know exactly how the justice system works in Dominica. How do these people walk around with their heads up – if they ever do.
Poto or not poto, all you Dominicans cannot say them fiascos there letting Skerrit look good nah.
At first, one could give a little benefit of a doubt, but not anymore nah. True you never see smoke without fire.
Be careful guys, be very careful how all you manipulating the judicial system for all you own benefits, one day the little people of this country here going to get fed up….
Voice the joke is on you…This is about Mano and Isidore..how does the PM get into this.
tell the PM and his people on Kairi to stop spending so much time on it so we can conclude he “not in it”. He was just in the media the other day sending mapwee for the man about not helping the police
Now he know it would compromise things…….
Are you telling me that Judge Cottle had to wait till the date of the hearing to come to this decision? In my simple mind this, as well as other matters are simple delaying tactics, designed to ensure that the constitution is changed and Mr. Skerrit afforded immunity from prosecution before these charges have a chance of being properly heard and possibly implicate him. I am convinced of this now more than ever.
Are you related to Mano by any chance. Were you promised some of that money…Forget Mano and Isidore..they made over $6 Million dollars in 4 yrs between 2006 and 2010 and some idiot is here wasting his little eyesight writing crap on DNO on the defense of two men making so much money.
Cry me a frigging river
are you related to Skeritt? did he promise you some money?
What a piece of Mix up…. Only God Knows…. Cottle you make the country look more corrupt than it already is… The only reason you back off from that case is because, it is an international matter and not just Dominicans that is following up… Nothing to do with Bias…. That,s a wolf in ship clothing
No snags and no judicial review hearings shall stop this matter from getting to a court hearing one day. And yes! As we are at it, the business partner’s “Home Fire Bombing”, is a hot topic that should get investigated immediately. Unless them fellas get a taste of equal justice, we will continue to have a failed state.
I wonder how many people know the words of Mighty Sparrow’s song “Good Citizen”..
Google ‘Good Citizen by Mighty Sparrow’ and listen people.
You would swear that it was written to expose the rubbish,garbage,evil we have in Dominica today.
@????
Yes indeed! I love that calypso; it’s like prophetic justice relating to Dominica.
Oh yes. I just played it actually.PROPHETIC INDEED! GOOD CITIZEN,
Justice is not far away God is good all the time.
The d”ay bar” in the failed state continues. Can anyone tell me if Dominica is really a country?.
Wonder if these people are sleeping at night.
Boy Boy Boy look rubbish in a poor country.
And people are wondering why we cannot make progress as a country?
Lying, Stealing and cheating and other nefarious things/acts can never help a country to prosper.OMG!