Gov’t lawyers to petition striking out UWP court matter

An application to strike out a court matter by the United Workers Party (UWP) challenging the validity of the election of the president of Dominica will be heard in the second week of February.

The matter was brought up before Justice Bernie Stephenson on Tuesday and it was agreed that all involved will meet in court in February.

In court documents the UWP stated, among other things, that the president of Dominica has not been legally elected because the Leader of the Opposition was not properly consulted.

“The nomination by Prime Minister Roosevelt Skerrit of Mr. Eliud Williams for election to the office of the President of the Commonwealth of Dominica, without first consulting with the Leader of the opposition in observance of compliance with the provisions of section 19 sub sections (1) was unconstitutional, null, void and of no lawful effect,” one of the petitions filed by the UWP reads.

The matter first came before Justice Brian Cottle on November 28 and he has since recused himself.

At the hearing today lawyers for the government asked for time to file a defense, which was granted by the judge.

The governments’ lawyers also made it clear that they will be asking for that matter to struck out when the parties meet again in court.

It will be heard before a judge appointed by the Chief Justice.

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28 Comments

  1. Lol
    December 11, 2012

    But it is workers that giving Tony them work.

    • ROSEAU VALLEY
      December 11, 2012

      No …Workers are fighting in defense of our constitution.

      Workers are doing what the paid officials of the state (the AG’s Office) have failed to do—stand in defense of the supremacy of the constitution and preserve its integrity.

      There would be no need for Tony or Alick to come to the defense of the government and its agents if they adhere to the provisions of the constitution- if they do not temporarily suspend the constitution in lieu of ancient red-herring doctrines.

      Respectfully
      Roseau valley

  2. The truth
    December 11, 2012

    Fed up of politics kmt

  3. Not a herd follower
    December 11, 2012

    In February 2013? That’s too long to wait to decide whether Eluid Williams was duly elected as Head of State. Give the constiutional importance of the office, the case should be heard by the Court no later than early in Janaury 2013 (within the first week of January 2013). The Court takes too long to determine serious Constitutional cases involving the validity of the holding of public offices.

    • Not a herd follower
      December 11, 2012

      This case and other constitutional cases underline the need to have a Constitutional Court for the Eastern Caribbean.

  4. Dom
    December 11, 2012

    UWP is just an embarassment, like where they getting money for all those cases they sure to lose. Its like going fishing in a dry lake.

    • Yeah?
      December 11, 2012

      One day your children will thank them for standing up. Only in Dominica people do not hold their leaders accountable.

      • Peeping Tom
        December 12, 2012

        You are correct on the accountability issue. If we held the UWPwee leaders accountable for the incompetence of the party, they would not be in parliament today.

  5. 1979
    December 11, 2012

    STUPES again!!! the breeze done blow and reveal the color of williams half slip…. throw it out or not

    we know what he represents…

    next article please!

  6. Doc. Love
    December 11, 2012

    Why doesn’t the Government lawyers stop playing baseball with the judicial system.The Skerrit case they asked to strike out.The layou case another strike out.Now the President case,baseball time,three strikes, out.As far as I am concerned, Tony is a disgrace to the judicial system, all the man does in court is to look for loop holes,technicalities and strike outs,what a dull witted lawyer.

  7. Dutch Lady Lover
    December 11, 2012

    all of all you in dominica need to drink more dutch lady milk… tony them is the agent… :mrgreen: :mrgreen: :mrgreen:

  8. SMH
    December 11, 2012

    why did you all remove the news about machel montano??

  9. Mangoes
    December 11, 2012

    That’s why i don’t believe in the Justice System AT ALL..a matter of National Importance can’t be on the Back Burner…

    Why don’t Black people think for once..why are they Always afraid and timid of being above Board.

    Maybe slavery was indeed a good think for Black As They lack the Integrity to view matter fairly and Quickly surely not a matured society..

    Quite rightly a typical small minded Third World Place.what a shame

    • ROSEAU VALLEY
      December 11, 2012

      Please do not be disheartened. Be patient. Do not be so quick to be critical of the justice system on that count.
      This is normal and in fact an application to strike is an often used weapon of a good lawyer who is defending the interest of his clients. It is available to a lawyer and it can be a very effective tool when used wisely. It is expected that a good lawyer will use it as a first round of defense together with others such an application to deem an claim irreceivable ratione personae, ratione materiae, and ratione temporis

      Therefore, it may be too early to condemn Court System or to blame Mr. Astaphan for anything. This is how the system works and the lawyers on either side are expected to do all within their ability and the parameters of the law to defend their clients’ interest.

      Let’s exercise some patience and allow due process before we bash the judicial system and those functioning within it. Time will tell!!

      Respectfully
      Roseau valley

  10. him
    December 11, 2012

    What do you expect in a country of “No Law Not Even the Constitution can prevent me from doing what i have to do”.

  11. Anonymous
    December 11, 2012

    Who Jah bless no man curse. Is a good thing DBS has the tape from the interview from the opposition leader.

    • Peeping Tom
      December 11, 2012

      :lol:

    • Papa Dom
      December 12, 2012

      which proves what exactly? The records of the parliament are also there to show where skerritt said that when he “spoke” with the leader of the opposition he did not have any letter from liverpool.

  12. Eight
    December 11, 2012

    That’s all they can do to buy time?

  13. Anonymous
    December 11, 2012

    I only wish that the 20 – 30 cases which I have in both the Magistrates’ Court and the High Court, some dating back as fas as 8 years, could be heard as quickly as some of these political cases

    Paul Green

    • ROSEAU VALLEY
      December 11, 2012

      Mr. Green,

      I respectfully submit that this is not just one of the ordinary 20-30 cases before the Courts. This is a petition with respect to a very important constitutional matter with far reaching national consequences.

      In fact, this is not a “UWP court matter” at all. It is a matter filed by the UWP on behalf of Dominica in defense of our supreme law, which the government illegally suspended when it invoked the foreign “red herring” doctrine of necessity to elect a president.

      Yet another irony of ironies filled with shame. Whereas our government is expected to uphold the laws and the constitution of the land, they are in court defending a fundamental illegal act that undermines the very constitution.

      If Mr. Astaphan is correct that once the Speaker issues her certificate of election of the president and the matter cannot be entertained by any court, then let the Court decide that by striking out the matter.

      Until such time, it is necessary that the Court gives priority to the determination of this matter and ensure that it is dealt with utmost dispatch.

      Respectfully
      Roseau Valley

  14. December 11, 2012

    More money for Tony and Alick while civil servants are offered 1 cent on the dollar.who can blame Tony and Alick when they can get away with the things they do.

    • Joe
      December 11, 2012

      Blame workers for that, also blame them for your meager 1 cent in the dollar increase, because of the amount of court cases they filing it just not funny!!!!

      • Peeping Tom
        December 11, 2012

        The Yam is just very confused! So many court cases brought forward by the UWPwee that the Yam just cannot keep track of what is happening. :mrgreen: :mrgreen: :mrgreen:

        Go ask Eddo! No, better yet, ask Matt.

    • Peeping Tom
      December 11, 2012

      But, Yam….You should be telling this to the UWPwee. It is they who launched the court battle, not Alick and Tony. So, why you cryin? Tell that the UWPWee when it asks you to cough up your 1 cent to pay for these court cases.

      • ROSEAU VALLEY
        December 11, 2012

        Except that it should have been the State apparatus (including the red herring AG) to stand in defense of the Constitution when it is being repeatedly undermined.

        The irony of the situation is that the opposition is seeking to preserve the supremacy of the constitution, while the government violates its provisions and everything it stands for.

        The UWP has simply asked the people of Dominica to contribute to the defense of their Constitution against the repeated and vicious attacks by this Labour Administration on its integrity and supremacy.

        Respectfully
        Roseau valley

      • Peeping Tom
        December 12, 2012

        Well, ROSEAU VALLEY, first of all it cannot be up to you or I to determine which entity represents the State on any matter; much less so in your case because you certainly seem to speak for the Opposition. It is like I am taking you to court for X reason but i am the one deciding for you which lawyer will represent you. Therefore, this suggestion of yours of who should represent the State is ludicrous at the very least. Besides,every State will determine for itself whether it contracts work or it uses its existing roll. There are benefits for either route. Consider though that whether the State pays a contractor to represent it or it does the work through its existing administrative machinery, it is still the State that «gets the work done.» So, rest assured, the State is still voicing for the people, albeit through contracted lawyers. Your voice is still being represented.

        Second, you often scream that the DLP administration is violating the Constitution and i always ask the same question, which cannot be answered: Which section of the Constitution is violated. I ask this same question in the case of the latest court challenge by the UWPwee, against the election of the new president.

  15. 4progress
    December 11, 2012

    I need a ringside seat. Any tickets available!!!!!!!

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