A hearing in the high court regarding the case between Glenworth Emanuel and Stephen Isidore is scheduled to take place on December 21.
At that hearing, lawyers for both parties will meet for further consideration on an order of stay which was granted by the high court yesterday that prohibits Isidore from being read over 42 charges brought by Emanuel.
Isidore, who was due to face those charges at a Roseau Magistrates court yesterday, was spared that formality when his solicitors presented the Chief Magistrate Evelina Baptiste with the high court order, which states that the chief magistrate or any other magistrate is hereby prohibited from hearing the complaints or any other complaints filed by Emmanuel and Associates and or Glensworth Emmanuel against the applicant, pending the hearing and determination of the application for judicial review.
The order also states that the claimant will have to file affidavits of his claim on or before December 10.
The case relates to a partnership that had gone sour between Isidore and former business associate Emanuel who is alleging that Isidore stole over $6 million while he was a partner in the law firm, Emanuel, Isidore & Associates.
Isidore appeared somewhat nonchalant and smiled for most of the time he stood in the defendant box yesterday. But it was Emanuel’s hope that the charges would have been read to the defendant in the private criminal matter yesterday. Emanuel’s lawyer, Geoffery Letang, who spoke to media after the hearing, called the defense move as a trial by ambush.
“Well this is very new to me, I’ve never seen that in… our court. Here it is an aggrieved party has lodged complaints in the court [and] expect that the matter to be heard or the charges be read to the defendant. What we have noticed is like a trial by ambush that the defendant and his council has sought judicial review of the magistrate decision in relation to the warrant in the first instance – to arrest the defendant. As a consequence the magistrate power is stayed, cannot even have the charges being read to the defendant,” the lawyer said.
“We had no idea or knowledge about this but it’s very, very surprising that here it is an aggrieved party, my client has filed complaint charges…expecting that the charges being read to the defendant, not withstanding that, the magistrate has issued a warrant of arrest of the defendant, the defendant was not present when his name was called, and we got information that he was upstairs. And at this very short moment that here it is the magistrate has been served an order of the court in respect of judicial review matters,” Letang told reporters after the hearing.
He assured that his team will take the necessary steps and guaranteed that his client has a strong case.
Criminal complaints were filed against Isidore in the magistrate’s court on Nov. 19, 2010 by his former business partner of law firm, Emanuel, Isidore & Associates.
The complaints, which include theft, false accounting, obtaining property by false deception, false statements, was filed by Glenworth O. N Emanuel of (now) Emanuel and Associates against Isidore of (now) Isidore and Associates.
Emanuel is represented by Letang, and two foreign attorneys.
Isidore faces 35 counts of obtaining property by deception, five charges of false accounting, one charge of false statement by a firm’s partner and one count of theft.
The theft charge involves $6,975,070.88 which was allegedly stolen by Isidore from the partnership between 2006 and 2010.
The court had agreed to freeze Isidore’s assets in a move to prevent their dissipation, which could affect the judgment process.
In September 2007 Isidore claimed to have made a $51,000 error regarding a transfer tax calculation on a 2.989 parcel of land purchased by Prime Minister Roosevelt SKerrit at Wall House.This was subsequent to pressure from the public on a land transfer tax evasion.
The amount was later refunded to the Treasury.
All those DUMB IN A CAN who got money to come and vote in Dominica to bring misery on those who are living in that country pray for all you children and grand children. You have brought curse on your children and grand children. When you have seen what they have become remember they are suffering because of the sins of their parents.
And by the way all u de margie Ag Chief could have read and unsterstood the order? All u forget he did not take away the gun from the PM cover up in Possie…he was misquoting the law is the Inspec. that had to come and clear the air. Yes the educated Inspector, the Minister ner man.
The Skerro lovers have created a monster which will eventually turn back on them. you’ll see.
The Chief Magistrate Evelina Baptiste herself signed, issued a court order for the arrest of Isidore. That Court order was sent to the Police for action. Someone in the Police Force, possibly a High Ranking Officer, refused to obey the Court Order and Isidore was never arrested.
But Dominicans, it was that same Chief Magistrate, whose Court Order for an arrest of the lawyer Isidore was disobeyed by the Police, who turned around and put a hold on proceedings that day. She did not allow not one of the 42 CHARGES to be READ to Isidore, the man who was supposed to be arrested and brought to court.
Dominicans follow that case very closely.for your own good. You all will further understand how those in ‘POWER’ with ‘POWER’ operate in Dominica. You all Dominicans will observe in BIG BROAD DAYLIGHT the MACHINATIONS, the KOKOMAKAK of BIRDS OF A FEATHER who are going again to FLOCK together to protect each other.
The FRATERNITY HAS BEEN ACTIVATED AGAIN and is at work. JUSTICE is going to be SUPPRESSED. BIG BOYS NAMES MIGHT BE CALLED and IMPLICATED. The ARCHITECTS OR PLAYERS in that Corrupt SYSTEM will not SIT BY and allow that to happen. BY ALL MEANS POSSIBLE something is going to happen and it won’t be so exciting. TRUST ME MY PEOPLE
One year Hard Labour has come and gone … another four more years to take.
Generally speaking, I see Jesus is the only one that can intervine to save us.
THOSE OVERSEAS VOTERS WHO GOT FREE MONEY, HAVE YOU ALL SEEN WHAT YOU ALL HAVE DONE TO US IN DOMINICA ? TAKE NOTE. WHEN POPOO START TO SMELL, HOPE THE OPPRESSORS WILL BE ABLE TO WITH STAND IT.
If Dominicans spend just half the time they use bring down people and the country, Dominica would have been a much more prodcutive place. We do northing, talk so much and yet we know so little. you got so much hate in you that thy you call yourself PAIN, Say something, do something productive cause who JAH BLESS, KNOW MAN ……………. smoke it
we cant hav a change of government but de PM messing around badddddddd
I want all u to remember E Z DOOR is the LEADER OF D OPPOSISHUN UNCLE, so i wonder how UWPWEEEE going to make their contribution to wards that Saga, espcially d leader of d oppossition? I hope the use that to walk out on madam speaker eh, boy look lyrics in our Lovely Dominica, all come under one word “GREED” and ” LOVE OF MONEY” that doing all dart.
If my people who are called by my name, will humble themselves and pray and seek my face, and turn from their wicked ways, then I will hear from heaven, and I will forgive their sins, and HEAL their LAND!
if dominica had a face, i would spit on it . Dominicans zo tou sot
i hope u nt one…. Stupid!!!!!!
WOW it’s amazing how Dominicans miss the point and justify everything politically.
1. How did this turn into a matter of Skerrit vs UWP?
2. Why do so many people believe that Isidore outsmarted anyone. Logic would suggest that there is definitely something wrong with the process?
3. Why were the police so interested in such a private matter?
4. If I a simpleton were involved in such a case with one of my business partner will i be afforded such luxury? Will any judge grant me a stay?
I think we as the ordinary joe blow need to look at this realistically, we are being marginalized at the expense of a few. I really don’t care who wins but we all should be treated the same when our turn comes.
so ask yoself a question now…….are u safe….if skerrit can interfere in to the court proceedings…of which he pleases what again nah……and the man is not an ordinary joe blow as u could see…..
I am interested in learning what the outcome of this one would be since we not sure the whereabouts of the others since they’ve been placed on the back burners so long. Let’s keep the candles burning please
This is not the first time there are all these SSU officers by the court. Have you all forgotten that when Tiyani comes to court there are SSU all over the place…well armed to boot.
thats cause tiyani could be harmed for he’s past judgements which in my opinion is good for dealing with criminals,,,,,he could be a target for those who seek ‘revenge’,,,,,was isidore in harm’s way,,,etc etc i aint going further cuz u know the truth but tryna play dumb,,,why did i reply n e way ssstttuuupppeeesss
You should ask Tiyani to help you with your grammar and spelling. There were a number of criminals coming to court on Monday. Do you know what information the police had which influenced their decision to come out armed? If something dreadful had indeed occurred you would all blame the police for inaction. Do you know whether there were threats against people in the court including the magistrate. Not everybody goes to the press to cry that people are threatening them.
When the justice system is unjust and failed, the state is a fail state. Dominica is a fail state my people sad but true
A court order was issued for the arrest of Isidore. Isn’t that true? Who was supposed to arrest isidore? The ordinary citizen or the police? Why was the lawyer not arrested? Did the higher authorities within the Police force fail to obey the court order? Who in the Police force blatantly disobeyed the court order? Was it any High ranking Officer or Officers or the present Ag. Chief of Police? Shouldn’t the Ag. Police Chief explain to the Dominican public the reasons for not arresting Isidore? Is he above the law?
How comes when the poor ordinary citizen has to be arrested, the police quickly act upon the order? Now if Isidore had to be arrested and had to appear in court, how comes he was not present for the charges to be read to him? Shouldn’t the police ensure that an arrested person be brought before the courts on the day in question?
My people, you are witnessing for yourself a situation just like what takes place in LAWLESS countries, in countries ruled by DICTATORS where the JUDICIAL SYSTEM is under the complete control of those wielding ‘POWER’ The ‘BIG WIGS’, even though they are involved in CRIMINAL activities, are PROTECTED by all means possible.
No way, if an ordinary guy from say GrandBay or St. Joe had to be arrested for burglary or theft, would he be free to go to his garden and not be brought before the courts on that day. Dominicans, you ain’t see NOTHING Yet. Those things are happening in BROAD DAYLIGHT, right in our FACES, right under our noses.
So be it if you all want to experiment with DICTATORIAL TRENDS. You all will surely REGRET. Remember Haiti under PAPA and BABY DOC? What about Nicaragua under the harsh RULE of SOMOZA? Is so Dominica come? I foresee CHAOS. The NATURE ISLE concept is incompatible with INJUSTICE, CORRUPTION and OPEN DISRESPECT FOR THE LAW.
All you good weeee
JUSTICE WILL PREVAIL in the end. They can twist and turn They can use SSU, Or send for ALBA troops or Chinese militia. JUSTICE WILL prevail in this here Dominica. Those who do wrong will WILL pay the price in the end.
But this is real nonsense though. What that clearly says is that, the country is corrupt. Mr. Isidore is our PM’s attorney, If he goes down, our PM will be exposed now…. Can’t you all Dominicans see the card game?
I am not political. I am just saying, … is going on in our country and we need to clean up this mess. Who overseas the actions and activities of our government? Surely not the opposition. I really think, going back under British rule would be a solution. but this is just my opinion.
It is not well and healthy in Dominica’s Judicial system. Slowly, the island is moving down a slipery slope of total dictatorial rule, where the courts are influenced by those who hold political power. What a sad day for our beloved country. If the civic minded people do not take a stand to stop what’s currently taking place, then it wont be long before we experience a Zimbabwe style system. Oh Dominica, our hearts are aching to see the path you have taken.
I expect come the 21st. December another excuse will be given why the case cannot begin to be heard.
And that’s the problem with the UWP: they cannot see that the real problem is not that Skerrit is a bobol, he’s building villas, he’s Chavez’ bomb tag, he’s a communist and all their other claims… The biggest problem is that even with all these allegations against Skerrit, they electorate still has to faith or confidence in them.
Tsk tsk tsk.
They’re such poor, simple-minded politicians. They should know better, but keep failing everytime.
Re-structure your party, give it a new face, a new voice, a clear mission, maybe even a slogan too. Come to the people with a solid plan.
Then and only then will the public be willing to listen to you. Right now the only supporters UWP has left are the die-hard party people. Those guys will be with the party rain or shine, win or lose. BUT you can’t win elections with that group only.
SMH…
That’s My2Sense.
Some body need to study the predicament of Dominica, to find out how it has reach where it is now.
We need a total metamorphosis….
All the best…and….
Peace Profound!!
It take only a powerful man to come up with such a power play. My party in power so u cannot touch me. Isn’t corruption good. hahahahahaha. that is Dominica for you. The whole world is watching and listening. Even in broad day light they are sweeping rubbish under the rug. All of us have a pound of sand in our eyes. We cannot see.
row row alone ? not little row row .
Dominica is a failed state,i prove that yesterday.
how
do you have to be a lawyer to understand this article. i’m having a hard jtime understanding it.
On December 21st Isidore will kick Mano butt and the un wanted plague will still be here winning like little girls
Whining*****
You need to grow up,i was just wondering do you wear hearing aid and a pair of glasses.am not perturbe by whats happening around me the bible is right we are leaving in the end of time.
Why was the military called out? To protect who or what?
LET JUSTICE PREVAIL.
See my boy go letang do your thing you are the best dam lawyer Dominica has ever seen
Letang et al were “out smarted” on this one, they knew that they were reaching, taking this to the magistrate’s court, remember ppl there are lawyers (notice the small letters) and then there are LAWYERS! (notice the caps)…lol so wheel and come again…go do your homework…better luck next time!
No one was “out smarted” in this fiasco, what took place was a total prostitution of the legal system. Mr Isidore should have been arrested in accordance with the order issued by the magistrate and would have to apply to the court for bail, this was not done. Since no application for bail was made then he should have been in court in the custody of the police to answer to his name when it was called.
Secondly this application for stay of magistrate’s decision was not properly followed. The magistrate should have been informed of the intention to make such application and be present at this hearing. How a judge could make such a mistake is beyond me and even to go so far as to issue the prevent anybody from dealing with the matter.
The third problem is the matter of judicial review, it would be interesting to know on what grounds this review is being sought especially given the fact that the initial steps to be followed before a judicial review can be granted has not been followed. So my friend no one has been out smarted, what has infact happened is that the judge has exposed his/her self as incompetent and or corrupt.
OK Mr. PM enough is enough. I done with that. I am no supporter of the UWP, but your foolishness now grows out of hand.
Dominica is in a terrible state. Warrants to arrest are ignored, judicial proceedings are interferred with. What is going on. Then we hear of military or SSU presence at the court house intended to intimidate the public. Dominican take a hold of your country before its too late. Lets see what happens on December 21st.
that’s what it is my friend,,,,now u have taken no stand,,,u just stated the obvious yet still some one gave a thumbs down @ the time i’m writing,,,,this is how blind these peeps follow the supremo,,,,
warrants to arrest are issued by a Magistrate, if a case is heard and defendant or complainant do not present in court; if the police investigate a case and they determine there is due cause for an arrest. which one of these scenario is true for there to be a warrant for Mr. Isidore arrest ? please enlighten me!
I am tired of all this crazy non sense going on in this small island state. A country with 55 thousand people and so much misconduct, lawlessness, corruption drugs , unemployment. I was upon a time so proud of Dominica and what we were able to achieve particularly considering ravages of Hurricane David. Within the last 10-12 years the country has regressed in so many ways it is disheartening. Our politicians are all hugs and hawks. Those in power portray arrogance and an attitude of being untouchable. Since when any one man is above the law?
Be encouraged we Dominicans should not give up and quit and leave Dominica that is exactly what the want No! we must fight for our rights in every way …
News of this case broke on Lennox’s show right? With Lennox being the official mouth piece of the UWP this sure smells like a politically-motivated witch-hunt. Whether Isidore is guilty or not (I have no idea), his reputation has already taken a major hit with these charges.
Prior to the last elections Ron McCain…I mean Ron Green was demanding that Skerrit call elections. PESTaina as well.
It’s like someone challenged you to a fight. You take a break from your regular business, and go over and administer a whipping on them, beating that azz 18 rounds to 3. Only thing is, even after the thrashing of a lifetime, they won’t allow you to get back to the business at hand.
All these court cases are nothing short of an effort to frustrate the government. Yet if the country takes some steps back it’s us as citizens who will pay the price.
Who honestly believes that the UWP are capable of taking over running the country at this time? Hector John as PM? Really?
i find it disgusting of u to insinuate mr green with the like of mccain who won’t sign the zadroga bill to aid those who aided in 9/11 and are suffering,,,u could have backspaced it but u wanted to cuz damage,,,,,,,isidore brought these unto himself,,,,n u mustn’t act like is mr emanuel that say arrest isidore,,,the magistrate court saw necessary evidence for his arrest,,,,
Hector John as PM and Lennox Linton as Bishop of Roseau
The day this Un Wanted Plage (uwp) ever gets to power in DA, garcon look coshonie that will happen.
Even Groovy Bat will get a job too. You know Lennox will get a job too, so that’s no biggie.
What will Matt do?
thank you.. You could not have said it better. They need to focus all that energy and time on uplifting the island and creating ways to bring in tourism and money, not bashing each other and trying to see who will be the last man standing.
natasha, tell that to skerro.
we need development, honesty good governance
and transparency in Dominica,
then the others will follow.
i am stilll baffled as to how isidore n his team outwitted mr emanuel a senoir lawyer n his team,,,
,,,,i guess isidore smarter,,,so i guess isidore might as well win dat case lol,,,,i hope justice will be served
Isidore is not smarter, Isidore has the Head of State backing him… just one phone call and the tables turn.
yeah but if mr emanuel had gone to the high court at first then all that would not be
ebeh me row row en ti Dominique…….
who think they right are goin to be wrong and who think they wrong are goin to cry come the year 2011