ECSC court of appeal grants stay in Dominica election treating case

A formal appeal has now been lodged with the  Caribbean Court of Justice (CCJ) by members of the Roosevelt Skerrit-led 2014 election team who are before the court for election treating.

This, after the Court of Appeal of the Eastern Caribbean Supreme Court (ECSC) granted the DLP’s lawyers permission to apply for leave to appeal the ECSC’s recent decision on the matter at the CCJ.

Mervin John Baptiste, Antoine Defoe, and Edincot St. Valle filed complaints against all 15 elected candidates of the Dominica Labour Party (DLP) after the 2014 general election claiming they were involved in treating leading up to the election which the DLP won 15-6 against the United Workers Party (UWP).

The complainants cited two concerts put on by the DLP, featuring international acts Donnie McClurkin and Morgan Heritage, as acts of treating meant to corruptly influence the outcome of the election. The high court ruled that the magistrate did not have jurisdiction to hear the matter as argued by the DLP lawyers but in a 2-1 majority decision, the ECSC dismissed the high court’s decision and remitted the matter back to the magistrate’s court which it ruled had jurisdiction to hear the matter.

Meanwhile, the lawyer for the appellants, Anthony Astaphan SC, stated that they had argued that they had a right to appeal and alternatively because that appeal raised issues of great public importance concerning the election jurisdiction of the court and public policy.

“All the matters have been stayed and we have decided to try to get this matter heard expeditiously before the CCJ and to comply with all the orders imposed by the court of appeal,” Astaphan stated.

Cara Shillingford, who represents the applicants, did not object to the granting of leave on the issues of great public importance.

Disclaimer: The comments on this page do not necessarily reflect the views of DominicaNewsOnline.com/Duravision Inc. All comments are approved by DominicaNewsOnline.com before they are posted. We never censor based on political or ideological points of view, but we do try to maintain a sensible balance between free speech and responsible moderating.

We will delete comments that:

  • violate or infringe the rights of any person, are defamatory or harassing or include personal attacks
  • are abusive, profane or offensive
  • contain material which violates or encourages others to violate any applicable law
  • promote hatred of any kind
  • refer to people arrested or charged with a crime as though they had been found guilty
  • contain links to "chain letters", pornographic or obscene movies or graphic images
  • are excessively long and off-message

See our full comment/user policy/agreement.

8 Comments

  1. Joseph John
    July 19, 2020

    Commonsense is not common otherwise we all would be smart. Those guys are just plain stupid who think they can fool all the people all the time. They ate their school fees, stole dictionaries to use big bombastic words to try to showcase intelligence.

  2. Joseph John
    July 19, 2020

    Wow, Why are the uwpites so afraid of Tony.

  3. Lin Clown
    July 17, 2020

    PAPA DOM,another UWP JACKA.These people just do not have commonsense.COMMON yet UWP supporters just don’t have it.

    • Joseph John
      July 19, 2020

      I agree. Since when election campaigning is treating. What do you call setting fire to streets, blocking roads, insulting a cardinal and a bishop and offering $25,000. for people to vote for you. What about the fake billion dollar arithmetic to show money is missing? Remember the passport case, the villa case. Well the time will come for backlash. Opposition forces set the stage to cast the first legal stones with their suite cases full of mischief but the DLP will have its tern at bat. Opposition forces are yet to give a truthful accounting about the black bags and its quid pro quo purpose.

  4. Original
    July 17, 2020

    this represents a great injustice done to the people of the Commonwealth of Dominica, since this is an issue which should have been dealt with immediately! it is cases like this that give rise to the Guyana situation. the courts are very inefficient and unwilling to challenge the status quo. revolution is necessary!

    Well-loved. Like or Dislike: Thumb up 8 Thumb down 4
  5. 72nations72elements
    July 17, 2020

    governments will come and go and this case will still be in court.

    Well-loved. Like or Dislike: Thumb up 8 Thumb down 0
  6. Papa Dom
    July 17, 2020

    Why isn’t the court jailing Tony? Surely there must be some law which allows the court to Take action against a lawyer who has gone rogue. This Tony guy advises and encourages Roosevelt and his gang to do things contrary to law, challenges people to take matters before the count, then wastes the court’s time when he looses. Is it because the court is compromised that he feels he can do whatever pleases him?

    Hot debate. What do you think? Thumb up 6 Thumb down 5
  7. July 16, 2020

    This case is from 2014 election. Six years and it not concluded as yet. Wonder when the 2019 case will come up?

    Well-loved. Like or Dislike: Thumb up 18 Thumb down 0

Post a Comment

Your email address will not be published. Required fields are marked *

:) :-D :wink: :( 8-O :lol: :-| :cry: 8) :-? :-P :-x :?: :oops: :twisted: :mrgreen: more »

 characters available