The Roosevelt Skerrit-led administration won its appeal today in the Eastern Caribbean Supreme Court (ECSC), in the case brought by Dominica’s leader of the opposition Hector John, which sought to challenge the election of Eluid Williams as President of Dominica on the grounds that both his nomination and election were “unconstitutional, null, void and of no lawful effect”.
The claim was first filed in 2012 by John against Prime Minister Roosevelt Skerrit, Attorney-General Levi Peter and Speaker of the House of Assembly Alix Boyd Knights. When their attorneys applied for the matter to be struck out, the High Court judge dismissed that application and ordered that the matter should be tried. Then in November of last year, the justices of the Eastern Caribbean Supreme Court of Appeal reserved judgement in the case.
Today, however, the ECSC decided that the government had won its case. Chief Justice Janice M Pereira said in her ruling that “It is no part of the court’s function or responsibility to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing.”
She further stated that the office of president is one which should be held in the highest regard and subjected to the highest form of integrity. “To allow the court to meddle into the affairs of the election process of the president is in my view an affront to the dignity of the high office of president…”
Meanwhile, Senior Counsel Anthony Astaphan told Kairi FM radio that in today’s judgment the government feel vindicated by the decision. “Every time that the UWP makes a political camp on legal issues they have lost, even in relation to the elections…” he said. According to Astaphan, “These constant losses give us a picture of greatest dishonesty on what the real issues affecting the country are.”
Former president Eluid Williams was elected as president in September 2012 and served a one-year term.
Below is a copy of the full judgement.
It is unfortunate that the learned judges have ruled that they have no desire or power to interfere in the parliamentary appointment of a President. I trust that the custodians of our judicial system have given the right decision an have no intention to challenge their educated an thought-provoking reasoning.I now begin to understand why in some countries the citizens have resorted to some kind of remedial actions to correct the political situation. “Doctrine of Necessity” can the court please clarify i just don’t get it.
Now, Will Spags, Lennox and the UWP as a party (if they have any integrity), apologise to Mr Williams, Prime Minister Skerrit, The Speaker of the House and the people of this country for all the untruths and distortion of this issue which they tried to use for political milage and have now been proved wrong by the Court. Will they apologise?
But why? They were right. They are stil right that the proper procedure was not followed. The court simply said the matter was irreceivable before it. The court did not touch the substantive issue. There is no need to apologize.
The moral of this Judgment is that you need to have persons of integrity and fairness in the chair of the Speaker. The judgment did not say that the Speaker or the Government side is right, it just says that the Court will not interfere in the Speaker’s decision.
That is it. We need mature, responsible and professional men and women of morals, with a sense of integrity, honesty and with discipline to govern the affairs of the country and to follow the SPIRIT of the Constitution.The DLP Administration has lost what they never had. CHANGE MY PEOPLE IS A MUST AND CANNOT BE AN OPTION
Once again, wrong is right and right is wrong. Failed Independence boycott called successful. Numerous lost court cases still counted as wins. I now have a true understanding of that song; everything is upside down, everything is back to front. Poor uwp. Delusional as usual.
If the ECSC court is saying it is not its duties to make sure constitution laws are upheld in the Eastern Caribbean countries. Where does the opposition or taxpayers of a country go to for redress if a sitting government is violating the constitution of that country?
Very concerned that the ECSC would used the word “Meddle” when dealing with adhering to the Supreme Law of the Land
This is what the Chief Justice said:
“It is no part of the court’s function or responsibility to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing.”
It means the Speaker, Prime Minister disrespected the Constitution and its process.
She further stated that the office of president is one which should be held in the highest regard and subjected to the highest form of integrity. “To allow the court to meddle into the affairs of the election process of the president is in my view an affront to the dignity of the high office of president…”
It is an honourable decision by the lennard lady…
….and it appears Senior Counsel is caught up in his dirty political allegiance to the Skerit and not to capture the bigger morale picture…This was not a judgement for the government to feel vindicated, but one to feel ashamed of…a victory for the people of Dominica and in defence of the protection of the office of President…..NO Alice in the Palace…no Ayatollah in the Palace.
Good and Honourable challenge by the UWP supported by the People of Dominica
The UWP said the President was illegal untill the court rulle. The court has ruled it was a matter for Parliment and the UWP want to spin that.
BUT what you are are deliberately missing is that the court did not rule on the merit of the case. The court took the easiest and most convenient way out to please the lawyer who represented the Chief Justice in her divorce proceedings. COWARDS AND WICKED PEOPLE
The whole thing is they are questioning everything, making a mountain out of a molehill and blowing everything out of proportion and stirring up the people to disobedience and disrespect. They have depicted their disrespect for the PM. Who are these people anyway?
Mr. Skerrit please tell us how much it cost the State…sorry the Citizens of Dominica in court proceedings????… and how much Tony get???
Do you realize it is none of your business?
Even Q95 and DNO news got it all wrong in their reporting. Nothing less was expected of GIS, DBS and KairiFM, the bias mouth pieces of the government. However, a little more analysis and thought was expected of the others. Before reading the full judgment, it would appear that the news headline should have been:
“THE ECSC of APPEAL RIDICULED AND SCOLDED THE PARLIAMENT OF DOMINICA FOR ITS CHILDISH, IRRESPONSIBLE AND IMMATURE BEHAVIOUR IN FAILING TO UNDERSTAND AND IMPLEMENT THE CONSTITUTIONAL PROCEDURES FOR ELECTION OF A PRESIDENT”
We concur with the findings of a contributor below named, “WE STILL VOTING UWP”, who concluded that the Court did not rule in favour of the government on the merits of the case contrary to all media news reports and far from the usual bravado, propaganda and lies of the loud noises from the crowd of cronies and pathological liars of the NEXT LEVEL in Dominica.
In 2012, the Leader of the Opposition, Hector John, filed a claim in the High Court against Prime Minister Skerrit, the worse House Speaker ever Ms. Alix Boyd Knights, and the red-herring AG, on the grounds that both the nomination and election of Mr. Williams was in accordance with the procedure laid down in the Constitution of Dominica and therefore the election should be deemed unconstitutional and null and void. The Court High Court ruled that there was something to answer on merit. The lawyers for the Administration then sought to have the matter struck out. On February 22nd 2013, Justice Lionel Jones dismissed the application by the legal team representing the DLP Administration to dismiss the case.
An appeal was filed by the legal team of the DLP Administration, challenging Justice Jones’ decision. That appeal was heard during the Court of Appeal’s last sitting in Dominica in November 2013 (more than a year after the filing of the matter). The justices of the Court of Appeal once again saw it appropriate to reserved their judgment for a further 2 months.
On January 14th 2014, the ECSC released its judgment. The Court failed to address the substantive issues and ruled that it did not have the jurisdiction to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing (a debatable issues according to the earlier posting referenced above). In effect, according to a FB friend F.B, the Court ridiculed and scolded the parliament of Dominica for its failure to respect our Constitutional provisions and following the stipulated procedure for election of a president.
Essentially, the Court felt that it should not be called upon to provide guidance to parliament on how to elect a president of the Commonwealth of Dominica. Therefore, the judgment does not officially put to rest the fact that the government of Dominica and the Speaker of the House are repeatedly engaged in abuse of power, aware as it were, of the limited jurisdiction of the Court.
Based on the reading of the excerpts of the judgment, one must concur with the Leader of the Opposition and the United Workers Party that Mr. Eluid Williams was unlawful elected. He knows that. The PM and his cronies know that. Mr. Astaphan and Mr. Lawrence know that (excuse Mr. Titre and Mr. Albert) and the ordinary citizens of Dominica know that, even before considering the anticipated opinion of Sir Alleyne.
Respectfully
This is why we rise and we will still be voting UWP in the ROSEAU VALLEY
Yes Roseau Valley. Tell them. We are in full support of your position. Thank you for helping to bring change to our country and for the work that you are doing in the Roseau Valley to ensure that RONALD CHARLES is elected as the next Parliamentary Representative for the Roseau Valley.
My god? Lets stop this childish things and move forward. We got an election to win. We tried but the courts didn’t agree with us. Justice has been served so lets move on.
DNO, why are you not posting my comments at all? No matter what name I try to use to make my point you keep kicking me out. I guess you use my telephone number to identify my comments and since I am blunt and fear you just delete me. Based on your disclaimer which reads:
Disclaimer: “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.” Furthermore, you are doing just what you said you would not do below:
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You are accepting many comments that violate what you claimed you would not accept and those that try to make their points in a respectful manner, you just delete them. Be fair to all and allow others to give thumbs up for what they like and thumbs down for what they don’t like as long as we follow your guideline. What is unfair is when you are the player, the refree and the game itself.
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what a shame,corruption at every level,change is a must !
I meant PAID PAID PAID
well paid judges, keep it up
This matter should have never gone to the court in the first place. There was nothing illegal about the nomination and election of President Eliud Williams. The workers party are making useless opposition, fighting useless fight and not making a valuable contribution to the growth and development of the country. How do they expect people to take them serious and hope on their so called train. I want to vote for them, but they need to convince me better than that.
The Labour jokers who believe their party won are mistaken, read the judgement again or get UWPite (the smart side)to explain.
Chief Justice Janice M Pereira said in her ruling that “It is no part of the court’s function or responsibility to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing.”
Do not insult our fellow Dominicans even if some may be challenged by their blind partisan loyalty to the DLP and may be brain washed by propaganda to the Next Level. We all know what the court is really saying. It is time for a fundamental change in our parliament. It is time to respect our laws and institutions of state such as the Office of President. but fear no more. The UWP will soon bring about that required change.
HA!!!!
So why did UWP take the matter before the court. The court also said :- [32] Counsel for the appellants contend that the respondent had the opportunity to
attend the meeting of the House of Assembly at which time he was free to voice
his opposition to the nomination of Mr. Williams, yet he failed to do so. I agree.
The only challenge open to the electoral process of the President by the
respondent was in Parliament. Having failed to do so the respondent is estopped
from coming to the court to seek redress as the Constitution specifically precludes
the court from delving into such parliamentary matters.
[33] I agree with the appellants that the trial judge was flawed in his reasoning. The
only challenge which the constitution allows in relation to the President is at
section 22(1) and is on the issue of whether that person is qualified to be
nominated for election, or elected as President. There has been no challenge to
the certificate, and in the circumstances of this case rightly so.
The court is saying what the Government was saying all along. The fact is The UWP lost again and the DLP won again
And this demonstrates how empty and shallow the judgment is. What difference would it have made if the opposition was in parliament and objected to the proceedings. Tell us what difference it would have made to attend the meeting of the House of Assembly to voice opposition to the nomination of Mr. Williams? Doesn’t the Judge know that the government has an 18-3 majority and the Opposition could do nothing about it as the overwhelming parliamentary majority vote would carry through in any case? What difference would it have made Dame Chief INjustice and Mr. Puppet Master. This is absolute HOGWASH and all of you know that
DNO,,why is my comment of Jan 14th still awaiting moderation……?????
Admin: All comments under this username have been approved. Please verify. If you are still unable to view your comment you may try re-posting.
It is okay. Do not be upset with DNO. Exercise patience like all of us who comment on DNO. be patient for TEAM DOMINICA is ready to govern with integrity, transparency and in accordance with our laws. Change is a must and not an option-even the court is aware of that for which we rise.
You are not alone. I am wondering if DNO is too busy or is having problems with its computer system.
sakway gasss man uwp doe tired lose der case torneh man
It is not the UWP that is tired of losing. It is Ma Dominique that is dying weary – tired of the abuse of power and mismanagement of her affairs by the DLP. We cannot give up the struggle to fight for her survival and her best interest. Join the UWP/TEAM DOMINICA in rescuing our country from the DLP. Ensure that CHANGE IS A MUST and not an option for the same of our Constitution, considering that the court will not come to her defense.
NO. Lets be honest, we challenge the matter, the court thought otherwise. Justice was served. We accept the rulling and moving on to effect change in parliament.
That is Case No…? Can anyone trust these guys to manage our beloved country? Oh no!
YES.we can definetely trust these guys. These guys are challenging the wrongs of the DLP government and even though the courts will not “meddle” with the manner in which our constitution is being repeatedly abused, the UWP and all patriotic citizens must continue to stand up for what is just and right morally, and/or legally. But we are not deterred because we know that the end is drawing nigh and real substantive justice shall prevail over form.
These judges and lawyers are all part of secret societies (Freemason, Odd fellows etc.) and their sole aim is to protect their fellow brothers in crime. Some righteous judge(s) must expose these men/women for their abominable acts. Pope Francis is now doing exactly that – exposing these secret societies (Opus Dei etc.) within the Roman Catholic Church, which continue to commit abominable and diabolical acts under guise of furthering the Christian cause of the church. He decided that somebody had to bite the bullet in the interest of saving the church and stopping these disingenuous and impenitent clergy in their tracks. Similarly, some member(s) of the legal fraternity must follow the example of Pope Francis and expose these unscrupulous and impenitent judges who continue to subvert the cause of justice for one reason and one reason alone – to protect its members and to advance the cause of these ungodly and politically seductive organizations
Be careful with your words. Bite your tongue and tie your fingers lest you pay a dear price for what you have stated. God is taking note.
We hear you loud and clear. We feel your pain. However, do not give up hope CHANGE IS CERTAIN. TEAM DOMINICA shall once again restore dignity in the Presidency.
Take a deep breath, close your eyes and shout WORKERRRRRSSSSS!!!! We are coming to restore the faith of our people in our judiciary and the development of our beloved country.
You should not condone such statements. The judges’s rulling was well atticulated and easy to understand. To make such statement is an attack on justice and the consititution that we seek to protect. Justice was serve, let us all move on.
You guys must stop this nonsense. The Judge’s ruling is clearly stated and can be read by all. If we put our bias away we all can understand. We are crying about protection for the constitution but when it is protected we cry foul. I guess that as long as the decision isn’t in our favor the judges are corrupt. What hypocrisy! How can you now convince me that you cry for corruption against the Govt. is true and not a strategic ploy?
Wey papa! Denial.
What does the law say about child molesters and paedepohiles and insanity and beastiality ?
DNO What about sexual harassment and sex for favours etc
I read the judgment and it makes great sense and am not really in politics although some colleagues and new friends etc want me to support the blues…..
You seem a little confused or unclear. However, keep listening to the message of hope of the UWP and your though process will be cleared enough to know that Change is a must and cannot be an option to save Dominica from the DLP.
while they cursing dominica in the cold we winning more cases in the warm
Sorry to disappoint you but you have not won any case. The cold hard truth is that the court has basically admonished members of our parliament to grow up and conduct themselves as mature statesmen who are afforded the privilege, responsibility and authority to govern the affairs of the country with respect, honour, integrity and dignity. At this juncture, only the UWP/TEAM DOMINICA can save Dominica from the mess that we have found ourselves in. That is why CHANGE IS A MUST.
That’s why I have absolutely no confidence In the Caribbean Court of Justice. The Caribbean Court of Appeal knowing that Skerrit had a French passport took that same decision in the election petition case. The court refused to have him cross examined, refused to have the only incriminating piece of evidence (his passport) displayed in court, to the extent that justice was completely blindfolded. Now this same court is saying to us that, it will not interfere in a legal matter against an illegal president because it does not want to compromise the office of president. In effect, this nonsense court is telling us that, the party in power can do whatever it pleases because it has no legal authority to challenge a sitting Prime Minister or President, and we the people must accept that. The UWP must not join the CCJ when it comes into power, until this Bull …. laws are revoked.
This is not a judgment of the CCJ. Both issues referenced were dealt with the ECSC. They are completely different courts with different jurisdictions. Nevertheless, we get your point, which is the view of the majority in Dominica that Skerrit and the DLP must GO. WE must give active support to the UWP to ensure that we have CHANGE IN OUR PARLIAMENT
The court’s decision is final. The UWP has been wrong on the issues. Just accept it and move on. Everyone who doesn’t agree with the UWP claims cannot be branded corrupt. It is the same court that has so many times given us justice. The problem here is that as long as the judgment isn’t in our favor we don’t think that justice has been served. Well it has been.
Unless we win our battles on the streets of Dominica, no matter how many cases government wins, we are the losers. Unless I see an end to injustice and corruption in Dominica, we still losing the fight. Until I we live in an environment where our leaders lead by example we still losing. Until we can find a way to gainfully employ our young men and women that graduated from high school and college we still de loser. Until our government start to fight for us and not against us as is the case in Dominica at present, we still losing. What sense it makes when the government wins their court battle when the people are losing their integrity?
You are so right and you are not alone in the struggle. “Until our government start to fight for us and not against us as is the case in Dominica at present, we still losing. What sense it makes when the government wins their court battle [assuming that you consider it a win] when the people are losing their integrity and our constitution and every institutions of state is corrupted, disrespected and undermine? For that reason, we all agree that CHANGE IS A MUST
Yes I, take that Lennox and co..Backside!!
Woye Woye Woye Something Happening.
Why can’t you all take it like men. Even in defeat you all claiming victory. For uwpites wrong is right and right is wrong. I believe it is you all who trying to make this country upside down and back to front. This pattern is very troubling.
Stupes What difference does it make? Skerro never liked Eluid!!
I expected to see hundreds of posts calling the Court thief because Skerrit set them up.
UWP moomoo man?
Skerrit win again and he will continue to win again.Zors tros marjee…talk talk talk
Garcons people fedup with that crap…..
Present a credible alternative, not pie in the sky.
Bull talk……lang zors larger trops!!!!!!!!!!!!!
Wake me up when it’s all over
Well I am wiser and I’m older
I know that the court system is compromised. Judges presiding over cases where participating counsels are the lawyer representing the same judge.
Corruption corruption
To Frenz
To be suspicious is not a fault.To be suspicious all the time without coming to a conclusion is a defect Why would you want to be awaken after it is over,this just tells me that you are someone who does not want to face the facts, someone scared of truth at some time in your life you got to wake up and face truth,you must not be held a hostage by your political belief.The belief that you are wiser because you are older is somewhat silly and not necessarily true it is a foolish thing to believe,you do not become wise by just being older.
I thought the UWP people was on the path to restore sanity and dignity on the Island.
If they have to run to Court for minute issues that are of NO SIGNIFICANCE to the citizens, how can they represent the citizens with DIGNITY?
you are really an observer so stay that way. sot
The court is where you seek justice. If the court is corrupt then justice will never be served. The UWP is doing the right thing. Others would have insighted violence which would do us all great physical harm. Truth never fails and one day this OECS court will be washed clean…
When will the court come to the defense of our constitution for once?
When the constitution has been compromised. Not in the cases brought so far.
Time will tell one of these days all u tomatoe will burst poof God Doh Like Ugly
bring judge judy them judges of the caribbean to corrupt
So tell me, Three stoogies and the rest of the blind mice following UWPWI. Put on allu finking cap, the writing is on d wall and the facts speak for demselves. Is it coincidental dat all the cases have been struck down by the court and awarded the UWP a loss by the court?
Thompson Fountain Said that Young men in Dominica are asking them for Guns to shoot Haitian and Chinese Nationals, because they are fed up, what’s your view on that?
My view is that why do these men feel like they can ask Thomson Fontaine?
why the affinity to solicit him/them for matters which are criminal and have criminal intent.
goes to the mind of the one asking and the persont he request is beign made too.
He should go report the people… and encourage them to try a trade and become self employed and self dependent.
the umeployment rate in Toronto last month was 8.2%…educated persons struggling and taking menial task for the less educated.
go figure…umemployment is high EVERYWHERE…so imagine lil Dominica which is already backward.
it would have been surprising if the rate was better off than normal
What a shameful thing to publish!!
If true it is disgusting but what has that got to do with this case?
My view on that is, the UWP is responsible for that kind of agresssion from the youth becuase of their lies aand propagander and their useless call ffor boyycottys. Thompson said that the youth are asking the UWP for guns to kill Haaitians and Chinese, I dont believe that! The UWP will go to any level to make our Island look bad. They are now telling the whole world tthat our youth are terrorists, what nonsense is that!! the UWP is very desperate to gain power.
My view is that Thomson should have known better and should have informed the authorities of such criminal aspirations. He should not, if he did, make that part of his statement while on the international stage that is a shame and hurting Dominica. You cannot seek to represent people while spreading negativity and promoting a bad image of Dominica.
and what good would that do? The police have a confession of an arsonist involved in the firebombing of Mr. & mrs. Emanuel’s house, three years ago and still we see no sign of this case coming to trial. We have the allegations by the same Mr. Emanuel against a former partner in his legal practice, of documented fraud prevented from going to trial by our legal fraternity. What do we do, rather pretend that the lady has no spots and cover them up with foundation, rouge or whatever cosmetic means? Keep on pretending and we will never solve our problems – guess it is even frowned upon to call these issues “problems” , less they tarnish the image of our self appointed savior.
Now can we put this whole Presidential election process matter to rest once an for all!
Stupes…Only for them to throw him out and put a poppet there for a president.
layou doh see the pm and his sheep can never lose a case.that is to show D A people how the not good
Parliament did not follow due process but the court will not intervene in parliamentary affairs, thus preserving the sovereignty of parliament.
Today, England, from where we borrowed the Westminster system that gives parliament this supreme authority, is debating this very issue of parliamentary sovereignty.
It is time we start a similar debate in Dominica. It is clear that the party that has a Parliamentary majority does as it pleases.
This is troubling particulary if we have a situation where those in control are low on integrity and pay scant respect to our constitution.
Funny, I read the constitution, like you, and I did not see where due process was not followed.
So if the UWP gets into government and does the exact same thing then it will be ok?
Whether parliament followed due process or not is very much debatable based on whether interpretation of the constitution was literal or liberal, right or wrong? Anyone who knows how to read would be able from the judgment to explain why a literal interpretation is necessary.
What was accomplished by UWP? Stop wasting money on legal fees with such childish issues. The man served his time and is out of office. What was your point?
Let these UWP fools spend all the money they don’t have…. elections is coming save your pennies to bring Dominicans back home to vote for you this is what you all came to North America for the same Dominicans the UWP wanted to put in jail in 2005 for executing their democratic right. Every case they bring to court FAIL…. UWP came to America talking down our health system in Dominica but is the same health system they and their families are using they lived in Dominica all their lives and did nothing to help did they also forget they were in Government from1994 to 2000 what did you do then go hide your faces
Is it a surprise anyone? soon justice will be re-instated on our island when corruption is prayed and dusted out along with this present administration. By the way they served their own form of justice see how he was treated and thrown away by the government who encouraged him to take the post illegally.
the courts are not credible. when u have an evil man like Tony Astaphan behind the scene what u expect. trust me sicko seko will be vindicated as well. i have heard of drug men paying thieer way out too. what is Tony saying that the judge who upheld that the case shouldbe condemned as well
Well this administration just got the green light to do whatever they feel like. If a matter like this can’t be dealt with in the courts where else can it be dealt with. That’s just what they wanted to do when they came up with the ECSC.they can now manipulate the judges. I say let’s go back to England where the judges decision can’t be influenced.
DNO please contact Lenny,Groovy Bat,Spraggs and their lawyer for their comments. Coming to think of it they are all ‘lawyers’.
Peace and Love.
Good
Congratulations to the Government, the Attorneys and Former President Williams.
How much does the UWP have to pay the Courts for wasting the Courts time; hundreds of thousands? That would make me feel even better. It is time their pocket books begin to feel what we feel in our hearts for the way they continue to disrespect the country and the people. No reasonable Dominican is unaware of what they are doing and why.
Wanting to get into power is one thing. Trying to destroy the country and her people is a completely different matter. The country belongs to all of us.
Learning to accept defeat is not being weak, these politicians should realize. Bad example for our youths. There comes a time after an election that the campaign ends and the country comes first. I hope after the next General Elections it finally sinks in for them.
Total disrespect of our country will never make this opposition party win the election if they have not as yet learn that by now, then they will never again win another election. It is that simple.
Just imagine the UWP goes overseas and are doing and saying even worse than they do in Dominica, if one can comprehend that. Who are these people anyway, we must ask ourselves? They cannot be Dominicans or have ever set their feet in Dominica, because if they did, they couldn’t say what we heard on their overseas trip. The 21 in 25 was bad enough but this latest? Unbelievable!!
.
Are you sure the read the story on the judgement and you understand what it says…what it means…
There was no judgement for or against…….the Judge says she will not get involved in this matter….it is to sensitive..
Please read and educate yourselves….
I note that the ECSC did not rule on the legality, or illegality of the process followed for the election of a President.The Chief Justice merely sated that it would be an affront to meddle in the election process. Surely, this is a personal opinion and not a legal ruling. Whether one agrees or disagrees with the verdict it does leave a very worrying thought , certainly in my mind. What is the raison d’etre of the court if it declines to get involved in a ruling on the alleged breach of a constitution, which is the supreme law after all? The way I read it is that the Chief Justice claims that her Court is precluded from doing so. Does this leave the way clear therefore for governments, any government to abuse this law with impunity? If so, this does not bode well for the CCJ. It has all the hallmarks of a Pontius Pilate ruling.
Indeed! These judges do not inspire confidence in the legal system. A clear Constitutional matter and they excuse themselves. Now, Mr. Skerrit has the leeway to continue to do as he pleases. The Chief Justice’s statement that if the Court had considered the matter it would have been meddling and would have been an affront to the office of the President is ridiculous. What kind of legal reasoning is that?
Is this judge for real? In the absence of a constitutional court the current court is responsible for adjudicating on cpnstitutional matters and if these judges can’t understand that then they are truly useless. Tony you must understand that you didn’t win anything, all that has happened is that the court has once again ran into a hole to hide.
Tony’s argument was that the UWPwee’s case was frivolous and should have been struck off long ago. One of the reasons that it was a waste of time was that the Court had no jurisdiction in the matter. Tony had argued this from the start. The Supreme Court judges agreed with him. He has therefore won his case. No?
The sovereignty of parliament refers to the authority and ability of parliament to pass laws. This was a procedural issue and the court has the authority to intervene. That is why citizens have the right to seek a judicial review of decision of government.
Duh!!!! Lol Workers need to quit fast lpl
The UWP really try to undermine the PM’s position and credibility. Once and for all, you guys must stop that. If you keep this up, Dominicans will have no confidence in you. You should apologize to the PM and for putting him through this with all your complaints and Court cases. He does not deserve this.
You are nuts. You must be one of the major beneficiary of Skerrit’s Red Clinic. Shame on you!
So are you!
Justice & Truth we know its you. You never ask the Labourites to apologise when they insult the UWP members but you want them to apologise to your God your PM.you are a disgrace to us Catholic. Shame on you
Amen!!!
While reading the article and prior to reading your comment, I thought the same, “Amen!” In this case, shall I state, “Great minds think alike?”
And fools seldom defer.
Misleading title DNO. “It is no part of the court’s function or responsibility to meddle in…”. The court chose to punk out on its duties like every other institution in Dominica. By saying this who then has the function and responsibility to meddle in such matters? Why we paying judges in a court system that has no right to judge law. Why is there a constitution if anyone can go against it (if you are a Labourite especially the Prime Minister) and no one is responsible to protect it. Is there a legal mind here who can explain these things?
SUPREME COURT SAYS:
“It is no part of the court’s function or responsibility to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing.”
“To allow the court to meddle into the affairs of the election process of the president is in my view an affront to the dignity of the high office of president…”
ASTAPHAN SAYS: “Every time that the UWP makes a political camp on legal issues they have lost, even in relation to the elections…”
I SAY THE SUPREME COURT’S REASONING IS CLEAR. THE SUPREME COURT SAID THAT’S NOT ITS FUNCTION OR RESPONSIBILITY TO GET INVOLVE IN PARLIAMENTARY AFFAIRS AND THE CONSTITUTION FORBIDS SUCH INTERVENTION.
THE QUESTION BEFORE THE SUPREME COURT WAS NOT WHETHER IT HAD JURISDICTION OR NOT OVER THE ELECTION OF A PRESIDENT. THE QUESTION BEFORE THE COURT WAS WHETHER THE PROPER PROTOCOL WAS FOLLOWED IN THE ELECTION OF THE PRESIDENT.
THE SUPREME COURT SAID IT IS NOT GETTING INVOLVE IN THE PARLIAMENTARY PROCESS. IN MY VIEW, THE UWP DID NOT LOSE THE LEGAL ARGUMENT OR MERITS.
dear dupe IT IS WELL SAID BY YOU!!!
The UWP lost simply put. They do not understand the law and parliamentary procedures other wise they would not take a matter to the court which is out of the jurisdiction of the court.
Does that mean the doctrine of necessity by which Eluid was elected now becomes law? It also means that parliament now has the judicial function to interpret law. Where is the separation of powers and the element of checks and balance? The Chief Justice appears to be legalizing the dictatorship. She had absolutely no interest in giving us the proper interpretation of section 19:1 or an explanation of the doctrine of necessity. Change is a must not an option. WOW!!!
My god what is the function of the court? It was the courts that resolved the presidency at the Bush and Gore presidential race.
Whenever I hear Tony talk about honesty I cringe. I would like find out whether the average Dominican see Tony as a roe model. How many of think that Tony genuinely like us as a people. Hw many of the Religous leaders would ask their congregation to follow Tony Astaphan ways?
How many of us would vote for Tony Astaphan for his honesty or the lack thereof.
How does your opinion of and hatred for Tony Astaphan relate to the Court’s decision and the above article? What does Tony’s honesty have to do with the abject stupidity and frivolity of the UWPwee? Direct your ire at the blue jokers whom you seem to idolize.
For your information, BogoRoy, I really and truly idolize the blue jokers as you refer to them. My mentor is Mr. Lennox Linton.
Once again, another empty, narrow and single-dimensional judgment of out court. It is an empty legal victory by the government of Dominica, which has failed to deal with the fundamental question put to it.
Did the court say that Eluid William was legally appointed? No, the court did not rule on that merits of the case. None of the issues raised for consideration by the Petitioners were addressed by the court. After more than 500 days, the ECSC evaded the issues, reserved its judgment for months after the hearing and gave a judgment based on what it considers to be its jurisdiction.
The court has ruled on what is or is not its jurisdiction. It did not rule on the merits of the case. It did not tell us whether Mr. William was elected in accordance with the Constitution. The court simply told us that It is no part of its function or responsibility to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing. (This is highly debatable..pity that the matter cannot be referred to a higher court)
The court has basically agreed with the UWP that the office of president is one which should be held in the highest regard and subjected to the highest form of integrity to the extent that not even the court itself could meddle into the affairs of the election process of the president.
The court, once again continue to be an embarrassment and failed to act as the true guardian of the constitution in this matter and therefore, the DLP government OUGHT NOT and CANNOT feel vindicated by the decision. It is not the UWP that has lost the case. It is our justice system that continues to fail us. These constant disappointments delivered by our courts as judgments give us a picture of greatest bias and unprofessionalism of our judicial system.
Ok Lennox. Change the ruling or better yet remove the ointment of the judge anointing.
You all are exhibiting a high level of madness. Go take some medication.
As Tony says, there is something blowing in the wind and it is called madness. Unlike, you the majority of us are not going mad.
Come on my friends. That’s not the politics that we should be encouraging. That is a great ruling. It protects the same constitution that we seek to protect. This was not a battle that we could win. Lets move on and do what is right.
well well well
another dlp victory
workers allu doh tired lose
more to come
Stop being a simpleton. Tony Astaphan loves simpletons
Was it Tony that represented her in her divorce nuh ? Just asking wii papa .
I am not so blind to not realize that the system is corrupt. No doubt. How it is that one judge ruled on the Merritt’s of the case and another judge is saying that it is not the responsibility of the courts to decide. How absurd. How could one judge on such a simple matter get it so wrong- one of them is very very wrong.
But then this is not a conundrum when Tony Astaphan seem to have the only recipe for victory in the courts particularly where the PIP is the one that keep fertilizing his bank account.
You are not blind just bias.
The lack of integrity Chief Justice Janice M Pereira spoke about can be seen in the following: 1.The many controversial presidents that were nominated and elected 2. The nomination and election of certain police commissioners 3. A sudden secret marriage 4. Controversial riches at all cost and the very very long list continues.
Where has integrity gone to? Does integrity even matter in Dominica today? Many Dominicans will say we have two major political parties in DA – UWP and DLP. However, to me it is more than partisan politics. What we have is two teams that stand for two different vision. The present brand of DLP is all about winning at all cost. He does not care what he has to do to win as long as he is seen as the winner. Like Tyson, he does not care whose ears he bites so long he wins. On the other hand, UWP stands to restore truth, justice and integrity. As a true laborite and Christian, I prefer to stand on their side because life is not just about now but rather the future we are paving for our children.
I commend the UWP for standing up for truth and integrity. As a true laborite I must stand for integrity because that was the backbone of our party. When the likes of Nelson Mandela and Dr. King stood for justice, they were laughed at, jailed, and killed for what they believed. But today our generation is much better because of their sacrifice. So continue to fight for us guys
As a UWP, I say it is time that we stop crying like babies, be responsible and do the right thing. Justice cannot only be served when it is in our favor. There is no injustice in the decission. We cannot seek to break the same constitution that we seek to protect. It appears that the constitution needs protection from us if we continue down this road
everyone knows that the ecse is a brotherhood
I expected that.. I have no confidence in the ccj…they remind me of the people of Sudan and dafur,preference, corruption etc…pryvy council gives a more sound judgment…and that doesn’t change the fact that dlp has 0 on their report card for job creation and 100% for an ailing economy..
This is what the Chief Justice said:
“It is no part of the court’s function or responsibility to meddle in parliamentary affairs particularly when the Constitution clearly precludes it from so doing.”
It means the Speaker, Prime Minister disrespected the Constitution and its process.
She further stated that the office of president is one which should be held in the highest regard and subjected to the highest form of integrity. “To allow the court to meddle into the affairs of the election process of the president is in my view an affront to the dignity of the high office of president…”
It is an honourable decision by the lennard lady…
….and it appears Senior Counsel is caught up in his dirty political allegiance to the Skerit and not to capture the bigger morale picture…This was not a judgement for the government to feel vindicated, but one to feel ashamed of…a victory for the people of Dominica and in defence of the protection of the office of President…..NO Alice in the Palace…no Ayatollah in the Palace.
Good and Honourable challenge by the UWP supported by the People of Dominica.
” When the constitution clearly precludes it from doing so. ” Does it not mean that the constitution was followed? Does it not mean that the decision was left to parliament. Was that not the way it was always done in the past? Why is it suddenly wrong now?
One of the most unfair and controversial wins in cricket is what we refer to as the “Duckworth Lewis System.” Most times the losing team dominated the game and had it not been for rain they would have won. But per the system, victory is not based on who dominated but rather who was where at the time of interruption.
Here is how I see it in slow motion: Did Mr. Skerrit win? Well it seems to me that on the basis of integrity, Justice Janice made it clear that it (integrity) was the looser. I do not believe too many people would disagree with her here because although Skerrit got his way, the lack of integrity was yet again exposed. By this I mean, if the lack of integrity was so badly exposed in such a serious office, how much more will it suffer in lesser situations. That cannot be a win Mr. Skerro and Tony. That decision was not based on constitution but rather by washing their hands or by staying out of that mess. So based on slow motion replay, Skerrit was made the winner by default while integrity and Dominica were once again defeated.
DNO, I must commend you all for this balance article. Although in the headline you said “Government wins their appeal..” yet you were wise enough to put the scores (facts) down so we could see how they win and if it was fair. Very good job!
The UWP is definitely a losing formula they are dissatisfied with every thing the government does and heads to the courts only to dangle their tails between their legs all I can say is that the UWP advisers should go back to law school in order to compete with senior councils. NO NOVICE ALLOWED Alas when will they ever learn
The voice of the angel is the voice of GOD. This is a lesson to learn, stop yr hatred and JEALOUSY agianst the Goverment.
“It is no part of the court’s function or responsibility to meddle in parliamentary affairs” This is a joke. Isn’t this the same court that heard election petition appeals and gave a decision on the same? Aren’t elections and election petitions a part of parliamentary affairs? The custodians of the court are now selective on what parliamentary affairs they wish to adjudicate on. And in all this tony claims vindication but how is this when the court refuses to undertake its responsibility? It’s obvious that the wheels of political influence are at work and this is why the CCJ will never work.
Lets say, should the UWP won their appeal, what would be the outcome of the matter, would they demand from Mr. Williams to return all salary which he earned as President?
This wasn’t on DNO but on other news media; They wanted response from the Leader of the UWP but as he was out off state,response wasn’t available, all which was required to do was pose the question to Eddo as he is the mouthpiece of the UWP
This is why the CCJ will never work
the government will always win opposition get with it ok….#labourrrrrrrrrrr
The court has spoken, lets move on, there are bigger and more pressing issues to deal with, like the former President thanks for your service “SIR” Dominica is still for us to build!!!!!
Skerro ! I don’t know who doing de obiar for you in Guadeloupe,,,, but it working
Maay tonnere. UWP do tired lose. What will they say this time. The court system was bought by Skerrit. Its time they focus on the real issues that affecting the island
Stop being a simpleton. Tony Astaphan loves simpletons. It is the UWP focusing on national development issues. DLP is lost at sea. Change is coming
DNO, the government did not win this case, as your article states. The Court did not rule on the substantive matter. Instead, it washed its hands off the matter, claiming there is an issue of separation of powers.
The Court’s decision deeply disturbs me because it did not provide enlightenment on the questions at the heart of the case and the implications of that passive, convenient posture going forward.
The procedure for the election of the President is provided for in the Supreme Law of the land, the Constitution. There is a dispute about the interpretation of the procedure. It is the responsibility of the Supreme Court to interpret and defend the Constitution. It was therefore correct to ask the Court to give a ruling on the meaning and intention of the relevant sections of the Constitution. The argument of the Supreme Court that it has no jurisdiction in this matter is mind boggling. All other Courts of democratic countries throughout the world accept that it is their supreme responsibility to rule on matters that are in their respective Constitutions and to ensure that the Constitution is upheld.
The Eastern Caribbean Supreme Court shies away from its supreme responsibility and invokes the doctrine of separation of powers. The latter is only relevant where the regulation of the business of the Parliament is concerned. It does apply to the Constitutional provisions in this matter. There is no ouster clause. To make matters worse, the Chief Justice writes “The office of President is one which was meant to be held in the highest regard and subjected to the highest form of integrity. To allow the court to meddle into the affairs of the election process of the President is in my view an affront to the dignity of the high office of President.” The case was not a trivial or vexatious matter. The case was a Constitutional one, and the Court was being called upon to clarify and, by so doing, to help protect the integrity of the office of the President. This case was not about ”meddling”.
It was Justice Lionel Jones who said the following on this same case:
“I hold that the Court has jurisdiction and the claim in not frivolous, vexatious nor an abuse of the process of the court. The framers of the Constitution of the Commonwealth of Dominica never intended that the election of the President, the Head of State, should become entangled in controversy. The role of every participant in the process is clearly spelt out. But like in all spheres of life, dispute arises from time to time.”
Justice Jones said, “It is beyond dispute that the Constitution is the supreme law and the powers of Government and the Parliament are circumscribed by the Constitution.”
Justice Jones stated that where there has been any breach of the Constitution, the “courts have the final say.” He added, ”I hold in the circumstances that this court has jurisdiction to entertain this claim.”
When the Courts invoke convenient ”legalisms” in particular politically controversial but Constitutional cases rather than exercise its inherent jurisdiction, the confidence of the public in the legal system is undermined. This decision has caused me to rethink my support for the CCJ.
u have said nothing leave law for the lawyers
Because you cannot understand English
Show me a provision in any constitution in the Commonwealth that is paramateria to ours where its courts have ruled otherwise in any same or similar dispute ?
Dno Is Disappointed an educated fool ?
based on this decision the caribbean supreme court is saying it is a waste of time to bring any such simillar cases forward. The ruling party has just been given a green light to do what they want in parliament. This is terrible. Laws are also set by precedence.
I agree with your post. I find the reasoning of the Court very disturbing. The Court did not address the matter. These rulings are so puzzling. The Court is taking the easy way out and therefore is not fulfilling its mandate. If the Constitution was not contravend then say so and provide the reasons. Is that asking too much?
We concur with your opinion.You understand what is at stake here. Do not be disappointed, however. Time will tell. Just hold on! How long?
Respectfully
Roseau Valley
To Disappointed
The reason for all this disappointment lies mainly because your idea as to what The Law is and what it really is,there is a difference.You must also understand that the reason you go to a Court is to have someone make a decision based on The Law.You do not go to a court to get justice.It must also be pointed to you that The Constitution is not The the supreme Law.The Law with a Capitol “L” is superior to The constitution,that is why when the constitution is written it has to be written within The Law so that it can be interpreted.It is The Law which finally determine the rules under which we live not The constitution.
There is something that you need to also understand, the principles on which The Law is built is so vague and abstract, sometimes irrelevant that it is possible to find in those principles both a justification and a prohibition of every human action or activity.I will leave you with this quote “The interpretation of constitutional principles must not be too literal.We must remember that the machinery of government would not work if it were not allowed a little play in its joints.”
We’re going to win when it really count,
I must be a French man or I must have come from Toego, the city were Aaron allegedly received his doctorate. I am reading that the court is stating that it does not have the power to meddle into parliamentary affaires when the constitution tells it to stay put, however, it went ahead and gave a ruling stating that the Government has won the appeal.
Common DNO, print my comment. It has been more than twenty four hours.
Sorry to trip you Doc. but the city is Lome, the capital of Togo (name of country). Always like reading your comments.
Foolish opposition
please dno,they didn’t win any case,the judge refuse to meddle in the case,guest is dem self
That is the worst explanation of a ruling i have ever heard. DNO please tell me that the Chief justice said more than that. If that is the reason she gave i say the ECSC is a joke.
Not because the office of the president is on of integrity that the process cannot be corrupted. The court is there to help clarify and interprete the laws and that is what its judgment should be based on. How can you call that meddling when your job is to clear up any constitutional questions. The argument from the court whether for or against the Government should be of sound reasoning and deliberation. The explanation that the constitution prevennts court from meddeling is very poor for such an institution and shows how backward the Caribbean legal system is.
To me nothing is resolved until i see a better explanation. This is an insult to our interlectual capacity.
that prove that the ecse is still a waste of time thats why they get rid of the privy council for their interest
Time going to tell in Dominica even the longest rope have a end.
If the ECSC court is saying it is not its duties to make sure constitution laws are upheld in the Eastern Caribbean countries. Where does the opposition or taxpayers of a country go to for redress if a sitting government is violating the constitution of that country?
Very concerned that the ECSC would used the word “Meddle” when dealing with adhering to the Supreme Law of the Land
workers are just a bunch of jokers
so workers not giving up then.they loosing all their cases.is just so they going to loooooose the next election
If the PM decides to seek Parliament’s vote to impose himself as Executive President on the nation, change the Constitution to facilitate that move, and knowing DLP holds the majority in Parliament, just like that becomes Executive President, no Law, no court, no Constitution could help the people prevent such a dictatorial move?
The Courts have no business in Parliamentary affairs?
The Opposition asked in Parliament whether Susan Olde had given US$400,000.00 to someone in Govt. in exchange for a diplomatic passport. No answer to the people. Court ensued. In fact, the Court charged the opposition thousands of $$$$$$$ for wanting to know about the issuing of our Diplomatic passport.
Who must we turn to when matters of Parliament are done in an unconstitutional and unparliamentary way?
A very pertinent and valid question. With 2/3 majority the House could support such a move without the need for a referendum. If that is what, the populace wants so be it but it would mean the death of democracy as we envisage it. We must reflect and consider, very soberly, what future we may be lead into without realizing fully what it entails.
Very week arguments by Janice- if she did not want to meddle or her courts, why hear the matter and more worryingly, wait so damn long to decide that her involvement would affront the high office of PRESDIENT?
This is sickening to say the least and am disgusted by such dishonesty.
They will continue to lose. dishonesty.
Pereira? BVI? Mmmm mm
Did her honour just, in so many words state that the office of the president is above the law?
Why if the court should not ‘meddle’ in the affairs of the president did the high court see it fit ”When their attorneys applied for the matter to be struck out, the High Court judge dismissed that application and ordered that the matter should be tried”. I guess the high court doesn’t share the same ‘personal sentiment’ as Pereira… by the way, isn’t there any legal terms to use in justifying this judgement?
God is watching us from a distance!
it clearly shows that the UWP does not do it’s homework before going to court. they lose to many cases, they are a bunch of young fellows who have a lot to learn.