Incitement case against opposition figures further adjourned

Israel Khan (left) and his son, Israel Khan Jr., who’s also an attorney, outside the court house

The controversial incitement case against former Prime Minister Edison James, former United Workers Party (UWP) senator Dr. Thomson Fontaine and Opposition Leader Lennox Linton, was adjourned to June 11, 2019 and presiding magistrate Asquith Riviere has issued a ban on the media and the general public coming to court and listening to the matter.

Linton was present in court today but James, who has not been served, was absent and a warrant remains in effect for Dr. Thomson Fontaine.

Lead counsel for Linton, Gildon Richards, told the court that he was not properly served with court documents and asked that the matter be adjourned for that to happen.

“You have to file the documents in open court and then serve me but that was not done. We want to have the same documents that were filed since we intend to cross examine all 64 witnesses,” Richards told the court.

He also gave judicial notice that he also intends to file a ‘no case submission’.

In response, Magistrate Riviere explained that his role was not as “judge and jury”.

“My role is to find if there is a premia facie case…I am not trying the matter,” he said. He also admonished SC Israel Khan who stated that this matter is “bigger than murder and has regional and international implications and the world was watching.”

“I am not presiding over a political case and I hope counsel on both sides get that. I am presiding over a normal trial and I want counsel on both sides to allow me to do my job as I know it. I am following the Magistrates Code of Procedures Act,” Riviere said and then stated that come June 11, 2019 the matter is “closed to the general public.”

Speaking to the press after the adjournment, Richards stated that “the prosecution obviously was not ready to enable us or the court to proceed so the court has ordered the prosecution to put their house in order and we will be back in court on June 11, 2019. You also heard certain things being said in court including an admonition that members of the public will not be entertained further in this matter.”

He continued, “I believe that notwithstanding the fact that someone may have statutory discretion but the law is clear that no statutory discretion must be exercised unreasonably. I say it without a doubt and with deep conviction that the order by the Magistrate (Asquith Riviere) that the public should not attend this hearing again is very, very troubling.”

Richards called it “troubling not only for us (defense) but also for you (the press) and every Dominican. Your business as a journalist is to see that every Dominican gets a fair trial. My client asked for a seat saying he was not feeling well but was refused by the magistrate. We intend to cross examine all 64 witnesses,” Richards stated.

Meantime, SC Israel Khan said “he was not aware of the practice.”

“I was aware of the law…it seems that the practice is going against the law. It is an important matter dealing with the leader of the opposition and it needs to be expedited this is a potential Prime Minister. This is more important than murder…this charge is bordering on treason and the country should know if the potential Prime Minister has anything hanging over his head,” Khan said.

He continued, “I don’t know the date of the general elections in Dominica. I thought it was September 2019. I am a lawyer not politician. I am not satisfied as to how the matter went today I have my own schedule also. I don’t represent the State, I represent the Police in this matter and the State will be paying my legal fees.”

He added, “This country is am impoverished country. The Caribbean is watching. The statement I see submitted by the police is an extremely strong case all be it circumstantial. Skerrit must go…but by the ballot.”

 

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.

47 Comments

  1. Shaka Zulu
    January 24, 2019

    Ok DNO i guess my previous post were too rebellious so i will be nice this time. These lawyers look like snake oil sales men. How can this guy say he is working for the police and not the government yet the gov is paying his tab. He directly indicated we are impoverished and indirectly calling us stupid. The Police is an arm of the government. We do not have a private police force. Well i take that back. The police force leadership acts like its the PM private security. The parliament, police, treasury, registry, passport belong to the entire population. We put people incharge to oversee our affairs and to better entire country. It seems more money going out from treasury to foriegn lawyer, schools in US, foreign companies and industries. The balance is used for political means. Where will that take Dominica? To the next level like Venezuela.
    When men like this come and insult my intelligence i get pissed. Dominicans need to wipe the veil off thier eyes.

  2. January 24, 2019

    Afraid Karl. Afraid Karl. Tell Chalky so. He probably should have brought in the QC from Antigua.

  3. Bob Denis
    January 23, 2019

    Israel Khan is representing the police , my question , does the Police have the right to employ this divisional lawyer , without doing their research ? an easy payday i must say . Dominicans should be demonstrating around the court house showing their utter disapproval . Mr Khan have his own agenda on this brief , presently in Trinidad , this Lawyer have been in the forefront of some coded legal action that would make JIM CROWE smile profusely . Dominicans really don’t know of the ISMS and SCISMS that makes up the Trinidad political landscape . The Police have made this case very political , is the tail wagging the DOG ?

  4. Ibo France
    January 23, 2019

    We are living in very perilous times. Everybody with a normal brain knows that the coup d’état was a figment of Skerrit’s imagination. Only in rogue countries the media and the public are barred from these kinds of court cases where national security is not threatened. Mr. Asquith Riviere should be debarred as he appears to be an errand boy of the nakedly corrupt, incumbent ill-administration. This step is certainly the beginning of the end of democracy in Dominica. This one act is unmitigated totalitarianism. Democracy has been dealt a fatal blow.

  5. sugarsugar
    January 23, 2019

    the word is “Prima facie”

    • Pipo
      January 24, 2019

      That is two words!

  6. carib
    January 23, 2019

    This needs to be heard by Dominicans, the press and – the world community. They are claiming treason and some serious charges by extension needs to see this case in the courts. This needs to be highlighted at the UN – how do we allow a son of the soil to be treated as committing treason.

    Different times – same BS, big vs. small Caribbean island. What is the Trini dollar next to the EC again?

  7. carib
    January 23, 2019

    SC Israel Khan who stated that this matter is “ regional and international implications and the world was watching.” “I am not presiding over a political case…… I am presiding over a normal trial” Riviere:s “closed to the general public.”

    Did I see right? A case claimed to be “close to treason” MUST be accessible to the public. – it affects every DOMINICAN. Do we now have a dictatorship in Dominica? Where is the right for the press? This needs to be highlighted to the WORLD Community including the UN. This is EXTREMELY serious stuff. Whatever you ite, this is a son of the soil and we should stand up that each Dominica is treated with dignity – not fabrications to put people away permanently because a gov’t is clearly falling. Wake up DOMINICA.

  8. LaPLaine Observer
    January 23, 2019

    This fabricated and meritless case, is the definition of suppression of the right to assemble and protest. Dictators have a way of silencing their critics and this trend is on full display here in Dominica.

  9. Jonathan Y St Jean
    January 23, 2019

    Thanks, Mr. Khan for reminding Skerritt and his goons in the police force that this country is an impoverished country. Not only is it impoverished in terms of money but in terms of vision and political governance. Skerritt has made Dominica the laughing stock of the Caribbean and the world. It’s time for sanity to once again return to Dominica’s governance

  10. Looking
    January 23, 2019

    So it will take a regional organisation to tell us, we are not biased to education and an individual to tell us we are an impoverished state. I guess we are still in the Matrix, in a bubble.

    • %
      January 23, 2019

      I think that some of us knew that Dominica is an impoverished country,but trust me some Labourites don’t . Dominica relient only on passport sales is indeed an impoverished country.

  11. Ibo France
    January 23, 2019

    How OXYMORONIC it is for an IMPOVERISHED COUNTRY to pay HIGHLY PRICED LAWYERS to prosecute members of the opposition on DUBIOUS CHARGES. Skerrit and his devotees have weaponised their positions of power to totally torpedo all opposition. Instead of using the human and financial resources to elevate and advance the country, they use them for selfish, destructive means to maintain power. The Skerrit-led DLP concoction, is a government that has lost its way. Their time has long expired. The present administration is causing irreparable harm to the country just like if one consumes goods that are expired. Time for them to exit office. Flog them mercilessly with your votes.

  12. Dcan runaway
    January 23, 2019

    What does Isaac have to say about this when he was sitting at the meetings planning the protest?. At Mahwah sa! Dominicans..my sweet Dominica is crying for help. Clearly Skerrit is trying to make Linton get rid of Linton at all cost..no matter the expense to the nation – financially and otherwise. Do you really think a potential investor will want to invest in a country where there is riot and coups..Only the criminals who want passports. But clearly he doesn’t care the impact of his action. Sadly many smart ones who can actually make a change or influence a change are receiving jumbee money and the poor others have been brain washed by the dimples, materials and promises. Alas Alas Alas.

  13. My little take
    January 23, 2019

    This song was written in 1968 but it is so relevant to where Skerrit has brought us to in his 15 years as PM https://www.youtube.com/watch?v=X7Pp56yrlKw

  14. Man bites dogs
    January 23, 2019

    All blue dogs and idiots are on the loose once more barking 24hrs a day 365 days a year trying to tell others how to do their jobs but none of them idiots don’t have enough intelligent to turn 50cents into a dollar if you know what I mean!!! All ba ba ba ba black sheep.

  15. Ibo France
    January 23, 2019

    When the people become docile and lethargic democracy runs amok. The magistrate, by capriciously denying the press and the public access to this hearing that could have grave consequences for the country has engaged in a gross erosion of our democracy. By his bizarre actions, he appears to be a renegade. Dominicans must stand up and speak out otherwise one morning they will wake up and find themselves living in a fully fledged dictatorship.
    WARNINGS:
    * There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice.
    (Montesquieu)
    * All tyranny needs to gain a foothold is for people of good conscience to remain silent.
    (Edmund Burke)

  16. Zor Sot
    January 23, 2019

    “My client asked for a seat saying he was not feeling well but was REFUSED by the magistrate.”

    Ayeeeee Dominicans, today is Lennox’s turn, tomorrow is yours!!!! Remember what you wish for others, you shouldn’t be afraid to wish for yourselves eh!!!

    • %
      January 23, 2019

      Agree with you on that !!!
      It’s eat still .

      • %
        January 23, 2019

        It’s early still

  17. Think for YOURSELF
    January 23, 2019

    “…I say it without a doubt and with deep conviction that the order by the Magistrate (Asquith Riviere) that the public should not attend this hearing again is VERY , VERY TROUBLING.”

    Dominicans allu not OPENING ALLU EYES!!!!!

  18. Zor Sot
    January 23, 2019

    “This country is an IMPOVERISH country”

    well ain’t that a slap in our face!!!!! Dominica regardless of what PM telling us, WE POOR!!!!!

    • Ti Garcon
      January 23, 2019

      I feel well shame!

      then again im not a begger, but this is a begging nation so i guess nost of us wont feel no shame about that statement.

    • Faceup
      January 23, 2019

      But it’s TRUE, Dominica is a very poor country, all the island does is BEG..

  19. jamie
    January 23, 2019

    Dominica is doomed and no turning back,Skerrit has brought pure hate and greed,this nation is cursed.

  20. FBI AGENT
    January 23, 2019

    “This country is am impoverished country. The Caribbean is watching. The statement I see submitted by the police is an extremely strong case all be it circumstantial. Skerrit must go…but by the ballot.”

    Mr Khan, please be informed that not only is the Caribbean watching but, most importantly the free world is watching at the Chavez, Maduro, Venezuela like level of madness our carbbean leaders, especially CARICOM, allowed Skerrit and his evil gang do to our country. We in the US are glued sir

  21. UKDominican
    January 23, 2019

    A scathing indictment of our judicial system bySC Kahn. I do believe the defendant to be innocent but let the court decide this in a fair and open trial. Right now it appears to be a vendetta against Mr. Linton to remove him from the political scene at all cost. Mr. Skerrit is showing his cards. This, combined with his uncouth behaviour in the House yesterday is counterproductive and helps to elevate mr. Linton into the position of the underdog, if not a martyr and public opinion is always with the underdog. Not a smart move mr. Skerrit and I would think that your costly PR team must be in despair. This is bad publicity for my Dominica and I know that even my friends in the Labour Party are not amused.

  22. Neville
    January 23, 2019

    As I said before Dominica is on its way to a dictatorship. Issuing a ban to public and media in an important case like that is clearly not right. Skerrit has to go!

  23. Ibo France
    January 22, 2019

    This case is the perfect example of the misuse of power by politicians to intimidate, harass and ruin their political rivals. This is a complete waste of scarce taxpayers money on shark-like lawyers. It is an exercise in futility. This blatant lie, this cruel persecution, this attempt at crushing the opposition is tantamount to mental and psychological terrorism. In light of this bizarre and brazen attempt, by this noxious and demonic maladministration, the business sector, civil society and the clergy remain eerily silent. Bad governments continue their reign of terror on the people when good people remain silent. This is a regime concocted of soulless, uncaring, selfish bandits and gangsters wearing suits. Don’t expect them to be law abiding. Nothing lasts forever. Their reign of intimidation will come to an end and soon. Dominicans arise and take back your country, with your votes, next election.

  24. Not A Herd Follower
    January 22, 2019

    The statement of the loquacious senior counsel from Trinidad and Tobago confirms that the public’s suspicion that the motive of the case is to destroy Lennox Linton and Thomson Fontaine politically by sending them to jail. Now, the attorney is claiming the charge against the Lennox Linton (as well as Fontaine) is bordering on treason.

  25. Not A Herd Follower
    January 22, 2019

    Why has Asquith Riviere banned the public and the press from attending the case in Court? Is he afraid of being put under the microscope? Does he believe he is free from criticism?

  26. Not A Herd Follower
    January 22, 2019

    Is the senior counsel right in his head?

  27. Lady Valley
    January 22, 2019

    What is this country comming to? Presiding Magistrate Asquith Riviere has issued a ban on the media and the general public in coming to court and listening to the matter.

    That alone tells the whole story.

  28. Workers of Iniquity
    January 22, 2019

    Here is SC Israel Khan on Dominica “This country is am impoverished country….” That is Skerrit’s Trinidad lawyer folks. But my question is, how could we as an impoverished country hire a foreign SC to try to hurt our son of the soil?
    Here is SC Israel Khan again : “The Caribbean is watching. The statement I see submitted by the police is an extremely strong case all be it circumstantial…..” OH MY God please don’t turn your back on us.
    Here is the real reason behind this case, according to SC Israel Khan: “It is an important matter dealing with the leader of the opposition and it needs to be expedited this is a potential Prime Minister.” Guess no more folks, This case is about stopping Linton from being Prime Minister!!!!
    Here is SC Israel Khan again: “This is more important than murder…this charge is bordering on treason and the country should know if the potential Prime Minister has anything hanging over his head.” So why then the magistrate banning the public and…

    • %
      January 23, 2019

      This is very well planned,and it has hatred for honourable Linton written all over it!!!!
      When you have a corrupt state, that’s what the money is used to do.To persecute,jail,taint,etc your opponents. In a corrupt state,the court must be corrupt also…An Impoverished country d
      eh!!!

  29. Sisserou
    January 22, 2019

    Looking at the picture right there reminds me of the movie “dumb and dumber”

  30. Texas
    January 22, 2019

    The trumpets are blasting and the bells are ringing, who have ears to hear let them hear. “Come June 11, the matter will be closed to the public”. Dominicans did you all read this? There is something wrong with this picture. Not long ago Mr Skeerrit, the PM said that Dominica doesn’t need an opposition, now we see almost the entire opposition, including members of the freedom party were arrested and dragged to court. My Dominican people, you all may be laughing at Lennox and Thomson and Bosso, but if you all put Skeerrit back in office later this year, there will be no-one to turn to. When you go to the shops and cannot afford to buy bread and milk, you all will wish there was an opposition, but it will be too late, it will be Skeerrit and his wife and 2 children running Dominica like their personal business, because he said with his own tongue that Deemitree will be taking over from him in 50 years.

  31. The prophetic Voice
    January 22, 2019

    This case of mischief is nothing more than their hatred for Lennox Linton, who will no doubt be the next PM, no matter what they do or say. The world knows the corrupt Skerrit, his corrupt police, and corrupt lawyers are doing everything to see if they can stop Linton from becoming PM only because they feel Linton will make some people pay a price for what they have done to our country. But I want to let them know they can’t stop that move because it is of God! That case reminds me of how the evil religious leaders arrested Jesus and how they tried everything to jail him because they didn’t want him to be seen as King of the Jews. Finally they paid one of His very own disciple by the name of Judas Iscariot, who helped fabricate a lie which led to his death. But not even His death could stop God’s plan. Today we see Joseph Isaac playing that role for Skerrit. But I want to warn you my friend and I call on your friends and loved ones to warn you because you playing with fire

  32. foreign observer
    January 22, 2019

    On what grounds has Magistrate Riviere determined that this case be heard “in camera”? No media presence, no members of the public? For a hearing to demonstrate whether the prosecution has a case to be made (“prima facie”)?

    I can – maybe – understand issuing a publication ban on evidence presented, as frequently happens in other jurisdictions for a variety of cases, but an outright ban of anyone other than prosecution attorneys, defense attorneys, witnesses and those charged??!! Could someone please tell me where I can find the relevant section under the Magistrates Code of Procedures Act for Dominica? Is it online somewhere?

    Deplorable.

    • foreign observer
      January 23, 2019

      Magistrate Riviere has acted under the following section of the Magistrates Code of Procedure:
      PART IV
      PRELIMINARY INQUIRIES
      38. The room or place in which a Magistrate holds a preliminary inquiry shall not deemed an open court for that purpose. It shall be lawful for the Magistrate in his discretion to order that no person shall have access to or be or remain in the room or place, the counsel or solicitor of any person then being in Court as a prisoner only excepted, without the consent of the Magistrate if it appears to him that the ends of justice will be best answered by so doing.

      From all the court reporting on DNO, it seems that this provision on the part of the presiding magistrate is seldom exercised. Even for violent crimes. So why does the magistrate decide now to apply this particular letter of the law? The charges arise from a public event and has already been covered extensively by the media. The ends of justice will be answered by access for all!

      • UKDominican
        January 24, 2019

        This is interesting, except of course that in this case the accused would not be a prisoner and it could be argued that this ruling does not apply. Both Asquith and Gildon are ex members of the police force and I only hope that one is not pitting his wits against the other like two cocks in a fight, in a sad attempt to show superiority. That would be a big mistake. The issue at stake is too hserious for that.

  33. Stupes
    January 22, 2019

    “This country is am impoverished country. The Caribbean is watching. The statement I see submitted by the police is an extremely strong case all be it circumstantial. Skerrit must go…but by the ballot.”

    Look even skerro lawyer saying he must go, by the ballot? If is me that is skerro, I not paying that lawyer there and his child.
    Alas, so even skerro lawyer that getting paid from our tax dollar seeing we impoverished? PAPA. No wonder the world is watching, they must be wondering how an impoverished people can allow their government to spend so recklessly on attempting to remove any opposition.

  34. %
    January 22, 2019

    Khan this case is purely political…Nothing more nothing less!!
    What exactly you are trying to say about it is bigger than a murder case, is laughable..
    How did you know that polling day is Sept 2019?
    Boy look “””MARGEE”” in my IMPOVERISHED ountry we.
    Hold them down Mr Gildon Richards . Kudos

  35. Gouvelma
    January 22, 2019

    Mr Nicholas George are you worried? Can you see it? My words to you are coming to pass. No matter how hard the lawyer try Riviere is going to find a prima facie case and send the matter to the high court. Interestingly if they were charged for drug related offenses like his fiends in Antigua we would be singing a different tune. Riviere stop being so DIRTY.

  36. Gouvelma
    January 22, 2019

    I spoke with Nicholas George a long time ago. I warned him that the men need not fear the police. Their biggest fear should be Asquith Riviere. His attempt to ban be press from the court should frighten the rest of the world. This is not a sexual case. It is Riviere showing us just who he was just before he retired in Antigua. He is Co×××pt. He will play the tune ordered by the puppet master. Can he tell the world the reason for advancing the case three months ahead of time knowing fully well that the police were not ready to proceed. Was that his unilateral decision or was he taking political instructions? Mr Magistrate, you are a retiree on contract. If your contract is broken you will be paid. So do the right thing. You are disabled. Let that be physical and not morally. You left Antigua with quotation marks around your character. Dont go to the grave tarnished. Clean your hands.

  37. %
    January 22, 2019

    All the weapons thrown at the leadership of the UWP, will return to those throwing it . Is this the stalled truck coup case? This coup only occurred in Skerrit’s mind. What a mockery of leadership by a lazy leader..Khan is correct to refer to Dominica as an IMPOVERISHED country ..We know that Mr Khan!! It became IMPOVERISHED under Skerrit’s 15 years of incompetence . Let’s see if his attack dogs will attack you..
    Why will the public not be allowed to enter the court and listen?
    This is troubling to me too! We will watch this one!
    Well done Gildon.
    Remember Khan told Skerrit’s Labour ites that Dominica under Skerrit’s rule is an IMPOVERISHED country.
    Skerrit Must Go
    Skerrit Must Go
    LAZY Skerrit Must Go Now

    • BB
      January 23, 2019

      Now you want to pray Mad Max, poor pity %. Skerrit will go down in history as the best, while Mr. Potato 🥔 Head % will be the meanest and most belligerent person in Dominica.

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