Judge denies application to recuse herself from electoral reform case

Lennox Lawrence (left) leaving the courthouse. In the foreground is Cecil Joseph, the manager of DBS which is a respondent in the matter

An application made by lawyers for the Concerned Citizens Movement (CCM) to have High Court Judge, Bernie Stephenson, recuse herself from a matter on electoral reform now before the court, has been denied by the judge.

On Friday, November 29, 2019, both sides put forward arguments but lawyers for the government opposed the application.

According to the lead lawyer, Lennox Lawrence, they opposed the application to have the judge recuse herself and he is now happy that she has ruled in his favour.

“We vehemently opposed the application based on the law; the application could not succeed because you had to show bias on the part of the Judge (clear law on that) the affidavits in support of the application was totally deficient making some sensational political comments which were irrelevant to the matter and so the Judge ruled that she will not recuse herself and has given us directions to file submissions for trial,” Lawrence told reporters outside the courthouse on Saturday.

Loftus Durand and journalist, Curtis Matthew, outside the court

However, he explained that on Monday, December 2, 2019, when the matter goes to trial, they will be contesting the application for judicial review.”

Lawrence called that application “an abuse of the court’s process.”

“We are saying it is an abuse of the process of the court and we are saying that the court does not have jurisdiction to hear that matter and is asking that it be struck off,” he argued. “This should not be for court but for the political platform; it has no merit at all. We are asking that this matter be thrown out of the court since it’s a total abuse of the court’s process.”

Cara Shillingford, the lead counsel for the applicants has refused to speak on the matter until after the court makes a ruling.

The president of the electoral reform pressure group, Concerned Citizens Movement, Loftus Durand, and six other persons, have filed an application seeking the deferment of the December 6 General Election in order to have electoral reform implemented before elections can be held.

 

The lead lawyer for the applicants, Cara Shillingford

 

One of the applicants in the matter, Dr. Irving Pascal receives a hug

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20 Comments

  1. pureblackmagic
    December 3, 2019

    I once believe that justice was blind, then I tend to forget that the justice system are the eyes of men, this matter even a blind man can see it’s necessary fair and needed, yet you are turning you head towards greed and unfair practice, and you call yourself a judge, you should be ashamed of yourself.You supposed to stand for justice and justify right from wrong.

  2. iprotest
    December 2, 2019

    That judge will be dealt with at the appropriate time
    There is no way that we can honor her in a UWP administration!

    Pack your bags woman!

    How does it feel to be a traitor!!!!

    • Truth
      December 2, 2019

      You people are disgusting. The way you treat judicial Officers is appalling.

  3. D/can to d bone
    December 2, 2019

    What elese u all expect…skerrit run tings we…when he pay up them people what else u expect…there pocket getting fatter while people stuggling. Guys just let it be eh. We all gan feel de blow tomorrow but God will vindicate his people. GOD IS BIGGER THAN DE JUMBIE.

  4. December 1, 2019

    To the supporters of the UWP, when are you all planning to open your eyes to the Light of victory and close it up from that of darkness and defeat? What is your pleasure with the mentality?

    Your people have been plaguing your minds with the same product of darkness and defeat, maybe for all of your lives, just as in your responses to that message above: “Skerrit is the reason she did it” how foolish! Why can’t you all simply admit that such a request would be rejected?

    No wonder you all are just a meg few, the Light will always overshadow the darkness. Victory will always be sweet and defeat will always be bitter. Get out from the dark and bitter lest you all die in it

    Also, that kind of mentality is a bad feeding for the minds of our young generation; who will be the adults of tomorrow, unfortunately, it is becoming from bad to worse–Lord, help us!

  5. Oh Mel
    December 1, 2019

    When you go to court on Monday, ask Justice Bernie if someone with Canadian citizenship can be nominated as a cadidate for Roseau Central in Friday’s election. :twisted:

  6. Danziger
    December 1, 2019

    Batte core zor con di MASSISI LA BAT LI. PM NOUS,BYEN BONJOU, DONT FORGET WE LOVE OUR PM.

  7. Ibo France
    December 1, 2019

    One of the last things that a people loses is confidence in their justice system. When that happens anarchy usually tends to follow. Dominica is heading down the wrong road. The road is rocky, uneven and driving on it is treacherous. The present diver is completely intoxicated with power and the lives of the passengers are in serious jeopardy. A new driver is needed to maneuver the bus on this bumpy and perilous road. Vote the present corrupt driver and his blind conductors out of the seat of power. Let’s put a much more competent, level-headed driver behind the steering wheel.

    • December 1, 2019

      @Ibo France, “One of the last things that a people lose is confidence in their justice system”.

      And one the first then the UWPites fail to acknowledge is that the “People” in question have to be the majority, and it will be certain that the Law enforcement will be at work to serve the people–keep this in that “minority” mind of yours or join forces with the “majority” where you will always be full of confidence.

  8. Jack Sparrow
    December 1, 2019

    Ok, all we would like you to do, is give your ruling early Monday. We already know where your allegiance stands. This is just a process of getting you out of the way. Your ruling holds no water.
    So hurry up, do your do, and allow us to get some justice at the CCJ.
    Mis Shillingford, I trust your appeal submissions are already typed and prepared for the ruling that we expect to go against us, so 15 seconds after Judge Stevenson gives her verdict we can appeal. We not wasting no time here at all.

  9. Manicou
    December 1, 2019

    Them guys are a set of jokers 😀😀😀caribbean laughing bunch…..

  10. Cat
    December 1, 2019

    Barl….pour zor🤣🤣🤣🤣

  11. RandyX
    December 1, 2019

    I didn’t expect anything else. These people have no shame. One can’t have justice in DA anymore unless one is a supporter of the Skerrit regime. The same way one can’t expect fairness in DA from the police force unless one is a Skerrit regime supporter. Skerrit needs to be stoped, we are on our way to a fully blown dictatorship! People take note, it’s in your hands!!!

    • December 1, 2019

      @RandyX “People take note, it’s in your hands!!!”

      The people will always be the majority; their mind is already versed with the necessary “notes”. The voice of the disgruntled few cannot be heard over that of the majority.

      It is factual that words are extremely powerful, it is the product of the mind, that is why the World believe that God created the Universe by His Word–starting with: “Let there be Light”. The apostle John tells us that Jesus is that Light–the Word of God

      My point is that you guys have plagued your minds with darkness and futility, and every time you form those products by your words–the fruit will manifest but only for you and your company.

      Like, “One can’t have justice in DA anymore unless one is a supporter of the Skerrit regime”.

      That is the product of your mind, your first line said: “I didn’t expect anything else”. That is what you perceived and that this what you received. What can you do with it?

      • Sweet Rose
        December 2, 2019

        So much is said, yet nothing makes sense in the eyes of the wise. Such discombobulated comment gets no traction from readers who know what’s right and what’s wrong.

      • RandyX
        December 2, 2019

        Is it…? Your mind is that of a hypocrite. So you make it up as you go along. If YOUR PM had given the country what it wanted, namely electoral reform, I would be so bold now to predict a heavy defeat for Skerrit and the SLP of Dominica.
        Have you ever asked yourself why Skerrit is so against electoral reform??
        YOUR PM is a gangster!

  12. Surprise!
    December 1, 2019

    “…the Judge ruled that she will not recuse herself…”
    Of course that was her ruling, of coooourse.
    I am not the least bit surprised. After all she is a key player in Skerrit’s team for country domination. I am willing to bet $500 that justice Bernie will rule in Skerrit’s favour on Monday. In fact, I am betting all my savings, $1000. H*ll with it, I can’t lose this bet!

  13. Born Dominican
    November 30, 2019

    I can already envisage where the case is heading because the lawyers representing the government is already having their way as in the past and the judge refuses to recuse herself.

  14. Garvey
    November 30, 2019

    The Judge has shown in the past that she is partial to the Skerrit administration, so it is not easy for her to be honest in her decision. Keep the protest on and if need be appeal.We all know they are all have been tainted by Ali Baba/King Liar.

  15. Jojo
    November 30, 2019

    Just let elections call and finish with that na! Too much political drama in the country. Stupes man!

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