Linton says short term contract for DPP against the law; calls for treating case to move forward

Lennox Linton

Leader of the main opposition United Workers Party (UWP), Lennox Linton, has labelled the Government of Dominica’s recent advertisement for the post of Director of Public Prosecutions (DPP) on a short term contract as a  clear intention to violate the Constitution and a plot to discontinue the criminal proceeding for the election offence of treating which the Caribbean Court of Justice (CCJ) has ordered to trial.

The published advert invites attorneys-at-law with a minimum of ten years experience and at least seven years of practice in the criminal court, to apply for the position on contract for one year, in the first instance.

Linton is objecting to the short term contractual employment of the DPP, and a UWP media conference on Monday, referred to three (3) sections of the Dominica Constitution in support his position.

Section 88 (1) of the Constitution which states that “the Director of Public Prosecutions shall be appointed by the President acting in accordance with the advice of the Public Service Commission (after consultation with the Prime Minister),” Section 88 (6) which provides that “subject to the provisions of subsection (7) of this section, the Director of Public Prosecutions shall vacate his office when he attains the prescribed age,” and Section 88 (7) which makes it clear that “a person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be removed except in accordance with the provisions of this section.”

Linton holds the view that “the Constitution endows the Director of Public Prosecutions with independence and security of tenure to ensure that the criminal justice system operates on the principle of equality before the law and is free from political and other improper influences.”

The opposition leader noted that based on a February 2000 ruling of the Eastern Caribbean Supreme Court  (ECSC) in the matter of the Attorney General of Grenada vs the Grenada Bar Association, it is now settled law that a contractual appointment to the post of Director of Public Prosecutions which limits of the term of appointment for a duration falling short of the prescribed retirement age, is unconstitutional.

“A contract granting the DPP tenure for a defined period that is incompatible with the constitutional provisions is therefore null, void and of no effect,” he said.

Further referencing the law, Linton added that a Director of Public Prosecutions working under the supervision of the Attorney General is a violation of the Constitution Section 72 (2).

He explained that the constitution provides that the Director of Public Prosecutions functions as an independent servant of the State responsible for the conduct of criminal proceedings, who is only required to entertain general or specific direction from the Attorney General in the discontinuation of criminal proceedings.

“The assignment of a DPP to work under the supervision of the Attorney General is, therefore, a violation of the Constitution,” the Opposition Leader contends. “There is absolutely no provision in the Constitution for the Attorney General to give directions to the DPP in the discharge of his constitutionally authorized responsibilities with one exception and one exception only – the discontinuation of criminal proceedings.”

With regard to the CCJ ruling on a matter of treating in connection with the 2014 elections brought by Antoine Defoe (deceased), Edingcourt St. Valle and Mervin Jno. Baptiste against DLP candidates, including Prime Minister Skerrit, Linton reiterated his party’s calls to the Government to obey the rule of law, honour the Constitutional provisions for equality before the law and withdraw immediately from their “attack on the orderly operation of the criminal justice system.”

On March 9th, 2021, the CCJ, Dominica’s final appellate court, dismissed an appeal by the DLP’s lawyers and upheld the previous ruling of the Eastern Caribbean Supreme Court that the District Magistrate’s Court had the authority to hear the criminal complaints about treating against the DLP members.

The CCJ order states: “The complaints filed by the Respondents and the summonses issued by the Magistrates’ Court are reinstated, and The Chief Magistrate shall proceed to assign a Magistrate to hear the complaints.”

“Twenty-one days have gone by and the Chief Magistrate is yet to obey the order of the CCJ,” the Opposition Leader noted.

He also made known his objection to a letter which attorney for the DLP, Lennox Lawrence, sent on March 24th, 2021, to the current acting DPP demanding that the matter be discontinued suggesting that there is no legal, rational, proper, moral or public interest purpose for the DPP who the DLP members brought to court as a defendant in their 2015 Judicial Review application, to accept this highly irregular request to discontinue the very case that Dominica’s final appellate court has ordered to trial.

According to Linton, such a request underlines the extent to which “the criminally accused DLP members ” have hoisted themselves above the people and the rule of law dictates that “No Law; No Constitution” will prevent them from doing whatever they want, however they want, in the abuse of public office for private gain.

“Call the case” he stressed, “Let justice come down like a river and righteousness like a mighty stream.”

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37 Comments

  1. Viewsexpressed
    April 5, 2021

    Gary, you are so Right our Dominica’ is not a constitutional Monarchy, but also not a failed Labour Party Government Pappyshow with its obvious incompetent Labour government including these Blind incompetent Immature Labour Prime Minister Parl. Rep and this failed Labour incompetent Leadership. DLP is just not focussed, not visionary nor prone to Leadership Material 🥺. Ohhh Yes, this Labour Government is just a politcal Clown🤡 and lack leadership Skills, Socioeconomic development concept but abuse our States funds to gain momentum and gain supporters for votes and that operates through the Red Clinic. Question is, where did and does all that Cash came from?? We hope not from our taxpayers 💰💰.??
    Shameful failed incompetent Questionable Labour Immature visionless Labour party Government and poor Leadership 🥺😮
    Skerrit is a failure.
    We welcome our Decent Trusted visionary mature intellectual professional trustworthy reliable United Workers Party leader Hon. LENNOX LINTON. Welcome 🤗

  2. Zoom
    April 3, 2021

    It’s just ashame what our country has become to. A land where accepting midiocrecy is the standard of life. Mr Linton keep up your honorable standard

  3. April 3, 2021

    Gary, Linclown, 18-3, Paul T, Kid On The Block, Man-bites-dog, and the rest of us, just hold on there to fight for our cause–that is the continuous economic & social growth of our homeland–Dominica. 18-3 of 21 cannot be a loser!

    Keep in mind that we are under the Right Control, who is the Great & Mighty God of Spiritual Light–that Light is blazing in the mind of our Government, especially of our Primary Leader, Sir Roosevelt Skerrit; I speak about our Lord Most High

    When God decides to shine His Light upon His servants and people, that Light is sure to blind those who continue to walk with fleshly pride, disobedience, disrespect, and all the other unlawful behavior against His Laws of Love, they are sure to remain in their sorry state of carnality, blindness, & deafness–they don’t even know it; for the deaf continues to lead the blind. While God’s people & servants continue to walk into victory

    What a sorry state of affair for these guys!

  4. Eagle-Eyed
    April 2, 2021

    Linton, I have only one question for you. How do you intend to ressurect the deceased Antoine Defoe to help you invent the evidence which you think the Labour party is guilty of? If you think that hiring a musician to entertain party members at a rally is against the law, then look closer at your party’s rallies such as at the Goodwill savannah when you also had performers on stage. This looks like double standards to me. But you are notorious for this sort of thing.

    • Eagle-Eyed
      April 2, 2021

      Error. Meant to say Pottersville savannah, not Goodwill savannah. Pottersville savannah is playground for Goodwill secondary school. Hope this clears up my error.

  5. Viewsexpressed
    April 1, 2021

    Well said Rebecca. Thanks much for Sharing. We honour and appreciate our Leader of the Opposition Distinguished Hon. Lennox Linton. A formidable Gentleman who will be our decent, committed, honest and Open Prime Minister.
    We need this failed Immature Skerrit and questionable Labour Government out of our Government and our people ASAP. We have had enough of this on- going Deceitfullness Red Clinic and their blind concept and ineptitude thoughts towards our Development, our Dominica’ and our Parliament. It’s time our people wake up and smell that Red Bobolistic Failed incompetent Labour Party Government.
    This Failed Labour deceptive Red Clinic deceptiveness must Go to Hell away from our government and people.
    Skerrit and his failed questionable Labour government has had enough and must get Out. According to SKERRIT;- “Go to Hell…Go to Hell….Go to Hell (as you said) it’s now none of your Damn Business”. We need you OUT, and we’re gonna clean your dirty House🏠 🥺.
    Hi. Linton…

  6. Viewsexpressed
    April 1, 2021

    Well said Rebeka Casimir. Thanks much. Yes, we are exceptionally Thankful for The Leader of the Opposition Hon. Lennox Linton for coming to our rescue on matters of state.
    Leader of the Opposition Hon. Lennox Linton has committed himself and his Team in monitoring the operations of this Failed incompetent Labour government under Skerrit. The ststedy money had been abused and detected. Furthermore we have had concerns of the abuse of our States money 💰🙊 under this failed incompetent Skerrit and his failed questionable Labour government. Hon Linton and his Professional dedicated committed UWP Team will stand strong and monitor and ask questions of the ongoing expenses of our States limited funds. We know of the abuse and long travels undertaken by Skerrit and we believe that it was not in the interest of our people and country. There has been too much Nonsensical behaviour going on that our tax paying people and others need to know of. Was our States finances abused irregularly? Shame!

  7. April 1, 2021

    It is quite disturbing and sickening that Lennox Linton is always contending against the initiatives taken by the Government of Dominica, always claiming that a certain Law of the constitution has been misapplied.

    What would be the use of the Ruling Party of Government if the Opposing Party wants everything done their way; which is impossible?

    When are those guys going to grow up? Isn’t it clear enough, that the majority of the people of Dominica do not what to be led by small boys and girls? O, gush man!

    • Viewsexpressed
      April 1, 2021

      It’s always disheartening to read the script of this Elizabeth Blind Labour Loyalist. For your information madam our Dominica comes first.
      Where are you in this Scheme of Things?
      Our people and our United Workers Party UWP, have woken up years gone by while you sleep 😌 in slumber with weird dreams 😴. Wake up woman and smell this fake Labour Party Political stench. It’s just a fanfare comical Party with dead thoughts of: “We Love our PM Wi” How hypocritical and demeaning. This man is not Leadership Material and like this ‘Tramp Trump”, we need them out of our government.
      There you go again with your thoughtless demeanor and bashing nonesensical thoughts that you have not researched before you write these Nonsensical ridiculous Labour thoughts on our DNO. Not even your failed Labour people read and understand what is it you are saying and getting at? Be reminded that this Skerrit Labour government has failed us big time and been this nuisance led by this failed incompetent…

      • April 3, 2021

        @Viewsexpress, disheartening if you say so, however, I cannot fulfil your emotion.

        At least you seem to be telling me that you read what I wrote and I am glad that you think I am a Labour Loyalist, I will be no one else, for as long as I live.

        If Prime Minister Roosevelt Skerrit is removed from his Seat, I am sure it will be by God’s Will and the One who replaces him will also work by His guidance–the same way PM Skerrit does.

        However, you and yours are not “OUR PEOPLE” as you continue to claim; you and yours are the blind bats with deaf ears who cannot walk the path of Light for the deaf is leading the blind.

        I am wide awake and I see nothing fake about the Government lead by Prime Minister Rosevelt Skerrit. You and yours are the ones dwelling in fiction, hoping to see the Light of reality through those broken lenses of your eyes. But how can you? For you all do not even know that your leader is performing upside down–how pitiful!

    • VereTere
      April 2, 2021

      Your comments on here are extremely disturbing and sickening for various reasons, not least because, to top it all, you claim to be a Christian. People like you are despicable. Having said that, it just about sums up the fellowship this so called PM has.

  8. Gary
    March 31, 2021

    There is something called pattern recognition, you have done something once, having done it twice is a coincidence, eventually the three actions can suggest a pattern recognition, that pattern of recognition comes from his assumptions and says a lot about his integrity and mentality. The reason why he keeps doing such thing over and over is because he has people who believe what he says, an audience.

    When Linton say a short term contract is a clear intention to violate the Constitution and a plot to discontinue the criminal proceeding for the election offence of treating which The CCJ has ordered to trial, does he have proof to substantiate such a plot. Does he know the person who will fill the position, wow. Short term contracts given to a DPP is not new (stand to be corrected). Where Linton got the idea that the assignment of the newly appointed DPP is going to work under the supervision of the Attorney General, when it is not allowed under the Constitution.

    • Marcus
      April 2, 2021

      How comes YOU believe everything that proven liar Skerrit says. He has promised 1000 of things and delivered one. He raided the CBI coffers but you still believe he is the best thing since sliced bread. I pity you but then again you will have your motives. Red Clinic, Electoral treating and other favours only available to Skerrit deceiples!

    • Zoom
      April 3, 2021

      It’s against the law case close

  9. Rebekah Casimir
    March 31, 2021

    Mr. Linton, THANK YOU for coming to Dominicas rescue. Thank you so much for your tireless efforts at trying to salvage what is left of Dominica. There is not much left of Dominica but had it not been for your efforts there would be nothing left of Dominica.
    You are intelligent and brilliant.
    People, can you imagine what this PM would have done if his crookedness and wickedness was not being exposed by the opposition party? May God continue to grant you wisdom and strength and may the Almighty reward you openly.

  10. Indirah stevenson
    March 31, 2021

    Dominicans ,it is time to open your eyes .Time to think for yourselves.
    Time to look at a matter and analyse it. You have allowed yourselves to be fooled and used for way too long.
    Cant you see it is only the wicked leader and his friends who are reaping and enjoying the good of the land?
    My people open your eyes. Its him,his ministers, his anbassadors that are raping the country.
    Judgement is about to come down. Judgement is about to fall.
    How long will a people suffer? how long will a people cry?
    How dare you say there was no treating? Ask the Nashville Pastor who gave him the ticket to down? Ask him if his cousin the ambassador gave him a ticket?
    he will tell you the truth.
    Ask the people Like the former director of the drug prevention unit who gave her her ticket?
    Ask the Boston pastor who purchased his ticket? It”s rather unfortunate even those who are supposed to looked upon as spiritual leaders have allowed themselves to be deceived by a wicked leader who has his…

  11. Lin clown
    March 31, 2021

    Click here,%,Ibo France,Viewsexpressed 4 COONU.Uncle is saying,one exception only THE DISCONTINUATION OF CRIMINAL PROCEEDINGS.So what is UNCLE point.The CCJ did not ORDER the case be tried at the magistrate court,LYING as usual.The CCJ made a ruling on JURISDICTION.UNCLE is quoting the constitution,but as usual,he and his above mentioned bunch of COONU does not understand.Remember UNCLE thought the position of leader of opposition was continuous,the constitution said otherwise on page 64 section (4) (a).Sec 72(c) to discontinue at any stage BEFORE JUDGEMENT is delivered any such CRIMINAL proceedings instituted or undertaken by himself or any other person or AUTHORITY.Provided that the powers vested in him by paragraph(c) of that subsection shall be exercised by him in accordance with such GENERAL or SPECIAL DIRECTION as the ATTORNEY GENERAL may GIVE HIM.The constitution has 111 pager.Uncle note,ANY OTHER PERSON or AUTHORITY.The majority of Dominicans can understand.Unlike IBO FRANCE.

    • click here
      April 6, 2021

      you reason like a drunk 6 year old. outbursts, name calling, lack of clear thought. Remember, the first person to insult or take criticism personal in the debate, loses. for the sake of the nation, and the region, if the DLP has NOTHING to fear, why not just go through the proces instead of trying to influence the DPP? Especially if a number of the ministers in 2014 are no longer in office. what are you scared of? what are they scare of?

  12. KID ON THE BLOCK
    March 31, 2021

    Mr. is just a big talker and thinks he knows it all.
    Call what! is the question!? How can there be a case where there is no evidence! Man get your act straight and come! You a just a big show man who likes noticing! Don’t do it, let me do, is your DNA. A copier and destroyer. One full of greed, hatred and jealousy. An instigator of war.
    Uncle, you are just a man for yourself and no one else. Very selfish and dictatorial. You do any thing to fulfill your ego for power. Justice will come down righteousness will be like a mighty stream. When that is done, hope you don’t come crying on Q95 to your supporters.

    • Luca Spark
      April 1, 2021

      At the end of the day, there are two sides to ‘treatment’: the giver and the receiver. Dominicans are all too willing to be the receivers and until they change, nothing will.

      • VereTere
        April 3, 2021

        You hit the nail right on the head. Skerrit knows his people and his empire is built on their excessive greediness and general loss of pride.

  13. March 31, 2021

    A very uneducated comment. The fact that the CCJ ordered that the case should proceed in the magistrates court does not prevent the DPP from intervening it also does not prevent the complainants from withdrawing the case. According to the constitution if the DPP has to discontinue a case it must be done in accordance with general or special direction from the Attorney General.

    • FigTree
      April 2, 2021

      …and who is that AG? No other but the most loyal supporter of that so called PM.

  14. What If?
    March 31, 2021

    Hey My people. My name is WHAT IF, which means i ask tuff questions. So here is my question to Mr. Linton:
    So Mr Linton what if the CCJ case doesn’t go to Chief Magistrate Candia Carrette George, in her capacity as Chief Magistrate but goes to her in her knew position as DPP? In other words, what if Skerrit makes her the DPP just to crash that case? Remember Charles Angelo Saverin was a government one day and less than 24 hrs later he was made president by that same Skerrit and used some of the same techniques he is using today. Better yet remember Saverin is a Portsmouth native like Candia and remember who were the last names of the voices we heard during the GON IMMANUEL saga of 2009. So again my question is, What if?

    • click here
      April 6, 2021

      Thats why they advertise the job. They are looking for the right fit. the current Acting DPP isnt a sure bet for them.

  15. 18 to 3
    March 31, 2021

    No matter how hard Linton tries we have already decided that he will never become Prime Minister. If he thinks that CCJ ruling will help him become PM he better think again because we have that thing well plan already. Here is our game plan Linton:
    1. I can assure you that the CCJ ruling will never go through the Magistrate Court, because apart from the chief magistrate there is not another one that will rule in our favor.
    2. We have already identified our new DPP, who will deliver us the victory.
    3. I can tell you that our new DPP is a female from Portsmouth and their is no way she is going to disappoint us with the likes of the AG, Alick, Lennox, Ian, Austrie are all from Portsmouth and PM passes through possie everyday
    4. We all love our Candy and as our pastors wife, we know she is well loved and we know she will deliver on our behalf.
    So Linton relax because we have our game plan already and therefore what PM says or does is just part of our game plan

    • Viewsexpressed
      April 1, 2021

      Hon. Linton will be our bePrime Minister. Therefore be prepared it is going to be 18 seats for Hon. LINTON’s and the rest to cry in the arms of failed immnature Skerrit.
      It’s time we let this failed incompetent Questionable Labour government get Out. They have failed us struggling people. Too much RORO and beff within this Failed Labour Party Government and its Childish Immature visionless Incompetent Failed Prime Odd Minister of this failed incompetent Questionable Labour government.
      Our Dominica is in desperate need of decent leadership and honourable people whose interest will be first in our people and our Dominica. Get Skerrit and his failed Labour Party out of our government.
      Welcome 🤗 Hon. Linton and his trusted competent formidable decent UWP Team Dominica’. We need to move on.

    • Managua
      April 2, 2021

      You all be very careful that you don’t bite of more than you can chew. This government and its main enablers are living on borrowed time. 3 to 18!

  16. Ibo France
    March 31, 2021

    JUSTICE delayed is INJUSTICE!

    Skerrit, his spineless inner circle and the verbal arsonist (As=taphan) are nothing but chickenhearted kittens. Their usual overly aggressive tone is nothing more than a façade to conceal their cowardice.

    They are doing everything in their power to avoid having to face the election charges of treating. Why not let the matter go before the magistrate and allow the chips fall where they may?

    No, they don’t want to chance it and lose. There are too many scandals that might be unearthed when the regime falls.

    Beleaguered Dominicans yearn for a welcome change, a fresh start, unity of purpose and an equitable share of all the country’s resources. For how much longer should these aspirations he shelved?

  17. Viewsexpressed
    March 31, 2021

    Well said,, no 0/0, thanks for your Commentary on behalf of our people.
    Thanks 👍 Bro for your Commentary.
    All the Best

  18. click here
    March 31, 2021

    That was a no brainer. Been saying that since i found out she was on a 3 month contract. It wont be renewed if they feel she is NOT totally committed to the DLP. But yet the authority and position of the DPP SHOULD NEVER be influenced of controlled by any organisation. That in itself would be an indication of utter corruption, where a political party can control the decisions of the Director of Prosecutions for a nation. The CCJ says there is much merit in the case and it SHOULD be tried. So they left it up to the DPP to ensure that it goes through with the appointment of a magestrate. the criminals are trying everything possible to persuade her not to. They seem to be failing at that, that is why they are quick to advertise the position. She will be replaced very soon. And that case will be quickly thrown out at the behest of the Attorney General, and the legal team for the DLP.

  19. Ibo France
    March 31, 2021

    It’s now as conspicuous as the mid-day sun on a cloudless day that Dominica has mutated to an ‘absolute/constitutional monarchy’. One man has absolute poser -King Liar.

    Under Skerrit’s charge, DEMOCRACY has been turned on its head. One man is now in absolute control of the parliament, judicial system, electoral system, police force, pubic service, in fact, the entire governance of Dominica. So much so that Dominica now rubs shoulders with China, Russia, North Korea, Belarus, Myanmar.

    When the citizenry of a country is docile, passive, lethargic and beggarly , dictatorship flourishes; inequality between the Have’s and the Have’s-Not widens; police brutality becomes prevalent; poverty is entrenched and one political leader rusts in the top seat of government.

    To unseat Skerrit from his throne in the $29 000 000 palace in Morne Daniel, there must be a ground swell of support from the ordinary citizens.

    King Skerrit and his circle of loyal subjects have to go for justice…

    • Gary
      April 1, 2021

      Your propaganda is so pathetic. You must learn to write the truth not fabricate the truth. When you say, “Dominica has mutated to an ‘absolute/constitutional monarchy.” I wonder if you really understand what you have written. When you make statements about your Country regardless of your political partisan beliefs, you do not need to lie. Dominica is not a constitutional monarchy, why write such propaganda.

      • Viewsexpressed
        April 2, 2021

        Gary, we are in agreement with you and in your own despicable words, this represents you wholly. Have a good read to digest your despicable thoughts. Here goes.
        You must think before you pen rubbish thoughts. You know why? Because as you point your dirty Labour finger at us, four of your deceptive fingers are pointed back at you. We hope you get the bigger picture
        of your blind idiotic scandalous thoughts.
        Gary: ” Your seemingly propaganda is so pathetic. We advise that”. You must learn to write the Truth and not fabricate the Truth” Stop trying to protect your failed incompetent Questionable inmature failed Labour Leader Skerrit. He is Not leadership material and knows absolutely nothing of Socioeconomic development concept to be ably knowledgeable of the concept of Development and we are not referring to Skerrit’s outrageous devious Insulting Red Clinic. Rather than creating decent jobs for our Suffering people and families you created this fake Red Bobol Clinic 🙊. Shameful…

      • Rodeo man
        April 2, 2021

        You are for sure a sorry corrupted creature… Tell us how it feels going through live without ‘back bone’.

      • Viewsexpressed
        April 3, 2021

        Gary, behave yourself and go smell the rotten Coffee. Stop your Nonsensical idiot thoughts that takes us nowhere. We need to take our Dominica back from this failed incompetent Questionable inmature failed Labour government and its incompetent failed immature childish Leadership.
        Now, Gary, your thoughts are obviously pathetic and you’re further Blind 😮🤐 and dumb to the facts and reality close to you of this failed incompetent Questionable inmature Skerrit who has shown us that he lacks knowledge of Socioeconomic development the reason why after , 20 long years in office he just behaves as this fake Odd Minister who should not and must not now be serving as our Dominica Prime Minister. This Labour government & its failed Leader, Blind loyalists followers are helping Failed incompetent Skerrit who has destroyed our economy, our agriculture and our farmers now unable to rip their produce to feed their families. We need Change and SKERRIT MUST “GO TO HELL” OUT!
        We Welcome Hon…

  20. %
    March 31, 2021

    That’s why i highly respect this man Lennox Linton for his brilliance, and his ability to do all requisite research in whatever subject matter is before him. Well done patriot!!!
    What is playing out before our eyes, is a DELIBERATE move to deny Dominicans justice in this case, and we must not allow it to happen! NEVER!!
    Those of us blogging, must inform as many people as possible about what’s happening, because we could have to hit the street too.
    Please bloggers who love Dominica, lets do our work!!!
    Remember
    GON Emmanuel was denied justice!!!!
    Gretta Emmanuel was denied justice!!!!
    Antoine Defoe was denied justice!!!!
    The people of Salisbury were denied justice!!
    Lennox was denied justice when two mercenaries went to his home to seek blood!!!
    Are we going to be denied justice in this one????
    Remember noone is above the law, and this applies to Skerrit and his gang too!!
    Next week will be interesting!

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