Tuesday is decision day in the elections petitions against Prime Minister Roosevelt Skerrit and Education Minister Peter Saint Jean, brought by defeated UWP election candidates Ron Green and Maynard Joseph.
The prime minister and his education minister are accused of having breached the country’s constitution – they are alleged of having been citizens of France when they were nominated to contest the general elections of December 18, 2009.
According to the Constitution of Dominica, “A person shall not be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state…” However the prohibition does not apply to citizens of Commonwealth countries.
The court judgement from Justice Gertel Thom on that dual citizenship matter is expected to be made public at the High Court on Tuesday.
So what are the implications if PM Skerrit loses the case, and what if he wins?
DNO sought the views of legal luminary Sir Brian Alleyne, who served as Acting Chief Justice of the OECS Supreme Court for three and a half years.
Sir Brian says if the decision goes against Prime Minister Skerrit, he would lose his position as member of parliament and prime minister, paving the way for a new prime minister.
However Skerrit’s lawyer Senior Counsel Anthony Astaphan has already indicated that if that is the decision, they will appeal the ruling and ask for a stay of execution while that appeal is being held.
Sir Brian told DNO that while such a stay could be allowed, his personal opinion is that it should not be granted.
“In the circumstances it would not be the right thing to do, it would not be within legal principle and would be erroneous, but it could happen,” the former acting chief justice said, reiterating that he was expressing his personal opinion.
Sir Brian says if the stay of execution is granted, the prime minister has the option of dissolving parliament and calling a new general election.
He added that while Roosevelt Skerrit could decide to wait out the appeal, that could make him vulnerable, because if in the end the appeal goes against him “that would be the end of it for him”.
If PM Skerrit wins his case on Tuesday, Sir Brian says while the status quo would be maintained, Dominica would continue to be under tremendous controversy “because the war of words that is going on now would continue”.
A win for the prime minister might prompt the legal representatives for Green and Joseph to appeal the decision.
LISTEN TO THE FULL INTERVIEW WITH SIR BRIAN – HE SPOKE TO KEN RICHARDS:
Podcast: Play in new window | Download
Subscribe: RSS
who jay love no man case
I like Skerrit, but this is an easy case. He was a dual citizen and there for had allegiance to another country. That is explicitly forbidden in the constitution. Weather he had a French passport or not, is for the most part, irrelevant. Skerrit is going to loose this case. DA should be ready for it.
That said, Skerrit is not going any where. They can have someone fill in for him for the time being, while they call a new election, also they can and should change that clause in the constitution. It is stupid. It is meant for big countries. Most of our best and brightest go abroad to study and get skills that we need to move our country forward. To work and live abroad, those people need to become residents or citizens of those countries. To then exclude some of your best, smartest, most educated citizens from being able to come home and contribute is silly and short sighted. To be Prime Minister we can insist on being a “Natural Born” citizenship, but the dual citizenship thing is foolish in my view.
You obviously do not know your constitution. Check Section 32 (1) (a)
Why are people wondering how Skerrit and Tony sleep?
This is getting ridiculous!
I’m laughing at the people who quote the bible and say that these two men will face God for their crimes.
So I ask myself; what crimes? Crimes against humanity? Crimes against humna rights? Crime against UWP? What crimes?
And then it hits me; the crime of allegdely selling Dominican passports and benefitting from the sale, the crime of allegdly owing villas, the crime of allegedly securing a 300 mil loan from China to help Dominicans, the crime of allegedly showing allegience to a foreign nation…and the list goes on of alleged crimes
So what makes Tony and Skerritt worse off than the other Dominicans who are to be judged by God?
Allegations do not equate sins….
His character will be dealt with by God cause he knows the truth behind the allegations…
Because of his efforts at taking our beloved Dominica to the higher level as he promised,
Let it be proclaimed throughout the entire world that PM Roosevelt Skerrit should henceforth and forever be known as:
“The Great Transformer”
hmmmmmmmmmmmm some ppl gonna get heart attack today> if the Pm win or if Workers win> but as a young person our leaders should set examples an they are not
My opinion:
This case is not a difficult one to call.
UWP (not the People as stated by Q95) did not prove that Skerrit used a French Passport, hence confirming that he showed allegiance to France.
Skerrit is under NO obligation to help UWP prove their case against him; this is not a Commission of Inquiry!
So even if Skerrit did possess and use a French passport, he would likely have destroyed it.
The Judge will have no choice but to let Skerrit continue as PM.
Many people seem to believe that a court is a place to establish absolute Truth.
It is NOT always. Maybe only GOD can do that.
The court is a place where:
*stronger arguments usually prevail.
*Facts which ‘don’t lie’ are sometimes manufactured.
*and technicalities abound.
For the record, although I don’t have the concrete evidence, I do believe that PM Skerrit DID use his French Passport and the Jamaican precedence would mean that his Vieille Case victory should be overturned.
Those who keep chanting that an INJUSTICE will be done if Skerrit is not removed from office, also need to examine the definition of JUSTICE and decide whether a born and bred Dominican, a hard working and very popular leader, who has been serving his country as PM for over a decade, and never placed the Sovereignty of Dominica second to that of any other country,
Should be removed from office because of a constitutional TECHNICALITY!
O.K. Admin. I have delete the last paragraph. Now please let freedom of speech reign and please publish my comment.
What the Judge has to decide on is whether she believes, based on the submissions to her by both parties, that Mr. Skerrit was in possession of a French passport on nomination day.
The issue of being a citizen of France is not contested because Skerrit’s legal team agrees that he was a Frenchman on nomination day. Their argument, however, is that he got this French citizenship as a child and therefore not “of his own act”.
Owning and using a French passport to travel, however, would prove that he is a French citizen “of his own act”, according to the precedent set by the Jamaica case.
So was enough evidence presented to the Judge to convince her that Skerrit owned a French passport on nomination day?
In my opinion, the smoking gun would have being for the UWP lawyers to present the passport to the judge. But how would the UWP lay their hands on this?
Secondly, Mr. Skerrit could have taking the stand and testify under oath and be cross-examined on the facts: Did you or did you not own a French Passport on Nomination day?
But his lawyers kept him away from the witness stand and the Judge agreed and ruled that he could not be subpoenaed for fear of self-incrimination (putting himself in trouble).
So in the absence of the two means above of getting to the truth we are left with circumstantial evidence.
The Judge may argue that the fact that Mr. Skerrit refused to take the witness stand for fear of self-incrimination tells her that he has something to hide and maybe in fact was in possession of a French Passport on nomination day.
There is also the letter that Mr. Skerrit wrote to the French Embassy in Castries, stating words to the effect that a recent court ruling in Jamaica means that he would be ineligible to be nominated to Parliament and he therefore wants to renounce his French Citizenship. Well, the Jamaica case was precisely about the possession of a foreign passport. So the Judge could argue that if Mr. Skerrit wants to renounce his French citizenship based on the Jamaica case that he must be in possession of a French passport.
But I believe that based on the mini judgments that the Judge has given during the trial, where both went in favor of Mr. Skerrit that she will not be bold and make a judgment against Mr. Skerrit based on the circumstantial evidence presented at the trial.
She will therefore rule something to the effect that there is no evidence that Mr. Skerrit was in possession of a French passport on nomination day or other words based on the evidence presented to her she does not believe that Mr. Skerrit was in possession of a French passport on nomination day.
you are not going any where u have to continue your good works. no man is perfect.but the almighty. God is good just keep on praying.some of us Dominican do not know what we want.
Life will go one as usual, skerrit will win because all man buy already. And talk will continue because Dominicans are seriously illiterate. Greed has taken over.
@ashley shut your dirty mouth how can you look at a country with such highly Educated people and say they are illiterate take a look in the mirror and you with see illiterate you fool
Our Most High and Heavenly Father, who sits on the throne that really matters. I pray for our little country in the west, The Nature Isle of The Caribbean, Dominica. Father you already know the outcome of this court case, and you also know what the reaction from both sides will be. I pray O Lord for your Holy Spirit to overshadow our entire country and give us all a sense of peace. I pray O God that those who intent on participating in any form or evil deeds or violence will experience your overwhelming presence thus bringing them into submission. I pray Dear Father that both sides can respect the judges decision and come to realise that the destruction of Dominica will be the result if they continue to bicker back and forth to serve their political egos and ethos. Father today I ask for a calm reminiscent of when you spoke to the wind and waves in the fisherman’s boat in the Sea, come over Dominica today. Let all supporters of all parties unite in the best interest if our country and help us to love our enemies and opponents more now than ever. I reject every plan of the Devil trying to poison the fragile minds of the Citizens of Dominica. I ask these and sealed it the the Blood and in the Wonderful name of Jesus Christ Amen..
wow..after reading these comments I couldn’t help noticing all these idiotic responses by this one “hate shoes” person. Wow, you seem to be very idle with only one thing on your mind and heart – skerrit…you fool!
i am poor hungry and broke skerrit gone or stay makes no difference to me
When is the verdict.. AM or PM..
Just wish a hive of killer bees would descend on the Bay front about 1:45PM………….Dee sar zor lay, say sar moi dee! Bart moi nah!
jesus christ came from heaven and walk de earth and they believe iin the miracle he performed on earth and it was all good so i doe see nothing wrong with skerrit from guadeloupe and working hard in dominica for all dominican to be happy de man good give him a break on that matter …. SKERRIT WHAT I NEED FROM U IS FOR U TO DROP THE CUSTOM DUTIES AND PORT CHARGES .. AND WORK ON GETTING BETTER NURSES FOR THE HOSPITAL SO PEOPLE CAN SURVIVE LONGER . GOOD LUCK IN 2014 SKEWO O AND CONTINUE THE RED CLINIC IS A GOOD HELP FOR THEM POOR FAMILIES AND TELL THEM POLICE STOP HUSTLEIN THE GHETTO FOR MARIGUINNA BECAUSE THEY IS STRONG SOPPORT COME 2014 LEGALIZE THE WEED AND EVERY THING WILL FLOW JUST FINE TRUST ME …
Well Hateshoes really doesn’t have anything to do. I would suggest English 101 firstly. Must be some type of disorder, you cannot tell me every other word coming out of your mouth is is lazy, maybe you’re the lazy one since you know it so well. SMDH
the question i was hoping to hear or asked rather,based on what brian said of dissolving the government and hold a new election,what happens if skerrit wins again,does that solve the issue.
@hateshoes,take your freaking greencard and go back where u come from.Go and hold down your two jobs and crawl back in the basement you come out and leave us Dominicans alone.Trust me I am surviving just fine on one job in DA and because of Skeritt we in DA doh need all you used clothes and shoes again.Thats why all you BLUE VEX
The Late Great Roosevelt Douglas had several passports and no one made issue. The Great Roosevelt Skerrit have two passports and the Lame Ronald Green have two passports too but he making noise. Now the impotent Maynard Joseph have no passport but he well vex the Great Roosevelt Skerrit have two passport.
You see if Dominica wasn’t progressing under the Great Leader, I wouldn’t comment but we have development taking place tout pas tout… road rehabilitation, airport upgrade, small business development assistance, assistance for the elderly, homeless, farmers, youth… state college, staddium… the list is too long. So please Dominicans protest the Court decision… and let the world know we standing tall with our Great Leader who is bringing hope to Dominica, our Prime Minister, Honorable Roosevelt Menard Skerrit.
OK we calling a By Election if the verdict not in our favor… and UWPwi for loner time still… LABOUR POWER… WHO GOD BLESS NO MAN CURSE. DOMINICANS stand up for what is right… PROTECT OUR BELOVED LEADER RMS… GOD BLESS YOU MY PRIMEMINISTER FOR LIFE…
PM AND ST.JEAN BE STRONG, STAND UP STRONG, his arms are strong. let not yr hearts be troubled.
(Ignorant) A very popular word and often being used and for some reason foolish always follow. Is it foolish to be ignorant? Aren’t we all ignorant on many things even if we may be intellectuals? So called intellectual people always calls others who they say are ignorant foolish, never understood why. I have always learnt that ignorance protects us many times from harm. If i don’t support you i shouldn’t be called a fool just because i don’t see it your way. What gets lost most of the times is respect especially from people who thinks they knows best. It is the smart people of this world who thought of nuclear weapon. Now you tell me why would so called intellectual people think of creating something to destroy so many people? To me that’s dumb. If someone say they supports the rulling labour party i don’t see why they have to be dumb, blind or whatever else you may think. If another supports the opposition i can’t see either why they would have to be labelled as a fool. Everyone am sure has their reasons for their bias so the bottom line here should be respect. The election was contested and labour won 18-3 so in my view the majority spoke but the opposition contested it in court fine. The matter or matters are before the court so things should be going on as normal without all this fighting from we the citizens, while we work we should be waiting for the results.I can’t see how all the fighting and disrespect of each other going to make anything better look people calling for war tomorrow while in my view is smart people that does call for those things. The legal system is there for everyone whether we may not like the results, even in carnival shows people don’t agree, how to please you humans i have no idea. If anyone is listening things can’t always go your way and when it don’t please do not wish everyone else dead simply because you din’t get what you wish. Do not be an educated fool.
I often wonder how people like tony and skerrit sleep at nights. These people seem to forget that they too shall die one day and have to answer for their misdeeds. I feel sorry for dominica and all those who openly support the deeds of these men. Many dominicans seem to think skerrit is a god and treat him as such. In the next 5 years, dominica will belong to the dogs and then they will all start crying but it will be too late.It hurts my heart to remember my days at school when skerro and vince were humble ministers.I was actually happy when he became pm because i was convinced that he had the country’s interest at heart. Sad to know that greed has taken over. As for you Mr. Tony Astaphan….:)
haaaaaa papa. I dun talk. Nothing lasts forever.
You are a Dog???? Ruff Ruff
Justice must be done now.I can’t depend on justice after death since there is no guarantee.
People don’t think that Skerrit is a GOD.
Many if not most Dominicans acknowledge the fact that he is a good leader doing his best to improve the lot of Dominica and Dominicans.
The opposition has been doing their best to portray Skerrit as a ‘DEVIL’ and hence arguing that those who don’t agree that he is the Devil must see him as a GOD
WIN,LOSE or DRAW I will definetly and courageously stand by you Skerro!
SOME SHALL EAT!!!!!!!!
UWP supporters stay away from the court when the labourites look around they will be the only ones to beat themselves…lol
:(.
PM win….NO NO law NO NO constitution.
I DOE KNOW WHY THESE PEOPLE SO IGNORANT JEALOUS THEY JEALOUS OF OUR PM WII BUT DOE WORRY THEY GOOD DER
What good qualities does he have?
Brian Alleyne can scream, can shout , can cry he is a nobody in Dominican Politics….The moomoo talking
you make sense my dear, he is much more and will always be much more, little do you know
All I can say is that whatever the outcome tomorrow, please Dominicans be peaceful. Do not go out there and hurt your brothers and sisters for the sake of politics. The sun will still rise the morning after.
Come tomorrow there is gonna be rejoicing and there is going to be gnashing of teeth…
I watchin’ still!!!
i hope skerrit wines the other guy loses
OK let me do the math, 18-2=16 so it is still 16 to 2, so whats the big deal the opposition will still stay out of the house. I suspect UWP is better in wining court cases than elections so maybe thats a victory for them.
when in the last ten(10) years have criminals found guilty of crime in this country?
HEY GUESS WHAT?!!!
JUST HEARD A WHOLE LOT OF SHOTS FIRED UP AT MORNE BRUCE THIS AFTERNOON
DEM GUYS GETTING READY TO MAKE HEROES OUT OF US.
the truth is i believe skerrit and peter are going to win tomorrow cuz they’re in the same boat.but like i’ve said before the pm takeing that thing to far down the road, he should’ve disolve the house along time ago or even better do it tomorrow morning before 9am.a win aint gana have people think better of him,loss wirst.given my surport to labour all my life most likely will continue.disolve the house now that you are no longer a french citizen,nobody stoping you from runnin elections now.yes we’re in majority but who you gana make pm not Ian,Julie,Ambros,Regi for sure so who?Garcon desolve the house now Mr pm.my parl rep not runnin again so i am goin to vote for Julian.
PEOPLE OF DOMINICA I HAVE A QUESTION:
If the Judge brings back an “illegal Prime Minister and Minister of Education” ruling,can there be an appeal?
NO,THERE CANNOT BE AN APPEAL!! If they are found guilty of breaking the Supreme Law of the land, tell me who can they appeal to?
Who else is there to appeal to!!
The case is against Skerritt and Saint Jean against the Constitution, the Supreme law of Dominica.
It is not like we are still under the rule of Great Britain when one could appeal to the Queen. We are an independent country and the Constitution is the highest we can go.
THERE CAN BE NO APPEAL!!!!
I WATCHING STILL!!
The tongue is a weapon we should be very
careful what we say, because these hateful
comments might come right back and bite us.
We should pray for our enemies not wishing
them bad. Its a new year let’s wish every
one a fruitful one. Leave things in God’s
hand he is in control with him every is
possible.
Admin, I do not see my point based on the constitution being published.
Edit it and take out the reference to DNO if you like.
But when the verdict comes out you will see that I was right.
The controversy is based on partisan convictions .We all as Dominicans must accept that all that matters is the international principle that the CONSTITUTION IS SUPREME and ABOVE ALL MEN whether they are nice handsome or otherwise .
Astaphan in the StKitts version of a similar situation said and this is on print that NO ONE SHOULD EMBARASS A COUNTRY BY PRESENTING THEMSELF FOR ELECTION AND TO ADDRESS THE DUAL CITIZENSHIP ISSUE IF THEY KNOW THEY HAVE DUAL CITIZENSHIP!!!!
The problem really is the silence of the BAR ASSOCIATION ..THE DAIC AND PRIVATE SECTOR LEADERS OF THE LAND.
THE CRUX OF THE MATTER IS THE HUGE IRRESPONSIBILITY OF THE JUDICIAL PROCESS TO APPEAR TO CONNIVE WITH CONDUCT TO GIVE TIME TO A CLAIM OF SUCH MAGNITUDE INIMICAL TO THE CONSTITUTION OF THE STATE BY TAKING SO LONG AFTER AN ELECTION TO ARRIVE AT A DECISION OR HAVE THE MATTER HEARD ..
ARE THE DECISIONS OF CABINET AND SIGNATURE OF THE PM FROM 2009 TO DOCUMENTS AFTER THOSE YEARS LEGAL IF SKERRITT IS PROVEN ILLEGALLY ELECTED ?
WHAT A COST TO THE PRINCIPLES OF LAW !!!
PRIOR TO THE NOMINATION FOR THE ELECTIONS FORMER LEADERS PJ AND OJ AND FRANK BARON RAISED THE ISSUE AND WAS CONDEMEND LET US SEE….
No Judge in their right frame of mind would give a verdict based on popular outcry. The Judge has his repetation to protect and so, must rule, based on the facts before the court i/e did the Prime Minister hold a foreign passport at the time or not? If the answer is yes, and he is found guilty then he must do the right thing, dissolve Parliment and call general ellections.But the problem remains this is the man who said no Law, No constitution, can get him out. Dominicans lets pray for our beautiful country.
I PRAY THAT HE WILL WIN!
The personal opinion of Mr Alleyne sounds like the position of the opposition leader. Skerritt just cannot win!!!!!. A rather strange response from a former Ag. Cheif Justice. What Mr. Alleyne is saying that the only outcome to satisfy this issue has to be a Guilty decision and the removal of office of the PM…Cheif justice?????
listen carefully before asking such a question.. That is clearly not what he is saying..
What the Judge has to decide on is whether she believes, based on the submissions to her by both parties, that Mr. Skerrit was in possession of a French passport on nomination day.
The issue of being a citizen of France is not contested because Skerrit’s legal team agrees that he was a Frenchman on nomination day. Their argument, however, is that he got this French citizenship as a child and therefore not “of his own act”.
Owning and using a French passport to travel, however, would prove that he is a French citizen “of his own act”, according to the precedent set by the Jamaica case.
So was enough evidence presented to the Judge to convince her that Skerrit owned a French passport on nomination day?
In my opinion, the smoking gun would have being for the UWP lawyers to present the passport to the judge. But how would the UWP lay their hands on this?
Secondly, Mr. Skerrit could have taking the stand and testify under oath and be cross-examined on the facts: Did you or did you not own a French Passport on Nomination day?
But his lawyers kept him away from the witness stand and the Judge agreed and ruled that he could not be subpoenaed for fear of self-incrimination (putting himself in trouble).
So in the absence of the two means above of getting to the truth we are left with circumstantial evidence.
The Judge may argue that the fact that Mr. Skerrit refused to take the witness stand for fear of self-incrimination tells her that he has something to hide and maybe in fact was in possession of a French Passport on nomination day.
There is also the letter that Mr. Skerrit wrote to the French Embassy in Castries, stating words to the effect that a recent court ruling in Jamaica means that he would be ineligible to be nominated to Parliament and he therefore wants to renounce his French Citizenship. Well, the Jamaica case was precisely about the possession of a foreign passport.
So the Judge could argue that if Mr. Skerrit wants to renounce his French citizenship based on the Jamaica case that he must be in possession of a French passport.
But I believe that based on the mini judgments that the Judge has given during the trial, where both went in favor of Mr. Skerrit that she will not be bold and make a judgment against Mr. Skerrit based on the circumstantial evidence presented at the trial.
She will therefore rule something to the effect that there is no evidence that Mr. Skerrit was in possession of a French passport on nomination day or in other words based on the evidence presented to her she does not believe that Mr. Skerrit was in possession of a French passport on nomination day.
That will be very unjust because we all know that Mr. Skerrit WAS in possession of a French passport on nomination day. The Judge will simply be saying that the UWP lawyers did not prove their case.
Very well put……..very well explained and I think that I could quite easily agree with your conclusion. But this is such an important case, that I do hope that the judge takes it alot more seriously than that and lives up to her responsibility to look at this case properly considering the consequences. And it sure will smell super FISHY if she takes so much time out to come with that sort of conclusion at the end! Two months almost, is a long time to wait to then be presented with such a simple conclusion and decision at the end! Let’s hope not!!!!!
This was in response to Marcel’s comments by the way!!!
To the patriots – what fight are you fighting? You fight for Dominica; but who is Dominica?
I think many fail to realise that Dominica is for the poor man and of the poor man. The people in Dominica are the ones who are living the Dominican life. The people in Dominica are the ones who chose to vote that way, the people in Dominica are the democratic ones who CAN and WILL, if and ONLY if they want too…no amount of patriotism can change the democratic process of 1 man, 1 vote….unless the appeal is to the 1 man, and his 1 vote.
I have seen so many cries calling for saving Dominica, yet I see no respect for the only people who can save Dominica. Instead of trying to get to the root of the reasons why the people voted for Skerritt, and why Skerritt seems to be rising in the esteem of the poor man, all I see is the condemnation of a man seen as a saviour by the poor.
At the end of the day – Dominica is democratic and so, no amount of behind the pc politicking, speech giving, rallying, can equate to voting unless that 1 man cast his one vote.
Democracy is alive and well in Dominica and all that means is come next election, if Skerrit is so bad for Dominica and the people living in Dominica, and then they’ll make that decision.
This is definitely a case of damned if you do and dammed if you don’t. Irrespective of the outcome….Dominica will be a land further divided.
Politics won’t be put to rest anytime soon.
Dominicans, what happens next?
Are we going to continue to blame Skerritt for every wrong that happens in Dominica?
What happens tomorrow after the verdict? There has to be a winner, and there has to be a loser?
Will the decision of the court be final or will that just be more ammunition for one group?
Can’t we all just move on and get along?
No. We cannot just get along. We are not all Rodney Kings. But your point is well taken. The outcome of this case is of little significance. There are more important challenges our country needs to be focusing on. Happy New Year!!!
I would have thought that Sir Brian would have proffered an opinion based on what he understands the law and precedents are. He repeatedly said what he was expressing a personal opinion – I dare say a personal partisan opinion in opposition to Mr. Skerrit continuing as head of government. It shows where he is coming from. So all of his public posterings is partisan and it will be treated that way. But then it is his rights. I shudder to think that any judge would want to decide on such an important matter based on his/her personal opinion on whatthey think is politically “good” for Dominica and not what the letter of the law says. I am disappointed in Sir Brian who I look up to as a great Dominican
Great Dominican…Mamo is not happy..she thinks the moomoo is talking now.
I agree with you. You couldn’t have said it better. It is like Brian Alleyne has a personal vendatta against the Prime Minister. The man won’t even give a legal opinion of th matter. What a sad situation!
@Observer….you seem like a very bright person….and i appreciate your comments…..but do remember that DNO has edited the entire interview…I suspect the reason for Sir Brians personal opinion is because at this time he is not sitting with all the facts nor is he presiding over the case and in an effort not to pre-empt the judgment, it would be the professional thing to do….i guarantee you once the judgement is read, no matter which way it goes, he will provide his professional opinion…but as you so rightly said, he has his right as a private citizen of this country to have a personal opinion….and what has made him a fine judge and Queens counsel for soo many years which all the legal fraternity agreed upon, is his ability to leave his personal opinion out of his judgements….
AMEN @OBSERVER I MYSELF I AM DISAPPOINTED BY Sir Brian I USE THESE THINGS TO GIVE ME STRENGTH THAT I WILL ALWAYS DEPEND ON ME.
Well I fully expect the decision to go skerritt’s way because the judge has laid the foundation for that to happen, however as a layman, I believe that this would be wrong.
My first point of contention is with the decision of the judge to refuse disclosure and not allow skerritt to take the witness stand. Justice Thom ruling that 47(2) of the House of Assembly Elections Act prevented her from ordering disclosure was wrong. The section quoted by judge refers election document in the custody of the Chief Elections Officer s.44(1), which s. 47(1) says he/she should keep and “shall allow no person to have access to them”. The documents which were asked to be disclosed are not documents within the meaning of the legislation and therefore not subject to the provisions of this section.
I also disagree with the view that CPR 2000 is not applicable. All the references submitted by tony in support of this view are wrong and/or irrelevant to the case being tried, as they relate to amendment of petitions after the 21 day period and/or criminal behavior or conduct on the part of a candidate but not to the question of validity to be elected or nominated. If one examines the laws and constitutions in the countries mentioned in those references, one will notice that there is a big difference in terms of the classification of those offences. In many of these countries the offence is a criminal one, whereas in Dominica, it is civil.
In any event even if the court found that CPR 2000 did not apply, the court should have used its inherent jurisdiction as stated by the Judge in Lindsay Fitz-Patrick Grant v Glen Fitzroy Phillip et al. as follows, “[62] Consequently, I find that the CPR 2000 do not apply and the correct position to adopt is that held by Baptiste. J in Lindsay Grant v Rupert Herbert (No. 1) “84 that the Court will, in the absence of express rules, be guided by its inherent jurisdiction”.”.
The judge also had this to say “ [153] This case has highlighted the desperate need for Elections Rules in St. Christopher and Nevis. This, I believe, will alleviate the many insurmountable hurdles which currently face citizens petitioning the court to exercise this “special and peculiar” jurisdiction. Pursuant to section 83(2) of the Elections Act, Rules of Court for Election Petitions may be made by the Chief Justice. The time for the making of such rules is long overdue.” I note also that in Cedric Liburd v Eugene Hamilton et al, disclosure was ordered by the Judge and I’m wondering; under what authority was this order made? And also which is the correct rule to be followed in these circumstances?
Tony’s argument that parliament needs to make special provision in order for the CPR2000 to apply is also a non sense. The Election act has given the court specific authority to make and implement rules with regards to election petitions. At that time, there was very little in the way of rules governing the court processes. With the advent of the CPR then, the correct interpretation of the Election act is to make rules, whether specific or general instituted by the court applicable, to the extent that these rules do not conflict with the Act or constitution. The fact that no amendment has been made to the Election act after the CPR2000 came into operation, means that CPR2000 does apply.
In my opinion any decision in skerritt’s favour, would mean that this Judge has accepted a submission by tony on skerritt’s behalf which is poorly researched, devoid of sound legal premise and manifestly wrong.
Just to add that despite what tony said I do not think that the law allows for any appeal. The law states that once the “final” determination is made by the judge that is the end of the matter. If skerritt wins then you will hear him say that the opposition cannot appeal.
Listen guys, fellow Dominicans! Mr. Alleyne is someone who makes himself avaliable to explain the law in simple terms and that is all that he has done……EXPLAIN THE LAW!!!!! He is always very careful to not sound political as he is no longer ‘political’ but instead has a responsibility as a Dominican of prominence and one versed in and with many years of experience in law, to do his best to EXPLAIN THE MEANING OF THE WRITTEN LAW to those of us who may be unable to interprete it. Look closely, listen closely and remove your own biases before assessing what it is that he has said or done in order that you may make a judgement of his explanations without bias or malice! We as Dominicans hold that responsibility collectively to make responsible judgements and decisions in order to resolve these problems. We must also remember that all of us are under the law, the supreme law; the constitution and that no one should be allowed to break that law and then pull the wool over our eyes. Anyone who breaks the law of the land should be, must be held to account and answer for his actions!!!! All Mr. Alleyne has said, for those of you who did not understand the reasoning, is that if they were to be found guilty of having foriegn citizenships at the time of nomination, contrary to the law of the land, then on the basis that they are ‘GUILTY’ OF HAVING BROKEN THE LAW, the PM SHOULD then step down rather than being given a ‘stay of execution’ until such time that a decision in support of or against the original ruling of GUILTY, can be handed down by the COURT OF APPEAL. I AGREE WITH HIM TOTALLY!!!!!I most cases where senior persons in positions of authourity, have been accused of having abused those positions of authourity to unfairly benifit in one way or another, the mere accusation warrants the resignation of that person in order to avoid bringing the organization into disrepute! Normally that would happen once the mere accusation is made!!!! In this case, Mr. Alleyne is suggesting that, SHOULD THEY BE RULED GUILTY AS CHARGED, BY THE FIRST COURT WITH AUTHOURITY TO RULE, it would then warrant his imediate resignation until such time that it gets all sorted!!!! Not, SHOULD THEY BE FOUND GUILTY BY THIS COURT!!!!! Read again and sus out info bro, don’t let people tell you and drag you along!!!!!!!!!! Peace and love!!!!!!
you also clearly do not understand what he is saying so listen and then come back
It’s Interesting That out of 52 Comments 13 comes from “hateshoes” who seem to be the only one who wants to have a say.
Be careful sir/madam or you might just be a patient at the hospital with a blown fuse.
and intersting enough, he/she is the holder of a green card and can run from d HARD country but is seating in d HARD country enjoying life.
how good n interesting to know
HUNGRY, LAZY LABOURITES…THEY LIKE HANDOUTS, FOOLISH SET OF PEOPLE, SKERRO GOIN N DO U GUYS JUS LIKE JIM JONES , I AM SO HAPPY NOT TO BE PART OF DIS CULT, SKERRO DOH COME BY ELECTION AND HE WILL NOT GO BY ELECTION…..NOTHING LAST 4 EVER…..REMEMBER GOD IS A JEALOUS GOD AND U LABOURITES TREAT HIM LIKE GOD….U GUYS WORSHIP HIM………REMEMBER “THOU SHALL HAVE NO OTHER GOD BESIDE ME’……..STOP WORSHIPPING THE MAN…….
And most if not all are responses to peoples comments. Can he/she even think for him/herself?
MANY PEOPLE ARE NOT AWARE WHAT IT IS LIKE TO HOLD FULL POLITICAL POWER, FOR INSTANCE,WHEN YOU TRAVEL AROUND DOMINICA,YOU WILL HAVE APPROXIMATELY TEN POLICEMEN AROUND YOU WITH M16S. DOMINICANS HAVE SEEN WHAT MANY TOP RANKING POLITICIANS HAVE DONE TO KEEP THAT KIND OF POWER.WE ALL REMEMBERED OJ, WHO WAS ASKED TO HOLD ON DURING THE TIME OF THE INTERIM GOVERNMENT IN 1980.WE ALL REMEMBERED PJ,I LOVE HIM THEREFORE,I WILL SAY NO MORE.DOMINICANS MUST ASK THEMSELVES,WHY WAS SKERRIT SO VEHEMENT TO SPEND $27,000 TO BUILD A PRESIDENT PALACE. DO YOU REALLY BELIEVE IF SKERRIT LOSES THE CASE,KNIGHT WILL BE RESIDING IN THAT BEAUTIFUL PALACE WHICH INCLUDES A SWIMMING POOL SIPPING HER GROG ON A SUNDAY AFTERNOON.ON SECOND THOUGHT, MAYBE SKERRIT SHOULD LIVE IN HIS PALACE,BECAUSE AS A YOUNG MAN I DON’T BELIEVE HE WILL HAVE TIME TO VAYIER WHAT HIS MAYOR IS DOING WITH LEFT OVER GROGS.
This is really crap writing…all caps is all nonsense.
I cannot see how, from a legal perspective, the verdict handed down on Tuesday can be in favour of the DLP folks.
I believe they will be asked to vacate their seats and bye elections will be called which the PLP will win as there are not electable options in DA right now. The opposition parties are all, unfortunately a bunch of jokers. During the UWP rally leading up to the last election, I happened to be in the audience in St. Joseph to hear Mr Standford of the UWP boast that in 2 years the UWP will raise $3.5 billion for DA everybody went wild. Guess they had no clue what a billion doolar is. Then a few days later you hear that they were publishing their manifesto on line and on CD as they had no cash to have they produced in printed form. Oh for good measure, Bearnard Wiltshire, the UWP candidate for Castlebruce was advocating that Castlebruce should have its own currency, such hogwash. How can you take a party like this seriously!!!!!!!!!!!!!!
Am I the only person who read on facebook that there’s inside knowledge that the PM won?
Yup cuz all inside information I know of says he lost
WE R THE MOST STUPID SET OFF PEOPLE IN THE EASTERN CARIBBEAN….IGNORANT AND NARROW MINDED……
i think you are very insultive and uneducated just sitting and branding dominicans as fools.we all have a right to express our opinions and desires and you need to respect that. whatever the decision tomorrow we should pray for peace in our land and by the way best you take your green card and go back where you came from. go and continue living off welfare cause that is what most of you all do instead of equipping yourselves with proper qualifications which will land you all in good paying jobs
TOGETHER WE MUST…TOGETHER WE WILL
WE MUST WIN…THIS IS THE ONLY DOMINICAN SOLUTION
What will the moomoo (Mamo that call him that) say now????
MAMO KNEW WHAT SHE WAS ABOUT SHE KNEW HER ONOINS THATS WHY SHE SAID THAT SHE WAS CORRECTLY RIGHT ACCORDING TO MY GRAND MOTHER.
Mr.Skerrit in your I would say you better lose or Dominica will never have peace.
@ Truth and when he win what the hell can u do and all u call for peace Foolish set of people ………..we need am army where we can put people like u in the for front in the line of battle so u can be history
I do not support any party, what I do support is the safety and prosperity of my country. Any among you with a modicum of intelligence should be able to appreciate whats at stake here. Both these gentlemen were knowingly in possession of French passports when they signed their nomination declaration forms stating that they were “fit’ to stand for election. This is contray to our constitution, you cannot be a foreign passport holder when you are seeking to be elected. This happened to others in the Carribean notably a Mr. Vaz from jamaica. he had to give up his sit and a bye election was called. this is the sensible thing to do as i do not agrree to Ron green and the other guy from ville case just being given those seats by default. Rememeber the Law of the constitution must stand else we have anarchy
does the Dominican constitution call for a bye election under this circumstance.
I paid my passage to travel to Dominica for Carnival. Some one hurry tell the judge hold the court decision for the 27 of Feburary. I want to enjoy my Carnival. Some Dominica are really violent.
Whatever the outcome, Dominica has suffered a serious emasculation of her political and judicial systems. It will take a lefetime to regain any semblance of peace and stability in this our beloved Nature Island.
Skerro win already all u fink skerro losing there no way..win lose or draw..makes no difference.. u get it???? wake up and smell the coffee…which judge that judging skerro there no judge skerro in charge of de judge.
Thanks for letting us know and for making it public that he is trully bribing the legal system financially. Keeping spilling the beans. Confession is good for the soul.
foolish…..skerro doh even kno and care bout allu…poor pity…i feel sorry for u…they well hold u
YOU HATE SHOES IN YOUR 4*****g
A88
SKERITT WE HAVE,WANT,NEED & HE WILL REMAIN THERE IS HE ALONE THAT CAN MOVE DOMINICA FOWARD!!!!!
your dan u dont even know if u goin or coming….u r one off those lazy labourites dat like handouts……u will always stay and die poor as u r…
You doe know the amount of poor people skerritt put a roof over their head. Ho many children that just left to morocco FULL SCHOLARSHIP. How many people that have houses today because of skerritt? How many people the PM paying 800 per month to take care of people and their children right here in Dominica working. And SKERRITT WILL CONTINUE TO WHIP THEM IN THE POLES COME NEXT ELECTIONS
THE LONGEST ROPE HAVE AN END…..ONE THING I KNO….SKERRIT DOH COME BY BALLOT AND HE WILL NOT GO BY BALLOT….SO JUS FIGURE OUT WAT I SAYING……UR MAKAK
you own do not have end
who jah love no man case.
The decision here will be of little or no consequence. The masses have accepted Mr. Skerrit and his wrong doings. This will only increase his popularity.
No supporter of any. My whole thing is what is the process to be elected in parliament? Shouldn’t there be checks and verification done before anyone even gets elected. Now people do not try to bite my head off just trying to understanding the process and why it had to come to this so later in the game.
WIN LOSE OR DRAW MENM BAGAY
[Granting a “stay” not a good idea]!!!
A stay would really be ridiculous because think of the positions these people hold!!
They would continue to have influence in the courts/judicial system. They are the government. The situations now becomes a conflict of interest.
It’s like saying to someone:…. “I am going to put you in prison BUT HERE ARE THE KEYS!!!!
What utter RUBBISH: “If a stay is granted, the PM has to call general election???” Are you serious Brian??? Did you forget that the DLP has a HUGE 18-3 MANDATE??? What riduclous garbage is this??????
one off those lazy labourites u be?
cochon UWPwi
18 seats to three that is what labour did to the uwp and those who support by writting and speaking about the case. for a former chief justice he seem’s to very much one sided.both sides have the opportunity to appeal and th pm can use a stay of execution but as you can see with your own eyes he leans to his cousin mr ron green who is the party leader of the uwp. that why those who serve communion must be frank and truthfull. the lord will not answer your prays sir.b if you continue to tell half truths, you go before the alter in church to serve other how can you look at the people in their eyes when you cannot be even truthfull about this ongoing matter in the court,the flock is taking stock of your continuos bias and maybe its time to step aside because of your continue bias,one should never in any statement try and insight unstabability aspeacialy if they serve ay the front of the church.
you are not even worth answering…but i will anyway…..ask yourself just won question…..is Sir Brian at work? and another…is he presiding over this case? …..so what the hell you mean about “for a former chief justice”? his personal feeling and comments have no bearing on the case…..even if you feel a particular way about a matter morally, as a judge AT WORK….ON THE BENCH….PRESIDING OVER THE CASE..it still means you must judge it within the laws of dominica….
he may agree or disagree with the PM but he must judge based on the facts in court and within the laws…..how diff is that to understand…..you sound bitter and jealous…its sickening….
@LATITUDED I WOULD LIKE TO KNOW IN WHICH CHURCH HE SERVE COMMUNION.
I am not a Skerrit supporter, but I think with all that rhetoric, and antics I think it has all defeated the whole process. In my opinion, I think Skerrit will win that case. The Opposition needs to stop being so bitter and plan a better strategy if they want to have any political significance. Also why was the issue of dual citeznship not brought up by them when Earl,Ron Green and the few others held residence to other countries. Go to the house and represent the people who voted you in to do a job for them.
U LIE…U R A DAMN LABOURITE…WAITING FOR RED CLINIC TO OPEN
ppl like u dat supporting UWP dats y they will never win
Imagine me waiting on red clinic. Ignorance is bliss.
Really?? imagine me waiting on red clinic. Ignorance is bliss.
LIER!!!!
YOU ARE A LABOURITE
it s for the DLP to bring proceeding against whom ever they feel has breached the constitution ie the allegence to a foreign state….
This P.M and the New DLP have brought enough humiliation and shame to the Office of the P.M. At no time in our history have we seen a P.M so enbroiled so many court cases both locally and internationally.
Dominica now has a very unfavourable rating on the international scene because of the reckless actions of this administration, and now it is time to put an end to it.
It is no suprise that Dominica is the least developed country in the OECS.
WE need more forward-thinking leaders in Da.
THE WORST DAT EVER HIT DOMINICA…
Like who? We had EDO there fore, or do you conveniently seem to forget that? Are you saying that he was not or is not a forward -thinking leader and is it because Skerro is in power now you asking for forward-thinking leader. Do not forget before skerro was eddo.
sorry, we had eddo there before
Win, Lose or Draw, Dominica has already lost, when politicians do not behave like true Statesmen.
Win, lose, or draw we still love Skerrit.
Is Skerrit that working!!!
Is Skerrit that moving Dominica to the next level!!!
Is Skerrit that we in Dominica seeing losing weight and sleep and seeking help and investment opportunities for Dominica and Dominicans!!!
Is Skerrit we see open Small Business Support for Poor People !!!
Is Skerrit that open Employment Agency for us that unemployed and can seek employment and help for us to have a job!!!
Thank God for Skerrit and the YES we care program !!!
Thank God for Skerrit for a Vibrant Youth movement and scholarships for many youths to advance themselves!!!
Is Skerrit that putting a new state of the Art Campus for the Dominica State College and for our children to get BSc and later MBA!!!
IS Skerrit we seeing that transforming the road network on the West Coast!!!
Is under Skerrit we seeing plenty private sector business upgrading their facilities and taking additional risk to create further employment.
We in the DLP can call another election and we will all vote again taking Roseau Central for sure and the result will be 19-2 . Come and test us.
Victory!! Victory. Turn up d ting DLP, Turn up d ting DLP. Turn up, Turn up, Turn up
You WISH you were the silent majority!!! You will see.
UR DAM LAZY LABOURITE JUS SITTING ON UR BUTT WAITING FOR QUASS CACA FROM SKERRIT, I WISH HE DO ALLU JUS LIKE JIM JONES, I KNOW DAT DAY COMING SOON WEN ALLU DRINK POISON WITH HIM….SILLY PEOPLE, NARROW MINDED, U WAITING FOR RED CLINIC TO OPEN FULLY TO GO COLLECT QUASS CACA..LOL
SKERRIT REIN COMING SOON…….AMD IS NOT BY ELECTION……GOD IN CHARGE…WAIT AND C
CORRECTION….HIS REIN IS COMING TO AN END……AND NOT BY ELECTION……..WAIT AND C…….JAH IS IN CONTROL….NOT HIM….NOT US
Isn’t that his job as a prime minister? What is he suppose to do play domino at his desk all day? The question is at what cost.
Well, Mr. Alleyne has lost all his credibility so he can say whatever he wants. I will save the rest of my comments for tomorrow.
No verdict, no court judgement, no appeal process will prevent me from enjoying some finger licking chicken without plim tomorrow night! Dominican politics in a sad state either way, all how you check it we between a rock and a hard place.
I’ll be surprised if the judgement is against these two dishonorable men. But again, I wont be surprised if they win the case. Which ever way the verdict goes, it will say much ’bout this small island nation, and the Eastern Caribbean by extension. At the end, the nation will be responsible as one people, for the injuries that have been inflicted on the country by a few corrupt individuals, counselled, and abeted by corrupt attorneys. It all boils down to the old phrase ” The love of money is the root of all evil”. Dominica will continue suffer until the people decide that they’ve been fooled enough, and can take no more.
Did Mr Alleyne give any legal reasons why the stay should not be granted. He says that it could but in his personal opinion, should not be granted.
Putting personal opinions aside, did he talk about precedents and the limitations and allowances the Dominican law makes was for a stay to be granted until the appeal?
Although this case is difficult, the rules and legal prinicples typically applied should not be waived not for anyone – PM or otherwise. If the stay is within the limits of the law – then it should be granted, if it isn’t, then it shouldn’t – SIMPLE.
Let’s hope that personal opinions have nothing to do with this and that the rules of court prevails.
Mr Allen says that it “would not be within legal principle and would be erroneous..” What legal principle and why would it be erroneous?
To: “I’m Wonderin”
[Granting a “stay” not a good idea]!!!
A stay would really be ridiculous because think of the positions these people hold!!
They would continue to have influence in the courts/judicial system. They are the government. The situations now becomes a conflict of interest.
It’s like saying to someone:…. “I am going to put you in prison BUT HERE ARE THE KEYS!!!!
Gee….
I get the logic that it won’t be a good idea, but hte law doesn’t function of good ideas.
I was merely asking if Brian elaborated on the legal reasons why I saty would be wrong – he says that it could be granted – meaning that the law provides for it, but he also claims that it would it would “not be within legal principle and would be erroneous”
I just wanted to know the legal reasons for that claim. His belief just sounds person…the courts don’t rule on personal beliefs
According to Wikipedia:
“Legal Principle”….
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process soon enough it becomes established as the de facto method of deciding like situations.
……………………..
I don’t think Sir Brian was being bias.
If there were other cases similar to this case then the judge could rule based on the way other judges have ruled. Therefore granting a stay or not granting a stay!
Mr. Alleyne silenced the same dual citizenship issue when his cousin Ron did it for 15 years. I hope he knows if Skerrit and Petter loses they ca make Ron pay back the state all the money he earned for 15 years.
Lord, Although there are a few of us in Dominica who have our own selfish desires, Please do not forsake us at this time. The Judge has already made the decision so help us to accept in peace whatever this may be.Let peace prevail Oh lord, thank you
look FAINTING and CRYING and SHOUTING and DANCING tomorrow….Well Look It!!!!!
U see what I mean…and I not hearing anything from the UWP, as the main Opposition, re its strategy on a way forward if the case goes either way…If the PM loses and there needs to be a general election does the UWP have its strategy in place re such…they just on Matt talking a set of ish…chupes
Good observation. De UWP expect to win too flam, too show.
So Brian tell me (if you claim to really be so unbiased)why would you claim that Green and Joseph would have the right to appeal if they loose and Skerrit no??? Just asking??? Whey papa, and to think that mister was a judge judging people on the bench. It is really frightening when some people could allow their political bias and hatred to affect their professional judgement and utterances.
dummy he is saying this based on teh law
thats his opinion not yours.. you wouldnt understand this language its above you
Nofing next, just appeal and put a stay of execution and let it drag until the next election, eh eh, uncle tony not sot
One day, one day kankarday! Oh how I wished the judge could have jailed them if found guilty. However I am not holding my breath for a guilty verdict even if we all know they are guilty. God is good all the time!
NOT GUILTY!!!!!!
skerrit’s new line should be “what dey say dey say” just like calypso
leave skerrit in power!!!
L FOR LAZY
L FOR LABOURITE
U DIGGING IN PITHOLE CAUSE U DOH WANNA WORK
Mna take a break; you are begining to sound like broken record… added to that your comments make no sence at all…there is no substance of any intellect in what you are saying. Your comments simply confirm your illitaracy and lack of the ablilty to embrace comprehensive and thought provoking sentiments.
hhhhmmmm i’m just sitting back relaxing with a nice glass of grapefruit juice waiting for the outcome
take care lopital doh pick u up!!!
in the name of God… i rebuke your evil wishes… may your words go straight to hell fire and stay for eternity… as for you.. i only wish you a year filled with good health and that you’ll not spew words of ill against another…
IT DOH PICKING ME UP NUH…..I HAVE MY GREEN CARD……I JUS TRYING TO PUT SENSE IN ALLU LAZY LABORITES HEAD….WISEN UP…BROADEN ALLU MINDS…THE COUNTREY GETTING HARDER AND HARDER….I CAN RUN ANYTIME…..BUT I SO SORRY I GOT RELATIVES DOWN HERE…..DOMINICANS TOO IGNAORANT,
So in a nutshell, Brian Alleyne is saying what the UWP has been saying all along….Regardless of the decision, Skerrit has to go because it will be problem all the time
BRIAN WHAT U SAID WAS UNFAIR ITS PERSONAL. I WILL WAIT UNTIL TOMORROW JANUARY 10TH FOR THE COURT DECISION, WHATEVER WAY IT GOES GOD ARMS ARE STRONG. BY THE WAY WE TREAT OTHERS THATS THE SAME WAY U ALL WILL TREAT ME SO I WOULD RATHER SAVE MYSELF FROM U.
i predict that roosevelt skerrit will lose the case…………….but my deepest fear is that roosvelt skerrit will stay on as prime minister.
DOMINICANS R LAYBAN MAKAK….DUMMY IN CANS