Eighty-two residents of the village of Salisbury, through their lawyer Cara Shillingford, have filed a civil lawsuit against the government of Dominica seeking redress for alleged breaches of their constitutional and human rights during an incident which occurred in that village on the 5th of December 2019.
On that date, members of the Regional Security System (RSS) and local police entered the village and sent a barrage of tear gas canisters which, according to the Claimants, fell directly into the yards and homes of persons living in the village.
According to court documents, the list of Claimants includes both young and elderly persons with ages ranging from three to ninety-four. Many of the claimants were senior citizens who lived alone and were asleep when the attack on the village stared at around 3:30 AM.
According to the Claimants, “the actions of the said State agents/employees were intentional, arbitrary, high handed, oppressive and motivated by malice.”
They believe that because the Salisbury constituency has voted for the Opposition United Workers Party (UWP) in the past four elections prior to December 5th, 2019, the decision to attack the community of Salisbury on the day prior to the December 6th, 2019 election, was “politically motivated insofar as the decision was aimed at assisting the Dominica Labour Party (DLP) in winning the December 6th, 2019 general elections.”
The Claimants are alleging that the tear gas emitted from the canisters sent by the said State employees and/agents caused the claimants to suffer personal injuries including pain to the eyes, nose, chest, and throat.
It is the view of the Claimants, that the RSS forces and police officers owed a duty not to send/shoot expired tear gas canisters into or near their homes.
“The RSS forces and police officers, acting as agents of the State, acted negligently and in breach of their duty of care when they, without justification or legal authority threw/shot tear gas canisters into properties and homes belonging to or occupied by the claimants,” the complaint alleges.
It goes on to state, “The claimants, who include several elderly persons and young children posed no threat to the State and were inside of their homes when forced to inhale tear gas emitted from canisters thrown/shot by the Defendant’s agents/employees.”
As a result, the Claimants are seeking a declaration from the court that the defendant has breached their constitutional rights under sections 5 and 7 of the Constitution of the Commonwealth of Dominica, damages inclusive of exemplary and aggravated damages, costs, interest and “any such order and further relief as the court considers just.”
In March this year, Vince Henderson, Dominica’s Ambassador to the United States of America and its Permanent Representative to the Organisation of American States (OAS), when questioned by UN Human Rights Committee Experts on the teargassing incident in Salisbury, defended the government’s action.
Committee Experts raised the issue of a police raid on Salisbury in the context of what they described as a broader pattern of longstanding credible allegations regarding the use of excessive force by the police. “Were there any guidelines regarding the use of force in the police force; was there an independent oversight of police action and how did it function?” they asked.
In his response, Henderson said that the opposition, in the weeks leading to the December 2019 elections, had used threats, intimidation, disruption and propaganda war.
According to a report from the UN Human Rights Committee, he said the action of the opposition had threatened to derail the polling activities and had represented real and serious threats to life and property, particularly in Salisbury and Marigot. They had blocked important roads and had pelted the police with stones. As a result, the police had acted to remove the blockade in Salisbury using rubber bullets and tear gas.
The people of Marigot themselves had unblocked the roads, Henderson stated, and there had been no need for the police intervention.
He said three police officers had been injured and there had been no fatalities.
UWPITES of Salisbury plus their representative Spraggz= Lennox Linton disaster in human form.
A Virus deadlier than Covid19.
Well 72 less brain cells, I am happy you said this. Didn’t they say they did not shoot anyone? Now you are admitting two people got shot? In your quest to defend issues you know nothing about, you have succeeded in clarifying for us, that the police did shoot two people and of course they were live rounds, not rubber bullets. Stay off the internet brainless!! (By the way, he was not a police officer. Another reason you must keep your hollow closed.)
Hope the historians keeping records.
People of Salisbury, when you live in a glass house don’t pelt stone. Remember to every action there is a reaction. You give blows so expect blows in return.
Do you ALL remember the pain and suffering you have caused to innocent people by your actions? BLOCK roads. Set fire on the steel etc? Now you ALL crying foul like you are always the victim.
I hope you are watching on CNN that angry protesters blocking the major highway I -75 in Atlanta and the police didn’t shoot anyone. The police and the government need to be non-violent.
The UWP continues to amaze me. One time the elections is illegal next time they are participating in the illegal process by taking their seats in Parliament. I have heard them say that the court is bias to the government today they seem to be taking everything to court. I hope when the court decides and it turns out that they lost the case they don’t go crying foul. I respect anybody rights to go to court but they must learn to accept the court’s judgment and move on
The THUGS in uniforms come on here defending Skerrit when I say he will give them cyanide to drink. if this leader allows his thugs to rain tear gas on people, don’t you think he is capable of giving you all cyanide to drink?
That said, hurry up and take his behind to court. Nothing is going to come out of it,but at least, try.
Will this case be carried live on radio and television so that citizens can witness the proceedings?
Boy I wish I were the magistrate or judge on this case. My judgement would be swift and calm. Roosevelt Skerrit 50 yrs for that and other crimes. Blackmore 35 yrs for that and others, Reggie Austrie 49 yrs for this and others, Ian for 5 yrs for being stupid, Rosslyn 35yrs, Tony 60yrs Mills, Valarie, Cristian 20 yrs each, Carbon 5 yrs for being stupid and all others 15 yrs.
Blackmore is too cute to be following skerrit around. Instead of jail time, I’ll take him.
To the good people of Salisbury, the rest of Dominica is behind you,and God is on our side. We will prevail.
Skerit and his bunch of mercenaries must be taught a lesson.
DNO, you refer to an armed assault by a well-armed force in military uniforms against a village of sleeping people at 4 in the morning as an “incident”!!!??? And you quote the slanted view of this state official, Vince Henderson, someone who was not even there. Guess we know where you stand. Good luck to the honest people of Salisbury and Cara Shillingford.
After say Government paying Tonny Astaphan to much money when is all you that giving him work to do with that nonsense case and is Government that have to pay. After all you block Road, stone people, burn the road, stone police, broke transport glass, abuse people verbally, prevent school children from doing exam, prevent people from going to hospital all you want to take government to court, I wish you all pay government for their legal cost.
Why don’t you pay the money back that you received over the years from the Red Clinic? That would be a good contribution towards the legal cost. Oh sorry, I forgot you bought rum for it already…
Sounds like a pie in the sky cause of action. The lawyer filing such an action should be personally condemned in costs should the cause fail.
Herbert, no wonder you get fired. Who wants a judge like you.
Nobody expects you to bray a a different tune than this one.
Shut you donkey mouth in your M_P
In This pandamic the only thing you guys can do is drag mud through the court
The government should take them to court for burning tyres and destroying the road idiots. Do they have a Right to burn tyres did the smoke from the tyres not affect them give me a break.
Herbert Volney, an egotistical, self-serving, self-interest, unprincipled maniac like you, will not understand legal arguments regarding Human Rights! As a failed and disgraced former government minister and a former Supreme Court judge in Trinidad, with Dominican roots, you continue to be consistent in your embarrassment to your family, friends, countries, and the Caribbean generally! You are such a disgraceful embarrassment that even Prime Minister Roosevelt Skerrit knows better than to take you on for that Dominica appointment that you seek to make your comeback, but not on our backs, Herbert Volney, Dominica does not need to pick up kakarat! Justice must prevail in this case against the aggression of the State! If just to be documented for history to recall this vile administration, I say that it is worth it. It shall be a stain against Labour and Skerrit rule in Dominica! History will remember this day! We shall remember this case!
This is all Herbert Volney is worth, embarrassment CoP slams Volney’s irresponsible COVID party comment
Herbert, Vince told the August body, the UN Human Rights Commission, that the threat from Salisbury was a “perceived” threat. As an educated man you must know that someone can’t be charged fees and interest by a bank on perceived borrowing. It’s based on facts so when you actually borrow the money then the costs and interest rate is applied. I raise this facetious example to show you how ridiculous the government action was. The court might not want to upset the stability of the country, however, the government can be sanctioned and reprimanded. That would be a victory.
Garson you were a judge at the highest level in Trinidad and a government minister so why are you so despised by the Trini people? Tell us! You know what, prove your worth and come practice law in Dca or better yet apply to be a magistrate in Dca or Judge in the Eastern Caribbean System. If not, go find a life sir, PLEASEEEEEEE leave us alone!
This is an most opportune moment for the DBA to show their mettle and provide guidance and legal assistance to the beleaguered villagers. What MADNESS❗ Teargassing an unsuspecting community while the residents are soundly asleep, in the unholy hours of the early morning, is heartless and criminal. This sort of action is only done by dark, wicked and brutal autocrats and loose cannons like Vladimir Putin of Russia, Xi Jinxing of China, Rodrigo Duterte of the Philippines and Kim Jong-un of North Korea.
Cara Shillingford is our modern day Martin Luther King Jr.
None of the leaders you mentioned has tear gassed their people in the last 3 weeks except the bastion of peace and freedom……
Perfect timing! I hope sooner rather than later this evil government of Roosevelt Skerrit gets their matching order. That to me is attempted murder on the people of Salisbury and I would not be surprised that even if no one died at the moment some might have died later as a result of what they experienced.
They are very evil and when I think of them I always think of John:10:10 where Jesus says the thief came not but to Steal, kill and to destroy and in John 8:44 “He was a murderer from the beginning, and abode not in the truth….”
So Vince Henderson with a doctorate of some kind told the World that the police took action at 3,30am so as to neutralize a perceived threat based on actions some of the villagers took sometime before. In others Vince is telling the World the actions were justified even if a number of the persons tear gassed were not part of the perceived protest and were as fact still in their beds. Is Vince using the premise PETER will pay for PAUL no matter what? By his own admission and by the very actions of the State forces it was determined that every man jack in the village were part of the plan to continue the protest that very day and therefore it was justified that they be teared gassed. Well, well, I without a law degree can’t see that argument standing in a court of law not even in a kangaroo court. In my opinion the action by the State was careless, dangerous, without regard and absolutely arbitrary. But the again this is Dominica; it would be nice to hear the BAR association.
Vince Henderson, our Ambassador to the U.S.A. Does not have a doctorate. He has a J.D. degree, the U.S. equivalent of an LLB or B.A. in the U.K.
That’s incorrect. Henderson holds a Doctor of Law and Policy degree from Northeastern University, which is an academic doctorate, not a JD.
My point is he apparently doesn’t deserve it that is argument of justification for tear gassing innocent people.
That is what I like about Steve Foerster, he doesn’t say much or give any crap, but his comments are always true to facts.
To the good people of Salisbury, the rest of Dominica is behind you,and God is on our side. We will prevail.
Skerit and his bunch of mercenaries must be taught a lesson.
Hopefully, they learnt not to block the road, throw stones and fire bomb the police. If they can prove that they did not do these things it’s an easy case for the Salisbury people.
Yes, because all the people who were sleeping in their beds, including the elderly, were throwing stones and firebombing the police. Sounding real bright.
I am proud of the people of Salisbury for taking the matter of the abuse by the Skerritt police force on them when they were most vulnerable and in their beds to the courts. The duty of the police is to protect and serve. To descend on a community and with a broad brush implicate all the residents of Salisbury for something which they believe “might”happen, is reminiscent of apartheid South Africa, and how the white government treated the black citizens there. There are other legal ways to deal with situations which a government considers” might” happen. One is to isolate the leadership of an effort from the situation. To add insult to injury, the police use of dangerous and expired tear gas is criminal. I suggest that the matter be brought to the court of human rights. Things like this cannot be allowed to go without reprimand at all levels and at the highest levels. Are those who support this abuse, endorsing the abuse of their children?
Again, thank god for his small mercies. Finally we have people among us brave enough to stand up and fight for the marginalized regardless of their political affiliation. This unfazed and brave legal team deserves a round of applause!
I humbly ask that the same court system that was defended by the bar association earlier as if it is the “best thing to happen to Dca after BULLJAWE” will schedule this hearing speedily taking into consideration the old age of some complainants. GON died without proper redress so lets not allow it to happen again. I also hope that same bar association will keep the pressha on the court to move this one quickly….like yesterday.
Hold you head high Miss. Shillingford because I know your dad and the Dcan public have your back! Not even the Lil Willie guy will dare mess with Hilary’ princess…ohhh noooo! Fear no more, the day of judgement for the said Rouge Cabal is at hand. Long live Buju, Blessings, Lofty, Matt, Seth, Pyro, Kara and…
@Bwa-Banday Again, thank “god” for “his” “small mercies”
You are right to say it that way, especially saying “his small mercies”, because your “god” who is the god of this World, can only deliver “small mercies”, which is extremely “fallible”. You should wait for the outcome of that situation before you start celebrating.
But “God” of Love and Holiness always delivers “His” Great Mercies” to His people, you are not one of them, for you belong to the World.
Salisbury people act just like my ex woman, always playing victim when they are the aggressors. A pity God not a R.S.S soldier nor is he a Police.
Well, well, well… Now we are talking! I guess the judicial system in DA will have to show their hand now. Are they impartial or are they puppets of the Skerrit regime?
What about Mr. Shillingford, a former Police officer who was shot in the legs? He wasnt part of any protests. The other guy as well.
Finally, I would like to see this matter dealt with swiftly, I fully support this action