UWP appeals High Court decision on election petition

The United Workers Party (UWP) has made good on its promise and has filed an appeal against the decision of high court judge Raulston Glasgow who dismissed their ten (10) election petitions filed after the December 2019 general elections.

In their notice of “appeal”, they claim that they “were dissatisfied with the decision of Justice Glasgow.”

“The Appellant will argue that the learned Judge specifically erred in law and in fact in making the findings in the extracts of his judgment set out.”

They have also appealed against the order of cost stating that “the Order of costs fails to consider that the Petitioner’s/Appellants summary for direction application in January 2020 requested that the petitions be dealt with as one petition and for further directions of the court.”

“Had the court heard the Appellants/Petitioners on the application it would have been able to guide the Respondents’ applications to strikeout and prevent the voluminous filings complained of by the judge in his order for costs.”

“Therefore, the facts that the Appellants are punished with costs in the circumstances set herein is egregious, unfairly punitive and wrong without any justification in law.”

They are asking that the Order of the High Court Judge is set aside with cost to the Appellants/Petitioners and that the Notice of Motion by which the Respondents seek to strike out the 10 Petitions is “dismissed.”

The UWP claims that the December 2019 general election won by the Dominica Labour Party (DLP) was won by fraud, treating, bribery, and manipulation.

In his 120 judgment, Justice Glasgow stated, “The pleadings failed to include particulars that would seek to identify whether the claim breaches all the irregularities affected or may have affected the outcome of the elections.”

According to him, he is careful at arriving at his decision because the petitioners are entitled to bring evidence to substantiate their contentions.

“But I cannot agree, that the petitioners will know the case and do not have not one factual basis set out on the pleadings to how a breach of the law and how it would have affected the outcome of the elections,” he stated.

On the issue of Melisa Skerrit holding a Canadian passport and traveling on it, the judge stated that the petitioners failed to prove the necessary evidence to prove the principle of foreign law that would disqualify her.

“The petitioners failed to plead the alleged foreign law and accordingly, this also has been struck off,” he said.

“Even though I find that all of those respondents were properly joined, (except DBS) the pleadings against them are inadequate and insufficient…they did not disclose a cause of action, lack of necessary details, etc and they are therefore struck out,” the judge said.

He also pointed out that while it was not the norm to award cost of such matters he will depart from the norm.

“I have found good reasons to depart from these principles to strike out these petitions. The petitioners have repeated everything verbatim; they could have done that under a single or at the most two petitions. Instead, they had to waste paper, time, and money to respond to all ten petitioners which was unnecessary,” he remarked.

“I hereby order that all ten petitions be struck out and award cost of five thousand dollars to the respondents.”

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20 Comments

  1. November 29, 2020

    Them UWPEE . NO DIFFERENT FROM TRUMP

  2. Sybil nowell
    November 27, 2020

    The whole world is full of Trumps papa .If only the Party would put that money to good use instead of all this nonesense they are carrying on with. Listen according to them Skerritt stole the election,money houses and lots more.i wonder whatvthey themselves would do because for 20 years they have done Jack sh.. so my brothers and sisters DA would revert backwards 20 years if these people come into power viva Labour . Stop kidding your bloody selves hatred is baddddddd

    • Mangrove
      November 29, 2020

      I was tempted to but I decided not to waste my breath on you, Gucci. The dollar is your motivation.

    • November 29, 2020

      Thats the way to go ..thats not kool out money..uwp is dam right…corrupt incumbency using state funds against it people…its a joy to donate to uwp

  3. Observant Reader
    November 27, 2020

    Trump has learned well form his mentors in Dominica. Cry “foul” loud. Repeat it ad nauseum. File 33 cases. withdraw most and win only one. But still cry foul. 73,000,000 votes cast for him is all legitimate. 80,000,000 votes cast for Joe Biden is all a fraudulent affair that must be overturned.

    Everything is perfect with the three seats that were won. But everything is terribly wrong with the 18 seats they lost under the same voting system.

    Going to court is one thing. Proving your allegations before the court is another. Platform arguments based on matters of personal opinion is not law and have no place in the court.

    • December 1, 2020

      Trump red..labour red..they are in office..its them thats afraid to get out..using their office to intimidate who won sincerely..trump and skerrit are the same doorty crates..skerrit give keys to people for houses causing them to believe its theirs but in parliament he claims the houses are state property…wake up..wake up .why art thou so stupid and greedy?your hungry belly should not be the god we serve…wake up dumb dumminicans..get out of that dirty can..is so we come

  4. Linclown
    November 27, 2020

    I agree with Linton as long as he continue getting money from COONUMU like Click here,RoRo,and Ibo France,then go to court.He spent $450,000 on the dual citizenship case.Go Linty go,easy money come,easy money go.I am Linclown instead of Linton.

    • December 1, 2020

      You will not tell me when and how to donate my money..win.loose or draw i will donate to uwp..you abcept state funds as kool out.now you want to tell linton what to do..shut the hell up and mind your funkee business..go to hell.its not your dam business..set of greedy dumminicans..you were a baby .now growing and you hate change..set of blind bats..if you not red you will dead..hopeless set of people..sarty sot zor ya..wake the f up

  5. pureblackmagic
    November 26, 2020

    My Fellow Dominican the struggle continues, it’s time that ………………… the local court come under investigation, taking the matter to an appeal court, is what a true leader would do, a minister, a representative of the people an opposition leader, a voice appealing for democracy, not bribery and corrupt decision made by the local court, don’t be deter UWP take and hold your stand, those of us that would like to see our homeland completely Democratic again stand with UWP, Keep raising the flag and let the anthem be JUSTICE HAS TO REMAIN BLIND …………………………………………….

  6. Get Woke, Go Broke
    November 26, 2020

    Glass houses dominicans?
    These same people turn around and critisize Trump for challenging his elections results..

    Good for the goose…

    • Jonathan Y St Jean
      November 27, 2020

      @Get woke, Go broke, you are so …. that you can’t tell the difference between the mud that Trump is throwing up against a brick wall, with no evidence, and want to compare that to a case brought by the UWP where there is evidence being presented. You need to really awaken to issues in the news even if it’s above your pay grade.

    • November 28, 2020

      Trump is the president..skerro is the p.m..they are using their power to corrupt the system..blind bat..cant u see

  7. Jonathan Y St Jean
    November 26, 2020

    I strongly endorse the action of the UWP to appeal the rulings of the coward judge. The justice system in the OECS is a joke with the residing judge in Dominica ……………………………..skillfully ducked out of hearing the case. To revise the laws is a noble exercise, but the cronyism which exists enables judges to make a mockery of those laws, as they are scared to rule against sitting governments, irrespective how illegal they may have gotten into power. What recourse is open to aggrieved parties when there is little trust in the “independent” judicial system, afraid of doing it’s job without fear or favor.I will keep advocating for judges to be elected by the people instead of having corrupt politicians corrupting the judicial system in nefarious ways.

  8. click here
    November 26, 2020

    WAAAAAAAYYYYYY!!!! we in dat!!!!! That is good. Keep up the pressure.

  9. Ibo France
    November 26, 2020

    To get a decision against the governing party in Dominica and other islands of the OECS is like pulling teeth without numbing the gum.

    I support this action by the UWP as there is merit to further pursuing these cases to the court of appeal. Justice can be long, tedious and elusive but it must be done.

    Having said this, I will like to submit that the ordinary man and woman, in their thousands, have to use their feet and voices to send an unmistakable message to the administration in power, that fraudulent elections, under no circumstances, will be tolerated any longer.

    If Dominica had a fair electoral system, where every political party contested elections on a level playing field, Skerrit and his henchmen would have been political dinosaurs.

  10. RoRo
    November 26, 2020

    Well done, we need to keep the foot on the gas and keep on applying pressure on the regime. Eventually Skerrit will buckle Nader the pressure. We need to keep asking questions that he said he would answer. Where are the accounts for the CBI program, where are the accounts for PetroCaribe, where are the accounts for the CBI housing program, did the state receive shares in secret bay, Dschungel bay and Kempinski in exchange for CBI monies?

    • awa wi doctor
      November 26, 2020

      Also how much was received from foreign entities after both TS Erica and Hurricane Maria in cash donations. Where were those funds put?

      also we need a total breakdown of the money used from the Airport (international) fund you boasted about. that 5 million would be put in it monthly.

  11. Observer
    November 26, 2020

    I love my UWP. Don’t Give UP!!!

    • Power Hungry
      November 26, 2020

      Tell Donald Trump don’t give up too. smh

      • December 1, 2020

        .power hungry..people like you are so dam blind that you see clearly in your blindness…trump in office .skerrit in office..they are both red party..arrogant like hell using their office to currupt good things..if you not red you go dead..please go and hide deep in the ocean…no more kool out till next election..you ate you biscuits so shut your mouth..pig snout walk out..dam power hungry you all are…remember..you dont have insurance if you child fall sick but pee m.told you that he have.and he ask you.what about you?..shameless dominicans..shame.shame.shame

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