UWP court matter adjourned

The High Court on Wednesday adjourned a matter by United Worker Party (UWP) which is challenging the validity of the election of Eliud Williams as President of Dominica.

The UWP in its claim form filed in the Roseau High Court, dated October 26, 2012, by attorney J. Gildon Richards and claimant, Hector John, lists Prime Minister Roosevelt Skerrit, Speaker Alix Boyd-Knights and the Attorney General Levi Peter as the defendants.

“The nomination by Prime Minister Roosevelt Skerrit of Mr. Eliud Williams for election to the office of the President of the Commonwealth of Dominica, without first consulting with the Leader of the opposition in observance of compliance with the provisions of section 19 sub sections (1) was unconstitutional, null, void and of no lawful effect,” one of the petitions filed in the court documents reads.

The State acknowleded that it is yet to file a defense and said it is represented in the matter by Anthony Astaphan SC.  Astaphan was not in court on Wednesday when the matter came up for case management. However, Alick Lawrence SC, held papers for him.

Justice Brian Cottle, who swore in President Williams recently, represented the Chief Justice who was unable to make it to the court hearing. During the proceedings he asked the UWP lawyer if they wanted him to recuse (remove) him-self from the matter and ask for an ‘outside’ Judge to which The UWP lawyer, Gildon Richards, agreed.

It is now left to the Chief Justice to determine which Judge will be so assigned to deal with the matter.

The government side was also given time to file its affidavits and its defense.

No date has been fixed for the next hearing but the government side has stipulated dates according to the Civil Procedure Rules (CPR) to files its defense and various affidavits.

The UWP is also seeking a declaration from the courts on the actions of Boyd-Knights when she summoned the House on September 17, 2012 “knowing that there was no consultation or proper consultation by the Prime Minister with the Leader of the Opposition in compliance with the provisions of section 19 sub sections (1) of the Commonwealth of Dominica Constitution, violated the said subsection and the provisions of subsections (4) and (5) of the said section hereof.”

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48 Comments

  1. cancan
    November 29, 2012

    cttle is a playboy judge with a bias that isnt in conformity with the office he holds.. he party to much with young girls

  2. Frank Talker
    November 29, 2012

    The Courts today seem uninterested in matters of election petitions. If you do not like my choice of the word “uninterested”, then how about “uncomfortable?” These matters drag on-and-on and, often times, a decision is reached which is based on “circumstances” and not law. I can sense a growing discontent among regional people with decisions coming out of the Courts on election matters. The Court has to itself evolve if it is to survive the collective discontent of our people.

  3. ROSEAU VALLEY george
    November 29, 2012

    Its preposterously foolish and distasteful when gowned idiots continue to depart from the gospel truth.
    The debate continues on whether our election of the president makes legal sense of meets the constitutional requirements. Reference had been made of the none involvement of Justice Cottle in this matter. The records shall indicate that this is not new and while he is the sitting justice here; he has never ever done any Election Petition or Dual Citizenship case nor any case of a political or quasi political outfit. he has that right to exercise judicial discretion. A precedent in this matter has long been established.
    I shall not be drawn into the currency of the discussion as to who or what is the authentic ROSEAU VALLEY but the issues emanated above is consistent with out vlown rubbish by a or the ROSEAU VALLEY. Using RESPECTFULLY ROSEAU VALLEY template does not and cannot differentiate you fro yourself as being one and the same sick person; In any case if you ROSEAU VALLEY freaks are different then let the debate continue. I dont think that one person has this supreme right to be given sole usage of this name. DNO must never fall into any trap and at all ties should remain neutral.
    I believe that this issue shall be thrown out and the status quo shall be preserved. President WILLIAMS was duly elected.

    • 1979
      November 29, 2012

      stupes….. find a cliff dude and do everyone a FAVOR…..

  4. dayandnightvision
    November 29, 2012

    I am really tired of an ineffective opposition(UWP+)When will they realise that they are flogging a dead horse? The best advice for them is to stop their puerile griping and go into retreat. The radio programmes on Q95 are killing them, as people are nauseated. They have disrespected everyone in society without exception. What do they expect. Even a call for
    ‘boots on the ground’went unheeded. So give PM Skerrit a break and let him run the affairs of the country. Go back and regroup. Wheel and come again

  5. Grain Sel
    November 29, 2012

    it is sad when I read foolishness from so called Dominican who are so color blind,peoples it has nothing to do with party or who ever you are supporting,this is about money greed and power. Do you honestly believe that the opposition would have done better if they were in power,Did you all ever had the opportunity of looking at the finding and adding up the numbers when they were in power.
    We all know that the PM says things but the laws are in place and he has to abide by them in spite of his position of power.
    Do you really see anybody on the opposition side (with their political in fighting) capable of leading this country back to the days of financial bloom, this is a global issue.
    every country has their fair share,the same cries and issues of employment,murder,divorce,decline in family standards,gay rights that the order of the days, governments in the region are working hard to solve their own issues,but that’s it, these are the days that we are living in, we can’t do nothing about it,no government or one person can change this.So please if you can’t offer a solution please pray for your leaders.
    You want to see how bad things are go to St Lucia for a month, the murder rate, gang violence,or Antigua drive by shooting,etc. this is a reality that some of us to well acquainted with.

    • ^
      November 29, 2012

      MORE RUBBISH AGAIN BY A LAZY SYCOPHANT.Yes i firmly believe that the UWP would do a million times better than this corrupt cabal that’s praying on the ignorance of beggars like you, who continues to pick up crumbs from under their table.

    • GWATANCE
      December 1, 2012

      i agree with you especially your 3rd para. There are many more important issues in Dominica to be dealt with than this pettyness. It will be good to know who was the nominee of the post the UWP

  6. Grain Sel
    November 29, 2012

    it is sad when I read foolishness from so called dominican who are so color blind,peoples it has nothing with party or who ever you are supporting, this is about money greed and power. Do you honestly believe that the opposition who have done better if they were in power, have ever had the opportunity of looking at the finding and adding up the numbers,
    We all know that the PM says things but the laws are in place and he has to abide by them in spite of his position of power.
    Do you really see anybody on the opposition capable of leading this country back to the days of financial bloom, this is a global issue.
    every country has the same issues employment,murder,divorce,decline in family standards,gay rights that the order of the days, governments in the region are working hard to solve their own issues,but that’s it, these are the days that we are living in, we can’t do nothing about it, no government or one person can change this.So please if you can’t offer a solution please pray for your leaders.

  7. ROSEAU VALLEY
    November 28, 2012

    All is well! Let’s remember that during the debate, the all knowledgeable SC advised us that as long as the Speaker issues her certificate to officially announce the election of the president – that is it,.. The election of the president cannot be challenged in any court of law. He vomited an array of “red herring” sections of the suspended constitution by the Doctrine of Necessity in support of his false advocacy.

    But the UWP has done the right thing. I remain steadfast in my belief that the election of the current president was unconstitutional and illegal. Unless sound reasons can be advanced to convince me otherwise, Dominicans must be thankful to the UWP for standing up for our constitution and for future generations win, lose or draw.

    Where or not the case is adjourned is insignificant at this juncture. The fact remains that the case has been filed in a timely manner and the wheels of justice have begun to turn- however slow they may turn.

    While we await a new date for the hearing and the interesting “red herring” defense of the State in the face of yet another irony where the State is fighting against those who seek to uphold the constitution, I remain particularly pleased that Justice Brian Cottle has asked to be recused from the matter . This is an encouraging sign that our judiciary is beginning to understand that Dominicans are watching and we are very concerned.

    I patiently await the next development in this matter and believe that the Court of Appeal will first advise us that we have an illegal Prime Minister and an illegal Minister of Education before it tackles the case of our illegal president.

    Respectfully
    Roseau Valley

    • commodore leatham
      November 29, 2012

      why do you fool yourself
      two-faced ROSEAU VALLEY.
      STOP MISLEADING THE READERS

  8. ???????????
    November 28, 2012

    A sad state of affairs that our country is coming too all in the Name of Democracy. Those who are encouraging persons to be desrespectfull will have their day as well. When you teach your children to be disrespectful of Authority, hope when they disrespect you that you won’t be vexed. Adults please behave as Adults because the pit you dig today will be thee to haunt you just saying. Person who supposedly should know better have no respect for Authority .. just saying. And you will be the one to say the young have no respect. What are we teaching them but to be disrespectful.

  9. bee
    November 28, 2012

    UWP will be tired of going to court and nothing
    good is coming out of it but complaining they
    don’t have money.

  10. Dickson
    November 28, 2012

    Boy if the UWP win this case, that would be an embarrassment, to Justice Cottle, Prime minister, Speaker of the House, Alick Lawerence.

    ohhhh I forgot the people of Dominica.

  11. ....................
    November 28, 2012

    LET the law deal with him if he is illegal.

  12. Lougaoo Mem
    November 28, 2012

    Are we to believe that our beloved country is one of no laws, and not even the CONSTITUTION can stop elected leaders from doing what they want? Hmmmmmmmmmmmmmmm!

    • Observer
      November 28, 2012

      That interpretation of what the PM said has not worked, is not working and will not work for your cause. Are you so blind that you cannot see? Repeating it adnauseum will not get you the desired results

      • 1979
        November 29, 2012

        No law not even the constitution not even holy water and prayers can make an evil man do the right!

  13. 1979
    November 28, 2012

    The initiation protocol into the DLP cult mandates the disrespect of the constitution..this u MUST do to prove your loyalty to self and party…

  14. JB
    November 28, 2012

    It is time to stop all this nonsense and get on with the business of governance!

  15. *
    November 28, 2012

    Let us state becoming a country. Throw him out if his appointment in breach of the constitution.

    • ???????????
      November 28, 2012

      And I will appoint you President!

  16. ()
    November 28, 2012

    Wish they send him packing… This place called Dominica is too lawless under this failed and corrupt regime.
    Things have to be done according to the constitution, but again Skerrit said ‘No law No Constitution’ can stop him you know….Wish it gets back to bit him real hard.
    This is a poor and failed country where all institutions have been destroyed.

    • bjr
      November 28, 2012

      put your name on it coward

    • Grain Sel
      November 29, 2012

      it is sad when I read foolishness from so called dominican who are so color blind,peoples it has nothing with party or who ever you are supporting, this is about money greed and power. Do you honestly believe that the opposition who have done better if they were in power, have ever had the opportunity of looking at the finding and adding up the numbers,
      We all know that the PM says things but the laws are in place and he has to abide by them in spite of his position of power.
      Do you really see anybody on the opposition capable of leading this country back to the days of financial bloom, this is a global issue.
      every country has the same issues employment,murder,divorce,decline in family standards,gay rights that the order of the days, governments in the region are working hard to solve their own issues,but that’s it, these are the days that we are living in, we can’t do nothing about it, no government or one person can change this.So please if you can’t offer a solution please pray for your leaders.

    • Anonymous
      November 29, 2012

      when they send him parking he has something to fall back on because he did not live his life TE TE MANGE MAL KACHILE’ LIKE some of you. “GRUDGERS”

  17. CYRIL FRANCIS
    November 28, 2012

    why cant dominica can be demo/crict like other countrys. WHAT i am saying every body has there turn in life , GIVE me abrake ; why cant one be free to run his owne cou ntry where he was born? in other words my kids have no rite in my country where i was born? THE former presedent of HAITI was from martinic /one of the former prime minister of ST, KITTS was from DOMINICA / ONE of the police com, of the U S V I is from ST. JOSEPH .ONE of the MPS in ST. MAARTEN is from DOMINICA; WHY should MR. WILLIAM cannot be a ROLLER in his owne country , WHY can the PRIME minister who born in D A , cant run D A?. I would like if my chrilden can owne a DOMINICAN passport ? i am li ving almost 36 years out of DOMINICA / I have kids from HOLLAND/ARUBA /ST. MAARTEN . MANY of them dont know DA, MOTHER and father are from DOMINICA ; SO WHY DOMINICAN has more rights in other mans COUNTRY than in the land where they were born?

    • 1979
      November 30, 2012

      before god and all man kind CYRIL FRANCIS pledge ALLLLLLLLLLLLLLLLLLLLLLEEEEEIIIGGANCEEEEEEEE to the commonwealth of Dominica, and the sovereign republic for which it stands…..

      WHAT DOES CYRIL FRANCIS AND DNOOOOOOOOOOOOOOOOOOOO understand by this excerpt from the national pledge??????????????????

      admin, u didn’t approve my post? I wonder if you know the national pledge….. my boy if you not strong in your ENGLISH VOCAB, please moderate with an OXFORD DICTIONARY AT YOUR DESK….those MORONS don’t understand what the word ALLEGIANCE MEANS, if only they understood the meaning of the word they would not be arguing about right and where they from and what not and what is!

      get a clue!

  18. 4u2c
    November 28, 2012

    Justice maybe slow but despite of it all, it is needed. UWP is doing this not for only the younger generation to come but to also the older generation that is currently very relaxed at all sort of law breaking and wrong doings. Justice for the constitution protects ALL of us.
    Even those who do not want the case, this justice will protect them too……
    Lets us show the younger ones good so we can inherit better when we get older; as the now younger ones take possession of power in years to come.

    • R
      November 29, 2012

      crabs in a barrel. “the only way way uwp wants to get on top is by pulling the others down.”

      Stop, we have issues that alternatives can be presented. give us alternative plus of action.

      its is easier to oppose than to get work done.

  19. huh
    November 28, 2012

    SMH!… Is UWP going to take everything to court?!

    • Dickson
      November 28, 2012

      Yes! if it is illegal.

  20. Shameless
    November 28, 2012

    Thank you Hector for having the B***s to fight for our future. We cannot allow the DLP to continuously disregard our constitution.

    Assertive, NOT Agressive!

    • dayandnightvision
      November 29, 2012

      YOU SEE SPAGGS HAVE BALLS??????????????? DOTISH!!!!!!!

  21. Mamizoo
    November 28, 2012

    The UWP made the point and I believe that those who refuse to be blind and dumb understands the ominous nature of this present administration. Approaching the court on the matter is sort of playing into the game of lawyers like Alick and Tony whose sole purpose s to make money of the treasury and poor tax payers. I believe that the UWP should let it go.
    The same lawyers who encourage the government politicians to disrespect the constitution are the same ones paid to defend the government in court. So while they pay crooked lawyers to defend government misconduct at several hundred thousand dollars the government is claiming they cannot pay civil servants a reasonable increase.
    At least the laborites cannot claim that UWP beg the people for money on this one.
    It’s like a mechanic pouring sugar in your gas tank so you will keep taking your vehicle back to his shop.The crooked politicians are way to dirty and compromised to notice that mechanics are pouring ugar or water in the gas tank.

    • Law Student Tobe
      November 29, 2012

      Doesn’t the Legal Ministry have enough qualified personel to represent the Government in court?

      • Mamizoo
        November 29, 2012

        My dear innocent one, yes government has lawyers on the payroll and an Attorney General. Guess who directs the AG ? Are you aware that the young lawyers have been taking direction from a certain senior counsel and that when the AG instructs the senior counsels are issuing other instructions?

  22. Too hard too long
    November 28, 2012

    Sigh

  23. friend gwada
    November 28, 2012

    dominicans it may look like a waste of time but the government needs to stop disobeying the laws of the land. let us guide the younger generation correctly. i feel for the UWP but they have to do wat they have to do for the sake of the children.

    • Observer
      November 28, 2012

      The UWP must do what it has to do including seeking judicial redress in the courts. I agree 100%. Any reason then, why they have lost almost all the matters that were brought before the court? Please don’t tell me that Skerrit paying the judges, because that too is another a no, no.

      One of the reasons for the UWP losing most, nearly all of their cases is as a result of the quality of advise thaey have been receiving over the years. They have failed to realize that political arguments on the platform and on the talkshows have no place in a court of law. It is easy like that. But I agree the court is the best place to get the issue right. One thing though. The UWP is yet to agree thatthe court’s decision has to be respected even though one does not agree with it. There are very decent ways, well established in law where disagreeing with a judge’s decision does not lead to denouncing our court system in the vilest of ways.

    • Joe
      November 28, 2012

      The UWP is the one DISRESPECTING our Courts and all the bright minds within the Government system… Legal Affairs is not just the AG and Ian it is a whole department full of well qualified Lawyers, they are the ones who advises Cabinet, so is not Skerrit!!!!!

      • ....................
        November 28, 2012

        JOE FOO!POOR JOE.

    • Me
      November 28, 2012

      Whose children? My children are well educated and to them the UWP is a joke!

      • Dickson
        November 28, 2012

        It is clear then that they were schooled in the wrong school.

    • Met Yo
      November 28, 2012

      Sake of who children eh? Speak for yourself do not try speaking for Dominicans….Frankly these diversonary tacticts of the UWP are getting old…..What is your plan as a party to move DOminica forward should you be sucessful at the next polls? What are your concerns about the Supplimentary estimates presented in parliment today…Were you able as the Head of the Public Accounts Committe and Opposition critique the Govt request for the 95 million? Have you put forward an alternative plan? This is what we would like to hear from our opposition……All this nonesense about this case and that case will not pacify the masses anymore….Dominicans no longer subscribe to rum shop politics and he say she say…..Present a plan to us or frankly shut up…..

      • November 29, 2012

        I believe you think little of the LAWS of the land and it’s people but most of all I am very sorry for your children if you have any at all the UWP are not doing anything for themselves have you ask yourself the question why Skerrit and his followers can disrespect the LAWS do as they please get away with it and yet our JAIL HOUSES are fill with men and women who brake the laws where is the justice, no one is above the law.
        Go on the internet and read about the mayor of Toronto Canada Rod Ford the LAWS just throw him out of office for exactly what Skerrit and Peter did he believed he could do as he want the same attitude this time he is thrown out of office he have 14 days to clear out, so you can tell yourself what these guys are doing is right and just, By the way one haven got to be a UWP supporter to have a mind to think for themselves it’s time you guys get over it people are speaking out because they had enough.

    • .
      November 28, 2012

      I fully agree with you.

    • Lougaoo Mem
      November 28, 2012

      Very good insight! Good vibes looking out for the children and future of the country.

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