ROSEAU – The Eastern Caribbean Supreme Court of Appeal has reserved judgement in a case against Prime Minister Roosevelt Skerrit and several other ministers of the ruling Dominica Labour Party (DLP).
The High Court had dismissed a criminal complaint of alleged treating and bribery filed against the elected Cabinet ministers, who were candidates of the Dominica Labour Party (DLP) before the 2014 general elections.
In the case filed by former police officer, Anthony Defoe, Mervin Jno Baptiste and Edincot St. Valle, they allege that government ministers “worked together to corruptly, directly and/or indirectly influence the results” of the poll.
They made reference to two free concerts, one featuring three-time Grammy Award winner and international gospel star, Donny McClurkin, and the other by Jamaican Reggae star, Morgan Heritage, as ways used to “corruptly influence” the outcome of the general election, something he says was done in contravention of Section 56. A of the House of Assembly Elections Act.”
Senior Counsel, Anthony Astaphan, who had earlier described the lawsuit as politically motivated and an abuse of the legal process, told reporters following Thursday’s Appeal Court hearing that Dominica’s election laws state that complaints against elected members could only proceed in court through election petitions at the high court.
He said he was confident of victory at the Appeal Court, noting that there were several key points during the sitting.
“One is that a politician cannot say that he is not filing an election petition and deciding when to file it at his political convince. That is a straight regime to be applied under the House of Assembly Act,” he said, noting “in so far as an allegation of treating concern an elected member, it must come by petition.”
“I think the argument went extremely well. Initially there were a number of questions from the Court of Appeal which I like because it gives you an idea what they thinking of and where they are going,” he said, adding “we are quite optimistic.”
But attorney Cara Shillingford, who is representing the petitioners, told the Court of Appeal that the High court judge erred in law since the magistrate had jurisdiction to hear the complaint made against the government ministers for treating and bribery.
She too was equally confident of victor before the Higher Court.
“There were lots of discussions concerning the rule of law and whether it is that government ministers and elected members are above the law and whether it is that the law applies to everyone equally.
“Our position is that the law applies to everyone equally and that sitting members of parliament are not immunised from criminal prosecutions,” she said, adding that she is “very confident because having thoroughly researched this issue I am certain that our position is correct”. (CMC)