Urgent Court Judgment: Labour Wins Election Petitions

[Dominica Elections]

Urgent Court Judgment: Labour Wins Election Petitions

The High Court of the Commonwealth of Dominica ruled on applications to strike out five Election Petitions against successful Labour candidates in the 2009 General Election. The Petitions were brought by five unsuccessful opposition United Worker Party candidates. Below is a summary of the judgment:

August 25, 2010

 

Claim No. DOMHCV2010/0003

 

Four of the five Election Petitions brought against successful candidates of the Dominica Labour Party by the failed United Workers Party have been struck out by the High Court.

 

The charges of denial of access to state radio and breach of the right to freedom of expression in the fifth Election Petition brought against the successful candidate of the Dominica Labour Party and Prime Minister, the Hon. Roosevelt Skerrit, have been struck out by the High Court.

 

However, the portion of the Petition against Skerrit will proceed to trial to come to a determination on the issue of disqualification from nomination and election.

 

The Election Petition brought by the failed UWP candidate in the 2009 General Election, John Abraham against Labour MP, the Hon. Kelver Darroux, charging bribery, treating, illegal practices, return of votes wrongly counted, has been struck out.

 

The Election Petition brought by the failed UWP candidate in the 2009 General Election, Bobby Frederick against Labour MP, the Hon. Ambrose George, charging bribery, treating, illegal practices, and denial of access to state radio and breach of the right to freedom of expression, has been struck out.

 

The Election Petition brought by the failed UWP candidate in the 2009 General Election, Claudius Sanford against Labour MP, the Hon. Ashton Graneau, charging bribery, treating, illegal practices, returning voter and Form 27 Oath, denial of access to state radio and breach of the right to freedom of expression and miscount, has been struck out.

 

The Election Petition brought by the failed UWP leader as a candidate in the 2009 General Election, Ron Green against Labour MP, the Hon. Petter Saint Jean, charging bribery, treating, illegal practices, returning voters and Form 27 Oath, votes wrongly admitted or rejected, return of votes wrongly counted, denial of access to state radio and breach of the right to freedom of expression and miscount, has been struck out.

 

The portion of the Election Petition brought by the failed UWP candidate, Maynard Joseph, in the 2009 General Election against Labour MP and Prime Minister, the Hon. Roosevelt Skerrit, charging denial of access to state radio and breach of the right to freedom of expression, has been struck out.

 

Representing the Labour Party MPs were Mr. Anthony Astaphan, S.C. with Mrs. Heather Felix.

 

Representing the Government was the Attorney General, Mrs. Francine Baron Royer.

 

Representing the Petitioners (the United Workers Party) were Mr. Douglas Mendes, S.C. with Stuart R. Young and Geoffrey Letang.