Wednesday, August 25, 2010

Dominica PM, Education Minister to go to court on dual citizenship charge

A High Court judge in Dominica ruled on Wednesday that Prime Minister Roosevelt Skerrit and his Education Minister, Peter Saint Jean, will have to face trial over charges that their elections last December were null and void.

However the court threw out a number of petitions filed by the main opposition United Workers Party (UWP) regarding allegations of irregularities, bribery and corruption during the polls.

Judge Errol Thomas said the challenge to the Prime Minister’s election on December 18 last year on the grounds that he holds dual citizenship, is substantial enough.

"In all the circumstances, the Court agrees that the elements of disqualification have been pleaded. And it is the further conclusion of the Court that the First Respondents have been made aware of the case they have to face, namely disqualification; and further still a cause of action has been made out,” Justice Thomas said.

He also ruled that the petition by the UWP leader Ron Green challenging the election of Saint Jean be heard before a jury.

Green was pleased with the ruling.

"It is important that the question of allegiance of Prime Minister Skerrit and Peter Saint Jean is going to be tried in a court of law and evidence will be brought forward to see whether they in fact eligible to contest,” he told reporters.

Attorney General Francine Baron Royer said she is confident that the Prime Minister would win the case.

“We believe that the allegations that are being made are not sufficient…to disqualify the Prime Minister and Honourable Saint Jean”.

The petition claimed that at the time of nomination Skerrit was a French citizen and was therefore “not qualified and was disqualified from being nominated and from being elected and/or returned as a member of the House of Assembly".

Skerrit’s Dominica Labour Party (DLP) was returned to office for a third consecutive term with a convincing 18-3 victory in the December election.

The UWP subsequently filed petitions challenging the results in five constituencies, claiming widespread voter irregularity, bribery and fraud. The judge dismissed the bribery allegations.

“The petitioners have completely and absolutely failed to properly plead or perfect the allegations of bribery. Instead of the material facts and particulars, which were required by law, the petitioners pleaded general allegations, the language of the Act, and mere statements of opinion and conclusions," the judge stated.

“In view of the requirement to plead bribery specifically and fully, and the consequences of a finding of bribery, the pleas of bribery are wholly inadequate and do not disclose a reasonable cause of action," the judge said.

He said that Dominicans residing overseas were eligible to vote “unless their names had been deleted” from the voting list and there was no cause of action on the charge that overseas Dominicans, according to the UWP petition, were brought in to vote illegally.

“Contrary to the submissions on behalf of the petitioners, it is the ruling of the Court that persons living abroad in excess of five years are qualified to vote, unless their names are deleted in accordance with Section 7 and 11 (b) of the Registration of Electors Act,” the judge said.

(CMC)

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai