The Government of Dominica has appealed against the decision of the trial Judge to dismiss the charge of “Incitement” against former Prime Minister Edison James, leader of the United Workers Party (UWP) Dr. Thomson Fontaine, and former Opposition leader Lennox Linton.
In dismissing the charge, against three opposition persons, including former prime minister, Edison James, the Judge said that the Dominica constitution provides for “the right to a fair trial in reasonable time”.
The Judge also noted that “the length of time between the charge and hearing was unjustified.”
The judge said that “justice delayed is justice denied,” and that trials should be heard within one year for indictable matters, and in the case of a preliminary inquiry, the timeline must not exceed six months as in this matter”.
” I am satisfied that the constitutional right to a fair trial within a reasonable time was infringed,” Justice Colin Williams said, adding that “the delays in this case were unjustified.
“The court finds that the matter must be permanently stayed,” Justice Williams added.
But the State through its Trinidad-based lawyers headed by Israel Khan SC has filed a “notice of appeal” on the decision and findings of the trial Judge Colion Williams.
More to follow…