PRESS RELEASE
On Wednesday, October 30, 2024, the attorney representing the claimants in the above legal matter filed a Certificate of Urgency asking for the urgent intervention of the court and provided to the court justification for an expedited treatment of this matter.
In the Fixed Claim that was filed on September 4, 2024, the claimants are seeking several
declarations, to include a declaration from the Court that the General Elections held on
December 6th, 2019, and December 6th, 2022, were unconstitutional.
The legal team representing the four Claimants – citizens in the Commonwealth of Dominica in this ongoing case before the High Court of Dominica was perforce to file this Certificate of Urgency on October 30, 2024. This action follows the initial submission made on September 4, 2024, which seeks to challenge the constitutionality of the general elections held in the Commonwealth of Dominica in 2019 and 2022. As of the issuance of this release, the court has failed to issue a date for a hearing to the filing of September 4, 2024.
The Certificate of Urgency emphasizes the pressing nature of this matter, underscoring the need for the Court to expedite its consideration. The claimants assert that the existing electoral framework raises significant concerns about the fairness, transparency, and integrity of future elections in Dominica. Given the importance of upholding democratic principles, the claimants believe the Court must address these issues promptly and with a sense of urgency.
In filing this Certificate of Urgency, the claimants are requesting the Court to issue eighteen
(18) declarations regarding the legality of the aforementioned elections. The urgency of this request is underscored by the need to ensure that Dominica is adequately prepared for any upcoming elections, safeguarding the democratic rights of its citizens.
“We are committed to ensuring that the electoral process in Dominica is transparent, fair, and democratic,” stated the lead counsel for the claimants. “The timely resolution and urgent consideration of this matter is essential for maintaining public confidence not only in our electoral system but also in our judicial system.”
It is worth noting that the Caribbean Court of Justice (CCJ) opined in section (108) of its report dated July 5, 2022, about the 2019 General Election “However, there remain areas of grave concerns about how the process of these elections was conducted. Future elections in Dominica ought not to proceed with these or similar taints”
Notwithstanding these concerns of a ‘tainted electoral process’ and as raised by the CCJ, – the Apex Court – a SNAP election was held on December 6, 2022 The claimants urge the Court to consider the implications of the current situation on the electoral rights of the people of Dominica and to take swift action to uphold the democratic process.
The claimants emphasize that this action is not about political partisanship but rather about the integrity of our electoral system and the fundamental democratic rights of the people of the Commonwealth of Dominica, as enshrined in the Constitution of Dominica. We call on all Dominicans to remain vigilant, informed, and engaged as we seek clarity and justice
through the courts.
Filing of Certificate of Urgency in Constitutional Challenge to 2019 and 2022 General Elections in the Commonwealth of Dominica
Case Number DOMHCV2024/0181 – Filed In The Eastern Caribbean Supreme Court In The High Court, Commonwealth of Dominica – Submitted Date, September 4, 2024
BETWEEN:
Tahira Blanchard of Pointe Michel 1st Claimant
Diane Victor of Mahaut 2nd Claimant
Michael Astaphan of Canefield 3rd Claimant
Nicholas George of Colihaut 4th Claimant
AND:
President of the Commonwealth of Dominica
Sylvanie Burton 1st Defendant
Chief Elections Officer
Ian Anthony 2nd Defendant
The Attorney General of the
Commonwealth of Dominica 3rd Defendant
Duncan Stowe 4th Defendant
Chairman of the Electoral Commission
Hilary Shillingford, 5th Defendant
Member of the Electoral Commission
Wayne James, 6th Defendant
Member of the Electoral Commission
Lennox Lawrence, 7th Defendant
Member of the Electoral Commission
Alick Lawrence, 8th Defendant
Member of the Electoral Commission
Dominica Broadcasting Corporation 9th Defendant
“Caribbean Court of Justice (CCJ) opined in section (108) of its report dated July 5, 2022, about the 2019 General Election “However, there remain areas of grave concerns about how the process of these elections was conducted. Future elections in Dominica ought not to proceed with these or similar taints”
This shamefully oft-repeated one line from the CCJ’s report has the sole effect of distorting the full weight of that CCJ report (i.e. mind-bending), which essentially says that the few anomalies that existed in conduct of our elections are not significant or systemic enough to nullify the results. Besides, that one line was issued by one judge, in the absence of any court proceeding that examined evidence purporting to support the claims by the opposition forces. Stop the distortion and disinformation!