The Election Petition matter filed by the United Workers Party (UWP) against 10 sitting Dominica Labour Party (DLP) parliamentarians following the December 2019 General elections has hit another roadblock.
Chief Justice of the Eastern Caribbean Supreme Court (ECSC) Dame Janice Pereira will now have to appoint another judge as the latest judge appointed to hear the matter has stepped down.
Resident Judge in St. Kitts & Nevis, Justice Eddy Ventose was slated to hear the matter after Justice Bernie Stephenson recused herself following growing calls from opposition leader, Lennox Linton, and others, for her to do so.
However, in the latest turn of events, Justice Ventose has now washed his hands and will no longer continue to hear the matter which began last week and was adjourned to July 7, 2020.
Prior to the appointment of Justice Ventose to hear the matter Attorney General Levi Peter had written to the Chief Justice Dame Janice Pereira requesting that another judge be assigned to hear the matter on the basis that Justice Adrien- Roberts was “familiar with the parties involved in the matter.”
In a letter signed by six local attorneys and addressed to the Chief Justice, the lawyers reasoned that Justice Wynante Adrien Roberts, who is the other sitting judge in the jurisdiction, should automatically hear the matter on the presumption of impartiality.
According to the letter which was dated 17th June 2020, Justice Stephenson recused herself on her own volition and did not give reasons for her actions. However, Anthony Astaphan SC has described the move by the group of lawyers as “hypocritical.”
“I read the letter today that the lawyers wrote talking about the presumption of impartiality. If the presumption of impartiality applies to Justice Adrien-Roberts it certainly applies to Justice Stephenson. And not one of these lawyers came forward to defend her reputation when her impartiality was under assault. While they are prepared to give Justice Adrien- Roberts a presumption of impartiality they are not prepared to give it to Justice Ventose.
“What I find ingenious is for the lawyers to say that nobody really knows why Justice Stephenson recused herself. Now that is the height of dishonesty,” he stated.
Astaphan said that the practice of bringing in judges to hear matters is nothing new.
“In 2005, they sent a judge from overseas to do the election petition. In 2010, they sent Justice Errol Thomas to do the strikeout then they sent Justice Gertel Thom to do the actual trial. When it came to the challenge to the election of the President, they sent Lionel Jones from Trinidad.
“So we have a track record of judges being assigned to Dominica,” he argued.
Professor Eddy Ventose was appointed as a High Court Judge with effect from 1st September 2018. Prior to his appointment, Justice Ventose was Professor of Law at the Faculty of Law, Cave Hill Barbados. Justice Ventose also gave professional advice to the Government of Dominica in his personal capacity about 3-4 years ago.