Lawyers for Indian fugitive Mehul Choksi has filed a case in the High Court in Dominica against the Chief of Police, investigating police officer Alleyne Maximea, the Minister of National Security Rayburn Blackmoore, and Chief Magistrate Candia Carette-George.
In court today, Gina Dyer-Munro from the law firm of Dyer & Dyer gave notice to the Chief Magistrate that the matter was filed.
Nature Isle News (NIN) was able to obtain an exclusive copy of the ten-page documents filed in the Dominica high court and served on the four respondents.
His lawyers are seeking among other things to “quash the criminal charge brought against the Applicant (Choksi) for breach of section 27A of the Immigration and Passport Act.”
They are also seeking a “permanent order staying the criminal charge brought against the Applicant for breach of section 27A of the Immigration and Passport Act.”
The lawyers are also seeking a declaration from the court that the decision of the Chief of Police ( Corbette) and investigating officer Alleyne Maximea to charge the Applicant (Choksi) is “an abuse of the process of the court and or a violation of the rule of law and is accordingly unlawful, null and void and of no effect.”
According to the documents filed, the decision by Corbette and Maximea was not the product of their own independent judgments and or “they allowed themselves to be dictated to by third parties, namely representatives of the Indian Government, and is accordingly unlawful, null, and void and of no effect.”
They are also asking the court for an Order declaring that the decision of the Minister of National Security (Rayburn Blackmoore) was taken in “breach of the principles of natural justice and is accordingly null and void and of no effect.”
They are further seeking an Order of certiorari (Certiorari is the means by which a higher court orders a lower court to deliver to it a case record for review of the lower court’s decision.) quashing the said decision of Minister Blackmoore.
They are also asking for cost, damages, including exemplary and/or aggravated and /or vindicatory damages, and such further orders as may be necessary or appropriate to give effect to the relief claimed by the Applicant.