Bench Warrant Issued Against Linton; Skerrit Says It Is Standard Procedure

Barbara 3rd December, 2019

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Judge Asquith Riviere issued a bench warrant against opposition leader Lennox Linton and former Prime Minister Edison James for failure to appear in court for their case hearing. It happened that Linton and James appeared in court before 2pm in the afternoon of December 2 – which was the initial time set for their hearing – not knowing that their case had been rescheduled for 10am of the same day.

After the court clerk called their case and it was apparent that they and their legal team were not in court, the prosecution applied that a bench warrant be issued against them for court contempt. Judge Riviere issued the warrant for their arrest, but did not release it to be served or executed; and Linton and James came into court nearly two hours later.

The judge told the parties that as an “administer of justice,” all he cares about is the administration of justice and not the respect of persons. He said he could release the warrant regardless of whether it was the prime minister himself that was in the defense box.

“That’s why I ask all to leave the politics out,” Riviere said. “I am not concerned about the person in the box, but just the law. If it was the Prime Minister, I would have dealt with it the same way. All I am here to do is to dispense justice, justice and justice, and not rush to proceed quickly.”

The judge adjourned the case to February 3, 2020 for his ruling. He tasked the prosecution to file their case on December 18, 2019 and the defense on January 14, 2020.

MP for the Roseau South Constituency and Attorney At Law Joshua Francis, contended that the bench warrant issued on Linton and James were politically motivated, adding that the court could have simply placed a phone call to them when they arrived late to the court. He wondered if the DLP administration had taken over the decisions and processes of the judiciary in Dominica.

However, Prime Minister Roosevelt Skerrit said there was no political involvement in the bench warrant issued on the opposition leaders, saying it was standard practice for the court to do so in such situations.

“This is not a government matter, but a legal one,” the PM Skerrit said. “When their matter was called, neither Lennox Linton nor Edison James appeared. In accordance with the law and rules, the court orderly called their names three times to summon them into court. Neither one of them appeared. When they did not appear, the presiding magistrate issued a bench warrant for their arrest. This is standard procedure.”

Skerrit urged the opposition and their supporters causing violence in Marigot – Linton’s and James’ constituency – to stand down and give peace a chance ahead of the coming general elections. He said the people across the country must sheath their swords and bury their differences so that the country can move forward before and after the December 6 slated elections.