Young attorney at law Cara Shillingford has defeated Senior Counsel Anthony Astaphan at the Eastern Caribbean Supreme Court (ECSC). Shillingford represented three appelants – Mervin John Baptiste, Antoine Defoe, and Edincot St. Valle in a 2014 general election treating case against the Dominica Labour Party (DLP) and 15 elected officials of the party. The DLP was represented by Astaphan.
The DLP had won the contested election 15-6 against the UWP. The appelants had argued that the DLP hired musicians Donnie McClurkin and Morgan to play at a concert targeted to influence the results of the election. The case was heard by the High Court in October 2019 with the court’s ruling reserved. But in the current ruling, the ECSC ruled in favour of the appelants in a 2-1 decision to overturn the earlier decision of the High Court.
SC Anthony Astaphan expressed dismay at the ruling, saying the magistrate that issued court summons for the DLP officials had no legal powers to do so since the matter was an election petition which ought to be decided by a High Court. He said the magistrate had no jurisdiction to hear the matter, and Justice Bernie Stevenson who earlier ruled in favour of the DLP agreed with this assertion.
Following the ruling, SC Astaphan said he was yet to read the decision but that he will be heading to the Caribbean Court of Justice (CCJ) to appeal the decision of the ECSC.
“I have to tell you that I am extremely surprised at the judgment…” Astaphan said. “I am firmly of the view, even though I have not read it yet, that the majority is very, very likely wrong and needs to be subject to a review by the highest court of our land.”
Lennox Linton of the UWP has however congratulated attorney Shillingford for the ruling, saying it was a victory for democracy. Shillingford credited her victory at the court to the will of the people. She averred that it is not right for politicians to ignore court summons because they are actually not above the law and answerable to the people who elected them into office.
“It would be unjust, illogical, and unacceptable for elected politicians to disregard court summons with impunity,” Shillingford stated. “I am, therefore, very happy with the court’s decision and believe that it will advance the causes of democracy, equality, and justice in the Commonwealth of Dominica.”
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