High Court Judge, Justice Bernie Stephenson, has refused to recuse herself from hearing the petition brought by the Concerned Citizens Movement (CCM) for electoral reforms. Lawyers for CCM want Stephenson to recuse herself from hearing the case out of fear that she might be biased. But lead lawyer for the respondents, Lennox Lawrence, opposed the application on the grounds that the petitioners have no legal grounds for their case.
Lawrence said “we have two judges in this jurisdiction and their first application is that this judge not hear this matter…it doesn’t appear that these people want this matter heard.”
Justice Stephenson has given instructions that the respondents file submissions for trial and this will go before the court on Monday, December 2. The litigants are asking for the postponement of the December 6 general elections to sometime next year to allow for the implementation of the electoral reforms they are asking for. Lawrence said the application for judicial review is an abuse of court process and has no legal merits at all.
“This should not be for court but for the political platform; it has no merit at all. We are asking that this matter be thrown out of the court since it’s a total abuse of the court’s process,” he said.
Cara Shillingford, representing the applicants said they want the court to conduct a judicial review if President Charles Savarin could be compelled to postpone the elections given the alleged errors and irregularities in the electoral process. They also want the Electoral Commission to cleanse the Register of Electors so that the coming election can be both free and fair.
Shillingford would however not give reasons why the people she represents want Justice Stephenson to recuse herself from hearing the case. According to her, “I will not discuss the matter.” It is however on record that Stephenson has spent over 10 years as a resident judge in Dominica, and people had already been querying if she could stay that long.
The applicants for the case are Loftus Durand of the CCM, Atherton Martin, Dr Irvin Pascal, Nicholas George, Dale Laurent, Oswald George and Atherley Robin. Their legal representatives are Cara Shillingford (lead counsel), Elue John Charles and Joshua Francis.
The respondents are President Charles Savarin, Electoral Commission, Chief Elections Officer, Ian Anthony, Cabinet, Dominica Broadcasting Corporation and the Attorney General. Lennox Lawrence, Stephen Isidore and Jodi Luke are appearing for the first, second, third, fourth and fifth respondents while Jo-Ann Xavier Cuffy and Solicitor General, Tameka Burton, appeared for the Attorney General.
This article is copyright © 2019 DOM767
