Ronald A.K.A. "Ron" Green Petitioner v Petter Saint Jean Merina Williams Marcella Augustine Earl Blackmore Gerald Burton (Chairman of the Electoral Commission) Alick Lawrence (Member of the Electoral Commission) Kondwani Williams (Member of the Electoral Commission) Don Christopher (Member of the Electoral Commission Dominica Broadcasting Corporation Attorney General of Dominica Respondents v [ECSC]
| Jurisdiction | Dominica |
| Judge | THOM, J |
| Judgment Date | 10 January 2012 |
| Judgment citation (vLex) | [2012] ECSC J0110-2 |
| Court | High Court (Dominica) |
| Docket Number | DOMINICA HIGH COURT CIVIL CLAIM NO. 6 OF 2010 |
| Date | 10 January 2012 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
DOMINICA HIGH COURT CIVIL CLAIM NO. 6 OF 2010
DOMINICA HIGH COURT CIVIL CLAIM NO. 7 OF 2010
In the matter of the House of Assembly (election) Act Cap2:01
In the matter of a Parlimentary Election for the Constituency of La Plaine Held on the 18th Day Of December 2009
In the matter of the House of Assembly Election for the Constituency of Vieille Case Held on the 18th Day of December 2009.
In the matter of the Commonwealth of Dominica Constitution Order (1978)
Sections 31, 32(1) (a), 40 and 103.
In the matter of the House of Assembly (Election) Act Chapter 2.01.
On the 18th December 2009 General Elections were held in the Commonwealth of Dominica (Dominica). Nomination day was on December 2, 2009.
Mr. Ronald 'Ron' Green and Mr. Maynard Joseph were candidates for the United Workers Party (UWP) in the Constituency of LaPlaine and Vieille Case respectively. They were both unsuccessful.
Mr. Petter Saint Jean and Mr. Roosevelt Skerrit were candidates for the Dominica Labour Party (DLP). Mr. Saint Jean was elected as the Member of Parliament for the LaPlaine Constituency and Mr. Roosevelt Skerrit was elected as the Member of Parliament for the Vieille Case Constituency.
On January 8, 2010 Mr. Ron Green filed an election Petition against Mr. Petter Saint Jean and others and on that same day Mr. Maynard Joseph filed an Election Petition against Mr. Roosevelt Skerrit and others.
On August 25, 2010 His Lordship Justice Mr. Errol Thomas struck out several parts of the Petitions. His Lordship ordered that the only issue which should proceed to trial is whether Mr. Petter Saint Jean and Mr. Roosevelt Skerrit were disqualified from nomination or election as a Member of Parliament by virtue of the provision of Section 32 (1) (a) of the Constitution of Dominica. This aspect of both Petitions were heard together on the dates mentioned above.
In the Petition of Mr. Ron Green the pleading relating to disqualification of Mr. Saint Jean is outlined in paragraphs 9, 10, and 11. They read as follows:
"DISQUALIFICATION FOR ELECTION
9. The First Respondent is and was at all material times by virtue of his own act, under acknowledgement of allegiance, obedience and/or adherence to a foreign power or State, namely the Republic of France, of which he was at all material times a citizen and the holder of a passport issued to him between 2000 and 2002 or thereabouts and was thus incapacitated and disqualified from being nominated and elected as a Representative in the said election.
10. Prior to his nomination, the First Respondent, pursuant to Section 15 of the House of Assembly (Election) Act Chap.2:01, falsely declared in a Statutory Declaration, that he was not by virtue of his own act under any acknowledgement of allegiance, obedience or adherence to a foreignpower or State and that he was qualified to be nominated as a candidate for election to the House of Assembly for the Constituency of LaPlaine.
11. That by oral notice in a public meeting in the villages of Boetica and LaPlaine respectively in the LaPlaine Constituency given on the 8th and 17th day of December 2009 respectively by Mr. Edison James the President of the United Workers Party, the First Respondent was reminded, and the electors of the Constituency of LaPlainie specifically duly informed, that because of his dual citizenship, the First respondent was not qualified for nomination as a candidate in the said election."
In the Petition of Mr. Maynard Joseph, the pleading relating to the disqualification of Mr. Skerrit is outlined in paragraph 7. It reads as follows:
"DISQUALIFICATION FOR NOMINATION AND ELECTION
(1) The said Roosevelt Skerrit at the time of his nomination and at all other material times, was a person by his own act under an acknowledgement of allegiance and/or obedience and/or adherence to a foreign power or State, namely the Republic of France, and thus was not qualified and was disqualified from being nominated, and from being elected and/or returned as a member of the House of Assembly for the said Constituency of Vieille Case in the said election.
(2) The said Roosevelt Skerrit, by his public pronouncement made on the 2nd day of December 2009, published through radio and other media, declared that he is a citizen of France, a foreign power or State, since June 1972 and further declared that he is the holder of a passport issued by the Government of France.
(3) The Petitioner because of the said pronouncement by the First Respondent and other facts relied upon, verily believes that the first Respondent is in fact and by French law, a citizen of France, that he has used the said French passport on the basis of that citizenship in acknowledgement of allegiance and/or obedience and/or adherence to a foreign power or State, and to perform the duties and enjoy privileges and benefits of a citizen of France.
(4) The said Roosevelt Skerrit, being aware of the provisions of Section 32 of the Commonwealth of Dominica Constitution before his nomination by his said public pronouncement declared on the 2nd day of December 2009 that no law, no Constitution, no lawyer could prevent him from being nominated as candidate in the said election.
(5) Also prior to his nomination the first Respondent pursuant to Section 15 of the House of Assembly (Election) Act Chap. 2:01 falsely declared in a Statutory Declaration that he was not by virtue of his own act under anyacknowledgment of allegiance, obedience, or adherence to a foreign power or State and that he was qualified to be nominated as a candidate for election to the House of Assembly for the Constituency of Vieille Case.
(6) On the 30th day of November 2009, Mr. Edison James, the President of the UWP, through Q-95 Radio and other media, gave and published oral notice to the public inclusive of electors of the Vieille Case Constituency, of dual citizenship of the First Respondent and warned them of its effect on his nomination in the said election.
(7) By written notice published in an issue of the Sun Newspaper dated December 16, 2009, on the Petitioner's behalf and prior to the nomination of the First Respondent, the First Respondent was reminded and the electors of the Constituency of Vieile Case duly informed that because of his dual citizenship the First Respondent was not qualified for nomination as a candidate in the said election.
(8) Also before nomination day, the Petitioner personally delivered and caused to be delivered to electors of the Constituency of Vieille Case, copies of the said notice published in the Sun Newspaper.
(9) By letter, dated the 17th day of December 2009, signed by the first Respondent and distributed by or for him, the First Respondent further informed the electors of the said Constituency, that it was alleged by persons in the local media, that because of his dual citizenship and his possession of a foreign passport, he was not qualified to be elected as a member of Parliament for the said Constituency and consequently any votes cast for him in the said election would be thrown away. The Petitioner verily believes that by the contents of the said letter, the First respondent further confirmed to the electors of the said Constituency, that in spite of his dual citizenship and possession of the said passport he would stand for election."
The issues to be determined by the Court are:
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(i) Whether Mr. Saint Jean and Mr. Skerrit were disqualified from being elected as members of the House of Assembly by virtue of the provision of Section 32 (1) (a) of the Constitution of Dominica.
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(ii) If Mr. Saint-Jean and Mr. Skerrit were so disqualified whether the votes cast in their favour were votes thrown away.
Section 32 (1) (a) of the Constitution of Dominica reads as follows:
"A person shall not be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he
(a) Is by virtue of his own act under any acknowledgment of allegiance, obedience or adherence to a foreign power or State."
Both sides agree that the relevant time of disqualification pursuant to Section 32 (1)(a) is on nomination day — seePeters v Chaitan where M De la Bastide C.J said:
"In my view, the qualification for election to the House of Representatives must be satisfied at the commencement of the election process which is nomination day. Accordingly, if a person is disqualified under Section 48 (1)(a) on nomination day, the subsequent removal of the ground of disqualification even if it occurs before polling day will not render him qualified to be elected."
And Nelsen J.A referring toTromp v Steen Kemp 1920 C.P.D. 284 stated:
"The nomination is essential to the right to be elected, it is part of the election and if a person had no right to be nominated because he was ineligible to be elected, then he has no legal right to be elected,...
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