Leader of the Opposition the Right Hon. Dr. Denzil L. Douglas wins the Dominica Diplomatic Passport case brought by Prime Minister Dr. Timothy Harris who failed in his effort to unseat Dr. Douglas as Parliamentary Representative for St. Christopher 6.
Justice Trevor Ward dismissed the claim after an hour long discourse.
“Accordingly, I hold that under the Dominica Law the voluntary act of acquiring and using a diplomatic passport by a non-citizen does not place the holder under an acknowledgment of allegiance or obedience or adherence to the Commonwealth of Dominica within the meaning of section 28 (1)(a) as this is not an act that manifests the conscious exercise of the Defendant’s will, acknowledging the obligation and obedience to the Commonwealth of Dominica,” Justice Ward stated.
“To hold otherwise on these facts would be to disqualify the defendant because he is entitled to the benefit or privilege of protection owed to a citizen of Dominica when he travels abroad although he has not in clear terms acknowledged that he has wilfully transferred allegiance to the Commonwealth of Dominica. As stated earlier in this judgment, S.28(1)(a) does not contemplate as a disqualifying factor to the fact that a person may be entitled to the benefits of a foreign subject or citizen as the Australian model does,” he added.
The judge then proceeded to invite submissions on costs to be filed within fourteen days.
A jubilant set of supporters of the St. Kitts and Nevis Labour Party welcomed the decision outside the courthouse and joined Party Deputy Leader Hon. Marcella Liburd in revelling in the case dismissal.
MP Liburd said she was satisfied claim was a result of a spirit of vindictiveness propelled by the government.
Lawyer Sylvester Anthony spoke on behalf of Dr. Douglas’ legal team and indicated that the claim was never about law but about politics.
Lawyer also revealed that a constitutional motion will be filed against the government.
The Attorney General Vincent Byron was overheard saying that he accepts the judgment but his government reserves the right appeal.
Dr. Denzil Douglas, was not present when the judgment was made because he was on a flight back to St. Kitts, after some overseas obligations.