WHERE HAVE ALL THE DOLLARS GONE?

BY:  A Local  Correspondent 
On December 6, 2010, certain sections of Roseau took on the appearance of
an armed camp. Well armed special police officers patrolled the precincts
of the courthouse. A section of the town, from Kennedy Avenue in the
vicinity of Whitchurch's Supermarket to King George V Street to the east was
cordoned off. Some members of the public were barred from venturing too
close to the court house.
Many observers, unaware of the legal drama which was being played out at
the courthouse, looked on in bewilderment. A terrorist on trial? A
notorious convict who had committed some heinous crime? A visiting dignitary of
the likes of President Obama or potentate such as Pope Benedict?
None of the above. The massive and entirely unjustified show of force was
designed to afford the state's "protection" to attorney Mr. Steven Isidore
who had been charged by Mr. Glenworth Emanuel, his erstwhile partner, with
42 criminal offences involving theft and fraudulently depriving his law
firm of hundreds of thousands of dollars. It was also meant to intimidate
the population and send a message to those who question wrongdoing that the
police forces will be used to frustrate the cause of justice if the alleged
wrongdoers walk the corridors of power.
But there are many questions about the state's involvement or
non-involvement in this matter. The prosecution services refused to prosecute the case
despite the fact that a senior judicial officer was satisfied that there
were legal grounds for the laying of the charges. The police authorities
refused to arrest Mr. Isidore despite the existence of a legally issued
warrant for his arrest. The police refused to allow the public access to the
courtroom where the charges against Mr. Isidore were supposed to have been
read despite the public's right to such access. The police authorities
failed to ensure the Court attendance of Mr. Isidore despite summoning an
overwhelming armed presence at the court on December 6, 2010.
But the absence of Mr. Isidore was soon explained. Unbeknownst to Mr.
Emanuel's lawyer, Mr. Isidore's lawyers brought an application in the High
Court, seeking a stay of the proceedings and an application to review the
Senior Magistrate's decision to sanction criminal proceedings against Isidore.
Incredibly, the presiding justice granted this application as Mr. Emanuel
and his counsel waited downstairs in the magistrate's court wondering where
on earth was Mr. Isidore. The learned justice prohibited the magistrate
from hearing the complaint against Mr. Isidore. She granted counsel for Mr.
Isidore leave to file affidavit evidence in support of the application to
review the decision to issue a warrant against Mr. Isidore on or before
December 10, 2010. She ordered that Isidore's counsel should provide notice to
Mr. Emanuel's counsel of all materials relating to the application by that
date or before.
Mr. Emanuel's lawyer complained of being literally ambushed by this
application to stay the proceedings. Mr. Isidore, who could not be located for
service of an arrest warrant, brought an application to halt the proceedings
without giving any notice to Emanuel's lawyer. The court which could not
find an early date to hear serious matters of national concern, such as the
dual citizenship of our Prime Minister and the legality of his candidacy
in the last general elections, suddenly found the time to hear an application
without notice to the opposing side within one week of the warrant being
issued against Mr. Isidore! In so doing, the court allowed itself to be
cynically conscripted to halt legitimate proceedings against Mr. Isidore
while the lawyers on the opposing side were waiting downstairs wondering
about his whereabouts. No wonder that the justice system is on trial in this
country!
Make no mistake. This is a black eye for the criminal justice system. This
case will test the integrity of Dominica's justice system as no other has
done in recent times. What is the position of Dominica's Bar Association on
these charges? What was its position in the allegations of fraud against
attorney Earl Williams? What is its position on the sanctity of trust funds
held by lawyers? What investigatory powers, if any, does it possess? How
does it see its role in protecting the public against the actions of a few
of its members?
More significantly, where have all the dollars gone, which Mr. Glenworth
Emanuel alleges to have been fraudulently requisitioned gone? Is there a
hidden clue to that answer in the accounts which were allegedly raided by
fraudulent requisitions and the looted funds deposited in a private account or
accounts? The National Bank was allegedly defrauded well over half a
million dollars. There has long been allegations of massive fraud at that bank.
It has not registered a profit in the last couple of years. A manager
was fired a few months ago presumably on account of questionable loans to
companies either under his control or where he had a financial interest.
Where has all the money gone? West-Indies Power Holding B.V. is also
alleged to have been defrauded. West-Indies Power (Dominica) Ltd., a
subsidiary of this company which was partly owned by the dismissed former manager of
our National Bank, was given the nod on July 24, 2008, over a local
company partly owned by Adenauer Douglas and attorney Gabriel Christian to
explore Dominica's geothermal potential because it had more money to finance the
expensive exploratory drilling. To date however, the company has hardly
drilled a single exploratory hole in Dominica. A touloulou would have dug
more holes at little or no cost than West-Indies Power Holding and yet this
company was allegedly defrauded the astronomical sum of $1,911,937. Where
have all these dollars gone?
Another alleged victim is Felix Chen. Yes, the same Chen whose $20,000,000
into the Layou River Hotel project disappeared into thin air. Not long
after, the pink villas of Savanne Paille, whose ownership are very much in
dispute, rose majestically out of thin air. Credible estimates suggest that
some $4,000,000 were spent buying the land, preparing architectural
drawings, hiring Supriya Singh, buying materials and commencing the construction
of these buildings before the owner secured a loan to continue the project.
Incredibly, the declared owner, while testifying under oath in a recent
trial, had no clue about the amount of the loan taken, the design of the
buildings or other pertinent information. Where has all this money gone?
ECIC Holdings Ltd. is a private company held by ten indigenous banks in
the region. The company aims to create a modern, competitive services
operation in the region, to enhance the share value of its shareholders and to
promote their competitiveness in the CSME. Some $880,875 was allegedly
diverted from their account and deposited into a private account other than
that of Mr. Emanuel's law firm. In whose pocket or pockets has/have this money
gone? Has the company informed its shareholders that it may have been the
victim of a massive fraud?
What about Aggpit Caribbean Inc., the New Orleans company involved in
dredging or quarrying operations at Bouleau-Coulibistrie, Layou, La Falaise and
Soufriere. What concessions have its owners received to operate in
Dominica and more importantly, what monies, if any, has it paid to operate in
Dominica with virtual impunity? Again, the following question must be raised.
Who has benefitted from the $54,000 which Mr. Glenworth Emanuel has
alleged has been fraudulently withdrawn from this company's account and secreted
into a private account? Where has all this money gone?
The owners of LaFalaise in Pointe Michel have not seen a penny from the
tarrish which is being gouged from their land and exported by a foreign owned
company. Their compensation is supposedly being held by government in an
escrow account on their behalf. Where is the $1,000,000 which government
representatives reported in 2008 was sitting comfortably in this escrow
account on behalf of the owners of LaFalaise?
Mero Beach Development Inc. allegedly "lost" some $482,068.50 on account
of the actions complained about by Mr. Emanuel. What happened to the money?
Who is the ultimate beneficiary of this loot?
These questions may ultimately prove to be beyond the purview of the
criminal charges filed by Mr. Emanuel against Mr. Isidore but they have
relevance in the public interest. Are these huge sums complained about by Mr.
Emanuel, payments in exchange for doing business in Dominica? Simply put, are
they kickbacks?
The significance of this question cannot be underestimated. Confidential
sources indicate that the alleged theft from the law firm of Mr. Emanuel is
closer to $10,000,000 than $7,000,000. This newspaper has discovered that
on the very same date, July 8, 2010, that Mr. Emanuel received a credit
note from the National Bank indicating that over $400,000 of his firm's trust
funds had been diverted into a private account without his knowledge, Mr.
Isidore requested a loan of $9,000.00 from Mr. Emanuel because he "was in
default of 3 months rent totaling $9,000.00." "Could you help please,"
the note to Mr. Emanuel implored.
More worrisome is evidence of further transactions with financial
institutions about which Mr. Emanuel knew nothing. The banking records of one such
transaction are instructive. It is dated July 2, 2010 and is named
"Advice of Credit." It indicates that the sum of $407,257.41 was credited to the
account of Mr. Emanuel's former partner. I will not give the account
number now but if pressed, I will. The transaction is described as "fee for
preparation and registration of Debenture etc. re. Emile Gaddarkhan & Fils
Ltd."
What is the significance of this astronomical fee ostensibly to prepare
and register a simple Debenture? The amount was credited to a specified
account at the National Bank of Dominica. Where has all this money gone?
Something is rotten in the state of Dominica. The state, I suppose, may
wish to inquire whether or not the public interest has been compromised in
any way by these startling allegations involving many companies on the
government's payroll. It may seek to understand the significance of these
allegations or it may wish to follow the money and see where the trail ends.
It may wish to ascertain whether or not the imperatives of good governance
have been compromised in any way, shape or form, by anyone.
But then again, I am supposing that government is functioning in a manner
which reflects the best traditions of honesty and integrity in governance.
And that our law enforcement institutions are diligently carrying out
their mandate to faithfully serve and protect the interests of the Dominican
people.
"Captain, de ship is sinking!" "Captain, de seas are rough!"
There is time to save us from the ignominy of being dismissed as a failed
state or banana republic. The clergyman who penned the inspiring hymn
"Amazing Grace" was previously the captain of a slave ship.
To whom it may concern. Seek spiritual solace in the words: "I once was
lost, but now I'm found. Was blind but now I see." Do it for Yourself,
Your People, Your Country. Save Your nation, my "comrade," my brethren.

  5 comments for “WHERE HAVE ALL THE DOLLARS GONE?

  1. astaphana
    December 31, 2010 at 1:24 AM

    Law Firm or Laundry? CHIEF, WHO GOT THE MONEY? TELL US!
    I am now convinced you are so consumed with hate that you are mad. I do not
    intend to reply to all of your rantings and ravings. But my suggestion to
    you is that you must leave Washington and come to Dominica. *You must then
    go directly to the CID of the Police and DPP and give them all of the
    evidence you have. At the very least this is your obligation. *

    But of particular concern to me is that you sit next to your Christmas tree
    in Washington and pretend to cast judgment on and condemn Isidore and
    others without a shred of evidence; with out the basic forensic courtesy of
    hearing what the other side has said or may say in the criminal or court
    proceedings. But so obsessed you are, the rule of law be damned!

    You are an Attorney as well as a Christian of Washington.If you do not want
    to come to DA, go to Homeland Security or the FBI. Or prepare a detailed
    statement with documentation of all of the evidence, have it notarized and
    send directly to the DPP. After you have done that let Uncle frank serialize
    it for you in the Chronicle I will gladly provide my FEDEX account so you
    can send it without cost to you.*

    After you have done all of the above, come to DA in person and organize
    marches around the Financial Center 10 times but this time backwards. Then
    you should organize a meeting in Lagoon and call on people to storm the
    Financial Center and drive Skerrit out by force instead of begging Alick
    lawrence and Nanton to arrange “private'” meetings for you. Then hand back
    every concession granted to you by the Skerrit administration.

    Instead of doing all of that you rant and rave liked a syphilitic Rasputin
    from Washington. Do like your brother. Come down and march and bring
    Thompson Fontaine with you. Establish a Local Branch of your ” Protect
    Democracy” BS in Roseau. Let the people see and hear you guys in the flesh.
    Come live with us for a while. Jump on the UWP bandwagon or the Citizens
    Forum Cabal or sit with the Truth to Power Messiah on between Him and His
    Ego every Saturday afternoon. You must do all of these things Gabriel
    otherwise no one will take you on. In fact people think you are a coward.
    Stop hiding in Washington.

    Now to Isidore

    1. The security in place was not an unusual event. It was put in place
    not to protect any person but to ensure that law and order was maintained as
    the Cabalists had heightened public emotions leading up the court
    date.Therefore the suggestion that it was to protect Isidore is simply
    asinine. Also, there was no denial of access to the court room. But the
    court room cannot hold everyone and therefore not every one can enter.
    additionally, the magistrates NEVER allow crowds to congregate outside the
    doors of the court never. not in Washington and not in Roseau.
    2. *The warrant was not executed because of the conditions attached to
    its issuance*. The warrant was issued on the condition that if Isidore
    tried to flee he must be arrested. The application for the warrant was
    obviously premised on a nakedly false fact; that Isidore intended to flee.
    Mr Isidore did not and has no intention of fleeing. We intend to fight this
    case tooth and nail and to the bitter end.
    3. An application for judicial review and injunctions are brought under
    the Civil procedure Rules of 2000 without notice. This is expressly provided
    for by our Rules of Court. Just as the freeze order obtained by Mr. Emmanuel
    and the 42 private criminal complaints. They were all applied for and
    obtained behind Isidore’s back. But that seems okay to you. Emmanuel can
    ambush Isidore but Isidore is not entitled to use the Rules at all.
    4. The Director of Public Prosecutions directed after consideration of
    the file submitted by Emmanuel and and the statement from Isidore that there
    was no grounds for a criminal prosecution. Mr Emmanuel and his attorneys
    applied directly to the Chief Magistrate. One of the grounds of our
    application for judicial review is that *the Chief Magistrate was misled
    into believing that the DPP had or was going to issue his fiat for the
    prosecution*. *This turned out to be an enormous misstatement of fact*.
    5. As to where has the “money gone”? the Court Gabriel and not you will
    decide. I expect this shameless trial by media from the likes of Linton and
    Angelo. But when it comes from you it reminds me of Shakespeare:” Hell
    knowth no fury than that of a Comrade scorned by a contract”!
    6. For obvious reasons I cannot say more about the case. But this is
    typical you. The file is sealed. But you will go on this wild pejorative
    rampage knowing we cannot properly defend Isidore publicly without being in
    contempt of court!

    I hope that when the matters reach court you will be part of the Mr.
    Emmanuel’s legal team!

  2. Shirley Allan
    December 31, 2010 at 1:30 AM

    The rantings of a Rasputin
    Tony leave us alone!!! Nobody is interested in what you have to say. Don’t you have loopholes in the law to look for? Or are you already satisfied that you have found what you need to railraod the court.. Tony your credibility is ZERO!! You may be significant and relevent to the cluless people in Dominica. but to most people in this group do nat care about you..

  3. astaphana
    December 31, 2010 at 1:34 AM

    Law Firm or Laundry? CHIEF, WHO GOT THE MONEY? TELL US!
    I have just been informed by Mr. Julian Prevost, a member of Mr. Isidore’s
    legal team, that he personally informed the Magistrate that on the day in
    question Mr. Lennox Lawrence and Isidore were seeking interim orders from
    the High Court in Chambers. So your allegation that the Magistrate Court did
    not know where Isidore was is another damn lie!

  4. Gabrielch
    December 31, 2010 at 1:47 AM

    Law Firm or Laundry? CHIEF, WHO GOT THE MONEY? TELL US!
    On Youtube can be found a revealing video of the 2009 Remembrance Day
    Parade at the World War I and II memorials on Victoria Street in Roseau,
    Dominica. In that video, GON Emmanuel, esteemed jurist, World War II Royal Navy
    veteran and President of the Dominica Legion of the Royal Ex-Servicemen’s
    League can be see marching. He swings by the camera lens; arms swinging
    somewhat stiffly, right after the Music Lovers Government Band in their red
    tunics and the flag bearer have marched past. He appears for a brief moment,
    just before the contingent of the Dominica Police Force in their white tunics
    march by: A solitary figure in dark suit and tie; war medals jangling. Mr.
    Emmanuel is alone. He is the last veteran standing. He is the last one of
    that contingent of brave Dominicans who was well enough to take the march
    past that day. He is the last man standing, marching – though limping along –
    at 85.
    Look at it yourselves: _http://www.youtube.com/watch?v=Et0Vqayt8_g_
    (http://www.youtube.com/watch?v=Et0Vqayt8_g)
    And as you look at it, and appreciate our brave heritage, know why those
    of us who care for a better Dominica shall never surrender to the cowardice,
    criminality and misrule now plaguing our land.
    That image, with the powder blue sky and martial music, is an apt context
    for one who has given a life of service. His has not been an idle life. He
    served in the epic battle to defeat fascism, the enemy of democracy and
    rule of law. Of modest origins, he worked hard, studied hard and made a
    successful life for himself in the law. His rise was not one of sudden flight or
    overnight riches from dubious sources. He was known as a stern judge who
    sought to impart discipline to our courts and order to our streets. He
    reflected the best of our British heritage as a law abiding people. It is said
    that he did put one Anthony Astaphan in jail for contempt of court. If true,
    it perhaps explains much of the vituperative posture that Mr. Astaphan now
    takes as he fights Mr. Emmanuel and those who support his quest for
    justice, tooth and nail.
    But wait. What of our President? An esteemed jurist himself, he has not
    been heard from since that dastardly attack on Mr. Emmanuel on Christmas
    morn; a time most revered in the calendar of our Christian country. Or, maybe,
    we have lost all sense of true Christendom. What of the Prime Minister, who
    is fond of the phrase “God is good all the time; and all the time, God is
    good?” Silence there too. What about the Bishop and our pastors who are
    often heard uttering pious phrases while the country smolders in its fetid
    decline toward more criminal conduct? What of the National Security Minister
    who found time to call for the boycott of Brizee Mart? He is on Kairi Radio
    prattling most often, but cannot be heard making a national call to seek out
    the wrongdoers who did the firebombing. Where is our police chief? One
    who can opine on the legality of citizens demonstrating their constitutional
    rights, but cannot be heard to assure the citizenry that the perpetrators
    of such arson shall be sought out and punished to the fullest extent of the
    law. Where are our lawyers in the Bar Association in these times where one
    of their own has had his life, and that of his wife, imperiled? Where are
    our civic leaders? Where are our leaders in the arts, academia and
    industry? Why have they not spoken about this escalation in lawlessness on
    Dominica? Are we now in North Korea, where people cower before the monolith of
    Kim IL Sung? Afraid that to raise their voices in condemnation of wrong might
    be to elicit the wrath of the powers that be? According to a popular catch
    phrase on Dominica: Is so we come?
    So GON Emmanuel was the last World War II veteran on parade. This battle
    to ensure justice may be his last. His generation, mostly feeble or gone
    across the river, is fast disappearing. They knew a different Dominica
    where waywardness had not been elevated to high office; and where wrong did not
    find exaltation from those who rule the pulpits. We may never see their
    kind again, where we lose our dignity as a people. But it does not have to be
    this way. We must not be afraid to stand for a better Dominica. Let us
    raise our voices then in condemnation of wrong, wherever and whenever it
    occurs. Let us rally to make a better country, the one of our fondest hopes,
    be! That is the only way to build a better and more law abiding Dominica.
    Let us not have it be, that GON Emmanuel – at 85 – is the last one standing
    in defiance of criminality.

  5. January 29, 2011 at 3:18 AM

    Journalist
    Times of Dominica also supports GON in his brave fight against corruption in Dominica. We pay tribute to him at: http://dominicatimes.wordpress.com/2011/01/24/g-o-n-emanuel-distinguished-dominican-under-attack/

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