Press release In Response To Mr. Astaphan’s Statement On DBS News

Barrister-At-Law & Solicitor

Notary Public, Trade Marks & Real Estate Agent

                                                           GEOFFREY l. lETANG    c.p.a, LL.B. hONS (LOnD), L.E.C.

“Although it is not our practice to comment on matters pending in court, we feel constrained on this occasion to respond to remarks made by Senior Counsel acting for Messrs Roosevelt Skerritt and Peter Saint Jean.

In the first place, the applications which we have made to the court and which now stand adjourned to March 10th and 11th, are for orders, among others, requiring Messrs Skerritt and Saint Jean to disclose their French passports. We had previously written to them asking that they voluntarily disclose their passports but they have refused and/or failed to do so. It is important to note that they have not said that they do not have passports, which would have been so easy for them to say if in fact that were true. They have simply not answered the question. It is accordingly necessary to get a court order requiring them to do so. But they are vociferously resisting the application.

Secondly, the reason why it was necessary to seek an adjournment of the last hearing was because Mr Astaphan’s bundle of cases, which was more 300 pages in length, was only filed on Wednesday19th January 2011, when it was supposed to have been filed on Monday the 17th January, and Senior Counsel from Trinidad was only able to begin reading the bundle on

Thursday evening, (the day before the hearing) when he arrived in Dominica.

Further Mr. Astaphan filed another bundle of cases, some 100 pages in length on Thursday for the hearing the next day. It was clearly humanly impossible for anyone to accomplish that task in such a short space of time in order to present the Petitioners’ case with any efficiency, effectiveness and professionalism. Mr Astaphan in his press statements acknowledges that his documents were filed late but he takes no responsibility for the adjournment which became necessary as a result.

Thirdly, although Mr Astaphan did tell the court that he did not consent to the adjournment because he did not want to be accused of delaying the hearing, neither did he object to the adjournment. More importantly, at no time did he express frustration on his own part or on the part of the Prime Minister, either in public or in private, that the matter had to be adjourned.

It was therefore with great surprise that we learnt of his frustration. If he was frustrated he kept it to himself.

We wish to make it clear that we did not complain to the court, and we do not now complain, about the late filing of Mr Astaphan’s cases. That happens in the best of regulated litigation. It is a hazard of the profession. We only mention it now because we are forced to do so.

We are also now forced to point out, although again we do not make any complaint, that the case was adjourned to March 10th and 11th because Mr Astaphan was not available for the entire month of February and not until after March 7th. We are fully satisfied that Mr Astaphan’s is not available for that period for a very good and unimpeachable reason.

We regret that it has become necessary to comment on what happened in court on the last occasion contrary to our standing practice, but Mr Astaphan’s comments have embarrassed us in the eyes of our clients and accordingly we thought it necessary to respond. We sincerely hope that this is the last time we will feel constrained to do so.”

 

Signed

 Geoffrey L. Letang

Attorney-At-Law for Maynard Joseph and Ron Green

Date 22nd January 2011

3 comments

  1. UWP Legal Team responds
    “The release on behalf of the UWP is utter nonsense.

    Our submissions were filed on time and referred to the authorities relied
    on. Our list of authorities were filed 1 or 2 days late but we indicated to
    Mr Mendes that we would be late. 98% of the cases filed were identical to
    the cases we used and served on the other side at the last hearing which
    took place in 2010.

    The supplementary list of authorities which were filed on Thursday,
    consisted on 2 cases which were missing pages, 1 new case on jurisdiction, 2
    new cases on the inherent jurisdiction point and, excerpts of the
    legislation referred to in the first list of cases and the Petitioners’
    submissions. The legislation was referred to in the cases by our and Mr.
    Letang’s clients.

    I should add that Mr Letang filed the affidavits late especially against the
    Chief Elections Officer but we made no objection.

    Further, the issues raised by the Petitioners and which came up for hearing
    on Friday are substantially the same, if not identical, to the issues
    raised and argued in 2010.There are several pages of transcripts of the
    proceedings before Justice E Thomas in 2010 to show that these issues were
    presented to the Judge by both sides. Mr Letang knows this to be a fact!

    So what is the big deal?

    The applications were made the UWP’s. They must be ready to make submissions
    regardless of what we file and when, and must stop making excuses for the
    adjournment. Therefore, even if we filed cases late, and there were no more
    than 5 to 7 (max) new cases from those used in 2010, the issues are not new;
    all of the relevant and substantial issues already discussed and before the
    High Court and several other courts of the OECS.

    The simple facts are that we were ready to start. A request for an
    adjournment was made. We did not object as a matter of professional courtesy
    but, it was clearly not my business to express frustration to the Court.

    But I did mention to the Court that our side was not going to consent as
    every time the matter is adjourned, even at the UWP request or through no
    fault of either side, the UWP complains of delay by our clients and the
    Court. More insidiously, is the complaint of delay notwithstanding the UWP
    filed 5 appeals from the judgment of Thomas J. These five appeals have been
    filed months now but not a damn thing has been done by the UWP to prosecute
    these appeals.”

  2. UWP Legal Team responds
    God please, please, please deliver us from this man I pray; make him go
    away! He is disturbing our spirits!

  3. UWP Legal Team responds
    How can one admit on one hand that: “……………*Our list of authorities
    were filed 1 or 2 days late but we indicated to
    Mr Mendes that we would be late………………”* and on the other hand
    pontifictae that *”……………”The release on behalf of the UWP is utter
    nonsense. *Furthermore, we are reading that: “……………..*Therefore,
    even if we filed cases late, and there were no more
    than 5 to 7 (max) new cases from those used in 2010, the issues are not
    new;………………….”*
    What on earth is going, can someone with some sense of decency please tell
    me. These* WHITE COULOUR CRIMES* painted in RED and tainted in corruptuion
    and devious means are really a distractiuon and people who portray
    themselves as politicians and hording on the backs of the Dominican people
    ably supported, directed. manipulated, guised and executed by *”so called
    people”* with interest only to themselves and who vow their allegience to
    corrupted individuals and not to the good governance, integrity and
    reputation of Dominica. This concerns me seriously. It is the obvious
    protection of the style we saw in Haiti with the Papa and Baby Doc`s abuse
    of power, the likes of the corrupt leaders in Africa and South America, the
    likes of the recent and on going scenario in Tunisia where a leader promoted
    himself, promoted his family, enrich himself use and abused his office for
    23 years, use the judiciary, the police, the legal system to manipulate
    justice, disguise corruption, use the legal system to move about illegal
    activties as the poor people go through the courts for petty crimes, albeit
    wrong and are summarily in most cases sentenced.
    **
    What an oxymoron…….” I must be going mad….” or, “……….it must
    be something that I ate…..”

    It is all a game, well planned in the dark hours of the night and high
    rising places and offices, up on the hills and from away cold places The
    objective is to protect the master supremo who pays well, irrespective if
    these thieves who hoard and prey on the systems, have no heart nor interest
    in the decdency to justice and the ordinary people of this country… Please
    note that ONE day, could be tomnorrow, next year, in10 years, after 20 years
    once you are tainted you will be caught like the Tunisian President who h is
    now in exile in Saudia Arabia and Baby Doc, now in custody or house arrest
    in Haiti after almost 30 years……..
    My fellow Dominicans: once you are tainted, you are tainted for Life and
    therefore please note that ……….EVERY ROPE HAS AN END

    God Bless
    PD

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.