Presiding Magistrate Asquith Riviere yesterday issued a ban on the media and the general public from the court, to prevent them from listening to the matter of the controversial incitement case against former Prime Minister Edison James, former United Workers Party (UWP) Senator Dr. Thomson Fontaine and UWP Leader Lennox Linton, which he adjourned to June 11, 2019.
Linton was present in court yesterday. James has not been served and was absent, while a warrant remains in effect for Dr. Thomson Fontaine. Lead counsel for Linton, Gildon Richards, told the court he was not properly served with court documents and asked that the matter be adjourned in order for that to be done. Richards said “You have to file the documents in open court and then serve me, but that was not done. We want to have the same documents that were filed since we intend to cross examine all 64 witnesses.” He also gave judicial notice that he also intends to file a ‘no case submission’. In response, Magistrate Riviere explained that his role was not as “judge and jury”. He said, “My role is to find if there is a premia facie case…I am not trying the matter”. He also admonished Senior Council Israel Khan who stated that this matter is “bigger than murder and has regional and international implications, and the world was watching.” Riviere said, “I am not presiding over a political case and I hope counsel on both sides get that. I am presiding over a normal trial and I want counsel on both sides to allow me to do my job as I know it. I am following the Magistrates Code of Procedures Act.” He then stated that on June 11, 2019 the matter is “closed to the general public.” Speaking to the press after the adjournment, Richards stated that “the prosecution obviously was not ready to enable us or the court to proceed so the court has ordered the prosecution to put their house in order and we will be back in court on June 11, 2019. You also heard certain things being said in court including an admonition that members of the public will not be entertained further in this matter.” Richards added, “I believe that notwithstanding the fact that someone may have statutory discretion, the law is clear that no statutory discretion must be exercised unreasonably. I say it without a doubt and with deep conviction that the order by the Magistrate (Asquith Riviere) that the public should not attend this hearing again is very troubling.” Meanwhile, Richards stated, my client had asked for a seat because he was not feeling well, but that was refused by the magistrate. However, we intend to cross examine all 64 witnesses”. Meantime, SC Israel Khan said “I don’t know the date of the general elections in Dominica. I thought it was September 2019. I am a lawyer not politician. I am not satisfied as to how the matter went today. I have my own schedule also. I don’t represent the State, I represent the Police in this matter and the State will be paying my legal fees. This is an impoverished country. The Caribbean is watching”. He added, “The statement I see submitted by the police is an extremely strong case, all be it circumstantial. Skerrit must go…but by the ballot.”
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