Published 4 July 2018
Buckie Got It, St. Kitts and Nevis News Source
By: Media Source
BREAKING NEWS!! Former PM Douglas Wins Expert Witness Case!!
In a detailed judgement issued today July 2nd, 2018, Justice Ward concluded that Dominican law is a matter of fact and therefore, he would need an expert in Dominican law to testify on the subject. Therefore, the testimonies of expert witnesses will be allowed in the diplomatic passport case.Leader of the Opposition, Rt. Hon. Dr Denzil Douglas has once again risen above the coalition administration’s attempts to eject him from the federal Parliament following the delivery of Justice Trevor Ward’s judgement on the matter of whether an expert witness should be allowed in the diplomatic passport case.
Speaking after the hearing, one of Dr Douglas’ attorneys, Mrs Angelina Sookoo-Bob, explained that Dr Douglas’ side was confident that the judge’s ruling would have been in his favour as they had argued the case from the honest and written legal standpoint.
Accordingly, Mrs Sookoo-Bob stated, “We argued that Dominican law is a matter of fact and so it would require an expert from Dominica to be sworn into evidence and to give evidence to the court on what are the specific laws of Dominica which are applicable.”
She went on to contrast Dr Douglas’ legal team’s argument to that proposed by Attorney General Vincent ‘Juicy’ Byron. “The Attorney General argued that while usually, foreign law requires an expert to assist the court, in this particular circumstance because it involves two countries which are members of the Eastern Caribbean Supreme Court system, it amounts to an exception and therefore, on the basis of a common court, the High Court sitting in St Kitts can determine Dominican law and its jurisdiction extends to Dominica and therefore, we do not need a witness from Dominica to assist the court in terms of what are the laws of Dominica,but the court can take what is called ‘judicial notice’ of what those laws are.”
As the Attorney General’s claim contradicted the law, Justice Ward’s judgement is naturally in line with Dr Douglas’ legal argument. Mrs Sookoo-Bob also stated that “Justice Ward’s judgement is not inconsistent with the authorities in this matter. Once you raise the laws of another country, what is required is an expert from that country to advise what the laws are.”
She furthered that the judge’s ruling “…confirms that the approach the Attorney General is taking in this case is perhaps a misguided approach.”
