Justice Eddy Ventose Recused from Dominica Election Petition Case

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The controversy surrounding the appointment of a judge to hear the 2019 election petitions filed by the opposition United Workers Party (UWP) has taken yet another twist.

Less than one week after giving directions to the lawyers involved in the case, Justice Eddy Ventose has recused himself from the matter.

Last week, lawyers for the petitioners and the respondents appeared via Zoom before the St. Kitts-based high court judge to whom the matter was assigned by the Chief Justice of the Eastern Caribbean Supreme Court, Janice Perreira.

Justice Ventose was given the assignment after resident judge Bernie Stephenson had recused herself and Attorney General, Levi Peter, had written to the Chief Justice asking that Dominican-born resident judge, Wynante Adrien Roberts, not be assigned to do that matter because she had previously worked in the public service as Solicitor General.

However, after giving directions and setting July 7, 2020, as the date to hear applications from the lawyers, concerns were raised by some lawyers and members of the public who argued that Justice Ventose ought not to hear the matter since, less than two years ago, he worked in the office of the attorney general in Dominica as a legal advisor.

A group of lawyers who branded themselves as “concerned lawyers” have written to the Chief Justice objecting to the suggestion by Peters that Justice Adrien-Roberts would be unsuitable to preside because she “would be familiar with persons who are interested in these petitions and applications to strike”, a move they say, is not dissimilar in intent, from the “surreptitious maneuvering” that he accused the opposition of doing in respect of Justice Stephenson.

On the issue of Justice Ventose working in the office of AG as an advisor, Astaphan SC said that he did work with the attorney general’s chambers in Dominica three years ago.

“I was not at the case management conference and don’t know if he said anything about it. But I asked the AG about that and based on what he said to me I did not think there was a basis for any recusal I don’t know his reasons why,” he said.

He said given advice in a professional capacity to a government 3-4 years ago cannot affect the impartiality of the judge.

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