Given the apparent confusion amidst the public in Dominica, to the circumstances surrounding the Montreal Management case against the Government there, I find it necessary and proper to clear the air. Conflicting statements from MMC and Government, and the lack of truth from both, compel me to detail what has actually happened in the litigation.
A fair reading of the filing, styled "Notice of Discontinuance," by MMC's attorney, Dawn Yearwood-Stewart, which is, in truth and in fact, a notice of voluntary dismissal, shows:
(1) It is without prejudice, meaning that it can be refiled tomorrow if MMC so chooses. Note that it was hurriedly filed on 22 May, only after news of the Dominica Police investigation broke.
A fair reading of the filing, styled "Notice of Discontinuance," by MMC's attorney, Dawn Yearwood-Stewart, which is, in truth and in fact, a notice of voluntary dismissal, shows:
(1) It is without prejudice, meaning that it can be refiled tomorrow if MMC so chooses. Note that it was hurriedly filed on 22 May, only after news of the Dominica Police investigation broke.
(2) It is NOT an adjudication on the merits, only a pause in the proceedings.
(
(
3) If you read the actual language of the filing, it is ONLY effective as to defendants RANGE MARINA DEVELOPMENTS LTD and ABL HOLDINGS LTDA, and not as to the two principal defendants, the GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, and the PERMANENT SECRETARY OF THE OFFICE OF THE PRIME MINISTER.This is not a dismissal as to all party defendants.
Now, let's look at the MMC Press Release; it"formally confirms that no legal proceedings or arbitrations ARE CURRENTLY IN EFFECT against the Government of Dominica." This is incorrect, as the Government was never dismissed from the litigation. Additionally, we are hearing that the people of Dominica are being told that to suit was ever filed. This is untrue, and a misstatement of material fact; MMC has definitely underestimated the intelligence of Dominican voters,
Also, we have learned that Dominica's Prime Minister, ROOSEVELT SKERRIT, is also claiming that the case was dismissed. Nonsense; it still exists as to the two principal defendants I mentioned above, including the Government of Dominica.
Now, let's look at the MMC Press Release; it"formally confirms that no legal proceedings or arbitrations ARE CURRENTLY IN EFFECT against the Government of Dominica." This is incorrect, as the Government was never dismissed from the litigation. Additionally, we are hearing that the people of Dominica are being told that to suit was ever filed. This is untrue, and a misstatement of material fact; MMC has definitely underestimated the intelligence of Dominican voters,
Also, we have learned that Dominica's Prime Minister, ROOSEVELT SKERRIT, is also claiming that the case was dismissed. Nonsense; it still exists as to the two principal defendants I mentioned above, including the Government of Dominica.
These statements are all a political smokescreen, intended to distract the public from the sordid truth of recent events.
FOR FURTHER READING:
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.