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ROSEAU, Dominica CMC – The High Court had dismissed a motion from the Integrity Commission that sought to have President Charles Savarin file a declaration, regarding his assets and liabilities.
The Commission had argued that Savarin, a former senior government minister, was a person in public life before he assumed the position of head of state.
Attorney General Levi Peters said that Savarin, in his capacity as a minister was considered a person in public life, in accordance with the Integrity in Public Office Act, that stipulates, that a person in public life is required to file a declaration whilst holding an office of public office, and also within a period of two years subsequent to that, with the exception being the death of the person.
Charles Savarin
“The Integrity Commission holding to that precise…interpretation was of the view, that the President of the Commonwealth of Dominica, having been a person in public life within that two year period, prior to assuming the Office of President was required to file such a declaration.
“The Office of the President was of a differing view, and was of the view that the President, or a person holding the Office of the President did not require to file a declaration, whilst holding that office. The opinion of the Attorney General was sought and the Attorney General was of concurring view,” he added.
He said the ruling of the High Court was consistent with his position on the issue.
“The Court looked at Section 27 of the Constitution….that in a nutshell, a person who on assuming the Office of President …no criminal or civil proceedings can be brought against the President, in respect of matters, whether before or during his or her period in office.
“Any such proceedings can be pursued once the person has demitted office,” he added, quoting the Court ruling as indicating, that it is if the “considered view that for the President’s name to appear on a list of defaulters, in the (official) Gazette or be named in a report presented to the Director of Public Prosecution…would be flying in the face of the protection offered by the Constitution, and would be bringing the Office of the President into disrepute”.
