ROSEAU, Dominica, (CMC) — Former Prime Minister Edison James has welcomed a ruling by the High Court that upheld his challenge of a decision by a magistrate who had committed him to a holding cell while awaiting possible bail in the incitement case involving senior members of the main Opposition United Workers Party (UWP).

James said he regards the ruling by the High Court as “a vindication of his constitutional rights”, which he said were “violated”, stressing also that the appeal was not about money but about vindicating his rights.

“The law provides the opportunity to request bail, and for bail to be considered before any further action is taken; instead, I was committed to imprisonment without that right being respected. The High Court has now affirmed that my freedom cannot be taken away in such a manner,” the 80-year-old former prime minister added.

James, who served as prime minister 1995-2000, has been at the centre of an alleged incitement case with former opposition leader Lennox Linton and the current UWP leader Dr Thomson Fontaine.

They have been charged with “encouraging, persuading, or instigating by words, causing persons to jeopardise the safety or endanger the public peace”, following a UWP meeting on February 7, 2017, at which calls were made for the resignation of Prime Minister Roosevelt Skerrit.

James had been released on EC$50,000 bail with one surety after spending an estimated 20 minutes in the holding cell in the magistrate’s court after he was committed to stand trial at the High Court on the charge of incitement.

The matter has since been was thrown out at the High Court but the State has appealed.

The High Court in its ruling found that the magistrate erred in his decision to have James immediately placed in the cells and awarded EC$8,000 as compensation. The State is also to pay all its legal costs for the matter.

James said he had always expected the magistrate to have him placed in a cell saying, “I said to him directly that I do not believe it is appropriate for a magistrate on contract to handle highly political cases, as the case involving me.

“He is under pressure, and I did not expect him not to send the matter to trial. So, I understand the process once it is decided to send it to trial. It could involve committing to jail or a secure place until the trial is held. But then there is bail available, and the magistrate could have offered bail straight away.

“I get the distinct impression that he was bent on sending me to jail…which he did. I have never been in a cell before, but life goes on.”

James said the police “felt a way” in accompanying him to the holding cell.

He said that the ruling by the High Court “sends a wider message about accountability, and breaches of rights by judicial officers not only harm individuals but also cost the State thousands of dollars”.