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Digest – 10th April 2026

2026-04-10
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85064
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THE EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SPECIAL SITTING VIDEOCONFERENCE SAINT KITTS AND NEVIS Friday, 10th April 2026 APPLICATION Case name: Director of Public Prosecutions v Paul Bilzerian [SKBHCVAP2026/0006] Date: Friday, 10th April 2026 Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal The Hon. Mde. P. Nicola Byer, Justice of Appeal The Hon. Mde. Cadie St. Rose-Albertini, Justice of Appeal Appearances: Applicant: Mr. Adlai Smith, Director of Public Prosecutions Respondent: Mr. Douglas Mendes SC with Ms. Derriann Charles and Mr. Bervis Burke Issue: Criminal Appeal - Application for stay pending appeal- Whether there is cogent evidence that the appeal will be stifled or rendered nugatory unless a stay is granted - Whether there is prejudice to the successful party - The prospect of the appeal succeeding Result/order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file and serve written submissions with authorities by 11th April 2026 at 9am.

2.The respondent shall file and serve written submissions in response with authorities by 12th April 2026 at 9am.

3.The Court shall convene an oral hearing on 13th April 2026 at 2pm for 2 hours for further consideration of the application. Reasons: Before the Court was an urgent application for a stay and for an expedited hearing, filed on 10th April 2026 by the Director of Public Prosecutions. The Court considered the notice of appeal filed on 10th April 2026 against the decision of Thompson Jr J of even date; the certificate of urgency accompanying the application; the affidavit of Inspector Jerry Watt filed on 10th April 2026 in support of the application; the affidavit of Paul Bilzerian filed in the court below; the affidavit of Derriann P. Charles filed on 10th April 2026 in support of the bail application in the court below ; and the supplemental affidavit of Paul Bilzerian filed on 10th April 2026 in further support of the bail application in the court below. The Court determined that it was not in a position to properly adjudicate on the application in the absence of written submissions or oral argument on the relevant issues of law, particularly in light of the matter having been brought with urgency. In the circumstances, the parties have agreed to file written submissions to assist the Court in determining the application.

THE EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SPECIAL SITTING VIDEOCONFERENCE SAINT KITTS AND NEVIS Friday, 10th April 2026 APPLICATION Case name: Director of Public Prosecutions v Paul Bilzerian [SKBHCVAP2026/0006] Date: Friday, 10th April 2026 Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal The Hon. Mde. P. Nicola Byer, Justice of Appeal The Hon. Mde. Cadie St. Rose-Albertini, Justice of Appeal Appearances: Applicant: Mr. Adlai Smith, Director of Public Prosecutions Respondent: Mr. Douglas Mendes SC with Ms. Derriann Charles and Mr. Bervis Burke Issue: Criminal Appeal – Application for stay pending appeal- Whether there is cogent evidence that the appeal will be stifled or rendered nugatory unless a stay is granted – Whether there is prejudice to the successful party – The prospect of the appeal succeeding Result/order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file and serve written submissions with authorities by 11th April 2026 at 9am.

2.The respondent shall file and serve written submissions in response with authorities by 12th April 2026 at 9am.

3.The Court shall convene an oral hearing on 13th April 2026 at 2pm for 2 hours for further consideration of the application. Reasons: Before the Court was an urgent application for a stay and for an expedited hearing, filed on 10th April 2026 by the Director of Public Prosecutions. The Court considered the notice of appeal filed on 10th April 2026 against the decision of Thompson Jr J of even date; the certificate of urgency accompanying the application; the affidavit of Inspector Jerry Watt filed on 10th April 2026 in support of the application; the affidavit of Paul Bilzerian filed in the court below; the affidavit of Derriann P. Charles filed on 10th April 2026 in support of the bail application in the court below ; and the supplemental affidavit of Paul Bilzerian filed on 10th April 2026 in further support of the bail application in the court below. The Court determined that it was not in a position to properly adjudicate on the application in the absence of written submissions or oral argument on the relevant issues of law, particularly in light of the matter having been brought with urgency. In the circumstances, the parties have agreed to file written submissions to assist the Court in determining the application.

PDF extraction

THE EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SPECIAL SITTING VIDEOCONFERENCE SAINT KITTS AND NEVIS Friday, 10th April 2026 APPLICATION Case name: Director of Public Prosecutions v Paul Bilzerian [SKBHCVAP2026/0006] Date: Friday, 10th April 2026 Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal The Hon. Mde. P. Nicola Byer, Justice of Appeal The Hon. Mde. Cadie St. Rose-Albertini, Justice of Appeal Appearances: Applicant: Mr. Adlai Smith, Director of Public Prosecutions Respondent: Mr. Douglas Mendes SC with Ms. Derriann Charles and Mr. Bervis Burke Issue: Criminal Appeal - Application for stay pending appeal- Whether there is cogent evidence that the appeal will be stifled or rendered nugatory unless a stay is granted - Whether there is prejudice to the successful party - The prospect of the appeal succeeding Result/order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file and serve written submissions with authorities by 11th April 2026 at 9am.

2.The respondent shall file and serve written submissions in response with authorities by 12th April 2026 at 9am.

3.The Court shall convene an oral hearing on 13th April 2026 at 2pm for 2 hours for further consideration of the application. Reasons: Before the Court was an urgent application for a stay and for an expedited hearing, filed on 10th April 2026 by the Director of Public Prosecutions. The Court considered the notice of appeal filed on 10th April 2026 against the decision of Thompson Jr J of even date; the certificate of urgency accompanying the application; the affidavit of Inspector Jerry Watt filed on 10th April 2026 in support of the application; the affidavit of Paul Bilzerian filed in the court below; the affidavit of Derriann P. Charles filed on 10th April 2026 in support of the bail application in the court below ; and the supplemental affidavit of Paul Bilzerian filed on 10th April 2026 in further support of the bail application in the court below. The Court determined that it was not in a position to properly adjudicate on the application in the absence of written submissions or oral argument on the relevant issues of law, particularly in light of the matter having been brought with urgency. In the circumstances, the parties have agreed to file written submissions to assist the Court in determining the application.

WordPress

THE EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL SPECIAL SITTING VIDEOCONFERENCE SAINT KITTS AND NEVIS Friday, 10th April 2026 APPLICATION Case name: Director of Public Prosecutions v Paul Bilzerian [SKBHCVAP2026/0006] Date: Friday, 10th April 2026 Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal The Hon. Mde. P. Nicola Byer, Justice of Appeal The Hon. Mde. Cadie St. Rose-Albertini, Justice of Appeal Appearances: Applicant: Mr. Adlai Smith, Director of Public Prosecutions Respondent: Mr. Douglas Mendes SC with Ms. Derriann Charles and Mr. Bervis Burke Issue: Criminal Appeal Application for stay pending appeal- Whether there is cogent evidence that the appeal will be stifled or rendered nugatory unless a stay is granted Whether there is prejudice to the successful party The prospect of the appeal succeeding Result/order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file and serve written submissions with authorities by 11th April 2026 at 9am.

2.The respondent shall file and serve written submissions in response with authorities by 12th April 2026 at 9am.

3.The Court shall convene an oral hearing on 13th April 2026 at 2pm for 2 hours for further consideration of the application. Reasons: Before the Court was an urgent application for a stay and for an expedited hearing, filed on 10th April 2026 by the Director of Public Prosecutions. The Court considered the notice of appeal filed on 10th April 2026 against the decision of Thompson Jr J of even date; the certificate of urgency accompanying the application; the affidavit of Inspector Jerry Watt filed on 10th April 2026 in support of the application; the affidavit of Paul Bilzerian filed in the court below; the affidavit of Derriann P. Charles filed on 10th April 2026 in support of the bail application in the court below ; and the supplemental affidavit of Paul Bilzerian filed on 10th April 2026 in further support of the bail application in the court below. The Court determined that it was not in a position to properly adjudicate on the application in the absence of written submissions or oral argument on the relevant issues of law, particularly in light of the matter having been brought with urgency. In the circumstances, the parties have agreed to file written submissions to assist the Court in determining the application.

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