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Status Hearing List – 9th October 2024

2024-10-09
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83668
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IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT SAINT LUCIA STATUS HEARING LIST WEDNESDAY, 9TH OCTOBER 2024 HIGH COURT CIVIL APPEALS Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson-Ouhla Respondents: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is removed from the court’s list. 2. The matter will be re-listed upon the appellant providing proof of service of the Notice of Appeal filed on 16th June 2017 on the respondent. 3. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that there is no proof of service of the notice of appeal on the respondent on record. In the circumstances, the Court was minded to remove the matter from the court’s list and to have it relisted upon proof of service of the notice of appeal being filed. Case Name: John D’Auvergne v Kareem Edwin [SLUHCVAP2020/0026] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondents: Ms. Maureen John-Xavier Issues: Status of the matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the Notice of discontinuance filed on 26th June 2024 was served on the respondent, the matter is hereby withdrawn and discontinued. Reason: The Court noted that the Notice of Discontinuance was filed on 26th June 2024 and that the respondent had been served with the same. In the circumstances the Court was minded to order that the matter be withdrawn and discontinued. Case Name: Anthony Edwin v Cox and Company [SLUHCVAP2021/0002] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: The appellant in person Respondent: Mr. Anwar Brice Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the Notice of Appeal filed on 8th February 2021 was served on the respondent outside of the time for service stipulated under the Civil Procedure Rules, 2000, there is no proper appeal before this court. 2. There is no order as to costs. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the affidavit of service of the notice of appeal showed that service of the notice of appeal was on 23rd July 2024. The Court noted that service on the respondent was outside of the time for service as stipulated in rule 62.9 of the Civil Procedure Rules, 2000. Having noted that an extension of time had not been sought, the Court determined that there was no proper appeal before the Court. Case Name:

[1]Norman Francis (Eleanor Francis as personal representative of the estate of Norman Francis)

[2]Thaddeus Antoine v [1] Jones Biscette [2] Marie Biscette

[3]Bank of Saint Lucia Limited [SLUHCVAP2017/0008] Consolidated with: Bank of Saint Lucia Limited v [1] Jones Biscette [2] Marie Biscette [SLUHCVAP2017/0007] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere for the appellant, Bank of Saint Lucia Limited Ms. Marie-Ange Symmonds for the appellants, Norman Francis and Thaddeus Antoine Respondents: Mr. Horace Fraser for the respondents, Jones and Marie Biscette Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellants in SLUHCVAP2017/0008 shall file and serve written submissions and authorities in support of their appeal on or before 31st October 2024. 2. The respondents in SLUHCVAP2017/0008 shall file and serve written submissions and authorities on or before 6th December 2024. 3. The appellants in SLUHCVAP2017/0008 are at liberty to file and serve written submissions and authorities in reply, if necessary on or before 20th December 2024. 4. The appellants shall file an electronic hearing bundle for these matters on or before 27th December 2024. 5. The appeal will be listed for hearing court of appeal sitting for the state of Saint Lucia on a date to be fixed by the CR on the matter being ready for hearing. Reason: The Court noted that submissions had not been filed in [SLUHCVAP2017/0008] and that counsel for the appellants, Norman Francis and Thaddeus Antoine, had requested leave to file if it is that the submissions were not intended to be consolidated submissions. The Court also noted that Counsel for the respondents, Jones and Marie Biscette intended to file written submissions as the matters/points are related but the Court noted that it would benefit from separate submissions. In the circumstances, the Court determined that the parties must be directed to file and serve written submissions and authorities. Case Name: [1] Monica Viola Joseph-Cyril (Representative of Estate of Magnus Ignatius De Roche) [2] Mary Anna De Roche Acting by her Attorney Monica Viola Joseph-Cyril v [1] Lorenzo Rudolph Francis [2] Cheryl Francis [3] Vandarpool Francis

[4]Felicia Wendy Stephen

[5]1st National Bank of St. Lucia LTD.

[6]Financial Investment and Consultancy Services LTD. [SLUHCVAP2020/0018] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Lorenzo Francis for the 1st – 4th respondents Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing for the state of Saint Lucia scheduled for 8th January 2025, to allow the appellant to be present to indicate whether she is still interested in prosecuting the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the appellant was not served to be present at the hearing and therefore determined that the matter should be adjourned to allow for the appellant to be present to indicate whether she is interested in prosecuting the appeal. Case Name: Ronald Parris v Comptroller of Customs and Excise [SLUHCVAP2020/0016] (Formerly SLUHCVAP2018/0006) (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Antonia Charlemagne Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The respondent shall upload all previously filed (paper) pleadings and documents the same as an “additional volume” on the E-Litigation Portal on or before 11th November 2024 2. The matter is adjourned to the next status hearing of the court for the state of Saint Lucia scheduled for 8th January 2025, to allow the appellant to indicate whether he is still interested in this appeal. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the migration order made on 2nd December 2020 by the respondent and noted that to date documents had not been uploaded on the E- Litigation Portal. As the Court was unaware of what documents had been filed, the Court determined that an order should be made directing the respondent to upload all previously filed (paper) pleadings and documents on the E-Litigation Portal. Case Name: William Wilson v Christie Robinson [SLUHCVAP2021/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Colin Foster Respondents: Mr. Ramón Raveneau Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 7th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 20th December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6th January 2025. 4. This appeal will be listed for hearing at a Court of Appeal sitting for the state of the Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court, though noting the absence of the appellant, was minded to give directions for the filing of submissions by the parties. Case Name: [1] Bethelia Francis [2] Janice Snaggs v Omega Caribe Limited (Trading as Oasis Marigot St. Lucia) [SLUHCVAP2022/0010] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lorenzo Francis Respondents: Mrs. Maureen John-Xavier Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon the Court receiving the consent of counsel for the respondent to accept service on the respondent, service will be accepted by counsel for the respondent. 2. The matter is adjourned to the next status hearing of the court for Saint Lucia to allow counsel for the applicant to make the necessary application in relation to an extension of time to serve the application filed on 18th August 2023. Reason: The Court questioned whether there had been service of the application on the respondent when upon the applicant attempting to serve at the last registered office of the respondent, he was informed that the respondent no longer operated in Saint Lucia and service was refused. Upon counsel for the respondent confirming that she represents the respondent and can therefore accept service of the application, the Court was minded to adjourn the matter to allow for service of the application. MAGISTERIAL CIVIL APPEALS Case Name: Romauld Harte v Perry Longville [SLUMCVAP2018/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance (Ms. Natalie Dabreo on record) Respondent: No appearance (Mr. Al Elliott on record) Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025, unless a consent order is sooner filed. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court questioned whether the matter had been settled, noting that a consent order had not been filed. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court unless a consent order is sooner filed. Case Name: Hollinda Allen Arthur v Raymond Volney [SLUMCVAP2018/0002] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the parties have not been served with notice of today’s hearing, the matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the parties had not been served with notice of the status hearing. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. Case Name: Rock Jean v Saint Lucia Civil Service Credit Union Limited [SLUMCVAP2019/0002] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Marie-Ange Symmonds Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall take the necessary steps to make payment for the transcript of proceedings in the court below. 2. The Chief Magistrate shall cause a supplemental record of appeal to be filed and served on the parties to include the exhibits attached and referred to in the Amended Statement of claim including and in particular (i) the exhibit marked SLSCCUL1 being the loan statement referred to in paragraph 2 , (ii) a copy of the arbitration award dated 15th December 2006 and marked EXHIBIT SLSCCUL2, referred to in paragraph 8 and (iii) the Solicitor’s dated 11th October 2016, and marked as EXHIBIT SLSCCUL4, as referred to in paragraph 13. 3. The Chief Magistrate shall cause the supplemental record of appeal referred to in paragraph 2 to be file don or before 29th November 2024, failing which an affidavit outlining the non-compliance shall be provided. 4. The Chief Magistrate shall ensure that all filed documents included in the Record of Appeal are the filed documents bearing the court’s stamp and the filing date. 5. The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8th January 2025. 6. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that there were documents missing from the Record of Appeal, as pointed out by the appellant. An order was made for the Chief Magistrate to rectify the deficiencies in the Record of Appeal. Case Name: Samuel Clairmont v The King [SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing for the state of saint Lucia scheduled for 8th January 2025. 2. The Registrar of the High Court is directed to serve a copy of this order in the appellant and provide proof of service thereafter. Reason: The Court noted that the Availability of Transcript was served on the appellant for cost of $1320.00 and on 4th June 2021 payment of $160.00 was made. The Court noted that no further payment was made towards the cost. The Court also noted that the appellant was not present given that the prisons did not log on. In the circumstances, the Court was minded to adjourn the matter to the next status hearing for the state of Saint Lucia. Case Name: Don Ismael v The King [SLUHCRAP2021/0004] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025, pending the determination of the appellant’s application to appeal in forma pauperis filed on 5th July 2024. Reason: The Court noted the order of the Court dated 24th September 2024 directing the appellant to file a certificate of counsel stating that the intended appellant has reasonable grounds of appeal, within 14 days of the date of this order and that consideration of the application for leave to appeal in forma pauperis is adjourned to the next Chamber Hearing of this Court scheduled for 22nd October 2024. The Court was therefore minded in the circumstances to adjourn the matter to the next status hearing of the Court pending the determination of the appellant’s application to appeal in forma pauperis. Case Name: Leroyson Gilbert v The King [SLUHCRAP2021/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025 to allow counsel for the appellant to make the necessary applications in relation to this matter. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to take the necessary steps required to put this matter in order and make the necessary applications. The Court also noted that counsel also needed to be satisfied that the offence is in fact dangerous harm as the Notice of Appeal states differently. The Court also noted that counsel had previously indicated that she intended to file an application for the waiver of fees, though this had not been done. Upon receiving an update, the Court was informed by counsel that the application was drafted but was lost due to a break in at the office. It was counsel’s indication to have the same done by the end of the month as he is engaged in a criminal trial which will take a few weeks. The Court noted that an adjournment would be necessary and that the respondent did not object. Case Name: Jeromine Jones v Director of Public Prosecutions [SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025 to allow the appellant to make the necessary applications to be appointed as a state attorney and to waive the fees for the transcript of proceedings. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to make the necessary applications to be appointed a state attorney and to waive the fees of the transcript. As such had not been done to date, counsel informed the Court of her intention to have the same filed by the end of the month and requested an adjournment for this purpose. The respondent did not object. Case Name: Kirby Lima v The King [SLUHCRAP2022/0007] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr Jeannot - Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 31st October 2024. 2. The respondent shall file and serve written submissions with authorities on or before 2nd December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 16th December 2024. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted that the previous order of the Court giving directions for the filing of submissions was not complied with. The Court also noted counselfor the appellant’s indication that he had taken instructions in the matter and had started drafting submissions but needs until at least the end of October 2024 to complete these. The Court noted that there was no objection by the respondent. The respondent also requested an extension until the end of November 2024 to file their submissions. In the circumstances, the Court was minded to give directions for the filing and serving of submissions. MAGISTERIAL CRIMINAL APPEALS Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the absence of the appellant, although he was served to be present at the hearing. Counsel for the respondent indicated that she was not in possession of the record of appeal as at the date of the status hearing. In the circumstances, the Court was minded to adjourn the matter to the next status hearing of the Court of Appeal. Case Name: Lon Octave v WPC 816 Mangal SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jadia Jn. Pierre Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 to allow the parties to review the record of appeal to ensure that it is complete and in order for the hearing of this appeal. Reason: The Court noted that counsel for the parties had not had an opportunity to review the file fully with both counsel asking to review the record of appeal to ensure that it is complete. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the parties to review the record of appeal as requested. Case Name: Ernest George v PC 600 St. Aimee [SLUMCRAP2014/0012] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the record of appeal was still pending and no affidavit had been filed by the Senior Magistrate. The Court also noted that the appellant was not served to be present. In the circumstances, the Court was minded to make an order directing the Senior Magistrate to prepare and serve the record of appeal on the parties. Case Name: Byron Nicholas v PC 600 St. Aimee [SLUMCRAP2014/0014] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted counsel’s request to review the record of appeal to confirm the contents therein. Upon noting the absence of the appellant from the hearing, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to indicate whether he is still interested in prosecuting his appeal. Case Name: Wilfred Karl Daniel v The King [SLUMCRAP2018/0007] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant is still interested in prosecuting his appeal, the matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025, to allow the appellant to settle his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant was present in person and had been previously represented by various counsel. The Court also noted the appellant’s indication that he is currently represented by Mr. Richelieu (though not on record) and that Mr. Richelieu would venture to access the information he requires in respect of the appellant’s matter. The appellant therefore requested an adjournment to the next Status Hearing of the Court to allow him to settle his legal representation. The respondent did not object. Case Name: Kim Didier v The Police (Wpc Elian) [SLUMCRAP2022/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall continue efforts to cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025. Reason: The Court noted that the record of appeal was still pending as at the date of the hearing. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the Senior Magistrate to continue efforts to cause the record of appeal to be prepared and served on the parties. Case Name: Avice Charles Inglis v Corporal of Police 618 (Roberto Harrison) [SLUMCRAP2020/0003] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 8th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 9th December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 24th December 2024. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted confirmation from the parties that the record of appeal was complete and in the circumstances was minded to direct the parties for the filing and serving of written submissions with authorities. Case Name: Miguel Elibox v PC 335 Gilroy Arthur [SLUMCRAP2021/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jeannot-Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 12th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8th January 2025. Reason: The Court noted that counsel for the appellant was in contact with the staff at the Magistrate’s Court in relation to the record of appeal. Having noted that counsel believed something was missing from the record of appeal but unsure as to what that was, the Court was minded to adjourn the matter to the next Status hearing of the Court to allow the Senior Magistrate to prepare and serve the record of appeal.

IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT SAINT LUCIA STATUS HEARING LIST WEDNESDAY, 9 TH OCTOBER 2024 HIGH COURT CIVIL APPEALS Case Name: Ruth Narcisse v Rasheiki Adolph [ SLUHCVAP2017/0004 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson-Ouhla Respondents: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is removed from the court’s list. The matter will be re-listed upon the appellant providing proof of service of the Notice of Appeal filed on 16 th June 2017 on the respondent. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that there is no proof of service of the notice of appeal on the respondent on record. In the circumstances, the Court was minded to remove the matter from the court’s list and to have it relisted upon proof of service of the notice of appeal being filed. Case Name: John D’Auvergne v Kareem Edwin [ SLUHCVAP2020/0026 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondents: Ms. Maureen John-Xavier Issues: Status of the matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the Notice of discontinuance filed on 26 th June 2024 was served on the respondent, the matter is hereby withdrawn and discontinued. Reason: The Court noted that the Notice of Discontinuance was filed on 26 th June 2024 and that the respondent had been served with the same. In the circumstances the Court was minded to order that the matter be withdrawn and discontinued. Case Name: Anthony Edwin v Cox and Company [ SLUHCVAP2021/0002 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: The appellant in person Respondent: Mr. Anwar Brice Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the Notice of Appeal filed on 8 th February 2021 was served on the respondent outside of the time for service stipulated under the Civil Procedure Rules, 2000, there is no proper appeal before this court. There is no order as to costs. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the affidavit of service of the notice of appeal showed that service of the notice of appeal was on 23 rd July 2024. The Court noted that service on the respondent was outside of the time for service as stipulated in rule 62.9 of the Civil Procedure Rules, 2000. Having noted that an extension of time had not been sought, the Court determined that there was no proper appeal before the Court. Case Name:

[1]Norman Francis (Eleanor Francis as personal representative of the estate of Norman Francis)

[2]Thaddeus Antoine v

[1]Jones Biscette

[2]Marie Biscette

[3]Bank of Saint Lucia Limited [ SLUHCVAP2017/0008 ] Consolidated with: Bank of Saint Lucia Limited v

[1]Jones Biscette

[2]Marie Biscette [SLUHCVAP2017/0007] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere for the appellant, Bank of Saint Lucia Limited Ms. Marie-Ange Symmonds for the appellants, Norman Francis and Thaddeus Antoine Respondents: Mr. Horace Fraser for the respondents, Jones and Marie Biscette Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellants in SLUHCVAP2017/0008 shall file and serve written submissions and authorities in support of their appeal on or before 31 st October 2024. The respondents in SLUHCVAP2017/0008 shall file and serve written submissions and authorities on or before 6 th December 2024. The appellants in SLUHCVAP2017/0008 are at liberty to file and serve written submissions and authorities in reply, if necessary on or before 20 th December 2024. The appellants shall file an electronic hearing bundle for these matters on or before 27 th December 2024. The appeal will be listed for hearing court of appeal sitting for the state of Saint Lucia on a date to be fixed by the CR on the matter being ready for hearing. Reason: The Court noted that submissions had not been filed in [SLUHCVAP2017/0008] and that counsel for the appellants, Norman Francis and Thaddeus Antoine, had requested leave to file if it is that the submissions were not intended to be consolidated submissions. The Court also noted that Counsel for the respondents, Jones and Marie Biscette intended to file written submissions as the matters/points are related but the Court noted that it would benefit from separate submissions. In the circumstances, the Court determined that the parties must be directed to file and serve written submissions and authorities. Case Name:

[1]Monica Viola Joseph-Cyril (Representative of Estate of Magnus Ignatius De Roche)

[2]Mary Anna De Roche Acting by her Attorney Monica Viola Joseph-Cyril v

[1]Lorenzo Rudolph Francis

[2]Cheryl Francis

[3]Vandarpool Francis

[4]Felicia Wendy Stephen

[5]1 st National Bank of St. Lucia LTD.

[6]Financial Investment and Consultancy Services LTD. [ SLUHCVAP2020/0018 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Lorenzo Francis for the 1 st – 4 th respondents Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing for the state of Saint Lucia scheduled for 8 th January 2025, to allow the appellant to be present to indicate whether she is still interested in prosecuting the appeal. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the appellant was not served to be present at the hearing and therefore determined that the matter should be adjourned to allow for the appellant to be present to indicate whether she is interested in prosecuting the appeal. Case Name: Ronald Parris v Comptroller of Customs and Excise [ SLUHCVAP2020/0016 ] (Formerly SLUHCVAP2018/0006) (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Antonia Charlemagne Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The respondent shall upload all previously filed (paper) pleadings and documents the same as an “additional volume” on the E-Litigation Portal on or before 11 th November 2024 The matter is adjourned to the next status hearing of the court for the state of Saint Lucia scheduled for 8 th January 2025, to allow the appellant to indicate whether he is still interested in this appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the migration order made on 2 nd December 2020 by the respondent and noted that to date documents had not been uploaded on the E-Litigation Portal. As the Court was unaware of what documents had been filed, the Court determined that an order should be made directing the respondent to upload all previously filed (paper) pleadings and documents on the E-Litigation Portal. Case Name: William Wilson v Christie Robinson [ SLUHCVAP2021/0001 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Colin Foster Respondents: Mr. Ramón Raveneau Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 7 th November 2024. The respondent shall file and serve written submissions with authorities on or before 20 th December 2024. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6 th January 2025. This appeal will be listed for hearing at a Court of Appeal sitting for the state of the Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court, though noting the absence of the appellant, was minded to give directions for the filing of submissions by the parties. Case Name:

[1]Bethelia Francis

[2]Janice Snaggs v Omega Caribe Limited (Trading as Oasis Marigot St. Lucia) [ SLUHCVAP2022/0010 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lorenzo Francis Respondents: Mrs. Maureen John-Xavier Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon the Court receiving the consent of counsel for the respondent to accept service on the respondent, service will be accepted by counsel for the respondent. The matter is adjourned to the next status hearing of the court for Saint Lucia to allow counsel for the applicant to make the necessary application in relation to an extension of time to serve the application filed on 18 th August 2023. Reason: The Court questioned whether there had been service of the application on the respondent when upon the applicant attempting to serve at the last registered office of the respondent, he was informed that the respondent no longer operated in Saint Lucia and service was refused. Upon counsel for the respondent confirming that she represents the respondent and can therefore accept service of the application, the Court was minded to adjourn the matter to allow for service of the application. MAGISTERIAL CIVIL APPEALS Case Name: Romauld Harte v Perry Longville [ SLUMCVAP2018/0001 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance (Ms. Natalie Dabreo on record) Respondent: No appearance (Mr. Al Elliott on record) Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025, unless a consent order is sooner filed. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court questioned whether the matter had been settled, noting that a consent order had not been filed. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court unless a consent order is sooner filed. Case Name: Hollinda Allen Arthur v Raymond Volney [ SLUMCVAP2018/0002 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the parties have not been served with notice of today’s hearing , the matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the parties had not been served with notice of the status hearing. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. Case Name: Rock Jean v Saint Lucia Civil Service Credit Union Limited [ SLUMCVAP2019/0002] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Marie-Ange Symmonds Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall take the necessary steps to make payment for the transcript of proceedings in the court below. The Chief Magistrate shall cause a supplemental record of appeal to be filed and served on the parties to include the exhibits attached and referred to in the Amended Statement of claim including and in particular (i) the exhibit marked SLSCCUL1 being the loan statement referred to in paragraph 2 , (ii) a copy of the arbitration award dated 15 th December 2006 and marked EXHIBIT SLSCCUL2, referred to in paragraph 8 and (iii) the Solicitor’s dated 11 th October 2016, and marked as EXHIBIT SLSCCUL4, as referred to in paragraph 13 . The Chief Magistrate shall cause the supplemental record of appeal referred to in paragraph 2 to be file don or before 29 th November 2024, failing which an affidavit outlining the non-compliance shall be provided. The Chief Magistrate shall ensure that all filed documents included in the Record of Appeal are the filed documents bearing the court’s stamp and the filing date. The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8 th January 2025. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that there were documents missing from the Record of Appeal, as pointed out by the appellant. An order was made for the Chief Magistrate to rectify the deficiencies in the Record of Appeal. Case Name: Samuel Clairmont v The King [ SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing for the state of saint Lucia scheduled for 8 th January 2025. The Registrar of the High Court is directed to serve a copy of this order in the appellant and provide proof of service thereafter. Reason: The Court noted that the Availability of Transcript was served on the appellant for cost of $1320.00 and on 4 th June 2021 payment of $160.00 was made. The Court noted that no further payment was made towards the cost. The Court also noted that the appellant was not present given that the prisons did not log on. In the circumstances, the Court was minded to adjourn the matter to the next status hearing for the state of Saint Lucia. Case Name: Don Ismael v The King [ SLUHCRAP2021/0004] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025, pending the determination of the appellant’s application to appeal in forma pauperis filed on 5 th July 2024. Reason: The Court noted the order of the Court dated 24 th September 2024 directing the appellant to file a certificate of counsel stating that the intended appellant has reasonable grounds of appeal, within 14 days of the date of this order and that consideration of the application for leave to appeal in forma pauperis is adjourned to the next Chamber Hearing of this Court scheduled for 22 nd October 2024. The Court was therefore minded in the circumstances to adjourn the matter to the next status hearing of the Court pending the determination of the appellant’s application to appeal in forma pauperis. Case Name: Leroyson Gilbert v The King [ SLUHCRAP2021/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025 to allow counsel for the appellant to make the necessary applications in relation to this matter. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to take the necessary steps required to put this matter in order and make the necessary applications. The Court also noted that counsel also needed to be satisfied that the offence is in fact dangerous harm as the Notice of Appeal states differently. The Court also noted that counsel had previously indicated that she intended to file an application for the waiver of fees, though this had not been done. Upon receiving an update, the Court was informed by counsel that the application was drafted but was lost due to a break in at the office. It was counsel’s indication to have the same done by the end of the month as he is engaged in a criminal trial which will take a few weeks. The Court noted that an adjournment would be necessary and that the respondent did not object. Case Name: Jeromine Jones v Director of Public Prosecutions [ SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025 to allow the appellant to make the necessary applications to be appointed as a state attorney and to waive the fees for the transcript of proceedings. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to make the necessary applications to be appointed a state attorney and to waive the fees of the transcript. As such had not been done to date, counsel informed the Court of her intention to have the same filed by the end of the month and requested an adjournment for this purpose. The respondent did not object. Case Name: Kirby Lima v The King [ SLUHCRAP2022/0007] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr Jeannot – Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 31 st October 2024.

2.The respondent shall file and serve written submissions with authorities on or before 2 nd December 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 16 th December 2024.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted that the previous order of the Court giving directions for the filing of submissions was not complied with. The Court also noted counselfor the appellant’s indication that he had taken instructions in the matter and had started drafting submissions but needs until at least the end of October 2024 to complete these. The Court noted that there was no objection by the respondent. The respondent also requested an extension until the end of November 2024 to file their submissions. In the circumstances, the Court was minded to give directions for the filing and serving of submissions. MAGISTERIAL CRIMINAL APPEALS Case Name: Jabez Frederick v PC 600 St. Aimee [ SLUMCRAP2014/0015] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal.

2.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the absence of the appellant, although he was served to be present at the hearing. Counsel for the respondent indicated that she was not in possession of the record of appeal as at the date of the status hearing. In the circumstances, the Court was minded to adjourn the matter to the next status hearing of the Court of Appeal. Case Name: Lon Octave v WPC 816 Mangal SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jadia Jn. Pierre Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 to allow the parties to review the record of appeal to ensure that it is complete and in order for the hearing of this appeal. Reason: The Court noted that counsel for the parties had not had an opportunity to review the file fully with both counsel asking to review the record of appeal to ensure that it is complete. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the parties to review the record of appeal as requested. Case Name: Ernest George v PC 600 St. Aimee [ SLUMCRAP2014/0012 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11 th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025.

3.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the record of appeal was still pending and no affidavit had been filed by the Senior Magistrate. The Court also noted that the appellant was not served to be present. In the circumstances, the Court was minded to make an order directing the Senior Magistrate to prepare and serve the record of appeal on the parties. Case Name: Byron Nicholas v PC 600 St. Aimee [SLUMCRAP2014/0014 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal.

2.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted counsel’s request to review the record of appeal to confirm the contents therein. Upon noting the absence of the appellant from the hearing, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to indicate whether he is still interested in prosecuting his appeal. Case Name: Wilfred Karl Daniel v The King [SLUMCRAP2018/0007 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant is still interested in prosecuting his appeal, the matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025, to allow the appellant to settle his legal representation.

2.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant was present in person and had been previously represented by various counsel. The Court also noted the appellant’s indication that he is currently represented by Mr. Richelieu (though not on record) and that Mr. Richelieu would venture to access the information he requires in respect of the appellant’s matter. The appellant therefore requested an adjournment to the next Status Hearing of the Court to allow him to settle his legal representation. The respondent did not object. Case Name: Kim Didier v The Police (Wpc Elian) [SLUMCRAP2022/0001] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall continue efforts to cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11 th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025. Reason: The Court noted that the record of appeal was still pending as at the date of the hearing. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the Senior Magistrate to continue efforts to cause the record of appeal to be prepared and served on the parties. Case Name: Avice Charles Inglis v Corporal of Police 618 (Roberto Harrison) [ SLUMCRAP2020/0003 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 8 th November 2024.

2.The respondent shall file and serve written submissions with authorities on or before 9 th December 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 24 th December 2024.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted confirmation from the parties that the record of appeal was complete and in the circumstances was minded to direct the parties for the filing and serving of written submissions with authorities. Case Name: Miguel Elibox v PC 335 Gilroy Arthur [SLUMCRAP2021/0001 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jeannot-Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 12 th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8 th January 2025. Reason: The Court noted that counsel for the appellant was in contact with the staff at the Magistrate’s Court in relation to the record of appeal. Having noted that counsel believed something was missing from the record of appeal but unsure as to what that was, the Court was minded to adjourn the matter to the next Status hearing of the Court to allow the Senior Magistrate to prepare and serve the record of appeal.

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IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT SAINT LUCIA STATUS HEARING LIST WEDNESDAY, 9TH OCTOBER 2024 HIGH COURT CIVIL APPEALS Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson-Ouhla Respondents: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is removed from the court’s list. 2. The matter will be re-listed upon the appellant providing proof of service of the Notice of Appeal filed on 16th June 2017 on the respondent. 3. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that there is no proof of service of the notice of appeal on the respondent on record. In the circumstances, the Court was minded to remove the matter from the court’s list and to have it relisted upon proof of service of the notice of appeal being filed. Case Name: John D’Auvergne v Kareem Edwin [SLUHCVAP2020/0026] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondents: Ms. Maureen John-Xavier Issues: Status of the matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the Notice of discontinuance filed on 26th June 2024 was served on the respondent, the matter is hereby withdrawn and discontinued. Reason: The Court noted that the Notice of Discontinuance was filed on 26th June 2024 and that the respondent had been served with the same. In the circumstances the Court was minded to order that the matter be withdrawn and discontinued. Case Name: Anthony Edwin v Cox and Company [SLUHCVAP2021/0002] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: The appellant in person Respondent: Mr. Anwar Brice Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the Notice of Appeal filed on 8th February 2021 was served on the respondent outside of the time for service stipulated under the Civil Procedure Rules, 2000, there is no proper appeal before this court. 2. There is no order as to costs. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the affidavit of service of the notice of appeal showed that service of the notice of appeal was on 23rd July 2024. The Court noted that service on the respondent was outside of the time for service as stipulated in rule 62.9 of the Civil Procedure Rules, 2000. Having noted that an extension of time had not been sought, the Court determined that there was no proper appeal before the Court. Case Name:

[1]Norman Francis (Eleanor Francis as personal representative of the estate of Norman Francis)

[2]Thaddeus Antoine v [1] Jones Biscette [2] Marie Biscette

[3]Bank of Saint Lucia Limited [SLUHCVAP2017/0008] Consolidated with: Bank of Saint Lucia Limited v [1] Jones Biscette [2] Marie Biscette [SLUHCVAP2017/0007] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere for the appellant, Bank of Saint Lucia Limited Ms. Marie-Ange Symmonds for the appellants, Norman Francis and Thaddeus Antoine Respondents: Mr. Horace Fraser for the respondents, Jones and Marie Biscette Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellants in SLUHCVAP2017/0008 shall file and serve written submissions and authorities in support of their appeal on or before 31st October 2024. 2. The respondents in SLUHCVAP2017/0008 shall file and serve written submissions and authorities on or before 6th December 2024. 3. The appellants in SLUHCVAP2017/0008 are at liberty to file and serve written submissions and authorities in reply, if necessary on or before 20th December 2024. 4. The appellants shall file an electronic hearing bundle for these matters on or before 27th December 2024. 5. The appeal will be listed for hearing court of appeal sitting for the state of Saint Lucia on a date to be fixed by the CR on the matter being ready for hearing. Reason: The Court noted that submissions had not been filed in [SLUHCVAP2017/0008] and that counsel for the appellants, Norman Francis and Thaddeus Antoine, had requested leave to file if it is that the submissions were not intended to be consolidated submissions. The Court also noted that Counsel for the respondents, Jones and Marie Biscette intended to file written submissions as the matters/points are related but the Court noted that it would benefit from separate submissions. In the circumstances, the Court determined that the parties must be directed to file and serve written submissions and authorities. Case Name: [1] Monica Viola Joseph-Cyril (Representative of Estate of Magnus Ignatius De Roche) [2] Mary Anna De Roche Acting by her Attorney Monica Viola Joseph-Cyril v [1] Lorenzo Rudolph Francis [2] Cheryl Francis [3] Vandarpool Francis

[4]Felicia Wendy Stephen

[5]1st National Bank of St. Lucia LTD.

[6]Financial Investment and Consultancy Services LTD. [SLUHCVAP2020/0018] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Lorenzo Francis for the 1st – 4th respondents Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing for the state of Saint Lucia scheduled for 8th January 2025, to allow the appellant to be present to indicate whether she is still interested in prosecuting the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the appellant was not served to be present at the hearing and therefore determined that the matter should be adjourned to allow for the appellant to be present to indicate whether she is interested in prosecuting the appeal. Case Name: Ronald Parris v Comptroller of Customs and Excise [SLUHCVAP2020/0016] (Formerly SLUHCVAP2018/0006) (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Antonia Charlemagne Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The respondent shall upload all previously filed (paper) pleadings and documents the same as an “additional volume” on the E-Litigation Portal on or before 11th November 2024 2. The matter is adjourned to the next status hearing of the court for the state of Saint Lucia scheduled for 8th January 2025, to allow the appellant to indicate whether he is still interested in this appeal. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the migration order made on 2nd December 2020 by the respondent and noted that to date documents had not been uploaded on the E- Litigation Portal. As the Court was unaware of what documents had been filed, the Court determined that an order should be made directing the respondent to upload all previously filed (paper) pleadings and documents on the E-Litigation Portal. Case Name: William Wilson v Christie Robinson [SLUHCVAP2021/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Colin Foster Respondents: Mr. Ramón Raveneau Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 7th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 20th December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6th January 2025. 4. This appeal will be listed for hearing at a Court of Appeal sitting for the state of the Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court, though noting the absence of the appellant, was minded to give directions for the filing of submissions by the parties. Case Name: [1] Bethelia Francis [2] Janice Snaggs v Omega Caribe Limited (Trading as Oasis Marigot St. Lucia) [SLUHCVAP2022/0010] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lorenzo Francis Respondents: Mrs. Maureen John-Xavier Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon the Court receiving the consent of counsel for the respondent to accept service on the respondent, service will be accepted by counsel for the respondent. 2. The matter is adjourned to the next status hearing of the court for Saint Lucia to allow counsel for the applicant to make the necessary application in relation to an extension of time to serve the application filed on 18th August 2023. Reason: The Court questioned whether there had been service of the application on the respondent when upon the applicant attempting to serve at the last registered office of the respondent, he was informed that the respondent no longer operated in Saint Lucia and service was refused. Upon counsel for the respondent confirming that she represents the respondent and can therefore accept service of the application, the Court was minded to adjourn the matter to allow for service of the application. MAGISTERIAL CIVIL APPEALS Case Name: Romauld Harte v Perry Longville [SLUMCVAP2018/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance (Ms. Natalie Dabreo on record) Respondent: No appearance (Mr. Al Elliott on record) Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025, unless a consent order is sooner filed. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court questioned whether the matter had been settled, noting that a consent order had not been filed. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court unless a consent order is sooner filed. Case Name: Hollinda Allen Arthur v Raymond Volney [SLUMCVAP2018/0002] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the parties have not been served with notice of today’s hearing, the matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the parties had not been served with notice of the status hearing. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. Case Name: Rock Jean v Saint Lucia Civil Service Credit Union Limited [SLUMCVAP2019/0002] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Marie-Ange Symmonds Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall take the necessary steps to make payment for the transcript of proceedings in the court below. 2. The Chief Magistrate shall cause a supplemental record of appeal to be filed and served on the parties to include the exhibits attached and referred to in the Amended Statement of claim including and in particular (i) the exhibit marked SLSCCUL1 being the loan statement referred to in paragraph 2 , (ii) a copy of the arbitration award dated 15th December 2006 and marked EXHIBIT SLSCCUL2, referred to in paragraph 8 and (iii) the Solicitor’s dated 11th October 2016, and marked as EXHIBIT SLSCCUL4, as referred to in paragraph 13. 3. The Chief Magistrate shall cause the supplemental record of appeal referred to in paragraph 2 to be file don or before 29th November 2024, failing which an affidavit outlining the non-compliance shall be provided. 4. The Chief Magistrate shall ensure that all filed documents included in the Record of Appeal are the filed documents bearing the court’s stamp and the filing date. 5. The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8th January 2025. 6. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that there were documents missing from the Record of Appeal, as pointed out by the appellant. An order was made for the Chief Magistrate to rectify the deficiencies in the Record of Appeal. Case Name: Samuel Clairmont v The King [SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing for the state of saint Lucia scheduled for 8th January 2025. 2. The Registrar of the High Court is directed to serve a copy of this order in the appellant and provide proof of service thereafter. Reason: The Court noted that the Availability of Transcript was served on the appellant for cost of $1320.00 and on 4th June 2021 payment of $160.00 was made. The Court noted that no further payment was made towards the cost. The Court also noted that the appellant was not present given that the prisons did not log on. In the circumstances, the Court was minded to adjourn the matter to the next status hearing for the state of Saint Lucia. Case Name: Don Ismael v The King [SLUHCRAP2021/0004] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025, pending the determination of the appellant’s application to appeal in forma pauperis filed on 5th July 2024. Reason: The Court noted the order of the Court dated 24th September 2024 directing the appellant to file a certificate of counsel stating that the intended appellant has reasonable grounds of appeal, within 14 days of the date of this order and that consideration of the application for leave to appeal in forma pauperis is adjourned to the next Chamber Hearing of this Court scheduled for 22nd October 2024. The Court was therefore minded in the circumstances to adjourn the matter to the next status hearing of the Court pending the determination of the appellant’s application to appeal in forma pauperis. Case Name: Leroyson Gilbert v The King [SLUHCRAP2021/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025 to allow counsel for the appellant to make the necessary applications in relation to this matter. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to take the necessary steps required to put this matter in order and make the necessary applications. The Court also noted that counsel also needed to be satisfied that the offence is in fact dangerous harm as the Notice of Appeal states differently. The Court also noted that counsel had previously indicated that she intended to file an application for the waiver of fees, though this had not been done. Upon receiving an update, the Court was informed by counsel that the application was drafted but was lost due to a break in at the office. It was counsel’s indication to have the same done by the end of the month as he is engaged in a criminal trial which will take a few weeks. The Court noted that an adjournment would be necessary and that the respondent did not object. Case Name: Jeromine Jones v Director of Public Prosecutions [SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025 to allow the appellant to make the necessary applications to be appointed as a state attorney and to waive the fees for the transcript of proceedings. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to make the necessary applications to be appointed a state attorney and to waive the fees of the transcript. As such had not been done to date, counsel informed the Court of her intention to have the same filed by the end of the month and requested an adjournment for this purpose. The respondent did not object. Case Name: Kirby Lima v The King [SLUHCRAP2022/0007] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr Jeannot - Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 31st October 2024. 2. The respondent shall file and serve written submissions with authorities on or before 2nd December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 16th December 2024. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted that the previous order of the Court giving directions for the filing of submissions was not complied with. The Court also noted counselfor the appellant’s indication that he had taken instructions in the matter and had started drafting submissions but needs until at least the end of October 2024 to complete these. The Court noted that there was no objection by the respondent. The respondent also requested an extension until the end of November 2024 to file their submissions. In the circumstances, the Court was minded to give directions for the filing and serving of submissions. MAGISTERIAL CRIMINAL APPEALS Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the absence of the appellant, although he was served to be present at the hearing. Counsel for the respondent indicated that she was not in possession of the record of appeal as at the date of the status hearing. In the circumstances, the Court was minded to adjourn the matter to the next status hearing of the Court of Appeal. Case Name: Lon Octave v WPC 816 Mangal SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jadia Jn. Pierre Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 to allow the parties to review the record of appeal to ensure that it is complete and in order for the hearing of this appeal. Reason: The Court noted that counsel for the parties had not had an opportunity to review the file fully with both counsel asking to review the record of appeal to ensure that it is complete. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the parties to review the record of appeal as requested. Case Name: Ernest George v PC 600 St. Aimee [SLUMCRAP2014/0012] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the record of appeal was still pending and no affidavit had been filed by the Senior Magistrate. The Court also noted that the appellant was not served to be present. In the circumstances, the Court was minded to make an order directing the Senior Magistrate to prepare and serve the record of appeal on the parties. Case Name: Byron Nicholas v PC 600 St. Aimee [SLUMCRAP2014/0014] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted counsel’s request to review the record of appeal to confirm the contents therein. Upon noting the absence of the appellant from the hearing, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to indicate whether he is still interested in prosecuting his appeal. Case Name: Wilfred Karl Daniel v The King [SLUMCRAP2018/0007] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant is still interested in prosecuting his appeal, the matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025, to allow the appellant to settle his legal representation. 2. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant was present in person and had been previously represented by various counsel. The Court also noted the appellant’s indication that he is currently represented by Mr. Richelieu (though not on record) and that Mr. Richelieu would venture to access the information he requires in respect of the appellant’s matter. The appellant therefore requested an adjournment to the next Status Hearing of the Court to allow him to settle his legal representation. The respondent did not object. Case Name: Kim Didier v The Police (Wpc Elian) [SLUMCRAP2022/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall continue efforts to cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8th January 2025. Reason: The Court noted that the record of appeal was still pending as at the date of the hearing. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the Senior Magistrate to continue efforts to cause the record of appeal to be prepared and served on the parties. Case Name: Avice Charles Inglis v Corporal of Police 618 (Roberto Harrison) [SLUMCRAP2020/0003] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 8th November 2024. 2. The respondent shall file and serve written submissions with authorities on or before 9th December 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 24th December 2024. 4. The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted confirmation from the parties that the record of appeal was complete and in the circumstances was minded to direct the parties for the filing and serving of written submissions with authorities. Case Name: Miguel Elibox v PC 335 Gilroy Arthur [SLUMCRAP2021/0001] (Saint Lucia) Date: Wednesday, 9th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jeannot-Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 12th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8th January 2025. Reason: The Court noted that counsel for the appellant was in contact with the staff at the Magistrate’s Court in relation to the record of appeal. Having noted that counsel believed something was missing from the record of appeal but unsure as to what that was, the Court was minded to adjourn the matter to the next Status hearing of the Court to allow the Senior Magistrate to prepare and serve the record of appeal.

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IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT SAINT LUCIA STATUS HEARING LIST WEDNESDAY, 9 TH OCTOBER 2024 HIGH COURT CIVIL APPEALS Case Name: Ruth Narcisse v Rasheiki Adolph [ SLUHCVAP2017/0004 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Cynthia Hinkson-Ouhla Respondents: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is removed from the court’s list. The matter will be re-listed upon the appellant providing proof of service of the Notice of Appeal filed on 16 th June 2017 on the respondent. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that there is no proof of service of the notice of appeal on the respondent on record. In the circumstances, the Court was minded to remove the matter from the court’s list and to have it relisted upon proof of service of the notice of appeal being filed. Case Name: John D’Auvergne v Kareem Edwin [ SLUHCVAP2020/0026 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondents: Ms. Maureen John-Xavier Issues: Status of the matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the Notice of discontinuance filed on 26 th June 2024 was served on the respondent, the matter is hereby withdrawn and discontinued. Reason: The Court noted that the Notice of Discontinuance was filed on 26 th June 2024 and that the respondent had been served with the same. In the circumstances the Court was minded to order that the matter be withdrawn and discontinued. Case Name: Anthony Edwin v Cox and Company [ SLUHCVAP2021/0002 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: The appellant in person Respondent: Mr. Anwar Brice Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the Notice of Appeal filed on 8 th February 2021 was served on the respondent outside of the time for service stipulated under the Civil Procedure Rules, 2000, there is no proper appeal before this court. There is no order as to costs. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the affidavit of service of the notice of appeal showed that service of the notice of appeal was on 23 rd July 2024. The Court noted that service on the respondent was outside of the time for service as stipulated in rule 62.9 of the Civil Procedure Rules, 2000. Having noted that an extension of time had not been sought, the Court determined that there was no proper appeal before the Court. Case Name:

[1]Norman Francis (Eleanor Francis as personal representative of the estate of Norman Francis)

[2]Thaddeus Antoine v

[3]Bank of Saint Lucia Limited [ [SLUHCVAP2017/0008] ] Consolidated with: Bank of Saint Lucia Limited v

[4]Felicia Wendy Stephen

[5]1 st National Bank of St. Lucia LTD.

[6]Financial Investment and Consultancy Services LTD. [ SLUHCVAP2020/0018 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: Mr. Lorenzo Francis for the 1 st – 4 th respondents Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing for the state of Saint Lucia scheduled for 8 th January 2025, to allow the appellant to be present to indicate whether she is still interested in prosecuting the appeal. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the appellant was not served to be present at the hearing and therefore determined that the matter should be adjourned to allow for the appellant to be present to indicate whether she is interested in prosecuting the appeal. Case Name: Ronald Parris v Comptroller of Customs and Excise [ SLUHCVAP2020/0016 ] (Formerly SLUHCVAP2018/0006) (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Antonia Charlemagne Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The respondent shall upload all previously filed (paper) pleadings and documents the same as an “additional volume” on the E-Litigation Portal on or before 11 th November 2024 The matter is adjourned to the next status hearing of the court for the state of Saint Lucia scheduled for 8 th January 2025, to allow the appellant to indicate whether he is still interested in this appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the migration order made on 2 nd December 2020 by the respondent and noted that to date documents had not been uploaded on the E-Litigation Portal. As the Court was unaware of what documents had been filed, the Court determined that an order should be made directing the respondent to upload all previously filed (paper) pleadings and documents on the E-Litigation Portal. Case Name: William Wilson v Christie Robinson [ SLUHCVAP2021/0001 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Colin Foster Respondents: Mr. Ramón Raveneau Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 7 th November 2024. The respondent shall file and serve written submissions with authorities on or before 20 th December 2024. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 6 th January 2025. This appeal will be listed for hearing at a Court of Appeal sitting for the state of the Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court, though noting the absence of the appellant, was minded to give directions for the filing of submissions by the parties. Case Name:

[1]Jones Biscette

[2]Marie Biscette

[1]Jones Biscette

[2]Marie Biscette [SLUHCVAP2017/0007] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere for the appellant, Bank of Saint Lucia Limited Ms. Marie-Ange Symmonds for the appellants, Norman Francis and Thaddeus Antoine Respondents: Mr. Horace Fraser for the respondents, Jones and Marie Biscette Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellants in SLUHCVAP2017/0008 shall file and serve written submissions and authorities in support of their appeal on or before 31 st October 2024. The respondents in SLUHCVAP2017/0008 shall file and serve written submissions and authorities on or before 6 th December 2024. The appellants in SLUHCVAP2017/0008 are at liberty to file and serve written submissions and authorities in reply, if necessary on or before 20 th December 2024. The appellants shall file an electronic hearing bundle for these matters on or before 27 th December 2024. The appeal will be listed for hearing court of appeal sitting for the state of Saint Lucia on a date to be fixed by the CR on the matter being ready for hearing. Reason: The Court noted that submissions had not been filed in [SLUHCVAP2017/0008] and that counsel for the appellants, Norman Francis and Thaddeus Antoine, had requested leave to file if it is that the submissions were not intended to be consolidated submissions. The Court also noted that Counsel for the respondents, Jones and Marie Biscette intended to file written submissions as the matters/points are related but the Court noted that it would benefit from separate submissions. In the circumstances, the Court determined that the parties must be directed to file and serve written submissions and authorities. Case Name:

[1]Monica Viola Joseph-Cyril (Representative of Estate of Magnus Ignatius De Roche)

[2]Mary Anna De Roche Acting by her Attorney Monica Viola Joseph-Cyril v

[1]Lorenzo Rudolph Francis

[2]Cheryl Francis

[3]Vandarpool Francis

[1]Bethelia Francis

[2]Janice Snaggs v Omega Caribe Limited (Trading as Oasis Marigot St. Lucia) [ SLUHCVAP2022/0010 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lorenzo Francis Respondents: Mrs. Maureen John-Xavier Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon the Court receiving the consent of counsel for the respondent to accept service on the respondent, service will be accepted by counsel for the respondent. The matter is adjourned to the next status hearing of the court for Saint Lucia to allow counsel for the applicant to make the necessary application in relation to an extension of time to serve the application filed on 18 th August 2023. Reason: The Court questioned whether there had been service of the application on the respondent when upon the applicant attempting to serve at the last registered office of the respondent, he was informed that the respondent no longer operated in Saint Lucia and service was refused. Upon counsel for the respondent confirming that she represents the respondent and can therefore accept service of the application, the Court was minded to adjourn the matter to allow for service of the application. MAGISTERIAL CIVIL APPEALS Case Name: Romauld Harte v Perry Longville [ SLUMCVAP2018/0001 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance (Ms. Natalie Dabreo on record) Respondent: No appearance (Mr. Al Elliott on record) Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025, unless a consent order is sooner filed. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court questioned whether the matter had been settled, noting that a consent order had not been filed. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court unless a consent order is sooner filed. Case Name: Hollinda Allen Arthur v Raymond Volney [ SLUMCVAP2018/0002 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the parties have not been served with notice of today’s hearing , the matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the parties had not been served with notice of the status hearing. In the circumstances the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. Case Name: Rock Jean v Saint Lucia Civil Service Credit Union Limited [ SLUMCVAP2019/0002] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Marie-Ange Symmonds Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall take the necessary steps to make payment for the transcript of proceedings in the court below. The Chief Magistrate shall cause a supplemental record of appeal to be filed and served on the parties to include the exhibits attached and referred to in the Amended Statement of claim including and in particular (i) the exhibit marked SLSCCUL1 being the loan statement referred to in paragraph 2 , (ii) a copy of the arbitration award dated 15 th December 2006 and marked EXHIBIT SLSCCUL2, referred to in paragraph 8 and (iii) the Solicitor’s dated 11 th October 2016, and marked as EXHIBIT SLSCCUL4, as referred to in paragraph 13 . The Chief Magistrate shall cause the supplemental record of appeal referred to in paragraph 2 to be file don or before 29 th November 2024, failing which an affidavit outlining the non-compliance shall be provided. The Chief Magistrate shall ensure that all filed documents included in the Record of Appeal are the filed documents bearing the court’s stamp and the filing date. The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8 th January 2025. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that there were documents missing from the Record of Appeal, as pointed out by the appellant. An order was made for the Chief Magistrate to rectify the deficiencies in the Record of Appeal. Case Name: Samuel Clairmont v The King [ SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing for the state of saint Lucia scheduled for 8 th January 2025. The Registrar of the High Court is directed to serve a copy of this order in the appellant and provide proof of service thereafter. Reason: The Court noted that the Availability of Transcript was served on the appellant for cost of $1320.00 and on 4 th June 2021 payment of $160.00 was made. The Court noted that no further payment was made towards the cost. The Court also noted that the appellant was not present given that the prisons did not log on. In the circumstances, the Court was minded to adjourn the matter to the next status hearing for the state of Saint Lucia. Case Name: Don Ismael v The King [ SLUHCRAP2021/0004] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025, pending the determination of the appellant’s application to appeal in forma pauperis filed on 5 th July 2024. Reason: The Court noted the order of the Court dated 24 th September 2024 directing the appellant to file a certificate of counsel stating that the intended appellant has reasonable grounds of appeal, within 14 days of the date of this order and that consideration of the application for leave to appeal in forma pauperis is adjourned to the next Chamber Hearing of this Court scheduled for 22 nd October 2024. The Court was therefore minded in the circumstances to adjourn the matter to the next status hearing of the Court pending the determination of the appellant’s application to appeal in forma pauperis. Case Name: Leroyson Gilbert v The King [ SLUHCRAP2021/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025 to allow counsel for the appellant to make the necessary applications in relation to this matter. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to take the necessary steps required to put this matter in order and make the necessary applications. The Court also noted that counsel also needed to be satisfied that the offence is in fact dangerous harm as the Notice of Appeal states differently. The Court also noted that counsel had previously indicated that she intended to file an application for the waiver of fees, though this had not been done. Upon receiving an update, the Court was informed by counsel that the application was drafted but was lost due to a break in at the office. It was counsel’s indication to have the same done by the end of the month as he is engaged in a criminal trial which will take a few weeks. The Court noted that an adjournment would be necessary and that the respondent did not object. Case Name: Jeromine Jones v Director of Public Prosecutions [ SLUHCRAP2020/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025 to allow the appellant to make the necessary applications to be appointed as a state attorney and to waive the fees for the transcript of proceedings. Reason: The Court noted that on the last occasion counsel for the appellant requested an adjournment to make the necessary applications to be appointed a state attorney and to waive the fees of the transcript. As such had not been done to date, counsel informed the Court of her intention to have the same filed by the end of the month and requested an adjournment for this purpose. The respondent did not object. Case Name: Kirby Lima v The King [ SLUHCRAP2022/0007] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr Jeannot – Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 31 st October 2024.

2.The respondent shall file and serve written submissions with authorities on or before 2 nd December 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 16 th December 2024.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted that the previous order of the Court giving directions for the filing of submissions was not complied with. The Court also noted counselfor the appellant’s indication that he had taken instructions in the matter and had started drafting submissions but needs until at least the end of October 2024 to complete these. The Court noted that there was no objection by the respondent. The respondent also requested an extension until the end of November 2024 to file their submissions. In the circumstances, the Court was minded to give directions for the filing and serving of submissions. MAGISTERIAL CRIMINAL APPEALS Case Name: Jabez Frederick v PC 600 St. Aimee [ SLUMCRAP2014/0015] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal.

2.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted the absence of the appellant, although he was served to be present at the hearing. Counsel for the respondent indicated that she was not in possession of the record of appeal as at the date of the status hearing. In the circumstances, the Court was minded to adjourn the matter to the next status hearing of the Court of Appeal. Case Name: Lon Octave v WPC 816 Mangal SLUMCRAP2018/0004] [SLUMCRAP2018/0005] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jadia Jn. Pierre Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 to allow the parties to review the record of appeal to ensure that it is complete and in order for the hearing of this appeal. Reason: The Court noted that counsel for the parties had not had an opportunity to review the file fully with both counsel asking to review the record of appeal to ensure that it is complete. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the parties to review the record of appeal as requested. Case Name: Ernest George v PC 600 St. Aimee [ SLUMCRAP2014/0012 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11 th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025.

3.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the record of appeal was still pending and no affidavit had been filed by the Senior Magistrate. The Court also noted that the appellant was not served to be present. In the circumstances, the Court was minded to make an order directing the Senior Magistrate to prepare and serve the record of appeal on the parties. Case Name: Byron Nicholas v PC 600 St. Aimee [SLUMCRAP2014/0014 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant was served to be present at today’s hearing but is not, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 8 th January 2025 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal.

2.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted counsel’s request to review the record of appeal to confirm the contents therein. Upon noting the absence of the appellant from the hearing, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the appellant to indicate whether he is still interested in prosecuting his appeal. Case Name: Wilfred Karl Daniel v The King [SLUMCRAP2018/0007 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant is still interested in prosecuting his appeal, the matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025, to allow the appellant to settle his legal representation.

2.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant was present in person and had been previously represented by various counsel. The Court also noted the appellant’s indication that he is currently represented by Mr. Richelieu (though not on record) and that Mr. Richelieu would venture to access the information he requires in respect of the appellant’s matter. The appellant therefore requested an adjournment to the next Status Hearing of the Court to allow him to settle his legal representation. The respondent did not object. Case Name: Kim Didier v The Police (Wpc Elian) [SLUMCRAP2022/0001] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Alberta Richelieu holding papers for Mr. Alberton Richelieu Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall continue efforts to cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 11 th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next status hearing of the court of appeal for the state of Saint Lucia scheduled for 8 th January 2025. Reason: The Court noted that the record of appeal was still pending as at the date of the hearing. In the circumstances, the Court was minded to adjourn the matter to the next Status Hearing of the Court to allow the Senior Magistrate to continue efforts to cause the record of appeal to be prepared and served on the parties. Case Name: Avice Charles Inglis v Corporal of Police 618 (Roberto Harrison) [ SLUMCRAP2020/0003 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Prospere Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 8 th November 2024.

2.The respondent shall file and serve written submissions with authorities on or before 9 th December 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 24 th December 2024.

4.The appeal will be listed for hearing at a Court of Appeal sitting for the State of Saint Lucia on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted confirmation from the parties that the record of appeal was complete and in the circumstances was minded to direct the parties for the filing and serving of written submissions with authorities. Case Name: Miguel Elibox v PC 335 Gilroy Arthur [SLUMCRAP2021/0001 ] (Saint Lucia) Date: Wednesday, 9 th October 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Jeannot-Michel Walters Respondent: Ms. Kelly Thomson Issues: Status of the matter Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 12 th December 2024, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next status hearing of the court of appeal for Saint Lucia scheduled for 8 th January 2025. Reason: The Court noted that counsel for the appellant was in contact with the staff at the Magistrate’s Court in relation to the record of appeal. Having noted that counsel believed something was missing from the record of appeal but unsure as to what that was, the Court was minded to adjourn the matter to the next Status hearing of the Court to allow the Senior Magistrate to prepare and serve the record of appeal.

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