Chamber Hearing – 23rd January 2024

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 23rd January 2024 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Gerard Farara, Justice of Appeal [Ag.] Case Name: Leon Riley v The King [ANUHCRAP2023/0010] (Antigua and Barbuda) Date: Tuesday, 23rd January 2024 On paper: Applicant: Mr. Wendel Alexander Respondent: Director of Public Prosecutions Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.An extension of time is granted to the applicant to apply for leave to appeal against his conviction and sentence.

2.The notice of application for leave to appeal against conviction and sentence is granted.

3.The notice of application filed on 23rd November 2023 is deemed to be the notice of appeal.

4.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court was of the view that the application should be granted an extension of time and met the threshold for the grant of leave to appeal. Case Name: Asarni Thomas v Client Communications Services Inc [ANUHLTAP2023/0009] (Antigua and Barbuda) Date: Tuesday, 23rd January 2024 Appearances: Applicant: Mr. Wendel Alexander Respondent: Dr. L Errol Cort IT IS HEREBY ORDERED THAT: The application for an extension of time to file the notice of appeal is refused. Issues: Application for extension of time to file notice of appeal – Application to deem notice of appeal properly filed – Application for relief from sanctions Result / Order: Reason: The Court considered the principles on which an extension of time should be granted as enunciated in Lindsay F.P Grant et al v Tanzania Tobin Tanzil SKBHCVAP2020/0004 (delivered 6th July 2020, unreported) and was of the view that the application for an extension of time ought to be refused in the circumstances. Case Name: O’Neil Mighty v The King [GDAHCRAP2023/0020] (Grenada) Date: Tuesday, 23rd January 2024 Appearances: Applicant: Respondent: Mr. Jerry Edwin The Director of Public Prosecutions Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED: 1. The notice of application for leave to appeal against sentence is granted. 2. The notice of application filed on 15th November 2023 is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court was satisfied that the applicant met the threshold for the grant of leave to appeal. Case Name: Levi Maximea v The Dominica Agricultural Industrial and Development Bank [DOMHCVAP2023/0012] (Commonwealth of Dominica) Date: Tuesday, 23rd January 2024 Appearances: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED: The application for leave to appeal against the decision of Josiah-Graham J delivered 8th November 2023, is set down for hearing before the Full Court on a date to be fixed by the Chief Registrar. Reason: The Court considered that the applicant’s application for leave to appeal did not meet the threshold for the grant of leave to appeal and upon considering rule 62.2(7) of the Civil Procedure Rules (Revised Edition) 2023, directed the matter to be fixed. Case Name: Peter Scotland v Chief of Police [SKBMCRAP2023/0009] (Saint Kitts and Nevis) Date: Tuesday, 23rd January 2024 Appearances: Applicant: Respondent: IT IS HEREBY ORDERED THAT: In person Director of Public Prosecutions Issues: Application for leave to appeal against conviction and sentence Result / Order: 1. The applicant shall within 14 days of the date of service on him of this order file and serve on the Director of Public Prosecutions an application for an extension of time within which to apply for leave to appeal against sentence. 2. The applications for an extension of time and for leave to appeal are adjourned for further consideration at the next Chamber Sitting of the Court scheduled for 20th February 2024. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court noted that the application for leave to appeal against conviction and sentence was out of time and there was no application for an extension of time to apply for leave to appeal. Case Name: Mikey Mills v Director of Public Prosecutions [NEVHCRAP2023/0001] (Saint Kitts and Nevis) Date: Tuesday, 23rd January 2024 Appearances: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar shall provide to this Court an affidavit evidencing service of the applicant’s notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of this order. 2. The application for leave to appeal against sentence is adjourned to the next Chamber Hearing of the Court scheduled for 20th February 2024. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court considered that there was no compliance with the order of the Court dated 19th December 2023 directing the Registrar to serve on the respondent the notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of the order. Case Name: Patrice Monzack v Director of Public Prosecutions [NEVHCRAP2023/0002] (Saint Kitts and Nevis) Date: Tuesday, 23rd January 2024 Appearances: Applicant: In person Respondents: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar shall provide to this Court an affidavit evidencing service of the applicant’s notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of this order. 2. The application for leave to appeal against sentence is adjourned to the next Chamber Hearing of the Court scheduled for 20th February 2024. 3. The Registrar of the High Court shall serve a copy of Devorn Charles this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court considered that there was no compliance with the order of the Court dated 19th December 2023 directing the Registrar to serve on the respondent the notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of the order. Case Name: v The King [SVGHCRAP2023/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 23rd January 2024 Appearances: Applicant: Mr. Duane Daniel Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of application for leave to appeal against conviction and sentence is granted. 2. The notice of application filed on 8th November 2023 is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his conviction and sentence.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING rd January 2024 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Gerard Farara, Justice of Appeal [Ag.] Case Name: Leon Riley v The King [ANUHCRAP2023/0010] (Antigua and Barbuda) Date: Tuesday, 23 rd January 2024 On paper: Applicant: Mr. Wendel Alexander Respondent: Director of Public Prosecutions Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.An extension of time is granted to the applicant to apply for leave to appeal against his conviction and sentence.

2.The notice of application for leave to appeal against conviction and sentence is granted.

3.The notice of application filed on 23 rd November 2023 is deemed to be the notice of appeal.

4.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court was of the view that the application should be granted an extension of time and met the threshold for the grant of leave to appeal. Case Name: Asarni Thomas v Client Communications Services Inc [ANUHLTAP2023/0009] (Antigua and Barbuda) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: Mr. Wendel Alexander Respondent: Dr. L Errol Cort Issues: Application for extension of time to file notice of appeal – Application to deem notice of appeal properly filed – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time to file the notice of appeal is refused. Reason: The Court considered the principles on which an extension of time should be granted as enunciated in Lindsay F.P Grant et al v Tanzania Tobin Tanzil SKBHCVAP2020/0004 (delivered 6 th July 2020, unreported) and was of the view that the application for an extension of time ought to be refused in the circumstances. Case Name: O’Neil Mighty v The King [GDAHCRAP2023/0020] (Grenada) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: Respondent: Mr. Jerry Edwin The Director of Public Prosecutions Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED:

1.The notice of application for leave to appeal against sentence is granted.

2.The notice of application filed on 15 th November 2023 is deemed to be the notice of appeal.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court was satisfied that the applicant met the threshold for the grant of leave to appeal. Case Name: Levi Maximea v The Dominica Agricultural Industrial and Development Bank [DOMHCVAP2023/0012] (Commonwealth of Dominica) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED: The application for leave to appeal against the decision of Josiah-Graham J delivered 8 th November 2023, is set down for hearing before the Full Court on a date to be fixed by the Chief Registrar. Reason: The Court considered that the applicant’s application for leave to appeal did not meet the threshold for the grant of leave to appeal and upon considering rule 62.2(7) of the Civil Procedure Rules (Revised Edition) 2023, directed the matter to be fixed. Case Name: Peter Scotland v Chief of Police [SKBMCRAP2023/0009] (Saint Kitts and Nevis) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: Respondent: In person Director of Public Prosecutions Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall within 14 days of the date of service on him of this order file and serve on the Director of Public Prosecutions an application for an extension of time within which to apply for leave to appeal against sentence.

2.The applications for an extension of time and for leave to appeal are adjourned for further consideration at the next Chamber Sitting of the Court scheduled for 20 th February 2024.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court noted that the application for leave to appeal against conviction and sentence was out of time and there was no application for an extension of time to apply for leave to appeal. Case Name: Mikey Mills v Director of Public Prosecutions [NEVHCRAP2023/0001] (Saint Kitts and Nevis) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar shall provide to this Court an affidavit evidencing service of the applicant’s notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of this order.

2.The application for leave to appeal against sentence is adjourned to the next Chamber Hearing of the Court scheduled for 20 th February 2024.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court considered that there was no compliance with the order of the Court dated 19 th December 2023 directing the Registrar to serve on the respondent the notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of the order. Case Name: Patrice Monzack v Director of Public Prosecutions [NEVHCRAP2023/0002] (Saint Kitts and Nevis) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: In person Respondents: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar shall provide to this Court an affidavit evidencing service of the applicant’s notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of this order.

2.The application for leave to appeal against sentence is adjourned to the next Chamber Hearing of the Court scheduled for 20 th February 2024.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court considered that there was no compliance with the order of the Court dated 19 th December 2023 directing the Registrar to serve on the respondent the notice of application and the authorization code generated by the ECSC’s E-Litigation Portal within 14 days of the date of the order. Case Name: Devorn Charles v The King [SVGHCRAP2023/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 23 rd January 2024 Appearances: Applicant: Mr. Duane Daniel Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The notice of application for leave to appeal against conviction and sentence is granted.

2.The notice of application filed on 8th November 2023 is deemed to be the notice of appeal.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions within 7 days of the date of this order and provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his conviction and sentence.