Chamber Hearing – 22nd October 2024

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 22nd October 2024 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Esco Henry, Justice of Appeal Case Name: Wilber Oliveros v The State [DOMMCRAP2024/0005] (Dominica) Date: Tuesday, 22nd October 2024 On paper: Applicant: Respondent: Mr. Wayne Norde The Director of Public Prosecutions Issue: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to appeal filed on 25th June 2024 is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Jose-Del Carmen Serrada Cassero v The State [DOMMCRAP2024/0004] IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to appeal filed on 25th June 2024 is granted. 2. The applicant shall file and serve his notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of (Dominica) Date: Tuesday, 22nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondent: The Director of Public Prosecutions Issues: Application for extension of time to file of appeal Result / Order: this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Yofran Alexander Martinez Martinez v The State [DOMMCRAP2024/0006] (Dominica) Date: Tuesday, 22nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondents: The Director of Public Prosecutions Issues: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to appeal filed on 25th June 2024 is granted. 2. The applicant shall file and serve his notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Mervin Marcellin v The Police [DOMMCRAP2023/0002] (Dominica) Date: Tuesday, 22nd October 2024 Appearances: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED: 1. The hearing of the application for leave to appeal against conviction and sentence filed on 17th May 2023 is adjourned to the next chamber hearing on 19th November 2024, to facilitate proof of service on the respondent of the application for leave to appeal. 2. The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent within 7 days of the date of this order and shall provide proof of service thereof. Reason: There was no proof of service of the application for leave to appeal on the respondent. Emerson Ricardo Machado Campos v The State [DOMMCRAP2024/0003] (Dominica) Case Name: Date: Tuesday, 22nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondent: The Director of Public Prosecutions Issues: Extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to appeal filed on 25th June 2024 is granted. 2. The applicant shall file and serve his notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Luis Alfredo Machado Campos v The State [DOMMCRAP2024/0007] (Dominica) Date: Tuesday, 22nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondent: The Director of Public Prosecutions Issues: Extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to appeal filed on 25th June 2024 is granted. 2. The applicant shall file and serve his notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order 1. Sun Systems Limited Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: 2. Phillip David 3. Sonia David v 1. Grenada Co-operative Bank Limited 2. Lewis & Renwick (A Firm) 3. Trevor St. Bernard (Personal Representative of the Estate of Cosmo St. Bernard, deceased) [GDAHCVAP2024/0009] (Grenada) Date: Tuesday, 22nd October 2024 Appearances: Appellants: Respondents: IT IS HEREBY ORDERED THAT: Mr. Benjamin Hood Ms. Hazel Hopkin-La Touche for the first respondent Mr. Ian Sandy for the second and third respondents Issues: Application for security for costs Result / Order: 1. The applications for security for costs filed by the respondents on 1st August 2024 and 30th August 2024 are refused. 2. The respondents shall pay costs on this application to the appellants to be assessed if not agreed within 21 days of today’s date, (i.e. on or before 12th November 2024). Reason: The Court considered the principles on which an application for security for costs should be granted as set out in rule 62. 21(3) of Civil Procedure Rules (Revised Edition) 2023 and Keary Developments Ltd v Tarmac Construction Ltd and another [1995] 3 All ER 524 and was of the view that the evidence did not satisfy the requirements that the appellants were not likely to pay the costs of the appeal if ordered to do so. Case Name: Don Ismael v The King [SLUHCRAP2021/0004] (Saint Lucia) Date: Tuesday, 22nd October 2024 Appearances: Appellant: Mr. David Francis Respondent: The Office of Director of Public Prosecutions Issues: Application for leave to appeal forma pauperis Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall within 14 days of the date of this order file a certificate of counsel stating that the intended appeal has reasonable grounds of appeal. 2. The consideration of the application for leave to appeal in forma pauperis is adjourned to the next Chamber Hearing of this Court scheduled for 19th November 2024. Reason: The Court noted that a certificate of counsel that the appellant has reasonable grounds of appeal did not accompany the application and that no grounds of appeal were listed in the appellant’s notice of appeal as required by rule 32 of the Court of Appeal Rules.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING nd October 2024 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Esco Henry, Justice of Appeal Case Name: Wilber Oliveros v The State [DOMMCRAP2024/0005] (Dominica) Date: Tuesday, 22 nd October 2024 On paper: Applicant: Respondent: Mr. Wayne Norde The Director of Public Prosecutions Issue: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to appeal filed on 25 th June 2024 is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Jose-Del Carmen Serrada Cassero v The State [DOMMCRAP2024/0004] (Dominica) Date: Tuesday, 22 nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondent: The Director of Public Prosecutions Issues: Application for extension of time to file of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to appeal filed on 25 th June 2024 is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Yofran Alexander Martinez Martinez v The State [DOMMCRAP2024/0006] (Dominica) Date: Tuesday, 22 nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondents: The Director of Public Prosecutions Issues: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to appeal filed on 25 th June 2024 is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Mervin Marcellin v The Police [DOMMCRAP2023/0002] (Dominica) Date: Tuesday, 22 nd October 2024 Appearances: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED:

1.The hearing of the application for leave to appeal against conviction and sentence filed on 17 th May 2023 is adjourned to the next chamber hearing on 19 th November 2024, to facilitate proof of service on the respondent of the application for leave to appeal.

2.The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent within 7 days of the date of this order and shall provide proof of service thereof. Reason: There was no proof of service of the application for leave to appeal on the respondent. Emerson Ricardo Machado Campos v The State [DOMMCRAP2024/0003] (Dominica) Case Name: Date: Tuesday, 22 nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondent: The Director of Public Prosecutions Issues: Extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to appeal filed on 25 th June 2024 is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name: Luis Alfredo Machado Campos v The State [DOMMCRAP2024/0007] (Dominica) Date: Tuesday, 22 nd October 2024 Appearances: Applicant: Mr. Wayne Norde Respondent: The Director of Public Prosecutions Issues: Extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to appeal filed on 25 th June 2024 is granted.

2.The applicant shall file and serve his notice of appeal within 21 days of the date of this order.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order Reason: The Court considered that in all the circumstances of the case and in the interest of justice, the applicant should be granted an extension of time to file his notice of appeal. Case Name:

1.Sun Systems Limited

2.Phillip David

3.Sonia David v

1.Grenada Co-operative Bank Limited

2.Lewis & Renwick (A Firm)

3.Trevor St. Bernard (Personal Representative of the Estate of Cosmo St. Bernard, deceased) [GDAHCVAP2024/0009] (Grenada) Date: Tuesday, 22 nd October 2024 Appearances: Appellants: Respondents: Mr. Benjamin Hood Ms. Hazel Hopkin-La Touche for the first respondent Mr. Ian Sandy for the second and third respondents Issues: Application for security for costs Result / Order: IT IS HEREBY ORDERED THAT:

1.The applications for security for costs filed by the respondents on 1st August 2024 and 30th August 2024 are refused.

2.The respondents shall pay costs on this application to the appellants to be assessed if not agreed within 21 days of today’s date, (i.e. on or before 12th November 2024). Reason: The Court considered the principles on which an application for security for costs should be granted as set out in rule 62. 21(3) of Civil Procedure Rules (Revised Edition) 2023 and Keary Developments Ltd v Tarmac Construction Ltd and another [1995] 3 All ER 524 and was of the view that the evidence did not satisfy the requirements that the appellants were not likely to pay the costs of the appeal if ordered to do so. Case Name: Don Ismael v The King [SLUHCRAP2021/0004] (Saint Lucia) Date: Tuesday, 22 nd October 2024 Appearances: Appellant: Mr. David Francis Respondent: The Office of Director of Public Prosecutions Issues: Application for leave to appeal forma pauperis Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall within 14 days of the date of this order file a certificate of counsel stating that the intended appeal has reasonable grounds of appeal.

2.The consideration of the application for leave to appeal in forma pauperis is adjourned to the next Chamber Hearing of this Court scheduled for 19 th November 2024. Reason: The Court noted that a certificate of counsel that the appellant has reasonable grounds of appeal did not accompany the application and that no grounds of appeal were listed in the appellant’s notice of appeal as required by rule 32 of the Court of Appeal Rules.