Chamber Hearing – 18th February 2025

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 18th February 2025 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Eddy Ventose, Justice of Appeal Case Name: Karl Warner v The King [ANUHCRAP2024/0011] IT IS HEREBY ORDERED THAT: Antigua and Barbuda Date: Tuesday, 18th February 2025 On paper: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal – Application for waiver of the transcript fees Result / Order: 1. The applicant shall cause copies of the application for leave to appeal and waiver of transcript fees to be served on the respondent within 14 days of the date of this order and provide proof of service thereafter. 2. The applications for leave to appeal against conviction and sentence and waiver of transcript fees are adjourned for further consideration to the next chamber sitting of the Court of Appeal scheduled for 18th March 2025. 3. The Registrar of the High Court shall cause a copy of this order to be served on the applicant and the respondent within 7 days of the date of this order. Reason: The Court noted that there was no evidence of service of the applications for leave to appeal and for a waiver of transcript fees on the respondent. Case Name: The Attorney General v Alpha David Alexander [DOMHCVAP2024/0012] IT IS HEREBY ORDERED THAT: Dominica Date: Tuesday, 18th February 2025 On paper: Applicant: Ms. Vanica Sobers- Joseph and Mr. Jason Lawrence Respondent: No appearance Issues: Application for stay pending appeal Result / Order: The notice of application filed on 20th June 2024 seeking a stay of paragraph 65 of the order as contained in the judgment of Josiah - Graham J made on 9th May 2024 pending the determination of the appeal is granted. Reason: The Court considered the principles for the grant of a stay and was of the view that in all the circumstances of the case justice required that a stay pending the determination of the appeal be granted, in particular considering that there was a great prejudice to the applicant/intended appellant if a stay was not granted while the prejudice to the respondent was minimal and the appeal will be rendered nugatory if a stay was not granted. Case Name: Athene Shillingford (as the personal representative of the estate of Idiline John) v [1] Infrastructure Services Ltd, A Firm [2] Attorney General of the Commonwealth of Dominica [DOMHCVAP2024/0027] Dominica Date: Tuesday, 18th February 2025 On paper: Applicant: Ms. Cara Shillingford Respondent: No appearance IT IS HEREBY ORDERED THAT: Issues: Application for leave to appeal Result / Order: The application for leave to appeal the judgment of Jawara-Alami J dated 4th December 2024 is set down for hearing before the Full Court at a date to be fixed by the Chief Registrar. Reason: The Court being cognizant of rule 62.2(7) of the Civil Procedure Rules (Revised Edition) 2023 directed that the matter be set down for an oral hearing before the Full Court. Case Name: [1] Eva Kachelriess-Aban [2] William Aban [3] Palm Trees IMO Ltd v [1] Hans Paulig [2] Marlen Paulig [GDAHCVAP2021/0027] Grenada Date: Tuesday, 18th February 2025 No appearance On paper: Respondents/ Appellants: Ms. Caryn Adams Applicants/ Respondents: Issues: Application for appointment of a personal IT IS HEREBY ORDERED THAT: representative Result / Order: 1. The respondent is at liberty to file submissions in response on or before 27th February 2025. 2. The application for the appointment of a personal representative is adjourned to the next chamber sitting of this Court scheduled for 18th March 2025. 3. The notice of application for an extension of time to file submissions shall be considered together with the application for the appointment of a personal representative at the next chamber sitting of this Court scheduled for 18th March 2025. Reason: The Court noted that an extension of time application had been filed which was not before the Court and was only served recently which would not have allowed the respondents/appellants sufficient time to respond. The Court therefore was of the view that the matter should be adjourned to allow for the procedural and administrative issues to be regularized. Case Name: Andre West v Commissioner of Police [MNIMCRAP2023/0002] Montserrat Date: Tuesday, 18th February 2025 IT IS HEREBY ORDERED THAT: On paper: Applicant: In person Respondent: No appearance Issues: Application for an extension of time to appeal against conviction Result / Order: 1. The application for an extension of time filed on 30th December 2024 to file the notice of appeal against conviction is granted. 2. The notice of appeal filed on 30th December 2024 is deemed properly filed. 3. The appeal shall proceed in accordance with the Magistrate’s Court Act of Montserrat, the Criminal Procedure Code of Montserrat and other relevant legislation. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. The Court was satisfied that the reasons for the delay were good, that the delay was not inordinate and that the applicant had a realistic prospect of success. Case Name: [1] Digital Security Services [2] Michael Peets v Nevis International Bank and Trust Limited (formerly Hamilton Reserve Bank Limited) [NEVHCVAP2024/0020] Saint Christopher and Nevis IT IS HEREBY ORDERED THAT: Date: Tuesday, 18th February 2025 On paper: Applicants: Ms. Maria Angela Cozier Respondent: No appearance Issues: Application for leave to appeal Result / Order: 1. The application for leave to appeal the decision of Thompson J. dated 18th November 2024 is granted. 2. The applicant shall file and serve its notice of appeal within 21days of the date of this order. 3. The appeal shall proceed in accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Upon considering rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023, the Court was of the view that the applicant had met the threshold for the grant of leave to appeal. Case Name: Abkim Bryan v Director of Public Prosecutions [SKBHCRAP2024/0001] Saint Christopher and Nevis Date: Tuesday, 18th February 2025 IT IS HEREBY ORDERED THAT: On paper: Applicant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: The application for legal aid is dismissed. Reason: The Court was not satisfied that the applicant did not have sufficient means to enable him to obtain legal aid. Case Name: Kirth Stapleton v The King [SVGHCRAP2024/0004] Saint Vincent and the Grenadines Date: Tuesday, 18th February 2025 On paper: Applicant: In person Respondent: No appearance IT IS HEREBY ORDERED THAT: Issues: Application for legal aid Result / Order:

1.The applicant shall file with the Court affidavit evidence of his financial means within 14 days of the date of this order.

2.The legal aid application is adjourned to the next Chamber Hearing of the Court scheduled for 18th March 2025 for consideration.

3.The Registrar of the High Court shall serve a copy of this order on the appellant within 7 days of the date of this order and provide this Court with proof of service thereof. Reason: The Court noted the previous order of the Court directing the applicant to provide the Court with affidavit evidence of his financial means, however the Court also noted the late service of the said order and reasoned that it was highly unlikely that the applicant would have had sufficient time to comply with the order in time for the date of the February chamber hearing.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th February 2025 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Eddy Ventose, Justice of Appeal Case Name: Karl Warner v The King [ANUHCRAP2024/0011] Antigua and Barbuda Date: Tuesday, 18 th February 2025 On paper: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal – Application for waiver of the transcript fees Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall cause copies of the application for leave to appeal and waiver of transcript fees to be served on the respondent within 14 days of the date of this order. and provide proof of service thereafter.

2.The applications for leave to appeal against conviction and sentence and waiver of transcript fees are adjourned for further consideration to the next Chamber sitting of the Court of Appeal scheduled for 18 th March 2025

3.The Registrar of the High Court shall cause a copy of this order to be served on the applicant and the respondent within 7 days of the date of this order Reason: The Court noted that there was no evidence of service of the applications for leave to appeal and for a waiver of transcript fees on the respondent. Case Name: the Attorney General v Alpha David Alexander [DOMHCVAP2024/0012] Dominica Date: Tuesday, 18 th February 2025 On paper: applicant Ms. Vanica Sobers- Joseph and Mr. Jason Lawrence Respondent: No appearance Issues: Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT: the notice of application filed on 20 th June 2024 seeking a stay of paragraph 65 of the order as contained in the judgment of Josiah – Graham J made on 9 th May 2024 pending the determination of the appeal is granted. Reason: The Court considered the principles for the grant of a stay and was of the view that in all the circumstances of the case justice required that a stay pending the determination of the appeal be granted, in particular considering that there was a great prejudice to the applicant/intended appellant if a stay was not granted while the prejudice to the respondent was minimal and the appeal will be rendered nugatory if a stay was not granted. Case Name: Athene Shillingford (as the personal representative of the estate of Idiline John) v

[1]Infrastructure Services Ltd, A Firm

[2]Attorney General of the Commonwealth of Dominica [DOMHCVAP2024/0027] Dominica Date: Tuesday, 18 th February 2025 On paper: Applicant: Ms. Cara Shillingford Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the judgment of Jawara-Alami J dated 4 th December 2024 is set down for hearing before the Full Court at a date to be fixed by the Chief Registrar. Reason: The Court being cognizant of rule 62.2(7) of the Civil Procedure Rules (Revised Edition) 2023 directed that the matter be set down for an oral hearing before the Full Court. Case Name:

[1]Eva Kachelriess-Aban

[2]William Aban

[3]Palm Trees IMO Ltd v

[1]Hans Paulig

[2]Marlen Paulig [GDAHCVAP2021/0027] Grenada Date: Tuesday, 18 th February 2025 On paper: Respondents/ Appellants: No appearance Applicants/ Respondents: Ms. Caryn Adams Issues: Application for appointment of a personal representative Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondent is at liberty to file submissions in response on or before 27 th February 2025.

2.The application for the appointment of a personal representative is adjourned to the next chamber sitting of this Court scheduled for 18 th March 2025 .

3.The notice of application for an extension of time to file submissions shall be considered together with the application for the appointment of a personal representative at the next chamber sitting of this Court scheduled for 18 th March 2025. Reason: The Court noted that an extension of time application had been filed which was not before the Court and was only served recently which would not have allowed the respondents/appellants sufficient time to respond. The Court therefore was of the view that the matter should be adjourned to allow for the procedural and administrative issues to be regularized. Case Name: Andre West v Commissioner of Police [ MNIMCRAP2023/0002 ] Montserrat Date: Tuesday, 18 th February 2025 On paper: Applicant: In person Respondent: No appearance Issues: Application for an extension of time to appeal against conviction Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time filed on 30 th December 2024 to file the notice of appeal against conviction is granted.

2.The notice of appeal filed on 30 th December 2024 is deemed properly filed.

3.The appeal shall proceed in accordance with the Magistrate’s Court Act of Montserrat, the Criminal Procedure Code of Montserrat and other relevant legislation. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. The Court was satisfied that the reasons for the delay were good, that the delay was not inordinate and that the applicant had a realistic prospect of success. Case Name:

[1]Digital Security Services

[2]Michael Peets v Nevis International Bank and Trust Limited (formerly Hamilton Reserve Bank Limited) [NEVHCVAP2024/0020] Saint Christopher and Nevis Date: Tuesday, 18 th February 2025 On paper: Applicants: Ms. Maria Angela Cozier Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the decision of Thompson J. dated 18 th November 2024 is granted. The applicant shall file and serve its notice of appeal within 21days of the date of this order. The appeal shall proceed in accordance with the Civil Procedure Rules (Revised Edition) 2023. Reason: Upon considering rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023, the Court was of the view that the applicant had met the threshold for the grant of leave to appeal. Case Name: Abkim Bryan v Director of Public Prosecutions [SKBHCRAP2024/0001] Saint Christopher and Nevis Date: Tuesday, 18 th February 2025 On paper: Applicant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: IT IS HEREBY ORDERED THAT: The application for legal aid is dismissed. Reason: The Court was not satisfied that the applicant did not have sufficient means to enable him to obtain legal aid. Case Name: Kirth Stapleton v The King [SVGHCRAP2024/0004] Saint Vincent and the Grenadines Date: Tuesday, 18 th February 2025 On paper: Applicant: In person Respondent: No appearance Issues: Application for legal aid Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file with the Court affidavit evidence of his financial means within 14 days of the date of this order.

2.The legal aid application is adjourned to the next Chamber Hearing of the Court scheduled for 18 th March 2025 for consideration.

3.The Registrar of the High Court shall serve a copy of this order on the appellant within 7 days of the date of this order and provide this Court with proof of service thereof. Reason: The Court noted the previous order of the Court directing the applicant to provide the Court with affidavit evidence of his financial means, however the Court also noted the late service of the said order and reasoned that it was highly unlikely that the applicant would have had sufficient time to comply with the order in time for the date of the February chamber hearing.