Status Hearing – Tuesday 2nd May 2023

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE THE COMMONWEALTH OF DOMINICA Tuesday 2nd May 2023 Case Name: Liana Leanne Prince Charles v Derrickson Charles Directions [DOMHCVAP2013/0023] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Gina Dyer-Munro Respondent: Ms. Hazel Johnson Issues: Status of the Matter Type of Order Result/Order: IT IS HEREBY ORDERED THAT: 1. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 31st May 2023. 2. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reasons: The parties intimated to the Court that attempts by the parties to settle were unsuccessful and that the parties wished to proceed with the hearing of the appeal. The Court as such made the above order. Case Name: Paul Joseph v Bank of Nova Scotia Adjournment [DOMHCVAP2014/0017] (The Commonwealth of the Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Bruney Respondent: Mr. Kondwani Williams Issues: Status of the Matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27th November 2023 to allow counsel for the respondent to liaise with his client in relation to his representation. Reason: Both counsel for the appellant and the respondent intimated to the Court that Mr. Williams should be allowed some time to liaise with the bank to arrange new counsel, instead of giving directions in relation to the notes of evidence which would bind future counsel. As a result, both parties agreed that the Court should adjourn the matter to facilitate this. Case Name: Pamela Green-Lander v

[1]Andrew Green Adjournment

[2]Arnold Green [DOMHCVAP2014/0023] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Gildon Richards Respondent: Ms. Hazel Johnson holding papers for Ms. Joelle Harris Issues: Status of the Matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Reason: The Court was of the view that it should grant the adjournment to allow counsel for the appellant to take the necessary steps in relation to the appellant’s participation in this appeal. Case Name: [1] Public Works Corporations [2] Elton Darwton Directions v Matthew Nelson [DOMHCVAP2020/0001] (The Commonwealth of the Dominica) Date: Tuesday, 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Ms. Lisa de Freitas Respondent: Ms. Kayla Jean Jacques holding papers for Mrs Cara Shillingford-Marsh Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent shall inform the appellant of the documents that they wish to have included in the record or the core bundle in accordance with rule 62.12(2) of the Civil Procedure Rules, on or before 24th May 2023. 2. The appellants shall file the Record of Appeal and the written submissions with authorities on or before 7th July 2023. 3. The respondent shall file and serve written submissions with authorities on or before 7th August 2023. 4. The appellants are at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 8th September 2023. 5. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court gave the above directions to progress the matter to a state of readiness for appeal. Case Name: Harold Tyson Directions v The State [DOMHCRAP2017/0001] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Self-represented Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to cause the transcript of the proceedings to be prepared and served on the parties. 2. The matter is removed from the status hearing list pending the availability of the transcript. 3. The matter will be relisted at the next status hearing of the court upon availability of the transcript or on a date to be fixed by the Chief Registrar. 4. 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 was informed that the court transcriptionist required external assistance to transcribe the proceedings and was unable to provide an estimated time of completion. As such, the Court made the above order. Case Name: Omari Jules Directions v The Police [DOMMCRAP2020/0006] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant has served his sentence but was not served to be present at today’s hearing, the matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27th November 2023 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 Registrar of the High Court indicated to the Court that the appellant had not been located for service of notice of the Status Hearing. Case Name: Anthony Gifford Reid Adjournment v The Police [DOMMCRAP2017/0004] (The Commonwealth of the Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27th November 2023 for report from the appellant as to whether the Record of appeal is in order for this matter. 2. This is the final adjournment for this this purpose. 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: Counsel for the respondent indicated to the Court that counsel for the appellant was yet to indicate whether the record of appeal was in good order for the upcoming appeal. Case Name: Glendel Casey Adjournment v The Police [DOMMCRAP2014/0012] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant has served his sentence and is not present at today’s hearing, the matter is adjourned to the next status hearing for the Commonwealth of Dominica scheduled for 27th November 2023, 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 was informed that the amended Certificate of Result had not yet been served since the appellant had not been located. Case Name: Guyver Henry Directions v The Police [DOMMCRAP2019/0002] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 16th June, 2023. 2. The respondent shall file and serve written submissions with authorities on or before 17th July 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1st August, 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. 5. 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 now contained the outstanding documents which on the last occasion the appellant indicated were missing. As such the Court gave the above directions to progress the appeal. Case Name: Guyver Henry v The Police [DOMMCRAP2019/0003] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Directions Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 16th June, 2023. 2. The respondent shall file and serve written submissions with authorities on or before 17th July 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1st August, 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. 5. 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 now contained the outstanding documents which on the last occasion the appellant indicated were missing. As such the Court gave the above directions to progress the appeal. Case Name: Guyver Henry v The Police Directions [DOMMCRAP2019/0004] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 16th June, 2023. 2. The respondent shall file and serve written submissions with authorities on or before 17th July 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1st August, 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. 5. 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 now contained the outstanding documents which on the last occasion the appellant indicated were missing. As such the Court gave the above directions to progress the appeal. Case Name: Kassim Shillingford v The Police [DOMMCRAP2020/0001] Directions (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant has served his sentence and is not present at today’s hearing although he was served with the Notice of Hearing, the matter is adjourned to the next status hearing of the court scheduled for 27th November 2023 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 respondent requested that the matter be struck off the list as the appellant was served to be present but was not. The Court informed the respondent that since the appellant was unrepresented a proper application should be made. Case Name: Philsbert Ettienne Directions v The Police [DOMMCRAP2021/0010] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 21st July 2023. 2. The respondent shall file and serve written submissions with authorities on or before 15th September 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2nd October 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: Counsel for the appellant informed the Court that he has been recently retained by the appellant and that he was unsure as to whether the record of appeal was served on the appellant. He therefore asked for some time to be in a position to retrieve the record of appeal and prepare for the next sitting. Case Name: Alexander Beaupierre v The Police [DOMMCRAP2019/0009] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Adjournment Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27th November 2023 to allow the appellant to file an application for leave to argue an additional ground of appeal. 2. This will be the final adjournment for this purpose. Reason: During the last Status Hearing, counsel for the appellant informed the Court that he intended to file an application to argue an additional ground of appeal. However, to date he had not done so and was requesting additional time to do so. The respondent did not object. Case Name: Dion Phillip Mitchel Directions v The Police [DOMMCRAP2021/0004] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 21st July 2023. 2. The respondent shall file and serve written submissions with authorities on or before 22nd September 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2nd October 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Davidson Etienne v The Police [DOMMCRAP2019/0018] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. David Bruney Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Directions Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 20th September 2023. 2. The respondent shall file and serve written submissions with authorities on or before 23rd October 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 7th November 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Donelle Travis Mitchel v The Police [DOMMCRAP2021/0005] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Directions Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 21st July 2023. 2. The respondent shall file and serve written submissions with authorities on or before 22nd September 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2nd October 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Shirmon Liam Joseph v The Police [DOMMCRAP2021/0006] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Directions Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 21st July 2023. 2. The respondent shall file and serve written submissions with authorities on or before 22nd September 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2nd October 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Francoise Williams Robin v The Police [DOMMCRAP2016/0011] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Adjournment Appellant: Mr. Kondwani Williams Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the application for an adjournment by counsel for the appellant, and there being no objection by the respondent, the matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27th November 2023 for the appellant to indicate whether he is still interested in prosecuting his appeal. Reason: Counsel for the appellant requested time to get in touch with family members of the appellant to see if he was still interested in proceeding with the appeal. The appellant lives in the USA and since he left counsel had not seen him. Counsel therefore requested an adjournment for the above purpose. There was no objection by the respondent. Case Name: Lennox Robin v The Police [DOMMCRAP2016/0010] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Adjournment Appellant: Mr. Kondwani Williams Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the application for an adjournment by counsel for the appellant, and there being no objection by the respondent, the matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27th November 2023 for the appellant to indicate whether he is still interested in prosecuting his appeal. Reason: Counsel for the appellant requested time to get in touch with family members of the appellant to see if he was still interested in proceeding with the appeal. The appellant lives in the USA and since he left counsel had not seen him. Counsel therefore requested an adjournment for the above purpose. There was no objection by the respondent. Case Name: Darrel Samuel v The Police [DOMMCRAP2022/0008] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Directions Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 30th June 2023. 2. The respondent shall file and serve written submissions with authorities on or before 31st July 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 8th September 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Murphy George v Winston Warrington [DOMMCVAP2019/0005] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. Upon noting that the appellant was not served to be present at today’s hearing, the matter is adjourned to the next status hearing for the Commonwealth of Dominica scheduled for 27th November, 2023. 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 was informed that the appellant had not been located for service and as such made the above order. Case Name: Isaline Carbon v Lestrade Lamothe [DOMMCVAP2020/0003] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Peter Alleyne Respondent: No appearance Directions Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 31st July 2023. 2. The respondent is at liberty to file and serve written submissions with authorities on or before 8th September 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 25th September 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Sandra Ishmael v Michael Victor [DOMMCVAP2018/0005] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds Appearances: Adjournment Appellant: Mrs. Zena Moore-Dyer holding for Mrs. Gina Dyer- Munro for the Appellant Respondent: No appearance Issues: Status of the Matter Type of Order 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 Commonwealth of Dominica scheduled for 27th November 2023, for report form the parties as to the progress of the appeal. 2. The Registrar of the High Court shall cause a copy of this order to be served on the respondent and shall provide proof of service thereafter. Reason: The Court was informed that there were missing notes of evidence and that the parties had not yet met to agree the notes of evidence. As such, the Court adjourned the matter so that the parties could attend to progressing that aspect of the appeal. Case Name: Lennox Honore v [1] Hubert Alexander [2] Marcel Copiel [DOMMCVAP2019/0001] (The Commonwealth of Dominica) Date: Tuesday 2nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: N/A Appellant: No appearance Respondent: Mr. Bernard Wiltshire Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the pending applications in the matter, the application to strike out the appeal filed on 22nd November 2022, and the application to substitute a party filed on 31st March 2023, the matter is removed from the status hearing list, pending the determination of the applications. Reason: The Court, upon noting the pending applications in this matter, was of the view that it was appropriate that the matter be removed from the Status Hearing list, until the determination of the applications.

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE THE COMMONWEALTH OF DOMINICA Tuesday 2 nd May 2023 Case Name: Liana Leanne Prince Charles v Derrickson Charles [DOMHCVAP2013/0023] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Gina Dyer-Munro Respondent: Ms. Hazel Johnson Issues: Status of the Matter Type of Order Directions Result/Order: IT IS HEREBY ORDERED THAT:

[1]Andrew Green

[2]Arnold Green [DOMHCVAP2014/0023] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Gildon Richards Respondent: Ms. Hazel Johnson holding papers for Ms. Joelle Harris Issues: Status of the Matter Type of Order Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Reason: The Court was of the view that it should grant the adjournment to allow counsel for the appellant to take the necessary steps in relation to the appellant’s participation in this appeal. Case Name:

1.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 31 st May 2023.

2.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reasons: The parties intimated to the Court that attempts by the parties to settle were unsuccessful and that the parties wished to proceed with the hearing of the appeal. The Court as such made the above order. Case Name: Paul Joseph v Bank of Nova Scotia [DOMHCVAP2014/0017] (The Commonwealth of the Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Bruney Respondent: Mr. Kondwani Williams Issues: Status of the Matter Type of Order Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27 th November 2023 to allow counsel for the respondent to liaise with his client in relation to his representation. Reason: Both counsel for the appellant and the respondent intimated to the Court that Mr. Williams should be allowed some time to liaise with the bank to arrange new counsel, instead of giving directions in relation to the notes of evidence which would bind future counsel. As a result, both parties agreed that the Court should adjourn the matter to facilitate this. Case Name: Pamela Green-Lander v

[1]Public Works Corporations

[2]Elton Darwton v Matthew Nelson [DOMHCVAP2020/0001] (The Commonwealth of the Dominica) Date: Tuesday, 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Ms. Lisa de Freitas Respondent: Ms. Kayla Jean Jacques holding papers for Mrs Cara Shillingford-Marsh Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT: The respondent shall inform the appellant of the documents that they wish to have included in the record or the core bundle in accordance with rule 62.12(2) of the Civil Procedure Rules, on or before 24 th May 2023. The appellants shall file the Record of Appeal and the written submissions with authorities on or before 7 th July 2023. The respondent shall file and serve written submissions with authorities on or before 7 th August 2023. The appellants are at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 8 th September 2023. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023 . Reason: The Court gave the above directions to progress the matter to a state of readiness for appeal. Case Name: Harold Tyson v The State [DOMHCRAP2017/0001] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Self-represented Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall continue efforts to cause the transcript of the proceedings to be prepared and served on the parties. The matter is removed from the status hearing list pending the availability of the transcript. The matter will be relisted at the next status hearing of the court upon availability of the transcript or on a date to be fixed by the Chief Registrar. 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 was informed that the court transcriptionist required external assistance to transcribe the proceedings and was unable to provide an estimated time of completion. As such, the Court made the above order. Case Name: Omari Jules v The Police [DOMMCRAP2020/0006] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant has served his sentence but was not served to be present at today’s hearing, the matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27 th November 2023 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 Registrar of the High Court indicated to the Court that the appellant had not been located for service of notice of the Status Hearing. Case Name: Anthony Gifford Reid v The Police [DOMMCRAP2017/0004] (The Commonwealth of the Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.T he matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27 th November 2023 for report from the appellant as to whether the Record of appeal is in order for this matter.

2.This is the final adjournment for this this purpose.

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: Counsel for the respondent indicated to the Court that counsel for the appellant was yet to indicate whether the record of appeal was in good order for the upcoming appeal. Case Name: Glendel Casey v The Police [DOMMCRAP2014/0012] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that the appellant has served his sentence and is not present at today’s hearing, the matter is adjourned to the next status hearing for the Commonwealth of Dominica scheduled for 27 th November 2023, 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 was informed that the amended Certificate of Result had not yet been served since the appellant had not been located. Case Name: Guyver Henry v The Police [DOMMCRAP2019/0002] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 16 th June, 2023.

2.The respondent shall file and serve written submissions with authorities on or before 17 th July 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1 st August, 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023.

5.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 now contained the outstanding documents which on the last occasion the appellant indicated were missing. As such the Court gave the above directions to progress the appeal. Case Name: Guyver Henry v The Police [DOMMCRAP2019/0003] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 16 th June, 2023.

2.The respondent shall file and serve written submissions with authorities on or before 17 th July 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1 st August, 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023.

5.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 now contained the outstanding documents which on the last occasion the appellant indicated were missing. As such the Court gave the above directions to progress the appeal. Case Name: Guyver Henry v The Police [DOMMCRAP2019/0004] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 16 th June, 2023.

2.The respondent shall file and serve written submissions with authorities on or before 17 th July 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1 st August, 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023.

5.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 now contained the outstanding documents which on the last occasion the appellant indicated were missing. As such the Court gave the above directions to progress the appeal. Case Name: Kassim Shillingford v The Police [DOMMCRAP2020/0001] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant has served his sentence and is not present at today’s hearing although he was served with the Notice of Hearing, the matter is adjourned to the next status hearing of the court scheduled for 27 th November 2023 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 respondent requested that the matter be struck off the list as the appellant was served to be present but was not. The Court informed the respondent that since the appellant was unrepresented a proper application should be made. Case Name: Philsbert Ettienne v The Police [DOMMCRAP2021/0010] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 21 st July 2023.

2.The respondent shall file and serve written submissions with authorities on or before 15 th September 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2 nd October 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: Counsel for the appellant informed the Court that he has been recently retained by the appellant and that he was unsure as to whether the record of appeal was served on the appellant. He therefore asked for some time to be in a position to retrieve the record of appeal and prepare for the next sitting. Case Name: Alexander Beaupierre v The Police [DOMMCRAP2019/0009] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27 th November 2023 to allow the appellant to file an application for leave to argue an additional ground of appeal.

2.This will be the final adjournment for this purpose. Reason: During the last Status Hearing, counsel for the appellant informed the Court that he intended to file an application to argue an additional ground of appeal. However, to date he had not done so and was requesting additional time to do so. The respondent did not object. Case Name: Dion Phillip Mitchel v The Police [DOMMCRAP2021/0004] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 21 st July 2023.

2.The respondent shall file and serve written submissions with authorities on or before 22 nd September 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2 nd October 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Davidson Etienne v The Police [DOMMCRAP2019/0018] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. David Bruney Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 20 th September 2023.

2.The respondent shall file and serve written submissions with authorities on or before 23 rd October 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 7 th November 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Donelle Travis Mitchel v The Police [DOMMCRAP2021/0005] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 21 st July 2023.

2.The respondent shall file and serve written submissions with authorities on or before 22 nd September 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2 nd October 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Shirmon Liam Joseph v The Police [DOMMCRAP2021/0006] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 21 st July 2023.

2.The respondent shall file and serve written submissions with authorities on or before 22 nd September 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2 nd October 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Francoise Williams Robin v The Police [DOMMCRAP2016/0011] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Kondwani Williams Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the application for an adjournment by counsel for the appellant, and there being no objection by the respondent, the matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27 th November 2023 for the appellant to indicate whether he is still interested in prosecuting his appeal. Reason: Counsel for the appellant requested time to get in touch with family members of the appellant to see if he was still interested in proceeding with the appeal. The appellant lives in the USA and since he left counsel had not seen him. Counsel therefore requested an adjournment for the above purpose. There was no objection by the respondent. Case Name: Lennox Robin v The Police [DOMMCRAP2016/0010] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Kondwani Williams Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the application for an adjournment by counsel for the appellant, and there being no objection by the respondent, the matter is adjourned to the next status hearing of the court for the Commonwealth of Dominica scheduled for 27 th November 2023 for the appellant to indicate whether he is still interested in prosecuting his appeal . Reason: Counsel for the appellant requested time to get in touch with family members of the appellant to see if he was still interested in proceeding with the appeal. The appellant lives in the USA and since he left counsel had not seen him. Counsel therefore requested an adjournment for the above purpose. There was no objection by the respondent. Case Name: Darrel Samuel v The Police [DOMMCRAP2022/0008] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Wayne Norde Respondent: Ms. Daina Matthew and Ms. Marie-Louise Pierre-Louis Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 30 th June 2023.

2.The respondent shall file and serve written submissions with authorities on or before 31 st July 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 8 th September 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Murphy George v Winston Warrington [DOMMCVAP2019/0005] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.Upon noting that the appellant was not served to be present at today’s hearing, the matter is adjourned to the next status hearing for the Commonwealth of Dominica scheduled for 27 th November, 2023.

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 was informed that the appellant had not been located for service and as such made the above order. Case Name: Isaline Carbon v Lestrade Lamothe [DOMMCVAP2020/0003] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Peter Alleyne Respondent: No appearance Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 31 st July 2023.

2.The respondent is at liberty to file and serve written submissions with authorities on or before 8 th September 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 25 th September 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023. Reason: The Court was of the view that the matter was in good order and that directions should be given to progress the appeal. Case Name: Sandra Ishmael v Michael Victor [DOMMCVAP2018/0005] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds Appearances: Appellant: Mrs. Zena Moore-Dyer holding for Mrs. Gina Dyer-Munro for the Appellant Respondent: No appearance Issues: Status of the Matter Type of Order Adjournment 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 Commonwealth of Dominica scheduled for 27 th November 2023, for report form the parties as to the progress of the appeal.

2.The Registrar of the High Court shall cause a copy of this order to be served on the respondent and shall provide proof of service thereafter. Reason: The Court was informed that there were missing notes of evidence and that the parties had not yet met to agree the notes of evidence. As such, the Court adjourned the matter so that the parties could attend to progressing that aspect of the appeal. Case Name: Lennox Honore v

[1]Hubert Alexander

[2]Marcel Copiel [DOMMCVAP2019/0001] (The Commonwealth of Dominica) Date: Tuesday 2 nd May 2023 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Bernard Wiltshire Issues: Status of the Matter Type of Order N/A Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the pending applications in the matter, the application to strike out the appeal filed on 22 nd November 2022, and the application to substitute a party filed on 31 st March 2023, the matter is removed from the status hearing list, pending the determination of the applications. Reason: The Court, upon noting the pending applications in this matter, was of the view that it was appropriate that the matter be removed from the Status Hearing list, until the determination of the applications.