Court of Appeal Sitting – 12th June 2023

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING VIDEOCONFERENCE SAINT LUCIA MONDAY, 12th JUNE 2023 Case Name: Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Gerard Williams Respondent: Mrs. Wauneen Louis-Harris Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon the agreement of the parties, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023 to allow for the parties to have further settlement discussions. Reason: The Court noted that counsel for the respondent prepared and submitted a proposal to the appellant in this matter on 9th June 2023. Counsel for the appellant had not had the opportunity to review and respond to the proposal and requested an adjournment to do so. The Court accordingly granted the adjournment. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation formerly St. Lucia Housing Authority [SLUHCVAP2019/0018] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Natalie Da Breo Respondent: Mrs. Esther Greene-Ernest 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 for the State of Saint Lucia scheduled for 30th October 2023 to allow counsel for the appellant to serve the application to be removed as counsel on record for the appellant on the appellant. Reason: Counsel for the appellant indicated that she filed an application to be removed from the record, however, the Court noted that the application had not been served on the appellant. The Court therefore granted counsel for the appellant an adjournment to make another attempt to serve the appellant. Case Name: Luvina Joseph v

[1]William Gomez

[2]Albert Gomez [SLUHCVAP2018/0030] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jeannot – Michel Walters Respondent: No appearance Issues: Status of the Matter Type of Order Directions Result/Order [Oral Delivery] IT IS HEREBY DIRECTED THAT: Counsel for the appellant shall provide an affidavit of service on the respondents. Reason: A notice of discontinuance was filed on 12th June 2023. Directions were given to provide service on the respondents. Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Cynthia Hinkson-Ouhla 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 Saint Lucia scheduled for 30th October 2023, unless a Notice of Discontinuance is sooner filed. 2. The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: Counsel for the appellant sought an adjournment to allow her to have discussions with the respondent in the hope of having a consent order prepared and filed for the discontinuance of the appeal. The Court accordingly granted the adjournment. Case Name: Christopher John Bristol v Wendy Andrea Erica Bristol [SLUHCVAP2017/0048] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Shari-Ann Walker Respondent: Ms. Andra Gokool-Foster Issues: Status of the Matter Type of Order: Directions Order / Result: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. This claim filed with the Registry of the Supreme Court of Saint Lucia bearing appeal number SLUHCVAP2017/0048 be migrated to and filed on the E-Litigation Portal and issued a new claim number SLUHCVAP2021/0007. 2. All subsequent pleadings and other documents in this cause be filed at the Office of the Registrar of the Supreme Court via the E-Portal.

3.The parties are to agree all previously filed (paper) pleadings and documents and upload the same as an “additional volume” on the E- Portal within 21 days.

4.Whether the parties do not agree all previously filed (paper) pleadings and documents to be uploaded on the E-Portal, then each party must proceed to file their previously filed (paper) pleadings and documents and upload the same as an “additional volume” on the E-Portal within 28 days.

5.The Registry of the Supreme Court office shall verify and reconcile the abovementioned “additional volume” with the Court’s record.

6.There shall be no order as to costs on the application to migrate.

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

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

9.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22nd August 2023.

10.The hearing of the appeal is fixed for the next Court of Appeal sitting for the State of Saint Lucia scheduled for the week commencing 6th November 2023. Reason: The Court noted that the respondent had no objection to the application to migrate the matter to E-Portal and granted the order to migrate. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation [SLUHCVAP2019/0004] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Natalie Da Breo Respondent: Ms. Esther Greene-Ernest Issues: Status of the Matter Type of Order: Adjournment Order / Result: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing for the State of Saint Lucia scheduled for 30th October 2023 to allow counsel for the appellant to serve the application to be removed as counsel on record for the appellant on the appellant and for the respondent to continue efforts for service on the appellant. Reason: Counsel for the appellant requested an adjournment to make another attempt to serve the application on the appellant. Counsel for the respondent did not object to the adjournment and indicated her intent to continue to explore service on the appellant. The adjournment was accordingly granted. Case Name: Organisation of Eastern Caribbean States v Barbara Vargas [SLUHCVAP2020/0027] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie-Ange Symmonds Respondent: In person Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The respondent shall inform the appellant of the documents that she wishes to have included in the record of appeal on or before 4th July 2023. 2. The appellant shall file an agreed record of appeal on or before 31st July 2023. 3. The appellant shall file and serve written submissions with authorities in reply on or before 31st August 2023. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting for the State of Saint Lucia scheduled for the week commencing 6th November 2023. Reason: The Court noted that the affidavit of Elma Jean Isaac with exhibits filed on 30th January 2018 which was withdrawn by order of the court below still appeared in the appellant’s bundle. The Court was therefore of the mind that the parties should settle the documents to be included in the appeal bundle. Case Name: Romauld Harte v Perry Longville [SLUMCVAP2018/0001] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Natalie Da Breo Respondent: Mr. Al C. Elliot Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of Evidence and reasons for decision to be prepared and served on the parties by no later than 15th September 2023 failing which the Senior Magistrate shall provide affidavit evidence of the reason for non- compliance. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023. Reason: The Court noted that the parties were still not in possession of the record of appeal, including the notes of evidence and reasons for decision from the Magistrate’s Court. The Court further noted that the parties intended to hold discussions in an attempt to resolve the matter before the next status hearing. The matter was adjourned to facilitate those discussions. Case Name: Hollinda Allen Arthur v Raymond Volney [SLUMCVAP2018/0001] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, 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 parties have not been served with notice of today’s hearing and the Record of Appeal, the matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023 to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the parties had not been served with notice of today’s hearing and made an adjournment to allow for the appellant to be present to indicate his interests in the appeal. Case Name: Rock Jean v Saint Lucia Civil Service Credit Union Limited [SLUMCVAP2019/0002] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Marie-Ange Symmonds Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of Evidence and reasons for decision to be prepared and served on the parties by no later than 15th September 2023 failing which the Senior Magistrate shall provide affidavit evidence of the reason for non- compliance. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023. 3. The Registrar of the High Court shall serve a copy of this order on the appellant personally and shall provide proof of service thereafter. Reason: The Court noted that the parties were still not in possession of the record of appeal, including the notes of evidence and reasons for decision from the Magistrate’s Court and accordingly gave directions for them to be served on the parties. Case Name Flavia Cherry v Ezekiel Mason [SLUMCVAP2021/0004] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Dexter Theodore, KC Respondent: In person 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 Saint Lucia scheduled for 30th October 2023 to allow the respondent to get new legal representation for the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The Court noted that the respondent was unsuccessful in his application to obtain legal representation and adjourned the matter to allow him to get new legal representation. Case Name: Kendall Caul v The King [SLUHCRAP2017/0007] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Curtis Raphael 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 Saint Lucia 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: Counsel Jeannot-Michel Walters indicted to the Court that he was willing to assist the appellant in drafting his application for a state attorney to be appointed to assist him with his appeal. The Crown took no objection in an adjournment to allow Mr. Walters to assist in this regard. Case Name: Samuel Clairmont v The King [SLUHCRAP2020/0005] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Floreta Nicholas Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30th October 2023 to allow the appellant to take the necessary steps to procure the transcript of proceedings. Reason: The Court noted that full payment for the transcript had not yet been made. The Court therefore granted an adjournment for the payment of the transcript fees. Case Name: Kervin Deveaux v The King [SLUHCRAP2021/0002] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Moyston Respondent: Mr. Curtis Raphael 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 Saint Lucia scheduled for 30th October 2023 to allow the appellant to make an application to the court, supported by evidence, to waive payment of fees for the transcript of proceedings and to assign legal counsel to the appellant. 2. This is the final adjournment for this purpose. Reason: The Court noted that the transcript of proceedings is ready for collection but that the necessary payment had not been made. Counsel for the appellant indicated an intention to make an application for the associated fees to be waived by the 30th of June. The Court further noted the matter has been adjourned 3 times for this purpose and granted a final adjournment to facilitate that application for fees to be waived. Case Name: Simon Marius v The King [SLUHCRAP2017/0002] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Francis Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The respondent shall file and serve written submissions with authorities on or before 31st August 2023. 2. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22nd September 2023. 3. The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6th November 2023. Reason: The Court noted that directions were necessary to progress the appeal. Case Name: Sherrington Burnie Preville v The King [SLUHCRAP2019/0001] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Francis Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30th October 2023 to allow counsel for the appellant to hold discussions with the appellant regarding the progress of the appeal. Reason: Counsel for the appellant indicated that it was necessary to have a conversation with the appellant before deciding the position going forward with the appeal. The adjournment was granted to facilitate these discussions. Case Name: Gilroy Auguste v The King [SLUHCRAP2020/0004] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Huggins Nicholas Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the applications filed on 16th May 2023 and a similar application on 12th June 2023 for (i) extension of time to appeal; (ii) leave to appeal against conviction (iii) Notice of application for leave to appeal be deemed the Notice of appeal, the matter is removed from the Status Hearing list pending the determination of application. Reason: The Court noted the matter should be removed from the Status Hearing list pending the determination of the applications filed on 16th May 2023 and 12th June 2023. Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Curtis Raphael 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 severed to be present at today’s hearing but is not present, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 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 noted that the appellant was served on 30th May 2023 but was not present at the Status Hearing. The Court further noted that the appellant suffered from mental challenges and could sometimes be located at the mental facility but other times he cannot be located, explaining his absence on occasion. The Court therefore granted an adjournment in an effort to locate the appellant and to determine whether he is interested in the appeal of his matter. Case Name: Lon Octave V WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent Mr. Curtis Raphael Issues: Status of the Matter Type of Order: N/A Result / Order: The matter was stood down to ask for counsel for the appellant, Mr. Carlton Amsterdam to appear. Reason: N/A Case Name: Clouds Poyotte v PC 711 Byron [SLUMCRAP2019/0004] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: This appeal is closed Reason: made when filing. SLUMCRAP2019/0005 is the active appeal. Case Name: Clouds Poyotte v PC 711 Byron [SLUMCRAP2019/0005] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Alberton Richelieu Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal reflecting the sentencing of the appellant to be prepared and served on the parties by no later than 15th September 2023, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023. Reason: Counsel for the appellant indicated that the sentencing aspect of the Record of Appeal was missing. The parties should be ready to proceed upon receipt of that part of the record. The Court therefore directed that the completed Record of Appeal including the sentencing be served on the parties. Case Name: Delmarnet St. Clair v Ashley Peter PC 211 [SLUMCRAP2019/0001] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Maureen John-Xavier holding papers for Mr. Bertrand Xavier Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] 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 shall file and serve written submissions with authorities on or before 31st August 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22nd September 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the State of Saint Lucia during the week commencing 6th November 2023. Reason: Counsel for the appellant indicated that the appellant is interested in prosecuting the appeal and requested directions for the filing of submissions. Case Name: Kurt Cadette v Irving Charlery CPL 690 [SLUMCRAP2019/0002] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Maureen John-Xavier holding papers for Mr. Bertrand Xavier Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] 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 shall file and serve written submissions with authorities on or before 31st August 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22nd September 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the State of Saint Lucia during the week commencing 6th November 2023. Reason: Counsel for the appellant indicated that the appellant is interested in prosecuting the appeal and requested directions for the filing of submissions. Case Name: Ernest George v PC 600 St. Aimee [SLUMCRAP2014/0012] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decisions to be prepared and served on the parties by no later than 15th September 2023, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next Status Hearing of the Court in Saint Lucia scheduled for 30th October 2023. 3. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service thereafter. Reason: The Court noted that the appellant had not been served to be present. Accordingly, the matter was adjourned to allow the appellant to be served for the next status hearing. Case Name: Byron Nicholas v PC 600 St. Aimee [SLUMCRAP2014/0014] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 15th September 2023, failing which an affidavit giving reasons for the non-compliance shall be filed. 2. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023. 3. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service after. Reason: The matter was adjourned to allow the appellant to be served to appear at the next Status Hearing to indicate whether he is still interested in prosecuting the appeal. The Court also noted that the parties were not in possession of the record of appeal and gave directions for the same to be served on the parties. Case Name: Wilfred Karl Daniel v The King [SLUMCRAP2018/0007] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Maureen John-Xavier holding papers for Mr. Ferguson John Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for the 30th October 2023 to allow the appellant to take the necessary steps to seek new legal representation. Reason: Counsel for the appellant indicated that Counsel with conduct of the matter is not well and would not be able to pursue the matter. The appellant was accordingly advised to seek alternative legal counsel. An adjournment was granted to allow the appellant to seek new legal representation. Case Name: Lon Octave v WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] Date: Monday, 12th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlton Amsterdam Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30th October 2023 to allow counsel for the appellant to take the necessary steps to be removed as counsel on record and to allow the appellant to seek new legal counsel. Reason: Counsel for appellant indicated that he has filed an application to be removed as counsel and is waiting for it to be listed. The Court accordingly adjourned the matter to allow counsel to be properly removed as counsel and for the appellant to seek new representation.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING VIDEOCONFERENCE SAINT LUCIA MONDAY, 12 th June 2023 Case Name: Lazarus Paul v

[1]Rachel Willie-Trotman

[2]Douglas Trotman

3.The parties are to agree all previously filed (paper) pleadings and documents and upload the same as an “additional volume” on the E-Portal within 21 days.

4.Whether the parties do not agree all previously filed (paper) pleadings and documents to be uploaded on the E-Portal, then each party must proceed to file their previously filed (paper) pleadings and documents and upload the same as an “additional volume” on the E-Portal within 28 days.

5.The Registry of the Supreme Court office shall verify and reconcile the abovementioned “additional volume” with the Court’s record.

6.There shall be no order as to costs on the application to migrate.

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

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

9.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22 nd August 2023.

10.The hearing of the appeal is fixed for the next Court of Appeal sitting for the State of Saint Lucia scheduled for the week commencing 6 th November 2023. Reason: The Court noted that the respondent had no objection to the application to migrate the matter to E-Portal and granted the order to migrate. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation [SLUHCVAP2019/0004] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Natalie Da Breo Respondent: Ms. Esther Greene-Ernest Issues: Status of the Matter Type of Order: Adjournment Order / Result: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing for the State of Saint Lucia scheduled for 30 th October 2023 to allow counsel for the appellant to serve the application to be removed as counsel on record for the appellant on the appellant and for the respondent to continue efforts for service on the appellant. Reason: Counsel for the appellant requested an adjournment to make another attempt to serve the application on the appellant. Counsel for the respondent did not object to the adjournment and indicated her intent to continue to explore service on the appellant. The adjournment was accordingly granted. Case Name: Organisation of Eastern Caribbean States v Barbara Vargas [SLUHCVAP2020/0027] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Marie-Ange Symmonds Respondent: In person Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The respondent shall inform the appellant of the documents that she wishes to have included in the record of appeal on or before 4 th July 2023. The appellant shall file an agreed record of appeal on or before 31 st July 2023. The appellant shall file and serve written submissions with authorities in reply on or before 31 st August 2023. The hearing of the appeal is fixed for the next Court of Appeal sitting for the State of Saint Lucia scheduled for the week commencing 6 th November 2023. Reason: The Court noted that the affidavit of Elma Jean Isaac with exhibits filed on 30 th January 2018 which was withdrawn by order of the court below still appeared in the appellant’s bundle. The Court was therefore of the mind that the parties should settle the documents to be included in the appeal bundle. Case Name: Romauld Harte v Perry Longville [SLUMCVAP2018/0001] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Natalie Da Breo Respondent: Mr. Al C. Elliot Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal including the Notes of Evidence and reasons for decision to be prepared and served on the parties by no later than 15th September 2023 failing which the Senior Magistrate shall provide affidavit evidence of the reason for non-compliance. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023. Reason: The Court noted that the parties were still not in possession of the record of appeal, including the notes of evidence and reasons for decision from the Magistrate’s Court. The Court further noted that the parties intended to hold discussions in an attempt to resolve the matter before the next status hearing. The matter was adjourned to facilitate those discussions. Case Name: Hollinda Allen Arthur v Raymond Volney [SLUMCVAP2018/0001] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, 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:

[3]Teferi Trotman minor acting and represented by his mother Rachel Willie-Trotman [SLUHCVAP2017/0049] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Gerard Williams Respondent: Mrs. Wauneen Louis-Harris Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon the agreement of the parties, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow for the parties to have further settlement discussions. Reason: The Court noted that counsel for the respondent prepared and submitted a proposal to the appellant in this matter on 9 th June 2023. Counsel for the appellant had not had the opportunity to review and respond to the proposal and requested an adjournment to do so. The Court accordingly granted the adjournment. Case Name: Mattaniah Charlemagne v Saint Lucia National Housing Corporation formerly St. Lucia Housing Authority [SLUHCVAP2019/0018] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Natalie Da Breo Respondent: Mrs. Esther Greene-Ernest 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 for the State of Saint Lucia scheduled for 30 th October 2023 to allow counsel for the appellant to serve the application to be removed as counsel on record for the appellant on the appellant. Reason: Counsel for the appellant indicated that she filed an application to be removed from the record, however, the Court noted that the application had not been served on the appellant. The Court therefore granted counsel for the appellant an adjournment to make another attempt to serve the appellant. Case Name: Luvina Joseph v

[1]William Gomez

[2]Albert Gomez [SLUHCVAP2018/0030] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jeannot – Michel Walters Respondent: No appearance Issues: Status of the Matter Type of Order Directions Result/Order [Oral Delivery] IT IS HEREBY DIRECTED THAT: Counsel for the appellant shall provide an affidavit of service on the respondents. Reason: A notice of discontinuance was filed on 12 th June 2023. Directions were given to provide service on the respondents. Case Name: Ruth Narcisse v Rasheiki Adolph [SLUHCVAP2017/0004] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Cynthia Hinkson-Ouhla 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 Saint Lucia scheduled for 30 th October 2023, unless a Notice of Discontinuance is sooner filed.

2.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: Counsel for the appellant sought an adjournment to allow her to have discussions with the respondent in the hope of having a consent order prepared and filed for the discontinuance of the appeal. The Court accordingly granted the adjournment. Case Name: Christopher John Bristol v Wendy Andrea Erica Bristol [SLUHCVAP2017/0048] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Shari-Ann Walker Respondent: Ms. Andra Gokool-Foster Issues: Status of the Matter Type of Order: Directions Order / Result: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.This claim filed with the Registry of the Supreme Court of Saint Lucia bearing appeal number SLUHCVAP2017/0048 be migrated to and filed on the E-Litigation Portal and issued a new claim number SLUHCVAP2021/0007.

2.All subsequent pleadings and other documents in this cause be filed at the Office of the Registrar of the Supreme Court via the E-Portal.

1.Upon noting that the parties have not been served with notice of today’s hearing and the Record of Appeal, the matter is adjourned to the next status hearing of the Court of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow the appellant to be present to indicate whether he is still interested in prosecuting the appeal.

2.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The Court noted that the parties had not been served with notice of today’s hearing and made an adjournment to allow for the appellant to be present to indicate his interests in the appeal. Case Name: Rock Jean v Saint Lucia Civil Service Credit Union Limited [SLUMCVAP2019/0002] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Marie-Ange Symmonds Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of Evidence and reasons for decision to be prepared and served on the parties by no later than 15th September 2023 failing which the Senior Magistrate shall provide affidavit evidence of the reason for non-compliance. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30th October 2023. The Registrar of the High Court shall serve a copy of this order on the appellant personally and shall provide proof of service thereafter. Reason: The Court noted that the parties were still not in possession of the record of appeal, including the notes of evidence and reasons for decision from the Magistrate’s Court and accordingly gave directions for them to be served on the parties. Case Name Flavia Cherry v Ezekiel Mason [SLUMCVAP2021/0004] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Dexter Theodore, KC Respondent: In person 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 Saint Lucia scheduled for 30 th October 2023 to allow the respondent to get new legal representation for the appeal.

2.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The Court noted that the respondent was unsuccessful in his application to obtain legal representation and adjourned the matter to allow him to get new legal representation. Case Name: Kendall Caul v The King [SLUHCRAP2017/0007] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow the appellant to make an application for a state attorney to be appointed to assist him with his appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: Counsel Jeannot-Michel Walters indicted to the Court that he was willing to assist the appellant in drafting his application for a state attorney to be appointed to assist him with his appeal. The Crown took no objection in an adjournment to allow Mr. Walters to assist in this regard. Case Name: Samuel Clairmont v The King [SLUHCRAP2020/0005] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Floreta Nicholas Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow the appellant to take the necessary steps to procure the transcript of proceedings. Reason: The Court noted that full payment for the transcript had not yet been made. The Court therefore granted an adjournment for the payment of the transcript fees. Case Name: Kervin Deveaux v The King [SLUHCRAP2021/0002] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Moyston Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow the appellant to make an application to the court, supported by evidence, to waive payment of fees for the transcript of proceedings and to assign legal counsel to the appellant. This is the final adjournment for this purpose. Reason: The Court noted that the transcript of proceedings is ready for collection but that the necessary payment had not been made. Counsel for the appellant indicated an intention to make an application for the associated fees to be waived by the 30 th of June. The Court further noted the matter has been adjourned 3 times for this purpose and granted a final adjournment to facilitate that application for fees to be waived. Case Name: Simon Marius v The King [SLUHCRAP2017/0002] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Francis Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The respondent shall file and serve written submissions with authorities on or before 31 st August 2023. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22 nd September 2023. The hearing of the appeal is fixed for the next sitting of the Court of Appeal for Saint Lucia scheduled for the week commencing 6 th November 2023. Reason: The Court noted that directions were necessary to progress the appeal. Case Name: Sherrington Burnie Preville v The King [SLUHCRAP2019/0001] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Francis Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow counsel for the appellant to hold discussions with the appellant regarding the progress of the appeal. Reason: Counsel for the appellant indicated that it was necessary to have a conversation with the appellant before deciding the position going forward with the appeal. The adjournment was granted to facilitate these discussions. Case Name: Gilroy Auguste v The King [SLUHCRAP2020/0004] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Huggins Nicholas Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: N/A Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting the applications filed on 16 th May 2023 and a similar application on 12 th June 2023 for (i) extension of time to appeal; (ii) leave to appeal against conviction (iii) Notice of application for leave to appeal be deemed the Notice of appeal, the matter is removed from the Status Hearing list pending the determination of application. Reason: The Court noted the matter should be removed from the Status Hearing list pending the determination of the applications filed on 16 th May 2023 and 12 th June 2023. Case Name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: Upon noting that the appellant was severed to be present at today’s hearing but is not present, the matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th October 2023 for the appellant to be present to indicate whether he is still interested in prosecuting his appeal. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant was served on 30 th May 2023 but was not present at the Status Hearing. The Court further noted that the appellant suffered from mental challenges and could sometimes be located at the mental facility but other times he cannot be located, explaining his absence on occasion. The Court therefore granted an adjournment in an effort to locate the appellant and to determine whether he is interested in the appeal of his matter. Case Name: Lon Octave V WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent Mr. Curtis Raphael Issues: Status of the Matter Type of Order: N/A Result / Order: The matter was stood down to ask for counsel for the appellant, Mr. Carlton Amsterdam to appear. Reason: N/A Case Name: Clouds Poyotte v PC 711 Byron [SLUMCRAP2019/0004] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order: N/A Result / Order: This appeal is closed Reason: Under the “Case Histories” tab the case was withdrawn on 14 th November 2019 as an error was made when filing. SLUMCRAP2019/0005 is the active appeal. Case Name: Clouds Poyotte v PC 711 Byron [SLUMCRAP2019/0005] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Alberton Richelieu Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal reflecting the sentencing of the appellant to be prepared and served on the parties by no later than 15 th September 2023, failing which an affidavit giving reasons for the non-compliance shall be filed. The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th October 2023. Reason: Counsel for the appellant indicated that the sentencing aspect of the Record of Appeal was missing. The parties should be ready to proceed upon receipt of that part of the record. The Court therefore directed that the completed Record of Appeal including the sentencing be served on the parties. Case Name: Delmarnet St. Clair v Ashley Peter PC 211 [SLUMCRAP2019/0001] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Maureen John-Xavier holding papers for Mr. Bertrand Xavier Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 31 st July 2023. The respondent shall file and serve written submissions with authorities on or before 31 st August 2023. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22 nd September 2023. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the State of Saint Lucia during the week commencing 6 th November 2023. Reason: Counsel for the appellant indicated that the appellant is interested in prosecuting the appeal and requested directions for the filing of submissions. Case Name: Kurt Cadette v Irving Charlery CPL 690 [SLUMCRAP2019/0002] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Maureen John-Xavier holding papers for Mr. Bertrand Xavier Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 31 st July 2023. The respondent shall file and serve written submissions with authorities on or before 31 st August 2023. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22 nd September 2023. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the State of Saint Lucia during the week commencing 6 th November 2023. Reason: Counsel for the appellant indicated that the appellant is interested in prosecuting the appeal and requested directions for the filing of submissions. Case Name: Ernest George v PC 600 St. Aimee [SLUMCRAP2014/0012] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decisions to be prepared and served on the parties by no later than 15th September 2023, failing which an affidavit giving reasons for the non-compliance shall be filed. The matter is adjourned to the next Status Hearing of the Court in Saint Lucia scheduled for 30 th October 2023. The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service thereafter. Reason: The Court noted that the appellant had not been served to be present. Accordingly, the matter was adjourned to allow the appellant to be served for the next status hearing. Case Name: Byron Nicholas v PC 600 St. Aimee [SLUMCRAP2014/0014] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Curtis Raphael Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties by no later than 15 th September 2023, failing which an affidavit giving reasons for the non-compliance shall be filed.

2.The matter is adjourned to the next Status Hearing of the Court of Appeal for Saint Lucia scheduled for 30 th October 2023.

3.The Registrar of the High Court is directed to serve a copy of this order on the appellant and to provide proof of service after. Reason: The matter was adjourned to allow the appellant to be served to appear at the next Status Hearing to indicate whether he is still interested in prosecuting the appeal. The Court also noted that the parties were not in possession of the record of appeal and gave directions for the same to be served on the parties. Case Name: Wilfred Karl Daniel v The King [SLUMCRAP2018/0007] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Maureen John-Xavier holding papers for Mr. Ferguson John Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for the 30 th October 2023 to allow the appellant to take the necessary steps to seek new legal representation. Reason: Counsel for the appellant indicated that Counsel with conduct of the matter is not well and would not be able to pursue the matter. The appellant was accordingly advised to seek alternative legal counsel. An adjournment was granted to allow the appellant to seek new legal representation. Case Name: Lon Octave v WPC 816 Mangal [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] Date: Monday, 12 th June 2023 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlton Amsterdam Respondent: Mr. Curtis Raphael 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 of Appeal for Saint Lucia scheduled for 30 th October 2023 to allow counsel for the appellant to take the necessary steps to be removed as counsel on record and to allow the appellant to seek new legal counsel. Reason: Counsel for appellant indicated that he has filed an application to be removed as counsel and is waiting for it to be listed. The Court accordingly adjourned the matter to allow counsel to be properly removed as counsel and for the appellant to seek new representation.