Status Hearing – 15th February 2021

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE TERRITORY OF THE VIRGIN ISLANDS 15th February 2021 Before: Mr. Carlos Michel, Chief Registrar [Ag.] Case Name: Frandi Thomas Directions v The Queen [BVIHCRAP2017/0004] Date: Monday, 15th February 2021 Appearances: Appellant: Mr. Michael Maduro Respondent: Mrs. Tiffany Scatliffe-Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file an application to amend his grounds of appeal, on or before 1st March 2021.

2.The matter is adjourned to the next sitting of the Court of Appeal for the Territory of the Virgin Islands during the week commencing 31st May 2021. Reason: The record of appeal was filed and served. Counsel for the appellant indicated an intention to amend the grounds of appeal by way of application. Case Name: Alberto Rosa de la Rosa Adjournment v The Queen [BVIHCRAP2016/0001] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Reynela Rawlins Respondent: Mrs. Tiffany Scatliffe Espirit, Director of Public Prosecutions 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 Territory of the Virgin Islands scheduled for 26th May 2021. Reason: Neither the record of appeal nor skeleton arguments had been served on the respondent. Counsel for the appellant indicated that she was not been able to contact the respondent to receive instructions. The Director of Public Prosecutions indicated an intention to apply to have the appeal struck out. Case Name: Jessroy McKelly Adjournment v The Queen [BVIHCRAP2014/0002] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Ruthilia Maximea appearing amicus curiae Respondent: Mrs. Tiffany Scatliffe Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021. Reason: Counsel, Ms. Ruthilia Maximea, indicated that the appellant is seeking to have her appointment as his counsel regularized by the Legal Aid Board. Case Name: Steven Walters v The Queen [BVIHCRAP2019/0001] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Reynela Rawlins Respondent: Mrs. Tiffany Scatliffe, Espirit, Director of Public Prosecutions Directions Issues: Status of the Matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to cause the transcript of proceedings in this matter to be prepared. 2. The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021. Reason: The record of appeal was not complete as the transcript of proceedings had not yet been prepared. Case Name: Glanville Penn Adjournment v The Attorney General [BVIHCVAP2017/0009] Date: Monday, 15th February 2021 Appearances: Appellant: Mr. Sydney Bennet, QC Respondent: Ms. Jo-Ann Williams-Roberts, Solicitor General Issues: Status of the matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to next sitting of the Court of Appeal for the Territory of the Virgin Island during the week commencing 31st May 2021. Reason: Skeleton arguments had been prepared by either side. The parties were agreed that the matter would be ready for the next Court of Appeal sitting in the Territory of the Virgin Islands. Case Name: The Attorney General of the British Virgin Islands v Partnerselskabet Parsifal Directions [BVIHCVAP2018/0001] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Maya Berry Respondent: Ms. Mishka Jacobs holding papers for Ms. Hazel-Ann Boreland Issues: Status of the matter Type of Order: Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to provide the parties with a copy of the judges notes in the absence of the transcript of proceedings. 2. The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021. Reason: Counsel for the parties indicated that the transcripts were either lost or the files corrupted. The parties request the judge’s notes from the Court Office. The notes should be available by mid-March 2021. Case Name: Claude Skelton-Cline v Cabinet of the Virgin Islands Directions [BVIHCVAP2019/0003] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Ruthilia Maximea holding papers for Ms. Tana’ania Small-Davis Respondent: Ms. Giselle Lumy Issues: Status of the matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue efforts to cause the transcript of proceedings to be prepared in this matter. 2. The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021. Reason: Counsel for the parties indicated that the transcript is still outstanding. The transcript was requested on 9th July 2019. The Court Office was unable to provide an update on when the transcripts may become available. Case Name: Herbert Potter Directions v Franka Potter [BVIHCVAP2018/0002] Date: Monday, 15th February 2021 Appearances: Appellant: Mr. Herbert Porter Respondent: No appearance 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 proceedings to be prepared in this matter. 2. The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021.

3.The Registrar shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The appellant had not received the transcript of proceedings. Case Name: Renard Benjamin Directions v Ellina Turnbull [BVIHCVAP2019/0005] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Marie-Lou Creque Respondent: Ms. Ruthilia Maximea Issues: Status of the matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall inform the parties in writing whether the transcript of the notes of evidence and of the judgment or of the proceedings or the notes of evidence is available or is not available on or before 1st March 2021. 2. The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021. Reason: The parties asked for the Court office to indicate whether there are any notes of evidence which may be used to compile the record of appeal, as it was unclear whether there was any transcript of the proceedings. Case Name: Commissioner of Police v Medical Management Company Limited [BVIMCRAP2020/0001] Directions Date: Monday, 15th February 2021 Appearances: Appellant: Mrs. Tiffany Scatliffe-Espirit, Director of Public Prosecutions holding papers for Mrs. Patrice Hickson, Senior Crown Counsel Respondent: Ms. Reynela Rawlins Issues: Status of the matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall serve the notice of appeal and the E-Litigation Portal authorisation codes in the prescribed form on the respondent on or before 25th February 2021 and shall provide proof of service thereafter. 2. The Registrar of the High Court shall cause the record of appeal to be served on the respondent on or before 25th February 2021. 3. The appellant shall file and serve written submissions with authorities on or before 31st March 2021.

4.The respondent shall file and serve written submissions with authorities on or before 3rd May 2021.

5.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 17th May 2021.

6.The hearing of the appeal is fixed for the next sitting of the Court of Appeal for the Territory of the Virgin Islands during the week commencing 31st May 2021. Reason: The record of appeal had been filed but no submissions were filed. There was a dispute between counsel on both sides as to whether the notice of appeal was served on the respondent. Case Name: Starcy Huggins v The Commissioner of Police Directions [BVIMCRAP2019/0001] Date: Monday, 15th February 2021 Appearances: Appellant: Ms. Akilah Anderson Respondent: Mrs. Tiffany Scatliffe-Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 12th March 2021. 2. The respondent shall file and serve written submissions with authorities on or before 16th April 2021. 3. The appellant is at liberty to file written submissions with authorities in reply, if necessary, on or before 4th May 2021. 4. The hearing of the appeal is fixed for the Court of Appeal sitting for the Territory of the Virgin Islands during the week commencing 31st May 2021. Reason: The record of appeal was filed and served but no submissions had been filed by either side. Case Name: Antonio Stoutt v The Commissioner of Police Adjournment [BVIMCRAP2015/0006] Date: Monday, 15th February 2021 Appearances: Appellant: Mr. Antonio Stoutt Respondent: Mrs. Tiffany Scatliffe Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021 to allow the appellant time to retain legal counsel. Reason: The appellant indicated his desire to be represented by counsel and was actively seeking to retain counsel, including by making inquiries at the Legal Aid Board for assistance in doing so.

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE TERRITORY OF THE VIRGIN ISLANDS th February 2021 Before: Mr. Carlos Michel, Chief Registrar [Ag.] Case Name: Frandi Thomas v The Queen [BVIHCRAP2017/0004] Date: Monday, 15 th February 2021 Appearances: Appellant: Mr. Michael Maduro Respondent: Mrs. Tiffany Scatliffe-Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall file an application to amend his grounds of appeal, on or before 1 st March 2021.

2.The matter is adjourned to the next sitting of the Court of Appeal for the Territory of the Virgin Islands during the week commencing 31 st May 2021. Reason: The record of appeal was filed and served. Counsel for the appellant indicated an intention to amend the grounds of appeal by way of application. Case Name: Alberto Rosa de la Rosa v The Queen [BVIHCRAP2016/0001] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Reynela Rawlins Respondent: Mrs. Tiffany Scatliffe Espirit, Director of Public Prosecutions 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 Territory of the Virgin Islands scheduled for 26 th May 2021. Reason: Neither the record of appeal nor skeleton arguments had been served on the respondent. Counsel for the appellant indicated that she was not been able to contact the respondent to receive instructions. The Director of Public Prosecutions indicated an intention to apply to have the appeal struck out. Case Name: Jessroy McKelly v The Queen [BVIHCRAP2014/0002] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Ruthilia Maximea appearing amicus curiae Respondent: Mrs. Tiffany Scatliffe Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26 th May 2021. Reason: Counsel, Ms. Ruthilia Maximea, indicated that the appellant is seeking to have her appointment as his counsel regularized by the Legal Aid Board. Case Name: Steven Walters v The Queen [BVIHCRAP2019/0001] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Reynela Rawlins Respondent: Mrs. Tiffany Scatliffe, Espirit, Director of Public Prosecutions Issues: Status of the Matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

3.The Registrar shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: The appellant had not received the transcript of proceedings. Case Name: Renard Benjamin v Ellina Turnbull [BVIHCVAP2019/0005] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Marie-Lou Creque Respondent: Ms. Ruthilia Maximea Issues: Status of the matter Type of Order Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

4.The respondent shall file and serve written submissions with authorities on or before 3 rd May 2021.

5.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 17 th May 2021.

6.The hearing of the appeal is fixed for the next sitting of the Court of Appeal for the Territory of the Virgin Islands during the week commencing 31 st May 2021. Reason: The record of appeal had been filed but no submissions were filed. There was a dispute between counsel on both sides as to whether the notice of appeal was served on the respondent. Case Name: Starcy Huggins v The Commissioner of Police [BVIMCRAP2019/0001] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Akilah Anderson Respondent: Mrs. Tiffany Scatliffe-Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue efforts to cause the transcript of proceedings in this matter to be prepared.

2.The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26 th May 2021. Reason: The record of appeal was not complete as the transcript of proceedings had not yet been prepared. Case Name: Glanville Penn v The Attorney General [BVIHCVAP2017/0009] Date: Monday, 15 th February 2021 Appearances: Appellant: Mr. Sydney Bennet, QC Respondent: Ms. Jo-Ann Williams-Roberts, Solicitor General Issues: Status of the matter Type of Order Adjournment Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to next sitting of the Court of Appeal for the Territory of the Virgin Island during the week commencing 31 st May 2021. Reason: Skeleton arguments had been prepared by either side. The parties were agreed that the matter would be ready for the next Court of Appeal sitting in the Territory of the Virgin Islands. Case Name: The Attorney General of the British Virgin Islands v Partnerselskabet Parsifal [BVIHCVAP2018/0001] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Maya Berry Respondent: Ms. Mishka Jacobs holding papers for Ms. Hazel-Ann Boreland Issues: Status of the matter Type of Order: Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue efforts to provide the parties with a copy of the judges notes in the absence of the transcript of proceedings.

2.The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26 th May 2021. Reason: Counsel for the parties indicated that the transcripts were either lost or the files corrupted. The parties request the judge’s notes from the Court Office. The notes should be available by mid-March 2021. Case Name: Claude Skelton-Cline v Cabinet of the Virgin Islands [BVIHCVAP2019/0003] Date: Monday, 15 th February 2021 Appearances: Appellant: Ms. Ruthilia Maximea holding papers for Ms. Tana’ania Small-Davis Respondent: Ms. Giselle Lumy Issues: Status of the matter Type of Order Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue efforts to cause the transcript of proceedings to be prepared in this matter.

2.The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26 th May 2021. Reason: Counsel for the parties indicated that the transcript is still outstanding. The transcript was requested on 9 th July 2019. The Court Office was unable to provide an update on when the transcripts may become available. Case Name: Herbert Potter v Franka Potter [BVIHCVAP2018/0002] Date: Monday, 15 th February 2021 Appearances: Appellant: Mr. Herbert Porter Respondent: No appearance Issues: Status of the matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue efforts to cause the transcript of proceedings to be prepared in this matter.

2.The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26 th May 2021.

1.The Registrar of the High Court shall inform the parties in writing whether the transcript of the notes of evidence and of the judgment or of the proceedings or the notes of evidence is available or is not available on or before 1 st March 2021.

2.The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26 th May 2021. Reason: The parties asked for the Court office to indicate whether there are any notes of evidence which may be used to compile the record of appeal, as it was unclear whether there was any transcript of the proceedings. Case Name: Commissioner of Police v Medical Management Company Limited [BVIMCRAP2020/0001] Date: Monday, 15 th February 2021 Appearances: Appellant: Mrs. Tiffany Scatliffe-Espirit, Director of Public Prosecutions holding papers for Mrs. Patrice Hickson, Senior Crown Counsel Respondent: Ms. Reynela Rawlins Issues: Status of the matter Type of Order Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The appellant shall serve the notice of appeal and the E-Litigation Portal authorisation codes in the prescribed form on the respondent on or before 25 th February 2021 and shall provide proof of service thereafter.

2.The Registrar of the High Court shall cause the record of appeal to be served on the respondent on or before 25 th February 2021.

3.The appellant shall file and serve written submissions with authorities on or before 31 st March 2021.

1.The appellant shall file and serve written submissions with authorities on or before 12 th March 2021.

2.The respondent shall file and serve written submissions with authorities on or before 16 th April 2021.

3.The appellant is at liberty to file written submissions with authorities in reply, if necessary, on or before 4 th May 2021.

4.The hearing of the appeal is fixed for the Court of Appeal sitting for the Territory of the Virgin Islands during the week commencing 31 st May 2021. Reason: The record of appeal was filed and served but no submissions had been filed by either side. Case Name: Antonio Stoutt v The Commissioner of Police [BVIMCRAP2015/0006] Date: Monday, 15 th February 2021 Appearances: Appellant: Mr. Antonio Stoutt Respondent: Mrs. Tiffany Scatliffe Espirit, Director of Public Prosecutions Issues: Status of the matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 26th May 2021 to allow the appellant time to retain legal counsel. Reason: The appellant indicated his desire to be represented by counsel and was actively seeking to retain counsel, including by making inquiries at the Legal Aid Board for assistance in doing so.