Status Hearing – 17th to 18th February 2020

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING SAINT VINCENT AND THE GRENADINES 17th and 18th February 2020 Case Name: Christiana Thompson v Silbert Stapleton [SVGMCVAP2019/0004] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Ms. Patina Knights Respondent: Mrs. Patricia Marks-Minors holding for Mr. Ronald Marks Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the notice of application along with an affidavit in support and draft order to strike out the appeal filed by the respondent on 10th February 2020; It is hereby order that: The application to strike out the appeal filed by respondent on 10th February 2020 is fixed for hearing at the Chamber Hearing of the Court of Appeal scheduled for 17th March 2020. Reason: The respondent filed an application to strike out the appeal on 10th February 2020. Case Name: Rudolph Daize v Simon Kamara [SVGHCVAP2016/0018] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance, Mr. Richard Williams on record Respondent: Mr. John Coombs 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 in Saint Vincent and the Grenadines during the week commencing 7th September 2020. Reason: Counsel for the respondent indicated that the transcript from the trial is still outstanding and as such the respondent is not yet able to proceed with the appeal. The respondent is only in possession of the transcript from the date of the delivery of the judgment. Case Name: C & R Enterprises Limited v Bank of Saint Vincent and The Grenadines Limited [SVGHCVAP2016/0034] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Ms. Maia Eustace holding for Mr. Emery Robertson Respondent: Mr. Richard Williams holding for Mr. Stephen Williams Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appealed is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: Counsel on record for the appellant has not yet filed submissions on behalf of the appellant due to him being ill for some time. The respondent filed submissions and opposed any adjournment on the basis that there have been delays by the appellant in this matter. However, it was noted that this is the first time the matter has come up for status hearing and has not previously come up for case management. Case Name: Linton Lewis v RBTT Bank Caribbean Limited [SVGHCVAP2015/0001] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Paula David Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the order of the Chief Registrar dated 30th April 2019 giving directions for the filing of submissions; And upon noting that the appellant has not filed submissions: The matter is hereby removed from the list. The appellant is at liberty to have the matter re-listed by the Court of Appeal Registry. The Registrar of the High Court shall serve a copy of this order on the appellant personally within 7 days of this order and provide proof of service thereafter. Reason: This is an interlocutory appeal. Directions were given by the Chief Registrar at status hearing on 30th April 2019 for the filing of submissions. However, to date, submissions have not been filed by the appellant. Case Name: Nia Grecia v Malicia Nererson [SVGMCVAP2019/0002] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon the Court noting the absence of both parties: The matter is adjourned to the next status hearing of the Court in Saint Vincent and the Grenadines during the week commencing 7th September 2020. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: Both the appellant and the respondent were absent and as such the matter was adjourned to the next status hearing of the Court in Saint Vincent and Grenadines. Case Name: Francis Robinson v Tasca Abbott [SVGMCVAP2019/0006] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance, Mr. Stephen Huggins on record Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 19th March 2020. The respondent shall file and serve written submissions with authorities on or before 20th April 2020. The appellant is at liberty to file and serve submissions with authorities in rely, if necessary, on or before 5th May 2020. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. The Registrar of the High Court shall serve a copy of this order on the appellant and the respondent personally within 7 days of this order and provide proof of service thereafter. Reason: The appellant was personally served with the Notice of Status Hearing on 26th September 2020 at Arnos Vale, Saint Vincent and the Grenadines. However, to date, the appellant has not filed submissions. Case Name: Rudolph Jackson v Thelma Bailey [SVGMCVAP2019/0005] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance, Mrs. Kay Bacchus-Baptiste on record Respondent: Mr. John Coombs Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 19th March 2020. The respondent shall file and serve written submissions with authorities on or before 20th April 2020. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 5th May 2020. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: Counsel for the appellant was served with the notice of status hearing. The respondent is awaiting service of submissions from the appellant. Case Name: Desmond Llewellyn v Rent & Drive [SVGMCVAP2014/0016] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Mrs. Patricia Marks-Minors Respondent: Ms. Kemiesha Joyles holding for Ms. Samantha Robertson Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: The appellant filed submissions on 4th February 2020 and served the respondent on 6th February 2020. The respondent requested an adjournment to respond to the submissions. Counsel for the appellant had no objections to an adjournment of the matter to the next sitting to allow counsel for the respondent time to respond. Case Name: Ian Fraser v

[1]Bruce Brown

[2]Ernest Brown [SVGMCVAP2019/0003] Date: Monday, 17th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondents: No appearance, Mrs. Kay Bacchus-Baptiste on record Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the absence of both parties: The matter is adjourned to the next status hearing of the Court in Saint Vincent and the Grenadines during the week commencing 7th September 2020. The Registrar of the High Court shall serve a copy of this order on the appellant and the respondent personally and provide proof of service thereafter. Reason: The appellant could not be located, and court office was unable to serve the appellant with notice of the hearing. Case Name: Sjada Daniel v The Commissioner of Police [SVGMCRAP2019/0035] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Mr. Grant Connell Respondents: Ms. Renee Simmons for the 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 of Appeal in Saint Vincent and the Grenadines during the week commencing 7th September 2020. Reason: Counsel for the appellant requested an adjournment of the matter to the next status hearing. There was no objection by the counsel for the respondent. Case Name: Patrick Lovelace v The Queen [SVGHCRAP2009/0017] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appellant appearing in person, Mrs. Kay Bacchus-Baptiste on record Respondent: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that the transcript of the sentencing hearing in the proceedings in the court below is outstanding: The Registrar of the High Court shall take the necessary steps to obtain the transcript of the proceedings in the matter. The matter is adjourned to the next status hearing of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 7th September 2020. Reason: The Record of Appeal is incomplete. The transcript in the record is only in respect of the trial but does not include the sentencing hearing. Case Name: Simon Hoyte v The Queen [SVGHCRAP2016/0008] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appellant appearing in person, No counsel on record Respondent: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 7th September 2020. Reason: The transcript of proceedings has been prepared. A letter was delivered to the Office of the Director of Public Prosecutions on 7th February 2020, indicating the availability of the transcript and the cost of same. However, the appellant is unable to say when he will be in a position to purchase said transcript. Case Name: Benjamin Roberts v The Queen [SVGHCRAP2016/0013] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appellant in person, Ms. Kay Bacchus-Baptiste on record Respondent: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that the record of appeal has been filed: The appellant is at liberty to file and serve written submission with authorities on or before 30th April 2020. The respondent shall file and serve written submissions with authorities in reply on or before 2nd June 2020. The appellant is at liberty to file and serve submissions with authorities in reply, if necessary, on or before 3rd July 2020. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. The Registrar of the High Court shall serve a copy of this order on the appellant personally within 7 days of the date of this order. Reason: Case Name: Khamal De Roche v The Commissioner of Police [SVGHCRAP2016/0001] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appellant appearing in person, Mrs. Kay Bacchus-Baptiste on record Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 30th April 2020. The respondent shall file and serve written submissions with authorities in reply on or before 2nd June 2020. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3rd July 2020. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: The record of appeal has been filed and served on the parties. However, no submissions have been filed by the appellant. Case Name: The Commissioner of Police v [1] Anthony Jordan [2] Salome Lewis [SVGMCRAP2019/0040] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellants: Ms. Renee Simmons for the Director of Public Prosecutions Respondent: Mrs. Patricia Marks-Minors holding for Mr. Ronald Marks Issues: Status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: The appellant filed submissions on 7th February 2020. Counsel for the respondent indicated that the respondent required some time to respond to the appellant’s submissions and asked for the matter to be adjourned. Case Name: Kevin Porter v The Commissioner of Police [SVGHCRAP2012/0014] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon the Court noting that there was no appearance by the appellant: The Registrar of the High Court shall provide this Court with a copy of the minute of conviction and sentence of the appellant on or before 31st March 2020. The appellant is to appear before the Court to indicate whether he is still interested in pursuing his appeal. The matter is adjourned to the next status hearing of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 7th September 2020. The Registrar of the High Court shall take the necessary steps to ensure that a copy of this order and the notice of hearing are served on the appellant personally and provide proof of service thereafter. Reason: The appellant was not present. It appears that he has already served his sentence. However, there is no minute of conviction in the Court’s file. Case Name: Randan Matthews v The Commissioner of Police [SVGMCRAP2013/0004] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon the Court noting that the appellant has served his sentence: The appellant is to appear before the Court to indicate whether he is still interested in pursuing his appeal. The matter is adjourned to the next status hearing of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 7th September 2020. The Registrar of the High Court shall take the necessary steps to ensure that a copy of this order and the notice of hearing are served on the appellant personally and provide proof of service thereafter. Reason: The appellant was not present. The appellant has already served his sentence. Case Name: Keith Shadow Labban v The Commissioner of Police [SVGMCRAP2016/0031] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon the Court noting that the order of the Chief Registrar dated 8th October 2019 directed the appellant to appear in person to indicate whether he is still interested in pursuing his appeal, failing which the appeal shall stand dismissed was not served on the appellant. The appellant shall appear before the Court to indicate whether he is still interested in pursuing his appeal. The matter is adjourned to the next status hearing of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 7th September 2020. The Registrar of the High Court shall take the necessary steps to ensure that a copy of this order and the notice of hearing are served on the appellant personally and provide proof of service thereafter. Reason: The order of the Chief Registrar dated 8th October 2019 directed the appellant to appear in person to indicate whether he is still interested in pursuing his appeal, failing which the appeal shall stand dismissed. However, the order was not served on the appellant. Case Name: Iso Lynch v The Commissioner of Police [SVGMCRAP2019/0011] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appearing in person, No counsel on record Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant is at liberty to file and serve written submissions with authorities on or before 30th April 2020. The respondent shall file and serve written submissions with authorities in reply on or before 2nd June 2020. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3rd July 2020. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. The Registrar of the High Court shall serve a copy of this order on the appellant personally within 7 days of this order. Reason: The Office of the Director of Public Prosecutions filed an updated prison status report on 14th October 2019 which was served on the appellant. The appellant is currently serving a two-year sentence and the sentence for the matter in this appeal is to run after his current sentence ends. The appellant is unsure as to his time left in prison. The appellant intends to file skeleton arguments on the appeal. The Crown was not ready to proceed with the hearing of the appeal. Case Name: Setra Harry v The Commissioner of Police [SVGMCRAP2019/0030] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Mr. John Coombs Respondent: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that Counsel for the appellant indicated that the appellant is not ready to proceed were requesting an adjournment; And upon noting that the Crown did not object to an adjournment: The matter is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: Submissions were filed by the respondent. The appellant has not filed submissions and is not ready to proceed. Counsel for the appellant indicated that a central part of their grounds of appeal relies on documents from the criminal records department, that the appellant is awaiting to receive to proceed. The respondent indicated that they filed their submissions on 5th February 2020 but have no objection to an adjournment. Case Name: Asher Dublin v The Commissioner of Police [SVGMCRAP2019/0020] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appellant appearing in person, No counsel on record Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting that the Crown filed written submissions on 7th February 2020 but has not served the submissions on the appellant; And upon noting that the appellant seeks more time to obtain legal representation for the hearing of his appeal: The respondent shall serve a copy of the written submissions filed on 12th February 2020 on the appellant personally within 7 days of this order. The matter is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. The Registrar of the High Court shall serve a copy of this order on the appellant personally withing 7 days of this order. Reason: The respondent filed written submissions on 7th February 2020. The appellant has been unable to secure counsel to represent him in his appeal and has requested more time to obtain counsel. Case Name: Alister Smith v The Commissioner of Police [SVGMCRAP2016/0036] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Appellant appearing in person, Mrs. Kay Bacchus-Baptiste on record Respondents: Ms. Renee Simmons, with her, Ms. Tammika McKenzie for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is fixed for the sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 24th February 2020. The Registrar of the High Court shall serve a copy of this order on the appellant personally and provide proof of service thereafter. Reason: The respondent received submissions from the appellant on 7th February 2020. However, to date, the respondent has not filed submissions. The respondent has indicated it will need time to respond to the appellant’s submissions and as such is not ready to proceed. Case Name: The Commissioner of Police v [1] Aldo Osbourne [2] Shari Olliviene [SVGMCRAP2019/0016] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: No appearance Respondents: Ms. Renee Simmons for the Director of Public Prosecutions Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the notice of discontinuance filed by the appellant on 7th February 2020: The appeal is hereby discontinued and dismissed as of 7th February 2020. Reason: The appellant filed a notice of discontinuance in relation to both respondents on 7th February 2020. Case Name: The Commissioner of Police v [1] Ackeem Hooper [2] Duncan Lavia

[3]Atnel Lavia [SVGMCRAP2019/0042] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Ms. Renee Simmons for the Director of Public Prosecutions Respondents: No appearance Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the notice of discontinuance filed by the appellant on 7th February 2020 in respect of the second respondent, Duncan Lavia and the third respondent, Atnel Lavia: The appeal is hereby discontinued and dismissed as of 7th February 2020. The Crown intends to proceed with the appeal in respect of the first respondent, Ackeem Hooper. The Crown has not filed submissions in relation the the first respondent. Directions given for filing. The appellant shall file and serve written submissions with authorities on or before 30th April 2020. The respondent is at liberty to file and serve written submissions with authorities in reply on or before 2nd June 2020. The appellant is at liberty to file and serve written submission with authorities in reply, if necessary, on or before 3rd July 2020. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. Reason: The Crown filed a notice of discontinuance on 7th February 2020 in respect of the second respondent, Duncan Lavia and the third respondent, Atnel Lavia, only. Case Name: The Commissioner of Police v [1] Alistair Gordon [SVGMCRAP2019/0024] Date: Tuesday, 18th February 2020 Coram: Mr. Carlos C. Michel, Deputy Chief Registrar Appearances: Appellant: Ms. Renee Simmons for the Director of Public Prosecutions Respondent: No appearance Issues: Status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 30th April 2020. The respondent shall file and serve written submissions with authorities on or before 2nd June 2020. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 3rd July 2020. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 15th September 2020. The Registrar of the High Court the high shall serve a copy of this order on the respondent personally within 7 days of this order. Reason: The respondent indicated that Mr. Grant Connell will assist him with his appeal. The appellant has not filed submissions and is not ready to proceed with the hearing of the appeal.