Status Hearing – 19th to 21st June 2019

IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT STATUS HEARING SAINT LUCIA 19th June 2019, 21st June 2019 STATUS HEARINGS Case Name: Jan Isidore v The Queen Adjournment [SLUHCRAP2016/0007] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir holding papers for Mr. Alberton Richelieu Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: The appeal is adjourned to the next status hearing of the Court in Saint Lucia during the week commencing 18th November, 2019. Reason: Counsel for the appellant as expressed an interest in the matter and would like time to put in an application for the matter to be officially assigned. There was no objection by counsel for the crown. Case Name: Darlington Noel v The Queen Adjournment [SLUHCRAP2016/0008] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir holding papers for Mr. Alberton Richelieu Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: The appeal is adjourned to the next status hearing of the Court in Saint Lucia during the week commencing 18th November, 2019. Reason: Counsel for the appellant as expressed an interest in the matter and would like time to put in an application for the matter to be officially assigned. There was no objection by counsel for the crown. Case Name: Curlan Joseph v The Queen [SLUHCRAP2015/0004] Clinton Gilbert v The Queen Adjournment [SLUHCRAP2015/0005] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Moyston for Appellant Curlan Joseph No appearance of counsel for Appellant Clinton Gilbert, Appellant appearing in person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: The appeal is adjourned to the next status hearing of the court in St. Lucia scheduled for 18th November, 2019. Reason: There is a Record of Appeal prepared. The position remains the same in relation to the representation for the defendant Clinton Gilbert. Mr. Moyston informed that Mr. Harrow indicated that he intends to remove himself has legal practitioner on record for that appellant. The appellant has indicated that he has not seen his lawyer and is not aware that he requests to remove himself on record. Counsel for the appellant Joseph was asked to take this representation to Mr. Harrow. Case Name: Chaney Clerice v The Queen Directions [SLUHCRAP2017/0009] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir holding papers for Mr. Alberton Richelieu, Appellant present Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / IT IS HEREBY ORDERED: Order: 1. The appellant shall file and serve written submissions with authorities on or before 9th September, 2019. 2. The respondent shall file and serve written submissions with authorities on or before the 10th October, 2019. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 25th October, 2019. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The Record of Appeal is available. Case Name: Gael Daria v The Queen Directions [SLUHCRAP2017/0012] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall file and serve written submissions with authorities on or before 9th August, 2019. 2. The respondent shall file and serve written submissions with authorities on or before the 10th September, 2019. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 25th September, 2019. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: Transcripts had been paid for, Counsel for the Appellant requested directions. There was no objection from Counsel for the Crown. Case name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Alfred Alcide, Appellant present Respondent: Ms. Stacey-Anne St. Ville Directions Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The Chief Magistrate shall cause the Record of Appeal including the Transcript of proceedings and reasons for decision to be prepared and served on the parties by no later than 31st July, 2019. 2. The appellant shall file and serve written submissions with authorities on or before 6th September, 2019. 3. The respondent shall file and serve written submissions with authorities on or before the 7th October, 2019. 4. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 22nd October, 2019. 5. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The Record of Appeal has not yet been received. Case name: Cervin Griffin v The Police (CPL 571 Lesporis) [SLUMCRAP2017/0004] Adjournment Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir appearing amicus, Appellant in person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED The appeal is adjourned to the next status hearing of the Court in St. Lucia during scheduled for 18th November, 2019. Reason: The status of the notes of evidence is unclear. Case name: Hilary Emmanuel SGT 305 v Shaun Joseph SPC 168 [SLUMCRAP2016/0011] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Stacey-Anne St. Ville Adjournment Respondent: No appearance Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The Chief Magistrate shall cause the Record of appeal including the Transcript of proceedings and reasons for decision to be prepared and served on the parties by no later than 31st July, 2019. 2. The matter is adjourned to the next status hearing of the court in St. Lucia during the week commencing 18th November, 2019. 3. The Registrar of the High Court is directed to serve a copy of this order and a notice of hearing for the next status hearing on the respondent and to provide proof of service thereafter. Reason: Counsel for the appellant indicated that they are not in possession of the Notice of Appeal. The Record of Appeal has also not been prepared. Case name: Christine Lewis v The Police (Chester Simeon PC 666) [SLUMCRAP2016/0006] Date: Wednesday, 19th June 2019 Ms. Stacey-Anne St. Ville Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent/ Applicant: Adjournment Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The Registrar of the High Court is directed to take the necessary steps to obtain the notes of evidence from Magistrate Vashti Chatoor. 2. Upon the court noting that there was no service of a Notice of Hearing on the appellant, the matter is adjourned to the next status hearing of the court in Saint Lucia scheduled for 18th November, 2019. 3. The Registrar of the High Court is directed to serve a copy of this order and a notice of hearing for the next status hearing on the appellant and to provide proof of service thereafter. Reason: There is no evidence of service on the appellant to be present at today’s status hearing. There was only evidence for the week of 24th June, 2019 which was the first date set for hearing for Status. Case Name: Shane Verneuil v The Police (Chester Simeon PC 666) Directions [SLUMCRAP2016/0005] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The Chief Magistrate is directed to cause a copy of the Record of Appeal including the notes of evidence from Magistrate Vashti Chatoor and reasons for decision, to be served on the parties on or before 31st July, 2019. 2. The appellant is at liberty to file and serve written submissions with authorities on or before 6th September, 2019. 3. The respondent shall file and serve written submissions with authorities on or before the 7th October, 2019. 4. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 22nd October, 2019. 5. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. 6. 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 Record of Appeal has not yet been served on the parties. Case Name: Benedict Arthur v The Police Directions [SLUMCRAP2017/0001] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall file and serve written submissions with authorities on or before 2nd September, 2019. 2. The respondent shall file and serve written submissions with authorities on or before the 2nd October, 2019. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 17th October, 2019. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The appellant has indicated that he spoke with Mr. Andie George to conduct this matter. Due to the late notice of the Notice of Hearing, the appellant was unable to inform his lawyer to be here today. The Record of Appeal Has been filed and has been served on the parties. Case Name: Peter Jason Francis v The Police (Renan Promesse PC 607) Directions [SLUMCRAP2017/0002] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Huggins Nicholas, Appellant present. Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The appellant shall provide proof of service of the written submissions filed on 7th June, 2019 on the respondent by no later than 26th June, 2019. 2. The respondent shall file and serve written submissions with authorities on or before the 31st July, 2019. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 20th September, 2019. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The appellant has filed written submissions on 7th June, 2019. These have not been served on the respondent. Case Name: Lon Octave v The Police (WPC 816 Mangal) [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Directions Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The Registrar of the High Court is directed to serve a copy of the Record of Appeal on the respondent on or before 21st June, 2019 and to provide proof of service thereafter. 2. The appellant shall file and serve written submissions and authorities on or before 2nd September, 2019. 3. The respondent shall file and serve written submissions with authorities on or before the 3rd October, 2019. 4. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 18th October, 2019. 5. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The Record of Appeal was not served on the Respondent. Case Name: Mahmoud Selim v Nersha Duncan WPC 297 [SLUMCRAP2015/0010] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Stacey-Anne St. Ville Adjournment Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: The matter is stood down to Friday, 21st June, 2019 at 9:00 am at the Renham Building to allow counsel for the appellant to be present to give the Court an indication as to the status of the matter. Reason: Directions given for filing submissions. These were not followed. The appellant also previously indicated in March 2019 that submissions would be filed then. This was not done. An order by Pereira CJ in Dec 2017, that should the appellant not appear in May 2018 the appeal would stand dismissed. Case Name: Processus Jn Baptiste v The Police (PC 797 Henry) [SLUMCRAP2016/0007] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Stacey-Anne St. Ville Adjournment Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The matter is adjourned to the next status hearing of the court in Saint Lucia scheduled for the 18th November, 2019. 2. 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: There is no evidence of service of the new date of hearing on the appellant. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sueanna Frederick holding for Mr. Dexter Theodore QC Respondent: Mrs. Wauneen Louis-Harris Issue: Status of the matter Adjournment Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. The registrar of the High Court shall serve a copy of the Notice of availability of transcript on the respondent by no later than 5th July, 2019. 2. The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th November, 2019. Reason: The respondent has not been served with the Notice of Availability of Transcripts. Case Name: Mathilda Nelson v Alexis Alcide Adjournment [SLUHCVAP2018/0002A] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sueanna Frederick holding for Mr. Dexter Theodore QC Respondent: Mrs. Wauneen Louis-Harris Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED 1. Upon the court noting that Part 62.10(1) has not been complied with in that written submissions have not been filed by the appellant; 2. And upon the court noting the appellant’s indication of the intention to make an application for an extension of time to file written submissions; 3. And upon the court noting the respondent’s indication of the intension to make an application for the matter to be dismissed; 4. The matter is adjourned to the next status hearing of the court of appeal in SLU during the week commencing 18th November, 2019. Reason: This is an interlocutory appeal which should have been filed in accordance with CPR Part 62.10 but was not. Case Name:

[1]Network Construction Maintenance & Rehabilitation Limited

[2]Gregory Laughan Fevrier v Cable & Wireless (St. Lucia) Limited [SLUHCVAP2016/0001] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sueanna Frederick holding papers for Mr. Dexter Theodore QC. Respondent: Mr. Anwar Brice holding papers for Mr. Deale Lee Adjournment Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result and Reason IT IS HEREBY ORDERED 1. Upon the court noting that the preparation of the notes of evidence from the parties and the learned trial judge has not been finalized the matter is adjourned to the next status hearing of the court of appeal in SLU during the week commencing 18th November, 2019. 2. Counsel indicated that the transcription of the notes should be ready soon. The court informed that the transcription of the notes of the learned judge should also be completed soon. Case Name: [1] Andrew Laurent [2] Brent Laurent v Caribbean Metals Ltd [SLUHCVAP2012/0017] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance No appearance Respondents : Adjournment Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED 1. Upon the court noting the absence of the parties, the matter is adjourned to the next status hearing of the court of appeal in SLU during the week commencing 18th November, 2019. 2. The Registrar of the High Court is directed to serve a copy of this order on the parties. Reason: The parties have not filed a consent order as indicated on the last two occasions the matter came up. Case Name: Debbion Elesia Crisp (also known as Debbion Elesia Bowring) v Ross Bowring [SLUHCVAP2017/0037] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Ann- Alicia Fagan Adjournment Respondent: No appearance Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result and Reason: IT IS HEREBY ORDERED 1. Upon the court noting the order of Webster JA made on 16th April 2019 refusing an application made the appellant for an extension of time to file skeleton arguments; 2. And upon the court noting that there have been no written submissions filed by the respondent, nor in support of the counter notice of appeal; 3. And upon the court noting that the matter is otherwise ready to proceed; 4. The appeal is fixed for hearing at the next court of appeal sitting in SLU during the week commencing 25th November, 2019. Case Name: Ramesh Sinanan v Monroe College Ltd. Ms. Sueanna Frederick holding for Mr. Dexter Theodore QC. [SLUHCVAP2017/0023] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Rowana-Kay Campbell Respondents : Adjourned Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: Upon the court noting the indication from counsel for the appellant and the respondent that the parties are still in settlement discussions, the matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th November 2019, for report, unless a consent order is sooner filed. Reason: The parties and still in settlement discussions, which they hope will be completed by the end of June, 2019. There are only a few issues outstanding before a consent order can be filed. Case Name: [1] Seafari St Lucia Limited [2] Rodney Bayside Limited

[3]Marcarius Joinville v [1] The Harbour Proprietors Unit Plan No. 2/2008 otherwise known as Harbour Condominium [2] 2. Michael Whitfield [SLUHCVAP2016/0008] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Adjournment Appellant: Mr. Mark Maragh Respondent: Ms. Kristian Henry holding a watching brief Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: Upon the court noting the indication from counsel that the parties are in settlement discussions; the matter is adjourned to the next Status Hearing of the court in St. Lucia during the week commencing 18th November, 2019 for report, unless a consent order is sooner filed. Reason: The parties are engaging in discussions. Counsel for the appellant has suggested that the matter be removed from the list to allow for settlement discussions to continue. Case Name: Michael Joseph v RBTT Caribbean Limited – Duly constituted attorneys for Williams and Indra Charles with Power of Attorney Instrument No. PA 245/2003 [SLUHCVAP2018/0027] Consolidated with Indra Hariprashad-Charles v Michael Joseph Adjournment [SLUHCVAP2018/0033] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Collin Foster holding papers for Mr. Horace Fraser for Michael Joseph Respondent: Mr. Mark Maragh for RBTT Bank Ms. Sueanna Frederick holding papers for Mr. Dexter Theodore QC for Indra and William Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result / Order: IT IS HEREBY ORDERED: 1. Upon the court noting the indication by Mr. Maragh that he was not notified of the hearing of the application filed on 6th February, 2019 which resulted in the consolidation of the appeals and deemed the Record of Appeal filed in SLUHCVAP2018/0033 the Record of Appeal for the consolidated appeal. 2. And upon the court noting that Mr. Maragh has requested an adjournment to take further instructions. 3. The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th June 2019. Reason: Application filed on 6th February 2019, heard on 14th May, 2019 was not served on Mr. Maragh Both of the other parties acknowledge that they have no objection to Mr. Maragh adopting a certain posture in relation to the order made by Thom JA In relation to SLUHCVAP2018/0033, the respondent has indicated that they intended to put in a consent order. This however will have to be revised in light of the consolidation of the two appeals, one of which Mr. Maragh is not a party to. Case Name: Lazarus Paul v [1] Raquel Willie-Trotman [2] Douglas Trotman [3] Teferi Trotman (minor acting herein and represented by his mother Raquel Willie-Trotman) [DOMHCVAP2011/0026] Adjournment Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Wauneen Louis-Harris Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result and Reason IT IS HEREBY ORDERED: 1. Upon the court noting the absence of the appellant in this matter and the default in compliance with the directions given on 28th March 2019, 2. And upon the court noting that there has been no application for extension to comply with the order made by the appellant; 3. And upon the court noting the indication of counsel for the respondent to adopt a certain posture in relation to the appellant’s default; 4. The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th November, 2019. Case Name: Mahmoud Selim v Nersha Duncan WPC 297 Adjournment [SLUMCRAP2015/0010] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wauneen Louis Harris Respondent: Mr. Kenroy Justin Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Result and IT IS HEREBY ORDERED: Reason: 1. Upon the court noting the absence of the appellant and the indication from counsel for the appellant of her inability to confirm whether the appellant wishes to proceed with the appeal. 2. And upon the court noting that the matter is of some vintage the matter is adjourned to the next Status Hearing of the court in Saint Lucia scheduled for 18th November 2019 for the appellant to appear to indicate whether he is interested in the matter.

IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT STATUS HEARING SAINT LUCIA th June 2019, 21 st June 2019 STATUS HEARINGS Case Name: Jan Isidore v The Queen [SLUHCRAP2016/0007] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir holding papers for Mr. Alberton Richelieu Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: The appeal is adjourned to the next status hearing of the Court in Saint Lucia during the week commencing 18th November, 2019. Reason: Counsel for the appellant as expressed an interest in the matter and would like time to put in an application for the matter to be officially assigned. There was no objection by counsel for the crown. Case Name: Darlington Noel v The Queen [SLUHCRAP2016/0008] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir holding papers for Mr. Alberton Richelieu Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: The appeal is adjourned to the next status hearing of the Court in Saint Lucia during the week commencing 18th November, 2019. Reason: Counsel for the appellant as expressed an interest in the matter and would like time to put in an application for the matter to be officially assigned. There was no objection by counsel for the crown. Case Name: Curlan Joseph v The Queen [SLUHCRAP2015/0004] Clinton Gilbert v The Queen [SLUHCRAP2015/0005] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. David Moyston for Appellant Curlan Joseph No appearance of counsel for Appellant Clinton Gilbert, Appellant appearing in person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: The appeal is adjourned to the next status hearing of the court in St. Lucia scheduled for 18th November, 2019. Reason: There is a Record of Appeal prepared. The position remains the same in relation to the representation for the defendant Clinton Gilbert. Mr. Moyston informed that Mr. Harrow indicated that he intends to remove himself has legal practitioner on record for that appellant. The appellant has indicated that he has not seen his lawyer and is not aware that he requests to remove himself on record. Counsel for the appellant Joseph was asked to take this representation to Mr. Harrow. Case Name: Chaney Clerice v The Queen [SLUHCRAP2017/0009] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir holding papers for Mr. Alberton Richelieu, Appellant present Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

[1]Network Construction Maintenance & Rehabilitation Limited

[2]Gregory Laughan Fevrier v Cable & Wireless (St. Lucia) Limited [SLUHCVAP2016/0001] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sueanna Frederick holding papers for Mr. Dexter Theodore QC. Respondent: Mr. Anwar Brice holding papers for Mr. Deale Lee Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result and Reason: IT IS HEREBY ORDERED

[3]Marcarius Joinville v

1.The appellant shall file and serve written submissions with authorities on or before 9th September, 2019.

2.The respondent shall file and serve written submissions with authorities on or before the 10th October, 2019.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 25th October, 2019.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The Record of Appeal is available. Case Name: Gael Daria v The Queen [SLUHCRAP2017/0012] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

1.The appellant shall file and serve written submissions with authorities on or before 9th August, 2019.

2.The respondent shall file and serve written submissions with authorities on or before the 10th September, 2019.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 25th September, 2019.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: Transcripts had been paid for, Counsel for the Appellant requested directions. There was no objection from Counsel for the Crown. Case name: Jabez Frederick v PC 600 St. Aimee [SLUMCRAP2014/0015] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Alfred Alcide, Appellant present Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

1.The Chief Magistrate shall cause the Record of Appeal including the Transcript of proceedings and reasons for decision to be prepared and served on the parties by no later than 31st July, 2019.

2.The appellant shall file and serve written submissions with authorities on or before 6th September, 2019.

3.The respondent shall file and serve written submissions with authorities on or before the 7th October, 2019.

4.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 22nd October, 2019.

5.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The Record of Appeal has not yet been received. Case name: Cervin Griffin v The Police (CPL 571 Lesporis) [SLUMCRAP2017/0004] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Leslie Mondesir appearing amicus, Appellant in person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED The appeal is adjourned to the next status hearing of the Court in St. Lucia during scheduled for 18th November, 2019. Reason: The status of the notes of evidence is unclear. Case name: Hilary Emmanuel SGT 305 v Shaun Joseph SPC 168 [SLUMCRAP2016/0011] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Stacey-Anne St. Ville Respondent: No appearance Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED:

1.The Chief Magistrate shall cause the Record of appeal including the Transcript of proceedings and reasons for decision to be prepared and served on the parties by no later than 31st July, 2019.

2.The matter is adjourned to the next status hearing of the court in St. Lucia during the week commencing 18th November, 2019.

3.The Registrar of the High Court is directed to serve a copy of this order and a notice of hearing for the next status hearing on the respondent and to provide proof of service thereafter. Reason: Counsel for the appellant indicated that they are not in possession of the Notice of Appeal. The Record of Appeal has also not been prepared. Case name: Christine Lewis v The Police (Chester Simeon PC 666) [SLUMCRAP2016/0006] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent/Applicant: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED:

1.The Registrar of the High Court is directed to take the necessary steps to obtain the notes of evidence from Magistrate Vashti Chatoor.

2.Upon the court noting that there was no service of a Notice of Hearing on the appellant, the matter is adjourned to the next status hearing of the court in Saint Lucia scheduled for 18th November, 2019.

3.The Registrar of the High Court is directed to serve a copy of this order and a notice of hearing for the next status hearing on the appellant and to provide proof of service thereafter. Reason: There is no evidence of service on the appellant to be present at today’s status hearing. There was only evidence for the week of 24th June, 2019 which was the first date set for hearing for Status. Case Name: Shane Verneuil v The Police (Chester Simeon PC 666) [SLUMCRAP2016/0005] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

1.The Chief Magistrate is directed to cause a copy of the Record of Appeal including the notes of evidence from Magistrate Vashti Chatoor and reasons for decision, to be served on the parties on or before 31st July, 2019.

2.The appellant is at liberty to file and serve written submissions with authorities on or before 6th September, 2019.

3.The respondent shall file and serve written submissions with authorities on or before the 7th October, 2019.

4.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 22nd October, 2019.

5.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019.

6.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 Record of Appeal has not yet been served on the parties. Case Name: Benedict Arthur v The Police [SLUMCRAP2017/0001] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

1.The appellant shall file and serve written submissions with authorities on or before 2nd September, 2019.

2.The respondent shall file and serve written submissions with authorities on or before the 2nd October, 2019.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 17th October, 2019.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The appellant has indicated that he spoke with Mr. Andie George to conduct this matter. Due to the late notice of the Notice of Hearing, the appellant was unable to inform his lawyer to be here today. The Record of Appeal Has been filed and has been served on the parties. Case Name: Peter Jason Francis v The Police (Renan Promesse PC 607) [SLUMCRAP2017/0002] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Huggins Nicholas, Appellant present. Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

1.The appellant shall provide proof of service of the written submissions filed on 7th June, 2019 on the respondent by no later than 26th June, 2019.

2.The respondent shall file and serve written submissions with authorities on or before the 31st July, 2019.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary, on or before 20th September, 2019.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The appellant has filed written submissions on 7th June, 2019. These have not been served on the respondent. Case Name: Lon Octave v The Police (WPC 816 Mangal) [SLUMCRAP2018/0004] [SLUMCRAP2018/0005] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Directions Result / Order: IT IS HEREBY ORDERED:

1.The Registrar of the High Court is directed to serve a copy of the Record of Appeal on the respondent on or before 21st June, 2019 and to provide proof of service thereafter.

2.The appellant shall file and serve written submissions and authorities on or before 2nd September, 2019.

3.The respondent shall file and serve written submissions with authorities on or before the 3rd October, 2019.

4.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 18th October, 2019.

5.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Lucia during the week commencing 25th November, 2019. Reason: The Record of Appeal was not served on the Respondent. Case Name: Mahmoud Selim v Nersha Duncan WPC 297 [SLUMCRAP2015/0010] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED: The matter is stood down to Friday, 21st June, 2019 at 9:00 am at the Renham Building to allow counsel for the appellant to be present to give the Court an indication as to the status of the matter. Reason: Directions given for filing submissions. These were not followed. The appellant also previously indicated in March 2019 that submissions would be filed then. This was not done. An order by Pereira CJ in Dec 2017, that should the appellant not appear in May 2018 the appeal would stand dismissed. Case Name: Processus Jn Baptiste v The Police (PC 797 Henry) [SLUMCRAP2016/0007] Date: Wednesday, 19th June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Stacey-Anne St. Ville Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED:

1.The matter is adjourned to the next status hearing of the court in Saint Lucia scheduled for the 18th November, 2019.

2.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: There is no evidence of service of the new date of hearing on the appellant. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sueanna Frederick holding for Mr. Dexter Theodore QC Respondent: Mrs. Wauneen Louis-Harris Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED:

1.The registrar of the High Court shall serve a copy of the Notice of availability of transcript on the respondent by no later than 5th July, 2019.

2.The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th November, 2019. Reason: The respondent has not been served with the Notice of Availability of Transcripts. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002A] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sueanna Frederick holding for Mr. Dexter Theodore QC Respondent: Mrs. Wauneen Louis-Harris Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED

1.Upon the court noting that Part 62.10(1) has not been complied with in that written submissions have not been filed by the appellant;

2.And upon the court noting the appellant’s indication of the intention to make an application for an extension of time to file written submissions;

3.And upon the court noting the respondent’s indication of the intension to make an application for the matter to be dismissed;

4.The matter is adjourned to the next status hearing of the court of appeal in SLU during the week commencing 18th November, 2019. Reason: This is an interlocutory appeal which should have been filed in accordance with CPR Part 62.10 but was not. Case Name:

1.Upon the court noting that the preparation of the notes of evidence from the parties and the learned trial judge has not been finalized the matter is adjourned to the next status hearing of the court of appeal in SLU during the week commencing 18th November, 2019.

2.Counsel indicated that the transcription of the notes should be ready soon. The court informed that the transcription of the notes of the learned judge should also be completed soon. Case Name:

[1]Andrew Laurent

[2]Brent Laurent v Caribbean Metals Ltd [SLUHCVAP2012/0017] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: No appearance Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED

1.Upon the court noting the absence of the parties, the matter is adjourned to the next status hearing of the court of appeal in SLU during the week commencing 18th November, 2019.

2.The Registrar of the High Court is directed to serve a copy of this order on the parties. Reason: The parties have not filed a consent order as indicated on the last two occasions the matter came up. Case Name: Debbion Elesia Crisp (also known as Debbion Elesia Bowring) v Ross Bowring [SLUHCVAP2017/0037] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Ann- Alicia Fagan Respondent: No appearance Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result and Reason: IT IS HEREBY ORDERED

1.Upon the court noting the order of Webster JA made on 16th April 2019 refusing an application made the appellant for an extension of time to file skeleton arguments;

2.And upon the court noting that there have been no written submissions filed by the respondent, nor in support of the counter notice of appeal;

3.And upon the court noting that the matter is otherwise ready to proceed;

4.The appeal is fixed for hearing at the next court of appeal sitting in SLU during the week commencing 25th November, 2019. Case Name: Ramesh Sinanan v Monroe College Ltd. [SLUHCVAP2017/0023] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Rowana-Kay Campbell Respondents: Ms. Sueanna Frederick holding for Mr. Dexter Theodore QC. Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjourned Result / Order: IT IS HEREBY ORDERED: Upon the court noting the indication from counsel for the appellant and the respondent that the parties are still in settlement discussions, the matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th November 2019, for report, unless a consent order is sooner filed. Reason: The parties and still in settlement discussions, which they hope will be completed by the end of June, 2019. There are only a few issues outstanding before a consent order can be filed. Case Name:

[1]Seafari St Lucia Limited

[2]Rodney Bayside Limited

[1]The Harbour Proprietors Unit Plan No. 2/2008 otherwise known as Harbour Condominium

[2]2. Michael Whitfield [SLUHCVAP2016/0008] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Mark Maragh Respondent: Ms. Kristian Henry holding a watching brief Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED: Upon the court noting the indication from counsel that the parties are in settlement discussions; the matter is adjourned to the next Status Hearing of the court in St. Lucia during the week commencing 18th November, 2019 for report, unless a consent order is sooner filed. Reason: The parties are engaging in discussions. Counsel for the appellant has suggested that the matter be removed from the list to allow for settlement discussions to continue. Case Name: Michael Joseph v RBTT Caribbean Limited – Duly constituted attorneys for Williams and Indra Charles with Power of Attorney Instrument No. PA 245/2003 [SLUHCVAP2018/0027] Consolidated with Indra Hariprashad-Charles v Michael Joseph [SLUHCVAP2018/0033] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Collin Foster holding papers for Mr. Horace Fraser for Michael Joseph Respondent: Mr. Mark Maragh for RBTT Bank Ms. Sueanna Frederick holding papers for Mr. Dexter Theodore QC for Indra and William Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result / Order: IT IS HEREBY ORDERED:

1.Upon the court noting the indication by Mr. Maragh that he was not notified of the hearing of the application filed on 6th February, 2019 which resulted in the consolidation of the appeals and deemed the Record of Appeal filed in SLUHCVAP2018/0033 the Record of Appeal for the consolidated appeal.

2.And upon the court noting that Mr. Maragh has requested an adjournment to take further instructions.

3.The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th June 2019. Reason: Application filed on 6th February 2019, heard on 14th May, 2019 was not served on Mr. Maragh Both of the other parties acknowledge that they have no objection to Mr. Maragh adopting a certain posture in relation to the order made by Thom JA In relation to SLUHCVAP2018/0033, the respondent has indicated that they intended to put in a consent order. This however will have to be revised in light of the consolidation of the two appeals, one of which Mr. Maragh is not a party to. Case Name: Lazarus Paul v

[1]Raquel Willie-Trotman

[2]Douglas Trotman

[3]Teferi Trotman (minor acting herein and represented by his mother Raquel Willie-Trotman) [DOMHCVAP2011/0026] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mrs. Wauneen Louis-Harris Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result and Reason IT IS HEREBY ORDERED:

1.Upon the court noting the absence of the appellant in this matter and the default in compliance with the directions given on 28th March 2019,

2.And upon the court noting that there has been no application for extension to comply with the order made by the appellant;

3.And upon the court noting the indication of counsel for the respondent to adopt a certain posture in relation to the appellant’s default;

4.The matter is adjourned to the next status hearing of the court of appeal in Saint Lucia during the week commencing 18th November, 2019. Case Name: Mahmoud Selim v Nersha Duncan WPC 297 [SLUMCRAP2015/0010] Date: Friday, 21st June 2019 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wauneen Louis Harris Respondent: Mr. Kenroy Justin Issue: Status of the matter Type of Oral Result / Order Delivered (if applicable): Adjournment Result and Reason: IT IS HEREBY ORDERED:

1.Upon the court noting the absence of the appellant and the indication from counsel for the appellant of her inability to confirm whether the appellant wishes to proceed with the appeal.

2.And upon the court noting that the matter is of some vintage the matter is adjourned to the next Status Hearing of the court in Saint Lucia scheduled for 18th November 2019 for the appellant to appear to indicate whether he is interested in the matter.