Status Hearing – 22nd October 2019

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING GRENADA 22nd October 2019 Case Name:

[1]Choo Loi Poi

[2]Choo Liu Yue Xin v Donald Frederick [GDAHCVAP2016/0026] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: Ms. Celene Edwards Respondent: Ms. Caryn Adams Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellants shall file and serve the Record of Appeal and written submissions with authorities on or before 16th December 2019. 2. The respondent shall file and serve written submissions with authorities on or before 17th January 2020. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 3rd February, 2020. 4. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27th April 2020. Reason: Counsel for the appellant noted that the transcript of proceedings is ready. Case Name: Leon O. Taylor v [1] Wilfred Julien [2] Annette Smith

[3]Carmen Juliette Smith

[4]Peter Smith

[5]Phillip Smith

[6]Daphne Anne Vidal

[7]Daphne Anne Vidal (Executrix of the estate of Charles David Williams by Order of Madam Justice Clare Henry, dated January 25, 2013)

[8]Michael Julien

[9]Patricia Julien [GDAHCVAP2016/0019] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Dickon Mitchell Respondents: Mr. Alban John Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve the Record of Appeal on or before 29th November 2019. 2.The appellant shall file and serve written submissions with authorities on or before 6th January 2019. 3.The respondents shall file and serve written submissions with authorities on or before 10th February 2020. 4.The appellant is at liberty to file submissions, with authorities, in reply if necessary, on or before 25th January 2020. 5. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27th April 2020. Reason: The transcript of proceedings has been prepared. Case Name: The Attorney General v Corrine Clara [GDAHCVAP2016/0032] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Sasha Courtney Respondent: Ms. Celene Edwards Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve the Record of Appeal on or before 29th November 2019. 2. The appellant shall file and serve written submissions with authorities on or before 6th January 2020. 3. The respondent shall file and serve written submissions with authorities on or before 10th February 2020. 4.The appellant is at liberty to file and serve written submissions with authorities in reply on or before on or before 25th February 2020 5. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27th April 2020. Reason: There is no need for a transcript of proceedings since the matter was heard on paper. The parties have decided to proceed with the matter before the Full Court. Case Name: Lucy Murchie v George Martin [GDAHCVAP2016/0014] Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Melissa Modeste-Singh Respondent: Ms. Sabrita Khan-Ramdhani holding papers for Mr. Anselm Clouden Issues: Status of the matter Directions Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 29th November 2019. 2. The respondent shall file and serve written submissions with authorities on or before 6th January 2020. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before the 21st January 2020. 4.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27th April 2020. Reason: The Record of Appeal has been filed. Case Name: McDonald Thomas v The Queen [GDAHCRAP2015/0009] Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jerry Edwin Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Directions Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 31st January 2020. 2. The respondent shall file and serve written submissions with authorities on or before 28th February 2020. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 13th March 2020. 4. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27th April 2020. Reason: The transcript of proceedings has been prepared. Case Name: Desmond Fletcher v The Queen [GDAHCRAP2015/0011] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jerry Edwin holding papers for Mr. Anselm Clouden Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 13th December 2019. 2. The respondent shall file and serve written submissions with authorities on or before 14th January 2020. 3. The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before the 29th January 2020. 4. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing the 27th April 2020. Reason: The transcript of proceedings has been prepared. Case Name: Jude Lessey v The Queen [GDAHCRAP2016/0015] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sabina Gibbs Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall continue to cause the transcript of proceedings to be prepared and served on the parties. 2. The matter is adjourned to the next Status Hearing of the court in Grenada during the week commencing 20th April 2020. Reason: The transcript of proceedings has not been completed. Case Name: Godfrey John v The Queen [GDAHCRAP2016/0002] Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sabrita Khan-Ramdhani Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Directions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: 1. Counsel for the respondent shall file submissions on or before 23rd October 2019. 2.The matter is listed before the Full Court on Tuesday, 29th October 2019. Reason: The transcript of proceedings has been prepared. Counsel for the appellant has requested that the matter be listed at the Sitting next week as the respondent has indicated that the crown will be conceding to time served. Case Name: Arthur Braveboy v The Queen [GDAHCRAP2017/0003] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jerry Edwin Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the court scheduled for the week commencing 20th April 2020. Reason: Counsel for the appellant indicated that he intends to file an application for early release. Case Name: Ian Moses Scott v The Queen [GDAHCRAP2019/0003] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. George Prime Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: The appeal is listed for hearing before the Full Court on Friday, 1st November 2019 for the duration of no more than 40 minutes. Reason: The parties indicated that the matter is ready to proceed. Case Name: Dixon Lewis v Commissioner of Police [GDAMCRAP2014/0010] Directions Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person; Unrepresented intends to get representation Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1.The Chief Magistrate shall cause the Record of Appeal, including the Notice of Appeal and Reasons for Decision, to be prepared and submitted to the Registrar of the High court on or before the 31st January 2020, failing which the chief magistrate shall provide and affidavit giving reasons for non-compliance. 2. The matter is adjourned to the next Status Hearing of the Court in Grenada during the week commencing 20th April 2020. Reason: The record of appeal has not been prepared. There was no compliance with the last order of the court. Case Name: Tamara Brown v The Commissioner of Police [GDAMCRAP2016/0005] Date: Tuesday, 22nd October 2019 Directions Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sabina Gibbs Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Result / Order: IT IS HEREBY ORDERED THAT: 1.The Chief Magistrate shall cause the Record of Appeal, including the Notice of Appeal and Reasons for the decision to be prepared and submitted to the Registrar of the High Court on or before 31st January 2020, failing which the Chief Magistrate shall provide an affidavit giving reasons for non-compliance. 2. The matter is adjourned to the next Status Hearing of the Court in Grenada during the week commencing 20th April 2020. Reason: The matter is pending from 2014 and the Record of Appeal has still not been prepared.

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING GRENADA nd October 2019 Case Name:

[1]Choo Loi Poi

[2]Choo Liu Yue Xin v Donald Frederick [GDAHCVAP2016/0026] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellants: Ms. Celene Edwards Respondent: Ms. Caryn Adams Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

[3]Carmen Juliette Smith

[4]Peter Smith

[5]Phillip Smith

[6]Daphne Anne Vidal

[7]Daphne Anne Vidal (Executrix of the estate of Charles David Williams by Order of Madam Justice Clare Henry, dated January 25, 2013)

[8]Michael Julien

[9]Patricia Julien [GDAHCVAP2016/0019] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Dickon Mitchell Respondents: Mr. Alban John Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order IT IS HEREBY ORDERED THAT:

1.The appellants shall file and serve the Record of Appeal and written submissions with authorities on or before 16 th December 2019.

2.The respondent shall file and serve written submissions with authorities on or before 17 th January 2020.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 3 rd February, 2020.

4.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27 th April 2020. Reason: Counsel for the appellant noted that the transcript of proceedings is ready. Case Name: Leon O. Taylor v

[1]Wilfred Julien

[2]Annette Smith

1.The appellant shall file and serve the Record of Appeal on or before 29 th November 2019.

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

3.The respondents shall file and serve written submissions with authorities on or before 10 th February 2020.

4.The appellant is at liberty to file submissions, with authorities, in reply if necessary, on or before 25 th January 2020.

5.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27 th April 2020. Reason: The transcript of proceedings has been prepared. Case Name: The Attorney General v Corrine Clara [GDAHCVAP2016/0032] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Sasha Courtney Respondent: Ms. Celene Edwards Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve the Record of Appeal on or before 29 th November 2019.

2.The appellant shall file and serve written submissions with authorities on or before 6 th January 2020.

3.The respondent shall file and serve written submissions with authorities on or before 10 th February 2020.

4.The appellant is at liberty to file and serve written submissions with authorities in reply on or before on or before 25 th February 2020

5.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27 th April 2020. Reason: There is no need for a transcript of proceedings since the matter was heard on paper. The parties have decided to proceed with the matter before the Full Court. Case Name: Lucy Murchie v George Martin [GDAHCVAP2016/0014] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Melissa Modeste-Singh Respondent: Ms. Sabrita Khan-Ramdhani holding papers for Mr. Anselm Clouden Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 29 th November 2019.

2.The respondent shall file and serve written submissions with authorities on or before 6 th January 2020.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before the 21st January 2020.

4.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27 th April 2020. Reason: The Record of Appeal has been filed. Case Name: McDonald Thomas v The Queen [GDAHCRAP2015/0009] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jerry Edwin Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 31 st January 2020.

2.The respondent shall file and serve written submissions with authorities on or before 28 th February 2020.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before 13 th March 2020.

4.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing 27 th April 2020. Reason: The transcript of proceedings has been prepared. Case Name: Desmond Fletcher v The Queen [GDAHCRAP2015/0011] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jerry Edwin holding papers for Mr. Anselm Clouden Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 13 th December 2019.

2.The respondent shall file and serve written submissions with authorities on or before 14 th January 2020.

3.The appellant is at liberty to file and serve written submissions, with authorities, in reply if necessary on or before the 29 th January 2020.

4.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Grenada during the week commencing the 27 th April 2020. Reason: The transcript of proceedings has been prepared. Case Name: Jude Lessey v The Queen [GDAHCRAP2016/0015] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sabina Gibbs Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall continue to cause the transcript of proceedings to be prepared and served on the parties.

2.The matter is adjourned to the next Status Hearing of the court in Grenada during the week commencing 20 th April 2020. Reason: The transcript of proceedings has not been completed. Case Name: Godfrey John v The Queen [GDAHCRAP2016/0002] Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sabrita Khan-Ramdhani Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order:

1.Counsel for the respondent shall file submissions on or before 23 rd October 2019.

2.The matter is listed before the Full Court on Tuesday, 29 th October 2019. Reason: The transcript of proceedings has been prepared. Counsel for the appellant has requested that the matter be listed at the Sitting next week as the respondent has indicated that the crown will be conceding to time served. Case Name: Arthur Braveboy v The Queen [GDAHCRAP2017/0003] Date: Tuesday, 22nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Jerry Edwin Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the court scheduled for the week commencing 20 th April 2020. Reason: Counsel for the appellant indicated that he intends to file an application for early release. Case Name: Ian Moses Scott v The Queen [GDAHCRAP2019/0003] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. George Prime Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT: The appeal is listed for hearing before the Full Court on Friday, 1 st November 2019 for the duration of no more than 40 minutes. Reason: The parties indicated that the matter is ready to proceed. Case Name: Dixon Lewis v Commissioner of Police [GDAMCRAP2014/0010] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In person; Unrepresented intends to get representation Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall cause the Record of Appeal, including the Notice of Appeal and Reasons for Decision, to be prepared and submitted to the Registrar of the High court on or before the 31 st January 2020, failing which the chief magistrate shall provide and affidavit giving reasons for non-compliance.

2.The matter is adjourned to the next Status Hearing of the Court in Grenada during the week commencing 20 th April 2020. Reason: The record of appeal has not been prepared. There was no compliance with the last order of the court. Case Name: Tamara Brown v The Commissioner of Police [GDAMCRAP2016/0005] Date: Tuesday, 22 nd October 2019 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Sabina Gibbs Respondent: Mr. Howard Pinnock for the Director of Public Prosecutions Issues: Status of the matter Type of Oral Result / Order Delivered: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Chief Magistrate shall cause the Record of Appeal, including the Notice of Appeal and Reasons for the decision to be prepared and submitted to the Registrar of the High Court on or before 31 st January 2020, failing which the Chief Magistrate shall provide an affidavit giving reasons for non-compliance.

2.The matter is adjourned to the next Status Hearing of the Court in Grenada during the week commencing 20 th April 2020. Reason: The matter is pending from 2014 and the Record of Appeal has still not been prepared.