In Open Court – Saint Vincent and the Grenadines 7th March

IN OPEN COURT SAINT VINCENT AND THE GRENADINES Tuesday, 7th March 2017 APPLICATIONS AND APPEALS Case Name:

[1]Benjamin Exeter v [1] Winston Gaymes

[2]Kathleen Jeffers

[3]Sir Louis Straker

[4]Sylvia Findlay-Scrubb

[5]The Attorney General of Saint Vincent and the Grenadines [SVGHCVAP2016/0021] CONSOLIDATED WITH [1] Lauron Baptiste v [1] Vil Davis [2] Veronica John [3] Montgomery Daniel [4] Sylvia Findlay-Scrubb [5] The Attorney General of Saint Vincent and the Grenadines [SVGHCVAP2016/0022] Date: Tuesday, 7th March 2017 Coram: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Edwards and Ms. Maia Eustace as instructing solicitor for the appellant in SVGHCVAP2016/0021 Mr. Keith Scotland with him Mrs. Kay Bacchus- Baptiste and Ms. Mia Eustace as instructing solicitor for the appellant in SVGHCVAP2016/0022 Respondent: Mr. Anthony W. Astaphan, SC with him Mr. Richard Williams for the first, second, fourth and fifth respondents in both appeals Mr. Graham Bollers with him Mr. Carlos James for the third respondent in both appeals Oral Judgment or Decision Issues: Interlocutory appeal – Apparent bias – Predetermination – Waiver – Whether apparent bias, having not been raised in the lower court, could be adopted on appeal Type of Oral Result / Order Delivered: Result / Order: [Oral delivery] 1. The appeal is allowed. 2. The order of the trial judge striking out the petition is set aside. 3. The hearing of the petition and the motion to strike out is remitted to the High Court to be heard by a different judge expeditiously. 4. Costs to the appellant in the court below and on appeal to be assessed if not agreed within 28 days. Reason: The Court will provide written reasons.

IN OPEN COURT SAINT VINCENT AND THE GRENADINES Tuesday, 7 th March 2017 APPLICATIONS AND APPEALS Case Name:

[1]Benjamin Exeter v

[2]Kathleen Jeffers

[3]Sir Louis Straker

[4]Sylvia Findlay-Scrubb

[5]The Attorney General of Saint Vincent and the Grenadines [SVGHCVAP2016/0021] CONSOLIDATED WITH

[1]Winston Gaymes

[1]Lauron Baptiste v

[1]Vil Davis

[2]Veronica John

[3]Montgomery Daniel

[4]Sylvia Findlay-Scrubb

[5]The Attorney General of Saint Vincent and the Grenadines [SVGHCVAP2016/0022] Date: Tuesday, 7 th March 2017 Coram: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal The Hon. Mr. Mario Michel, Justice of Appeal The Hon. Mde. Gertel Thom, Justice of Appeal Appearances: Appellant: Mr. Stanley John, QC with him Mrs. Zhinga Horne-Edwards and Ms. Maia Eustace as instructing solicitor for the appellant in SVGHCVAP2016/0021 Mr. Keith Scotland with him Mrs. Kay Bacchus-Baptiste and Ms. Mia Eustace as instructing solicitor for the appellant in SVGHCVAP2016/0022 Respondent: Mr. Anthony W. Astaphan, SC with him Mr. Richard Williams for the first, second, fourth and fifth respondents in both appeals Mr. Graham Bollers with him Mr. Carlos James for the third respondent in both appeals Issues: Interlocutory appeal – Apparent bias – Predetermination – Waiver – Whether apparent bias, having not been raised in the lower court, could be adopted on appeal Type of Oral Result / Order Delivered: Oral Judgment or Decision Result / Order: [Oral delivery]

1.The appeal is allowed.

2.The order of the trial judge striking out the petition is set aside.

3.The hearing of the petition and the motion to strike out is remitted to the High Court to be heard by a different judge expeditiously.

4.Costs to the appellant in the court below and on appeal to be assessed if not agreed within 28 days. Reason: The Court will provide written reasons.