January 16th, 2009

COURT OF APPEAL SITTING th ST. CHRISTOPHER CIRCUIT Friday 16 January, 2009 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice Her Ladyship the Hon. Ola Mae Edwards, Justice of Appeal His Lordship the Hon. Michael Gordon QC Justice of Appeal [Ag.] APPLICATIONS The Chief of Police v Calvin Nias [Civil Appeal No. 10 of 2007] Appearances Applicant Mr. Damien Kelsick Respondent Mr. Arudranauth Gossai Issue Application for leave to appeal to the Privy Council. Result Provisional leave granted to the Applicant to appeal to Her Majesty in Council. Order to be drawn up for settlement by counsel for the Applicant. Reason Romeo Cannonier v The Director of Public Prosecutions [Criminal Appeal No. 2 of 2008] Appearances: Appellant: Mr. Reginald James Respondent: Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional leave to appeal to her Majesty in Council against a decision of the Court of Appeal dismissing appeal dated 30th October 2008 – Application for stay of execution. Result Application for leave to appeal to her Majesty in Council is dismissed. Application for stay of execution granted to the 16th February 2009.

Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Ruedeney Williams v The Director of Public Prosecutions [Criminal Appeal No. 19 of 2008] Appearances: Appellant Mr. Jason Hamilton for the applicant Ruedeney Williams Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of the Court of Appeal dismissing appeal dated 30th October 2008 - Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16th February, 2009. Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Sheldon Isaac v The Director of Public Prosecutions [Criminal App. No. 20 of 2008] Appearances: Appellant Mr. Reginald James Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of Court of Appeal dismissing appeal dated 30th October 2008 - Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16th February, 2009. Reason Court has no jurisdiction under section 99 (c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the

interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Romeo Cannonier v The Director of Public Prosecutions [Criminal Appeal No. 21 of 2008] Appearances: Appellant Mr. Reginald James Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of Court of Appeal dismissing appeal dated 30th October 2008 - Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16 th February, 2009. Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Louis Gardiner v The Director of Public Prosecutions [Criminal Appeal No. 22 of 2008] Appearances: Appellant Mr. Hesketh Benjamin Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of Court of Appeal dismissing appeal dated 30th October 2008 - Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16th February, 2009. Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules.

1 ST. CHRISTOPHER CIRCUIT Friday 16 COURT OF APPEAL SITTING th Romeo Cannonier v The Director of Public Prosecutions January, 2009 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice Her Ladyship the Hon. Ola Mae Edwards, Justice of Appeal His Lordship the Hon. Michael Gordon QC Justice of Appeal [Ag.] APPLICATIONS The Chief of Police v Calvin Nias [Civil Appeal No. 10 of 2007] Appearances Applicant Mr. Damien Kelsick Respondent Mr. Arudranauth Gossai Issue Application for leave to appeal to the Privy Council. Result Provisional leave granted to the Applicant to appeal to Her Majesty in Council. Order to be drawn up for settlement by counsel for the Applicant. Reason [Criminal Appeal No. 2 of 2008] Appearances: Appellant: Mr. Reginald James Respondent: Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional leave to appeal to her Majesty in Council against a decision of the Court ofAppeal dismissing appeal dated 30thOctober 2008–Application for stay

of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution granted to the 16th February, 2009. 2 Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Ruedeney Williams v The Director of Public Prosecutions [Criminal Appeal No. 19 of 2008] Appearances: Appellant Mr. Jason Hamilton for the applicant Ruedeney Williams Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of the Court of Appeal dismissing appeal dated 30thOctober 2008 Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay

of execution. is granted to the 16th February, 2009. Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Sheldon Isaac v The Director of Public Prosecutions [Criminal App. No. 20 of 2008] Appearances: Appellant Mr. Reginald James Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of Court of Appeal dismissing appeal dated 30thOctober 2008 Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16th Reason Court has no jurisdiction under section 99 (c) of the Constitution to grant conditional leave to

appeal to her Majesty in Council. However, in the February, 2009.3 interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules. Romeo Cannonier v The Director of Public Prosecutions [Criminal Appeal No. 21 of 2008] Appearances: Appellant Mr. Reginald James Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of Court of Appeal dismissing appeal dated 30th Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16 October 2008 -Application for stay of execution. th February, 2009. Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court

thinks it fair to give the Applicant reasonable time within which to comply with the rules. Louis Gardiner v The Director of Public Prosecutions [Criminal Appeal No. 22 of 2008] Appearances: Appellant Mr. Hesketh Benjamin Respondent Ms. Pauline Hendrickson with Mr. Reynold Benjamin and Ms. Rhonda Nisbett Browne Issue Conditional Leave to appeal to Her Majesty in Council against a decision of Court of Appeal dismissing appeal dated 30thOctober 2008 -Application for stay of execution. Result Application for leave to appeal to Her Majesty in Council is dismissed. Application for stay of execution is granted to the 16th February, 2009. Reason Court has no jurisdiction under section 99(c) of the Constitution to grant conditional leave to appeal to her Majesty in Council. However, in the interests of justice and having regard to the rules, the Court thinks it fair to give the Applicant reasonable time within which to comply with the rules.