December 6th – 8th 2010

COURT OF APPEAL SITTING ANTIGUA and BARBUDA Monday 6th December to Wednesday 8th December 2010 Date: Monday 6th December 2010 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice Her Ladyship the Hon. Janice George-Creque, Justice of Appeal His Lordship the Hon. Davidson Baptiste, Justice of Appeal STATUS HEARING HIGH COURT CRIMINAL APPEALS Case Name: Jerry Fubler v The Queen [Crim. Appeal No. 9 of 2004] Appearances: Appellant: Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong –Director of Public Prosecutions Issue: Appeal against sentence - possession of drugs Result: The appeal is withdrawn and accordingly dismissed Reason: Attorney for appellant informed the court that his client was no longer interested in prosecuting the appeal and that the Director of Public Prosecutions was also so informed Case Name: G90 Building Systems Ltd. v Leonard Drew et al [Civ. App. No. 28 of 2010]

Appearances: Appellant: Dr. David Dorsette Respondent: Mr. Charlesworth Browne Issue: Appeal against judgment summons order Result: The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 for report on settlement discussions Reason: Attorneys for both sides informed the court of settlement discussions HIGH COURT CRIMINAL APPEALS AGAINST CONVICTION Case Name: Javier George v The Queen [Crim. App. No. 3 of 2006] Appearances: Appellant: Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong – Director of Public Prosecutions Issue: Appeal against conviction - manslaughter Result: The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 at request of counsel for the parties Reason: Counsel for the parties agree that the matter might be dispensed with, without trial Case Name: Kevil Nelson v The Queen [Crim. App. No. 15 of 2009] Appearances: Appellant: Sir Richard Cheltenham QC with Mr. Cosberth

Cumberbatch Respondent: Mr. Anthony Armstrong – Director of Public Prosecutions Issue: Appeal against conviction - murder Result: The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 Reason: Counsel for the appellant made a request for the matter to be traversed so that an application to adduce fresh evidence could be filed and this request was not opposed by the Director of Public Prosecutions Case Name: Levi Lamazon v The Queen [Crim. App. No. 2 of 2007] Appearances: Appellant: Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong – Director of Public Prosecutions Issue: Appeal against conviction Result: The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 Reason: The Director of Public Prosecutions requested that the matter be traversed to the next sitting since counsel for the appellant provided him with good reason for the appellant’s absence from court APPLICATIONS Case Name: Alexander M. Fundora v Stanford International Bank Ltd. Ralph Steven Janvey v Alexander M. Fundora [Civ. App. No. 8 of 2009] Appearances:

Appellant: Mr. Craig Christopher for Mr. Alexander Fundora Mrs. Tracy Benn-Roberts for Mr. Ralph Steven Janvey Respondent: Mr. Kendrickson Kentish for the Liquidators of Stanford International Bank Miss Jasmin Wade led by Mr. Paul Webster QC for the 3rd Respondent (FSRC) Issue: Application for leave to adduce fresh evidence Result: By consent the hearing of application to adduce fresh evidence is adjourned to the sitting of the Court of Appeal in Antigua and Barbuda in September 2011 Reason: The parties are in the process of discussions which may obviate the need for the hearing of the application. HIGH COURT CIVIL APPEALS Case Name: Charles Joseph v Antigua Commercial Bank [Civ. App. No. 24 of 2010] Appearances: Appellant: In person Respondent: Mrs. Tracy Benn-Roberts Issue: Appeal against decision of Justice David Harris Result: (1) The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 (2) Appellant to file and serve supplemental record which will contain transcript (3) File and serve supplemental bundle within 14 days of receipt of notice from the Registrar

Reason: The appeal was not ripe for hearing. APPLICATIONS Case Name: Caribbean Star Airlines Ltd. v Elliott Arnim Streete [Civ. App. No. 33 of 2008] Appearances: Appellant: Mr. Hugh Marshall Respondent: Dr. David Dorsette Issue: Appeal against decision of the Industrial Court Result: (1) Application is granted (2) Appellant shall file record of appeal on or before 13 December, 2010 (3) Appellant shall file skeleton arguments on or before 29 December, 2010 (4) Respondent shall file skeleton arguments on or before 10 January, 2011 (5) Unless there is compliance in paragraph 2 of this Order the appeal stands dismissed (6) Costs of the application to be costs in the appeal Reason: Directions were necessary in order to prepare the case for the appeal hearing. Case Name: Caribbean Star Airlines Ltd. v Keith Thompson et al [Civ. App. No. 34 of 2008] Appearances: Appellant: Mr. Hugh Marshall Respondent: Dr. David Dorsette Issue: Determination of costs

Result: Appellant shall pay costs in the sum of $13,333.33 to applicant/respondent in these appeal proceedings Reason: That sum is 2/3 of the costs in the High Court as provided by CPR 62.12. Case Name: Hyacinth Pestaina v Dickenson Bay Management Ltd. (DBA Sandals Antigua) [Civ. App. No. 21 of 2010] Appearances: Appellant: Dr. David Dorsette Respondent: Miss Veronica Thomas Issue: Application for leave to appeal to Her Majesty in Council Result: The application for leave to appeal to Her Majesty in Council is dismissed with no order as to costs Reason: The court was of the view that there was no good grounds for the appeal. This not being an appeal as of right. Case Name: Joseph W. Horsford v Geoffrey Croft [Civ. App. No. 29 of 2010] Appearances: Appellant: In person Respondent: Mrs. Shahida Ali-Schneider Issue: Application for stay of execution Result: The hearing for the application for stay of execution is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 for report with no order as to costs

Reason: N/A HIGH COURT CIVIL APPEALS Case Name: Igors Kippers et al v Stanford International Bank Ltd. [Civ. App. No. 25 of 2010] Appearances: Appellant: Mr. Kelvin John led by Sir Richard Cheltenham QC Respondent: Mr. Kendrickson Kentish Issue: Case Management Result: (1) Solicitors for the respondent shall file and serve skeleton arguments on or before 17 January, 2010 (2) Hearing of this appeal is scheduled for the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 APPLICATIONS Case Name: Rendezvous Company v Jane Finch [Civ. App. No. 30 of 2010] Appearances: Appellant: Mrs. Fidella Corbin-Lincoln Respondent: Miss Samantha Marshall Issue: Application for stay of execution Result: (1) Application for stay of execution is dismissed (2) Any sums that are realized in the enforcement

process prior to determination of the appeal shall be paid into an interest bearing escrow account (3) Applicant to pay $750 costs for today to the respondent Case Name: ABI Bank Limited et al v Annette Tuitt [Civ. App. No. 44 of 2010] Appearances: Appellant: Mr. Conliffe Clarke Respondent: Mr. Hugh Marshall Issue: Application for leave to appeal Result: (1) Application granted by consent (2) Applicant shall serve notice of appeal on the respondent’s attorney within 7 days of the date of this order (3) Costs be in the appeal Case Name: Marydith Gordon v Jeanine Carlton [Civ. App. No. 5 of 2010] Appearances: Appellant: Mr. Laurence Daniels Respondent: Miss Samantha Marshall Issue: Application for an extension of time to appeal and stay of execution Result: The appeal is withdrawn and accordingly dismissed

HIGH COURT CIVIL APPEALS Case Name: Diana Lynn Hendricks v Thyra Hendricks-Henry [Civ. App. No. 31 of 2009] Appearances: Appellant: No appearance Respondent: Mr. Laurence Daniels Issue: Application for leave to appeal interlocutory order of Justice Mario Michel Result: (1) The matter is listed for report at the sitting of the Court of Appeal in Antigua and Barbuda in September 2011 (2) Applicant shall pay $2000 costs to the Respondent in all of these proceedings Case Name: Pascal Williams et al v Tyrone Herbert et al [Civ. App. No. 27 of 2009] Appearances: Appellant: Miss E. Denecia Thomas Respondent: Mrs. Maureen Payne-Hyman Issue: Appeal against decision of Justice David Harris Result: (1) Solicitors for the parties shall agree on documents to be included in the record of appeal on or before 20 December, 2010 (2) Solicitor for the appellant shall file and serve Record of Appeal on or before 14 January, 2011 (3) Solicitor for the appellant shall file and serve

skeleton arguments on or before 24 January, 2011 (4) Solicitor for the respondent shall file and serve skeleton arguments in reply on or before 31 January, 2011 (5) Appeal is listed for hearing at the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 Date: Tuesday 7th December 2010 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice Her Ladyship the Hon. Ola-Mae Edwards, Justice of Appeal Her Ladyship the Hon. Janice George-Creque, Justice of Appeal HIGH COURT CIVIL APPEALS Case Name: Lucine Hanley v Yvonne Elizabeth Hanley [Civ. App. No. 4 of 2010] Appearances: Appellant: Dr. David Dorsette Respondent: Miss Veronica Thomas Issue: Appeal against decision of Justice Mario Michel Result: (1) The appeal is allowed to the extent that paragraphs 1 and 2 of the Order of the Judge are set aside (2) By consent paragraph 3 of said Order is varied to the extent that the respondent Mrs. Hanley shall have all the furniture in the matrimonial home or full value thereof (3) Paragraph 4 of the Order is varied to the extent that the following words “or until further order” are added at the end of the paragraph (4) Application for stay is withdrawn and accordingly dismissed (5) The appeal against cost Order in paragraph 5 is

dismissed (6) The parties shall meet their own costs in the appeal proceedings Case Name: Arlene Winter v Stanford Development Company Ltd. [Civ App. No. 11 of 2010] Appearances: Appellant: Dr. David Dorsette Respondent: Mr. Hugh Marshall Issue: Appeal against the Order of Justice David Harris Result: (1) Appeal is allowed and the Order of the Judge of 9 February, 2010 is fully set aside (2) This case is remitted to the High Court for case management by a Judge as a matter of urgency (3) The Respondent shall pay $5000 costs to the Appellant in this Court and in the Court below Date: Wednesday 8th December 2010 Coram: Her Ladyship the Hon. Ola-Mae Edwards, Justice of Appeal Her Ladyship the Hon. Janice George-Creque, Justice of Appeal His Lordship the Hon. Davidson Baptiste, Justice of Appeal - Case Name: Steadroy C. O. Benjamin v Commissioner of Police et al [Civil Appeal No. 23 of 2009] Appearances: Appellant: Mr. Anthony Astaphan SC

Respondent: Mr. Douglas Mendes with Mr. Kendrickson Kentish Issue: Appeal against decision of Justice David Harris Result: Judgment reserved to be delivered on a date to be notified

1COURT OF APPEAL SITTING ANTIGUA and BARBUDA Monday 6th December to Wednesday 8th December 2010 Date: Monday 6th December 2010 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice Her Ladyship the Hon. Janice George-Creque, Justice of Appeal His Lordship the Hon. Davidson Baptiste, Justice of Appeal STATUS HEARING HIGH COURT CRIMINAL APPEALS Case Name: Jerry Fubler v The Queen [Crim. Appeal No. 9 of 2004]Appearances: Appellant: Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong –Director of Public Prosecutions Issue: Appeal against sentence – possession of drugs Result: The appeal is withdrawn and accordingly dismissed Reason: Attorney for appellant informed the court that his client was no longer interested in prosecuting the appeal and that the Director of Public Prosecutions was also so informed Case Name: G90 Building Systems Ltd. v Leonard Drew et al [Civ. App. No. 28 of 2010] 2Appearances: Appellant: Dr. David Dorsette Respondent: Mr. Charlesworth Browne Issue: Appeal against judgment summons order Result: The matter is

traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 for report on settlement discussions Reason: Attorneys for both sides informed the court of settlement discussions HIGH COURT CRIMINAL APPEALS AGAINST CONVICTION Case Name: Javier George v The Queen [Crim. App. No. 3 of 2006] Appearances: Appellant: Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong – Director of Public Prosecutions Issue: Appeal against conviction – manslaughter Result: The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 at request of counsel for the parties Reason: Counsel for the parties agree that the matter might be dispensed with, without trial Case Name: Kevil Nelson v The Queen [Crim. App. No. 15 of 2009] Appearances: Appellant: Sir Richard Cheltenham QC with Mr. Cosberth 3Cumberbatch Respondent: Mr. Anthony Armstrong – Director of Public Prosecutions Issue: Appeal against conviction – murder Result: The matter is traversed to the

next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 Reason: Counsel for the appellant made a request for the matter to be traversed so that an application to adduce fresh evidence could be filed and this request was not opposed by the Director of Public Prosecutions Case Name: Levi Lamazon v The Queen [Crim. App. No. 2 of 2007] Appearances: Appellant: Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong – Director of Public Prosecutions Issue: Appeal against conviction Result: The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 Reason: The Director of Public Prosecutions requested that the matter be traversed to the next sitting since counsel for the appellant provided him with good reason for the appellant’s absence from court APPLICATIONS Case Name: Alexander M. Fundora v Stanford International Bank Ltd. Ralph Steven Janvey v Alexander M. Fundora [Civ. App. No. 8 of 2009] Appearances:

4Appellant: Mr. Craig Christopher for Mr. Alexander Fundora Mrs. Tracy Benn-Roberts for Mr. Ralph Steven Janvey Respondent: Mr. Kendrickson Kentish for the Liquidators of Stanford International Bank Miss Jasmin Wade led by Mr. Paul Webster QC for the 3rdRespondent (FSRC) Issue: Application for leave to adduce fresh evidence Result: By consent the hearing of application to adduce fresh evidence is adjourned to the sitting of the Court of Appeal in Antigua and Barbuda in September 2011 Reason: The parties are in the process of discussions which may obviate the need for the hearing of the application. HIGH COURT CIVIL APPEALS Case Name: Charles Joseph v Antigua Commercial Bank [Civ. App. No. 24 of 2010] Appearances: Appellant: In person Respondent: Mrs. Tracy Benn-Roberts Issue: Appeal against decision of Justice David Harris Result: (1) The matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 (2) Appellant to file and serve supplemental record

which will contain transcript (3) File and serve supplemental bundle within 14 days of receipt of notice from The Registrar 5Reason: The appeal was not ripe for hearing. APPLICATIONS Case Name: Caribbean Star Airlines Ltd. v Elliott Arnim Streete [Civ. App. No. 33 of 2008] Appearances: Appellant: Mr. Hugh Marshall Respondent: Dr. David Dorsette Issue: Appeal against decision of the Industrial Court Result: (1) Application is granted (2) Appellant shall file record of appeal on or before 13 December, 2010 (3) Appellant shall file skeleton arguments on or before 29 December, 2010 (4) Respondent shall file skeleton arguments on or before 10 January, 2011 (5) Unless there is compliance in paragraph 2 of this Order the appeal stands dismissed (6) Costs of the application to be costs in the appeal Reason: Directions were necessary in order to prepare the case for the appeal hearing. Case Name: Caribbean Star Airlines Ltd. v Keith Thompson et al [Civ. App. No. 34 of

2008] Appearances: Appellant Mr. Hugh Marshall Respondent: Dr. David Dorsette Issue: Determination of costs 6Result: Appellant shall pay costs in the sum of $13,333.33 to applicant/respondent in these appeal proceedings Reason: That sum is 2/3 of the costs in the High Court as provided by CPR 62.12. Case Name: Hyacinth Pestaina v Dickenson Bay Management Ltd. (DBA Sandals Antigua) [Civ. App. No. 21 of 2010] Appearances: Appellant: Dr. David Dorsette Respondent: Miss Veronica Thomas Issue: Application for leave to appeal to Her Majesty in Council Result: The application for leave to appeal to Her Majesty in Council is dismissed with no order as to costs Reason: The court was of the view that there was no good grounds for the appeal. This not being an appeal as of right. Case Name: Joseph W. Horsford v Geoffrey Croft [Civ. App. No. 29 of 2010] Appearances: Appellant: In person Respondent: Mrs. Shahida Ali-Schneider Issue: Application for stay of execution Result: The hearing

for the application for stay of execution is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 for report with no order as to costs 7Reason: N/A HIGH COURT CIVIL APPEALS Case Name: Igors Kippers et al v Stanford International Bank Ltd. [Civ. App. No. 25 of 2010] Appearances: Appellant: Mr. Kelvin John led by Sir Richard Cheltenham QC Respondent: Mr. Kendrickson Kentish Issue: Case Management Result: (1) Solicitors for the respondent shall file and serve skeleton arguments on or before 17 January, 2010 (2) Hearing of this appeal is scheduled for the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 APPLICATIONS Case Name: Rendezvous Company v Jane Finch [Civ. App. No. 30 of 2010] Appearances: Appellant: Mrs. Fidella Corbin-Lincoln Respondent: Miss Samantha Marshall Issue: Application for stay of execution Result: (1) Application for stay of execution is dismissed (2) Any sums that are realized in

the enforcement 8process prior to determination of the appeal shall be paid into an interest bearing escrow account (3) Applicant to pay $750 costs for today to the respondent Case Name: ABI Bank Limited et al v Annette Tuitt [Civ. App. No. 44 of 2010] Appearances: Appellant: Mr. Conliffe Clarke Respondent: Mr. Hugh Marshall Issue: Application for leave to appeal Result: (1) Application granted by consent (2) Applicant shall serve notice of appeal on the respondent’s attorney within 7 days of the date of this order (3) Costs be in the appeal Case Name: Marydith Gordon v Jeanine Carlton [Civ. App. No. 5 of 2010] Appearances: Appellant: Mr. Laurence Daniels Respondent: Miss Samantha Marshall Issue: Application for an extension of time to appeal and stay of execution Result: The appeal is withdrawn and accordingly dismissed 9HIGH COURT CIVIL APPEALS Case Name: Diana Lynn Hendricks v Thyra Hendricks-Henry [Civ. App. No. 31 of 2009] Appearances: Appellant: No appearance Respondent: Mr. Laurence

Daniels Issue: Application for leave to appeal interlocutory order of Justice Mario Michel Result: (1) The matter is listed for report at the sitting of the Court of Appeal in Antigua and Barbuda in September 2011 (2) Applicant shall pay $2000 costs to the Respondent in all of these proceedings Case Name: Pascal Williams et al v Tyrone Herbert et al [Civ. App. No. 27 of 2009] Appearances: Appellant: Miss E. Denecia Thomas Respondent: Mrs. Maureen Payne-Hyman Issue: Appeal against decision of Justice David Harris Result: (1) Solicitors for the parties shall agree on documents to be included in the record of appeal on or before 20 December, 2010 (2) Solicitor for the appellant shall file and serve Record of Appeal on or before 14 January, 2011 (3) Solicitor for the appellant shall file and serve 10skeleton arguments on or before 24 January, 2011 (4) Solicitor for the respondent shall file and serve skeleton arguments in reply on or before

31 January, 2011 (5) Appeal is listed for hearing at the next sitting of the Court of Appeal in Antigua and Barbuda in May 2011 Date: Tuesday 7th December 2010 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice Her Ladyship the Hon. Ola-Mae Edwards, Justice of Appeal Her Ladyship the Hon. Janice George-Creque, Justice of Appeal HIGH COURT CIVIL APPEALS Case Name: Lucine Hanley v Yvonne Elizabeth Hanley [Civ. App. No. 4 of 2010] Appearances: Appellant: Dr. David Dorsette Respondent: Miss Veronica Thomas Issue: Appeal against decision of Justice Mario Michel Result: (1) The appeal is allowed to the extent that paragraphs 1 and 2 of the Order of the Judge are set aside (2) By consent paragraph 3 of said Order is varied to the extent that the respondent Mrs. Hanley shall have all the furniture in the matrimonial home or full value thereof (3) Paragraph 4 of the Order is varied to the extent that the

following words “or until further order” are added at the end of the paragraph (4) Application for stay is withdrawn and accordingly dismissed (5) The appeal against cost Order in paragraph 5 is 11dismissed (6) The parties shall meet their own costs in the appeal proceedings Case Name: Arlene Winter v Stanford Development Company Ltd. [Civ App. No. 11 of 2010] Appearances: Appellant: Dr. David Dorsette Respondent: Mr. Hugh Marshall Issue: Appeal against the Order of Justice David Harris Result: (1) Appeal is allowed and the Order of the Judge of 9 February, 2010 is fully set aside (2) This case is remitted to the High Court for case management by a Judge as a matter of urgency (3) The Respondent shall pay $5000 costs to the Appellant in this Court and in the Court below Date: Wednesday 8th December 2010 Coram: Her Ladyship the Hon. Ola-Mae Edwards, Justice of Appeal Her Ladyship the Hon. Janice George-Creque, Justice of Appeal

His Lordship the Hon. Davidson Baptiste, Justice of Appeal – Case Name: Steadroy C. O. Benjamin v Commissioner of Police et al [Civil Appeal No. 23 of 2009] Appearances: Appellant: Mr. Anthony Astaphan SC 12Respondent: Mr. Douglas Mendes with Mr. Kendrickson Kentish Issue: Appeal against decision of Justice David Harris Result: Judgment reserved to be delivered on a date to be notified