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Newton Spence and Peter Hughes V the Queen
SAINT VINCENT & THE GRENADINES IN THE COURT OF APPEAL CRIMINAL APPEAL NO. 20 OF 1998 BETWEEN: NEWTON SPENCE Appellant and THE QUEEN Respondent and SAINT LUCIA IN THE COURT OF APPEAL CRIMINAL APPEAL NO. 14 OF 1997 BETWEEN: PETER HUGHES Appellant and THE QUEEN Respondent Before: The Hon. Sir Dennis Byron Chief Justice The Hon. Mr. Albert Redhead Justice of Appeal The Hon. Mr. Adrian Saunders Justice of Appeal (Ag.) Appearances: Mr. J. Guthrie QC, Mr. K. Starmer and Ms. N. Sylvester for the Appellant Spence Mr. E. Fitzgerald QC and Mr. M. Foster for the Appellant Hughes Mr. A. Astaphan SC, Ms. L. Blenman, Solicitor General, Mr. James Dingemans, Mr. P. Thompson, Mr. D. Browne, Solicitor General, Dr. H. Browne and Ms. S. Bollers for the Respondents -------------------------------------------- 2000: December 7, 8; 2001: April 2. -------------------------------------------- JUDGMENT [1] BYRON, C.J.: This is a consolidated appeal, which concerns two appellants convicted of murder and sentenced to death in Saint Vincent and Saint Lucia respectively who exhausted their appeals against conviction and raised constitutional arguments against the mandatory sentence of death before the Privy Council which had not previously been raised in the Eastern Caribbean Court of Appeal. Background [2] The Privy Council granted leave to both appellants to appeal against sentence and remitted the matter to the Eastern Caribbean Court of Appeal to consider and determine whether (a) the mandatory sentence of death imposed should be quashed (and if so what sentence (including the sentence of death) should be imposed), or (b) the mandatory sentence of death imposed ought to be affirmed. -
Address by the Chief Justice of the Eastern Caribbean Supreme Court the Hon. Mr. Justice Hugh Rawlins to Mark the Opening of T
ADDRESS BY THE CHIEF JUSTICE OF THE EASTERN CARIBBEAN SUPREME COURT THE HON. MR. JUSTICE HUGH RAWLINS TO MARK THE OPENING OF THE LAW YEAR 2008/2009 CASTRIES SAINT LUCIA MONDAY, 15th SEPTEMBER 2008 PRODUCED BY THE COURT OF APPEAL OFFICE CASTRIES, SAINT LUCIA Introduction . Your Excellency, Dame Pearlette Louisy, Governor-General of Saint Lucia and Their Excellencies, the Heads of State of each of the OECS Member States and Territories;; . Honourable Heads of Government of each of the OECS Member States and Territories; . The Hon. Attorney-General & Minister of Justice, Senator Dr. Nicholas Frederick, and Hon. Attorneys-General and Ministers of Justice of each of the OECS Member States and Territories; . Honourable Ministers of Government of Saint Lucia and of each of the OECS Member States and Territories; . Honourable Judges of the Court of Appeal, Judges of the High Court and Masters ; . Honourable Leaders of the Opposition of the OECS Member States and Territories; . The Honourable Speakers of the Houses of Representatives, Presidents of the Senates and Members of Parliament of each of the OECS Member States and Territories; . Chief/Senior Magistrates and Magistrates of the OECS; . The Chief Registrar, Deputy Chief Registrar and Registrars of the Eastern Caribbean Supreme Court; . The President of the OECS Bar Association and Presidents of constituent Bar Associations; 2 . Learned members of the Inner Bar of each of the OECS Member States and Territories; . Members of the Utter Bar, learned in the Law, of each of the OECS Member States and Territories; . Commissioners of Police, Police Officers and Heads of Correctional Facilities of St. -
Paying Homage to the Right Honourable Sir C.M. Dennis Byron Meet the Team Chief Editor CAJO Executive Members the Honourable Mr
NewsJuly 2018 Issue 8 Click here to listen to the theme song of Black Orpheus as arranged by Mr. Neville Jules and played by the Massy Trinidad All Stars Steel Orchestra. Paying Homage to The Right Honourable Sir C.M. Dennis Byron Meet the Team Chief Editor CAJO Executive Members The Honourable Mr. Justice Adrian Saunders Chairman Contributors Mr. Terence V. Byron, C.M.G. The Honourable Justice Mr. Adrian Saunders Madam Justice Indra Hariprashad-Charles Caribbean Court of Justice Retired Justice of Appeal Mr. Albert Redhead Mr. Justice Constant K. Hometowu Vice Chairman Mr. Justice Vagn Joensen Justice of Appeal Mr. Peter Jamadar Trinidad and Tobago Graphic Artwork & Layout Ms. Danielle M Conney Sir Marston Gibson, Chief Justice - Barbados Country Representativesc Chancellor Yonnette Cummings-Edwards - Guyana Mr. Justice Mauritz de Kort, Vice President of the Joint Justice Ian Winder - The Bahamas Court of The Dutch Antilles Registrar Shade Subair Williams - Bermuda; Madam Justice Sandra Nanhoe - Suriname Mrs. Suzanne Bothwell, Court Administrator – Cayman Madam Justice Nicole Simmons - Jamaica Islands Madam Justice Sonya Young – Belize Madam Justice Avason Quinlan-Williams - Trinidad and Tobago c/o Caribbean Court of Justice Master Agnes Actie - ECSC 134The CaribbeanHenry Street, Association of Judicial Of�icers (CAJO) Port of Spain, Chief Magistrate Christopher Birch – Barbados Trinidad & Tobago Senior Magistrate Patricia Arana - Belize Registrar Musa Ali - Caribbean Competition Commit- 623-2225 ext 3234 tee - Suriname [email protected] In This Issue Editor’s Notes Pages 3 - 4 Excerpts of the Family Story Pages 5 - 7 The Different Sides of Sir Dennis Pages 8 - 9 My Tribute to the Rt. -
Annual Report 2000
Eastern Caribbean Supreme Court Report 2000-2003 Anguilla, Antigua and Barbuda, The British Virgin Islands, The Commonwealth of Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines 1 Mission Statement “Delivery of justice independently by competent officers in a prompt, fair, efficient and effective manner”. 2 Contents Introduction by the Honourable Chief Justice 4 Eastern Caribbean Judicial System 6 Members of the Judiciary 8 Developments and Initiatives Department of Court Administration 14 Judicial Training 18 Mediation 22 Court of Appeal Registry 23 Law Reports 24 Court Buildings 25 The Reform Programme 26 Funding of the Judiciary 35 Court Productivity 38 ECSC Contact Information 53 3 Introduction The Honourable Sir Dennis Byron Chief Justice This is the second Report of the Eastern Caribbean Supreme Court. The first was published for the period 1st August 1999 to 31st July 2000. As part of ensuring that the Court provides an account for the work, which it performs, a report will be published annually in time for the opening of the new law year. The Years 2000-2003 saw several significant developments in the Court as we continued with our reforms. In addition to the several administrative and procedural reforms taking place, the Court introduced a very successful pilot project in Court Connected Mediation. Mediation is fully in place in the member state of Saint Lucia and plans are in progress to replicate the activity in the other member states of the Court. The persons entrusted to manage the Court system take this job very seriously and we are determined to see the reforms bring about the desired results of dealing with cases in a just and timely manner. -
More Headlines
Friday, March 02, 2012 Today’s ScripturePage 1 Pray without ceasing. - 1 www.themontserratreporter.com Thessalonians Road works project moving forward Vol. XXVII No. 05 Week Ending Friday, March 02, 2012 Price $2.00 5:17 (NRSV) Cassell convicted: to serve 5 years in prison Judge talks of death threats on Facebook prior to sentencing ately following the guilty verdict, raised attorney and his company “a travesty of justice.” Following Cassell & Lewis Inc. were charged that after the sentence as one initially with 28 counts in a case news writer reported, Pleas for where the complainant was Owen leniency and a non-custodial sen- M. Rooney an American residing tence for convicted attorney War- in Los Angeles, California. ren Cassell fell on deaf ears…” There is a co-conspirator Two Montserrat attorneys- named in Colonel Walter Alexan- at-law, as well as one other, der Wood 111, an American for- a lady, wrote prior to the sen- merly of 9441 Lily Dhu Lane, Falls tencing, along with P. Austin Church, Virginia 22044 and now Bramble, a former chief minister residing in California. The case Attorney Warren Cassell Attorney Warren of Montserrat had given evidence surrounded these parties with of Cassell’s character and had regards to properties, lots of lands asked the court to consider he in Virgin Islands and a company lived with his wife and three Providence Estate Limited. young children. A senior member Before the trial of this Case in parish priest Fr. George Agger No. MNIHCR 2009/0011 which of the Roman Catholic community began on January 25, 2012, two on Montserrat, asked the court of the counts were thrown out to show Cassell compassion and while at the end of the prosecu- to be lenient because he is a first tion’s presentation and before time offender and to grant a non- closing of the case the Indictment custodial sentence. -
Governing Council of the United Nations Environment Programme Implementation of the Montevideo Programme III for the Period
UNITED NATIONS EP UNEP /GC.23/INF/10 Distr.: General Governing Council 21 December 2004 of the United Nations English only Environment Programme Twenty-third session of the Governing Council/ Global Ministerial Environment Forum Nairobi, 21–25 February 2005 Item 4 and 6 of the provisional agenda* Assessment, monitoring and early warning: state of the environment Follow-up to the World Summit on Sustainable Development: contribution of the United Nations Environment Programme to the forthcoming session of the Commission on Sustainable Development Implementation of the Montevideo Programme III for the period 2000–2005 Note by the Executive Director The annex to the present note comprises more detailed information relating to matters referred to in document UNEP/GC.23/3/Add.3 on the implementation of the Programme for the Development and Periodic Review of Environmental Law for the First Decade of the Twenty-first Century (Montevideo Programme III). The annex is being issued without formal editing. * UNEP/GC.23/1. K0473830 060105 For reasons of economy, this document is printed in a limited number. Delegates are kindly requested to bring their copies to meetings and not to request additional copies. 1 UNEP/GC.23/INF/10 Annex Contents Page Implementation of the Montevideo Programme III for the period 2000–2005 ...............................................1 Note by the Executive Director ...............................................................................................................................1 Mid-Term Review of the Montevideo -
ASIAN VILLAGE ANTIGUA LIMITED Third Respondent
ANTIGUA AND BARBUDA IN THE COURT OF APPEAL CIV. APP. NO.20A OF 1997 BETWEEN: BALDWIN SPENCER Appellant and THE ATTORNEY-GENERAL OF ANTIGUA AND BARBUDA First Respondent LESTER BRYANT BIRD Second Respondent ASIAN VILLAGE ANTIGUA LIMITED Third Respondent Before: The Hon. Mr. C. M. Dennis Byron Chief Justice [Ag.] The Hon. Mr. Satrohan Singh Justice of Appeal The Hon. Mr. Albert Redhead Justice of Appeal Appearances: Dr. Fenton Ramsahoye, Q.C.; Mr. Cosmos Phillips, Q.C. Mr. Colin Derrick and Mr. Harold Lovell for the Appellant Mr. David Turner-Samuels, Q.C. and Mr. Anthony Astaphan for the first Respondent Mr. Karl Hudson Phillips, Q.C. and Mr. Anthony Astaphan for the second Respondent Mr. Donald Halstead for the third Respondent ------------------------------------------------- 1998: March 9; 10;11; 12; 13; April 8. ------------------------------------------------- Civil Practice and Procedure – Administrative law – Challenge by Opposition leader to legality of certain actions/courses taken by the Government – Principles governing summarily striking out actions – A-G of Duchy of Lancaster v London and North Western Railway Co. [1892] 3 Ch 279; Dyson v A-G [1911] 1 K.B. 410; Wenlock v Moloney [1965] 2 AER 871 considered; Williams and Humbert v W and H Trademarks [1986] 1 AC 368 applied – Whether a cause of action was disclosed on allegation of constitutional violations, fraud, conspiracy and the commission of various torts of public mischief committed by the government – Cross-appeal on the issue of locus standi and on the failure to award costs – Meaning ascribed to ‘discrimination’ as used in the constitution – Nielson v Barker [1982] 32 WIR 254 applied – Whether the action taken by the Government was for a ‘public purpose’ – Hamabai Framjee Petit v Secretary of State for India [1914] LR P.C. -
Annual Judicial Conference [Ajc] 2005
The Judicial Education Institute (JEI) Of the Eastern Caribbean Supreme Court (ECSC) FACILITATORS Ms. Cheryl Corbin ANNUAL JUDICIAL CONFERENCE [AJC] 2005 August 2-4, 2005 Rex St. Lucian Resort Reduit, Gros-Islet St. Lucia nd DAY ONE – Tuesday 2 August 2005 LIST OF PARTICIPANTS 9.00 – 9.30 “ AJC 2005 - Setting the Stage” Name Country Designation Reaffirming raison d’etre for Hon. Brian Alleyne, SC St. Lucia Chief Justice [Ag.] AJC/Institutionalizing the Hon. Christopher Gardner, QC Turks & Caicos Chief Justice AJC/Collegiality with other judiciaries etc. Hon. Michael Gordon, QC St. Lucia COA Judge By the Acting Chief Justice Hon. Denys Barrow, SC St. Lucia COA Judge Hon. Brian Alleyne, SC Hon. Albert Redhead St. Lucia HC Judge Hon. Suzie d’Auvergne St. Lucia HC Judge (Retired) Choice of Conference Theme/Objective Hon. Ian Mitchell, QC St. Lucia HC Judge (Retired) By Chairman JEI, Hon. Hugh Rawlins Hon. Kenneth Benjamin Grenada HC Judge Hon. Indra Charles B.V.I. HC Judge Hon. Frederick Bruce-Lyle St. Vincent HC Judge Objectives: Hon. Hugh Rawlins B.V.I. HC Judge 1.Identify the goals of an annual judicial Hon. Davidson Baptiste St. Kitts HC Judge Conference. Hon. Ola Mae Edwards S. Lucia HC Judge 2.Identify the objective of this year’s conference. Hon. Rita Olivetti Antigua HC Judge 3.Identify the relevance of this year’s theme. Hon. Errol Thomas Antigua & Barbuda HC Judge Hon. Janice Creque Anguilla HC Judge Session Chair Hon. Louise Blenman Antigua & Barbuda HC Judge Hon. Michael Gordon, QC, Hon. Clare Henry-Wason Dominica HC Judge Hon. -
In the Eastern Caribbean Supreme Court in the High Court of Justice Colony of Montserrat (Civil) A.D 2014 Claim No: Mnihcv201210
IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE COLONY OF MONTSERRAT (CIVIL) A.D 2014 CLAIM NO: MNIHCV201210012 BETWEEN: BRENDA OSBORNE Claimant and (1) AUDITH OSBORNE (2) JOHN PATRICK OSBORNE (as Administrators of the Estate John Alfred Osborne [deceased)) Defendants Appearances: Mr. Emile Ferdinand Q.C for the Claimant Mr. Jean Kelsick with him Mr. David Brandt for the Defendants Ms. Jean Dyer with him 2014: January 27 , 28 2014 April 04 Judgment [1] Redhead, J. (Ag): The Claimant Brenda Osborne, a Medical Doctor, is the daughter of John Alfred Osborne deceased. John Alfred Osborne was a politician and was Chief Minister of Montserrat for many years. He died on 11 th January, 2011 . John Alfred Osborne was married twice . By his first marriage he had four children Joan, Shirley, David and the Claimant who was the youngest child of the first union . [2] In the early 2000, John Alfred Osborne was married to the First Defendant, that union produced another four children John , Anderson , Tuyen and Tarique. 1 [3] Mr. John Alfred Osborne made a will dated 11th July, 2010, The first and second Defendants are administrators of the estate of John Alfred Osborne, [4] By his last will and testament he devised as follow:- "From my estate including are money, land wherever i.e, maybe to be distributed as written, My daughter Brenda Osborne is to be given $1,500,000,00 EC dollars because of her special interest in me, Joan, Shirley, Shadie, Ruthlyn, is to be given $1,000,000,00 dollars each, David $1 ,OOO,OOQ,QQ, All other monies and land as far as my other four children John, Andison, Tuyen and Tarique for their education and support after account debts are paid whatever is left of my entire estate is to be given to my wife Audith Osborne for her maintenance of herself and her four children, Monies are invested in Bank of Montserrat, Anguilla National Bank, Caribbean Commercial Bank, Bank of Anguilla, SI. -
Training STATEMENT of WORK PURPOSE of the EVALUATION REPORT on SPECIFIC COMPONENTS of PROJECT (A) Case Reponsflextbooks (0) Contribution of Other Donors (C) Lmeliness
I I ' CONTENTS - EXECUTIVE SUMMARY Background Context, Rationale, Strategy Context Rationale Strategy DURATION AND METHODOLOGY SOCIAL SfTUATlON NON PRl MARY BENEFiClARl ES PROJECT ELEMENiS UWI Administration Project Design financial Administration Office of the Project Director Deputy Project Director USAID Project Manager MAJOR COMPONENTS OF THE PROJECT Law Library Development Regional Technical Assistance and Training STATEMENT OF WORK PURPOSE OF THE EVALUATION REPORT ON SPECIFIC COMPONENTS OF PROJECT (A) Case Reponsflextbooks (0) Contribution of Other Donors (C) lmeliness. Appropriateness, Effectiveness of Delivery of RTA and Training (a) Magistrate's Training ----- ---- " Ti-. (b) Police Frcsecutor Train~ng (c) Para legal Training (d) Teleconferencrng under UWlDlTE (e) Sub Grant to OCCBA on Legal Aid (0) ASSESSMENT OF POUCY CHANGES, LEGlSLATlVE TRAINING i) Retirement Ages/Post Retirement Practice ii) Increasing Share of Estimates iii) Commitment to developing Legal Aid iv) Commitment to Law RevisionlReform v) Commitment to Modernizing Document filing - Search Fee Structure vi) Court Fees - User Fees for Libraries (E) PROGRESS IN IMPLEMENTlNG COUNTRY SPECIFIC ACTIVITI ES ANTIGUA AND BARBUDA Court Renovattons etc. Assistance to Bar Association Assitance to OECS Court of Appeal Public Education Programmes Continuing Legal Education Law Revision/Reform Training Constraints to Further Achievement BELIZE Court Renovations etc. Central Law Library Assistance to Bar Assoc~at~on Training Public Education Continuing Legal Educatton Research Assistance to Judges Law Revision/Law Reform Constraints to Further Achievement DOMINICA Court Renovations etc. Essential Commodity Procurement Assistance to local Bar Association Assistance to OECS Court of Appeal Training Law Revision/Reform Constraints to further Achievement GRENADA Court Renovations etc. Assistance to local Bar re Legal Aid Assistance to OECS Court of Appeal Law RevisioniReform Training Constraints to further Achievements GUYANA Legal Aid Development Constraints to further Development ST. -
Address by the Honourable Chief Justice [Ag.] of the Eastern Caribbean Supreme Court Hon. Brian Alleyne S.C. to Mark the Openin
ADDRESS BY THE HONOURABLE CHIEF JUSTICE [AG.] OF THE EASTERN CARIBBEAN SUPREME COURT HON. BRIAN ALLEYNE S.C. TO MARK THE OPENING OF THE LAW YEAR 2005/2006 TORTOLA BRITISH VIRGIN ISLANDS TUESDAY, 20th SEPTEMBER 2005 Protocol List Your Excellency, Mr. Thomas Macan, Governor of the British Virgin Islands Dr. the Hon. Orlando Smith, Chief Minister of the British Virgin Islands Ms. Dancia Penn Q.C., Deputy Governor of the British Virgin Islands Their Excellencies in the various courts who are sharing in this simulcast Heads of Government of the OECS The Honourable Speaker of the House and other Members of Parliament and of the Executive in the various courts The Honourable Judges of the Eastern Caribbean Supreme Court; The Attorney-General, Hon. Cherno Jallow and Hon. Attorneys General of the OECS The Acting Chief Registrar, Registrars and Deputy Registrars of the Eastern Caribbean Supreme Court Chief/Senior Magistrates and Magistrates of the OECS Learned members of the Inner Bar The Presidents of the OECS Bar Association and its constituent Bar Associations All other Members of the Legal fraternity Commissioners of Police and Police Officers Distinguished Guests 2 Citizens of the Eastern Caribbean Ladies and Gentlemen It gives me great pleasure to deliver what is my inaugural address to mark the opening of a Law Year in our jurisdiction. This is the sixth year that the opening of the Law Year has been marked by simultaneous sittings in each Member State and Territory within our jurisdiction by computerized video link to each courthouse. To date simulcast addresses have been relayed from St. -
Liquidations: Don't Stop at the Caribbean
July 2012 Don’t stop at the Caribbean! Companies in offshore jurisdictions are often used in complex structures and are frequently encountered by parties who have commenced litigation or asset tracing exercises in onshore jurisdictions. Due to the perception that no information is Whilst companies can be wound up on a solvent available in offshore jurisdictions or that the or insolvent basis by their members, this article cost of obtaining it is prohibitive, parties may concentrates on a company being wound up on decide not to take steps to pursue matters an insolvent basis by a creditor. after a Caribbean incorporated company is It should be noted that other options may be available to creditors, such as the appointment encountered. of a Provisional Liquidator or a Receiver; these options are however not explored in this This is a mistaken view, as this article article, with the exception of a Receiver in demonstrates, a Liquidator, or a Receiver in Nevis. the case of Nevis, has considerable powers available to enable investigations to be This article does not explore other options undertaken into a company’s affairs and those available to parties such as Norwich Pharmacal of individuals or entities associated with the orders or Bankers Trust Co v Shapira orders. company and therefore creditors should not stop their investigations when they encounter Publicly available information these jurisdictions. The table over the page provides an indication This article concentrates on three jurisdictions of the information which is publicly available, within the Eastern Caribbean, the British Virgin from various sources, in the three jurisdictions.