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IN the CARIBBEAN COURT of JUSTICE Appellate Jurisdiction on APPEAL from the COURT of APPEAL of BELIZE CCJ
[2013] CCJ 5 (AJ) IN THE CARIBBEAN COURT OF JUSTICE Appellate Jurisdiction ON APPEAL FROM THE COURT OF APPEAL OF BELIZE CCJ Appeal No CV 7 of 2012 BZ Civil Appeal No 4 of 2011 BETWEEN BCB HOLDINGS LIMITED THE BELIZE BANK LIMITED APPELLANTS AND THE ATTORNEY GENERAL OF BELIZE RESPONDENT Before The Rt Honourable Mr Justice Byron, President And The Honourables Mr Justice Saunders Mme Justice Bernard Mr Justice Wit Mr Justice Anderson Appearances Mr Edward Fitzgerald QC, Mr Eamon Courtenay SC and Mrs Ashanti Arthurs-Martin for the Appellants Mr Michael Young QC, Ms Magalie Perdomo and Ms Iliana Swift for the Respondent JUDGMENT of The President and Justices Saunders, Bernard, Wit and Anderson Delivered by The Honourable Mr Justice Adrian Saunders and The Honourable Mr Justice Winston Anderson on the 26th day of July 2013 JUDGMENT OF THE HONOURABLE MR JUSTICE SAUNDERS [1] The London Court of International Arbitration (“the Tribunal”) determined that the State of Belize should pay damages for dishonouring certain promises it had made to two commercial companies, namely, BCB Holdings Limited and The Belize Bank Limited (“the Companies”). The promises were contained in a Settlement Deed as Amended (“the Deed”) executed in March 2005. The Deed provided that the Companies should enjoy, from the 1st day of April, 2005, a tax regime specially crafted for them and at variance with the tax laws of Belize. [2] This unique regime was never legislated but it was honoured by the State for two years until it was repudiated in 2008 after a change of administration in Belize following a General Election. -
Tribute to the Late Dr Joseph Samuel Nathaniel Archibald, QC the Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice
Tribute to the Late Dr Joseph Samuel Nathaniel Archibald, QC The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice Funeral Service of the Late Dr Joseph Samuel Nathaniel Archibald Tortola, British Virgin Islands 26 April 2014 Dr. Joseph Samuel Archibald, QC was a Saint Kittitian-born British Virgin Islander jurist,lawyer, registrar, magistrate, former Director of Public Prosecutions, and former Attorney General. Archibald was one of the first presidents of the BVI Bar Association, a position he held from 1986 until 1994. He also served as a founder and founding president of the Organisation of Eastern Caribbean States (OECS) Bar Association from 1991 until 1996. As president of the OECS Bar Association, Archibald oversaw the ethical standards and rules under which new solicitors and barristers must adhere to to practice before the Eastern Caribbean Supreme Court. Joseph Archibald was reappointed to a second term on the CARICOM Regional Judicial and Legal Services Commission in 2010. Remarks By The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice, on the occasion of The Funeral of the Late Dr Joseph Samuel Nathaniel Archibald 26 April 2014 On the 3rd day of April, 2014, Dr. Joseph Samuel Nathaniel Archibald, Q.C., without the preparation by any prolonged illness, peacefully passed away at his home at the young age of 80. Up to the end he had retained his youthful vigour, enthusiasm and interests with inexhaustible energy. He was born at Cayon Street in Basseterre on January 27th, 1934, to Mr. William and Mrs. Mildred Archibald. His parents were known for their geniality, industry and intelligence, traits that they passed on to their children. -
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. -
Ejll!E APR 2 2 2004 0 J:OSG1 / CENTRAL — 1.—
20/04 '04 20:23 FAX 1 212 9632848 ICTR COMCEN TAN2 EOSG @]001/002 V International Criminal Tribunal for Rwanda Tribunal Penal International pour le R\ Arusha International Conference Centre P.O.BOX 6016. Arusha, Tanzania - B.P. 6016, Arusha. Ti O NATIONS NATIONS UNIE3 Tel: 255 £7 250-1207-11 3504367-73 or 1 212 Q63 ZBSO Fax: 255 27 25CWOI FACS1 EMISSION — Date: 20 April 2004 Ref: ICTR/INFO-9-1-384 To: Mailing List From: Bocar Sy, Senior Public T Information Officer, External L Relations and Strategic C^- oM Planning Section Fax No.; Reply Fax: 255-27-2504373/4000 or 1-212-963-2848 Subject: Sir Charles Michael Dennis Byron Appointed as Permanent Judge of the ICTR 1. Please find attached Press release No 384 for your information. 2. Best regards. D) ^_ejLl!E APR 2 2 2004 0 _J:OSG1 / CENTRAL_ — 1.— Drafted by: Cleared by: (/ f No. of transmitted pages including cover sheet: ~Jtf 20/04 "04 TUE 13:24 [TX/RX NO 7016] ®001 20/04 '04 20:23 FAS 1 212 9632848 ICTR COMCEN TANZ EOSG 121002/002 International Criminal Tribunal for Rwanda Tribunal p£nal international pour le Rwanda PRESS RELEASE External Relations & Strategic Planning Section Arusha, 20 April 2004 UNITED NATIONS NATIONS UNIES Sir Charles Michael Dennis Byron Appointed as Permanent Judge of the ICTR The Secretary-General of the United Nations Kofi Annan has appointed Sir Charles Michael Dennis Byron of Saint Kitts and Nevis as a permanent Judge of the United Nations International Criminal Tribunal for Rwanda (ICTR). -
General Assembly Distr.: General 8 April 2004
United Nations A/INF/58/8 General Assembly Distr.: General 8 April 2004 Original: English Fifty-eighth session Letter dated 8 April 2004 from the Secretary-General addressed to the President of the General Assembly I have the honour to refer to your letter of 7 April 2004 concurring with my proposal to appoint Sir Charles Michael Dennis Byron as a permanent judge of the International Criminal Tribunal for Rwanda (annex). I have received a corresponding letter from the President of the Security Council. Accordingly, I have appointed Sir Dennis Byron as a permanent judge of the International Criminal Tribunal for Rwanda, effective today, for the remainder of the term of office of Judge Lloyd George Williams, which will expire on 24 May 2007. (Signed) Kofi A. Annan 04-31342 (E) 200404 A/INF/58/8 Annex Letter dated 7 April 2004 from the President of the General Assembly addressed to the Secretary-General I have the honour to refer to your letter of 2 April 2004 concerning the candidature of Sir Charles Michael Dennis Byron to replace Judge Lloyd George Williams, who resigned as a judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994, effective 31 March 2004 (see enclosure). In accordance with article 12 bis, paragraph 2, of the statute of the International Criminal Tribunal, I have reviewed the qualifications of Sir Dennis Byron and am pleased to inform you that I concur with the proposed appointment. -
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. -
7 May 2009 from Judge Patrick Robinson
~ t.'~ THE SECRETARY-G.ENERAL 19 June 2009 Dear Mr. President, I have the honour to transmit the attached letter dated ~ 7 May 2009 from Judge Patrick Robinson, President ofthe International Tribunal for the fanner Yugoslavia (ICTY) and the attached letter dated 29 May 2009 from Judge Dennis Byron, President ofthe International Criminal Tribunal for . Rwanda (ICTR). Both letters directly relate to the ability ofthe International Tribunals to implement their completion strategy. In his letter, President Robinson requests that the Security Council: (a) expands the membership ofthe Appeals Chamber by authorizing the President to redeploy four permanent judges from the trial Chambers to the Appeals Chamber; (b) extends the term ofoffice ofjudges ofthe ICTY; and (c) authorizes the ICTY to exceed temporarily the statutory maximum number of ad litem judges serving at the Tribunal. Similarly, President Byron requests that the Security Council: (a) expands the membership ofthe Appeals Chamber by authorizing the President to redeploy four permanent judges from the Trial Chambers to the Appeals Chamber; and (b) extends the term of office ofjudges ofthe ICTR. In addition, President Byron is asking the Security Council to allow one judge to engage in another professional occupation in his home country and to work part-time while drafting his final judgment; and to reconsider the entitlements ofad litem judges. His Excellency Mr. Baki Ilkin President ofthe Security Council New York Both letters provide detailed explanations of, and justification for, the requests. I would be grateful ifyou could bring the letters from President Robinson and President Byron to the attention ofthe members ofthe Security Council. -
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. -
The Gender Equality Issue CAJO NEWS Team
NOVEMBER 2016 • ISSUE 6 The Gender Equality Issue CAJO NEWS Team CHIEF EDITOR CAJO BOARD MEMBERS The Hon. Mr. Justice Adrian Saunders Mr. Justice Adrian Saunders (Chairman) Justice Charmaine Pemberton (Deputy Chairman) Chief Justice Yonette Cummings Chief Justice Evert Jan van der Poel CONTRIBUTORS Justice Christopher Blackman Justice Charles-Etta Simmons Justice Francis Belle Chief Magistrate Ann Marie Smith Justice Sandra Nanhoe-Gangadin Senior Magistrate Patricia Arana Justice Nicole Simmons Justice Sonya Young Parish Judge Simone Wolfe-Reece Magistrate Lisa Ramsumair-Hinds Registrar Barbara Cooke-Alleyne GRAPHIC ARTWORK, LAYOUT Registrar Camille Darville-Gomez Ms. Seanna Annisette The Caribbean Association of Judicial Ocers (CAJO) c/o Caribbean Court of Justice 134 Henry Street Port of Spain Trinidad and Tobago Tel: (868) 623-2225 ext. 3234 Email: [email protected] IN EDITOR’s THIS Notes ISSUE P.3- P.4 CAJO PROFILE By the time some of you read this edition of CAJO NEWS the Referendum results in Grenada SCAJOue. would have been known. This is assuming of course that the Referendum does take place on The Hon. Mr Justice November 24th as scheduled at the time of writing. The vote had earlier been slated for 27th Rolston Nelson October. This exercise in Constitution re-making holds huge implications not just for the people of Grenada, Carriacou and Petit Martinique but for the entire CARICOM and English speaking Caribbean. In this edition CAJO NEWS lists the choices before the people of our sister isles. In this issue, CAJO NEWS publishes an interview we conducted with Hon Mr Justice Rolston Nelson, the longest serving judge of the Caribbean Court of Justice. -
June 2004 Page 2
Chief Justice of the OECS Sir Dennis The International Criminal Tri- Byron, President of CJEI (Fellow bunal for Rwanda was appointed by 1997), left St. Lucia on June 7, 2004 the United Nations to try cases of to take up an appointment as a Per- genocide in the African country. The manent Judge of the International Tribunal issued its first indictment in Criminal Tribunal for Rwanda, November 1995. Since then, it has which operates from Arusha, Tanza- made steady progress towards the nia. fulfillment of its mandate and has In 1990, Sir Dennis was ap- made a notable contribution to the pointed to the Court of Appeal of the development of international crimi- Eastern Caribbean Supreme Court. nal justice. Before that he served as a High Those convicted included Jean Court Judge of the Eastern Caribbean Kambanda, the Prime Minister of Supreme Court in Antigua, Montser- Rwanda during the genocide, who rat, Dominica and St. Lucia from became the first Head of Govern- 1982. Sir Dennis was acting Chief ment to be indicted and convicted Justice of the Supreme Court of CJEI President Honourable Chief of genocide. Fourteen Ministers of Grenada in 1986 and presided over Justice Sir Dennis Byron the 1994 Interim Government in the Maurice Bishop murder trial. Rwanda are also in the Tribunal’s In the past decade, Sir Dennis’ career has at- custody as well as senior military commanders, tracted international recognition. He was a mem- high-ranking central and regional government offi- ber of a team of prominent jurists selected by the cials, prominent businessmen, church leaders, International Bar Association to investigate and journalists, intellectuals and other influential fig- report on issues affecting the independence of the ures. -
Gender Equality in the Caribbean the Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice
Gender Equality in the Caribbean The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice Subregional Gender Equality Workshop for Judges of the Caribbean Hilton Hotel Bridgetown, Barbados 9 September 2013 The International Labour Organization (ILO) Office for the Caribbean was established in 1969 and is based in Trinidad and Tobago. It serves 13 member States and 9 non-metropolitan territories of the English- and Dutch-speaking Caribbean as follows: Member States: Antigua and Barbuda; Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago. Non-metropolitan territories: Anguilla, Aruba, Bermuda, British Virgin Islands, Cayman Islands, Curacao, Montserrat, Sint Maarten, Turks and Caicos Islands. Utilizing the ILO's tripartite structure, the Office works in close collaboration with governments, employers’ and workers' organizations to promote decent work for all through technical guidance and cooperation. The concept of decent work is built on four strategic pillars: the promotion of rights at work, employment opportunities, social protection and social dialogue. The Decent Work Agenda supports integrated development strategies that link rights at work and social dialogue with employment policies and social protection. The Office works with the constituents at the national level to implement the Decent Work Agenda through Decent Work Country Programmes. Remarks By The Right Honourable Sir Dennis Byron, President of the Caribbean Court of Justice, on the occasion of The Subregional Gender Equality Workshop for Judges of the Caribbean 9 September 2013 Introduction Protocols. It is both an honour and a pleasure for me to deliver the keynote address at this very important sub regional workshop on gender equality for Judges of the Caribbean. -
Contents Judge Dennis Byron's Address to the UN General Assembly
ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda October 2008 Judge Dennis Byron’s Address to the UN General Assembly peace in Rwanda and the Great Lakes region and to ensure that violations of international humanitarian law are halted and effectively redressed. I have found it remarkable that this political institution considered that the attainment of such a political objective could best be achieved through a judicial process. I am sure that there were those who had questions and doubts about the ability of a judicial institution to address such objective. But, today, whatever system is employed to measure the success of the venture, there can be no doubt that peace has been restored and © UN Photo Library maintained in Rwanda, that there is a credible and ongoing process of On 13 October 2008 Judge Dennis Mr. President, Your Excellencies, national reconciliation, that many of Byron, President of the ICTR Ladies and Gentlemen, the violations have been addressed presented the 13th Annual Report and that some have been effectively of the ICTR before the United I am greatly honoured to address the redressed. Of course work remains Nations General Assembly distinguished members of the to be done, and circumstances have . General Assembly. I would like to given the Tribunal new tasks. But take this opportunity to extend my there can be no doubt that the Contents sincere congratulations to President Tribunal has been a central and Miguel d’Escoto Brockmann on your stabilising instrument that has made election as President of this major and lasting contributions to the ICTR Judicial Activities.......................