Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36 935

The Public is hereby informed that in order to Erratum...... ascertain the standards of roads, certain laboratory tests must be conducted by the Ministry of Communications Statutory Instrument No. 85 of 2009 which was at a cost to the developer. This is necessary to ensure published in the Official Gazette of August 10th, 2009 that when these roads are taken over by the Ministry of was printed with an error. In Column 3 the word Communications they are to the required standard. “Excise Tax Rates” should be deleted and replaced with “Consumption Tax Rates”. Please be guided accordingly. The Statutory Instrument No. 85 of 2009 is hereby Executive Secretary corrected, re-published and replaces the previous Development Control Authority. Statutory Instrument No. 85 of 2009. Statutory Instrument ...... The following document is published with and form part of this Gazette: Customs Exchange Rates Statutory Instrument Effective Monday, No. 85 of 2009 — Consumption Tax (Amendment of 31st August, 2009 Schedule 1) Order. $ $ $ $ T is notified for general information that under the provisions of section 78 (2) of Ithe Customs (Control and Management) Notices ...... Act No. 23 of 1990 as amended that the under- mentioned rates of exchange shall be used for determining their equivalent in E.C. dollars.

Ministry of Finance U. K. Pound $4.4125

International Mutual Funds Act, No. 22 of 2006 U.S.A $2.7169 REVOCATION OF INTERNATIONAL PUBLIC Canadian Dollar $2.4861 MUTUAL FUND LICENCE Marco Polo Global Hedge Fund D.Krs. (Danish Kroners) $0.5190

ursuant to Section 51 (2) (b) of the International NZ (New Zealand Dollar) $1.7085 Mutual Funds Act, No. 22 of 2006 the Minister Presponsible for International Financial Services Australian Dollar $2.2626 (The Honourable Stephenson King) has revoked the Jamaican Dollar $0.0304 International Public Mutual Fund Licence, No. IMF/001 of Marco Polo Global Hedge Fund. Japanese Yen $0.0287 The date of Revocation is August 24, 2009. Guyanese Dollar $0.0135 SIGNED: Calixte Leon Director, Financial Sector Supervision Swedish Kroners $0.3816

Venezuelan Bolivars $0.0013

Barbados Dollar $1.3542 Development Control Authority Euro $3.8629 he Development Control Authority would like to remind the general Public that one of the conditions Swiss Franc $2.5434 Tof approval granted for the implementation of all subdivisions is that the infrastructure must be provided Trinidad & Tobago $0.4545 in accordance with the standards of the Development Control Authority, Ministry of Communications, Works HERMAN ST. HELEN, Transport and Public Utilities, LUCELEC and WASCO. Comptroller of Customs & Excise (Ag.) 936 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36

Decisions taken by the Development Control Authority (DCA) List of Approvals for the week ending: August 14, 2009 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36 937

Decisions taken by the Development Control Authority (DCA) List of Approvals for the week ending: August 14, 2009 938 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36

Decisions taken by the Development Control Authority (DCA) List of Approvals for the week ending: August 27, 2009 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36 939

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE

SAINT LUCIA CLAIM NO. SLUHCV2007/0980

BETWEEN: (1) FIRST CARIBBEAN INTERNATIONAL BANK () LIMITED formerly known as Barclays Bank PLC Claimant and (1) ROCK JEAN (2) MARGARET JEAN Defendants

TO : MARGARET JEAN whose last known registered address was La Pansee in the quarter of Castries

NOTICE

TAKE NOTICE that an action has been commenced against you in the High Court of Justice (Saint .Lucia) Claim No. SLUHCV2007/0980 by FirstCaribbean International Bank (Barbados) Limited formerly known as Barclays Bank PLC wherein Judgment has been entered against you and a Writ of Execution for seizure and sale of your property has been filed in the High Court of Justice together with an Application to fix an upset price for same.

AND service upon you of the Notice of the said Application is being effected upon you by this advertisement in two issues of a local newspaper as well as in two issues of the Official Gazette.

AND take notice that the hearing of the application on the part of the Claimant for an order to fix an upset price shall be heard on Tuesday 24th November 2009 at the High Court of Justice, Peynier Street, in the city of Castries at 9 o’clock in the forenoon.

IF YOU desire to respond to the said Application you must do so Within 7 days of the last publication of this advertisement, or the application will be heard in your absence.

THE Application can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia or at the Chambers of Floissac Fleming and Associates, Cnr. Brazil and Mongiraud Street, Castries, Saint Lucia. Dated this 27th day of August, 2009. FLOISSAC FLEMING & ASSOCIATES Per:

Geoffrey DuBoulay Legal Practitioner for the Claimant

The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-1917, E-mail [email protected]. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is filed by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: [email protected]

[ First Publication Only ] 940 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE

SAINT LUCIA CLAIM NO. SLUHCV2009/0658

BETWEEN: (1) 1ST NATIONAL BANK ST. LUCIA LIMITED Claimant and (1) CHARLENE MORELLA REECE (2) MERLIN DA COSTA REECE also known as MERLIN REECE (3) MORELLA REECE (nee Philgence) Defendants

TO : CHARLENE MORELLA REECE

NOTICE

TAKE NOTICE TAKE NOTICE that a Claim has been filed in the High Court of Justice, St. Lucia No. SLUHCV2009/0658 against you by the Claimant, 1st National Bank St. Lucia Limited.

SERVICE pursuant to Rule 5.13 CPR 2000 of the Claim Form and Statement of Claim and all other proceedings in this matter will be effected on you through advertisements in two issues of the Official Gazette and in two publications in a newspaper circulating in Saint Lucia.

IF YOU DESIRE to defend this action or to be heard you must within twenty eight (28) days of the last publication file an Acknowledgment of Service at the Registry of the High Court of Justice, Peynier Street in the city of Castries in this Island.

IN DEFAULT of filing Acknowledgment of Service within the time stipulated, the court may hear the case in your absence without further notice and Judgment may be granted in favour of the Claimant.

THE Claim Form and Statement of Claim and be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-1917. The office is open between 9:00 a.m. and 2:00 p.m. on Mondays to Thursdays and between 9:00a.m to 3:00p.m on Fridays expect public holidays.

Dated this 26th day of August, 2009. FLOISSAC FLEMING & ASSOCIATES Per:

Cheryl C. Goddard-Dorville Legal Practitioner for the Claimant

This Notice is filed by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: [email protected]

[ First Publication Only ] Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36 941

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE

SAINT LUCIA CLAIM NO. SLUHCV2009/0489

BETWEEN: (1) 1ST NATIONAL BANK ST. LUCIA LIMITED Claimant and (1) GRAND MARIGOT ESTATE LTD. (2) JUAN MANE CHECA (3) ARTURO JOSE RUBIO PUELL Defendants

TO : (1) JUAN MANE CHECA (2) ARTURO JOSE RUBIO PUELL

NOTICE

TAKE NOTICE that a Claim has been filed in the High Court of Justice, St. Lucia No. SLUHCV2009/0489 against you by the Claimant, 1 st National Bank St. Lucia Limited.

AND SERVICE of the Notice of the Claim Fonn and Statement of Claim and all other proceedings in this matter will be effected on you through advertisements in two issues of the Official Gazette and in two publications in a newspaper circulating in Saint Lucia.

IF YOU DESIRE to defend this action or to be heard you must within twenty eight (28) days of the last publication file an Acknowledgment of Service at the Registry of the High Court of Justice, Peynier Street in the city of Castries in this Island.

IN DEFAULT of filing Acknowledgment of Service within the time stipulated, the court may hear the case in your absence without further notice and Judgment may be granted in favour of the Claimant.

THE Claim Form and Statement of Claim can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-1917 or email [email protected]. The office is open between 9:00 a.m. and 2:00 p.m. on Mondays to Thursdays and between 9:00a.m to 3:00p.m on Fridays expect public holidays. Dated this 26th day of August, 2009. FLOISSAC FLEMING & ASSOCIATES Per:

Geoffrey Du Boulay Legal Practitioner for the Claimant

This Notice is filed by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: [email protected]

[ First Publication Only ] 942 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36

NOTICE SAINT LUCIA DECLARATION OF ACQUISITION PURSUANT TO SECTION 3 OF THE LAND ACQUISITION ORDINANCE (CHAPTER 5.04) And IN THE MATTER of a Declaration by the Governor General acting on the advice of Cabinet that a Parcel of land situate at Fond St. Jacques, quarter of Soufriere in the island of Saint Lucia is likely to be acquired for a public purpose.

DECLARATION OF ACQUISITION OF LAND WHEREAS, it is enacted by Section 3 of the Land Acquisition Ordinance Chapter 5.04 that if the Governor General acting on the advice of Cabinet considers that any land should be acquired for a public purpose, she may cause a Declaration to that effect to be made; AND WHEREAS, it is considered by the Governor General acting on the advice of Cabinet that the lands mentioned and described in the Schedule hereto should be acquired for a public purpose to wit: Water Storage Tank. NOW THEREFORE, it is hereby declared by the Governor General acting in accordance with the advice of Cabinet, that upon the Second Publication of this Declaration in the Gazette, the lands mentioned in the schedule hereto shall be vested absolutely for a public purpose to wit: Water Storage Tank.

SCHEDULE 1 All that piece of land being part of Parcel 0429B 227 situate at Fond St. Jacques in the Quarter of Soufriere belonging to Muriel Joseph, Colombus Christopher and Bede Joseph is bounded as follows:- North : By remainder of Parcel 0429B 227 and foot path South : By Parcel 0429B 226 and Ravine East : By remainder of Parcel 0429B 227 West : By Parcel 0429B 162 and Ravine

The whole measuring 3,542 sq. ft. as shown on Plan of Survey by Cletus Felicien, Licensed Land Surveyor dated July 2nd, 2009 and lodged in the Survey Office on July 23rd, 2009 as Drawing No. S 1242B and recorded as SM 293/2009. Together with any other easements which may be necessary. Dated this 25th day of August, 2009.

COSMOS RICHARDSON, Secretary to Cabinet.

[ First Publication ] Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36 943

NOTICE SAINT LUCIA DECLARATION OF ACQUISITION PURSUANT TO SECTION 3 OF THE LAND ACQUISITION ORDINANCE (CHAPTER 5.04) And IN THE MATTER of a Declaration by the Governor General acting on the advice of Cabinet that a Parcel of land situate at La Fargue, quarter of Choiseul in the island of Saint Lucia is likely to be acquired for a public purpose.

DECLARATION OF ACQUISITION OF LAND WHEREAS, it is enacted by Section 3 of the Land Acquisition Ordinance Chapter 5.04 that if the Governor General acting on the advice of Cabinet considers that any land should be acquired for a public purpose, she may cause a Declaration to that effect to be made; AND WHEREAS, it is considered by the Governor General acting on the advice of Cabinet that the lands mentioned and described in the Schedule hereto should be acquired for a public purpose to wit: Road Improvements. NOW THEREFORE, it is hereby declared by the Governor General acting in accordance with the advice of Cabinet, that upon the Second Publication of this Declaration in the Gazette, the lands mentioned in the schedule hereto shall be vested absolutely for a public purpose to wit: Road Improvements.

SCHEDULE 1 All that piece of land being part of Parcel 0222B 213 situate at La Fargue in the Quarter of Choiseul belonging to Clara Joseph is bounded as follows: North : By Highway South : By Parcel 0222B 214 and 215 East : By Parcel 0222B 212,216 and 214 West : By Parcel 0222B 82 The whole measuring 2,116 sq. ft. shown as lot 3 on Plan of Survey by Aubrey Phillips, Staff Surveyor dated January 28th, 2009 and lodged in the Survey Office on February 3rd, 2009 as Drawing No. CH 860 R and recorded as SM 1/2009.

SCHEDULE 2 All that piece of land being part of Parcel 0222B 212 situate at La Fargue in the Quarter of Choiseul belonging to Simone Alfred is bounded as follows: North : By Highway South : By Parcel 0222B 216 East : By Road West : By Parcel 0222B 213 The whole measuring 3,222 sq. ft. shown as lot 4 on Plan of Survey by Aubrey Phillips, Staff Surveyor dated January 28th, 2009 and lodged in the Survey Office on February 3rd, 2009 as Drawing No. CH 860 R and recorded as SM 1/2009. Together with any other easements which may be necessary. Dated this 14th day of August, 2009.

COSMOS RICHARDSON, Secretary to Cabinet.

[ Second Publication ] 944 Saint Lucia Government Gazette Monday September 7, 2009 • Issue 36

NOTICE SAINT LUCIA DECLARATION OF ACQUISITION PURSUANT TO SECTION 3 OF THE LAND ACQUISITION ORDINANCE (CHAPTER 5.04) And IN THE MATTER of a Declaration by the Governor General acting on the advice of Cabinet that a Parcel of land situate at Vide Boutielle, quarter of Castries in the island of Saint Lucia is likely to be acquired for a public purpose.

DECLARATION OF ACQUISITION OF LAND WHEREAS, it is enacted by Section 3 of the Land Acquisition Ordinance Chapter 5.04 that if the Governor General acting on the advice of Cabinet considers that any land should be acquired for a public purpose, she may cause a Declaration to that effect to be made; AND WHEREAS, it is considered by the Governor General acting on the advice of Cabinet that the lands mentioned and described in the Schedule hereto should be acquired for a public purpose to wit: Hotel Training Trade School. NOW THEREFORE, it is hereby declared by the Governor General acting in accordance with the advice of Cabinet, that upon the Second Publication of this Declaration in the Gazette, the lands mentioned in the schedule hereto shall be vested absolutely for a public purpose to wit: Hotel Training Trade School.

SCHEDULE 1 All that piece of land being part of Parcel 1050B 509 situate at Vide Boutielle in the Quarter of Castries belonging to Francis Anatole half share and Letitia Joyce Anatole half share is bounded as follows:-

North : By Parcel 1050B 154 South : By Parcel 1050B 404 East : By Parcel 1050B 155 West : By Parcel 1050B 154

The whole measuring 9,117.83 sq. ft. shown as lot 1 on Plan of Survey by John Kelly, Licensed Land Surveyor dated May 3m, 1974 and lodged in the Survey Office on June 18th, 1974 as Drawing No. C 4566 T and recorded as 195/ 1974.

Together with any other easements which may be necessary.

Dated this 5th day of August, 2009.

COSMOS RICHARDSON, Secretary to Cabinet.

[ Second Publication ]

SAINT LUCIA PRINTED BY THE NATIONAL PRINTING CORPORATION CASTRIES 2009 [ Price : $3.00 ] Technology is looking to close one gap between Windows Mobile and its Saint Lucia Government Gazette rivals. Starting Monday next month, September customers 7, 2009 will • Issue be able 36 to more945 easily use their Windows Mobile phones on AT&T’s Wi-Fi network, matching a feature already available to its BlackBerry and iPhone users. Windows Mobile 6.5 As for Android, AT&T has yet to commit publicly to shipping an Android phone, but Bradley said the company is phones coming Oct. 6 actively studying whether to do so. “We are going to do what’s right for customers,” Bradley said. “It’s an important development in the industry and one that we are watching real carefully to make sure that our customers have choice and the best service.” For her part, Ferguson said she believes that Windows Mobile 6.5 is a significant step forward, although she declined to predict whether Microsoft will gain share in the wake of its release. “These are going to be fabulous phones that meet the customers’ needs for their whole life,” Ferguson said. “In the end, that’s how I judge us.” The October 6 launch ties in with a “consumer open house” event that Microsoft Entertainment and Devices President Robbie Bach is hosting that day in New York City. HTC’s Touch Pro2 is among the new phones expected to ship with Windows Mobile 6.5. One of the big pushes with the new release is the Windows Marketplace app store. Although Microsoft has long offered Microsoft is hoping that a new crop of phones this fall will tens of thousands of applications, they have been hard to find help the company in its quest to stay relevant in the cell phone and download, something Marketplace is designed to address. market. While the Marketplace will launch with Windows Mobile 6.5, The software maker said on Tuesday that the first phones Ferguson declined to say how many programs have been running Windows Mobile 6.5 will launch worldwide on submitted or approved thus far. October 6 and will include phones running on AT&T, Sprint, Ferguson did say that among the programs will be Netflix, and Verizon Wireless. Facebook, and a variety of games. The new crop of phones will also be the first that Microsoft “We need enough apps that customers can have some great will sell under the “Windows Phone” brand, an effort to tap choice,” Ferguson said. As for the Netflix app, I checked and into the marketing power of its flagship desktop operating it lets users manage their queue or watch previews, but not system. actually watch movies form their queue. (That would have With Windows Mobile 6.5, Microsoft is hoping to convince been a compelling feature, I reckon.) users that its phones are not just good for doing work. Much of Microsoft will also formally launch its free My Phone Microsoft’s phone focus in recent times has been on improving service, which has been in beta. In addition to backing up the operating system’s consumer features in an effort to regain contacts, calendar, text messages, photos, and other data, the ground lost to rivals. service will also have a “Find My Phone” feature, similar to a “We know people want a phone for their whole life,” said paid iPhone service that helps users locate a lost iPhone. Stephanie Ferguson, general manager in the Windows Mobile In a July interview, Todd Brix said that the Find My Phone unit. “They just frankly want to do more. That’s why we’ve can be used to remotely send a message to a phone and cause shifted.” it to ring, even if it is set to vibrate. If that still doesn’t locate it, Although it includes features such as improved Web users can look up on a map where the phone last synchronized browsing and conversation threaded e-mail, as well as a new to the service. Users can also remotely lock the phone and send Windows Marketplace app store, Windows Mobile 6.5 is seen a message to it urging whoever has it to call a specific number. largely as an interim upgrade of the operating system. If that doesn’t work, users can also remotely wipe the device. Microsoft has come under criticism for the rather slow pace The software maker has said little of its plans for Windows at which its software has evolved in the face of competition Mobile beyond the current release, although the software from the iPhone, BlackBerry, Android, and Palm Pre. maker has been working for more than two years now on a AT&T, which is one of Microsoft’s oldest partners in the cell more substantial overhaul of the operating system as well as phone business, said that it is supporting Windows Mobile 6.5, a collection of new consumer-oriented mobile services. The although the carrier acknowledged that Apple and others in operating system upgrade, Windows Mobile 7, was originally the market have grown faster. expected early this year and has hit several delays. It’s now not Even in large corporations, Windows Mobile has not expected until sometime next year. maintained the position it once seemed poised to inherit. Microsoft is expected to work closely with a smaller number “Microsoft probably didn’t get the share of the enterprise of hardware makers, who will be among the first to adopt the space that we all would have expected three or four years ago,” new products when they debut next year. said Jeff Bradley, senior vice president of devices for AT&T. “I AT&T’s Bradley declined to talk about Microsoft’s roadmap think Research In Motion did even a better than expected job for the future, but said he has seen some encouraging signs of gaining that share.” that the company will make devices with more consumer AT&T didn’t say which of its phones will support Windows appeal. Mobile 6.5, but it will likely be a mix of new phones and current “I have every reason to think they are going to make that models that can be upgraded to the new OS. The company happen,” Bradley said. “That’s frankly an imperative.” 946 Saint Lucia Government GazetteSP ORTS Monday September 7, 2009 • Issue 36

“We have a very good preparation schedule in place with two camps in Barbados and South Africa and once the players get a lot from them, they would be okay for this series. They may even surprise some people and win West Indies not some big matches.” The new-look squad, similar to the one that took second-string - Williams on Bangladesh, will be captained by Floyd Reifer and includes the likes of Darren Sammy, Travis Dowlin and - the top performers for West Indies during that series.

Allen Stanford hospitalised

David Williams is confident that his side can spring a surprise in the Champions Trophy

West Indies’ interim coach David Williams has refused to label the current team as ‘second-string’ and has backed his players to put in a strong performance in the upcoming Champions Trophy. The region’s top players, including , and , sat out the recent home series against Bangladesh following the contracts dispute between the West Indies Cricket Board (WICB) and the West Indies Players Association Allen Stanford is facing charges of fraud totalling USS$ 7 billion (WIPA) and were not named in the 14-man squad for the Champions Trophy, to be played in South Africa from Allen Stanford, who was due to appear in a Houston September 22 to October 5. court on Thursday, was hospitalised with an irregular Williams, 45, who replaced John Dyson as coach after the heartbeat and high pulse. dismal showing in the two Tests and three ODIs against Stanford, who sponsored the Stanford Twenty20 Bangladesh, said while the team lacked experience, they tournament in the Caribbean as well as the one-off possessed the tenacity to perform well. fixture between England and Stanford Superstars, “At the end of the day, whoever goes out there to play is is facing charges of fraud totalling US$ 7 billion. The representing the West Indies and is a West Indies team,” charges include seven counts of wire fraud, ten counts Williams told CMC Sport. “The guys in the team may not of mail fraud, conspiracy to obstruct an investigation be the most experienced but they are willing and have for the Securities and Exchange Commission (SEC), plenty of talent. We intend to work with these players so obstruction of an investigation by the SEC and that they would be competitive in South Africa.” conspiracy to commit money laundering. West Indies are in Group A of the Champions Trophy, Stanford, a Texan billionaire, was arrested in June alongside world champions Australia, world Twenty20 and was scheduled to appear in a Houston court for champions Pakistan and India. However, Williams was a hearing on whether he could get a new attorney. In confident his side could spring a surprise. the same courtroom on 27 August, Stanford’s former “I don’t think that people should write us off for the finance chief, James Davis pleaded guilty on three Champions Trophy,” he said. “We have a young team counts: conspiracy to commit mail, wire and securities and they would be going there to make a name for fraud; mail fraud and conspiracy to obstruct a securities themselves. and exchange commission investigation.