THE EASTERN CARIBBEAN SUPREME COURT
COURT OF APPEAL
STATUS HEARING
GRENADA
6th October 2020
Case Name: | Donna Marcelle Lusan v The Public Service Commission [GDAHCVAP2019/0010] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Benjamin Hood | |
Respondent: | Ms. Maurissa Johnson | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4. 5. 6.
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Reason: | The appellant filed written submissions on 18 th June 2019. However, having been granted leave to appeal on 29th July 2019, the submissions were not properly filed and resulted in a nullity. Directions were necessary in order to further the matter. The parties also required more time to rectify the record of appeal.
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Case Name: | National Water and Sewerage Authority v Giselle Ferguson-Sayer [GDAHCVAP2017/0006] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Benjamin Hood
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Respondent: | Ms. Sheriba Lewis Respondent present
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Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4. 5. 6. | |
Reason: | The transcript of proceedings has been prepared. The parties required additional time to prepare and file written submissions and the record of appeal. The respondent also indicated that she required time to settle legal representation. | |
Case Name: | [1] Shankar Khushalani [2] Mina Khushalani (trading as Divine Apartments)
v Lindsay Mason [GDAHCVAP2016/0017] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellants: | Ms. Hazel Hopkin | |
Respondent: | Mr. Ruggles Ferguson; Ciboney Chambers | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4. 5. 6.
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Reason: | The transcript had been prepared since 2018. The parties required more time to settle the record of appeal. Counsel for the appellant also indicated that he wishes to take a certain course of action and that he had commenced discussion with counsel for the respondent. Counsel requested directions to be given subject to action being taken. | |
Case Name: | Jude Lessey v The Queen [GDAHCRAP2016/0015] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Ruggles Ferguson | |
Respondent: | Mr. Howard Pinnock on behalf on the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4.
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Reason: | The record of appeal was served on the parties on 9 th September 2019; however, submissions have not been filed by the parties. Directions were given to further the matter. | |
Case Name: | Arthur Braveboy v The Queen [GDAHCRAP2017/0003] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | No appearance; Mr. Jerry Edwin on record | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Adjournment | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. | |
Reason: | The Court noted that the appellant was discharged from prison on 5th June 2020, therefore he may not have been served with the notice of hearing. The Court was also uncertain of whether the appellant is still interested in prosecuting this appeal. | |
Case Name: | Ally Mills v The Queen [GDAHCRAP2016/0020] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Jerry Edwin | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3.
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Reason: | Counsel for the appellant indicated that there is an application by way of letter before the Mercy Committee and the Commissioner of Prisons for the appellant’s early release therefore, it is likely that the appellant may be released before the next sitting.
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Case Name: | Edward Joseph v The Queen [GDAHCRAP2017/0023] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | No appearance; Mr. Lane Phillip on record Appellant present in person
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Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4.
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Reason: | The transcript has not been prepared therefore the matter is not ready to proceed. The appellant indicated the intention to file an application by way of letter for legal aid and waiver of fees for obtaining a transcript. | |
Case Name: | Roland Charles v The Queen [GDAHCRAP2018/0011] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Ms. Herricia Willis | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: |
IT IS HEREBY ORDERED THAT:
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Reason: | The Court noted leave to appeal was required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336. | |
Case Name: | Ken Charles v The Queen [GDAHCRAP2017/0020] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Jerry Edwin Appellant present | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: |
IT IS HEREBY ORDERED THAT:
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Reason: | The Court noted that leave to appeal was required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336. | |
Case Name: | Finbar Derick Purcell v The Queen [GDAHCRAP2017/0026] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | In person | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4. | |
Reason: | The transcript of proceedings has not been prepared. The appellant also indicated an intention to obtain assistance from legal aid and requested that the transcript of proceedings be provided free of charge. The appellant was directed to write a letter to the Court making this request.
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Case Name: | Handel Stafford v The Queen [GDAHCRAP2017/0022] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | In person | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Adjournment | |
Result / Order: | IT IS HEREBY ORDERED THAT:
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Reason: | The notice of appeal has been filed and served on the respondent. The transcript of proceedings was prepared and served on the Director of Public Prosecutions however, the appellant requested more time to retain new counsel. | |
Case Name: | Clint Thorne v The Queen [GDAHCRAP2017/0002] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | In person | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: |
IT IS HEREBY ORDERED AND DIRECTED THAT:
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Reason: | The Court noted that leave to appeal is required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336.
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Case Name: | Dave Benjamin v The Queen [GDAHCRAP2018/0002] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Ms. Rae Thomas holding papers for Mr. Andre Thomas Appellant present | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
IT IS HEREBY ORDERED AND DIRECTED THAT:
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Reason: | The Court noted that leave to appeal is required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336. The parties indicated an intention to file submissions in support of the application for leave to appeal. | |
Case Name: | Cardel Smart v The Queen [GDAHCRAP2018/0006] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Anselm A. Clouden | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
IT IS HEREBY ORDERED AND DIRECTED THAT:
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Reason: | The Court noted that leave to appeal is required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336. The parties intend to file submissions in support of the application for leave to appeal.
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Case Name: | Glenroy Barry v The Queen [GDAHCRAP2017/0019] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | In person | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
IT IS HEREBY ORDERED AND DIRECTED THAT:
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Reason: | The Court noted that leave to appeal is required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336. | |
Case Name: | Albert Alexis v The Queen [GDAHCRAP2017/0018] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Jerry Edwin In person | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
IT IS HEREBY ORDERED AND DIRECTED THAT:
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Reason: | The Court noted that leave to appeal is required pursuant to section 40 of the West Indies States Supreme Court (Grenada) Act, Cap. 336. | |
Case Name: | Isa Charles v The Queen [GDAHCRAP2019/0005] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Anselm A. Clouden | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2. 3. 4. | |
Reason: | The transcript of proceedings has been prepared. Directions were necessary to further the matter. | |
Case Name: | Kevin Morris v The Queen [GDAHCRAP2016/0023] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Benjamin Hood Appellant present | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | N/A | |
Result and Reason: | The Court noted that leave to appeal against sentence was granted on 20th February 2018. The notice of appeal was to be filed within 14 days of the said date; however, this was not done. Therefore, there is no appeal before the Court. Accordingly, no order was made.
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Case Name: | Lennard Benjamin v The Queen [GDAHCRAP2016/0028] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Jerry Edwin Appellant present | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Adjournment | |
Result / Order: | IT IS HEREBY ORDERED THAT:
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Reason: | The record of appeal has been prepared. Given that there is a duplication in the filing of the matter, counsel for the appellant intends to withdraw the appeal. | |
Case Name: | Gerald Hagley v The Queen [GDAHCRAP2016/0010] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Anselm A. Clouden | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Oral Decision | |
Result / Order: | IT IS HEREBY ORDERED THAT:
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Reason: | Counsel indicated that the appellant no longer wishes to pursue the appeal. | |
Case Name: | Raymond Beggs v The Queen [GDAHCRAP2017/0014] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | No appearance, Mr. George G. W Prime on record
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Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | UPON THE COURT READING the notice of appeal or application for leave to appeal against conviction or sentence filed by the applicant in Criminal Form 1 on 16th August 2017;
IT IS HEREBY ORDERED AND DIRECTED THAT:
1. 2.
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Reason: | The appellant was granted bail on 18th October 2018 and his sentence has since been served. The Court noted however that it appears that the application for leave to appeal had not been dealt with yet.
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Case Name: | Dixon Lewis v The Commissioner of Police [GDAMCRAP2014/0010] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | In person | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
1. 2.
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Reason: | The record of appeal has not been prepared. The Magistrate before whom the matter was heard is now deceased, therefore counsel for the respondent indicated an intention to concede the appeal and intends to give a written indication of this on or before Thursday 8th October 2020 | |
Case Name: | Tamara Brown v The Commissioner of Police [GDAMCRAP2016/0005] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Ruggles Ferguson | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT:
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Reason: | The court noted that the magistrate whose decision is being appealed, is no longer a sitting Magistrate and therefore it would pose a challenge for the notes of evidence to be prepared. Counsel for the respondent intends to concede to the appeal and therefore wished to have the matter heard at the upcoming appeal. | |
Case Name: | The Commissioner of Police v Treverson Roberts [GDAMCRAP2019/0021] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Respondent: | No appearance | |
Issues: | Status of the matter | |
Type of order: | N/A | |
Result and Reason: | The respondent is out of state. The matter came up for Case Management on 21st September 2020 at which time an order was made adjourning the matter to the Status Hearing scheduled for 31st March 2021. Accordingly, no further order was made at this time. | |
Case Name: | Daniel Charles v The Commissioner of Police [GDAMCRAP2019/0015] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Ruggles Ferguson | |
Respondent: | Mr. Howard Pinnock on behalf of the Director of Public Prosecutions | |
Issues: | Status of the matter | |
Type of order: | Oral Decision | |
Result / Order: | IT IS HEREBY ORDERED THAT:
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Reason: | Counsel for the appellant withdrew the appeal. There was no objection to the withdrawal of the appeal by the Crown. | |
Case Name: | Hector Pierre v Kenny Lalsingh [GDAMCVAP2019/0002] | |
Date: | Tuesday, 6th October 2020 | |
Coram: | Mrs. Michelle John-Theobalds, Chief Registrar | |
Appellant: | Mr. Anselm A. Clouden | |
Respondent: | Ms. Hazel Hopkin | |
Issues: | Status of the matter | |
Type of order: | Directions | |
Result / Order: | IT IS HEREBY ORDERED THAT: 1. 2. 3. 4.
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Reason: | The record has been prepared and the matter is ready to proceed. Submissions have not been filed. | |