Hot cases on agenda for Sept. 2013 Sitting of Court of Appeal!
This is the body headed by local daughter of the soil Dame Janice M. Pereira, who was named Chief Justice in 2012.
In the preliminary court list obtained by Virgin Islands News Online, it appears to be a packed agenda with over 40 cases before the Organization of Eastern Caribbean States (OECS) Supreme Court.
The cases before the Appeals Court range from criminal appeals for rape, drugs, and guns to civil matters of wrongful dismissal, business transactions, issues of violations of rights and unfair sentences.
Many legal practitioners and their clients, along with the Government officials representing the Crown will be attempting to seek a new judgement in cases and decisions made by the lower courts, both Magistrate and High Court.
If they failed at the Court of Appeal level then the next and final stop for most of the cases will be the United Kingdom Privy Council, which is the jurisdiction’s Supreme Court.
Some controversial cases-Elton Georges, Delta, the Rosans
Elton Gorges v The Commissioner of Police
One of the cases listed involves Complaints Commissioner Elton Georges who was in 2010 found guilty by Magistrate Tamia Richards when she ruled that the former Deputy Governor drove without due care and attention when he struck a pedestrian on the crosswalk in the area of Bobby´s Supermarket, in Road Town.
The victim, Phillippa M. Nockolds, was treated for knee injuries and also suffered a cut on her chin due to the incident that occurred on Saturday August 2, 2008.
When handing down her decision, the Magistrate rejected what was put forward by Mr Georges’ lawyer Dr. J S Archibald QC, who labeled the incident as an accident. The Magistrate said it was not an accident, rather it occurred due to negligence on the part of Mr Georges.
Mr Georges will now be appealing this decision before the Court of Appeal in September.
Delta Petroleum (Caribbean) Limited v Commissioner of Customs
Delta Petroleum (Caribbean) Limited will be going up against the Commissioner of Customs Wade Smith in an appeal.
In February of this year Madame Justice Vicki Ann Ellis had ruled in the High Court in favour of Her Majesty's Customs in relation to last year's seizure of some 240,826.88 US gallons of petroleum stored in Bonded Tank No 7 at Delta's Pockwood Pond facility on the main island of Tortola.
Commissioner of Customs Wade Smith told the local media that the judgment amounts to a $1.5M victory for Government.
Days after the court’s decision in a statement issued to the media on February 19, 2013, Delta Petroleum pointed out that the company has been advised by its lawyers that the presiding Judge, Justice Vicki Ann Ellis, erred in law.
The company stated that they were advised that the Judge failed to take into consideration the fact that the basis of the seizure by Customs was the failure of Delta Petroleum to comply with certain directions previously issued by the Commissioner of Customs, Mr. Wade Smith and not a failure to pay custom duties on dutiable fuel hence the seizure was unlawful.
The Appeal of Delta Petroleum (Caribbean) Limited v Commissioner of Customs is on the agenda for the September sitting of the Court of Appeal.
Joseph Rosan v Valerie Stephens
Meanwhile Joseph M. Rosan Jr., who according to court documents lost a case brought against him and others by former senior Magistrate Mrs Valerie Stephens-Gordon, is seeking leave to Appeal the High Court’s decision.
The case had to do with a defamation claim filed by Mrs Stephens-Gordon against Mr Rosan aka “Mattie” and others (Edmund Maduro, Kelvin Titley, dba Japhix Entertainment and/or JTV and Alex Bunbury), for comments made during the talk show, 'Speak Your Mind' aired on JTV Channel 55 in 2011.
Mrs Stephens-Gordon was awarded damages which are to be assessed. The Court Master Pearletta E. Lannsalso also ruled that Mrs Stephens-Gordon is entitled to cost for legal fees that were fixed at $2,000.00 to be paid by Mr Rosan, the first defendant.
Charmine Rosan-Bunbury v The Judicial and Legal Services
In a case that many civil servants and the indigenous class have used as yet another example of blatant discrimination against locals, former Magistrate Charmaine R. Rosan-Bunbury was interdicted on May 4, 2011 for alleged insubordination and misconduct – accusations she said are baseless.
She was accused of insubordination to former Senior Magistrate Valerie Stephens-Gordon a Jamaican national and controversial figures Deputy Governor, V. Inez Archibald and Permanent Secretary in the Deputy Governor’s Office, David D. Archer.
She was sent on leave from her job as a magistrate by the Governor after a recommendation by the Judicial and Legal Services Commission and soon after fired by the unpopular and controversial United Kingdom-appointed Governor William B. McCleary, who many civil servants regard as bias and having his own agenda.
Years after, Mrs Rosan-Bunbury is before the Court of Appeal in its September sitting seeking to overturn the decision she lost requesting a judicial review after being sent on leave for alleged insubordination and refusing to carry out instructions of the then Senior Magistrate, and Permanent Secretary Archer, along with being interdicted.
She is also seeking to appeal the decision upheld by the High Court on the purported decision of the then senior Magistrate to appoint an additional Magistrate to act as senior magistrate.
The Appeal is against the Judicial and Legal Services, the governor, the Attorney General, among others.
Before the cases are heard there will be a case management conference scheduled for August 30, 2013 where the Chief Justice will seek to find out if there will be any request for adjournment, whether parties are ready to proceed with appeals, the documents already filed and when and also if there is any more information to be brought to the attention of the courts.
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