PM Skerrit. Photo credit: Dominica Vibes

PRESS RELEASE - Incoming chairman of the Organissation of Eastern Caribbean States (OECS) Prime Minister of Dominica Roosevelt Skerrit is eager to have all member states acceding to the Caribbean Court of Justice (CCJ) as their final appellate court, during his tenure as chairman of the OECS.

Prime Minister Skerrit will assume chairmanship of the nine-member regional sub-grouping for a 12-month period at the next OECS Heads of Government meeting. Prime Minister Skerrit has stated that that the CCJ is important for regional development.

“I would also like to see the process of other countries moving towards joining the Caribbean Court of Justice as its final court. As you know Dominica has started the process and we are hoping to complete the process in the next few weeks. St. Lucia has signaled by its parliamentary statements its intention to do that and also Grenada, I believe, will be going to referendum very soon. So I am hoping during my tenure as the Chairman of OECS we will see all of us in the OECS acceding to the Caribbean Court of Justice because we believe it is an important piece of our Caribbean architecture that is missing and we need to formalize this as an entire Caribbean region,” Prime Minister Skerrit stated.

Prime Minister Skerrit has recognized the important work that has been undertaken by the OECS thus far but states that there is much more to be done. He cites advancing the Economic as part of his priorities.

“I mean the OECS has worked, is working and will continue to work to the benefit of our citizens. Obviously, the more you achieve is more demands are placed upon you but I think sometimes we as citizens we place our attention on that which has not been done rather than that which has been done and that which is being done. But we have made tremendous, tremendous strides as small countries, we are just 600,000 people, we are not 600 million people and when you look at the level of cooperation and effort we have put into the OECS architecture we have done a tremendous job,” Prime Minister Skerrit stated.

The OECS is a shining example to other world groupings in the area of function cooperation. Prime Minister Skerrit said that in the area of integration and cooperation, others look to the OECS for best practices.

“…it is sad that we ourselves in the OECS have failed to appreciate the extraordinary work that we have done to the benefit of all our citizens working together; our leaders working together whether at the Monetary Council level; whether at the OECS level and the various facets and elements of the OECS structure. We have done fantastic in terms of our achievements and I believe it is time that we celebrate those achievements while we make further demands on the leadership of the region,” Prime Minister Skerrit said.

The OECS was established on June 18, 1981 by the signing of the Treaty of Basseterre in St. Kitts and Nevis.

The Office of the Director of Public Prosecution wishes to inform the following individuals that they should report to its office at 8 a.m. on Wednesday, July 2, 2014 rather than the original date of July, 7, 2014.

The Office of the Director of Public Prosecution is located upstairs the RBTT building on Micoud Street, Castries.

1) Bradley Arthur of Ravine Toutwelle, Castries

2) Jeremie Alexander Richardson of Rock Hall, Castries

3) Hudson Kelly of Waterworks, Castries

4) Seageant 479 Jearson Charlemagne of the Royal Saint Lucia Police Force

5) WPC 76 Janna Williams of the Royal Saint Lucia Police Force

Also, Marie Claudia Angelier whose last known address was Marchand is asked to report to the High Court in Castries on Wednesday, July 2, 2014 at 9 a.m.

If persons are listening to this broadcast, they are advised to follow the said instructions.

POLICE PR-On Monday June 30, 2014, officers attached to the Babonneau Police Station arrested and charged 31-year-old Jervonne Remy and 31-year-old Gillan “Cockpool” Anthony of Talvan, Babonneau for the offences of kidnapping and harm.

Remy and Anthony were both accused for kidnapping 37-year-old Johnny Lionel of Fond Assau, Babonneau on Monday, June 16, 2014 about 11:00 p.m. whilst at Talvan, Babonneau.

They appeared before the First District Court in Castries on Wednesday, July 2, 2014 to answer to the said charges. Both individuals were bailed in the sum of $10,000 cash or suitable surety on the charge of kidnapping and $1,000.00 on the charge of harm. They were also bailed with conditions such as reporting to the Babonneau Police Station once a week and to surrender all travel documents.

They are scheduled to make another court appearance on July 18, 2014.

Bar President Andie George

President of the Saint Lucia Bar Association (SLBA) Andie George has said the time has come for government to appoint a new criminal judge to create a more effective justice system on island.

George told St. Lucia News Online (SNO) in an exclusive interview that one criminal judge is not enough. He claims that the current criminal judge is under constant pressure, given the increasing number of matters being brought before him.

This, George believes, is causing the constant backlog of cases, which needs serious attention.

“My perception is because there are so many cases that come up before the court and there is a single judge that has to deal with all bail applications, all preliminary applications, all sufficiency hearings and all trials, I stand to reason one judge cannot do that on his own,” he told SNO.

George explained that sometimes there are 50 cases set down for one particular day for sufficiency hearings, while on the other hand there are constant applications being made by lawyers, and also there is bail to be considered in all indictable offenses.

“It is just too much work for one judge, so he really cannot cope. If there is another judge, then the work could be spread between them, and as a result, the cases will move faster. So I believe the appointment of another judge will make way for quicker hearing and resolution of matters,” the Bar president said.

However, while the appointment of a new judge to sit on criminal matters is one issue, the other issue is finding accommodation for that judge. George believes that the High Court building is already unfit for use because of the contamination.

“Where are they likely to put this new judge when we don’t have a hall of justice?” he questioned.

Meanwhile, the SLBA head told SNO that there is also a possibility of government appointing a master to hear criminal applications to deal specifically with matters of bail and sufficiency hearings.

“If that happens, it will also help in unlocking the system,” he noted.

While admitting that having one criminal judge may be the reason for lengthier remands, George said the issue goes beyond that. He said in some cases some people have been forgotten.

“I believe too often bail applications are opposed because of our misapprehension of what bail is. Every citizen who is charged with an offense is innocent until proven guilty. Really, bail should be a course in most instances, except for more serious offenses. But in many instances bail applications are unnecessarily opposed,” he opined.

Discussions surrounding the appointment of a new judge were raised with the previous and current government and the SLBA. George noted that there have been some challenges in finding the financial resources to pay the new judge.

Under this new government, nothing was said except for Governor General Dame Pearlette Louisy making mention of having a new criminal judge appointed soon in her Throne Speech at the opening of this year’s Budget presentation in the House of Assembly. It is unclear whether a financial allocation has been made in this regard.

Andie George, Bar Association president

Given the increasing number of cases that are being brought before the courts on the island, President of the Bar Association Andie George is urging government to take a technological approach or hire stenographers in order to improve the legal system.

George told St. Lucia News Online (SNO) in a recent interview that “the time has come for judges to stop writing longhand”. He said this is one of the reasons for the backlog of cases.

“I think it is necessary that we move away from this archaic system of recording proceedings. We need technology to improve the system so that things could move faster,” he told SNO.

George insists that judges, attorneys and both parties involved in a legal matter should be able to get a transcript of the day’s proceedings at the end of the day. However at present, there is no system that allows this to happen and persons are led to wait days or weeks before they are handed a copy of the actual legal proceeding.

Although there are tape recordings of all proceedings, the attorney believes that the system is not good enough. “Because you have to have someone going through these tapes and trying to transcribe what was said and quite a few of the instances what is being said is lost because the transcriber may not be able to follow what was said on the tape,” he opined.

“The court can acquire through government’s assistance, equipment to allow that to happen and if it were a situation that there is a need for a partnership with the Bar Association, the bar would certainly assist in contributing to attaining that equipment,” George added.

George suggested that in the absence of technology, government should also look at hiring stenographers. “By the end of the day, you can get the proceedings transcribed. We had three trained stenographers and we allowed them to go.”

The training took place three years ago and was funded by government.

However, he recalled that when the stenographers returned home, no equipment was available for them to work with. They were all forced to work in various capacities in the civil service and served a bonding period before leaving. According to him, one of the three individuals is now a practicing lawyer, while the other two have moved to greener pastures.

George has also called for the appointment of a new criminal judge, which he said could also help in improving the legal system. The association head has said that one criminal judge is not enough.

He claims that the current criminal judge is under constant pressure. This, he believes, is also causing the constant backlog of cases, which needs serious attention.

A newly formed advocacy group aimed at addressing an increase in remands at the Bordelais Correctional Facility will present itself and plans to the media at a news conference on July 31, 2014.

Remand Justice said it is an organisation that is looking to help devise a way forward for an improved justice system on the island. Persons have been on remand for up to five years without trial.

According to the organisation, three of its members will present excerpts of the group’s position paper, provide updates on meetings with government officials, as well as an eight-point action plan, which it believes will not only improve the situation with remands at Bordelais but will bring forth “an overhaul of the criminal justice system in St. Lucia”.

The news conference takes place at the Monroe College Campus at Barnard Hill, Castries from 9 a.m. tomorrow.

Three men were fined $20,000 each yesterday, August 5 for possession and the intent to supply 62 pounds of cannabis.

Byron Nicolas, 27, of Soufriere; Ernest George, 40, of Babonneau; and Jabez Fredrick, 23, of Anse La Raye were jointly arrested on March 5 after the drug was found aboard a vessel.

Each of the men were fined $8,000 for the possession charge and given 10 months to pay or spend three months in prison, and $12,000 for the intent to supply charge with 10 months to pay or in default spend six months in prison.

The drugs were intercepted on a boat.  The illegal substance is worth EC$31,000.

Tamara Gibson-Marks.

Saint Lucian attorney-at-Law Tamara Gibson-Marks was slapped with three charges today at the Kingstown Magistrate Court in St. Vincent and the Grenadines (SVG).

The former SVG High Court registrar was charged with the theft of EC$21,925 between April 30 and May 21, 2014.

According to reports, the former registrar was charged with presenting a certificate which was to her own knowledge false, in a material particular to with an order claim 96/1980 on May 17, 2014.

She was also charged with direct abuse of authority in office as Registrar of the High Court of SVG and arbitrarily closing account number 800300 at St. Vincent Co-operative Bank.

Gibson-Marks pleaded not guilty to all charges. She was granted bail in the sum of EC$30,000. She is expected to make another court appearance at Kingstown Magistrate Court on October 7.

The Saint Lucian-born attorney was asked to resign her post as registrar in SVG over a month ago, by the island’s Attorney General Judith Jones-Morgan in relation to suspected financial irregularities.

Gibson-Marks, is married to former SVG Unity Labour Party senator, lawyer Ronald “Ronnie” Marks.

Gibson-Marks could be barred from practicing law in SVG.

RSM Production Company (RSM) president Jack J. Grynberg (left) and Prime Minister Dr. Kenny Anthony

PRESS RELEASE - The Government of Saint Lucia has won another round in the ongoing arbitration with RSM Production Corporation, the company owned by Jack Grynberg.

On August 13, 2014, the Arbitral Tribunal ordered RSM to post a guarantee of US$750,000 to ensure that it will pay Saint Lucia’s legal costs if it is ordered to do so at the end of the case. This is Saint Lucia’s second major success, following the Tribunal’s order on December 12, 2013, for RSM to pay all of the advances towards the administrative costs of the arbitration – which in all previous known cases have been paid 50% by each party.

Both of these orders are the first of their kinds in the history of the International Centre for Settlement of Investment Disputes (ICSID), which is administering the arbitration. The three arbitrators are independent of ICSID but are deciding the case under the ICSID Arbitration Rules, which are designed for disputes between host states and foreign investors. The Government is pleased to have achieved these unique successes.

The orders concern two categories of costs. The December 2013 order related to “administrative” costs, namely the fees to ICSID for administering the proceeding and the fees and expenses of the arbitrators. The parties pay those costs in advances, which they replenish as the advances are used up. Each side usually pays half of the advances, but RSM has been ordered to pay all of the advances and to refund an advance that Saint Lucia had already made.

The recent order relates to Saint Lucia’s own costs. RSM must now post security because of the concern that, if the Tribunal later orders RSM to reimburse Saint Lucia, RSM will fail to do so.

The Tribunal’s order summarizes the parties’ claims and defenses, saying that the case arises from an offshore petroleum exploration contract. The Tribunal noted that, “according to [RSM’s] position, boundary disputes developed, affecting the exploration area, in particular in relation to Martinique, Barbados and Saint Vincent, which allegedly prevented [RSM] from initiating exploration.” RSM also claims that former Prime Minister Stephenson King signed a three-year extension to the contract but then retrieved the document before it could be delivered to RSM. RSM claims that the extension is valid, even though RSM never received it. RSM has asked the Tribunal to declare that the exploration contract is still in full force and effect.

In reply, Saint Lucia maintains that the Agreement “has expired or is at least not enforceable and therefore Saint Lucia has no obligation [to RSM].”

The latest order does not determine which party is correct on these matters. It relates only to the costs of the proceeding.

The Tribunal noted that RSM had had a history of non-payment of costs awarded against it. The Tribunal said it was “satisfied that also in this proceeding, there is a material risk that [RSM] would not reimburse [Saint Lucia] for its incurred costs, be it due to [RSM’s] unwillingness or its inability to comply with its payment obligations.”

Moreover, RSM admitted that it had received funding from a third party, and this “supports the Tribunal’s concern that [RSM] will not comply with a costs award rendered against it, since, in the absence of security or guarantees being offered, it is doubtful whether the third party will assume responsibility for honoring such an award. Against this background, the Tribunal regards it as unjustified to burden [Saint Lucia] with the risk emanating from the uncertainty as to whether or not the unknown third party will be willing to comply with a potential costs award in [Saint Lucia’s] favor.”

The Tribunal noted that its ruling does not mean that “it considers [Saint Lucia’s] defence on the merits to be successful.

The Tribunal therefore ordered RSM to “post security for costs in the form of an irrevocable bank guarantee for USD 750,000 within thirty days of [its] decision.” If RSM fails to provide the bank guarantee, Saint Lucia can request the Tribunal “to cancel the hearing date” on the merits. The Government may, of course, choose to seek remedies other than postponing the hearing if RSM does not comply.

The hearing on the merits of the case is scheduled for February 2015.

Gibson-Marks

Saint Lucian attorney-at-law Tamara Gibson-Marks was prevented from leaving St. Vincent and the Grenadines (SVG) on Friday, August 22 by immigration officials.

The former SVG High Court registrar, who is currently facing charges of fraud and financial irregularities, was unchecked 12 minutes before boarding a flight, destined for St. Lucia.

Reports reaching St. Lucia News Online (SNO) indicates that Gibson-Marks checked in to travel on a one-way ticket to St. Lucia last Friday on LIAT flight L310, which was scheduled to depart St. Vincent at 7:15 a.m. Reports are, she was unchecked and her bags removed at 7:03 a.m.

The flight was initially booked by Duane Daniel on Thursday, August 21. This is the same day the Saint Lucian-born attorney appeared in court and was subsequently slapped with three charges. Daniel is one of her lawyers. An extension was requested until 7:10 a.m. on Friday, August 22. On that same morning, a request was made to have the name changed to Gibson.

She turned up at the SVG airport and checked in her luggage. It wasn’t long after, that officials at the airport realised that Gibson-Marks was facing charges for financial irregularities and acted quickly to prevent her from leaving SVG. Immigration informed the attorney that she would not be permitted to join the flight to St. Lucia. She was subsequently unchecked and left the airport.

The former SVG High Court registrar was charged with the theft of EC$21,925 between April 30 and May 21, 2014. She was recently charged with presenting a certificate which was to her own knowledge false, in a material particular to with an order claim 96/1980 on May 17, 2014.

She was also charged with direct abuse of authority in office as registrar of the High Court of SVG and arbitrarily closing account number 800300 at the St. Vincent Co-operative Bank.

Gibson-Marks pleaded not guilty to all charges. She was granted bail in the sum of EC$30,000. She is expected to make another court appearance at Kingstown Magistrate Court on October 7.

While she was not asked to surrender her travel documents, she was placed on a bond.

PRESS RELEASE - On Thursday 18th, September 2014, Magistrate Robert Innocent of the Second District Court found Miss Maureen Fontinelle of the United Kingdom guilty under Section 471 of the Criminal Code of St. Lucia.

Miss Fontinelle was found guilty of three (3) offences of using and interfering with property without authority and asked to pay EC$500.00 for each offence.

Miss Fontinelle’s conviction came about as a result of a legal suit brought by the State for her involvement in the removal and attempts to reprint three (3) signs which belonged to the Soufriere Foundation.

According to the Chief Executive Officer of the Soufriere Foundation, Walter Francois, “The verdict should be a lesson to Maureen that she cannot do as she so pleases in this country. This country has laws and she must operate within its limits. He added, “In only a rogue and lawless country would Maureen be allowed to get away with her actions in this matter.”

The signs which cost over EC$5,000.00 were removed on June 26, 2014 at various locations around Soufriere.

The court ruling serves as an initial victory for the Soufriere Foundation who seek to have closure over the operational dispute at the Tet Paul Nature Trail.

In the next month the organization will be going to the civil court for compensation for the cost of the signs and legal cost.

Gibson-Marks

Former Registrar of the High Court in St. Vincent and the Grenadines, Vanessa Tamara Gibson-Marks, was fined $10,500 on Tuesday, Oct. 14.

The St. Lucian had pleaded guilty to stealing EC$21,925 and the abuse of authority in office.

According to I-Witness News, District 1 Magistrate Carla James fined Gibson-Marks EC$4,500 on the theft charge with the sum to be paid in one month or three months imprisonment. She fined EC$6,000 on the abuse of authority charge, to pay in three months or spend six months in jail.

Director of Public Prosecution Colin Williams had discontinued the other charge — that “on May 7th, 2014 in Kingstown St. Vincent and the Grenadines being a person employed in the public service who being authorized to give a certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected did give a certificate which was to your knowledge false in a material particular to wit an order claim 96/1980”.

Gibson-Marks initially pleaded not guilty to all three charges and was granted bail with one surety when she appeared in court on August 21, three months after Attorney-General Judith Jones-Morgan asked her to resign.

Gibson-Marks was represented in court by St. Lucian lawyer, Alberton Richelieu.

I-Witness News has reported that the court is expected to hear soon an application by Attorney General Judith Jones-Morgan to have Gibson-Marks disbarred from practicing law in St. Vincent and the Grenadines.

Former registrar Tamara Gibson-Marks (left) and Acting Magistrate Carla James (right).

THE SEARCHLIGHT (Originally published Oct. 17) – A custodial sentence is not warranted in the case in which former High Court registrar Vanessa Tamara Gibson-Marks pleaded guilty to theft and abuse of office.

Magistrate Carla James, while sentencing Gibson-Marks on Tuesday at the Kingstown Magistrate’s Court, said she came to this conclusion after considering the aggravating and mitigating factors of the case and the precedent set by the courts in similar circumstances.

Gibson-Marks had pleaded guilty to the charges of theft of $21,925 and abuse of office on October 7.

On Tuesday, when she reappeared in court for sentencing, James fined Gibson-Marks $4,500 to be paid in one month on the theft charge. If she does not pay, she will go to jail for three months. She was also fined $6,000 for the charge of abuse of office. Gibson-Marks is to pay this fine within three months, or in default, she would face a six-month prison sentence.

As the magistrate read the sentence, Gibson-Marks stood calmly in the dock.

James said one of the main aggravating factors in the case was the loss of confidence by the public in government institutions.

“The defendant’s actions in the commission of the offences have resulted in an obvious loss of public confidence in state institutions. There’s been a breach of public trust by the actions of defendant.

“The defendant at time in the commission of the offences held the office of registrar of the High Court — a position which came with great responsibility and accountability and in which a great degree of trust and integrity was reposed…. By her actions, she breached that trust significantly and abused her office in the commission of these offences,” James said.

The magistrate said she also considered as aggravating, the period over which the offences were committed.

According to a report from the director of audit, the $21,925 that Gibson-Marks pleaded guilty to stealing was taken between April 2006 and May 2014.

The money which was stolen belonged to the Mediation Programme at the High Court, where Gibson-Marks served as the accounting officer. The money had been kept in a drawer at the High Court.

According to defence attorney Alberton Richelieu, when money from the Mediation Programme was reported missing two years ago, the practice of placing money in the drawer continued.

“As registrar, the defendant was responsible for all funds collected and the accounting per se. Through error or inadvertence, no proper record of receipts and transactions were kept. We wish to respectfully submit that the state of the mind, whether through sheer inadvertence or recklessness can give rise to the offence by virtue of not keeping proper records,” Richelieu told the court.

He, however, stated that Gibson-Marks had made full restitution of the sum stolen.

Copies of that payment and acknowledgement of receipt by the Attonery General were furnished to the court by Richelieu.

“The defendant in the disclosure that we had, on first opportunity, admitted that she had in fact, taken the money,” Richelieu said.

He said on May 21, 2014, his client, when speaking to Attorney-General Judith Jones Morgan, admitted to what she had done, then resigned and left the country thereafter.

“She left the state of St Vincent to see how she could right her wrong. The stress and the situation took a toll on her health, she lost considerable weight… The defendant has been the subject of much chatter on social media websites. So far, that chatter has extended to and has affected her child, who has repeated to her what she heard at school, starting with the question, mummy, [are] you still a lawyer?”

The lawyer, further in his mitigation, also mentioned that Gibson-Marks had to deal with an ailing mother, which produced “serious, outstanding” medical bills, which he said she had to deal with at the time.

Richelieu pleaded with the magistrate to temper justice with mercy, adding that his client was a first time offender, therefore a non-custodial sentence would be appropriate.

“The defendant has indicated she has a keen interest in rehabilitation and has expressed remorse. When asked what personal message she (Gibson-Marks) would like to leave with the court, she has indicated she is very sorry for what has happened. She has expressed much remorse and invites the court, in the circumstances to be as lenient.”

Richelieu told the court that on the advice of family and friends, Gibson-Marks agreed to see a therapist, who he said prescribed medication and recommend that she continues the therapy sessions.

He further stated that the therapy sessions are a necessary part of Gibson-Marks’ rehabilitation and may not be readily accessed if she was incarcerated.

The attorney said his client is eager to continue therapy in St Lucia to ensure that she starts a new life, which he noted would be difficult for her.

A copy of a letter from the psychologist also formed part of Richelieu’s submissions in mitigation.

Endorsing Richelieu’s submission, another of Gibson-Marks’ defence counsel, Duane Daniel, told the court that the circumstances of the theft charge were in its simplest form and that there was no serious sophistication that would attract a higher sentence.

“There was direct access to the funds and that was the method of appropriation,” Daniel said.

Daniel, who also spoke in a personal capacity, said this month marks 17 years since he has known Gibson-Marks.

“I can attest to the fact that she is a good mother and she loves her daughter dearly… I can also attest to the fact in two days time, it’s her daughter’s birthday… “

He said having visited Gibson-Marks in St Lucia, he is personally aware of the devastating effect that the matter had had on her.

He, too, asked for the court’s leniency on Gibson-Marks.

In weighing the mitigating factors, James said she took into account that Gibson-Marks is a first time offender and that she has no previous convictions.

“She’s an individual of good character, in submissions and mitigation before the court. The defendant’s history indicates that she was raised in a Catholic household, she has been involved in numerous cultural and community organizations in St Lucia, as well as here in St Vincent and the Grenadines. Counsel has also submitted in mitigation that during her tenure as registrar, she would have worked tirelessly to ensure modernization and digitization of the registry department…,” James said.

James further stated contrition and regret were shown by the defendant when she was confronted by the Attorney General, and she immediately admitted to taking the money.

“Compensation and restitution has been made. The defendant has made full restitution of the sum of $21,925 to the relevant state authorities. An early plea of guilty was entered; she did not waste the court’s time and the prosecution’s time in going through the rigours of a trial… she has cooperated fully with the police and offers no challenge to disbarment proceedings currently before another court,” James stated.

The magistrate said Gibson-Marks has exhibited good qualities as a prospect for rehabilitation and has commenced therapy sessions in an effort to confront the underlying issues which led to her actions.

The magistrate added that in arriving at an appropriate sentence, she looked at cases here that arose out of the magistrate’s court and stated that the money stolen in those cases far exceeded the quantum in Gibson-Marks’ case. She further stated that the court imposed non-custodial sentences in those cases.

“In my mind, the mitigating factors outweigh the aggravating factors in this case. The defendant has expressed remorse and has made full compensation in the full sum to the authorities in the sum of $21,925. She’s entered a plea of guilty to the charges and has sought to right the wrongs that were committed. This does not in any way detract from or excuse the seriousness of the offences… Having regard to all the circumstances of the offences, the aggravating and mitigating factors, the precedent set by the courts in similar circumstances, the imposition of a custodial sentence is not warranted in these circumstances,” James said.

The former High Court registrar had also been accused of withdrawing cash in excess of $300,000 between April 2013 and March 2014 from a trust account at the St Vincent Cooperative Bank, for matters which appeared unrelated to cases being settled by the court.

No charge was laid against Gibson-Marks in relation to these withdrawals,However, at a press conference last month, Prime Minister Dr Ralph Gonsalves said Gibson-Marks had already repaid over $300,000, which had been withdrawn from the trust account.

A third charge of false certification by a public officer, with which Gibson Marks had been charged, and to which she pleaded not guilty, was taken over and discontinued by Director of Public Prosecutions Colin Williams on October 7.

An application made by Attorney General Judith Jones-Morgan for Gibson-Marks to be disbarred because of improper and unprofessional conduct was allowed by Justice Esco Henry in Chambers at the High Court in Kingstown earlier this month.

That application is still to be heard.

Gibson-Marks returned to St Lucia on Wednesday.

Alberton

THE SEARCHLIGHT (Originally published Oct. 17) - Following the discovery that $21,925 could not be accounted for from the Mediation Programme at the High Court, co-workers of former High Court registrar Tamara Gibson-Marks held fund-raising activities to replace the missing funds.

This was disclosed at the Kingstown Magistrate’s Court on Tuesday by Gibson-Marks’ lawyer, Alberton Richelieu.

“The money in the fund had its own peculiar history, where proper accounting was not kept by the defendant (Gibson-Marks). The facts mentioned that there was a series of unreported thefts …,” he said.

“In fact, fellow co-workers, realizing the dilemma, set out to hold fund-raising activities to have those monies replaced. What this in effect shows, is that the figure that should have been appropriated, should have been a lesser sum than is reflected in the charge sheet… In any event, the defendant recognizes her culpability in appropriating the balance and realizing that she was in fact responsible for proper accounting,” Richelieu submitted.

Gibson Marks was charged with theft of $21, 925 from the Mediation Fund and abuse of office. Magistrate Carla James fined her $4,500, to be paid in one month, for this offence. Defaulting on this will earn her three months in prison. – See more at: http://searchlight.vc/coworkers-held-fundraising-activities-to-replace-monies-p52335-83.htm#sthash.o53zFDOY.dpuf

Clint Mathurin.

The man accused of murdering 36-year-old, Barthelmy Cox, also known as “Diego”, on October 9, made his first court appearance today.

Clint Mathurin was charged with murder and aggravated burglary in connection with the shooting death of Cox.

His matter will be up for further case management and referral to the High Court, on November 13, 2014, the date given for his next court appearance.

Mathurin who is being represented by Attorney at Law Alberton Richelieu was remanded to the Bordelais Correctional facility.

Mathurin, 29, of Arundell Hill was captured by police in a joint operation between the Marine Unit and Special Services Units, on Sunday, October 19, 2014 about 10:00 p.m.

The police said in a statement that the operation took place within the territorial waters off the Northern tip of Cape Estate, known as “Pointe Du Cape”.

During the interception, Mathurin jumped overboard but was unable to evade the lawmen. Three other individuals who were onboard the vessel, who are now in police custody.

On October 13, 2014, a Warrant of Arrest in the First Instance was issued for Mathurin.

Mathurin is the key suspect in the investigation of the homicide of Cox shooting death.

He also had previous police matters emanating from 2013, where he failed to make a court appearance for the offence of kidnapping, which is reported to have occurred on January, 3rd, 2013.

PRESS RELEASE - The Office of the Director of Public Prosecution has issued a notification that Nicholas Perineau alias “B.E.T” contacts the Office of the Director of Public Prosecution as soon as possible.

Perineau is known to reside at La Croix Maingot and has been a bus driver on the Corinth/ Gros Islet route.  Mr. Perineau is asked to please contact SPC Chicquot of the Prosecution Unit at 724 0715.

Mr Perineau can also report to the office of the DPP located upstairs the RBTT building on Micoud Street on Monday, November 10, 2014 at 8:00.a.m.

Dr Shams arrives for court.

The case management hearing for the men involved in the Lambirds Academy scandal began today, Friday (June 26) at the Gros-Islet Court.

The indictable charges of human trafficking and money laundering were read to the defendants, including the defunct institution’s Chief Executive Officer Dr. Iftekhar Shams.

The other defendants are Kumar Batukbhai Chadasama, Ashwin Kanji Patel, and Gurjeet Singh Vilkhu.

All four men pleaded not guilty. The defense team is headed by attorney Marcus Foster.

The prosecution pushed for adjournment in the money laundering matter, but indicated their readiness to move ahead with the human trafficking offenses.

The dates were set for both trials. The money laundering trial begins on August 12 at the Gros-Islet Court, and the human trafficking and forgery charges trial begins July 29 at the Castries Court.

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Employees attached to the High Court in Castries have still not been able to effectively carry out their duties since Monday, due to some health issues being experienced at work.

St. Lucia News Online (SNO) understands that this new development has since had a negative impact on the operation of the court system in Castries, particularly the High Court.

Acting General Secretary of the Civil Service Association (CSA) Mary Isaac said it is unacceptable to have the employees work under such conditions, with poses serious health risks.

Isaac said that she understands that the employees have not been able to function properly and nothing was said to them about it despite numerous complaints, except that they were sent home on Tuesday.

“The building won’t get better because of the asbestos. You cannot get rid of asbestos in a short period of time, the building will have to be properly treated,” she asserted.

The CSA official is recommending that the Ministry of Justice find some means of placing the staff at a temporary location, until the matter is resolved, noting that they cannot continue to work in an unconducive environment.

The Attorney General office will soon be relocated to a new building, but Isaac believes that this matter is more serious and the High Court employees should be the ones to be relocated instead.

The building was treated over the weekend, however, since the employees return, they have been experiencing skin and tracheal irritations, itchy eyes and dizzy spells.

“The staff are not sure whether it may be the incomplete job to eradicate poisonous substances from the building or whether it may be from the chemicals used,” on employee told this publication.

Efforts to contact the registrar or deputy registrar proved futile on several occasions, as most of the phone calls to the registry went unanswered.

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PRESS RELEASE – The local business community as well as consumers, can look forward to having their business disputes settled in a timely manner as a result of the appointment of High Court Judge Mrs. Cadie St. Rose-Albertini who will preside over such matters effective July 1st for the next three years.

The appointment of the high court judge is regarded as a significant milestone towards the implementation of ‘a forum to resolve business disputes quickly, effectively and fairly in order to attract investment and promote private sector growth’ as identified by the Prime Minister in the 2013/2014 budget.

In 2014, the Technical Secretariat of the National Competitiveness and Productivity Council (NCPC) and the Ministry of Legal Affairs, with support from Compete Caribbean embarked on the design of the Commercial Division to the High Court based on the experiences of a similar court in the British Virgin Islands which has been internationally recognized as a good model. The design is now complete and the NCPC as well as the Ministry is in the process of taking the necessary steps to establish the Division.

The new Division, which is anticipated to formally open before the end of the year, is expected to increase the efficiency of the legal system to settle commercial matters, including commercial contract disputes.

Compete Caribbean is supporting the implementation of the Division, including providing technical support for the revision of the Civil Code, Insolvency Act and other changes required to the legislative framework. It will also assist in equipping the court over the upcoming months.

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CMC – The St Lucia Government says it will soon table legislation that will allow for the island to make the Trinidad-based Caribbean Court of Justice (CCJ) its final court, replacing the London-based Privy Council.

Prime Minister Dr Kenny Anthony said that St Lucia has a provision in its Constitution that is identical to a provision of the Constitution of Dominica, which used that measure to join the CCJ that was inaugurated in 2005.

‘St Lucia has an identical provision but it makes reference to a section in the constitution which we believed was wrong. In other words there is an error in the section.”

Anthony said that St Lucia has a law that allows the Attorney General to refer questions to the Court of Appeal for an advisory opinion in constitutional matters.

“I think we are the only country in the Caribbean with that law and it is a very useful devise. So we approached the Court of Appeal and asked them for a determination as to whether there was, they agreed with the Government there was an error.

“By a 2-1 majority, the Court of Appeal agreed there was an error and …I have read the dissenting judgement and I can’t agree with it not because we are championing the cause but purely on the reasoning contained in that dissenting judgement,” said Anthony, a former law lecturer at the University of the West Indies (UWI).

He said armed with the opinion from the court he has formally written to the British Government “advising…that the Government of St Lucia wishes to delink from the Privy Council in pursuant of the requirements of that section.

“Now what will happen next, I anticipate that when we go to Parliament with the legislation to seek to delink St Lucia from the Privy Council, the opposition or other elements who feel wedded to the Privy Council for all kinds of reasons for which I will not explore…will likely want to take the matter to the court again”.

Prime Minister Anthony said while he has no objection or problem with the move by the opposition, his administration would go ahead and table the legislation.

“Our Constitution requires a 90-day period between laying and the debate and once the constitutional process is completed meaning that the legislation has gained the approval of Parliament for which we must have a two-third majority, then I would expect that the persons who are opposed to the delinking will want to approach the court.

“We don’t have no problem with that, it will be interesting to get the Privy Council to pronounce on the findings of the Court of Appeal whose decision is not binding, it is only persuasive because it is nothing more than an advisory opinion.

“So that’s where we are and I am assume the next few months will be interesting in that regard,” Anthony said.

In March this year, Dominica became the first member of the Organisation of Eastern Caribbean States (OECS) to join the CCJ in both its Original and Appellate jurisdictions.

Dominica joined Barbados, Belize and Guyana that have signed on to both the Appellate and Original jurisdictions of the CCJ that also functions as an international tribunal interpreting the Revised Treaty of Chagauaramas that governs the 15-member regional integration movement.

Most of the other Caribbean countries are signatories to the Original jurisdiction.

Sir Dennis Byron, the second Caribbean national to head the Trinidad-based Caribbean court said he is certain that within a year, not only will Jamaica be added to of the full membership of the court, but also Trinidad and Tobago and the other islands in the sub-regional OECS.

“All the countries have agreed to be on board because when they signed the treaty establishing the court they entered into that arrangement and they went further than that, they have all put money to fund the operation of the court so they are fully on board in that respect.”

“What they have not done is abolish appeals to the Privy Council. That is one thing that has not been done and as far as my crystal ball suggests that within the next year or two the countries will be on board,” he said as the court celebrates its 10th anniversary this year.

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