In a judgment published on November 27 2024, the Eastern Caribbean Court of Appeal granted Allen Chastanet’s application to file an appeal with the Caribbean Court of Justice.
This appeal is in relation to his lawsuit against the Comptroller of Customs for the withdrawal of criminal proceedings against Deputy Prime Minister Dr. Ernest Hilaire.
In Chastanet’s application, he argued that the Comptroller of Customs does not have the legal authority to withdraw criminal charges against an individual. A judgment handed down by the Appeals Court in April ruled that the Comptroller does have the authority to withdraw proceedings, but Chastanet’s attorneys provided a different interpretation of the Customs Act.
According to Chastanet, criminal proceedings can only be stopped by the Director of Public Prosecution.
At paragraph 3 of the decision, the Court says Chastanet’s appeal raises significant legal questions about the interpretation of the Constitution and the Customs Act. It adds that the Caribbean Court of Justice needs to make a definitive ruling in the matter.
“In the instant matter, the proposed appeal and the decision of the Court of Appeal raised several serious legal and constitutional issues which have not had, but which could benefit from, the highest judicial pronouncement,” the judgment read.
This matter is the latest addition to the years-long tug-of-war between Dr. Ernest Hilaire and Allen Chastanet over Hilaire’s importation of a Land Rover Sport.
According to Chastanet and former Customs Comptroller Peter Chiquot, now the opposition United Workers Party (UWP) candidate for Castries South East, the vehicle was licensed to the government of Saint Lucia and does not belong to Hilaire.
In December 2021, incoming Customs Comptroller Sherman Emmanuel discontinued the criminal proceedings against Hilaire after mediation sessions between the Department and Hilaire’s attorneys.
The two parties arrived at a consensus that the vehicle was, in fact, Hilaire’s property.
In addition, Chicot issued an apology to the Court and Dr Hilaire.
By 2022, Chastanet had filed his suit against the Comptroller of Customs, claiming that the discontinuation of criminal proceedings against Hilaire was unlawful.
Chastanet’s arguments failed in both the High Court and Court of Appeal.
Raising serious Constitutional challenges, the Court of Appeal has approved Chastanet’s appeal with certain conditions.
“[Chastanet] shall, within a period not exceeding ninety (90) days of the date of this judgment provide security for costs which the applicant may become liable or be ordered to pay in an amount not exceeding EC$7,500.00; and (b)…shall provide to the Chief Registrar within a period not exceeding ninety (90) days of the date of this judgment a list proposing the documents which should be included in the record of appeal.”
Chastanet intends to make a final case against the decision at Saint Lucia’s highest court, the Caribbean Court of Justice.
