Sean Gaskin Intended Appellant/Applicant v Attorney General First Respondent Clyde Nicholls Second Respondent

JurisdictionCaribbean States
CourtCaribbean Court of Justice (Appellate Jurisdiction)
JudgeJustices Nelson, Saunders, Wit, Hayton, Anderson, The Honourable Mr Justice Adrian Saunders
Judgment Date17 Feb 2011
Neutral Citation[2011] CCJ 1 AJ
Docket NumberCCJ Application No AL 9 of 2010

[2011] CCJ 1 (AJ)

IN THE CARIBBEAN COURT OF JUSTICE

Appellate Jurisdiction

ON APPEAL FROM THE COURT OF APPEAL OF BARBADOS

Before

The Honourables:

Mr Justice Nelson

Mr Justice Saunders

Mr Justice Wit

Mr Justice Hayton

Mr Justice Anderson

CCJ Application No AL 9 of 2010

BB Civil Appeal No 20 of 2007

Between
Sean Gaskin
Intended Appellant/Applicant
and
The Attorney General
First Respondent
Clyde Nicholls
Second Respondent
Appearances

Mr Ralph Thorne QC for the Intended Appellant/Applicant

Mr Leslie Haynes QC with Ms Donna Brathwaite and Mr McWatt for the First Respondent

Ms Roslind Jordan for the Second Respondent

JUDGMENT of The Honourable Justices Nelson, Saunders, Wit, HaytonandAndersonDelivered byThe Honourable Mr Justice Adrian Saunderson the 17th day of February, 2011

1

Separate applications were made to the Caribbean Court of Justice (“this Court”) by the Intended Appellants/Applicants, namely, Sean Gaskin, Frederick Christopher Hawkesworth and John Wayne Scantlebury (together referred to as “the Applicants”) for a) an extension of time within which to seek special leave to appeal to this Court, b) special leave to appeal; and c) leave to appeal to this Court as a poor person. These respective applications were not formally consolidated but they were heard together. Given that the circumstances surrounding each of them are almost identical it is accepted that they would either all succeed or all be denied.

2

This Court heard the applications by audio conference on 28 th January, 2011. We made an order in each of them immediately after receiving the oral submissions of counsel. We dismissed the applications. We undertook then to give in due course written reasons for our decision and we do so now. This judgment is given ostensibly in the applications of Sean Gaskin (“the Applicant”) but it follows that all that is stated here would also be applicable to Hawkesworth and to Scantlebury. Since the matter giving rise to our orders raises exclusively questions of procedure, in this, our reasoned judgment, we have naturally concentrated on those questions and have to a large extent ignored the underlying substantive issues.

3

The applicant was arrested on 31 st May, 2004 in connection with extradition proceedings initiated by the Government of the United States of America. The extradition proceedings were commenced before the Second Respondent, the Chief Magistrate of Barbados. At the close of the case for the prosecution, during the proceedings before the Chief Magistrate, the Applicant made certain submissions which the Chief Magistrate overruled. The Applicant then immediately sought judicial review of the Chief Magistrate's ruling. The proceedings before the Chief Magistrate were then stayed.

4

In the course of their respective judicial review applications the Applicant raised certain constitutional issues. It is not necessary to refer to them in this judgment but on 31 st July, 2007 the Barbados High Court ruled on these applications —. The Applicant was dissatisfied with that ruling as well. He appealed to the Court of Appeal. On the 8 th June, 2009 the Court of Appeal dismissed his appeal.

5

On the 22 nd July, 2009 the Court of Appeal granted leave to the Applicant to appeal to this Court under section 6(c) of the Caribbean Court of Justice Act. Section 6(c) gives an appeal as of right to an intended appellant in any civil or criminal proceedings which involve a question as to the interpretation of the Constitution. The Court of Appeal imposed two conditions in granting leave to appeal to the Caribbean Court of Justice (“the CCJ”). The court ordered the Applicant to a) provide security for costs in the amount of $15,000.00 within sixty days from the date of the making of that court's order and b) provide to the proper officer (i.e. the Registrar of the Supreme Court of Barbados) within a period not exceeding ninety days, a list of documents to be included in the record of appeal.

6

The Applicant did not comply with the Court of Appeal's order. No security for costs was provided. Instead, the Applicant purported to file a notice of appeal on the 18 th December, 2009. On the 30 th December, 2009, the proper officer issued a certificate of non-compliance in relation to Applicant's intended...

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