Federal Gov’t wins Court of Appeal, Prest’s application to appeal to the Privy Council dismissed
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Federal Gov’t wins Court of Appeal, Prest’s application to appeal to the Privy Council dismissed
Federal Gov’t wins Court of Appeal, Prest’s application to appeal to the Privy Council dismissed
The Federal Government has secured a legal victory as the Court of Appeal on Thursday April 10th, dismissed an application by Michael J. Prest seeking leave to appeal to the Judicial Committee of His Majesty’s Privy Council, the Federation’s apex Court of Appeal.
In a decision delivered on Thursday April 10th, the Eastern Caribbean Court of Appeal found that Mr. Prest’s application raised no issues that warranted further appeal, either as of right or on grounds of public importance. Additionally, the Court ruled that the intended appeal did not involve any genuinely disputable question concerning the interpretation of the Constitution of Saint Christopher and Nevis under section 99(1) (c), nor did it raise issues of great general or public importance under section 99(2) (a) of the Constitution.
It also reaffirmed its previous position that Mr. Prest’s matter arose from a “criminal cause or matter” and therefore fell within the statutory bar on appeals to the Court of Appeal under section 33(3) (a) of the Eastern Caribbean Supreme Court (Saint Christopher and Nevis) Act.
Attorney General, the Hon. Garth Wilkin, argued the appeal on behalf of the Magistrate of District “C”, supported by Solicitor General, Mrs. Simone Bullen-Thompson. Attorney General Wilkin welcomed the ruling, emphasizing the Government’s commitment to upholding the rule of law, defending lawful state actions and ensuring that justice prevails without unnecessary delays.
The case stems from Mr. Prest’s challenge to arrest warrants issued in 2021 in relation to allegations of fraudulent conversion involving over US$2.53 million. Mr. Prest’s efforts to halt the proceedings through judicial review were previously rejected by the High Court, and his appeal was subsequently dismissed by the Court of Appeal in April 2024 on the basis that it lacked jurisdiction to hear the matter.