On Wednesday, October 15, 2025, the Caribbean Court of Justice (CCJ) rendered a decision to dismiss an appeal filed by former Saint Lucian Prime Minister Allen Chastanet. A CCJ report outlined that the appeal contested the decision to withdraw criminal proceedings against the current Deputy Prime Minister, Dr. Ernest Hilaire.
It further stated that the case originated from the discontinuation of criminal charges initiated in 2020 by the Saint Lucian Customs Comptroller against Dr. Hilaire. These charges stemmed from allegations that Dr. Hilaire failed to present a commercial invoice for a vehicle imported into Saint Lucia during his tenure as High Commissioner in London. Following a change in government and mediation efforts, the new Customs Comptroller decided to halt the prosecution, and a Magistrate subsequently granted permission for the case to be withdrawn.
Chastanet challenged this decision through a judicial review, asserting that by January 2021, the Director of Public Prosecutions (DPP) had assumed responsibility for the case. He argued that under the Saint Lucian Constitution, only the DPP had the authority to discontinue criminal proceedings. Furthermore, Chastanet claimed that the decision to end the case was irrational, driven by political motives, and constituted an abuse of power. Both the High Court and the Court of Appeal rejected his application for judicial review.
The CCJ, presided over by Mr. Justice Eboe-Osuji and supported by President Anderson and Justices Rajnauth-Lee, Barrow, and Ononaiwu, affirmed the lower courts’ rulings. The Court clarified that the evidence did not substantiate that the DPP had taken over the prosecution. It emphasized that simply forwarding the case file to the DPP and the involvement of DPP’s counsel did not automatically transfer control of the case away from the Comptroller. The Court emphasized that clearer evidence was necessary to prove such a transfer. Notably, the DPP had never claimed responsibility for the case, even after its discontinuance.
The CCJ further clarified that, according to section 73(4) of the Constitution, only the DPP possesses exclusive authority to discontinue criminal proceedings. If another authority initiates proceedings, the withdrawal can only occur with judicial approval. Once the Magistrate granted leave to withdraw the case, the decision effectively merged into the judicial act, making the Magistrate’s order the only challengeable act. Since no challenge was lodged against the Magistrate’s decision, the Court held that judicial review of the Comptroller’s initial decision was legally misplaced.
Supporting the majority opinion, Mr. Justice Barrow pointed out the inconsistency in Chastanet’s arguments, according to the CCJ release. He noted that the appellant claimed the Comptroller lacked authority to withdraw the case because the DPP had taken over, yet also sought orders to reinstate the case, which was illogical.
Ultimately, the appeal was dismissed without any order as to costs. Chastanet was represented by Mr. Garth Patterson KC, Mr. Mark Maragh, Ms. Tanya Alexis-Francis, and Ms. Akeelia Richards. The respondents’ legal representatives included Mr. Anthony Astaphan KC and Mr. Seryozha Cenac.
I applaud the decision to dismiss without costs. Our courts are there to clarify doubts from the citizens, they should not be punitive, making comments as ” wasting the court’s time ” , as is done in some colonial juridictions.
Have a doubt, the court is where you head to.
Sounds like something Linton, Chastanet’s protégé, would say.
No wonder corruption is so ubiquitous in the region. This majority members of CARICOM got it right by not hopping on the CCJ train.
Why does this person, Ibo France, keep talking all this nonsense? CCJ has been the best thing for those who signed on. Don’t worry, unlike what you think, the rest of CARICOM will be joining and when they do, what will you do? Ibo, France.