CCJ dismisses Allen Chastanet’s appeal in Ernest Hilaire customs case

The Caribbean Court of Justice (CCJ) has dismissed an appeal filed by Saint Lucia’s Opposition Leader, Allen Chastanet, effectively bringing to an end a years-long legal battle surrounding the withdrawal of customs charges against Deputy Prime Minister Dr. Ernest Hilaire.

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In its ruling delivered on Tuesday, October 15, the CCJ upheld earlier decisions by both the High Court and the Court of Appeal, which had rejected Chastanet’s challenge.

The matter dates back to 2020, when the Comptroller of Customs filed several charges against Dr. Hilaire under the Customs (Control and Management) Act. The charges stemmed from the alleged importation of a Land Rover Discovery vehicle following his return from his posting as Saint Lucia’s High Commissioner in London.

A year later, in 2021, newly appointed Comptroller of Customs Sharman Emmanuel sought permission from the Magistrates’ Court to withdraw the charges. The court granted that request, ending the proceedings.

However, Chastanet subsequently applied to the High Court for judicial review, arguing that the Comptroller no longer had authority to withdraw the case because the Director of Public Prosecutions (DPP) had already taken over the matter.

The CCJ disagreed with Chastanet’s argument, finding no evidence that the DPP had formally assumed control of the prosecution.

“The mere forwarding of the case file to the DPP and the subsequent participation of counsel from the DPP’s office in the proceedings were insufficient to establish that the DPP had taken over the prosecution,” the Court stated.

The judges further ruled that once the magistrate granted permission to withdraw the case, that judicial decision superseded any administrative action taken by the Comptroller. As such, the challenge should have been directed at the magistrate’s ruling, not the Comptroller’s decision.

“Judicial review of the Comptroller’s decision was legally misconceived,” the Court added.

The CCJ’s decision confirms that the withdrawal of the customs charges against Dr. Hilaire was lawfully executed and not open to further review, marking the conclusion of one of Saint Lucia’s most politically charged legal disputes.