Categorized | Local, News

Attorney at Law Warren Cassell and his Law firm win major high court ruling in Montserrat

 Judge Astaphan questions police as he rules for relief to Warren Cassell and his law firm against  seizures

Justice Thomas Astaphan in Montserrat

In a significant ruling handed down Friday, September 21, 2012, the High Court of Montserrat has granted Attorney Warren Cassell, his wife Cleo and the legal firm Cassell and Lewis, leave to file a lawsuit seeking several reliefs including damages.

The ruling by His Lordship Justice Thomas Astphan was made following the filing of an application by Mr. Cassell and Cassell and Lewis, which sought permission to file for damages, after the home of Mr. Cassell and his wife and the offices of Cassell and Lewis were searched by officers of the Royal Montserrat Police Force, just days after Cassell’s conviction in February,  2012.

Mr. and Mrs. Cassell alleged that the search, during which the police officers removed several items including a laptop, computer, hard drive and camera, which belonged to Cassell and Lewis, was illegal, unconstitutional and without legal basis.

Attorney Cassell and his law firm brought the matter to the High Court of Montserrat, against the Commissioner of the Royal Montserrat Police Force, Police Sgt. Jessica Sweeney and Constable Tyrone Fenton; and the Attorney General.

The day before this hearing, the Commissioner of Police filed an Affidavit in opposition to the application for interim relief. While acknowledging the search and seizures, he denied any illegality.  In the Affidavit, however, he did not oppose the application for leave to file for and serve originating motion, but consenting to have only two of the items returned.

The DPP’s office sought to support their opposition which was revoked eventually, as the judge asked them, how did this matter get here, suggesting he saw no evidence to support the police actions.

His Lordship Justice Astaphan ordered as follows:

By the consent of the Respondents, leave to file an serve an originating motion and supporting Affidavits for judicial review be granted upon the condition that it be filed within 14 days from the date of receipt of this Order by the Applicants;

Consent of the respondents, the items seized by the Royal Montserrat Police Service namely 1 Apple Ipad, 1 Nikon Camera,1 External Hard Drive, 1 Apple MacBook Pro Computer and accessories, be returned to the Applicants forthwith; and costs are agreed in the sum of EC$500.00 against the Respondents

The Cassells in their Affidavits of over 53 clauses deposed to an outline of how she was stalked, that the police lay waited Cleo at MSS where she teaches, followed her home three minutes away and with warrant in hand forced their way into her house with her children, proceeded to search and humiliate them amidst her objections, “I know I have done nothing for you to demand that you search these premises…”

She deposed that the Respondents along with several snide remarks, said such things and asked questions as, “where the 2nd Applicant’s wedding ring was…how could you afford this house?” Among other matters: threatened to take my personal computer and my kindle…kept badgering me for the 2nd Applicant’s cell phones. Both the 2nd and 3rd police officers were very commanding in the presence of the children who were obviously shaken up by their intruding presence…search my children’s bedrooms,…whose vehicles are those?”

In the end, Mrs. Cassell accused as follows, that, “I was detained like a criminal during the entire gruelling search and was unable to go back to my duties at the Montserrat Secondary School…The 2nd and 3rd Respondents made a careless, and disrespectful search of the personal possessions of the 2nd Applicant, my children and myself and also the belongings of Cassell & Lewis.”

Meanwhile the Attorney General sought to have the DPP’s office attached and named in the matter.

However the Intellectual Property, Entertainment and Company lawyer waits his appeal hearing early in November, the police having complied effectively with Judge Astaphan’s direct order in returning the seized goods.

 

7 Responses to “Attorney at Law Warren Cassell and his Law firm win major high court ruling in Montserrat”

  1. đọc báO says:

    Such as Miley Cyrus, Selena Gomez, and the Jonas Brothers.

    The society never disappoints when it comes to providing weird news that
    usually shocks people. Well, these sorts of information have certain value in our lifestyle, as this improves our thinking
    and grow our potential certainly.

  2. BONUSTRICK: Wenn Sie viele Gruppen und Kontakte aus den Neuigkeiten ausblenden, prüfen Sie gelegentlich so im Abstand von drei bis sechs Monaten.

  3. Undoubtedly, the internet is among the most preferred market places
    where sellers and buyers meet. Today, Parents magazine and
    car-buying platform Edmunds. 00 per gallon, depending on market prices, but that
    is a good benchmark.

  4. 対候性 says:

    サイト拝見しました。大変大いに 詳しく書かれていて 記載されていて関心感動しました。我々のサイトの参考にします。ありがとうございました。

  5. coke spoon says:

    Abroad, modified cars long, first appeared in the modified car to better
    participate in the competition, drag racing,
    like so many people have converted their car engines,.
    Producing a very light car will drop its fuel consumption, and oil companies will not appreciate this.

    Go to the search tool and search for keyword like used cars in Bangalore, pre owned cars and second hand cars in Bangalore.

  6. Unquestionably believe that which you stated. Your favorite justification appeared to be on the internet the simplest thing to be aware of.
    I say to you, I certainly get irked while people consider worries that they just don’t know about.
    You managed to hit the nail upon the top and defined out
    the whole thing without having side-effects
    , people could take a signal. Will probably be back to get more.
    Thanks

  7. The proceeds of selling your older car can go to the operations of the charity like giving food
    or clothing to the family that they supported.
    Be smart and savvy when negotiating the interest rate for
    new cars and don’t just sign on the bottom line.
    It includes 4 different frequencies so you can race against your friends.

Trackbacks/Pingbacks


Leave a Reply

Important Notice

Newsletter

Archives

 Judge Astaphan questions police as he rules for relief to Warren Cassell and his law firm against  seizures

Justice Thomas Astaphan in Montserrat

In a significant ruling handed down Friday, September 21, 2012, the High Court of Montserrat has granted Attorney Warren Cassell, his wife Cleo and the legal firm Cassell and Lewis, leave to file a lawsuit seeking several reliefs including damages.

Insert Ads Here

The ruling by His Lordship Justice Thomas Astphan was made following the filing of an application by Mr. Cassell and Cassell and Lewis, which sought permission to file for damages, after the home of Mr. Cassell and his wife and the offices of Cassell and Lewis were searched by officers of the Royal Montserrat Police Force, just days after Cassell’s conviction in February,  2012.

Mr. and Mrs. Cassell alleged that the search, during which the police officers removed several items including a laptop, computer, hard drive and camera, which belonged to Cassell and Lewis, was illegal, unconstitutional and without legal basis.

Attorney Cassell and his law firm brought the matter to the High Court of Montserrat, against the Commissioner of the Royal Montserrat Police Force, Police Sgt. Jessica Sweeney and Constable Tyrone Fenton; and the Attorney General.

The day before this hearing, the Commissioner of Police filed an Affidavit in opposition to the application for interim relief. While acknowledging the search and seizures, he denied any illegality.  In the Affidavit, however, he did not oppose the application for leave to file for and serve originating motion, but consenting to have only two of the items returned.

The DPP’s office sought to support their opposition which was revoked eventually, as the judge asked them, how did this matter get here, suggesting he saw no evidence to support the police actions.

His Lordship Justice Astaphan ordered as follows:

By the consent of the Respondents, leave to file an serve an originating motion and supporting Affidavits for judicial review be granted upon the condition that it be filed within 14 days from the date of receipt of this Order by the Applicants;

Consent of the respondents, the items seized by the Royal Montserrat Police Service namely 1 Apple Ipad, 1 Nikon Camera,1 External Hard Drive, 1 Apple MacBook Pro Computer and accessories, be returned to the Applicants forthwith; and costs are agreed in the sum of EC$500.00 against the Respondents

The Cassells in their Affidavits of over 53 clauses deposed to an outline of how she was stalked, that the police lay waited Cleo at MSS where she teaches, followed her home three minutes away and with warrant in hand forced their way into her house with her children, proceeded to search and humiliate them amidst her objections, “I know I have done nothing for you to demand that you search these premises…”

She deposed that the Respondents along with several snide remarks, said such things and asked questions as, “where the 2nd Applicant’s wedding ring was…how could you afford this house?” Among other matters: threatened to take my personal computer and my kindle…kept badgering me for the 2nd Applicant’s cell phones. Both the 2nd and 3rd police officers were very commanding in the presence of the children who were obviously shaken up by their intruding presence…search my children’s bedrooms,…whose vehicles are those?”

In the end, Mrs. Cassell accused as follows, that, “I was detained like a criminal during the entire gruelling search and was unable to go back to my duties at the Montserrat Secondary School…The 2nd and 3rd Respondents made a careless, and disrespectful search of the personal possessions of the 2nd Applicant, my children and myself and also the belongings of Cassell & Lewis.”

Meanwhile the Attorney General sought to have the DPP’s office attached and named in the matter.

However the Intellectual Property, Entertainment and Company lawyer waits his appeal hearing early in November, the police having complied effectively with Judge Astaphan’s direct order in returning the seized goods.