US National Douglas Anderson who resided in his own home in Olveston, was sentenced in January 2014 to three months in prison for the use of insulting and threatening language, was deemed a prohibited immigrant under the Immigration Act by the Chief Immigration Officer and deported forthwith.
Represented by Lawyer Jean Kelsick Anderson exercised his right to appeal to the Magistrate who upheld the Chief Immigration’s Officer Decision and deemed Mr. Anderson a prohibited immigrant.
While Mr. Anderson, who claimed to have resided in Montserrat over the last ten (10) years, appealed on several grounds, only one ground was advanced before the East Caribbean Court of Appeal.
Lawyer Jean Kelsick argued that in deeming Anderson a prohibited immigrant the Magistrate took into the account irrelevant considerations. One such irrelevant consideration was a petition signed by ex-patriot residents against Anderson.
The case which was among the first called on Monday when the November sitting began, but Acting Director of Public Prosecution (DPP) told the court that the attorney who was to defend the appeal had suddenly fell ill. After seeking to have the case adjourned to the next sitting in July 2015, His Lordships adjourned the matter till Thursday following. It is thus that Attorney at Law, Kenroy Hyman submitted that even though the Magistrate took into account irrelevant consideration, the Magistrate could have arrived at her decision without considering the petition given the condition of the appellant.
In their judgment the appeal judges held that the Chief Immigration Officer took into account irrelevant and prejudicial matters such as previous matters other than the insulting and threatening language and the petition signed by twenty five persons.
The Magistrate’s decision was set aside and the Crown was ordered to pay costs of one thousand, five hundred dollars ($1,500.00)
In the meantime Justice Baptist who served as president of appeal in bringing the sitting to a close thanked the lawyers for their contributions in making the sitting a successful one.
The November sitting lasted four days during which the court heard twelve matters, with most of the matters returned in favour of the appellants, with the judges commenting during the trial using such words as ‘astonishing, something funny happened’ and frequently questioning the fairness and justice in the exercise of the law.
Decision/Judgment reserved
Prior to the foregoing matter, In the case where Montserrat Utilities Ltd. appealed against the Labour Tribunal’s award in favour of Mrs. Mildred Kirwan, the judges after a full day’s hearing of arguments from QC Kenneth Allen for the appellant, and Mr. Sylvester Carrot for the respondent, reserved their decision which they will deliver at a later date.
Appeal (unrepresented party) upheld and re-trial ordered
In another matter the court ordered the retrial of a case where a challenged individual was represented by Mrs. Agnes Riley as a next friend. The judges expressed concern and took on board the fact that the Magistrate heard the case against Ivan Allen in absentia setting aside the decision in the Magistrate’s Court and ordering a retrial of the case.
The court noted that although the Magistrate said he was satisfied that service of the hearing was made on Allen there was no evidence to support the Magistrate’s finding.
