BASSETERRE, St. Kitts, CMC – The St. Kitts and Nevis government has welcomed what it described as a “decisive” legal victory at the London-based Privy Council in a matter in which Michael J Prest had sought permission to appeal in a matter challenging arrest warrants issued in 2021 in relation to allegations of fraudulent conversion of US$2.53 million.
The ruling by the Privy Council, the twin-island Federation’s highest and final court, follows the earlier ruling of the Eastern Caribbean Court of Appeal, which dismissed Prest’s application for leave to appeal to the Privy Council.
On 21 July 2021, the Magistrate of District “C” issued two warrants for the arrest of Prest in connection with alleged contraventions of the Larceny Act.
On 27 August 2021, Prest applied for leave to make a claim for judicial review and sought orders quashing the Magistrate’s decisions to issue the warrants. He also sought an interim order staying execution of the two arrest warrants and an interim injunction restraining any publication of their existence pending the court’s determination of the application for judicial review.
Initially, the Judge granted Prest leave to apply for judicial review. Moreover, the Judge granted the interim reliefs sought and ordered that execution of the arrest warrants be stayed pending the hearing of the judicial review claim.
Prest subsequently filed his fixed date claim for judicial review. However, the respondents -Director of Public Prosecutions, Randolph Diamond, and the Magistrate of District “C” made applications to set aside the Order granting leave to bring a claim for judicial review.
Having considered the parties’ submissions, the Judge set aside the Order granting leave to bring a claim for judicial review and the interim orders, and struck out Prest’s fixed-date claim for judicial review. (
Prest appealed to the Court of Appeal of the Eastern Caribbean Supreme Court (ECSC). In its judgment dated 16 April 2024, the ECSC held that it lacked jurisdiction to hear and determine the appeal because it was an appeal “in a criminal cause or matter”. Additionally, the ECSC found that, if it had jurisdiction, it would have dismissed the appeal.
The Privy Council refused Prest’s application for permission to appeal from the Court of Appeal’s Order dated April 16, 2024. The Privy Council determined that the application did not raise an arguable point of law and confirmed that the matter constitutes a criminal cause or matter.
The Order further provides that, subject to any submissions filed by the appellant within 21 days of receipt of the Order, Prest is to pay the respondents’ costs, to be assessed if not agreed, with provision for the respondents to file submissions in response if such submissions are made.
Attorney General Garth Wilkin, who previously argued the matter on behalf of the Magistrate of District “C”, has consistently emphasised the government’s commitment to upholding the rule of law, defending lawful state actions, and ensuring that justice proceeds without unnecessary delay.
The case stems from Mr. Prest’s challenge to arrest warrants issued in 2021 in relation to allegations of fraudulent conversion of US$2.53 million. The High Court rejected Prest’s efforts to halt the proceedings by way of judicial review, and the Court of Appeal subsequently dismissed his appeal in April 2024, finding that it lacked jurisdiction to hear the matter.
The Attorney General’s Office said it will continue to work diligently to uphold the integrity of the Federation’s legal system and to ensure that justice is served and dismissed the appeal.
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