CASTRIES, St. Lucia, CMC – Opposition Leader Allen Chastanet has hinted at the possibility of appealing a High Court ruling that last week denied his application for a judicial review of the decision of the Comptroller of Customs’ decision to withdraw the case against Deputy Prime Minister Dr. Ernest Hilaire filed by the Department of Customs.
Chastanet had contended that the charges were withdrawn without the authorization of the Director of Public Prosecution (DPP) and that the Comptroller of Customs failed to apply applicable policies when making his decision.
He also argued that Hilaire and other political considerations influenced the Comptroller of Customs when making his decision.
The case involves importing a luxury vehicle from the United Kingdom, where Hilaire served as the island’s High Commissioner. However, according to court documents, Hilaire has maintained his innocence and that the actions of the Customs Department were politically motivated, as evidenced by the removal of two Comptrollers from office for failing to act on instructions to charge him criminally.
In his ruling last weekend, Justice Shawn Innocent explained that the “Court is concerned only to examine whether the respondent had an arguable ground for judicial review which has a realistic prospect of success.”
“If the Court is confident at the leave stage that the legal position was entirely clear and to the effect that the claim could succeed, it would usually be appropriate for the Court to dispose of the matter at that stage,” he added.
In a statement, Chastanet said that the judge had decided “that we did not provide sufficient evidence as to the DPP’s official role in the case, and as such, he agreed that the Comptroller of Customs was allowed to use his discretion to withdraw or terminate the case.
“Surprisingly, considering this was an administrative matter, the judge also awarded costs to Hilaire. This decision in no way exonerates Ernest Hilaire of the allegations against him,” the Opposition Leader added.
Chastanet said together with his legal advisors, they are “currently reviewing the Court’s decision to appeal.
“ It is my strong belief that this is a matter of public interest, and the Comptroller of Customs owes the public of St Lucia an explanation of his unilateral decision to withdraw the case. The person involved is a senior politician with a lot of influence within this administration, and we must all be satisfied that he was not treated differently from any ordinary citizen,” Chastanet added.
He said, “Given the heightened publicity surrounding this case, the Comptroller needed to protect the integrity of his office by being fully transparent.
“The purpose of the judicial review is to hold the Comptroller accountable to the people and to explain why he chose not to consult the Attorney General, Director of Public Prosecutions, the Director of Finance, or the former Comptroller before deciding to withdraw the case,” Chastanet said.
He said that the main opposition, the United Workers Party (UWP), “will continue to pursue this matter until all legal means have been exhausted.
“We believe all public officers must be held accountable to their pledge to uphold the laws of the country and protect the best interest of the public without favor.”
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