The Caribbean Court of Justice (CCJ) has dismissed an appeal by Opposition Leader Allen Chastanet in a case linked to the withdrawal of customs charges that had been filed several years ago against Deputy Prime Minister Dr Ernest Hilaire.
The ruling, delivered on October 15, confirms earlier decisions by Saint Lucia’s High Court and Court of Appeal, both of which had rejected Chastanet’s challenge.
How the case began
The matter began in 2020, when the Comptroller of Customs filed charges against Hilaire under the Customs (Control and Management) Act. The charges related to the alleged importation of a Land Rover Discovery vehicle following his return from his posting as Saint Lucia’s High Commissioner in London.
In 2021, the new Comptroller of Customs, Sharman Emmanuel, asked the Magistrates’ Court for permission to withdraw the case. That request was approved, ending the proceedings.
Chastanet later asked the High Court to review that decision, arguing that by the time the case was withdrawn, the Director of Public Prosecutions (DPP) had already taken over the matter and the Comptroller no longer had authority to end it.
What the CCJ found
The CCJ disagreed with that claim. The judges said there was no evidence that the DPP had formally taken over the case.
“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 judgment stated.
The Court also said that once the magistrate granted permission to withdraw the case, that decision replaced the Comptroller’s administrative action — meaning the challenge should have been directed at the magistrate’s decision instead.
“Judicial review of the Comptroller’s decision was legally misconceived,” the Court said.
The CCJ’s ruling brings the case to a close, affirming the withdrawal of the charges against Hilaire was lawfully executed and not subject to further judicial review.
