Posted on

Sir James granted leave to apply for Judicial Review


The East Caribbean Court of Appeal has granted former Prime Minister Sir James Mitchell leave to apply for judicial review in relation to statements contained in a Report which the Commission of Inquiry into the Ottley Hall Marina Project sent to the Governor General and the Director of Public Prosecutions in November 2005.{{more}}

As previously ordered by the Court of Appeal on March 3, 2008, the Commission of Inquiry has been given the all clear to proceed, but for now, Sir James will not appear, pending determination of the High Court on the judicial review application or until further ordered.

In the order signed by Appeal Court Justices Hugh Rawlins, Brian Alleyne SC, and Ola-Mae Edwards, and dated April 7, 2008, Sir James has also been awarded costs in the High Court and half of his costs in the Appeal Court.

Sir James’ appeal had been heard on November 29, 2007, before their Lordships Acting Chief Justice Sir Brian Alleyne SC, Hugh Rawlins and Errol Thomas, in open court, in Dominica. Ramesh Lawrence Mararaj SC and Mira E Commissiong appeared for Sir James. The respondents were sole Commissioner in the Inquiry Ephraim George and the Attorney General of St. Vincent and the Grenadines. They were represented by Anthony Astaphan SC and Joseph Delves.

The Commission of Inquiry, which has been an on again, off again affair, was set up in 2003 to enquire into the failed shipyard project, which in 1996 was valued at just under EC$50 million, but for which the Government of St. Vincent and the Grenadines owed EC$200 million.

The Ottley Hall Project had been hailed by the Sir James Mitchell administration as one of the its flagship tourism projects. The Government of St. Vincent and the Grenadines had guaranteed a loan of EC$135 million paid by a German bank West LB to Caribbean Chartered and Yacht Yard Holdings Ltd

(CCYY), the company that was developing the project.