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Caribbean Times 46th Issue - Thursday 7th July 2016

Caribbean Times 46th Issue - Thursday 7th July 2016

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<strong>Thursday</strong> <strong>7th</strong> <strong>July</strong> <strong>2016</strong> c a r i b b e a n t i m e s . a g 13<br />

New St. Lucia PM back in legal trouble<br />

CASTRIES, St. Lucia – Allegations<br />

of breach of trust and misfeasance in<br />

public office have come back to haunt<br />

St. Lucia’s Prime Minister Allen Chastanet.<br />

Just over a year after a High Court<br />

judge threw out the claim against Chastanet,<br />

the Eastern <strong>Caribbean</strong> Court of<br />

Appeal has reinstated it.<br />

It was on December 10, 2013, that<br />

several allegations were made in a<br />

claim filed by the Attorney General<br />

against Chastanet, as a former government<br />

minister, and Chairman of the<br />

Soufriere Town Council, Kenneth Cazaubon.<br />

wChief among the allegations were<br />

that Chastanet, while a minister of<br />

Government and a candidate for the<br />

United Workers Party (UWP) requested,<br />

advised, received, permitted or acquiesced<br />

in the expenditure of the sum<br />

of EC$38,119 (US$) of public funds of<br />

the Council for the unlawful purpose of<br />

a campaign and political event for his<br />

personal and the political benefit of his<br />

political party, the UWP.<br />

The money had been raised by the<br />

government of St. Lucia, from Taiwan,<br />

for specific community projects. It was<br />

also alleged that Chastanet knew or<br />

Prime Minister Allen Chastanet faces allegations<br />

of breach of trust and misfeasance<br />

in public office.<br />

ought to have known or was recklessly<br />

indifferent to the fact that the conduct<br />

in question was unlawful and that as a<br />

consequence, he acted in a manner that<br />

amounted to a breach of his fiduciary<br />

duties as a minister of Government,<br />

bad faith and/or misfeasance in public<br />

office.<br />

It was further alleged that Cazaubon,<br />

as Chairman of the Council, abdicated<br />

his authority and acted in breach<br />

of his fiduciary duties when he acted on<br />

Chastanet’s request, instruction or direction<br />

and gave instructions to pay, or<br />

caused the Council to pay, public funds<br />

for the unlawful purpose of meeting<br />

expenses of a campaign and political<br />

event.<br />

In a judgment delivered on Monday,<br />

the Eastern <strong>Caribbean</strong> Court of Appeal<br />

held that High Court judge, Justice<br />

Belle, made an error in striking out the<br />

application against Chastanet without<br />

first having a substantial hearing with<br />

evidence on the merits.<br />

“The remedy of striking out is a nuclear<br />

option and should only be utilized<br />

in cases where the pleadings are incurably<br />

bad…The learned judge went too<br />

far and made several findings of fact on<br />

matters that were not before him for determination,”<br />

the court said.<br />

The Court of Appeal therefore sent<br />

the case back to the Supreme Court to<br />

be heard by a different judge.<br />

In a statement following the judgment,<br />

the St. Lucia Labour Party, which<br />

was in power when the claim was made<br />

against Chastanet, welcomed the ruling,<br />

saying that the case had always<br />

only been about “safeguarding public<br />

funds, the issue of good governance,<br />

the fiduciary obligation of public officers,<br />

especially ministers to treat with<br />

public funds in a proper manner and<br />

the abuse of office by public officials<br />

including ministers”. (<strong>Caribbean</strong>360)<br />

cont’d from pg 12<br />

and demonstrators gathered<br />

again Wednesday. A vigil<br />

Wednesday evening drew<br />

hundreds of mourners singing,<br />

praying and calling for<br />

justice.<br />

Quinyetta McMillon, the<br />

mother of Sterling’s teenage<br />

son, trembled as she read a<br />

statement outside City Hall,<br />

where a few dozen protesters<br />

and community leaders had<br />

assembled. Her son, Cameron,<br />

15, broke down in tears<br />

and was led away sobbing as<br />

his mother spoke.<br />

She described Sterling as<br />

“a man who simply tried to<br />

earn a living to take care of<br />

his children.<br />

“The individuals involved<br />

in his murder took<br />

away a man with children<br />

who depended upon their<br />

daddy on a daily basis,” she<br />

said.<br />

A cousin of Sterling’s,<br />

Sharida Sterling, said he had<br />

been selling music there for<br />

about six years, often lugging<br />

his box of CDs, table<br />

and folding chair on two<br />

buses to get to the store.<br />

Sharida Sterling said that<br />

the store management never<br />

had any problems with<br />

him but that he was often<br />

harassed by police - she suspected<br />

because he was black<br />

and a “big guy.”<br />

“I don’t want them to get<br />

away with a slap on the wrist<br />

because it could happen to<br />

somebody else’s brother,”<br />

she said.<br />

In announcing the Justice<br />

Department investigation,<br />

the governor was accompanied<br />

by black Democrats<br />

from Baton Rouge who<br />

praised him and others for<br />

quickly asking the federal<br />

government to get involved.<br />

“We know there’s going<br />

to be an external investigation.<br />

I think it makes all<br />

the difference in the world,”<br />

said state Sen. Regina Barrow.<br />

(AP)

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