Conviction of Montserrat homeowner quashed on appeal

Tuesday, January 20, 2004

BRADES, Montserrat: Appeal Court Justices of the Eastern Caribbean Supreme Court have upheld an appeal and quashed the conviction and sentence of American Brian Cavanaugh.

Cavanaugh, who owns a house in Montserrat, was charged on December 24, 2002 for being at his home without proper authorisation contrary to the Emergency Powers Amendment Regulation 1997 and related Orders.

He was convicted of the offence on January 23, 2003, and fined EC$1,000.

Cavanaugh, represented by attorney David Brandt, appealed against the conviction and sentence.

In arriving at their decision, Court of Appeal Justices - Albert Redhead, Brian Alleyne, SC and Michael Gordon - examined in detail the legislative provisions in the Emergency Powers Regulations.

The Court of Appeal agreed that with counsel for the appellant that the Emergency Powers Order 2002 does not by its terms "direct that all unsafe areas be evacuated by a specified time and in accordance with specified procedures" as permitted by the Emergency Powers Regulation 1996, under which Regulations the Governor made the Emergency Powers Order 2002. It follows that neither the Governor nor the Commissioner of Police had lawfully assumed the power to enforce evacuation of householders in the unsafe area.

For the reason that the Emergency Powers Order No. 49 of 2002 made no provision and contains no direction in respect of the evacuation of persons from the unsafe area, the Court held that the appeal succeeds, and therefore quashed the conviction and sentence.

  Back...

  Most popular articles: viewed, printed and e-mailed

  Printable version