Government of Saint Kitts and Nevis Secures Another Legal Victory

Background

Basseterre, Saint Kitts – The Government of Saint Kitts and Nevis has secured another legal victory as the Court of Appeal today dismissed an application by Michael J. Prest seeking leave to appeal to the Judicial Committee of His Majesty’s Privy Council, the Federation’s apex court of appeal.

The Court’s Decision

In a decision delivered on April 10, 2025, the Eastern Caribbean Court of Appeal found that Mr. Prest’s application raised no issues that warranted further appeal, either as of right or on grounds of public importance. The Court ruled that the intended appeal did not involve any genuinely disputable question concerning the interpretation of the Constitution of Saint Christopher and Nevis under section 99(1)(c), nor did it raise issues of great general or public importance under section 99(2)(a) of the Constitution.

The Court also reaffirmed its previous position that Mr. Prest’s matter arose from a “criminal cause or matter” and therefore fell within the statutory bar on appeals to the Court of Appeal under section 33(3)(a) of the Eastern Caribbean Supreme Court (Saint Christopher and Nevis) Act.

Government’s Response

The Hon. Garth Wilkin, Attorney General, argued the appeal on behalf of the Magistrate of District “C”, supported by Solicitor General Mrs. Simone Bullen-Thompson. Attorney General Wilkin welcomed the ruling, emphasizing the Government’s commitment to upholding the rule of law, defending lawful state actions and ensuring that justice prevails without unnecessary delays.

Case Background

The case stems from Mr. Prest’s challenge to arrest warrants issued in 2021 in relation to allegations of fraudulent conversion involving over US$2.53 million. Mr. Prest’s efforts to halt the proceedings through judicial review were previously rejected by the High Court, and his appeal was subsequently dismissed by the Court of Appeal in April 2024 on the basis that it lacked jurisdiction to hear the matter.

Conclusion

The Attorney General’s Office continues to work diligently to uphold the integrity of the Federation’s legal system and to ensure that justice is served. The judgment was delivered by The Hon. Mr. Trevor M. Ward KC, Justice of Appeal (JA) and unanimously concurred by The Hon. Ms. Margaret Price Findlay JA and The Hon. Mr. Gerard St. C. Farara KC JA (Ag). Mr. Peter Foster KC argued the appeal on behalf of Michael J. Prest.

A copy of the judgment can be accessed via the link below.

https://mcusercontent.com/f9c18edcb5e81ee00df9977e6/files/9a2bdbce-d88e-1334-19d1-444e61d6c862/SKB_Michael_Prest_v_Magistrate_District_C_et_al_FINAL.pdf

Frequently Asked Questions (FAQs)

Q: What was the outcome of the Court of Appeal’s decision?

A: The Court of Appeal dismissed Michael J. Prest’s application seeking leave to appeal to the Judicial Committee of His Majesty’s Privy Council.
Q: What were the grounds for the Court’s decision?

A: The Court found that Mr. Prest’s application raised no issues that warranted further appeal, either as of right or on grounds of public importance.
Q: What is the significance of this case?

A: The case highlights the Government’s commitment to upholding the rule of law and ensuring that justice prevails without unnecessary delays.