PORT-OF-SPAIN, Trinidad, CMC:
THE CARIBBEAN Court of Justice (CCJ) was inaugurated on Saturday amid claims that a member of the Regional Judicial and Legal Services Commission, which is charged with appointing judges to the Court, had defrauded a Danish foundation of EC$5.2 million.
The Sunday Express newspaper reported that the foundation is suing Commissioner Othniel Sylvester, Q.C., to recover the money reportedly expended for the purchase of a parcel of land. It has also filed court action seeking to discipline the former temporary High Court judge.
The newspaper added that president of the CCJ, Michael De La Bastide, intends to launch an investigation into claims, which have sparked suggestions that Sylvester could end up before the very court, for which he is one of those charged for selecting judges.
BID TO BLOCK THE LAWSUIT
Sylvester, reportedly shied away from answering any questions relating to the pending lawsuit when approached by the Sunday Express at the CCJ launch in Trinidad, noting, "the position is once there is pending litigation one just can't comment."
Sylvester has made a bid to block the lawsuit, claiming abuse of process. He lost the first round in his bid but has appealed and that hearing comes up tomorrow in the Eastern Caribbean Court of Appeal in St Lucia.
Sylvester, a native of St Vincent and the Grenadines, was the former president of the Organisation of Eastern Caribbean States Bar Association and was appointed a member of the RJLSC in July 2003.
According to details of the pending court action which was filed in February 2004, a Danish private commercial foundation, Faellesje, claims that in July 1984 it entered into an agreement with Sylvester, who then acted as their solicitor, to purchase a group of estates on the island of St Vincent and the Grenadines, comprising of approximately 3,300 acres and known as the Orange Hill Estates.
Two months after the purchase of the estate, the Government compulsorily acquired the land because of an outcry from the people of St Vincent and the Grenadines and, in November 1991, awarded EC$4.7 million, which carried interest of five per cent per annum.
The Danish foundation said it received some money but has sued Sylvester for what it said is the remainder.
