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Housing Minister Richard Frederick brought a law suit against his own government last year!
Those who believed that news about the Richard Frederick case would have died because of the transfer of the Comptroller of Customs a few weeks ago appear to be way off. For in our courts MP Richard Frederick’s case against the office of the comptroller and by extension his own government, claiming damages, is still receiving attention.
After being arrested and questioned on two occasions on suspicion of tax evasion in 2007 and having two vehicles seized by Customs, Frederick decided that enough was enough. There had been no charges laid against him related to the Miami-sourced vehicles which he had already used for five years by the time of his arrest.
Frederick, also minister for Housing, made an application to the courts on the grounds that his constitutional rights are being infringed upon. He was suing the government/Customs for “wrongful arrest and the seizure of two vehicles.”
The case had come before Justice Brian Cottle, who had granted an indulgence to allow the matter to be heard, despite the fact that the appellant (Richard Frederick) had filed an “entry of judgment”—which means that Frederick’s team wanted a ruling right away. Frederick and company appealed Cottle’s decision and presented their case to the Appeal court.
During the last sitting, several submissions were made by Frederick’s lead attorney, Petra Nelson, to determine several issues. One of them was for the judges to determine whether or not an acknowledgement of service with an admission can be withdrawn only by notice, as was done by the Attorney General. In the acknowledgment of service, the A-G admitted that the taking of the vehicles and the arrest were wrong, however, attempted to withdraw that admission. But such an act cannot be done without the permission from the court.
Nelson’s submission on this matter was therefore upheld when the Court of Appeal sat on Monday this week. Nelson also questioned who is a proper defendant in a matter before the state. She referred to an affidavit tendered by the (former) Comptroller of Customs Terrance Lennard, which indicated that the Attorney General refused to provide legal counsel to the Customs Department.
Nelson also stated that according to Section 13 subsection (2), of the Civil Procedure Rules, civil proceedings against the Crown shall be against the Attorney General. The lawyer argued that that section limits the defense to the A-G since they are not suing Lennard in his personal capacity but rather it is the office of the Comptroller of Customs (which is a public office).
On Monday all those submissions were dismissed.
The STAR also spoke yesterday with another lawyer close to the case who explained that the Court of Appeal ruling meant that whoever sits in the chair of Comptroller of Customs, will answer to Frederick’s law suit.
Kenneth Monplaisir, QC, who was assisted by Attorney-at-Law Rene St Rose, acting on behalf of the state, had at the time of Cottle’s judgment dismissed certain issues raised by Frederick’s lawyers as irrelevant. Monplaisir had stated that the judge “had all the relevant substances to arrive at his decision.”
Now that the Court of Appeal has made their decision the case has been committed to trial. A date for case management has not yet been set.
RSS
Of course he should sue. he is not not sueing his own government in the manner that the news media and the opposition is presenting. richard is suing the office of the comptroller of customs and by extension the state. if richard’s “own government” had a say they wouldn’t have arrested him, brought charges or even investigated him. the media has been doing quite a job lately feeding into straight out ignorance of the public and out ever present rowrow mentality. i thought the media was there to enlighten….there seems to be a new sly way of autotuning the news to make it sound better. like the news reporter claiming he was kicked out of a meeting between the government and the private sector during the union strike, when he was simply asked to leave when the private portion of the meeting was to begin. no wonder we have televised threats against the police!!!
Finally. Now, will the government, in its defence, provide evidence that Richard Frederick submitted false documents in order to avoid customs duties, or will the government sit silent and, thus, hand Richard Frederick a handsome award as damages?
That’s like filing a law suit against your boss while still employed, no different from biting the hand that feeds you.
When will this government ever settle down to do the works it was voted into office to do. To find solutions to the escalating crime rate, to finds ways to reduce unemployment, to find ways to create opportunities for its youth, to provide the opportunities for the development of the arts by building the much needed nations museum, the national theatre, making changes to the existing laws to protect our women and children from abuse (sexual and otherwise), to create business opportunities for locals ………………………………………………………………………………………………
This country is crying out for leaders, visionaries and positive role models.
allegation …i hope its just fight down and mr f did not do what customs know every body was or still doing……why we tie up de courts with rubbish while the people suffer at every corner.it would be a sad day if we loose mrf to fraud because for sure i know mr f is not in politics for profit he could of done much better in the private sector..mr f i expect better news soon or quit …..magic
TOOT TO BOUCHE, Stop trying to be political and stop trying to defend, what we all know is wrong. Richard is sueing the office of the controller of custom non sense. As far as we all know the office is the government office. So stop that senseless talk , “Frederick is sueing his own government, which his part of, case close”. Talking about criminals threatening the police on tv. That threat is nothing, we should not even talk about that, because the criminals have even killed the police. It seem we forget that and make it seem as though the threats are the biggest thing we should be concerned about.
now we see the incompetence of the Ag in refusing to represent the comptroller. The Ag should be fired and let the case take its course. I am payin attention to see whether we will be enlightened about the systemic impediments which the comptroller talked about. The DPP and the attorney general is key to shedding light on this issue. They are the ones to answer to the public
Just leave the law to the professionals and stop being emtional over the controller’s attempt at being a hero. Every institution has rules to follow and he refused to do so. Well let see if there will be a need for the privy council. Going no where in a hurry, further waste of Goverment funds. Stupid just let the man pay the taxes we need and impose a fine let us see what he does next. politrix
The beast is at work once more. Look at the nuke on his forehead it is growing. St Lucia should be really scared and worried.
I was amazed that one post actually tried to differentiate between customs and the state. Extremely poor reasoning. Customs is an organ of the state. So Federick is suing his own government, whether the crappy bunch of fools you call a cabinet, agree or not.
Nothign to say, only that St.Lucia will pay Fredrick some moneies again, he wil win his case, because the Attorney General is just playing the fool………….St.Lucia you deserve what you get.
Jackie-UK, how ignorant can you be? What does the mark on his forehead have to do with anything? The mark is from a near fatal motor cycle accident he had in his youth! If you don’t have anything to contribute to the discussion that is relevant and just shows your ignorance and lack of education then please do the rest of us a favor and don’t comment!