Charge Against Chastanet Stays

Appeal Court Overrules High Court

THE Eastern Caribbean Appeals Court has decided to reinstate the charges of Misfeasance brought against Allen Chastanet, before he became Prime Minister, and former Soufriere Town Clerk, Kenneth Cazaubon.

The case was filed three years ago by the former administration of Dr. Kenny Anthony.

The decision effectively reversed the High Court decision to strike the case out which was made by Justice Francis Belle.

Chief among the charges that were brought against the two was that Chastanet while a Minister of

Government and a candidate for the United Workers Party in 2011 requested, advised, received, permitted or acquiesced in the expenditure of the sum of $38,119.00 of public funds of the Council for the unlawful purpose of a campaign and political event for his personal and the political benefit of his political party, the UWP.

The government at the time argued that the funds belonged to the Government of St. Lucia for specific community projects from the Government of the Republic of China (Taiwan).

It was also alleged that Chastanet knew or ought to have known or was recklessly indifferent to the fact that using the funds for such purposes was unlawful and that as a consequence, he acted in a manner that amounted to a breach of his fiduciary duties as a Minister of Government and that he acted in bad faith and/or misfeasance in public office.

It was further alleged that Cazaubon abdicated his authority and acted in breach of his fiduciary duties when he acted on the request, instruction or direction of Chastanet and gave instructions to pay or caused the Council to pay public funds for the unlawful purpose of meeting expenses of a campaign and political event.

The funds were deposited into the Council’s account and were paid out of that account.

Chastanet, on 7 January 2014, filed an application to strike out the entire claim filed by the former government on the basis that the Court lacked jurisdiction to hear the claim in so far as the former government, represented by the Attorney General, lacked standing to pursue the claim. He then amended his application to strike out the claim.

That application came up for hearing on 5 December 2014 and on the same date that the government sought and obtained leave to further amend its pleadings. Pursuant to the leave granted, the government further amended the statement of claim on 23 April 2015 so as to assert its ownership of the monies.

The Appeals Court not only allowed the appeal but set aside the judgement of Justice Belle remitting the further amended claim to be case managed by a different judge and ordering each party to bear its own costs.