GOVERNMENT WINS IN THE PRIVY COUNCIL, MICHAEL PREST’S APPLICATION REJECTED BY HIGHEST COURT

Basseterre, Saint Kitts, February 5, 2026 – The Government of Saint Kitts and Nevis has secured a decisive legal victory in the Judicial Committee of His Majesty’s Privy Council, after Michael J. Prest’s application for permission to appeal was refused by the Federation’s highest and final court of appeal.

This latest development follows the earlier ruling of the Eastern Caribbean Court of Appeal, which dismissed Mr. Prest’s application for leave to appeal to the Privy Council. In its decision, the Court of Appeal found that the 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 of Appeal also reaffirmed that Mr. Prest’s matter arose from a “criminal cause or matter” and therefore fell within the statutory bar on appeals under section 33(3)(a) of the Eastern Caribbean Supreme Court (Saint Christopher and Nevis) Act.

On February 3, 2026, the Judicial Committee of His Majesty’s Privy Council refused Mr. Prest’s application for permission to appeal from the Court of Appeal’s order dated April 16, 2024. The Privy Council determined that the application did not raise an arguable point of law and confirmed that the matter constitutes a criminal cause or matter. The Order further provides that, subject to any submissions filed by the Appellant within 21 days of receipt of the Order, the Appellant is to pay the Respondents’ costs, to be assessed if not agreed, with provision for the Respondents to file submissions in response if such submissions are made. 

The Hon. Garth Wilkin, Attorney General, previously argued the matter on behalf of the Magistrate of District “C”, supported by Solicitor General Mrs. Simone Bullen-Thompson. The Attorney General has consistently emphasized the Government’s commitment to upholding the rule of law, defending lawful state actions, and ensuring that justice proceeds without unnecessary delay.

The case stems from Mr. Prest’s challenge to arrest warrants issued in 2021 in relation to allegations of fraudulent conversion of US$2.53 million. Mr. Prest’s efforts to halt the proceedings through judicial review were 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.

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.

Mr. Peter Foster KC represented Michael J. Prest in the appeals.