PRESS STATEMENT ON BEHALF OF THE GOVERNMENT OF
DOMINICA
1. Over the last few months the Government of Dominica has been
engaged in litigation in the BVI where it has sought to establish that
in 2006 it acquired a 51% shareholding in the company Shangri-La
International Development Holding Limited (Shangri-La) and that it
was entitled to be registered in that Company’s register as the
majority shareholder. Shangri-La owns the lands and properties
referred to as the Layou Project. The Honorable Prime Minister
gave evidence on behalf of the Government in those proceedings.
2. This afternoon, the 11th of November, 2009, at 2.00 pm, His
Lordship Mr. Justice Bannister of the BVI Commercial Court
delivered an important judgment in the Shangri La Court matter. His
Lordship held that the Government of Dominica is unconditionally
entitled to 51% of the share equity in Shangri La. In ruling as he
did, the Learned Judge accepted the Prime Minister as a witness of
truth and accepted the evidence of the Prime Minister on the issues
in dispute.
3. This is a historic and important judgment for Dominica. After many
years of controversy, the Government of the Commonwealth of
Dominica is now, for the first time, the majority owner and controller
of the Layou River Project. This is a significant development, and
vindicates completely the willingness and courage of Prime Minister
Roosevelt Skerrit who swore to an affidavit in support of the
Government and subjected himself willingly to two (2) days of cross
examination by one of the leading commercial QC’s from London.
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In doing so, the Prime Minister was determined to protect the public
interest of the Commonwealth of Dominica.
4. In ruling that the Government was absolutely entitled to 51% of the
ownership of Shangri La, His Lordship Mr. Justice Bannister, said in
his judgment, “ I found the Prime Minister to be a truthful
witness” . He stated that he “felt able to accept with confidence
every answer given to me by the Prime Minister on all the
central questions of fact which were within his knowledge.”
His Lordship said further, “my finding that the execution of the
transfer on 12 February 2006 was unconditional rests as much on
my acceptance of the evidence of the Prime Minister as it does
on the fact that no other finding would be consistent with the
documents to which I have made reference.”
5. Much has been made of meetings in Las Vegas and London. His
Lordship Mr. Justice Bannister brushed off the meeting in Las
Vegas as totally irrelevant. He said “Neither the document nor Mr
Chaisty QC’s cross examination threw any light on the issues which
are for decision in these proceedings.” In other words, the Las
Vegas meeting was not more than a red herring. And importantly,
His Lordship accepted, as unquestionably credible, the evidence of
the Prime Minister as to what had transpired at the meeting in
London. Mr. Justice Bannister said “I found the Prime Minister’s
evidence on the London meeting and its aftermath wholly
convincing.”
6. The Prime Minister and Government of the Commonwealth of
Dominica welcome this significant and historic judgment and look
forward to moving forward with the development of Dominica.
7. We wish to express thanks to Mr. Anthony Astaphan S.C. and Mr.
Alick Lawrence who so ably represented the Government in this
matter. We thank also Mrs. Tana’ania Small Davies our BVI
Counsel.
Dated the 11th Day of November 2009
Mrs. Francine Baron Royer
Attorney
