Special Sitting - Sir Allan Louisy by dfgh4bnmu

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									                Special Sitting
     of the Eastern Caribbean Supreme Court

           Wednesday, 9th March 2011




     To Pay Tribute to the Life and Service of


The Right Honourable Sir Allan Fitzgerald Laurent
       Louisy, KCMG, CBE, PC, SLC, OFN


                Former Judge of
      The Eastern Caribbean Supreme Court
                 (1967 – 1974)
                               ORDER OF SERVICE

Opening of Court
Address:
His Lordship the Honourable Hugh Anthony Rawlins, Chief Justice



Addresses from the Bar:
Honourable Senator Mr. Rudolph Francis
Attorney General & Minister of Justice, Saint Lucia

Mr. Hilford Deterville
Representative of the Inner Bar, Saint Lucia

Mr. Christopher Anthony McNamara

Mrs. Victoria Charles-Clarke
Director of Public Prosecutions, Saint Lucia

His Worship Velon John
Magistrate, Saint Lucia

Mr. Andie George
President of the Saint Lucia Bar Association

Mrs. Andra Gokool-Foster
Representative of the Utter Bar, Saint Lucia



Adjournment of the Court




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                          PRESIDING JUDGES



 His Lordship the Hon. Hugh Anthony Rawlins, Chief Justice

 Her Ladyship the Hon. Ola Mae Edwards, Justice of Appeal

 His Lordship the Hon. Davidson Baptiste, Justice of Appeal

 His Lordship the Hon. Kenneth Benjamin, High Court Judge

 His Lordship the Hon. Francis Belle, High Court Judge

 Her Ladyship the Hon. Rosalyn Wilkinson, High Court Judge

 His Lordship the Hon. Ephraim Georges, High Court Judge (Ag)




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                              The Right Honourable

                        Sir Allan Fitzgerald Laurent Louisy


      Sir Allan Louisy was one of the first judges of the Eastern Caribbean
Supreme Court (1967 – 1974), serving alongside the Honourable Sir Keith
Gordon and the Honourable Justice E. St. Bernard.
      He moved on from the judiciary to active politics, and thereafter became
the second Prime Minister of independent Saint Lucia. He was awarded the
highest national award, the Saint Lucia Cross, in 1998; and was also conferred
with the Award of the Knight Commander of the Order of St. Michael and St.
George in 2005.
      Born September 5, 1916 in the Village of Laborie, Sir Allan’s schooling
began at the Laborie Infant School, and was followed by his secondary school
education at the St. Mary’s College. He then moved on to gain higher learning at
the Inns of Court, Middle Temple, in the United Kingdom. His proficiency as a
legal practitioner was well known throughout the region, serving as Crown
Attorney in Saint Lucia, Montserrat, Antigua, Dominica; as Senior Magistrate in
Antigua, and Resident Magistrate and Registrar of the Supreme Court and Court
of Appeal in Jamaica.
      Besides his dynamic public life Sir Allan served in various capacities as
Chairman, Director and President on several boards and organizations. He was
also an avid cricketer, football player and athlete. He also found much pleasure
in gardening, fishing reading, and playing dominoes.




                                        4
His Lordship the Honourable Hugh Anthony Rawlins, Chief Justice
       Honourable Justices of Appeal, Ola Mae Edwards and Davidson Baptiste;

Honourable Judges of the High Court, Justice Kenneth Benjamin, Justice Francis

Belle, Justice Rosalyn Wilkinson and Justice Ephraim Georges; Senior Magistrate,

Her Worship, Mrs. Christine Phulchere; and all of the Magistrates who are here

present today; Honourable Senator Mr. Rudolph Francis, Attorney General and

Minister of Justice; Mrs. Victoria Charles-Clarke, Director of Public Prosecutions;

Mr. Raulston Glasgow, Solicitor General; Members of the Inner Bar, Members of

the Utter Bar; Mr. George, President of the Saint Lucia Bar Association. Permit

me please, to recognize the presence of Mrs. Mariella Louisy-Nedd, the daughter

of Sir Allan and her husband, Dr. Ken Nedd, as well as their children. Permit me

also to recognize the presence of former Justices of Appeal of the Eastern

Caribbean Supreme Court, Mr. Michael Gordon and Madam Suzie D’Auvergne.

Permit me also to recognize the presence of the Speaker of the House, Dr.

Rosemary Husbands-Mathurin.

       We welcome you to this Special Sitting today as we pay respect to the

family, and we offer tribute to the memory of the Right Honourable Sir Allan

Fitzgerald Laurent Louisy, KCMG, CBE, PC, SLC, OFN. Let me apologize in

advance just in case my voice should break during this sitting, on account of the

fact that I am battling the flu, and so, I apologize just in case that occurs.

       It is with sadness that we assemble today to mourn the passing of the

Right Honourable Sir Allan Fitzgerald Louisy, KCMG, CBE, PC, SLC, OFN,

formerly a Judge of this Court, then subsequently Prime Minister of Saint Lucia.

Although we join with the family as they mourn, we recall, of course, the




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admonishment that we do not mourn as persons without hope, but in celebration

of a triumphant life, which sprang from humble beginnings in the village of

Laborie. It was there that he first saw the first rays of day in 1916. We are here

to celebrate his achievements from then to recent times, up to the time when he

husbanded out that life in the same village and bade farewell to this world. He

merely laid down his burdens then and crossed over to the other side.

      Sir Allan completed his long and illustrious journey, his mortal journey,

which was exemplified by sacrifice and service in Laborie, in Saint Lucia, in the

wider Caribbean and in the Eastern Caribbean particularly. We are aware of his

many outstanding achievements, but our tributes today revolve primarily around

his service as a Judge of the High Court, and as an acting Judge of the Eastern

Caribbean Court of Appeal. It is a matter of record that he served this Court for

seven years from its establishment in 1967 to 1974, during which time he was

assigned to many of our jurisdictions and saw service as a High Court Judge in

many of our jurisdictions and in particular in Antigua and Barbuda, Dominica

and Montserrat. He served all nine States, however, when he acted as a Justice of

Appeal of our Court of Appeal.

      Unfortunately, I cannot boast of a long and close association with Sir

Allan, but I saw him a few times as a boy as I grew up. His court proceedings

always enamoured me on the few occasions when I passed by, stopped, looked in

to look at him. His legal acumen, his patience, his quiet confidence and his

dignity were notorious. It is my view that he has not been equaled in the

conduct of criminal cases, particularly, in the speed with which he took

evidence. I don’t know … there must be persons here who have seen him with




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his two pens in hand and as you spoke he urged you, “Please, go on, go on, go

on.” as he took his notes of evidence, in upholding or overruling objections, in

conducting voir dire or summing up to the jury. His summations were object

lessons in brevity and precision. It was common place, for example, for Sir Allan

to conduct two murder trials in two days; impanelling the jury for the second,

while the jury for the first was deliberating.

       He possessed the unique talent to grasp the relevant and dispense with the

irrelevant quickly, yet maintaining his dignity throughout. This same quality is

captured in his judgments. Take, for example, his judgment of the 25th day of

January 1973, in Civil Appeal Number 3 of 1972, between Nathaniel Thomas

and Alfred Facorie. Sir Allan started as an Acting Judge of Appeal with Acting
Chief Justice Mr. P. Cecile Louis of blessed memory, Justice of Appeal St. Bernard,

blessed memory. The judgment in this case was concerned with the simple

question of the possession of a ground floor of a building. The Court allowed the

Appeal and granted possession to the Appellant on the ground that the property

was required in the interest of public health and safety. Now this, of course, was

no earth-shaking issue; what is striking, however, is the precision, the brevity

with which Sir Allan dealt with the entire matter, capturing it fully in three

pages of judgment. I guess you would say that he had commented that to us who

are left behind.

       You may see in a similar vein Sir Allan’s judgment of 7th March 1973,

sitting with the same panel in Civil Appeal Number 2 of 1972, between Naomi

Iona Gregg and Leopold Smith in which the Court of Appeal upheld the decision
of a High Court Judge. The Judge had held that the Respondent in the Appeal




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had proved that he was the legal owner of about a hundred and thirteen acres of

land of Parkward Ponds Estate in the British Virgin Islands. Accordingly, the

Judge sustained a caveat by the Respondent on the title forbidding the Registrar

from issuing title to the property to the Appellant. Again, the judgment of Sir

Allan was precise, short, to the point, but extremely analytical, particularly as it

was in relation to the evidence and the short principles which came up in that

case.

        You may also see his judgment of 20th March 1973 sitting with the same

panel of the Court of Appeal in Dominica in Civil Appeal Number 1 of 1973

between Andre Felix Olivache and Christford Jean Charles, but this was a

negligence case and his judgment of 24th September 1973 in Brendon Noelien

and Commissioner of Police and this was a judgment concerning the possession
of dangerous drugs.

        It has pleased God that he blessed Sir Allan with upwards of two scores

more years, than the promised three scores and ten. His soul and his relatives

and all of us could certainly take comfort in the celebration of his long dignified,

productive and illustrious life. We can say in the words which according to

William Shakespeare were uttered by Marcus Rufus as a memorial to Julius

Caesar, “His life was gentle and the elements so mixed in it that nature will stand

and say to the world, this was the man.”

        On behalf of the Eastern Caribbean Supreme Court, I hereby extend deep

sincere sympathy to Mrs. Mariela Louisy-Nedd, Dr. Ken Nedd, and to their

children Keymo, Kara and Kayio Nedd, and to the members of the extended

family of the Right Honourable Sir Allan Fitzgerald Laurent Louisy, KCMG, CBE,




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PC, SLC, OFN. May his long, productive and illustrious life bring comfort to you

and to all of us, as we mourn your loss, and celebrate his life. May his soul rest in

eternal peace.




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Honourable Senator Mr. Rudolph Francis, Attorney General & Minster of Justice,
      Saint Lucia
      The Honourable Chief Justice, Honourable Justices of Appeal; Honourable

Justices of the High Court; Director of Public Prosecutions, Senior Magistrate and

other members of the Magistracy; Registrar of the Court of Appeal and Registrar

of the High Court; Members of the Inner Bar, Members of the Utter Bar; permit

me also to recognize the presence of retired Justice of Appeal and retired Justice,

also to recognize the Speaker of the House and the members of Sir Allan Louisy’s

family.

      I appreciate the opportunity this morning to speak here at this special

sitting in honour of Sir Allan Louisy, and I had the good fortune of having been

an A’ Level student, during what many may describe as the two most tumultuous

years in the political landscape of Saint Lucia, being 1979 to 1981. The two

years for which Sir Allan would be best known and remembered in Saint Lucia.

Given the current composition of our Bar, many of our Bar members may never

have heard of Sir Allan Louisy, a former Prime Minister, a former jurist, a former

Parliamentary Representative for Laborie, a Teacher, a husband and most of all a

son of Laborie.

      Despite his national prominence, Sir Allan never abandoned his native

home town or his constituents. My greatest memory of Sir Allan is visiting his

home over the Christmas holidays where there were regular family gathering, as

my best friend then happened to have been his nephew, Trevor Louisy. We were

always welcomed and though we were A’ Level students then and even then at

St. Mary’s College, he always offered a kind word of advice which was very




                                        10
inspiring, very encouraging and, of course, and above all, really gave us the

guarantee and assurance that there was a better tomorrow.

      Sir Allan was born in the Village of Laborie and earned the reputation as

one of the regions legal luminaries. His early schooling was done at Laborie

Infant, then Saint Mary’s College and then he moved on to Inns of Court in

Middle Temple in the UK.        He served as Crown Attorney in Saint Lucia,

Montserrat, Antigua and also served as resident Magistrate and Registrar of the

Supreme Court and Court of Appeal in Jamaica.

      However, the legal luminaries apexes of his career was when he was

appointed Acting Judge of the Eastern Caribbean Court of Appeal, a position he

held until his retirement from public judicial service in 1974.          Besides his

dynamic public life, Sir Allan served in various capacities as Chairman, Director

and President of several boards and organizations throughout Saint Lucia and

the region. He is best known for dominoes. Whenever you went to Sir Allan’s

home he was always willing to engage you in a game of dominoes. He was an

excellent domino player, and that is where we respected the fact that dominoes

was not a game for old white women, like they perceived in the UK, but rather it

is a game that required thought, intelligence, skill and perseverance.

      The government and people of Saint Lucia recognize the eminent

contribution of Sir Allan and awarded him the highest award, the Saint Lucia

Cross, in nineteen ninety-eight. Sir Allan served as Prime Minister of Saint Lucia

for a brief period, 1979 to 1981, and Sir Allan Fitzgerald Laurent Louisy, though

a simple and humble person, stood out among prominent Saint Lucian leaders

who placed country above self. This was clearly demonstrated in his refusal to




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relinquish the position of Prime Minister to a formidable, yet revolutionary

George Odlum, who by then had gained the reputation of being suspect socialist.

There will always be a void in our history, as Sir Allan never chronicled his

thoughts or rationale, for refusing to honour his original verbal agreement to

give up the position of Prime Minister to George Odlum after six months. Many

of us who experienced those chaotic years would thank God he did, while the

cynics among us may continue to speculate on what if.

       Only yesterday at the sitting of Parliament, I learnt that Sir Allan can be

credited with two prominent decisions at the Court of Appeal, one of which was

wrongly overturned at the Privy Council, again, underscoring our need to

recognize the Caribbean Court of Justice. He also championed the cause of the

ordinary man and gave them a voice in the courts, a voice in the judiciary, and a

voice in Parliament. I understand that Sir Allan kept the Saint Lucia Constitution

as his Bible. During many sittings of Cabinet that Saint Lucia Constitution along

with a copy, complete copy of the Laws of Saint Lucia was always at the head

table and at his side, and within easy reach, and he referred to it constantly. He

was a man who had great respect for the Saint Lucia Constitution and the Laws

of Saint Lucia.
       Sir Allan can also be credited for selflessly sacrificing the comfort and

security of a regional judicial office to pursue the unpredictable, the

unremunerative, the unappreciative public life of politics.      Like Moses and

Martin Luther before him, Sir Allan may not have lived to the see the promised

land, but he sure pointed us in the direction of it, a country no longer torn

asunder by partisan politics, ethnic strife, racial hatred and injustice. The man




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we remember and honour today did his part in guaranteeing a free, just,

democratic and peaceful Saint Lucia for us and our children to enjoy. I join the

Chief Justice in extending sympathies to Sir Allan’s family and friends, and on

behalf of the Government and people of Saint Lucia, I ask you to accept those

sympathies.

      I thank you.




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Mr. Hilford Deterville, Representative of the Inner Bar, Saint Lucia
      May it please you, My Lord, I rise as a representative of the Inner Bar to

pay tribute to the memory of the late Sir Allan. Let me first of all crave, Your

Lordship’s indulgence in adopting the protocol list which you have so ably set

out, and in addition, recognizing the persons whom you have recognized, I

would wish to include in the recognition, his brothers, who I see here, one of

whom I traveled with from Canada day before yesterday.             So, he has two

brothers sitting here. There are also other relatives, but I think I in particular

wish to recognize their presence.

      My Lord, I happen to know Sir Allan from some different perspectives as

some of you here would. Since this matter is probably being recorded, let me

correct the record, an allegation that he never chronicled the reason why he did

not give up the post of Prime Minister and I am deliberately prompted to say

that, because when I look across the table I see one of Sir Allan’s very close

political friends, former President of the Senate and President of the Senate at the

time when Sir Allan was Prime Minister, who in this very building we had him

in close session with George Odlum, and we dealt with the whole matter and he

gave very clear and precise reasons why and why not. If you ask me to say what

those reasons were, there is a comment, the speech writer for President Kennedy

when he made, the phrase, ‘never ask what your country can do for you, but ask

what you can do for your country.’ He was asked whether he wrote that line, or

whether President Kennedy wrote that line, and his answer was, ‘never ask.’

      My Lord, there are CV’s written and by their very nature some things are

left out. Sir Allan was a founding member of the Seamen and Waterfront




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Workers Trade Union that was the ‘baddest’ union at the time. I say that,

because I inherited that Union from him, having become President for it for

some time. So, his concern about justice bred freedom manifested itself in areas

of Trade Union activities. I do not believe that the record sufficiently exposes his

activity as a Trade Unionist.

       You read from some decisions of his and you referred to the fact more

than once of the brevity and precision of his decisions, he was not only precise in

judicial decisions, but at least as precise and brief in his political decision. I

remember too, when an angry George Odlum reacting to the fact that he had

received a response from the Prime Minister and his response was, and I quote,

“No answer is a decision,” and secondly, on another occasion he said, “George,

you write too much, maybe you should leave that for some judicial officers.” I go

no further on that. He was an extremely simple man. He has left a legacy in

politics that is unnoticed. Because of his simple life, when he became Prime

Minister he refused to leave his home in Laborie.

       So, the Prime Minster’s official residence became a place where if he was

too tired to drive to Laborie, he would stay overnight, that has remained so to

today. The Prime Ministers’ official residence is not used, has not been used by

any Prime Minister as their residence since then, and I’m not even too sure

whether that is a good thing or a bad thing. It’s just that Allan Louisy, because

he wanted to remain with his people in Laborie, he refused to live in the Prime

Ministers’ official residence.

       However, you would have heard his name being almost synonymous with

dominoes. So, rather then the Prime Ministers’ official residence, becoming only




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a place where dignitaries were entertained, a number of good domino games

were played at the Prime Ministers’ official residence, and there is a

representative CV there, and I am not here to cause any controversy, but some of

the words I am not too sure and the sequence is not right. He was also an avid

cricketer, not too sure what avid cricketer mean, football player and athlete; he,

also found much pleasure in gardening, which I can attest to, fishing, which I

don’t know too much about, reading, I do know, he was an avid and voracious

reader, and they add at the end and playing dominoes.

      My Lord, I do not know if you know anything about the game of

dominoes, but you can ask his brother, Venty, anybody and everybody who

know how to match one domino against the next can say to themselves an

expert, and they are always suggestions that certain people are domino

consultants. I think Sir Allan had higher words for himself in dominoes, and I

pay no disrespect to the Judge that does not necessarily match his skill at

dominoes.

      My Lord, it is appropriate if someone like me is speaking on behalf of the

Inner Bar about a retired jurist or now past, to refer to a judgment or two. So, at

the risk of borrowing this, I wish to refer extensively to one judgment and briefly

to another. The briefly is the case of Camacho, where I recall names, it was an

Antigua, Prime Minister Herbert Walters, the Minister of Trade went in the

meeting and beat his chest and tell Camacho, as long as I am Minister of Trade

you will never get a licence to import your goods in here; you know that still

happening these days. The matter went to court and Sir Allan, Justice Louisy at

the time, held that the jurisdiction to grant licences rested with the Comptroller




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of Customs and not with the Minister and mandamuses were issued against the

Comptroller to issue the licences, but that is jurisprudence, that is applicable

anywhere in the Caribbean.

      The next case I’m referring to is jurisprudence applicable to Saint Lucia

alone; and my good friend, sometimes I’m not even sure what title to call him,

gets vex when I say Justice Gordon, he appeared in the matter of Laurent John

and John Gordon. It’s a decision of the West Indies Associated States Supreme
Court, we are talking about him in some of these as an Eastern Caribbean

Supreme Court Judge. That case had to do with a lease; I don’t know if some of

you-all, apart from my friend Kenneth Monplaisir who is close to Sir Allan’s age

would remember John Gordon as a proprietor, land-owner, businessman, so he

had entered into this lease with Mr. Laurent for some land in Laborie with an

option to purchase, and the lease was signed before a Justice of the Peace well

known in Laborie at the time called, Justice Testannier signed, the lessor I see

they have landlord in the footnote, we call them lessor here and the lessee

signed, the JP signed and the document was brought to Castries, and executed

and signed by Maurice Mason, Notary Royal and the matter went, because the

lessor did not want to comply.

      There was an application for specific performance, and the matter, the

Court consisted of A. M. Lewis (that’s Allan Montgomery Lewis, CJ); Lewis J

(that’s Cecil Lewis) and Louisy, Acting Justice of Appeal. The main decision,

incidentally the lawyer for the lessor was Henry Giraudy, and the lessee was

represented by Michael Gordon, and Justice Louisy gave the leading judgment.

In fact, this is one of the few times, My Lord, that all three judges wrote




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judgments, you see it, I concur, I concur; all three judgments, judges gave their

piece, and for the benefit of all the lawyers here, and incidentally, I don’t like

correcting people unnecessarily, the decision of the Court of Appeal was

overturned in the Privy Council on the ground that the document was not an

authentic document, but a private writing.

      Nowadays, that shift is not available, because since the Land Registration

Act all of those documents are now notarial instruments.         So, the law on

authentic documents, as enunciated by Allan Louisy remains the Law of Saint

Lucia and it was not wrongly overturned in the Privy Council. It was overturned
for eight different reasons in the Privy Council. So, I will read at the risk of

boring you, I must tell these young lawyers, when I first started law, many years

ago, there were no skeleton arguments, these tables could not hold the books that

the lawyers like Cooper used, walk inside with, and they would pick up one book

and start reading from the headnote down and the judges nowadays, everything

in a skeleton argument and sometimes you not even sure the presenter prepared

the skeletal argument. So, that’s a risk we will have to take, but the matter came

before Justice Louisy and I have given the facts, and I read a few excerpts from

his judgment, at the risk of boring you-all. “The cross-examination of the

Respondent reveals that the lease produced was signed at the home Mr.

Testannier. Let me give the reference, it is Laurent John and John Gordon.

      So, John versus Gordon, West Indian Reports Volume 19 at page 506, I

am quoting from the judgment of Louisy, Acting Justice of Appeal. “It was signed

also by the Appellant and the Respondent and that lease was not signed before

the Notary Royal, Mason, in Castries.” The evidence of Laurent John was, ‘I




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never at any time signed a document before the late Notary, Maurice Mason. I

never signed any typed written document brought to me by the Plaintiff, and so,

the findings. Now the Respondent action is founded on a lease in writing made

by the Appellant to the Respondent and executed before Maurice Mason, Notary

Royal, on July twelve, 1966, whereby the Appellant granted to the Respondent a

lease for five years over the immovable property.

       From the evidence of the Respondent, the lease on which the Respondent

relies was signed at Laborie by the Appellant and the Respondent, before Justice

of the Peace, Testannier, but the lease on the face of it shows that it was signed

before Maurice Mason, Notary Royal. This, of course, is untrue. The lease

purports to be a notarial instrument and, as such, to be an authentic writing. It

will be noted that the evidence proved that the lease in the action was not

executed before a Notary and it cannot, therefore, be authentic. Let me pause to

say that this business of people signing lease in front of your secretary and when

you come in you take the document and sign it afterwards, that document in

accordance with this case is false, that’s the word they used, because it is

purported to be signed before you. Big word, ‘BEFORE,’ is normally in capital

letters, Before John Brown, Notary Royal, and if that is not done it is not an

authentic writing.     That’s the words that the Right Honourable Sir Allan

Fitzgerald Louisy has left with us.

       The issue between the Appellant and the Respondent is, whether or not

the document was sign by the Appellant. The document having been shown to

be false would of this had been prayed for by the Appellant in his defence, have

been set aside, but it is clear that the Court even though it does not formerly set it




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aside, cannot give it any authenticity nor found any judgment upon it, and he

went on, finally to say, in the circumstances I would allow the Appeal, set aside

the judgment of the Court below and order that judgment be entered for the

Appellant.

       Now, if we needed to be more reinforced, the learned Chief Justice said I

want to add something to that and not shadowing what the late Sir Allan said, I

will also quote what the learned Chief Justice at the time said, “What I

particularly want to say concerning the notarial system which by the law of this

country is the approved method of executing deeds and wills, that notarial

system involves the integrity of the members of the legal profession. By the law

of this country, every member of the bar is also notary and is charged with the

responsibility of carrying out the duties which the Code imposes upon notaries.

The authenticity of a notarial instrument depends upon the fact that the

conditions set out in the articles to which Louisy J. has referred and other

relevant articles of the Code have been truly and faithfully satisfied, that a notary

has been present when the deed or the will is signed and has seen the parties

sign when he put his signature to it, and state that the deed was executed before

him.

       If this case is any indication that a practice is growing up of sending deeds

out to be signed before persons who are not notaries, to be followed by a

subsequent signature by a notary, which testifies to an untruth, that practice if it

were to be established would cut at the very root of the notarial system, and

destroy the confidence which the public is invited by the law of this country to

place in the profession. I, therefore, appeal from the Bench to members of the




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profession to stop, and to insist upon the stopping of any such practice, and to

ensure that integrity of the profession and the confidence of the public in the

notarial system are maintained.”

       So, it is my fervent prayer, that as we honour the memory of the late Sir

Allan we take his words of caution and his directions on integrity of the

profession into account. My Lords, I do not know of what better fitting tribute

could be paid to this simple man, who place integrity in all his life that the

profession honours its responsibility by behaving properly, and when you see a

document says it was signed before a lawyer, the lawyer was not even in the next

room when it was signed. He must physically see it being signed and my

problem is, even if I wanted to let it pass, the admonition is and I repeat, I appeal

from the bench to members of the profession to stop and to insist upon stopping

any such practice. So, even me I’m told if I know it is happening, stop it.

       My Lord, this is not matters that come before Your Lordships, for decision

very often. We have proceedings called improbation of deeds, and that doesn’t

take up a lot of judicial time, but the damage which is caused by the public no

longer having confidence in lawyers doing what they are supposed to do, and

they get monies for it, good money; two and a half percent, up to fifty thousand

dollars, bills of sale. My Lord, a bill of sale is collected by some lawyers in the

bank, having signed before a clerk in the bank, they collect them by piles, and

they walk away and sign, and they sit down signing the whole afternoon to be

registered and they get paid for each one of this on the basis that they instructed

the person who took the loan. Set out all the clauses to them, explained them,

the document they sign say that. I having truly and faithfully explained the




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contents of this document to this person and as has happened in cases, that, that

gentlemen, the lawyer, I don’t know him, I’ve never seen this gentleman in my

life before, and the lawyer would have to sheepishly say, I too, have never seen

the person who executed this document before me.

      My Lord, I would have wished to comment on some of his politics, but I

don’t think this is an appropriate place. I’ll find the time and place to do that,

except your recognition of his brevity and precision. I could also add to the word

and simple language was not inherited by subsequent holders of his Laborie seat,

and I note past and present, and I know that many a time he would just laugh,

that’s the way he was. When he heard people describing things which he would

have said in two simple words, for example, if he was here today, participating

in this activity, he would say that so and so has died, he would not say that they

have met their terrestrial demise.

      I wish on behalf of the Inner Bar to express condolences of the entire

profession to the Louisy family. Now, incidentally the Louisy family is large; you

keep talking about his one daughter and the husband, Dr. Nedd and children,

that Louisy family it doesn’t finish in Laborie.         So, when I extend the

condolences, I mean to all the Louisy family, I have no choice. These days the

courts insist that you must turn-off your cellphones, because you don’t want

cells to be disturbing the court, at the risk of showing off. In the Privy Council,

they do not ask you to turn-off your cellphones, they take it away from you and

put it in a locker, until you come back outside, but all I can say is that since the

court started, let me tell you how, last week, I happened to be in Toronto,

cellphone rang and I picked it up, I hear, “Neville, boy, Allan dead, you know”. I




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say, “Calixte George”. “Who is that? Hilford? Oh shucks man, I wanted to call

Neville, you know. Allan just died, you know, they haven’t removed the body

from the house yet. The ambulance was coming to pick him up, but he just died

today.” That’s how the cellphone is important to have on.

      The second reason is that while I was in here, I got a text message from

the Secretary of the Saint Lucia Labour Party, advising that the funeral will be

held on Friday in Laborie. We have these death announcements here, and I don’t

know if you listen to them, it’s a lesson on Saint Lucian culture. So, I am taking

the opportunity to say that the funeral service will be held in Laborie on Friday;

and that the family would like to inform all well-wishers … and so I astute

myself as a well-wisher. I am a family friend and wherever they are mourning,

in private or otherwise, I intend to be there to express my condolences

personally.

      Thank you, My Lord.




                                       23
Mr. Christopher Anthony McNamara, Representative for Gail Phillips Jawahir
       May it please, My Lords, I rise to seek the Court’s permission to read some

remarks from Mrs. Gale Phillips-Jawahir, who is a colleague.

       There are countless angles which one can express about the life, national

service and contribution of the late Sir Allan F. L. Louisy, however, &

understandably so, my comments this morning can only be from a personal

perspective.

       Uncle Allan was my grand uncle on my mother’s side of the Louisy

family. Although there was a great disparity in age between Uncle Allan and

myself, we shared a tremendously special bond, which in retrospect I can

describe as being a 'jealous friendship'. I was not permitted to enter the vicinity

of Laborie or cross completely the Laborie Bypass if I didn't call him to let him

know I was … at the very least … in the area. Uncle Allan's immediate response

to me would be 'How long?' To which I would respond '5 to 10 minutes or

when I'm leaving I'll call you.'
       Over the last 6 years the frequency of my visits to Laborie, where my

family has much business interest and investment, ranged from twice to three

times per week. Uncle Allan was a family man and the interest and survival of

the family were a priority for him. Our many conversations, which was usually

over a competitive game of dominoes with a combination of his brothers, uncle

Venty, Pierce, Louis, nephew Trevor, my husband Davis or his usual

buddies were often very pointed and frank. Uncle Allan in his fatherly and

astute manner would enquire and comment on my then political associations,

personal endeavors, and so forth. On the personal front I recall being openly




                                        24
grilled by him about by then fiancée, now husband, in presence of some of his

domino buddies and family when he asked, 'What is it that you see in him, Gail?

Tell me, what is it?'' I can't exactly remember what I responded, but uncle Allan

undoubtedly had already made up his own assessment and openly expressed his

approval.

      What to me is most admirable and which exemplifies what uncle Allan

was all about was the fact that he continuously reminded me that my natural

roles, whether it be as President of the Senate (December 2008 – March 2010)

or as an Opposition Senator in my past life, was a temporary state of affairs of

national service to Saint Lucia, which was guided by God alone, and that

whatever decision I took in these national roles were to be always grounded in

humility and truth, despite the fact that some decisions may be against the grain.

He expressed great sadness and disappointment when it came to our present

state of affairs at the national political levels, and was even more concerned that

these ‘characters’ at the national helm, as he referred to them, would feed off my

integrity and unspoilt political name.

      Nonetheless, uncle Allan had no time for the frills, glitter and falsities of

life, and by extension had no time for the shallow personalities who lived such

lives. He was a man of unwavering humility and lived his life accordingly. The

roles and positions of his earthly achievements were dwarfed by his commitment

to family, faith and relationship with his God, which he openly referred to as

‘His Maker’. Uncle Allan passed away a happy and satisfied man, at peace with
himself, his family and his country. My wish, and by extension that of my

family, is that the true history and record of his unfettered national service to




                                         25
this, our fair Helen, would be truly revealed and not covered by political cover,

colour and/or favour.

       I thank my colleague, the Bench and family present for your time and

listening ear. May Uncle Allan rest in peace and may eternal light shine upon

him.

       Thank you, Members of the Bar.




                                        26
Mrs. Victoria Charles-Clarke, Director of Public Prosecutions, Saint Lucia
      May it please you, My Lord, Chief Justice, with your leave, My Lord,

permit me to adopt the protocol list already established by Your Lordship, and

other speakers before me. Permit me also, Your Lordship, to recognize the

presence of Mariella Louisy-Nedd and her husband, Dr. Nedd, and other

members of the family of the late Sir Allan Louisy. Permit me also to recognize

the presence of the Speaker of the House and the presence of retired Justice of

Appeal Gordon, and Justice of the High Court Suzie D’Auvergne.

      My Lord, today we gather to pay tribute to an illustrious son of the soil,

the Right Honourable Sir Allan Fitzgerald Louisy, and to acknowledge his

contribution to the legal profession and the political arena of our country. There

is no demur that Sir Allan Louisy was one of the most accomplished and

outstanding luminaries of this country, and indeed the region, who rose to the

pinnacle of his legal career when he became one of the founding judges of the

West Indies States Associated Supreme Court, where he served until his

retirement from public judicial service in nineteen seventy-three.

      My Lord, a review of the biodata of Sir Allan taken from the National

Archives of Saint Lucia reveals that he commenced his schooling at the Laborie

Infant School and progressed to the St. Mary’s College where he completed his

secondary education. He was also a member of the Middle Temple Inns of Court

in the United Kingdom. Sir Allan embarked upon the study of law, reading in

the Chambers of Sir Garnet Gordon. He was called to the Saint Lucia Bar in

1945. Between 1945 and 1946 he was engaged in private practice here in Saint




                                       27
Lucia.     He was appointed Registrar of the Supreme Court, an additional

Magistrate between 1946 and 1950.

         Sir Allan’s love for the law took him beyond the shores of Saint Lucia,

where he also left his indelible mark on the legal landscape. He served as Senior

Magistrate in Antigua during the years 1951 to 1954; Crown Attorney and Legal

Draftsman in Montserrat between 1954 and 1955; and Crown Attorney in

Dominica between 1956 and 1958. He then went on to Jamaica where he

served as Resident Magistrate in 1958; then Registrar of the Supreme Court and

Court of Appeal until 1964. For several years afterwards he served as judge of

the West Indies Associated States before returning home.

         Subsequent to his tenure at the West Indies Associated States Supreme

Court, Sir Allan made his transition to active politics. He was the first political

leader of the Saint Lucia Labour Party, then he became Saint Lucia’s second

Prime Minister.     Well, I see Mr. Deterville looking at me, and as I said I stand

corrected and I believe it is Sir George Charles who was the first political leader,

as I said this was extracted from other writings, and therefore I apologize for the

error. His eminent contribution to the legal profession and public life was

recognized when he was awarded the highest national honour, that of the Saint

Lucia Cross in 1998. Seven years later he was conferred with the award of the

Knight Commander of the Order of St. Michael and St. George by her Majesty,

the Queen in January 2005.

         Sir Allan’s life was not only dedicated to the law and politics, but also to

public life. He was a founding member of the Seamen and Waterfront Workers

Union as Mr. Deterville indicated, and he subsequently served as the President of




                                          28
the Civil Service Association.     He also held various positions as Chairman,

Director and President on several boards and organizations. He was also an avid

cricketer football player and athlete.

       He is survived by his one daughter, Mariella Louisy-Nedd, a retired

attorney at law. Mariella followed her father’s footsteps and was called to the

Bar by the Middle Temple Inns of Court in London. Sir Allan’s last days were

spent at Sapphire Estate in Laborie where he enjoyed gardening, fishing, reading

and playing dominoes. His daughter, Mariella reports that Sir Allan was a

devout Christian and these Christian morals and values were instilled in her as a

child, which she passsed on to her children.

       Indeed, that account is substantiated by reports coming from Laborians,

and I heard an account on the news media earlier this week of a lady, Sir Allan’s

caretaker who recounted Sir Allan’s devotion to attending church every Sunday,

and ensuring that he took part in the doctrine of the church up until his very last

days when he was visited by the Parish Priest who conferred the last rights upon

him. Mariella also spoke fondly of her father’s love for animals and passion for

gardening. He reared animals, planted fruit trees and ground provisions. Sir

Allan also enjoyed reading, she said, and he would read everything … from

profound literature to Archie comic books. Sir Allan also took time to listen and

offer advice to anyone who needed it.

       I have fond memories of Sir Allan when he visited the Registry of the High

Court when I served there as Deputy Registrar in 1991 to 1992, and as Registrar

from 1996 to 1998. His weekly visits were well anticipated and on those

occasions when he came to follow up work, he had assigned to Allison Lubon,




                                         29
whom I note, her presence here, he was well received by all staff members. Miss

Lubon and Sir Allan seemed to have a very close bond and, in fact, on the day he

attended the Registry, she was his sole servant and she was totally dedicated to

him and no one dared query her allegiance to Sir Allan on those occasions. On

these occasions, he also interacted very well with other staff members and

demonstrated his interest in human beings, inquiring about their welfare and

their family and showing concern about their work conditions at the Registry.

He was particularly concerned about work conditions at the Registry even then.

       I had frequent conversations with him and he always gave me tips on how

to improve the services at the Registry. At that time he was also undergoing a

review of the work conditions of judicial and legal services, judicial and legal

officers in Saint Lucia, and it was his view that judicial and legal services, legal

officers should be given terms and conditions of work that would enable them to

perform their functions with a high level of integrity and independence, so that

their poor working conditions or their poor terms and conditions of work should

not compromise these virtues.

       Sir Allan leaves behind a legacy of excellence, distinction and integrity.

We are grateful for his accomplishments and contribution to our nation, and so

on behalf of my office, the staff of the Office of Director of Public Prosecutions

and the Crown Prosecution Service, I extend my sincerest condolences to the

family and friends of the late Sir Allan Louisy. We share your loss and we ask

God to strengthen you on this journey and we pray that the soul of Sir Allan may

rest in eternal peace.

       Thank you, My Lord.



                                        30
His Worship Velon John, Magistrate, Saint Lucia
       Your Lordship, Honourable Chief Justice Rawlins, Justices of the Court of

Appeal and the High Court, the family of the late Right Honourable Sir Allan

Fitzgerald Laurent Louisy … at this juncture I’m craving your indulgence Chief

Justice. We wish to adopt the protocol list as hereinbefore alluded to. I stand here

before you in solemn recognition of … the choice is yours, the terrestrial demise,

the terrestrial expiration or the death … of a son of the soil who has done us

proud, and in consequence thereof, has earned our respect, our admiration, and,

for some of us, our love.

              Sir Allan was indeed a multidimensional man, and the realms of

thought, practice and achievement that he traversed have redounded to his

credit and to our benefits on a multiplicity of levels. He personified many

salubrious attributes that were in some respects cultivated and in others, a

function of a primordial inculcation predicated or called an all encompassing

parental law, and from this emanated a sublimed metamorphosis that

ineluctably leads me to conclude from a certain ontological perspective, that he

was what he is and he is what he was. The metaphysical notions of being and

becoming, finding corporeal expression in that life, that being, that man; and yet

he was human, so very human, and it was this humanity and unfolding

humanism that resonated among the people on all levels and that transcended

his many secular achievements and upon which, I shall not dwell.

       In his magnificent humility, he was the pulsating heart of Laborie and in

his brilliant mind, there reposed the secrets, the concerns, the problems of his

beloved people. Incidents of societal living, domestic and otherwise, mellowed in




                                        31
the warmth of his perennial accessibility and availability, and as far as the lab

was concerned, he was a man of all seasons for all seasons. He was the Laborian

par excellence and by so being, he provided the model of emulation that has

made us whose lives he touched constructive members of our society at large.

He was Labourite, for he loved the Saint Lucia Party which he was aligned to,

and though his perception of politics was of it’s being of instrumental value as

opposed to it being of terminal value, yet his commitment to the service of his

people and their development was tantamount to a philosophy of life, and this

chain of service had it’s genesis, not in the area of politics, but in the various

realms of human endeavour that characterized and demarcated the ascendency

of his thoughts as he traversed his various realm and world of work. He was a

Lucian patriarch, for he unreservedly loved his country and its people, and it

was this love that propelled him into the arena of politics at its highest level; and

it was in this arena that we witnessed the apogee of his political conviction, and

which in a rather abstruse way, was a sublime and pragmatic manifestation of

his love for his country.

       Buffeted by ways of revolt, he stood unwavering before this single choice

of country or anarchy. He was astute, brilliant and visionary, and realized what

the consequences were in relation to himself, his party, his position, and his

country in his confrontation with that choice; and in his humble magnificence,

he chose the country and thus thwarting the glutinous ambition of the man who

would be king. The man who enthusiastically plunged into political lunacy and

thereby prophetically demonstrating the utilization of intelligence in the service

of stupidity, and so, Sir Allan, by this decision saved our democracy or




                                         32
democratic traditions and values which today constitute the bedrock of our

island civilization.

       He forfeited his position as Prime Minister and the preeminence of his

party, but this was not a sacrifice, but a sublime and pragmatic and visionary

affirmation of the humanistic values he held dear. The last time I visited Sir Allan

he was somewhat frail, but there was still a twinkle in his eyes and the cadence

of his chuckles did not adumbrate the passage of a benign soul, and as I looked

around there on a table, adjoining his bedroom were those tablets of seeming

ivory, his physical link with the ordinary men, his link with the fishermen of his

village, the dominoes. An avid player of the game he was, brilliant, strategic,

perspicacious and so very patient. Though wealthy, he was indeed a humble

man, a simple man, but very learnered in the ways of the world, and it was this

mundane sagacity and particularized knowledge that made him an invaluable

asset to the community that he loved, and the community that loved him. To this

country he was an iconic figure and his legacy of fidelity to country will be the

beacon to all those who aspire to quality public service.

       At this time, we mourn his passing, but we celebrate his life, a life of love,

of friendship, of camaraderie of service and of achievement. Today, Laborie is

indeed overwhelmed by the presence of his absence, and those distantly related

opposition take solemn cognizance of the absence of his presence. He was

indeed a whole man, one whose life was in dynamic equilibrium with all the

facets of his existence. Like me, he believed in a supreme transcendent being,

but though it matters eschatological, we differed somewhat. Yet, I am assured

that his extra terrestrial reception will accord to his highest and most spiritual




                                         33
expectations, and so at this time I salute Sir Allan, and to his family, and on

behalf of the Magistracy, we extend our most profound condolences.

Thank you.




                                      34
Mr. Andie George, President of the Saint Lucia Bar Association
         Honourable Chief Justice Hugh Rawlins, Justices of Appeal, Judges of the

High Court, with your leave, My Lord, I would like to adopt the protocol already

established. I would also like to recognize former Justice of Appeal Michael

Gordon; former Acting Justice of Appeal Madam Justice Suzie D’Auvergne;

Speaker of the House, Dr. Rosemary Mathurin; Permanent Secretary, Ministry of

Justice, Mrs. Glenda Polius; former Minister, Mr. Calixte George.

         My Lord, I rise on behalf of the Bar Association of Saint Lucia in

celebrating the life of Sir Allan. Sir Allan was born on the 5th September 1916,

in the village of Laborie to Detcheparre and Jane Louisy. He was married to Joan

Dusauzay, deceased. They had one daughter, Mariella Louisy-Nedd, who is a

barrister-at-law.    Sir Allan attended the Laborie Infant School and then St.

Mary’s College.      He joined the Civil Service as a clerk at the Education

Department. He then became an articled clerk to Sir Garnett Gordon for five

years in order to qualify as a local barrister; and then moved to the UK to read

law. He was called to the English Bar in 1949.

         He subsequently went into practice for two years private practice and

then was appointed Registrar and Magistrate of the Supreme Court in Saint

Lucia.    Sir Allan was well-known throughout the region.           He served as a

Magistrate in Saint Lucia, Antigua and Jamaica. He also served as Registrar in

Saint Lucia, Montserrat and Jamaica.         He served as Crown Attorney in

Montserrat, Antigua and Dominica. He was appointed a Judge of the Supreme

Court of the Windward and Leeward Islands and then to the Eastern Caribbean

Supreme Court.




                                        35
      He retired as Acting Judge of the Eastern Caribbean Court of Appeal. Sir

Allan served in many capacities as President, Chairman and Director on several

boards and organizations, including the Civil Service Association, Saint Lucia;

the Saint Vincent De Paul Society; the Boys Scout Association, Jamaica; the NIS,

Saint Lucia; the Saint Lucia Mortgage and Finance to name a few. He was a

founding member of the Saint Lucia Seamen and Waterfront Workers Union and

was the first Secretary General. He was appointed Privy Councilor in 1998 by

her Majesty the Queen, the first in the history of Saint Lucia. He was awarded

CBE in 1982; the Saint Lucia Cross in 1998; the Knight Commander of the Order

of St. Michael and St. George in 2005.

      Sir Allan was a true humanitarian and had a special love for Laborie and

the people of Laborie. I am instructed and verily believe that he was

affectionately called Daddy or Daddy Allan or Kikick, especially by the children

of Laborie, because of how he beeped his horn of his car to acknowledge the

villagers when he drove pass. He had a yearly Christmas party on the rooftop of

his house for the children of Laborie, giving them food, juice and toys. He

opened a typing school and a sewing centre for the children of Laborie; he

granted many scholarships to children who had passed their common entrance

exams. He provided sixteen poor and needy persons in Laborie with monthly

groceries. He donated generously to sporting organization and to his church on

several projects and preferred to remain anonymous.

      He grew vegetables and reared sheep and chicken and gave away his

produce, the eggs and meat to the villagers of Laborie. He graciously assisted

others and expected nothing in return from them. He gave free legal advice to




                                         36
anyone in Laborie who requested it. Sir Allan had a passion for gardening,

fishing, reading and playing dominoes. I am instructed and verily believe that

he played dominoes on a daily basis with his friends and up to two weekends

before his passing he and his partner succeeded in dishing out three saparts.

         Sir Allan achieved much in his lifetime. He lived a full, but simple life.

Despite all his accolades, he will be remembered by the people of Laborie, the

people who knew him best as a philanthropist. On behalf of the Bar Association

of Saint Lucia, I would like to express our deepest sympathies to the family of Sir

Allan.

Thank you.




                                         37
Mrs. Andra Gokool Foster, Representative of the Utter Bar, Saint Lucia
      My Lord, Chief Justice, I crave your leave to adopt the existing protocol

list giving, of course, special recognition to the family of the late Sir Allan. My

Lord Chief Justice, it is indeed a privilege for me to rise to honour Sir Allan,

although this is, in fact, the first time I have ever referred to him by that title,

since it was something that he did not take a particular pleasure in, as a matter

of fact outside of a formal setting, if you were to refer to him as Sir Allan he

would tell you in Patois, “gadé mwen, tifi,” translated (I can’t speak Patois, but I

can translate that.) “look at me, little girl.” My Lord, Chief Justice, Mr. Louisy

outside of a formal setting always preferred to be called Allan or Mr. Louisy.

      From the day I met Sir Allan, I like every female who came into contact

with him fell prey to his irresistible charm and his warm caring spirit. I was first

introduced to Sir Allan by Mrs. Marva Hazell, who is now an Assistant Registrar

of Companies. She then served in the Registry of the Supreme Court, which at

that time housed all of the Registries. I had begun my stint as a Deputy Registrar

and Sir Allan as a former Registrar gave me immeasurable assistance in

understanding the expectations of that role, particularly the protocols and

traditions which are fast disappearing from our legal culture.

      When I came to know Sir Allan twenty years ago, he had begun the post

judicial and post political chapter of his life. Having served as a Judge, he did

not practice as a Barrister, and so he was never seen traversing the corridors of

the High Court building. He rather immersed himself quietly in notarial work

and enjoyed in particular conveyancing and some probate law. For this reason,

My Lord, his closet working relationships during the last thirty years of his




                                        38
practice were with Registrars and staff of the various departments. Initially, you

would feel intimidated by the stature of Sir Allan … a renowned regional jurist

and leader of this country that you only read about in books. However, in your

very first conversation with Sir Allan, he sets you at ease. He enquiries if you

could play dominoes and he extends an invitation to you to his Laborie, that he

spoke of with great pride, and his storybook home at Sapphire Estate.

       My Lord, I was curious about this Laborie that he spoke so much about,

and I think I need to enlighten the Court about this quaint little village, where Sir

Allan was born and he spent many fulfilling days. From the time you enter

Laborie, My Lord, you will come to the realization that this is a unique place.

Somehow, the persons born in that little village are destined to reach the

pinnacle of achievement in any field that they choose. Once you are a Laborian,

My Lord, you will become a Governor General, a Prime Minister, a Judge, a

Magistrate, a World Class Body Builder, even Mr. Universe; you will become an

author or a newspaper publisher or you will become a Priest. My Lord, I must

tell you I go down to Laborie, I fill my lungs with air, I drink the water, I mix

with the locals, and I hope that something with rub off. Sir Allan was very

proud of being a Laborian, and of the continued accomplishments of his

Laborians, and he dedicated his life to helping his people.

       By the early 1990s Sir Allan had longed closed his office in the Village of

Laborie and he had set up his chambers in a home office at Sapphire Estate. Sir

Allan, My Lord, is the only Saint Lucian attorney, to my knowledge, who has ran

a thriving and successful practice from his home. His success is, however, not

measured by his acquisition of wealth, but by the large number of clients he had




                                         39
all over the world, My Lord, and the satisfaction of the persons he presented. I

say this of Sir Allan, because all the Registry staff were aware and his Secretary

can confirm that the majority of his practice was probono work. If anything, My

Lord, Sir Allan ran the first and to date, only unrecognized legal aid clinic in

Saint Lucia. All who worked with and knew him, knew that he registered many

a Deed, a Bill of Sale, a Power of Attorney, paying all of the stamp duty from his

own pocket. He signed his last Deed, finding and correcting every error just days

before his passing. Although not a criminal lawyer he was constantly on the

phone seeking bail for persons in trouble. My Lord, everyone in Laborie ran to

Sir Allan for help even before they called their priest. All who came into contact

with him, they knew that he practiced law not for personal gain, but only in

service to his people.

       Being the wise man that he was, he maintained a very close relationship

with all the ladies in the Registries. Other lawyers may complain of delays in

receiving their work, but these words never escaped his lips, because he had

Registrars and Clerks scrambling to receive his phone calls. I don’t believe his

younger counterparts, the likes of as a Civil Servant and as a Registrar and

having served on numerous government boards and committees, he was

empathetic to the plight of and he was deeply appreciative of the role of public

servants and more so, Registry staffs and their importance to the operations and

efficiency of the legal system and of every attorney’s chambers.

       On any given day that Sir Allan visited the Registry or that he sent up his

work from Laborie to be filed the staff were treated to sea eggs, lobster, My Lord,

only in season, fish, organically grown vegetables, which he planted himself and




                                        40
the eggs from the chickens he reared. I know that the staff of the various

Registries reminisced on the many occasions when Sir Allan opened his home at

Sapphire Estate and he fêted large groups in appreciation for their dedication

and hard work.

      International Woman’s Day having only just past, it was worth noting,

My Lord, that Sir Allan was very concerned about the rights and welfare of

women and children and particularly working single mothers. Sir Allan was in

fact the chairman of the committee that inquired into the status of unmarried

pregnant teachers at the time when the law facilitated their immediate dismissal.

It appears, My Lord, that this made him sensitive to, and particularly concerned

for women during pregnancy. He always made the time to call and inquire

about your welfare, and he made a habit of giving gifts, of these most delightful

locally made sweets. My fondest memory, My Lord, are of these almond tablets

that he would make, it’s a roasted almond delicacy that he would send up for me

regularly during my pregnancies and in hindsight, My Lord, Chief Justice, I

think that I made a few extra children just to benefit from those delicacies.

      My Lord, Sir Allan has been described as self-effacing, although he is

generally unwilling to discuss his accomplishments, he would lighten up to a

discussion on his St. Mary’s College glory days, where as head prefect he was

also games and athletics captain and he starred in football and cricket.        It

appeared to be a memory that he really treasured dearly. He remained an avid

cricket enthusiast throughout his life and even when on medical advice he could

not take the excitement of the one day games. He would watch or listen until the




                                        41
anxiety set in and then he would turn off his radio or television and call Miss

Lubon to give him the results and the commentary.

      My Lord, I’ve heard all of the speakers who preceded me referred to either

his dexterity or his love for dominoes, but Sir Allan’s domino fetish was

indescribable. He played dominoes every single day with his siblings, friends

and family, and just to ensure that the boys came on time, he paid a taxi to bring

them to his house. Having a home office was, in fact, a perfect arrangement for

him, and I am sure he is the envy of the other male attorneys, because Sir Allan

would play a game, he would go in to see a client in the room next door, and

then he would return to the domino table. His secretary would tell you that on

many occasions, My Lord, she had to actually pull him from a game, pleading

with him and his asking to give him a few more minutes so he can give

somebody a sapart.

      My Lord, I read the biography in the programme and, in fact, I was given

a bit of autobiographical data that Sir Allan had in which he gave a one-liner

about his recreational activities, and he says for recreation I do gardening,

fishing and reading and he didn’t say I played dominoes, and I slam dominoes,

that’s speaks for itself. As with the signing of his last Deed, Sir Allan played

dominoes until very close to the date when he departed this world.

      At this stage, My Lord, I think I should make special mention of his

Secretary, Miss Louise Louis, his Legal Secretary and his lady of all business for

the last thirteen years. Not only did Louise in her own right from his training,

but apart from the myriad of other things that she was assigned to do for him,

Louise was Sir Allan’s barber. In his later years, Sir Allan did not have much




                                       42
hair, but he ensured that whatever was left was well groomed. He prided

himself in always looking dapper since he never knew who would come a

calling. I should mention here also that from the time he retired from the bench

and from his political life, he never wore a suit or anything black again, and he

can be remembered only by his signature shirt jack.         Sir Allan thoroughly

enjoyed those last years of his life. His peaceful, beautiful home perched on the

edge of a cliff with a breathtaking view of Laborie was always bustling and alive,

My Lord. Young and old, rich and poor persons from all walks of life gravitated

to Sir Allan’s door and his warmth, patience, tolerance and kindness.

       He gave selflessly to the disadvantaged and I’ve heard some of the

speakers refer to some of his charities. He was really a lending facility by

himself, receiving no returns. He assisted in particular, My Lord, and I am

grateful that they accepted the invitation; he assisted the Sisters of the Mother

Theresa Order of the Roman Catholic Church. They have dedicated their lives to

helping the poor and they are present here today in recognition of his goodness

to their charity. I think the learned President of the Bar mentioned that he gave

scholarships. He, in fact, provided fourteen annually … secondary and tertiary

education scholarships for the children of his community. He did open a skills

centre in Laborie, contributed financially to the development of his community

sports, and he does give, he did give groceries monthly to sixteen impoverished

families.

       My Lord, I have a list there that is unending. Ralph Waldo Emerson said,

that character is higher than intellect, and Sir Allan lived that by his philosophy

of life.    He is imprinted on our hearts and in the annals of history as a




                                        43
consummate philanthropist, community leader and a credit to his beloved Saint

Lucia, the Legal Fraternity and his beloved Laborie, that he served and enjoyed

until his death. He was made, My Lord, of a special moral fiber. In spite of all

his good works, though, Sir Allan passed away with the unrealized dream of

building a home for the elderly. He carried the burden that most of our elderly

are underprivileged and neglected and have no one to care for them in their last

days. As to his last years, his interest in the law never waned; he still discussed

cases, legal issues and amendments to the law and inquired generally all the time

about the courts and judicial officers.

       However, the books on law, politics, current world affairs and sports that

interested him no longer occupied his night stand. They were replaced by his

Bible and his prayer books that reinforced his unwavering faith in God. I am

confident, My Lord, that his very last petition was, in fact, to the court of higher

authority, was in fact, well presented and granted and I do trust that his request

for a domino table and a cricket pitch in the afterlife have been met, otherwise, I

know he would definitely be restless.

       My Lord, I know that Sir Allan enriched the lives of everyone he touched

as he encouraged by his example a life of service to mankind, by the use of the

skills with which we are gifted, resilience of spirit and strength of character in

the face of all adversity, and the enjoyment of life with which we are blessed.

On behalf of the members of the Utter Bar, I extend sincerest condolences to Sir

Allan’s daughter, Mariella Louisy-Nedd, his son-in-law, Dr. Ken Nedd, their

three children and the entire and very large Louisy family, their other family

members and friends. I pray that they may find strength, courage and grace in




                                          44
this difficult time. My Lord, I also take the time to extend condolences to Miss

Louise Louis who served Sir Allan tirelessly, Mrs. Marva Hazell, his caregiver,

Miss Fercinta Smith and his very special friend, Miss Allison Lubon.

      My Lord, in the book, The Prophet, Kahlil Gibran, by Kahlil Gibran, I

apologize, almetra almustafa, the chosen and the beloved, we would asked you

now of death and he said, you would know the secret of death, but how shall you

find it unless you seek it in the heart of life. If you would indeed behold the

spirit of death, open your life wide unto the body of life, for heart and death are

one. In the depths of your hopes and desires, lies your knowledge of the beyond.

Only when you drink from the river of silence shall you indeed sing, and when

you have reached the mountain top then you shall begin to climb, and when the

earth shall claim your limbs, then shall you truly dance. I bid you, My Lord,

Chief Justice, to my friend and mentor, Sir Allan, I celebrate his life as he now

enjoys his dance. May his soul rest in peace.

Thank you, My Lord.




                                        45
His Lordship the Honourable Hugh Anthony Rawlins, Chief Justice
       I am certain that everyone would agree with me that there could have

been no more fitting finale to this sitting, and you would agree if I thank on

behalf of all of us, Mrs. Foster. The only thing is that I wondered whether she

had to end.

       Mrs. Foster, I hope you did not miss the other part of your calling. It’s not

too late to embark upon it that was outstanding; outstanding. As we end this

sitting, let me; again, on behalf of the Court express our sympathy to the entire

family, the Louisy family. We know that you will have solace and especially

leaving on this note, I am sure if you came in, in sadness you would be leaving

this precincts with great joy. We join you in that great joy. May I finally

recognize the presence of the Sisters of the Order of Mother Theresa. It’s not

usual to have you in these confines, but I am certain that if it was your first fora,

I am certain that you also would have been very happy that you came.

       We end, and as we do so may I simply indicate our gratitude to the Chief

Registrar, Mrs. Phulgence; Deputy Registrar, Miss Actie; Registrar of this Court,

Mrs. Maragh; and all of the members of staff; Mrs. Theobalds and all of the

members of staff who left. I think it was almost six o’clock yesterday evening that

they were asked to make the arrangements and they have decided that the

arrangements will not end when you walk out of these doors; but that you are

invited upstairs to the chambers where you shall have some refreshments and

sustenance to take you forward on your journey for the day.



(Sitting adjourned)



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