Cyril Edward Applicant v (1) Kennedy Samuel (2) Folk Research Centre Inc. Respondents [ECSC]

• Jurisdiction: St Lucia
• Judge: Edwards, J.
• Judgment Date: 14 November 2006
• Judgment citation (vLex): [2006] ECSC J1114-2
• Date: 14 November 2006
• Court: High Court (Saint Lucia)
• Docket Number: CLAIM NO. SLUHCV 2006/0149

[2006] ECSC J1114-2

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

CLAIM NO. SLUHCV 2006/0149

Between:

Cyril Edward

Applicant

and

(1) Kennedy Samuel

(2) Folk Research Centre Inc.

Respondents

INTRODUCTION

Edwards, J.

1 This judgment is on an Application For Leave To Make a Claim For Judicial Review. The Applicant Mr. Cyril Edward is Captain of the Piaye Walaba Cricket Team.

2 Folk Research Centre Inc (F.R.C.) is a private non-profit company registered since 1985, and continued, under the Laws of St. Lucia. Its Executive Director is Mr.Kennedy Samuel, against whom the Application was dismissed on the 30^th October 2006.

3 Traditionally, judicial review allows a person with sufficient interest in the subject matter of the Application, to challenge the decision making process of a public authority, thereby ensuring that the public authority acts within its given powers.

4 With the development of modern public law, the Courts on a case by case basis, can now treat a private body as if it was a public authority. Consequently, acts, decisions, or omissions of non-governmental authorities are no longer automatically excluded from judicial review. The new approach of the Courts is to focus not merely on the nature of the body or its source of existence, but also on any public function that the private body performs, when deciding whether or not that body should be subject to judicial review.

5 The present Application has thrown up this very issue: Should the decision of Folk Research Centre Inc. a private body, be subject to judicial review?

6 Before proceeding to consider Counsel's submissions and the applicable law, it is necessary to give the factual background to the filing of this Application on the 21^st February 2006.

BACKGROUND FACTS

7 The first Woulé Laba/ Walaba National Tournament was organized by F.R.C. as part of the celebrations for Creole heritage month 2005. A press release dated 21^st February 2006 from the F.R.C's Executive Director states that the Tournament was "initiated by the Prime Minister, Hon. Dr. Kenny Anthony and organized by the Folk Research Centre, with the general sponsorship and support of the St. Lucia Distillers and their Bounty Rum brand…"

8 Woulé Laba/Walaba is an indigenous community sporting tradition in St. Lucia, involving the playing of a localized version of cricket in rural communities, among the predominantly African population, with attendant activities, which are usually an informal betting of monies on the teams of the rural communities, sale of food and drink, and a public dance to end the day.

9 The F.R.C. decided to promote this indigenous sporting tradition in order to generate national awareness and understanding of this traditional St. Lucian cricket game, document it, and foster greater socialization among St. Lucia communities, as a strategy for building a peaceful and harmonious society, while adding variety and interest through competition, to the programme of activities for Creole month.

THE PROPOSAL

10 According to the F.R.C's Written Summary Proposal for the National Walaba Tournament, the actual format of this St. Lucian cricket game is "broadly similar to international cricket but with some significant changes to the rules that make it less formal, and increase the excitement for local spectators."

11 This proposal forecasted the following schedule:

"ACTIVITIES

The tournament will comprise a maximum of twelve matches including two sem-finals and one final to determine the overall winner. All matches will preferably be played on local community playgrounds.

August: Finalizing participating teams; Finalizing

Matches Schedule; Public Information

September: Start of matches in preliminary round,

Documentation

October: Conclusion of preliminary round; Semi-

Finals; Finals, Documentation

October 30: Prize-Giving at Jounen Kwéyòl celebrations

MANAGEMENT

The tournament will be managed by a special committee set up by the Folk Research Centre comprising of FRC members, community cricketers, and experienced cricket administrators. The committee will be responsible for finalizing the list of competing teams, establishing the rules, liaising with all teams, and handling all logistics relating to the efficient execution of the tournament. The Folk Research Centre will give administrative support and backing to the committee's work."

MANAGEMENT

THE RULES

12 The playing of the tournament on a community basis in a competitive atmosphere required rules to be drawn up. Consequently, for the finals of the Walaba Competition, the under mentioned conditions were formulated by the F.R.C. and agreed to by the participants as Rules of play –

• "1. Play will commence at 9:30 am such other time determined by the umpires and match adjudicator.

• 2. The number of players per side shall be thirteen (13).

• 3. Each side will be allotted a maximum three (3) hours or a maximum of 500 balls for batting with a cut-off time of no later than 1:00 pm. There will be a break of 30 minutes between innings. In the event that the side batting first is bowled out before the three (3) hours or 500 balls the side batting second will be allowed the full three (3) hours or 500 balls to reply.

• 4. In the event of a late start or interruptions during the course of the match, the number of hours/number of balls allotted for batting will be reduced accordingly after consultation between the match adjudicator, umpires and the two (2) captains. In any event, at least 250 balls per innings per batting side shall constitute a match, in terms of deliveries to determine the outcome of the game.

• 5. Where there is a query by any member of the opposing sides, the matter will be brought to the attention of the captain who will refer the matter to the umpires. The umpires shall take a decision on the matter or may refer the matter to the match adjudicator for a decision. The decision of the adjudicator will be final.

• 6. The umpires for the final match will be selected by the organizers of the competition.

• 7. The umpires in collaboration with the match adjudicator will take all necessary steps to ensure that teams do not waste any time during the course of the match.

• 8. The umpires will act accordingly to ensure that bowlers bowl all deliveries within reach of batsmen to allow for strokes to be offered; and when in the opinion of the umpires that a bowler is deliberately bowling negative deliveries to the batsmen, the following will apply: -

  • (i) The umpires will bring the matter to the attention of the captain and the bowler will receive a warning for deliberate negative bowling.

  • (ii) If the bowler continues to deliberately bowl negative deliveries he will receive a second warning; and at that point the umpires will inform the captain that the offending bowler be removed from the bowling and award 6 runs to the batting side.

  • (iii) Later in the match the offending bowler may resume bowling at the discretion of his captain."

THE FINALS

13 At the end of play at the second finals between the Walaba cricket teams of Piaye and Morne Cisseaux on the 6^th November 2005, there was no outright winner.

14 According to Mr. Cyril Edward, the Adjudicator after due consideration based on the 250 balls rule, determined and announced that Piaye Walaba Cricket team had won the game and the competition.

15 However, Mr. Kennedy Samuel and the Adjudicator Mr. Gilroy Satney dispute this. They both contend that Mr. Satney said over the public address system that on the basis of the number of balls bowled, it would seem that the Piaye team had won.

16 The Statement on the outcome of the replayed finals of the Bounty National Walaba Tournament from the F.R.C. dated 18^th November 2005 states that:

"… the match adjudicator announced on the microphone that it appeared that Piaye was the winning team based on the relative situation of both teams in respect to runs scored 155 for 5 wickets and Morne Cisseaux scored 143 for 5 wickets. Hence he declared Piaye to be the winning team. The captain and members of the Morne Cisseaux team immediately expressed their disagreement with the results to the match officials and members of the Folk Research Centre's Organising Committee."

PROTEST

17 By letter dated 7^th November 2005 the Captain of Morne Cisseaux Walaba cricket team wrote to Mr. Leslie Charles who is the Chairman of the Organizing Committee of the Walaba Cricket Competition for the F.R.C. In this letter, he contested the decision of the finals played on the 6^th November 2005, and some of the points made were that:

• (a) Morne Cisseaux team bowled a total of 380 balls in the first 3 hours with Piaye reaching 225 runs for 10 wickets.

• (b) Piaye team bowled a total of 290 balls in 3 hours and 40 minutes. There was only a 15 minutes interruption for rain. Morne Cisseaux team reached a commanding total of 174 runs for 5 wickets.

• (c) Piaye team and their supporters engaged in several delay tactics in order to make clause 4 of the rules applicable, according to their interpretation of clause 4.

• (d) Morne Cisseaux team did not receive a complete copy of the Rules as the document handed to them prior to the game truncated Rules 3,4, 5 and 8, while omitting Rule 2.

• (e) In particular, the document Morne Cisseaux team received stated Rule 4 as Rule 3 in the following manner:

  "In the event of a late start or interruptions during the course of the match the number of hours allotted for batting will be determined after consultation between the match adjudicator, umpires and the two (2) captains."

• (f) Piaye seemingly being awarded the game by Mr. Satney is in contravention of Clause 4 of the Rules. Mr. Satney's reason is that at 250 balls, Piaye led 155 runs for 5 wickets while Morne Cisseaux has 143 for 4 wickets.

• (g) Since the match ended with Morne Cisseaux facing 290 balls, the...