Appeal Court Free Up BONI Boss After Nevis Judge Order Jail Time
Big legal drama finally cool down this week as the Eastern Caribbean Court of Appeal overturn the jailing of James Simpson, Acting CEO and Director of Bank of Nevis International (BONI).
Simpson had been sent to His Majesty’s Prison in Basseterre for seven days earlier this year after a Nevis High Court judge, Justice Patrick Thompson Jr, ruled that he failed to obey a court order to pay more than US$3 million into the court. But the Appeal Court say the whole thing was handled wrong.
Writing the judgment, Justice Gerard St. Clair Farara said Simpson wasn’t given enough notice before he was sent to prison — only an hour and a half — when the rules clearly require at least 21 days. The judges also pointed out that he was served the order after the banks were already closed, making it impossible to comply with the payment deadline that same day.
In his decision, Justice Farara said plainly that the lower court didn’t properly consider “the reasonableness of the opportunity afforded to BONI to comply”. The panel of judges, which also included Justice Esco Henry and Justice Reginald Armour, agreed unanimously to strike down the committal order and set Simpson free.
The court also ordered that Selecta Insurance and Reinsurance Company (Caribbean) Ltd., which brought the case against BONI, pay Simpson’s legal costs for the appeal.
The case stems from Selecta’s claim that BONI owed them US$3,017,909.88, which the bank admitted it held but couldn’t release because of “issues with corresponding banks”. The Court of Appeal ruling now shifts the focus away from Simpson’s imprisonment and back to the financial dispute between the two parties.
Legal observers in Nevis say the case highlights the complex relationship between offshore banking, regulatory procedure, and due process in the Federation’s financial system. For BONI, it’s a small victory after months of scrutiny — and for Nevis’ legal community, a reminder that even high-profile cases must play by the book.
Run Di Chat watching this one close — when the courts clash, it’s not just about the money. It’s about how justice is served in the Federation.