{"id":117198,"date":"2020-09-21T06:00:35","date_gmt":"2020-09-21T10:00:35","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=117198"},"modified":"2020-09-21T07:54:03","modified_gmt":"2020-09-21T11:54:03","slug":"commentary-bench-warrants-be-still-and-know","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-bench-warrants-be-still-and-know\/","title":{"rendered":"COMMENTARY: Bench Warrants – Be Still And Know"},"content":{"rendered":"
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By Rawlston Pompey<\/p>

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In every sphere of human interaction, something dramatically develops. These were known to have occurred among members of every strata of society. There are chaotic scenes, often accompanied by a web of confusion. Even as hearts throbs with excitement or amazement, these are to be accepted as all part of the human experience. In institutions of justice, there are also dramatic developments. These undoubtedly, include; (i)<\/strong> …Absconsion; (ii)<\/strong> …Derailment of Court Fixtures; while more specifically, (iii)<\/strong> …Compelling the attendance of persons subject to its jurisdiction by; (a)<\/strong> …Court\u2019s notification; or (b)<\/strong> …Issuance of summonses or Bench warrants.\u2019 There may even be requests by litigants to adjudicators or presiding officers, to recuse themselves from civil hearings that have not started.<\/p>\n

FEATURED OCCURRENCE<\/strong><\/p>

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As has been the human experience, drama has constantly unfolded in the wider society. This has been a \u2018Featured Occurrence\u2019<\/strong> in governmental and non-governmental organizations. The same is also true of public institutions. For instance, in the judicial system, it is not unusual for drama to develop among; (a)<\/strong> …Dissenting officers of the Court and adjudicators; or (b)<\/strong> …Attorneys and attorneys; or (c)<\/strong> …Disagreeable clients and attorneys; (d)<\/strong> …Witnesses and witnesses; or (e)<\/strong> …Prisoners and prisoners.\u2019 While most practitioners operate \u2018Legal Chambers,\u2019<\/strong> such practice has never been the same in representing clients before the Courts. In these practices, one is considered \u2018Consultative,\u2019<\/strong> while the other, \u2018Actual Court Practice.\u2019<\/strong><\/p>

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PERSPECTIVE<\/strong><\/p>\n

As situations demand or circumstances dictate, Judges and Magistrates shall exercise powers that reside with their offices. They shall not only ensure that justice is administrated expeditiously and fairly, but also to address delaying tactics that disguisedly seek to impede the judicial processes. That which attorneys and medical officer shall know, is that adjudicators that sit on the Bench, namely, \u2018Judges and Magistrates,\u2019<\/strong> have associated \u2018Jurisdictional Powers.\u2019 <\/strong>These allow for adjudicators to address conduct akin to; (i)<\/strong> …Contempt (High Court only); (ii<\/strong>) …Disrespect; (iii)<\/strong> …Deception; (iv) …Defiance; and (v) …Absconsion.\u2019 This commentary seeks only to provide an understanding as it pertains to; (i)<\/strong> \u2018…The issuance of Bench Warrants; (ii)<\/strong> …Reasons for such issuance; and (iii)<\/strong> …What obtains when such Warrants have been executed.\u2019<\/p>

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BELLS OF ALARM<\/strong><\/p>\n

Likened to the \u2018Town Crier,\u2019 chanting and ringing his bell, \u2018Bells of Alarm\u2019<\/strong> rang out across the nation, as well as in mainstream and social media. Most local news portals hurriedly scrambled reporters, or in frenzy ringing up sources considered credible for details. Dramatically and sensationally, \u2018State-owned Media ABS TV\u2019<\/strong> headlined the reported issuance of a \u2018Bench Warrant\u2019<\/strong> against embattled parliamentarian \u2018Asot A. Michael\u2019 <\/strong>[September 10, 2020]. Startled by the breaking news of the \u2018magisterially-issued process,\u2019<\/strong> citizens, thirsty for details were driven to wild speculations. They were curious to know what the lawmaker had, or may have allegedly done. Incidentally, it was nothing associated with any acts of criminality.<\/p>

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WHAT OBTAINS<\/strong><\/p>

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It was a \u2018magisterial compensatory tortuous claim of some EC$15, 000,\u2019<\/strong> the \u2018Respondent\u2019 was contesting. To persons of negligible means, this was substantial, but to a person of affluence, it was a claim he reportedly described as \u2018outrageous.\u2019 <\/strong>That was among the litigating parties, yet to be judicially settled within the Magistracy. It is unthinkable that a \u2018Respondent\u2019 would risk restrictions to his liberty as to be as seen running riot with \u2018…Ignorance; … Arrogance; or …Disobedience.\u2019<\/strong> In the eyes of Courts, these have not only been deemed \u2018contemptuous,\u2019 but also to be accorded \u2018reformatory punishment.\u2019<\/p>\n

NO INDIGNITIES<\/strong><\/p>\n

In cases where persons had absconded from the Court\u2019s jurisdiction, they were often subjected to; (a)<\/strong> \u2018…Bench arrest;\u00a0 (b)<\/strong> …Forcefully fitted with wrists restraint bracelets; (c<\/strong>) …Carted off to Court; or (d)<\/strong> …Kept in open Court seated on the prisoner\u2019s bench; (e)<\/strong> …Placed in the Court\u2019s holding cell; or (f)<\/strong> …Ordered confined to a police lockup.\u2019 Fortunately, the \u2018Respondent\u2019 suffered no indignities of arrest as often been associated with the execution of \u2018Bench Warrants.\u2019 <\/strong>Fearing the worst, the \u2018Respondent\u2019<\/strong> was reported to have requested the issuing Magistrate recusal from the proceedings.<\/p>\n

NON-ATTENDANCE<\/strong><\/p>\n

Not infrequently, some attorneys and litigants- \u2018plaintiffs and respondents\u2019 have found themselves unmindful of the \u2018Court\u2019s Fixtures.\u2019 <\/strong>The most troubling<\/strong> of these, however, has been \u2018Non-attendance\u2019<\/strong> of persons duly summoned to attend Court for criminal trials or civil hearings.\u2019 Certain strategy has often prompted or provoked adjudicators into the issuance of \u2018Bench Warrants.\u2019<\/strong> The Court not only commands, but also forces the attendance by arrest of persons that have inexcusably absent. It is even more troubling should the Court view as dubious, \u2018medical documents\u2019<\/strong> submitted for its consideration and further adjournments. Most adjudicators are invariably guided by the legal maxim that unambiguously states, \u2018Justice delayed is justice denied.\u2019<\/strong><\/p>\n

DELIGHT IN COURT DELAYS<\/strong><\/p>\n

It is a societal-held belief that some legal practitioners \u2018Delight in Court Delays.\u2019 <\/strong>It is also believed that a small number of medical officers may have been unsuspectingly used as facilitators. Invariably, such has been proven to be problematic to many litigants. There also those harboring the belief, albeit erroneously, that likened to the \u2018harvesting of honey,\u2019 such delaying tactic is capable of being described as \u2018deceptively fleecing clients.\u2019 There has been occasional reference to the legal experiences of \u2018former \u2018FRSC\u2019s Director Leroy King.\u2019<\/strong> He is reportedly languishing in a foreign penitentiary \u2018pennilessly, haplessly and hopelessly.\u2019<\/p>\n

MANIPULATED STRATEGY<\/strong><\/p>\n

The other vexing case is that of the inordinate delay in bring closure to the alleged \u2018tragic hit and run vehicular\/pedestrian accident.\u2019 The tragedy has reportedly \u2018orphaned 9 children mothered by former Cedar Grove resident, Andrea Hughes 32\u2019<\/strong> [MARCH 28, 2014-]. Most people now see the delay in some judicial matters as speaking to an apparent \u2018Manipulative Strategy,\u2019 <\/strong>being employed against indigent litigants through the judicial system.\u2019 Though cloaked in legality, not every adjudicator is amused by such troubling professional acts. Since rules are capable of being changed as situations demand, so too is the mentality of these practitioners. Most know that \u2018Courts\u2019 require those in attendance, or commanded, or notified to attend hearings fixed by the Court, practitioners appearing before them shall strictly adhere to the \u2018Rules and Procedures.\u2019 <\/strong><\/p>\n

BENCH WARRANTS<\/strong><\/p>\n

Starting the discussion, it is important to understand the definition of a \u2018Bench Warrant.\u2019<\/strong> From professional law enforcement knowledge, \u2018A \u2018Bench Warrant\u2019<\/strong> constitutes a written authority issued by a \u2018Magistrate or Judge,\u2019 ordering; (a)<\/strong> \u2018…The arrest of a person having business to do at the Court; and (b) <\/strong>…Bringing the absconder forthwith before the Court.\u2019 Legal practitioners are not only expected to be au fait with \u2018Rules of the Court,\u2019<\/strong> but also to properly guide themselves, and as far as practicable submit to the \u2018Court\u2019s; (a)<\/strong> \u2018…Jurisdiction; (b)<\/strong> …Fixtures; and (c)<\/strong> …Notifications.\u2019 Such person having; (i) \u2018…Such business before the Court; (ii)<\/strong> …Having been judicially summoned\/notified; and (iii)<\/strong> …Absconded,\u2019 exposes himself to \u2018Consequential Peril.\u2019<\/strong><\/p>\n

BAIL OR REMAND <\/strong><\/p>\n

In the case of persons arrested on \u2018Bench Warrants\u2019<\/strong> for absconsion, they are conveyed to the \u2018Magistrate\u2019s Court.\u2019 There, the question of \u2018Bail\u2019 may arise. If such bail is offered or granted, a defendant upon satisfaction of stipulated \u2018Bail Conditions,\u2019<\/strong> enters into \u2018Recognizance.\u2019<\/strong> He\/she is given clearly to understand that without further notification, he\/she shall attend Court on the fixed date and time.\u2019 If bail is denied, the \u2018absconder\u2019 is ordered to be remanded to prison. Having been so remanded, there have never been difficulties with absconsion. The Court\u2019s records would show the whereabouts of those subject to its jurisdiction.<\/p>\n

CONSEQUENTIAL PERIL<\/strong><\/p>\n

It matters not the social, financial or professional status of persons having business at the Courts, all are subject to its jurisdictions. In the case of \u2018Magistrate\u2019s Courts,\u2019 persistent failure to attend hearings may set the stage for absconders to be subjected to \u2018Consequential Peril.\u2019<\/strong> Such may include; (a)<\/strong> \u2018…Issuance of a Bench Warrant; (b)<\/strong> …Instantaneous punishment of; (c)<\/strong> \u2018…A forthwith payable fine; or (d)<\/strong> …Brief custodial sentence at prison; or (e)<\/strong> …Brief holding at a police cell; or (f)<\/strong> …Brief stay on the prisoner\u2019s bench.\u2019 These are not only always at the disposal and discretion of adjudicators, but also \u2018always under applicable consideration.\u2019 <\/strong><\/p>\n

MISCONCEPTION<\/strong><\/p>\n

Given the applicability of such consequences, it may be seen as a \u2018Misconception\u2019<\/strong> or an erroneously harbored belief that powers residing with \u2018Magistrates\u2019<\/strong> limit them to the issuance of \u2018Bench Warrants\u2019<\/strong> only in criminal proceedings. Such appeared to have been harbored by persons starved of knowledge. Such powers guide the behavior of any person subject to the Court\u2019s jurisdictions. Some people would have been reckless not to know that the exercise of such powers provides for adjudicators to compel attendance and discourage disorderly behavior\u2019 in; (a)<\/strong> \u2018…The face of the Court; or (b)<\/strong> …Within its confines; or (c)<\/strong> …Respect for its decisions.\u2019 This is so, even when justice appeared to have been \u2018impregnated by travesty,\u2019<\/strong> thereby necessitating visitations by an appellate Court- \u2018Eastern Caribbean Supreme Court (ECSC) or The Judicial Committee of the Privy Council (JCPC).\u2019<\/strong><\/p>\n

GOOD MAGISTERIAL SENSE<\/strong><\/p>\n

Likened to the rest of the \u2018British and some non-Commonwealth nations,\u2019 all persons are not only subject to the Court\u2019s jurisdiction, but also equal before it. That said litigants shall know that Courts are not necessarily concerned with advice sought and offered to clients or instructions taken by practicing attorneys.\u00a0 It is to public knowledge that adjudicators are more concerned with; (a)<\/strong> \u2018…Matters before the Court; (b) …P<\/strong>hysical attendance of those concerned with such matters.\u2019 In the case of \u2018Respondent,\u2019<\/strong> consequent upon the legal services of attorney \u2018Kenny Kentish,<\/strong>\u2019 he reportedly craved the Court\u2019s indulgence with an undertaking. Such was to ensure that the \u2018Respondent\u2019 surrendered to the jurisdiction of the Court.<\/p>\n

DUPED OR VICTIMIZED<\/strong><\/p>\n

As opposed to reckless disregard to \u2018Fixtures of the Court,\u2019<\/strong> the Court-recognized litigant, \u2018Asot A. Michael,\u2019 may possibly have been; (a)<\/strong> \u2018…Dup<\/strong>ed or misguided; or (b) …Victimized<\/strong> by suspect or questionable medical or legal advice.\u2019 In spite of these possibilities, none may impute motive of complicity on the part of these respected and trustworthy professionals. In the instant Case, though the issuance of the \u2018Bench Warrant\u2019<\/strong> was not in any way associated with acts of criminality, the \u2018Respondent\u2019 in litigious proceedings had reportedly failed to appear before \u2018Chief Magistrate Joanne Walsh<\/strong>\u2019 at the Magisterial District \u2018A\u2019 Court [September 10, 2020].<\/p>\n

PATTERN OF BEHAVIOR<\/strong><\/p>\n

Contrary to harbored belief, an adjudicator may draw reasonable inferences from professional conduct that speaks to a developing or established \u2018Pattern of Behavior.\u2019<\/strong> Since Magistrates have no expertise in medicine, they often seek \u2018Medical Guidance\u2019<\/strong> from the attending physicians. In the instant case, that which appeared to have engaged the attention of the Court, had been two apparent vexing issues; (i)<\/strong> \u2018…Persistent absence of the Respondent; and (ii)<\/strong> …Persistent submission of Medical Certificates.\u2019\u00a0 Litigants, Plaintiffs or Respondents with proceedings pending before the \u2018Court,\u2019 be it; (a)<\/strong> \u2018…Summary; or (b)<\/strong> …Civil; …Jurisdiction,\u2019 who frequently caused \u2018…Certificates of Sickness\u2019<\/strong> to be submitted to the Court, runs the risk of adjudicators harboring reasonable suspicion about their medical condition.<\/p>\n

PROFESSIONAL EXPERTISE<\/strong><\/p>\n

Likened to the well known clich\u00e9, \u2018Where there is smoke there is fire.\u2019<\/strong> With signatures to certain medical documents that showed \u2018persistent frequency,\u2019<\/strong> such increased the possibility for attending medical practitioners to be instantaneously summoned from their Clinics. Though not frequently, this was for the purposes of clearing up any \u2018harbored suspicion\u2019 that adjudicators may have considered necessary for magisterial guidance. Whether legal or medical, practitioners shall know that they not only have a responsibility to their \u2018…clients or patients,\u2019 but also a moral duty in assisting and guiding Courts with their \u2018Professional Expertise.\u2019 <\/strong>This not only helps in discouraging \u2018behavior,\u2019 capable of being seen as adverse to the interest of clients or patients, but also helps in averting negative impact on the Court\u2019s ability in expediting the administration of justice.<\/p>\n

RESOLUTION OF STERNESS<\/strong><\/p>\n

Even with a \u2018Resolution of Sternness,\u2019<\/strong> seemingly guided by the \u2018Spirit of Law,\u2019<\/strong> but clearly in \u2018good faith, Chief Magistrate Joanne Walsh\u2019 <\/strong>unhesitatingly obliged. An aborted attempt to execute the \u2018Warrant,\u2019 saw its eventual recall. As fate often has it, \u2018Good Magisterial Sense\u2019 <\/strong>prevailed. Except Warrants specifically issued to \u2018Enter and Search\u2019 private premises for persons or illegally possessed and concealed property, the scene\u00a0 may have been chaotic had the gates to the private residence allowed for easy access. The attorney, \u2018Kenny Kentish\u2019<\/strong> had successfully averted the inevitability of consequences associated with absconsion. This reportedly occurred mere hours after another practicing attorney appeared to have feigned ignorance that powers reside with Magistrates in issuing \u2018Bench Warrants\u2019 in \u2018non-criminal proceedings.\u2019<\/strong> Forceful and insistent as he may have been, he appeared not to have been able to convince the \u2018Chief Magistrate\u2019 that no such powers reside with the Magistracy.<\/p>\n

PRECISE LANGUAGE<\/strong><\/p>\n

Within this jurisdiction, as in most of the \u2018Organization of Eastern Caribbean States (OECS), it pertains to the opening of the \u2018Magistrates\u2019 Court,\u2019<\/strong> this is said in \u2018Precise Language.\u2019<\/strong> Those that are deemed to know or might be considered reckless not to know include; (i) \u2018…Attorneys-at-law; (ii) …Defendants and witnesses; (iii) …Litigants- (a) …Plaintiffs; and (b) …Respondents.\u2019 Most in attendance, would have heard \u2018Court\u2019s Orderlies\u2019 loudly and audibly saying; \u2018…Oyez! Oyez! Oyez! \u2018…All persons having any business at the Magistrate\u2019s Court of; (a) …Summary; (b) …Civil; and (c) Criminal jurisdiction; (iv) …Draw near and give your attendance; (v) …By command of the Court; …God Save The Queen.\u2019 Then names of the parties would have been called \u2018three times.\u2019<\/p>\n

COMMANDED ATTENDANCE<\/strong><\/p>\n

In such opening, among the operative words are; (i) \u2018…Persons having business.\u2019 Except for edification, \u2018blabbermouths\u2019 with no business before the Court should utilize their time more productively. (ii) …Those with business shall draw near; (iii) …Their physical attendance is all that is desired of the Court.\u2019 Then in forceful judicial language, those with business are told (iv) \u2018…By command of the Court.\u2019\u00a0 To attend, is to show regard and\/or respect to the \u2018Command of the Court\u2019<\/strong> and humble submission to its jurisdiction. None, therefore, shall consider their \u2018Commanded Attendance\u2019<\/strong> at, or absence from the Court, a \u2018social invitation to attend\u2019 and a privilege to be absent.\u2019 A person absenting him\/herself from the Court\u2019s jurisdiction without justifiable explanations or acceptable reasons,\u2019 or to offer an apology satisfactory to the Court, places him\/herself at peril, yet at the mercy of the Court.<\/p>\n

RISK OF PERIL<\/strong><\/p>\n

In the case of a plaintiff, should Courts be given reasons to be believe that a Plaintiff had no further interest in a hearing, it may struck the case from its calendar. Conversely, to attend or not attend, has never been a prerogative of \u2018Respondents in litigious proceedings. When summoned or notified, whether or not the plaintiff is in attendance, a \u2018Respondent\u2019 has a duty to attend. He\/she shall be present to hear and know what is to transpire or eventually transpired. Failing which, \u2018Respondents\u2019 run the \u2018Risk of Peril.\u2019<\/strong> Therefore, whether by (a) \u2018…Medical Certification; or (b) …Legal representation,\u2019 practitioners shall not be seen as directly or indirectly engaged in practices capable of being described as complicit. This is either viewed by employers as encouraging \u2018absenteeism in the workplace; and by adjudicators as facilitating \u2018absconsion\u2019 of offending litigants or Respondents from the jurisdiction of the Court.<\/p>\n

APPREHENSION AND ATTENDANCE<\/strong><\/p>\n

The non-attendance of the \u2018Respondent\u2019 may have been viewed as an exhibition of scant regard to the Court. Moreover, if it was perceived that the \u2018offending litigant\u2019 had disguisedly smart under \u2018medical or legal advice,\u2019 it may have provoked the adjudicator into invoking \u2018The<\/strong> Riot Act.\u2019<\/strong> Thus, \u2018Coronavirus or not, apart from the Court has shown clear resolve in ensuring that the \u2018Wheels of Justice Spin.\u2019 <\/strong>Moreover, it has also been its resole to encourage members of civil society to show respect and regard to the \u2018Rule of Law.\u2019 <\/strong>Therefore, in addressing issues of absconsion, irrespective of social or physical distance guidelines,\u2019 the \u2018Apprehension and Attendance\u2019<\/strong> of the \u2018Respondent,\u2019 had been given magisterial urgency.<\/p>\n

CONCLUSION<\/strong><\/p>\n

From these developments, what every \u2018practicing attorney and medical practitioner\u2019 shall know, is that persons duly notified or summoned to attend any Court proceedings, the submission of \u2018Sick Certificates\u2019<\/strong> has never precluded Courts from issuing \u2018Bench Warrants\u2019<\/strong> to command immediate attendance. Consequent upon this, they shall present no opportunities for Courts to scrutinize with \u2018hawk\u2019s eyes,\u2019 Medical Certificates that may give rise to suspicion of complicity or deception. Therefore, these practitioners shall know that persistently issuing and submitting such \u2018Medical Certificates,\u2019 may show conclusively that such courses of action were either intended to; (a)<\/strong> \u2018…Facilitate Absconsion;\u2019<\/strong> or (b)<\/strong> …Cause unnecessary delays in the timely administration of justice. In the eyes of the Court, such practices may not only have implications for; (i)<\/strong> \u2018…The integrity of their professional practices; (ii)<\/strong> …The admissibility and believability of such documents; but also (iii)<\/strong> …Their reputation for truthfulness.\u2019 Lessons can be learned by oth<\/p>\n

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By Rawlston Pompey In every sphere of human interaction, something dramatically develops. These were known to have occurred among members of every strata of society. There are chaotic scenes, often accompanied by a web of confusion. Even as hearts throbs with excitement or amazement, these are to be accepted as all part of the human […]<\/p>\n","protected":false},"author":3,"featured_media":117199,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-117198","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Bench Warrants - Be Still And Know - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-bench-warrants-be-still-and-know\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Bench Warrants - Be Still And Know\" \/>\n<meta property=\"og:description\" content=\"By Rawlston Pompey In every sphere of human interaction, something dramatically develops. 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