{"id":124930,"date":"2021-03-07T12:47:20","date_gmt":"2021-03-07T16:47:20","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=124930"},"modified":"2021-03-07T12:47:20","modified_gmt":"2021-03-07T16:47:20","slug":"from-the-madden-courts-into-the-rolling-clouds","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/from-the-madden-courts-into-the-rolling-clouds\/","title":{"rendered":"From The Madden Courts – Into The Rolling Clouds"},"content":{"rendered":"
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by\u00a0Rawlston Pompey<\/strong><\/p>

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As the world turns, humans sometimes toy around with life. Not infrequently as a game of chance. Even so, there are those that live life with purposes more fundamental and meaningful. However, to the individual, as it was in the \u2018Beginning,\u2019<\/strong> so will it be in the \u2018End.\u2019 <\/strong>Invariably, some shocking event occurred. It brings home to the gamester that life is really is not a game. Thus, there are trials as there are tribulations. There is disappointment as there is frustration. Then there is pain, followed by suffering and misery. When the end is near, there will be melancholic feelings as there will anxious moments, anguish and despairing cries. When the \u2018End\u2019<\/strong> comes, there is the inevitability of sorrow and grief. Thus, it is to be understood that when \u2018Fate\u2019<\/strong> calls, though not for the status of; \u2018\u2026Monarchs; \u2026Kings and Queens; or \u2026Princes and Princesses,\u2019 all shall obey the \u2018Call to Glory or God\u2019s Fury.\u2019<\/strong> The same is true for every ruled subject. These are all part of the human experience.<\/p>\n

FROM THE MADDEN COURTS<\/strong><\/p>

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A telling blow has been dealt to both the \u2018Magistracy and the Judiciary.\u2019 <\/strong>The fallen, Barrister-at-law, Ralph Alexander Francis\u2019 <\/strong>has been quietly removed \u2018From the Madden Courts\u2019<\/strong> into the \u2018Rolling Clouds.\u2019<\/strong> This might be seen at the top of this very \u2018ANR\u2019s <\/strong>social media page. The \u2018Clouds, now featured in social media commercial, shall always cause to be remembered, this \u2018Lega Warrior. There was something peculiar about this video. Jestingly, as it may have sounded, the author remains undaunted that death may snatch him in like manner. Those visiting this news portal may have read a brief comment that says; \u2018\u2026When these Clouds roll, someone is likely to roll with them<\/strong>\u2019 [March 3, 2021]. Truth be told, likened to \u2018Prime Minister Gaston Browne,\u2019<\/strong> reportedly sneaked in a \u2018Moderna Jab\u2019<\/strong> as a counter- measure, that, or \u2018AstraZeneca\u2019 no other person is ready to take the \u2018Train of No Return,\u2019<\/strong> neither \u2018Heaven nor Hell-bound.\u2019 He sure has followed the \u2018Referee\u2019s Warning- \u2018Protect yourselves at all times.\u2019<\/p>

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LIFE AND TIME<\/strong><\/p>\n

This tribute speaks to the \u2018Life and Time\u2019 <\/strong>of \u2018Barrister Ralph Alexander Francis.\u2019<\/strong> It focuses primarily in his professional capacity as a practicing \u2018Barrister-at-law.\u2019<\/strong> That which was known was the enjoyment of a \u2018privileged position.\u2019 <\/strong>Through the years he maintained an air of humility; a deep sense of pride and purpose. He was a most respectful and helpful human being. He was as gentle as he was approachable. He had never failed to show his love of humanity, evidenced by his magnanimity. He endeared himself to many people in every strata of society and many had gravitated to him. Not infrequently, in his legal practice, he had raised many objections to the suspect behavior of \u2018Courts of First Instant,\u2019 be it; (i) \u2018\u2026The Magistracy; and (ii) \u2026The Judiciary.\u2019 <\/strong>He was also deeply concerned over the way Law enforcement executed the law against the indigent or members of the lower strata of society.\u2019<\/p>

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SMALL-MINDED BIGOTS<\/strong><\/p>\n

For at least one member of the legal profession, suspected underlying conditions and complications suspectedly associated with the deadly \u2018Coronavirus-19,\u2019<\/strong> saw \u2018prominent pro bono Barrister\u2019 <\/strong>being \u2018Called to Glory.\u2019<\/strong> He shall be, not at war with a few \u2018Small-Minded Bigots,\u2019 but at peace with himself. He shall rest quietly in eternity until their \u2018Roll is Called Up Yonder\u2019 [James Milton Black: 1893]. <\/strong>Whatever the war may have been, a warrior shockingly fell. He has been transitioned to another place after succumbing to that which has been well-known, and continues to take toll upon humans everywhere.<\/p>

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INTOXICATED IDEA<\/strong><\/p>

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Undoubtedly, the passing of well-known and prominent pro bono Barrister-at-Law,\u2019<\/strong> may not only have brought sorrow and grief to family, loved ones and friends, but also saddened the hearts of practicing colleagues. In his private law practice, likened to other human rights defenders; (i) \u2026Journalists; (ii) \u2026Unionists; and (iii) Barristers\/Attorneys,\u2019 he was committed to the fair administration of justice. Characteristically, he was neither flamboyant, braggadocios or vulgarly assertive. Yet there was always an air of humility. He never soared like an eagle. There were those with the \u2018Intoxicated Idea\u2019<\/strong> that they were far more superior in knowledge of the law than himself. They reportedly treated him with contempt and disdain whenever he endeavored to advance legal arguments on points, as he sought to give his clients the best legal representation he could.<\/p>\n

FALLEN COMPETITOR<\/strong><\/p>\n

Medical authorities had no difficulty in determining that the \u2018Virus\u2019<\/strong> has taken toll on the human person of an eminent Barrister-at-law, \u2018Ralph Alexander Francis.\u2019 <\/strong>Except for \u2018Statistics and official formalities,\u2019<\/strong> his demise and sentiments that might now be expressed will be of no consequence to the departed. For yester-year, he was \u2018Revered\u2019<\/strong> by many, and \u2018Despised\u2019<\/strong> by a few that had treated him contempt, thereby showing scant regard to his intellect, dignity and worth of the human person. He appeared to have enjoyed a particular kinship with diverse people. Those that seemingly enjoyed his association as \u2018Golf Enthusiasts\u2019<\/strong> would have been the \u2018Sirs Isaac Vivian Alexander Richards, Richard \u2018Richie\u2019 Richardson, Leon \u2018Kuma\u2019 Rodney et al.\u2019 <\/strong>They have all represented the fraternity by paying final respects to a \u2018Fallen Competitor\u2019<\/strong> they all revered [March 6, 2021]. His aspirations for \u2018re-development of the facility,\u2019 hampered by financial constraints, may still live on [Observer: September 13, 2018].<\/p>\n

EARTHLY TROUBLES<\/strong><\/p>\n

While condolences will be extended to the bereaved, and tributes will be paid to him, his call to the place of \u2018Rest and Peace,\u2019 has effectively ended his \u2019Earthly Troubles\u2019<\/strong> whatever they may have been. Likened to other people with their own story, he would have had his share of life\u2019s ups and down as well pain and glory. Undoubtedly, his sad passing may evoke memories in those whom he may have; (a)<\/strong> \u2018\u2026Associated themselves with him professionally and socially; (b) \u2026Engaged his legal services and those, for reasons of indigence<\/strong>, he had unhesitatingly provided pro bono service. Researching for this tribute, he was said to have an affinity for the sport of Golf. Such revelation came from a golfing enthusiast, former Member of Parliament and Minister of Government, \u2018Hilroy Humphreys,\u2019<\/strong> one the competitors at the \u2018Cedar Valley Golf Course.\u2019<\/strong> It was also revealed that he also held a \u2018Directorship position\u2019 at the one-sport facility.<\/p>\n

INAPPLICABLE SECTION-102<\/strong><\/p>\n

And now, though the \u2018Holy Scripture\u2019<\/strong> speaks to longevity, there is something equally fundamental that it also speaks to as well.\u2019 Laid to rest [Saturday March 6, 2021]. This has been in keeping with the law that mandates \u2018\u2026Speedy burial or cremation of the body of persons infected with a dangerous infectious disease\u2019 [Section 102: Public Health Act: Chapter 353].<\/strong> Ironically, this has been the \u2018Inapplicable Section\u2019<\/strong> of the \u2018Principal Act,\u2019 where the innocent has been continuously and unlawfully penalized with the \u2018Fine of EC$5, 000\u2019<\/strong> for Regulations they had not in actuality, violated. It has been the view of some legal luminaries that the time has come to place the \u2018Sane\u2019 where psychiatric Superintendent \u2018Dr. James King,\u2019<\/strong> often scan the brain of the \u2018Insane.\u2019<\/p>\n

GOOD GOVERNANCE<\/strong><\/p>\n

He was a featured panelist of a legal educational programme on State media called \u2018Justice.\u2019 This programme was then hosted on \u2018State Media\u2019<\/strong> by current Attorney General, Justice and Legal Affairs Minister, \u2018Steadroy \u2018Cutie\u2019 Benjamin.\u2019<\/strong> Indeed, it was an honour and a privilege to stand against him, both within the Magistracy and the radio\/television programming. As part of a \u2018Watch Dog\u2019<\/strong> organization, called \u2018Free and Fair Elections League,\u2019<\/strong> he had assisted in guiding the understanding of the \u2018Representation of the People Act\u2019 [No. 17 of 2001].<\/strong> \u00a0There has been a sneaking suspicion that Secretary to the League, \u2018George \u2018Rick\u2019 James\u2019 [Deceased: September 24, 2018],<\/strong> needed some urgent legal advice. Both had championed the cause for \u2018Good Governance.\u2019 <\/strong><\/p>\n

WOES OF MAN<\/strong><\/p>\n

In the \u2018Book- Job\u2019<\/strong> the Scripture has long informed of \u2018Man\u2019s Plight.\u2019<\/strong> This will have been told on innumerable pages of the \u2018Holy Bible.\u2019<\/strong> None is so clear as that contained in the \u2018Book- Job.\u2019 \u00a0It has been in this very book the \u2018Scripture gives the clearest and profound warning of just what lies ahead. It speaks to \u2018Woes of Man.\u2019 <\/strong>When these descended upon a \u2018Man of God,\u2019 <\/strong>though he felt pain, it was his extraordinary \u2018Abiding Faith,\u2019<\/strong> that saw him out of his miseries. Had it been so, and had he followed the suggestion of his \u2018Faithless Wife,\u2019<\/strong> he may never have been healed or relieved of his \u2018Woes and Troubles\u2019 <\/strong>as to see the \u2018Face of God.\u2019 Whatever his transgressions may have been, he may still see the \u2018Face of God.\u2019<\/p>\n

FULL OF TROUBLE<\/strong><\/p>\n

In spite of his valiant efforts, his life appeared to have been \u2018Full of Trouble.\u2019 <\/strong>His experiences support that which the \u2018Scripture Warns;\u2019<\/strong> \u2018\u2026A person who is born of a woman is short-lived and full of trouble\u2019 [Job 14: 1]. <\/strong>This passage of Scripture shall particularize the experiences of \u2018Barrister-at-law, Ralph Alexander Francis. There appeared never to have been an \u2018Easy Road for him to Travel.\u2019<\/strong> This means the same thing as had been alluded to in the song; \u2019Hard Road to Travel\u2019<\/strong> [Jimmy Cliff: YouTube]. Though he may not have seen the \u2018White Cliffs of Dover,\u2019 <\/strong>he may have seen as much injustice within the \u2018Criminal Justice System,\u2019<\/strong> than there are vaccines to inoculate the world\u2019s populations.<\/p>\n

COURTS OF FIRST INSTANCE<\/strong><\/p>\n

In life\u2019 innumerable battles, humans combative to each other, often wage war against each other. Within the Judiciary, there are commonly two such battles; (i) \u2018\u2026Litigation; and (ii) \u2026Prosecution.\u2019 While Defence attorneys may strategize, no weaponry was required. The shrewd \u2018Barrister,\u2019 knows that a successful defence is partially dependent upon; (a) <\/strong>\u2018\u2026Proper Case preparation; and(b) \u2026Good t<\/strong>echnique and persuasive arguments, skillfully articulated and sensibly presented.\u2019 He represented many convicted persons within the Magistracy, Eastern Caribbean Supreme Court (ECSC), up to the final appellate Court, the London Judicial Committee of the Privy Council (JCPC). At the Courts of \u2018First Instance\u2019 (Magistrate\/High Court), \u2018Barrister-at-law Ralph Francis\u2019<\/strong> adopted his own style of defence. Yet on merit of the Case. Whatever, deficiencies there may have been, \u2018Barrister Ralph Francis\u2019 was up to his game. He battled opposing parties with every legal sinew and muscle.<\/p>\n

SCRIPTURAL EDIFICATION<\/strong><\/p>\n

In spite of his demise, it shall still be said without fear of scriptural contradiction that the life of \u2018Ralph A. Francis, Barrister\u2019<\/strong>was certainly not shortened. He had barely edge over the \u2018Three Scores and Ten years (70),\u2019<\/strong> humans have been scripturally pre-determined to live. The exception has been that stipulated for extended longevity. Th \u2018Scripture Edifies\u2019 that only \u2018Failing Health\u2019 c<\/strong>ould cause humans to be removed from the earth\u2019s surface [SCRIPTURE\u2026.].<\/strong> Thus, it has to be seen that Scripture has been fulfilled. Failing Health has denied him the opportunity to advance beyond the \u2018age of 72 <\/strong>years,\u2019 and mere two months shy of his \u2018seventy third (73) birthday\u2019 [May 14, 1948 – March 2, 2021].<\/strong><\/p>\n

NAPLEY\u2019S PAGES<\/strong><\/p>\n

Not only was \u2018Barrister Ralph Francis\u2019<\/strong> being studious, but was also audacious as he was courageous. These may have been attributes that appeared not to have been in accord with those of the \u2018Judiciary and Magistracy.\u2019 <\/strong>Other than serving humanity, there may have been no personal aspirations to position himself to be enriched. Likened to many others, there has always been a consciousness in rendering assistance to the disadvantaged. For this reason, it appeared that money was no object. He showed no desire to use his intellect and legal skill in a practice that speaks to \u2018Fleecing the Client. Most of whom came from depressed communities.<\/p>\n

JUDICIAL EXCHANGE<\/strong><\/p>\n

As in yesteryear, in today\u2019s \u2018Court Room,\u2019 it is counter-productive and inimical to a client\u2019s interest to invite visitation of the wrath of an adjudicator. While Attorneys-at-law may face public chidings, it is to be presumed that those may dish out such rebukes are substantially remunerated. Interestingly, in a \u2018Judicial Exchange\u2019<\/strong> concerning a non-criminal pending issue involving his client, a young courageous practicing \u2018Attorney Andrew Okolo\u2019<\/strong> was overheard being told by \u2018High Court Justice Iain Morley; \u2018You need to better inform yourself.\u2019<\/strong> While such may have been accepted as an exchange, it may still have been capable of being viewed as a \u2018Judicial Insult.\u2019<\/strong> Sharp-wittedly, the young attorney, undaunted and unfazed, without tempered, yet refined language, decorously shot back; \u2018\u2026Mi Lord, with utmost respect. the Defence hold a very different view to that of His Lordship\u2019s <\/strong>[March 2020].<\/p>\n

BATTERED AND BRUISED<\/strong><\/p>\n

There was no doubt that he was well learned in law. Not infrequently \u2018Battered\u2019<\/strong> by the \u2018Judiciary\u2019<\/strong> and sometimes \u2018Bruised\u2019<\/strong> by the \u2018Magistracy,\u2019<\/strong> Barrister Ralph Francis appeared as resolute as he had persevered. That which might best describe his judicial and magisterial troubles might be discerned from this quote by \u2018British Barrister Melford Stevenson.\u2019<\/strong> He wrote; \u2018\u2026The lessons which can be painlessly learned by anyone who reads \u2018Mr. Napley\u2019s Pages\u2019<\/strong> with attention were all too often rubbed in by sharp and ferocious rebukes administered in public by men who; (a) \u2018\u2026Overworked; (b) \u2026Underpaid; and (c) \u2026Sometimes embittered by the belief that their undoubted ability had not received the reward they hoped for in their chosen profession\u2019 [Technique of Persuasion:<\/strong> David Napley: 1971].<\/p>\n

PASSION FOR JUSTICE<\/strong><\/p>\n

In the case of \u2018Barrister Ralph A. Francis,\u2019<\/strong> without feelings or rancor or animosity, controversial; contentious and cantankerous,\u2019 <\/strong>where just ways members of the legal fraternity have described him. Yet, in his heart were; (i) \u2018\u2026Love of humanity;<\/strong> and (ii) \u2026A \u2018Passion for Justice.\u2019<\/strong> He resolutely guarded against improper police procedures and actions that speak to \u2018Abuse of Process.\u2019<\/strong> He also abhorred abuses that speaks to excessive use of force. Thus, in his criminal law practice, he was often keenly looking to see where enforcers of the law may have erred. Instructively, this was so whether or not an accused person had engaged his legal services or he had voluntarily provided pro bono services to the indigent undefended.<\/p>\n

BATTLE-READY BARRISTER<\/strong><\/p>\n

Should the arresting officer testified that the accused\u2019s response was recorded in his official Pocket Book,\u2019 for veracity, he would quickly make an application to the adjudicator to examine the recorded entry only. He would have been looking for; (i) \u2018\u2026Factuality; (ii) \u2026Truthfulness; and (ii) \u2026Consistency.\u2019<\/strong> The ever \u2018Battle-ready Barrister\u2019 <\/strong>was as fierce as he was forceful and fearless. He was resolute as he was adamant. In criminal defence of his clients, he kept his and their expectations high. Though not always convincing or persuasive, yet with an air of assertiveness, ever seeking to make cogency of his arguments, he was well prepared to do so authoritatively. These professional traits not only characterized his nature, but also his personality.<\/p>\n

VOICELESS MAJORITY v VOCALIZED MINORITY<\/strong><\/p>\n

He was not alone. While most practicing \u2018Attorneys or Barristers-at-law\u2019<\/strong> fearfully remained in a deep \u2018State of Passivity,\u2019<\/strong>\u2018Ralph Alexander Francis\u2019 boldly made his voice heard. Likened to his colleague, practicing attorney \u2018Charlesworth Tabor,<\/strong>\u2019 who appeared to have removed himself from the \u2018Voiceless Majority\u2019 <\/strong>and \u2018Unscrupulous Minority\u2019 <\/strong>to become the \u2018Vocalized Minority.\u2019<\/strong> The latter sought to bring the \u2018Drafter, CBH Board\u2019<\/strong> and citizenry\u2019 of flaws in the \u2018Penalty Section\u2019 <\/strong>of the Regulations. While they sought to sensitize the citizenry and brought awareness through \u2018Teaching,\u2019<\/strong> others that have often occupied the attention of clients for nefarious behavior, these in the latter category may have been considering which unsuspecting client shall become the next victim for \u2018Legalistic Fleecing.\u2019 <\/strong>These are the ones that often caused the good name of those with scruples to be tarnished or sullied.<\/p>\n

CONTENTIOUS PENALTIES<\/strong><\/p>\n

Both practicing attorneys, spoke passionately and fearlessly to issues of law. The latter, spoke to the \u2018Statutory Instrument-authorized \u2018Covid-related Measures.\u2019 <\/strong>The \u2018Regulations,\u2019 initially made contentions for reasons of the clearly \u2018Over-regulated Penalties\u2019 and imposition by the Magistracy\u2019 [Section 102; No. 16 of 2020: No. 27 of 2020 & N0. 10 0f 2021], <\/strong>for breaches not contained in the \u2018Principal Act\u2019 [Public Health Act: Chapter 353]. <\/strong>The prescriptive penalties have been made out of accord with provisions contained in \u2018Principal Parliamentary Enactments.\u2019<\/strong> Clear examples have been \u2018Sections 102 and 177\u2019<\/strong> [Public Health Act [Chapter 353]. These speak to the unlawful over-regulated penalties of \u2018EC$ 5, 000 or 6-months imprisonment,\u2019 <\/strong>not so authorized by the sole Legislative or law-making body- Parliament. Few self-convicted violators had the luxury of consuming a satisfying meal, let alone paying such a hefty fine.<\/p>\n

SHEER STUPIDITY<\/strong><\/p>\n

Except \u2018Sorrowful Subserviency or Sheer Stupidity,\u2019<\/strong> no Drafter that worth his position with the \u2018Ministry of Legal Affairs,\u2019<\/strong>could brazenly assert that it is otherwise stated in this or any other legislative enactment. For instance, in the former \u2018Section 102,\u2019<\/strong> it provides for a prescriptive penalty \u2018NOT\u2019 exceeding EC$3, 000.\u2019 <\/strong>This is specific to certain issues as they affect inter alia; (d) \u2018\u2026The speedy burial or cremation of the bodies of persons who died of a dangerous infectious disease; and (h) \u2018\u2026Prevention of the spread of dangerous infectious disease, as well as the territorial sea as on land.\u2019<\/strong> None of the Self-convicted persons, particularly those so penalized with fines and imprisonment not contained in the enactment. In the case of the latter \u2018Section 177,\u2019<\/strong> it provides only for a prescriptive penalty of \u2018EC$500\u2019<\/strong> for other breaches of Regulations made under the said Act [PHA].<\/p>\n

MOMENTS OF GLORY<\/strong><\/p>\n

Some battles were known to have brought \u2018Moments of Glory.\u2019<\/strong> Some had ended disappointingly, leaving the defeated in despair and painful agony. When a certain adjudicator for \u2018Magisterial District \u2018C\u2019 [Barbuda],<\/strong> held the view that suspecting Police officers could; (a)<\/strong> \u2018\u2026Chased his client onto private premises; (b)<\/strong> \u2026Client ingested that which he had been puffing on another premises; (c)<\/strong> \u2026Conducted an illegal search of his person; (d) \u2026Found no illegally-possessed substance;<\/strong> (e)<\/strong> \u2026Arrested and charged client for that which he had ingested and not retrieved; and then (vi)<\/strong> \u2026At trial convicted him for \u2018Possession of a Controlled Drug to with Cannabis,\u2019<\/strong> he appealed the \u2018Suspect Conviction.\u2019<\/strong><\/p>\n

JUDICIAL AUTHORITY<\/strong><\/p>\n

Though His Lordship wielded extraordinary \u2018Judicial Authority\u2019<\/strong> and very much aware of the concept \u2018Contempt of Court,\u2019 he prudently allowed his judicial senses to prevail. Even so, none shall brazenly pick fights with the Judiciary and expected to impeach their Judgements at the \u2018Eastern Caribbean Supreme Court (ECSC). Though he set not out to pick fights with the \u2018Magistracy,\u2019 Barrister Ralph Francis\u2019 had been forced to cause the impeachment of two notorious \u2018Magisterial Decisions\u2019 ever to have been handed down from two supposedly learned Magistrates.<\/p>\n

KANGAROO SITTINGS<\/strong><\/p>\n

Moreover, he was always ready to defend people who had not known \u2018Barrister Ralph Francis\u2019<\/strong> or had not even been previously instructed. Invariably he relies on \u2018Dock Briefs.\u2019<\/strong> With family lineage, ties and affinity for Barbuda, he attended regularly, \u2018Fixed Quarterly Sittings\u2019<\/strong> of the \u2018Magistrate\u2019s Court\u2019 of; (a) \u2018\u2026Summary; (b) \u2026Civil; and (c) \u2026Criminal Jurisdiction\u2019 [Barbuda].<\/strong>He stood firmly on the side of law and criminal procedure. When magisterial high-handedness seemed to have reduced proceedings to those likened to \u2018Kangaroo Sittings,\u2019<\/strong> he spoke. When the interest of justice dictated and so engaged, he litigated. Moreover, when gross infrastructural neglect, forced occupiers of the \u2018Magisterial Courts\u2019<\/strong> into sub-human conditions, he readily vocalized and registered his concerns. These were often affected by; (a) \u2018\u2026Dilapidation; (b) \u2026Deplorability; and (b) \u2026Uninhabitability.\u2019<\/strong><\/p>\n

CARDINAL MISTAKES<\/strong><\/p>\n

These were widely known, and continue to have forced the abandonment of Court sittings the original headquartered \u2018Magisterial Districts- \u2018A; B; and C].\u2019<\/strong> He stood firmly against having his legal matters transferred to \u2018Magisterial Districts\u2019 not allowed by law. Such stance had forced him into instituting litigious proceedings against then \u2018Chief Magistrate Ivan Walter\u2019<\/strong> [CASE: Trevor Watkins]. The \u2018Chief Magistrate\u2019<\/strong> appeared to have made two \u2018Cardinal Magisterial Mistakes.\u2019<\/strong> The adjudicator had failed to disabuse himself of an erroneously harbored belief that; (i) \u2018\u2026Inherent Magisterial Jurisdiction resided with him;<\/strong> and (ii)<\/strong> \u2026Gravely misdirected himself\u2019 in ordering the attendance of the defendant to attend trial outside his \u2018Magisterial District.\u2019<\/strong>Clearly not amused, the \u2018Eastern Caribbean Supreme Court (ECSC)\u2019<\/strong> impeached his knowledge of that contained in the \u2018Magistrates\u2019 Court of Procedure Act\u2019 [Chapter 255].<\/p>\n

MOTHER\u2019S INTERVENTION<\/strong><\/p>\n

When Police officers on Barbuda reportedly engaged in a forceful act of inducing retrieval of the<\/strong> \u2018ingested suspected substance,\u2019 a mother\u2019s natural instinct,\u2019 immediately prompted a timely intervention. This was purely intended to protect a son, as opposed to attempting to \u2018Defeat the ends of Justice.\u2019<\/strong> She too was arrested and charged with \u2018Obstructing Police in the Execution of Duty.\u2019<\/strong> Prosecuted and tried, she was convicted of the offence charged. Defence attorney Ralph Francis was adamant that the law enforcers had not only acted unlawfully, but also abusive to his clients. Even as no physical evidence was; (a)<\/strong> \u2018\u2026Adduced and tendered in evidence; (b)<\/strong> \u2026Admitted and marked for identification,\u2019 the presiding Magistrate accepted no such arguments and shared no such view.<\/p>\n

DISTRICT MAGISTRATE- IRIE<\/strong><\/p>\n

Aware that the adjudicator\u2019s reasoning power may have been impaired and judgement were suspect and the conviction was unsafe, there was recourse. The Magisterial decision had to be impeached before the \u2018Eastern Caribbean Supreme Court (ECSC). Arguing strenuously, persuasively and convincingly in the appellate proceedings, \u2018Justices of Appeal\u2019 (i) \u2018\u2026Sir Dennis Byron; (ii) \u2026Justice Satrohan Singh; and (iii) \u2026Justice Albert Matthew\u2019<\/strong> unanimously agreed that the Magistrate may have been\u2018Irie. \u2018<\/strong>Concluding that the adjudication was irrational and the conviction was unreasonable and unsafe, they quashed it\u2019 [Warren Deazle et al v Commissioner of Police: ECSC No. 8 of 1997: February 13, 1998<\/strong>].<\/p>\n

SEMINAL CASE<\/strong><\/p>\n

Then there was the \u2018Seminal Case,\u2019 <\/strong>the astute \u2018Barrister Ralph Francis\u2019 caused the \u2018Eastern Caribbean Supreme Court (ECSC) to be visited upon then \u2018Chief Magistrate Ivan Walter.\u2019<\/strong> He had Jurisdiction for Magisterial District \u2018A.\u2019 To all intents and purposes, showing gross disregard to the \u2018Magistrates\u2019 Code of Procedure Act,\u2019 <\/strong>he undertook jurisdiction for trial that resided only with the \u2018Magistrate assigned to that \u2018Magisterial District \u2018B.\u2019 The eminent \u2018Appellate Judges\u2019 took \u2018Judicial Notice\u2019<\/strong> of the only three Magisterial Districts; (i) \u2026District \u2018A;\u2019 (ii) District \u2018B\u2019 and (iii) \u2026District \u2018C.\u2019<\/strong><\/p>\n

PAWNING LIBERTY<\/strong><\/p>\n

The Defendant had appeared to have \u2018Pawned his Liberty\u2019<\/strong> and made a \u2018Cardinal Mistake\u2019 by allowing himself to be transformed into a \u2018Mule to a Convicted Person.\u2019<\/strong> Knowingly and voluntarily, he submitted himself to be laden with certain substances prohibited by law. He was reportedly intercepted on a \u2018pre-determined destination\u2019 from the community of \u2018Pares Village.\u2019<\/strong> This was, undoubtedly, within \u2018Magisterial District \u2018B,\u2019<\/strong> in the \u2018Parish of St. Peter.\u2019 <\/strong>Seemingly \u2018overloaded with arrogance,\u2019<\/strong> and exercising authority not then resided with \u2018Chief Magistrate Ivan Walter, not assigned to Magisterial District \u2018B.\u2019 The statutory \u2018Magisterial Districts\u2019 were; (i) \u2018\u2026\u2019A-\u2019 ST. John\u2019s; (ii) \u2026\u2019B\u2019-Rural communities; and \u2026 \u2018C-\u2019 Barbuda.<\/strong>\u2019<\/p>\n

THE OUTLAW<\/strong><\/p>\n

It was clear that the Appellate Justices may have regarded the \u2018Chief Magistrate Ivan Walter\u2019<\/strong> as a \u2018Magisterial Outlaw.\u2019 <\/strong>That may also have been the view of \u2018Defence Attorney, Ralph Francis.\u2019 <\/strong>Before judicially addressing the substantive issue \u2018Want of Jurisdiction,\u2019<\/strong> Sir Dennis Byron observed with this dictum; \u2018\u2026When the Appeal came on for hearing, the Record was amended by consent to show that the Appellant had contended \u2018In Limine\u2019 <\/strong>before the Chief Magistrate that there was no jurisdiction in District \u2018A\u2019 to hear the information laid against him, since the alleged offences were committed in \u2018Magisterial District \u2018B.\u2019<\/strong>Exhibiting further \u2018Gross Magisterial Behavior,\u2019 <\/strong>the three \u2018Appellate Justices\u2019 observed that the Magistrate ruled that; \u2018\u2026It was in his competence as \u2018Chief Magistrate\u2019 to try any matter regardless of its place of origin.\u2019<\/p>\n

COLLECTIVELY AND UNANIMOUSLY<\/strong><\/p>\n

Concurring with Sir Dennis Byron\u2019s conclusion, \u2018Collectively and Unanimously,\u2019 <\/strong>Their Lordships\u2019 Ruling as expressed on their behalf, he wrote; \u2018\u2026I would therefore rule that the learned Chief Magistrate was not entitled to hear this matter in \u2018Magisterial District \u2018A.\u2019<\/strong> It is required to be heard in \u2018Magisterial District \u2018B\u2019 by a Magistrate entitled to exercise jurisdiction in the District. The effect of this must be that the Appellant has not been validly tried.\u2019 In the circumstances, I order that the convictions and sentences be set aside and the proceedings against the Appellant be heard in Magisterial District \u2018B\u2019 [Magisterial Criminal Appeal: No. 8 of 1995].<\/strong> Given this ruling, it may appear improper for a \u2018Magisterial District \u2018A Court Orderly to open a single Court and informing persons that three Jurisdictional Courts; (i) \u2026District \u2018A;\u2019 (ii) \u2026District \u2018B;\u2019 and (iii) \u2026District C\u2019 <\/strong>are now sitting.\u2019<\/p>\n

TOTAL DISSATISFACTION <\/strong><\/p>\n

Though he may have seen these developments as creating extreme hardship and unbearable miseries, the practicing \u2018Barrister Ralph Alexander Francis\u2019<\/strong> had blown the trumpet and horns, in telegraphing the dissatisfaction of all persons, and those of the Magistracy. This was particularly so, as the difficulties caused by the dislocation of the \u2018Magisterial Courts,\u2019 has brought to bear upon persons with business at the Courts, financial difficulties and unbearable hardship. Compounding these, has been the deadly \u2018Coronavirus\u2019 that has reportedly impacted both the \u2018magistracy and Judiciary. In consequence of the dislocation and distance, many people never heard a Court\u2019s Orderly saying; \u2018\u2026Oyez! Oyez! All persons having business at this the Magistrate\u2019s Court of Summary, Civil and Criminal Jurisdiction, draw near and give your attendance to the Court. God Save The Queen.\u2019 <\/strong>Many also never heard their names being called, let alone answering to signify their presence and attendance<\/p>\n

POLICE\/MAGISTRATE\u2019S COURTS<\/strong><\/p>\n

Not infrequently, the simple Complaint to answer was \u2018an Indecent Language or Disorderly Conduct,\u2019 charge. Today, the situation has shown no improvement. In support of such assertion. It could be seen that where the \u2018Police and Magistrate Courts\u2019<\/strong> were held under one roof, they are scattered across the island to the inconvenience and hardship to defendants, litigants, accused and attorneys. For instance, the \u2018Magisterial District Courts\u2019<\/strong> then headquartered at; (i) \u2018\u2026 All Saints; (ii) \u2026Bolans; and (iii) \u2026Parham,\u2019<\/strong> have now, with great financial difficulties have been located at the \u2018Transport Board\u2019<\/strong> off the Herbert\u2019s main road. Moreover, the \u2018St. John\u2019s Magistrates\u2019 Courts\u2019 are now contentiously housed in a \u2018Community Complex,\u2019 <\/strong>on the periphery of the \u2018City of St. Johns-Grays Farm.\u2019<\/strong><\/p>\n

EGOISM AND DECEIT<\/strong><\/p>\n

Their \u2018Lordships\u2019<\/strong> have never used the above captioned words to describe the behavior of the then \u2018Chief Magistrate.\u2019<\/strong> Neither have they ever suggested that these words shall be used in any \u2018Tribute<\/strong>,\u2019 neither for deceased \u2018Pro Bono Barrister Ralph Alexander Francis,\u2019<\/strong> nor practicing attorney \u2018Charlesworth Tabor,\u2019<\/strong> or his learned colleague \u2018Steadroy \u2018Cutie\u2019 Benjamin.\u2019<\/strong> Lest they began to wonder, there shall be no reference to other legal practitioners not yet queued to be inoculated with the \u2018AstraZeneca Vaccine\u2019<\/strong> or to be \u2018Called Up Yonder.\u2019 <\/strong>Though they lack judicial power, \u2018Sir Dennis Byron\u2019<\/strong> may still be desirous to be called for a \u2018Vaccine\u2019<\/strong> before the final \u2018Call to Go Under or Up Yonder.\u2019<\/strong> Whichever way, he may not only hear names being called, but also \u2018Will be there\u2019 <\/strong>along with fellow-colleague, \u2018Justice of Appeal, Albert Redhead\u2019 (deceased) [March 4, 2019].<\/strong> Consequent upon such call, it behooves every practicing \u2018Attorney\/Barrister\u2019 to do right unto themselves, humanity and to justice, before the \u2018Roll is called Up to Go Under.\u2019 <\/strong><\/p>\n

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

In the 21st<\/sup> Century, it appears as showing callous disregard to the financially depressed and the; (a).<\/strong> Hardship; and (b)<\/strong> \u2026Inconvenience dislocation of the \u2018Magistrates Courts\u2019 have caused to all concerned with having business to do at the original \u2018Magisterial District B\u2019 Venues.\u2019<\/strong> Barrister-at-law Ralph Francis<\/strong> fought single-handedly and assiduously\u2019 in attempting to bring respite to those so adversely affected. This included;(i) \u2018\u2026Magistrates and their Staff; (ii) \u2026Defendants,<\/strong> particularly the \u2018Bolans New Church of God Pastor Uriah Taylor where \u2018Satan <\/strong>had snatched him from the \u2018Lord\u2019s Temple\u2019 [March 29, 2020]. If this is not to be considered scandalous and humiliating, then just what is? and (iii)<\/strong> \u2026Accused persons; (iv)<\/strong> \u2026Witnesses; (v)<\/strong> \u2026Attorneys; and (vi)<\/strong> \u2026Litigants in summary Civil proceedings.\u2019 All having to journey from communities afar such as from; (a) \u2018\u2026Old Road; (b) \u2026Bolans; (c) \u2026Freetown; and (d) \u2026Parham\u2019 <\/strong>to the headquartered \u2018Antigua and Barbuda Transport Board Complex\u2019 <\/strong>at Herbert\u2019s. Pundits believe that these situations cannot now be blamed upon the almost year-long ravishing pandemic. These not only reflect the daily plight of the \u2018financially-depressed and down-trodden people,\u2019 but also among the harshest of realities of life in a society, with wealth disparity so gross, as to be seen as deadly to those living at the \u2018Edge of Poverty.\u2019<\/strong> ***<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

by\u00a0Rawlston Pompey As the world turns, humans sometimes toy around with life. Not infrequently as a game of chance. Even so, there are those that live life with purposes more fundamental and meaningful. However, to the individual, as it was in the \u2018Beginning,\u2019 so will it be in the \u2018End.\u2019 Invariably, some shocking event occurred. […]<\/p>\n","protected":false},"author":3,"featured_media":124755,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-124930","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nFrom The Madden Courts - Into The Rolling Clouds - 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\/from-the-madden-courts-into-the-rolling-clouds\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"From The Madden Courts - Into The Rolling Clouds\" \/>\n<meta property=\"og:description\" content=\"by\u00a0Rawlston Pompey As the world turns, humans sometimes toy around with life. 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Not infrequently as a game of chance. Even so, there are those that live life with purposes more fundamental and meaningful. However, to the individual, as it was in the \u2018Beginning,\u2019 so will it be in the \u2018End.\u2019 Invariably, some shocking event occurred. 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