{"id":145692,"date":"2022-01-31T07:35:14","date_gmt":"2022-01-31T11:35:14","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=145692"},"modified":"2022-01-31T07:35:14","modified_gmt":"2022-01-31T11:35:14","slug":"anderson-carty-bench-warrant-fiasco","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/anderson-carty-bench-warrant-fiasco\/","title":{"rendered":"Anderson Carty- Bench Warrant Fiasco"},"content":{"rendered":"
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\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0by\u00a0 RAWLSTON POMPEY<\/strong><\/p>

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Frequently, in life\u2019s unending struggles, it has been the experience that out of expediency, has come \u2018Positional Opportunities.\u2019<\/strong> No matter the profession, occupation or discipline, people so opportune by such expediency, were known to have caused adversities to be visited upon those faced with a predicament. They were often seen as heartless, insensitive and uncompassionate. For others, their hearts could be saturated with frustration, and lives overflowed with misery. Even so, there shall come a time when man\u2019s destiny shall come upon him, thereby bringing him to the realization that there are such words as \u2018Reason and Conscience.\u2019<\/strong><\/p>\n

PERSPECTIVE<\/strong><\/p>

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This featured and in dept commentary, is prosecutorally and professionally-based. Thus, it provides a \u2018Professional Perspective\u2019 <\/strong>pertinent to a particular incident. It speaks to practical experience and knowledge of \u2018Court Procedures.\u2019 <\/strong>It seeks only to lend an understanding to the average minds and attempts to dispel possible harbored notions that the Courts are a nightmare. It focuses on: (a) \u2018\u2026Bench Warrants: (b)<\/strong> \u2026When it might reasonably and justifiably be issued: and (d)<\/strong> \u2026Procedures to be followed by Law enforcement personnel. It also looks at the pertinent statutory provisions as contained in the \u2018Magistrate\u2019s Code of Procedure Act (MCPA)<\/strong> [Chapter 255].<\/p>

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COMPENSATORY CONSEQUENCES<\/strong><\/p>\n

Learning of the developments in the \u2018Bench Warrant Fiasco\u2019<\/strong> is one thing. Seeing documented contents of a \u2018Warrant When Summons Is Disobeyed,\u2019<\/strong> circumstances under which it may have been issued and the end result after execution, could best be described as; (a)<\/strong> \u2018\u2026Over exuberance; (b) \u2026A cardinal error of judgment: yet (c)<\/strong> \u2026An unforgiveable act of attrition, inferentially influence by docility emanating from the environment; (e)<\/strong> \u2026Professional and procedural ignorance, makes it an inexcusable exhibition of incompetence with the potential for regrettable \u2018Compensatory Consequences\u2019 <\/strong>to an innocent citizenry for apparent injudicious actions.<\/p>

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MAGISTERIALLY FRIGHTENING<\/strong><\/p>\n

The issuance of \u2018Bench Warrants\u2019<\/strong> was never dependent upon the complaint of a Litigant\/Plaintiff.\u2019 For this commentary, that which appeared \u2018Magisterially Frightening,\u2019 h<\/strong>as been the part of the information that states; \u2018Complaint was made on the 25th August, 2021 by Althea James, attorney for Sylvia Francis <\/strong>that \u2018Anderson Carty herein called the Defendant failed to attend the St. John\u2019s Magistrate\u2019s Court\u2019 <\/strong>after being on notice of the Court date.\u2019 What was professionally known and the magisterial practice then obtained, was that it has always been the adjudicators function to make \u2018Fixtures\u2019<\/strong> for either; (a) \u2018\u2026Civil hearings: (b) …Summary criminal trials: or (c) \u2026Criminal (Committal Proceedings). <\/strong><\/p>

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MEANS TEST- CIVIL DECISIONS<\/strong><\/p>

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Since Courts are not usually seen as harshly distressing in \u2018Civil Decisions,\u2019<\/strong> exceptional circumstances often persuaded adjudicators to temper their decisions with compassion. A universally well-established adjudicating practice, has been to avail oneself of the consideration of a \u2018Means Test.\u2019<\/strong> This however, was often dependent upon a number of critical factors, including a Litigants ability to pay. While a discretion power resides with adjudicators, displaying demeanor or attitude capable of being interpreted as contemptuous, in mixed-up mood a debtor may see an adjudicator dropping the \u2018Gavel\u2019<\/strong> with telling effect. This appeared to have been the experience of \u2018Litigant\/Defendant Anderson Carty\u2019 [January 17, 2022].<\/strong><\/p>\n

THE JAIL ACT<\/strong><\/p>\n

When litigious proceedings were completed against him, craving the Court\u2019s indulgence in considering a \u2018Means Test,\u2019<\/strong> \u2018His Worship Craig Christopher,<\/strong>\u2019 instead read him \u2018The Jail Act.\u2019<\/strong> In earnest persuasion, he reportedly craved the indulgence of the Court for consideration of a \u2018Means Test.\u2019<\/strong> Seemingly not even for fear of \u2018Covid-19\u2019<\/strong> had \u2018His Worship<\/strong>\u2019 budged. When advanced arguments were over, the Defendant\u2019 was said to have found himself closer to \u2018Prison than Heaven.\u2019<\/strong> Given his clearly \u2018Unlawful Detention,\u2019<\/strong> there may been no lawful or justifiable reason by the arresting Court Bailiff and Police officer\u2019 regarding his accommodation in the \u2018Criminal Suspects Detention Cell\u2019<\/strong> [January 17, 2022].<\/p>\n

REPENTERS AND CHAPLIN<\/strong><\/p>\n

That which disconcertingly dangles, has been a \u2018Court Order\u2019<\/strong> for the settlement of some \u2018EC$24, 200,\u2019<\/strong> with a \u2018default institutionalized residency of 14-days,\u2019<\/strong> somewhere in the vicinity of; (i) \u2018\u2026A Fire Station; (ii). \u2026Printery: (iii) \u2026School; and (iv) \u2026A Bank.\u2019<\/strong> This shall be settled on or before \u2018February 28, 2022.\u2019<\/strong> Among the religious institutions that was not in immediate view was the historic \u2018St. John\u2019s Anglican Cathedral.\u2019 <\/strong>The closest bodies to him will have been the \u2018Jailhouse Repenters,\u2019<\/strong> while the closest religious person he may have seen is assigned \u2018Prison Chaplin Canon Richardson.\u2019<\/strong><\/p>\n

LITIGIOUSLY PROBLEMATIC<\/strong><\/p>\n

Regionally, Law enforcement personnel were often seen as \u2018Mules.\u2019<\/strong> Seemingly when servicing \u2018Magistrates Courts,\u2019<\/strong> some officers appeared to have harbored belief that powers reside with \u2018Magistrates\u2019<\/strong> in directing them to function as \u2018Court Bailiffs.\u2019<\/strong> When such happens, such may seem as being tantamount to a reckless exercise of \u2018Magisterial Power.\u2019<\/strong> This may very well have been the case when offending \u2018Litigant\/Defendant Anderson Carty\u2019 <\/strong>was reportedly evicted and snatched from his the previously occupied residence. He was then either ordered, instructed or directed to be held in a \u2018Police Detention Cell\u2019<\/strong> [ANR: January 17, 2022]. In an era of constitutional enlightenment, \u2018non-Service\u2019 <\/strong>could prove \u2018Litigiously Problematic.\u2019<\/strong><\/p>\n

SERVICE OF PROCESS<\/strong><\/p>\n

It requires no superior intellect in understanding certain Court procedures or formalities, be it \u2018Civil and Criminal Jurisdictions.\u2019<\/strong> Those that have responsibility for serving these Courts, know that in \u2018Proving Service of Process,\u2019 <\/strong>this necessarily means a call to the \u2018Witness Stand.\u2019<\/strong> This requires subscription to \u2018an Oath or Affirmation\u2019 <\/strong>as to the \u2018Mode or Notification.\u2019 <\/strong>Clerks to these Courts shall then hand to \u2018Servers-Police\/Bailiffs\u2019<\/strong> the \u2018Endorsed Return Summons.\u2019<\/strong> He shall scrutinize it for; (a)<\/strong> \u2018\u2026Date: (b) \u2026Time: (c) \u2026Place: and (d) \u2026Signature.\u2019<\/strong> Even so, \u2018Magistrates,\u2019<\/strong> mindful of the personal liberty of a \u2018Defendant,\u2019<\/strong> may refuse the application and there, ordered the issuance of a \u2018Defendant Summons,\u2019<\/strong> and give a \u2018New Fixture\u2019<\/strong> for hearing trial date.<\/p>\n

POLICE OFFICERS \u2013 COURT BAILIFFS<\/strong><\/p>\n

From procedural ignorance and inexcusable stupidity, a space in a \u2018Police Detention Cell.\u2019 <\/strong>This may have been the experience of many considered to have absconded the Court\u2019s jurisdiction. That which shall be known, is that \u2018Police officers\u2019<\/strong> are not trained or employed as \u2018Court Bailiffs.\u2019<\/strong> Conversely, \u2018Court Bailiffs\u2019<\/strong> are not \u2018Police officers\u2019 and do not enforce \u2018Criminal Law. <\/strong>While Court-issued authority allows for arrest and immediate conveyance to Magistrates, no power resides with Bailiffs to detain and hold in any \u2018Police Detention\u2019 <\/strong>facility, \u2018absconders, disobedient defendants and defaulting litigants\u2019 <\/strong>with obligations to be compliant with stipulated Orders of the Court.\u2019<\/p>\n

SECURITY- BREACHES OF PEACE <\/strong><\/p>\n

Except in providing \u2018Security Assistance to Bailiffs\u2019 <\/strong>in performing duties away from the precinct of Courts, Police officers, irrespective of rank, have no jurisdiction in \u2018Civil Matters.\u2019 <\/strong>Their presence is primarily to \u2018Prevent Breaches of Peace.\u2019 <\/strong>Among the \u2018Bailiff\u2019s duties are service of; (i) \u2018\u2026Summons: (ii) \u2026Notices: (iii) \u2026Other documents; (iv) … Enforcing Eviction and executing related Orders.\u2019 <\/strong>Most enlightening, however, is \u2018Arrest under Order of Committal Summons.<\/strong>\u2019 Bailiffs shall exercise the \u2018Court\u2019s Authority\u2019<\/strong> by \u2018TAKING\u2019<\/strong> persons arrested to prison\u2019 [Magistrates Code of Procedure Act: Chapter 255: Amendment Act: No. 2 of 2014].<\/strong><\/p>\n

DISSENT AND DISGUST<\/strong><\/p>\n

None may deny that the \u2018Judiciary and Magistracy\u2019 <\/strong>are essential institutions for those that have been aggrieved to seek redress. None shall deny that justice shall be manifestly seen to be done. While the judicial institution might be looked at in such light, even with its availability, ready accessibility has financially made it inaccessible. Before some judicial officers, the indigent unrepresented litigants- \u2018Plaintiffs or Defendants\u2019<\/strong> have, for want of \u2018Legal Fees,\u2019 were often seen as experiencing horrors. Very little the \u2018Chief Justice\u2019<\/strong> will have known of their plight. There are those that \u2018Judicial Officers\u2019<\/strong> have caused litigants, defendants, accused persons and displeased attorneys to quietly express \u2018Dissent and Disgust.\u2019<\/strong><\/p>\n

CHERISHED RIGHT<\/strong><\/p>\n

Then in the wider society, law-abiding members have regarded a small minority of \u2018Judicial officers\u2019<\/strong> as exhibiting behavior of Courts euphemistically being presided over by \u2018Kangaroos.\u2019 <\/strong>That which shall be remembered by \u2018Administrators of Justice,\u2019<\/strong> is that in a democracy, it has always been the \u2018Cherished Right\u2019<\/strong> of aggrieved persons and generally, the law-abiding people of society to cause the \u2018Judiciary or the Magistracy\u2019<\/strong> to be visited upon those that have committed both civil wrongs against them. Adjudicators<\/strong> need gently, brazenly or ineptly, need no reminder that there is such a legal concept<\/strong> called \u2018The Principle of Natural Justice.\u2019 <\/strong><\/p>\n

CIVIL COURT RECORDS<\/strong><\/p>\n

Speaking to such principle, it prompts attention to the case of \u2018Litigant\/Defendant Anderson Carty.\u2019 <\/strong>He seemingly came up on an adjudicator who clearly was not a \u2018Mongoose nor a Kangaroo.\u2019 <\/strong>Though seemingly of his own making, given his ordeal, if nothing else, well kept \u2018Civil Court Records\u2019<\/strong> shall not \u2018Fail\u2019<\/strong> to identify the \u2018Deponent\u2019 who appeared before \u2018Civil Court Magistrate, His Worship Craig Christopher\u2019 <\/strong>and purportedly sworn to information that \u2018Litigant\/Defendant Anderson Carty\u2019<\/strong> had \u2018Failed to attend the Civil Court.\u2019 <\/strong>It shall also not show the issuing Magistrate of a Summons for his initial appearance. Moreover, it shall not \u2018Fail\u2019<\/strong> to show that a \u2018Warrant When Summons Was Disobeyed<\/strong>\u2019 was issued for his arrest.<\/p>\n

BAIL REVOCATION<\/strong><\/p>\n

It is called a \u2018Bench Warrant,\u2019<\/strong> since it is issued by a \u2018Judge or Magistrate,\u2019<\/strong> while he\/she is sitting on the \u2018Bench\u2019<\/strong> in a Court Room. Such \u2018Warrant\u2019<\/strong> was often issued when Defendants violated Court Rules. More particularly, such might be issued when \u2018Bail Conditions\u2019<\/strong> had been breached. This often involved; (a) \u2018\u2026Failing to report to Police Station: (b) \u2026Interference with Witnesses;<\/strong> or (c)<\/strong> \u2026When Defendants failed to answer to their names or attend on a \u2018Court-Fixed Date.\u2019<\/strong> Absconders or breachers of any \u2018Bail Conditions,\u2019<\/strong> risk \u2018Revocation of Bail.\u2019<\/strong> The case of previously convict\/fraudster, \u2018Janice Samuel\u2019 <\/strong>makes the point\u2019 [ANR: August 28, 2021]. <\/strong><\/p>\n

SERVICE OR NOTIFICATION<\/strong><\/p>\n

Among her Court running were; (a) \u2018\u2026Failing to report to Police Station; and (b) \u2026Failing to attend Fixtures of the Court.\u2019 <\/strong>This was usually preceded with the \u2018Peace Officer-Police\/Bailiff\u2019<\/strong> being called to the \u2018Witness Stand\u2019 <\/strong>to attest to \u2018Service or Notification.\u2019<\/strong> Authoritatively, such \u2018Warrant\u2019 <\/strong>when circumstances so dictate and justifiably issued, unmistakably states; \u2018\u2026And on Oath has been made that the Defendant was duly served with the Summons, but did not appear, and that such Complaint is true.\u2019<\/strong> This appears to have provided the basis for the issuance. From professional knowledge, practice and experience, it was on this information an adjudicator would have issued such Warrant.<\/p>\n

EXPECTING THE EXPECTED<\/strong><\/p>\n

Way back into the \u2018Cosbert Cumberbatch Era,\u2019 that which was well known is that, it was always within magisterial knowledge when a \u2018Litigant\/Defendant,\u2019 <\/strong>in \u2018Civil Proceedings,\u2019<\/strong> might be considered \u2018an Absconder.\u2019 <\/strong>In matters of criminality, \u2018Police Court Prosecutors\u2019<\/strong> may apply to the adjudicating Magistrate for the issuance of a \u2018Warrant by the Bench.\u2019<\/strong> Even so, adjudicators not so minded, may refuse an application and instead give \u2018New Fixtures\u2019<\/strong> for appearance. When so inclined, absconders under the jurisdiction of the Court, could \u2018Expect the Expected.<\/strong> Such Warrant will have been issued and \u2018Absconders\u2019<\/strong> dealt with, as the Court deems necessary to ensure appearance.<\/p>\n

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

Those that sit on \u2018Park Benches,\u2019 <\/strong>watching in amazement, yet with deep fascination, tiny birds that flew by. Then some seem perplexingly perched on tree branches chirping or singing \u2018Tweet, Tweet.\u2019 <\/strong>These, obviously, are not the \u2018Three Little Birds\u2019<\/strong> legendary \u2018Jamaican Reggae icon, Robert Nestor \u2018Bob\u2019 Marley\u2019<\/strong> saw sitting on his door steps\u2019 [YouTube]. These are neither musicians nor song writers, thus, knows no melody or music. Even for these \u2018Park Bench Sitters,\u2019<\/strong> there comes a time when they shall face another set of people that sit on \u2018Benches in the Judiciary or Magistracy.\u2019<\/strong> Their singing is all about arrest and possible subjection to sanctions of the Court and with recklessness abandon, \u2018Unlawful Detention\u2019<\/strong> in a Police Detention Cell\u2019 [Anderson Carty: Real News: January 17, 2022]. <\/strong><\/p>\n

RUDE AWAKENING<\/strong><\/p>\n

In the \u2018Anderson Carty Bench Warrant Fiasco,\u2019<\/strong> given variance with the \u2018Date of Complaint\u2019<\/strong> [August 25, 2021]<\/strong> and the \u2018Date of Issuance\u2019 of \u2018Warrant When Summons Is Disobeyed\u2019<\/strong> [January 17, 2022],<\/strong> an issuing Magistrate may very well find \u2018Rude Awakening,\u2019<\/strong> respecting subsequent developments. The \u2018Authoritative Words\u2019 <\/strong>as contained thereon have been \u2018\u2026You are, therefore, hereby commanded to bring the Defendant before this Court sitting at St. John\u2019s forthwith to answer to the said Complaint\u2019 <\/strong>[WWSD: January 17, 2022].<\/p>\n

INDIGNITIES OF DETENTION<\/strong><\/p>\n

This authoritatively commanded the appointed and assigned \u2018Court Bailiff\u2019 <\/strong>to arrest and convey him back to the issuing \u2018Magistrate sitting on the Bench\u2019<\/strong> with endorsed copy of execution. Instead, the Defendant was avoidably subjected to the \u2018Indignities of Detention.\u2019<\/strong> Accepting that the \u2018Court-assigned Bailiff\u2019<\/strong> had executed the \u2018Warrant,\u2019 in the absence of \u2018Reasonable Suspicion\u2019 of the commission of a crime, he had been inexplicably, if not unlawfully held in a \u2018Criminal Detention Cell.\u2019<\/strong> \u00a0The \u2018Court\u2019s Bailiff\u2019<\/strong> had seemingly abdicated his assigned duty<\/strong> and foisted the \u2018Litigant\/Defendant\u2019 upon an officer, clearly starved of procedural knowledge.<\/p>\n

PERVERSE DECISIONS<\/strong><\/p>\n

Not infrequently, \u2018Perceive Perverse Court Decisions\u2019 <\/strong>often have the effect of inviting lawlessness among the citizenry. In an address to open the \u2018Law Year-<\/strong> 2012-2013], Chief Justice, Dame Janice Pereira delivered <\/strong>a most profound address to \u2018Judicial officers.\u2019<\/strong> In her advocacy, she spoke to a \u2018System of Justice\u2019<\/strong> that is \u2018Free and Fair.\u2019 <\/strong>It might also be added, \u2018Free from fear and indignation.\u2019 <\/strong>These are among that which help to engender feelings of decisional acceptance by all parties; \u2018Plaintiffs and Defendants and Appellants and Respondents.\u2019<\/strong><\/p>\n

RULE OF LAW – BASTION OF HOPE<\/strong><\/p>\n

She posited that; \u2018A free society exists only when governed by the \u2018Rule of Law,\u2019 <\/strong>while \u2018Judicial efficiency and integrity are essential elements to such rule\u2019 [Law Year: 2012-2013]. <\/strong>Mindful of the way how \u2018Justice\u2019 may not have been administrated or dispensed, she spoke fervently to her vision in seeing the \u2018OECS Courts\u2019<\/strong> as the \u2018Bastion of Hope.\u2019<\/strong> Then with optimism and confidence,<\/strong> she spoke of an envisioned judicial system that \u2018eschews inequity and embraces equal access and treatment to all.\u2019 <\/strong>This appears consistent with the \u2018Universal Declaration of Human Rights\u2019 [1948]. <\/strong><\/p>\n

COURT FIXTURES<\/strong><\/p>\n

Not infrequently, \u2018Court Bailiffs and Orderlies\u2019<\/strong> appear to be confused over the duty of Magistrates in giving \u2018Court Fixtures\u2019<\/strong> for hearing (Civil Jurisdiction)<\/strong> and trial (Criminal Jurisdiction).<\/strong> That has been an established function of \u2018Sitting Magistrates.\u2019<\/strong> Even as some people attempted to befuddle their brain, and that of others with the issuance of \u2018Bench Warrants,\u2019<\/strong> these mostly relate to persons awaiting \u2018Criminal Trials,\u2019<\/strong> and have \u2018Absconded the Court\u2019s Jurisdiction.\u2019<\/strong> In \u2018Civil Proceedings,\u2019 <\/strong>it has never been treated in the same manner.<\/p>\n

DIARY-RECORDED FIXTURES<\/strong><\/p>\n

That which was professionally known is that whenever a \u2018Litigant or Criminal Defendants,\u2019<\/strong> made first appearances, the duty of the Court is to give \u2018Fixtures\u2019<\/strong> for the next appearance. Even with \u2018Diary-Recorded Fixtures,\u2019<\/strong> none, including adjudicators and attorneys may deny that lengthy delays had often resulted in lapses in memory. Conversely, it has also been the clerical duty \u2018Clerks to Magistrates\u2019<\/strong> for \u2018Civil Hearings,\u2019<\/strong> to prepare the \u2018List of Civil Cases\u2019<\/strong> and give to \u2018Court or Summons Orderlies\u2019<\/strong> to notify litigants or defendants of such \u2018Court Fixtures\u2019 <\/strong>and such \u2018Civil Hearings.\u2019<\/strong> Only competency and efficiency and effective \u2018Staff Management\u2019<\/strong> may lessen the issuance of \u2018Bench Warrants.\u2019<\/strong><\/p>\n

SCHEDULE FEES<\/strong><\/p>\n

If it was not so, then the statutory provision of \u2018Schedule Fees\u2019 <\/strong>as contained in the \u2018Magistrate\u2019s Code of Procedure Act\u2019 [Chapter 255],<\/strong> may never have stipulated a particular function of \u2018Court-appointed Bailiffs.\u2019 They shall serve litigants, then take the \u2018Witness Stand\u2019 to be deponed as to the \u2018Mode of Service.\u2019 Embarrassingly, statutorily stipulate \u2018Service Fees\u2019 do not exceed \u2018EC$ 50.00\u2019 [MCPAA: No. 2 of 2014].<\/strong><\/p>\n

MCPA AMENDMENTS<\/strong><\/p>\n

Courts, therefore shall be mindful of the way they deal with \u2018Litigating Parties.\u2019 <\/strong>In researching for this commentary, the following was revealed the enactment of the \u2018Magistrate\u2019s Code of Procedure Act\u2019 [1869[.<\/strong> It had seen numerous Amendments with Statutory Instruments made up to 1989.\u2019<\/strong> Then the Act\u2019 was eventually revised [RE: 1992].<\/strong> These were followed by more recent \u2018Sectionalized Amendments.\u2019<\/strong> Most notably have been the \u2018MCP (Amendments) Act [No. 2 of 2014: and No. 26 of 2020].<\/strong> The latter saw the Magisterial jurisdiction in \u2018Civil Proceedings\u2019<\/strong> with \u2018Judgment Sums Increased\u2019 <\/strong>from \u2018EC$15, 000 to EC$ 25, 000.\u2019 <\/strong>To those without a sense of value and purpose, this<\/p>\n

ADMINISTRATORS OF JUSTICE<\/strong><\/p>\n

Incidentally, their function is the issuance of \u2018Bench Warrants\u2019<\/strong> for the arrest and detention of those consider absconders. Even with the deadly \u2018Coronavirus-19,\u2019<\/strong> litigants appear more fearful of some, than infectious virus. They shall all know that even as they so sit on Benches, and make litigants cry, there comes a time when destiny shall come upon them. They shall know that as \u2018Administrators of Justice,\u2019<\/strong> theirs have been the \u2018Judicial Functions\u2019 of; (a)<\/strong> \u2018\u2026Hearing and determine cases, each on its merit: (b)<\/strong> \u2026Listen keenly to, and objectively summarize the totality of evidence adduced by all parties; (c)<\/strong> \u2026Give proper directions to themselves; and (d)<\/strong> \u2026Make informed, rational judicial decisions that shall stand the scrutiny of \u2018Interpretative<\/strong> Courts\u2019 <\/strong>far superior to theirs. Among the lot, however, are those with \u2018Reason and Conscience.\u2019<\/strong><\/p>\n

LITIGIOUSLY PROBLEMATIC<\/strong><\/p>\n

A \u2018Bench Warrant\u2019<\/strong> is not just a document, but a \u2018Judicial Document.\u2019 <\/strong>A person so arrested on such \u2018Warrant\u2019<\/strong> shall be given the original copy. This is consistent with the constitutional provisions that states; \u2018\u2026Any person who is arrested or detained shall be informed orally and in writing in language that he understands of the reason for his arrest or detention\u2019 [CO: 1981: Section 5 (2)]. <\/strong>The duplicate copy of such \u2018Warrant\u2019<\/strong> is returnable endorsed by the arresting \u2018Peace officer- Police or Bailiff,\u2019<\/strong> to the Clerk to issuing Court. The subsequent actions of both an apparent misdirected or misguided \u2018Court Bailiff and Police Officer,\u2019<\/strong> call into question an inferential possible behind the scene innocence or professional ignorance.<\/p>\n

PEACE OFFICERS- EMPOWERMENT<\/strong><\/p>\n

It is instructive to note that recent sectionalized amendments define \u2018Peace Officers\u2019<\/strong> as; (i) \u2018\u2026Police officers: (ii) \u2026Bailiff: and (iii) \u2026Process servers employed by an attorney-at-law\u2019 [MCP (Amendment) Act: Section 3: No. 2 of 2014]. <\/strong>Consistent with, and guided by statutory powers residing with \u2018Magistrates,\u2019 legitimately or illegitimately issued \u2018Bench Warrants <\/strong>empower \u2018ALL Peace officers\u2019<\/strong> to arrest persons named therein. The conditionality is a \u2018Magisterial Command\u2019 that the arrested be forthwith conveyed to, and brought before \u2018Sitting Magistrates.\u2019 \u00a0<\/strong>This has been the experience of \u2018Litigant\/Defendant Anderson Carty.\u2019 <\/strong><\/p>\n

ARBITRARY ARREST AND DETENTION<\/strong><\/p>\n

Not only that these \u2018Amendments\u2019<\/strong> may have been overlooked or had escaped the minds of many offending litigants. This may have been experience of \u2018Litigant\/Defendant Anderson Carty.\u2019 <\/strong>That which appears highly suspect, has been the reason stated on a \u2018Warrant When Summons Is Disobeyed.\u2019 <\/strong>This was purportedly issued within the \u2018Magistracy.\u2019<\/strong> It was given clearly for the offspring of writers of social commentaries and siblings of musicians to understand. It states; \u2018\u2026No one shall be subjected to \u2018Arbitrary Arrest and Detention\u2019 [UDHR: Article 9: 1948].<\/strong> They shall know that in this jurisdiction, it is \u2018Justice is for all, and not for some.\u2019 <\/strong><\/p>\n

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

Whatever had been his \u2018Litigious Troubles,\u2019<\/strong> the Litigant\/Defendant, in \u2018Civil proceedings\u2019 appeared to have found himself in three \u2018Awkward Positions.\u2019<\/strong> That which research has revealed have been; (i)<\/strong> \u2018\u2026An inability in discharging tenancy obligations; (ii)<\/strong> \u2026A Magistrate that appeared not to have been in any mood that speaks to the endowment of conscience and reasonableness; and (iii)<\/strong> \u2026An adjudicator whose tolerance he may have unwittingly trespassed.\u2019 Since there is no boundlessness inf human patience, tolerance and understanding, litigants-\u2019 \u2018Plaintiffs and Defendants and officers of the Court\u2019<\/strong> shall all know that none shall attempt to persuade adjudicators to climb to the summit on the \u2018Rugged Side of the Mountain.\u2019 <\/strong><\/p>\n

TENANCY DISPUTE<\/strong><\/p>\n

Parliament anticipated that some adjudicators might adopt the character of \u2018Judges\u2019 <\/strong>that are to be seen as \u2018Dread.\u2019 <\/strong>\u00a0Compounding this, is survival in a land where the affluent speaks to it as \u2018Paradise on Earth,\u2019<\/strong> while misery was, for the most part, the plight of the indigent. So, for many struggling to survive, or simply to get by, as some may attest, life itself was an uphill battle. Even for \u2018Litigant\/Defendant Anderson Carty,\u2019<\/strong> this seemed to have been among his litigious troubles. Research has shown that a prolonged and unresolved \u2018Tenancy Dispute\u2019 <\/strong>was said to be the center of \u2018Contention and Confusion.\u2019 <\/strong>Incidentally, such had not directly involved the landlord or a practicing attorney, but a Court-recognized \u2018Power-of- Attorney.\u2019<\/strong><\/p>\n

HELL IN THE MAGISTRACY<\/strong><\/p>\n

Consequent upon such dispute, he appeared not only to have seen \u2018Hell on Earth,\u2019<\/strong> but also to experience what \u2018Hell\u2019<\/strong> was like within the \u2018Magistracy.\u2019<\/strong> A \u2018Labor Relations Consultant\/Practitioner,\u2019<\/strong> and like the vast majority of the population in a lingering \u2018Pandemic,\u2019<\/strong> dried up source of income and limited disposable income, life appears not to have been that which he may have anticipated. He may find solace in the singing of an artiste; \u2018\u2026When they seek to put you in a dungeon, \u2018Jah-Jah\u2019 will make a way out for you: and \u2026When victimization and frustration make you sad,<\/strong> \u2018Jah-Jah\u2019 love will make you glad.\u2019 <\/strong>With that which precariously lies ahead, only immediate access to disposable income could save him from entering the dungeon.<\/p>\n

APPELLATE CLAUSE<\/strong><\/p>\n

Moreover, likened to the song \u2018Like a tree planted by the waters: \u2026I shall not be moved,\u2019<\/strong> and indeed, he was immovable. The Magistrate appeared firmly \u2018Anchored in his Judgment,\u2019<\/strong> that he shall pay or go in for a short stay. It may have been for their sense of perception that they have inserted this \u2018Appellate Clause\u2019<\/strong> in the \u2018Magistrate\u2019s Code of Procedure (Amendment) Act.\u2019<\/strong> It states; \u2018\u2026Where an appeal is filed against a; (i) \u2018\u2026Decision: (ii) \u2026Judgment; or (iii) \u2026Order\u2019<\/strong> of a Magistrate, the appellant may seek a \u2018Stay of Execution\u2019<\/strong> of any of these. The law provides that \u2018within 7 days of filing the Appeal,<\/strong>\u2019 he may apply to the Magistrate for a \u2018Stay of Execution.\u2019<\/strong> The Magistrate has a \u2018Discretionary Power\u2019<\/strong> to grant or refuse. In the event of the latter, the law also provides for application to made by the \u2018High Court of Justice\u2019<\/strong> [Section 18 (1 & 2): MCP (Amendment) Act: No. 2 of 2014].<\/p>\n

CRIMINAL TRIALS<\/strong><\/p>\n

Prosecutorally, for \u2018Criminal Trials,\u2019<\/strong> \u2018Clerks to the Magistrates\u2019<\/strong> would present the \u2018Court Fixtures\u2019<\/strong> to \u2018Police Prosecutors.\u2019 They in turn are duty-bound to cause the \u2018Police office Clerk\u2019<\/strong> to sought and obtain related \u2018Case Files.\u2019 <\/strong>Their clerical duty to prepare \u2018Criminal Case Lists\u2019<\/strong> for (i) \u2018\u2026Police Court Prosecutors: (ii) \u2026Court or Summons Orderlies: and (iii) \u2026Magistrates and their Clerks.<\/strong>\u2019 Given this then established practice, it was never the duty of \u2018Magistrates, Clerks or Court Bailiffs\u2019<\/strong> to inform \u2018Litigants or Criminal Defendants,\u2019<\/strong> when they shall appear before the Courts for \u2018Civil Hearings or Criminal Trials.\u2019<\/strong><\/p>\n

INSTITUTING CIVIL PROCEEDINGS<\/strong><\/p>\n

Procedurally, for the purpose of \u2018Instituting Civil Proceedings\u2019<\/strong> against a \u2018Defendant,\u2019 a \u2018Plaintiff\u2019 shall apply to the Magistrate for a Summons. Such Summons shall; (a)<\/strong> \u2018\u2026Contain the \u2018Particulars of Claim; (b)<\/strong> \u2026Of the Order claimed, shall be endorsed on the back thereof by the Magistrate: (c) <\/strong>\u2026Endorsed Summons shall be filed by the Plaintiff: and (d)<\/strong> \u2026A certified copy issued to him; (e)<\/strong> \u2026Certified copy shall be served on the Defendant by a \u2018Peace officer\u2019<\/strong> Such might be delivered; (i) <\/strong>\u2018\u2026In person to the Defendant; or (ii)<\/strong> \u2026His attorney-at-law on record.\u2019 [Section 14: Section 148 of MCA: 255]. Mere \u2018Verbal Notification\u2019<\/strong> is clearly not sufficient to constitute \u2018Disobedience to Summons.\u2019<\/strong> From professional knowledge, this requires \u2018Evidence of Service.\u2019<\/strong><\/p>\n

WAYS OF SERVICE<\/strong><\/p>\n

Anticipating that a Defendant might not be easily found, the provisions provide for delivery to; (i)<\/strong> \u2018\u2026A person of the Defendant\u2019s last known address or place of residence; or (ii)<\/strong> \u2026To the Defendant\u2019s employer or his department\u2019s head or supervisor at the Defendant\u2019s place of employment.\u2019 Parliament foreseeing grave difficulties with Service, also make this proviso; \u2018\u2026Where the \u2018Peace officer\u2019 attests that Service cannot be effected in the manner referred to, the Magistrate may direct that the Defendant be served in a manner which will reasonably enable the Defendant to become fully aware of the contents of the Summons Sections 14 (1 and 2)].<\/p>\n

SERVICE OF CRIMINAL PROCESSES<\/strong><\/p>\n

Though not so specifically written, it shall be given clearly to understand that Parliament knew that \u2018Police officers\u2019<\/strong> shall concern themselves with; (a) \u2018\u2026Service of Criminal Processes: while (b) \u2026Bailiffs are concerned with Civil or non-criminal matters: <\/strong>and (c) …Process Servers are concerned with matters that attorneys or law firms have engaged their services in a private capacity, yet recognized by the Courts.\u2019 Contrastingly, while the services of the latter \u2018Peace officers\u2019<\/strong> are statutorily stipulated as \u2018Service Fees\u2019 to be paid to those so engaged [Section 4],<\/strong> except by \u2018Secret Moonlighting,\u2019<\/strong> Police officers are not so statutorily recognized.<\/p>\n

ROWDY LITIGANTS<\/strong><\/p>\n

Since Law enforcement personnel have no jurisdiction in \u2018Civil Proceedings,\u2019 <\/strong>should \u2018Rowdy Litigants\u2019 <\/strong>stepped out of line, \u2018Moonlighters\u2019<\/strong> run the risk of being declared not to be \u2018Acting in the lawful execution of duty\u2019 [Section 38: Small Charges Act:<\/strong> Chapter 405: and Sections 22 and 23: Police Act: Chapter 330].<\/strong> Moreover, law enforcement acting outside that which are contained in the \u2018Police Act,\u2019<\/strong> and have been seen as have made serious \u2018Litigious Decisions,\u2019<\/strong> they also run the risk of being litigated against, either in their persona or jointly with the; (i) \u2018\u2026Commissioner of Police\u2019 [Constitution Order: 1981: Section 5 (7)]: and (ii) \u2026Government\u2019s Chief Legal Adviser and Attorney General\u2019<\/strong> [Section 82].<\/p>\n

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

Not only has the exercise of \u2018Judicial and Magisterial Powers\u2019<\/strong> were invariably seen as starved for justification, but also often seen as being exercised overly-officious, arbitrary, excessively and punitively. Given these irrefutable facts; (a)<\/strong> \u2018\u2026A complaint was reportedly made to the Court by \u2018Althea James\u2019-<\/strong> August 25, 2021; (b)<\/strong> \u2026That \u2018Anderson Carty\u2019<\/strong> failed to attend Court: (b)<\/strong> \u2026Was a criminal charge pending trial against him? (c) <\/strong>\u2026Did the Power of Attorney Althea James solemnly swear to the information contain therein? (d) \u2026Did the Court issue a \u2018Warrant When Summons is Disobeyed.\u2019<\/strong> It begs these questions; (i)<\/strong> \u2018\u2026On whose authority\/instructions did the Police officer act? (ii)<\/strong> \u2026Was the defendant taken before the issuing Magistrate to answer a charge\/s? <\/strong>(iv) \u2026Who was the \u2018Peace officer-\u2019 Police officer, (Bailiff, Process Server)<\/strong> executed and arrested him? (v) <\/strong>\u2026Was the officer acting in the execution of duty? Finally, (vi) \u2026What lawful reasons dictated that such Police officer shall cause him to be held in a Criminal Suspect Detention Cell?\u2019 ***<\/strong><\/p>\n

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

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