{"id":147158,"date":"2022-02-27T22:28:17","date_gmt":"2022-02-28T02:28:17","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=147158"},"modified":"2022-02-27T22:54:41","modified_gmt":"2022-02-28T02:54:41","slug":"prosecution-saved-by-the-magistracy","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/","title":{"rendered":"Prosecution Saved By The Magistracy"},"content":{"rendered":"
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by <\/strong>Rawlston Pompey<\/strong><\/p>

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Even as the nation\u2019s image may have been battered abroad, the populace, particularly, the law-abiding citizens, assert their allegiance to, and respect for the \u2018Rule of Law.\u2019<\/strong> On foreign soil, a \u2018Medical Student\u2019<\/strong> reportedly engaged the services of a \u2018Non-bona fide Taxi Operator.\u2019<\/strong> That which shall be known is that the \u2018Bona fide Taxi Operators\u2019 <\/strong>are uniformed. Conspicuous and interactive, they are culturally friendly and pleasant; courteous and hospitable and cheerful and obliging. Little the unsuspecting Student may have known that his journey from a particular point to his apartment, was going to end with violence, shedding of his blood and wincing in pain.<\/p>\n

NAIL-STUDDED STICK<\/strong><\/p>

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It was alleged that the \u2018Foreign Medical Student\u2019<\/strong> was savagely and senselessly attacked over a \u2018Disputed Taxi Fare.\u2019<\/strong> He reportedly found himself at the receiving end of a \u2018nail-studded piece of stick.\u2019<\/strong> Likened to merciless \u2018Russian President Vladimir Putin\u2019s Destructive War Machine<\/strong>,\u2019 ordered to invade and destroy the \u2018Ukrainian Nation,\u2019<\/strong> with \u2018planes dropping bombs and tanks and submarines spitting out missiles like rain,\u2019 likened to \u2018Indian Fugitive from Justice Mehul Choksi [ANR: May 23, 20211],<\/strong> blows allegedly rein down on the body of Medical Student, \u2018Indian national, Mahesh Kumar Sharma Indragnti 22\u2019<\/strong> [DNO: February 22, 2022].Their experiences may, at worst, be described as terrorizing, harrowing and traumatic.<\/p>

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

This commentary looks at; (i) \u2018\u2026Plight of Foreign Students; and (ii) \u2026The savage and senseless attack on the person of \u2018Medical Student,\u2019 <\/strong>Some details might be distressing, while some might be alarming. It also looks at the apparent \u2018Prosecutorally Misguided\u2019 <\/strong>offence of \u2018Battery\u2019 filed<\/strong> for \u2018Summary Trial\u2019<\/strong> against the alleged offending \u2018Taxi operator Nicholas Andrew 55.\u2019 <\/strong>Moreover, it looks at (a)<\/strong> \u2018\u2026The keen observations of \u2018Chief Magistrate Joanne Walsh; (b) \u2026Magisterial Malpractice in some Courts.\u2019 and (c) \u2026<\/strong>Certain administrative aspects of the \u2018Police Service.\u2019 Author\u2019s Advice:<\/strong> \u2018This commentary is not a \u2018Short Story,\u2019<\/strong> and therefore, not for \u2018Story Book Children.\u2019 <\/strong>Those wishing to hear or see babies cry, infants crawl or children talk, may go to a \u2018Nursery.\u2019<\/strong><\/p>

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PROSECUTORIAL CAPACITY<\/strong><\/p>\n

Dedicated to \u2018Joanne Walsh\u2019<\/strong> and others within the Magistracy; \u2018Kathy\u2019<\/strong> and all practicing attorneys- \u2018Left, Right, Center and Quacks.\u2019<\/strong> It shall provoke no wrath and shall cause no anguish within the \u2018Magistracy\u2019<\/strong> in commencing this commentary with now \u2018Acting Director of Public Prosecutions (DPP) Joanne Walsh.\u2019 <\/strong>Instructively, she previously functioned as \u2018Senior Crown Counsel,\u2019<\/strong> and now positioned in the \u2018Prosecutorial Capacity\u2019<\/strong> as \u2018Acting Director of Public Prosecutions (DPP).\u2019<\/strong> Upon her ascension to the \u2018Magistracy,\u2019 <\/strong>she reportedly brought from the office of \u2018Director of Public Prosecutions (DPP),\u2019<\/strong> some fourteen (14)<\/strong> years of \u2018Prosecutorial Experience.<\/strong>\u2019 Undeniably, she had brought value to the \u2018Magistracy.\u2019<\/strong><\/p>

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PROCEDURAL TIRANNY<\/strong><\/p>

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Conversely, others fortuitously and expediently so elevated to perform as \u2018Magistrates,\u2019<\/strong> reportedly brought only a \u2018Legal Degree\u2019 <\/strong>and experience from a \u2018Legal Practice.\u2019 <\/strong>Then among them, a small minority seemed to have emerged. Then by 9.30 in the forenoon, they reportedly projected from the \u2018Bench\u2019 a harbored belief of \u2018Superiority and Power.<\/strong>\u2019 Exhibiting their own ideologies, they have reportedly brought nothing, but \u2018Procedural Tyranny to the Magistracy.\u2019 <\/strong>Still, others were said to be polite, respectful and advisably helpful.<\/p>\n

IMPRESSIONS AND FEELINGS<\/strong><\/p>\n

Among the minority, the \u2018Unrepresented\u2019<\/strong> were said to have been more fearful of an identifiable few, than they were of the \u2018Covid-19 AstraZeneca Vaccines\u2019 <\/strong>of which international Tennis Star, \u2018Novak Djokovic<\/strong> seems \u2018Mortally Afraid,\u2019 <\/strong>refused to take and deported from Australia\u2019 [BBC: January 15, 2022].\u00a0 <\/strong>This group has been described as being; \u2018\u2026Overly officious; \u2026Obnoxiously crude; \u2026Aggravatingly condescending; \u2026Intimidating and humiliating; \u2026Frighteningly threatening and \u2026Vexatious to the human spirit.\u2019 <\/strong>These were said to be the \u2018Daily Impressions and Feelings\u2019 of \u2018\u2026Complainants; \u2026Defendants; \u2026Litigants; and practicing attorneys.\u2019<\/p>\n

MAGISTERIAL PROCEDURE<\/strong><\/p>\n

As it affects the \u2018Magisterial Procedure,<\/strong>\u2019 it has been the cry that the \u2018Unrepresented Defendants,\u2019<\/strong> have invariably been called upon by particular adjudicators to offer \u2018Explanations,\u2019<\/strong> even after they had \u2018Entered Pleas of Not Guilty.\u2019 <\/strong>Past paralegal students in the persona of \u2018Chanlah Codrington and Nathaniel \u2018Paddy\u2019 James,\u2019<\/strong> know this as being procedurally wrong. They also know that it could be deemed a \u2018Magisterial Malpractice.\u2019<\/strong> Research has shown that in \u2018Papua New Guinea,\u2019 <\/strong>Legal authorities have produced a \u2018Magistrates\u2019 Manual -Safeguard in the Law and Practice.\u2019<\/strong><\/p>\n

PRESUMPTION OF INNOCENCE<\/strong><\/p>\n

Most instructively, was the authority that places a duty upon \u2018Magistrates.\u2019<\/strong> It therefore, states; \u2018\u2026Magistrates have a duty to ensure that Defendants understand the elem<\/strong>ents of the offence\u2019<\/strong> [Authority: 1971: Aikabi v Ephraim Tami: PNG: Law Review: 1550].<\/strong> Here in this jurisdiction, every defendant and every accused person enjoys the \u2018Constitutional Presumption of Innocence.\u2019 <\/strong>Thus, for any adjudicator seeking to exploit the innocence of those lacking familiarity with that which the \u2018Constitution\u2019<\/strong> provides, would have been in breach of the \u2018constitutional provision\u2019 [ANU: CO: 1981: Section 15 (2) (a)].<\/strong><\/p>\n

SUBTLE – DECEPTIVE – COERCIVE<\/strong><\/p>\n

While statutory powers reside with \u2018Magistrates\u2019 [Magistrate\u2019s Code of Procedure Act (MCPA): Chapter 255], <\/strong>no power resides with an adjudicator, to call upon any \u2018Defendant\u2019 <\/strong>to offer \u2018Explanation.\u2019 <\/strong>Neither has it been lawful for adjudicators to threaten \u2018Conviction,\u2019 o<\/strong>f any person not responding to \u2018Guilty Prompt,\u2019<\/strong> no matter how; (a) \u2018\u2026Subtle; (b) \u2026Deceptive; or (c) \u2026Coercive.\u2019 <\/strong>For fear of rendering \u2018Perverse Decisions and \u2018Miscarriages of Justice,\u2019<\/strong> adjudicators indulging in such \u2018Malpractice,\u2019<\/strong> always run the risk of being asked to \u2018Recuse\u2019 <\/strong>themselves from trials.<\/p>\n

MAGISTERIAL GUIDANCE<\/strong><\/p>\n

Magistrates, therefore, could be deemed reckless not to know \u2018Defendants\u2019 lacking knowledge of the law and Court procedures,\u2019 need \u2018Magisterial Guidance.\u2019<\/strong> Such \u2018Manual\u2019 <\/strong>contains \u2018Guidelines\u2019<\/strong> purposefully intended to curb improper \u2018Magisterial Procedures\u2019<\/strong> and \u2018Behavioral Malpractices.\u2019<\/strong> In some jurisdictions, reasonable inferences might be drawn that some \u2018Magistrates\u2019<\/strong> some \u2018Magistrates\u2019 with ulterior motive or sheer laziness, may have engaged themselves in an unwelcomed practice, such as \u2018Prompting Guilty Pleas.\u2019<\/strong> It has never been considered proper for adjudicators to prompt \u2018Guilty Pleas.\u2019<\/strong><\/p>\n

GROSSLY IMPROPER<\/strong><\/p>\n

Ensuring that such was discontinued, the \u2018Guinean Authorities\u2019<\/strong> produced the \u2018Magistrates Manual\u2019<\/strong> for procedural guidance of those that are appointed to adjudicate. The \u2018Guidelines\u2019<\/strong> states, \u2018\u2026When defendants enter \u2018Guilty Pleas,\u2019<\/strong> they are in fact waiving their constitutional right to require the Prosecution to prove the charges against them<\/strong>\u2019 [CO: 1975: PNG: Section 37 (10)].<\/strong> Thus, when adjudicators reportedly asked for \u2018Explanations,\u2019<\/strong> then threateningly speaks to what penalties loom to descend upon the convicted, such appears \u2018Grossly Improper.\u2019 <\/strong><\/p>\n

COMMENCEMENT OF TRIAL<\/strong><\/p>\n

From professional prosecutorial experience and knowledge of that which correctly obtains in some Courts, the duty of the \u2018Adjudicator\u2019<\/strong> is to call upon the \u2018Prosecution\u2019<\/strong> for \u2018Commencement of Trial.<\/strong>\u2019 It follows that the duty of the Magistrate is to call upon the \u2019Police Court Prosecutor\u2019<\/strong> to call the first \u2018Witness\u2019 <\/strong>to the \u2018Stand\u2019<\/strong> to be \u2018Sworn or Affirmed\u2019 to give evidence.\u2019 <\/strong>That which resides with \u2018Magistrates,\u2019<\/strong> is a discretionary power to adjourn with satisfactory reasons. This shall end \u2018Magisterial Tyranny\u2019 <\/strong>and any behavior not procedurally not consistent with that reasonably expected of \u2018Magistrates\u2019 <\/strong>or enhancing to the \u2018Magistracy.\u2019<\/strong><\/p>\n

EXAMPLARY ATTITUDE<\/strong><\/p>\n

Conversely, there is a power to \u2018Strike out For Want of Prosecution\u2019 <\/strong>where inordinate Court delays have resulted from \u2018lengthy Prosecution-allowed adjournments.\u2019 <\/strong>Parties that have reportedly experienced such \u2018Magisterial Tyranny,\u2019<\/strong> became timid and driven to tears and despair. In stark contrast, observed for her \u2018Exemplary Attitude,\u2019<\/strong> showing respect for the dignity of those appearing before the Court. Those seen as being guilty of \u2018Tyrannical Magisterial Behavior,\u2019<\/strong> may wish learn from \u2018Chief Magistrate Joanne Walsh.\u2019<\/strong><\/p>\n

FINANCE AND VIOLENCE<\/strong><\/p>\n

As it affects Students pursuing academic studies, it was universally known that whether or not on or off \u2018College compounds\u2019 or \u2018University Campuses,\u2019<\/strong> life in these learning institutions has never been without challenges and difficulties. While some are embarrassed by the lack of \u2018Finance,\u2019<\/strong> others are stricken by \u2018Violence.\u2019<\/strong> Even so faced, students of whatever disciplines, shall also know their \u2018Financial Limitations\u2019<\/strong> as well as their obligations to service providers, or others indebted. Not infrequently, many have found themselves with innumerable problems. From these two perspectives, none shall make life more difficult and painful than that with which many have encountered, or likely to encounter<\/p>\n

GOVERNMENT BURSARIES<\/strong><\/p>\n

. Given their dependence on \u2018Bursaries\u2019<\/strong> granted by Governments, with no other financial source, the impact upon health, wellness, comfort and studies most devastating.\u00a0 It was to the knowledge that to the indigent \u2018Foreign Students,\u2019<\/strong> when \u2018Bursaries\u2019<\/strong> were not disbursed and dispatched in a timely manner, grave difficulties often arise. Their voices are heard. There is unease and frustration.\u00a0 Their situations are real; \u2026the circumstances bring upon them despair; their cries are real; and their financial burdens become painfully unbearable. Many knew not from where supper was coming.<\/p>\n

STUDENTS ON FOREIGN SOIL<\/strong><\/p>\n

Such have been the experiences of many Students on \u2018Foreign Soil.\u2019 <\/strong>They never knew when the next \u2018Disbursements\u2019<\/strong> will be made, let alone received. As they await word from struggling families, many are made to \u2018Scrounging.\u2019<\/strong>\u00a0 The experiences of Students from the nation of \u2018Antigua and Barbuda\u2019<\/strong> pursuing studies abroad know all about financial hardship. Likened to students from \u2018Nigeria,\u2019<\/strong> those that have been, or underwent studies overseas, be it in \u2018Cuba to Jamaica to China,\u2019 <\/strong>when funds were completely expended, they have all found themselves in desperate situations.<\/p>\n

STRAPPED FOR CASH<\/strong><\/p>\n

As necessity invariably dictates, in any part of the globe one pursues academic or degreed studies, the self-disciplined though not necessarily in a miserly way, Students shall always endeavor to \u2018Balance a Budget.\u2019<\/strong> Thus, as far as practicable, they shall expend whatever, and however limited finance they possess, prudently and sparingly. It is the knowledge that for a good number, many have found themselves in \u2018Dire Financial Straits.<\/strong>\u2019 Likened to \u2018LIAT<\/strong>\u2019 and its shareholder Governments, many Students are often \u2018Strapped for Cash.\u2019<\/strong> The case of the recent \u2018800 de-registered Students\u2019 (Mona Campus: Jamaica),<\/strong> vividly makes the point [ANR: October 29, 2018].<\/p>\n

STEALING FOR SURVIVAL<\/strong><\/p>\n

Research has shown that some \u201916 Nigerian Students\u2019 <\/strong>pursuing \u2018Medical Studies\u2019<\/strong> on the Caribbean Island of St. Vincent and the Grenadines have been \u2018Stealing for Survival.\u2019<\/strong> Further research has revealed the painful experiences of \u2018three female Nigerian Students.\u2019<\/strong> As fate sometimes has it, the trio, ages \u201825, 23 and 19,\u2019 <\/strong>caught \u2018flagrante delicto\u2019 <\/strong>(in the act or red handed) [December 25, 2021]. <\/strong>Whether they had yielded to temptation or \u2018Forced by<\/strong> Necessity,\u2019 <\/strong>unsuspectingly, they had been monitored at a Supermarket. The researchers revealed that an established \u2018Rivers State Scholarship Scheme\u2019<\/strong> appeared to have encountered \u2018Grave Financial Difficulties.\u2019<\/strong><\/p>\n

SADDEST OF STORIES<\/strong><\/p>\n

The \u2018Saddest of Stories\u2019<\/strong> might be seen from researched information contained herein. For many students pursuing studies abroad, running short or out of money, has often been as difficult as it has been challenging. They were said to have been feeling the effects of a great financial squeeze. Though the concept is right, Sociologists have argued that humans must develop \u2018Survival Strategies.\u2019<\/strong> Likened to a ship in stormy weather, it has been widely accepted that shelter shall be sought at any port.<\/p>\n

HAND OF MERCY<\/strong><\/p>\n

Even though they had not \u2018Lifted\u2019<\/strong> the entire Supermarket, they had reportedly \u2018Lifted Groceries\u2019 <\/strong>to the value of just over \u2018EC$900.00\u2019 [Loop Caribbean News: December 29,2021]. <\/strong>They were nabbed, charged and remanded to prison for six days, including \u2018Christmas Day.\u2019<\/strong> Notwithstanding the transgression, seemingly recognizing the distance away from home, and inferentially considering their personal circumstances and \u2018Financial Plight,\u2019 Senior Magistrate Rickie Burnette\u2019 <\/strong>reportedly extended a \u2018Hand of Mercy,\u2019<\/strong> thereby placing the convicted students on a \u2018One-year Bond.\u2019 <\/strong>As \u2018Fortune\u2019<\/strong> sometimes favors the indigent Students, they were allowed to continue their \u2019Medical Studies.\u2019<\/strong><\/p>\n

WRATH OF THE DEVIL<\/strong><\/p>\n

Flying by Night,\u2019<\/strong> and plying a solicitous trade around a particular off-shore University, \u2018Taxi operator Nicholas Andrew 55,\u2019<\/strong> found himself on the wrong side of law. A reportedly demanded and denied \u2018Double the Fare,<\/strong>\u2019 saw \u2018Hell broke loose.\u2019 That which reportedly unfolded, not only speaks to an attempted act of fleecing, but also associated with acts of savagery. In a violent<\/strong> attack, a male student, reportedly pursuing academic studies at an off-shore \u2018Medical School\u2019 <\/strong>saw the \u2018Wrath of the Devil,\u2019 <\/strong>descended upon him.<\/p>\n

BATTERED – BRUISED – BLOODIED<\/strong><\/p>\n

Reports suggested that the student had been brutally \u2018Battered, Bruised and Bloodied.\u2019<\/strong> Fellow-students of the attacked, reportedly viewed the injuries. The sustained injuries speak to \u2018multiple punctured wounds\u2019 to: (a) \u2018\u2026The head: (b) \u2026Chest: (c) \u2026Hand: (d) \u2026Elbow: (e) \u2026Rib cage; and (f) …Back.\u2019<\/strong> The injuries, though not necessarily life threatening, were reportedly confirmed by a physician who clinically attended to the student at the registered \u2018Medical School.\u2019 <\/strong>That which the \u2018Taxi Operator\u2019<\/strong> apparently could not have received from the hand of the student\/passenger, in the form of violence, delivered by hands that speak to sheer brutality.<\/p>\n

VIDEOGRAPHED DOCUMENTARY<\/strong><\/p>\n

The assailant identified as \u2018Nicholas Andrew,\u2019<\/strong> was said to have been operating as a \u2018Non-bona fide Taxi Operator.\u2019 <\/strong>Graphically, a \u2018Videographed Documentary\u2019<\/strong> of that which had physically transpired, showed an irate male mercilessly reigning down blows upon his body, more than \u2018Covid-19 Vaccines\u2019 <\/strong>to jab the unvaccinated. Social media reported that there had been disagreement over the \u2018Fare\u2019 <\/strong>charged and not paid. From the video that went viral on social media and news portals, blows were seen reigning down on the unarmed, defenceless and helpless student.<\/p>\n

TECHNOLOGY – EVIDENTIAL VALUE<\/strong><\/p>\n

Even as the advent of technology has been seen as universally helpful to Law enforcement, criminal investigators in some jurisdictions, seemed to have ignored the \u2018Evidential Value\u2019<\/strong> to \u2018Criminal Investigation and Crime Detection.\u2019<\/strong> In the most vicious and brutal way, video footage showed an apparent \u2018irate and raging male person,\u2019 <\/strong>wielding it forcefully and mercilessly against the body of the said student<\/strong> [ANR: February 17, 2022].<\/p>\n

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

By any stretch of imagination, it could never be said that in the minor charges of \u2018Assault or Battery,\u2019<\/strong> contains therein, the more serious offence of \u2018Causing Grievous Bodily Harm.\u2019<\/strong> Therefore, to speak of \u2018Upgrading a charge\u2019 from \u2018Battery to \u2018Causing Grievous Bodily Harm,\u2019<\/strong> speaks to sheer \u2018Professional Ignorance.<\/strong>\u2019 For no offence of \u2018Battery\u2019<\/strong> could be \u2018Upgraded\u2019<\/strong> to \u2018Manslaughter, nor Murder.\u2019<\/strong> Should this be accepted, then the offence of \u2018Indecent Language,\u2019<\/strong> may as well be up-graded to \u2018Disorderly Conduct.\u2019<\/strong><\/p>\n

RULE OF LAW<\/strong><\/p>\n

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As it affects the \u2018Rule of Law,\u2019<\/strong> those that are charged with responsibility for \u2018Law Enforcement,\u2019 <\/strong>shall know that much is desirous of them. They shall always be mindful that they are forever under the scrutiny of a suspicious citizenry. \u00a0Therefore, they shall at all material times, be seen as efficient as they are considered intelligent and knowledgeable of the law. Most importantly, whether or not in the eyes of the citizens or before the Courts, they shall be seen as sufficiently familiar and conversant with the elements that constitute the various criminal offences. Their function is not only unique, but also separate and apart from (a)<\/strong> \u2018\u2026Those that are responsible for public prosecutions;<\/strong> (b)<\/strong> \u2018\u2026Those appearing as Practicing Attorneys; and (c)<\/strong> \u2026Those acting in a judicial capacity, adjudicating criminal trials and interpreting law.\u2019<\/p>\n

ELEVATED -STAGNATED<\/strong><\/p>\n

Even more separate and apart from these, those constitutionally appointed to; (i) \u2026Make promotions; and (ii) \u2026Making transfers within the Police Service.\u2019 <\/strong>No \u2018Police Service\u2019<\/strong> can be effective and\/or productive, if for reasons of \u2018Cronyism, Nepotism or Favoritism,\u2019 <\/strong>if its members dashed the hope and aspirations and reasonable expectations, are killed by those with a mentality that speaks to \u2018Retardation of Progress.\u2019 <\/strong>The incompetent is said to be favored with promotion and are either \u2018Sheltered or Ordered\u2019 <\/strong>where they shall be transferred and deployed. This situation appeared not to be working for current \u2018Commissioner of Police, Atlee Rodney QPM.\u2019<\/strong> If \u2018Claudette, Cosmas and James (CCJ),\u2019 <\/strong>feel that the incompetent shall be \u2018Elevated\u2019<\/strong> and the competent shall remain \u2018Stagnated,\u2019<\/strong> then that is so.<\/p>\n

\u00a0<\/strong><\/p>\n

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

Punishingly, humiliatingly, frustratingly and demoralizingly, some personnel are transferred to \u2018Divisional precincts, departments and Units\u2019<\/strong> and under Superiors that lacked professional knowledge and competence; supervisory, managerial, leadership and communication skills. A recent \u2018Police Service Commission (PSC)-made Transfers\u2019<\/strong> speak to such truths. A \u2018Special Force Order, No. 1 of 2022\u2019<\/strong> states; \u2018\u2026The undermentioned promotions within the Royal Police Force of Antigua and Barbuda, were duly made by the \u2018Police Service Commission.\u2019 [No. 1 of 2022: February 9 & 18, 2022].<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

PROMOTION\/TRANSFER BOARD\/MEMBERS<\/strong><\/p>\n

From professional knowledge, experience and administrative practice, transfers were normally recommended by the \u2018Commissioner of Police\u2019 <\/strong>who, statutorily, has responsibility for superintendence of the Police Service [Section 6: Police Act: Chapter 330]. Such were contingent upon discussional inputs from an internally-established his administrative \u2018Promotion\/Transfer Board.\u2019 Such \u2018Board,\u2019<\/strong> then consisted of the Commissioner of Police, who ex officio chaired the administrative proceedings. Incidentally, the \u2018Board\u2019 recommends and the \u2018Police Service Commission (PSC), humiliatingly and disappointingly rejects.<\/p>\n

DEVELOPMENT AND ADVANCEMENT<\/strong><\/p>\n

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Those that are charged with \u2018Service to the nation and Protection of the population,\u2019<\/strong> shall know that personnel shall be so deployed where their \u2018professional competence, ability and skills\u2019<\/strong> are not only best suited, but also most needed.\u00a0 In so doing, they shall provide opportunities for; (a) \u2018\u2026Career and professional development; and (b) \u2026Advancement up the chain of command.\u2019<\/strong> Thus, a \u2018Commissioner of Police\u2019 <\/strong>shall endeavor to create an enabling environment, whereby the deeply committed, devoted and loyal personnel, shall not harbor feelings of neglect, but as an integral part of the \u2018Police Service.\u2019<\/strong><\/p>\n

SQUARE PEG – ROUND HOLE <\/strong><\/p>\n

Inferentially, their discussions may have been considered a \u2018Farce\u2019 <\/strong>and recommendations deemed to have no administrative value, thus deemed \u2018Futile.<\/strong>\u2019 Whether or not a \u2018Commissioner\u2019<\/strong> harbors a farfetched belief, framers of the \u2018Constitution Order\u2019 [1981],<\/strong> could never have intended that the \u2018Commissioner of Police\u2019 <\/strong>was subordinate to the \u2018PSC.\u2019<\/strong> Whether or not it brings frustration or humiliation, a \u2018Commissioner of Police\u2019<\/strong> shall always endeavor to show personnel that their interest and welfare are no different to the Commissioner. Even so, none shall be positioned to be seen as a \u2018Square Peg in a Round Hole.\u2019<\/strong><\/p>\n

MERIT \u2013 ABILITY – INTEGRITY<\/strong><\/p>\n

It has been regularly seen that elevation to higher ranks of many subordinates, have been the result of either \u2018Cronyism, Nepotism or Favoritism.\u2019 <\/strong>\u00a0Research has revealed that the officer concerned has been the beneficiary of a \u2018non-consultative and non-recommended promotion.\u2019<\/strong> Besides, had it been left to the recommendation and duly referred and approved by the \u2018Police Service Commission (PSC),\u2019 <\/strong>then that body may have had good reasons to question the judgment of \u2018Commissioner of Police Service, Atlee Rodney QPM.\u2019 <\/strong>Even so, such recommendation would have been well-informed, and based upon \u2018Merit; Ability and Integrity.\u2019 <\/strong><\/p>\n

GREATER – LESSER<\/strong><\/p>\n

Should anyone denied that \u2018Square Pegs\u2019 <\/strong>have never been placed in \u2018Round Holes,\u2019 <\/strong>manifestations of this may have been evident in the incident involving a \u2018Medical Student\u2019<\/strong> and a \u2018Taxi operator.\u2019 <\/strong>Moreover, if anyone denies that from professional Law enforcement training, in some offences, the \u2018Greater\u2019<\/strong> includes the \u2018Lesser.\u2019<\/strong> For instance, personnel know that in the heinous crime of \u2018Murder,<\/strong>\u2019 contained therein is the \u2018Lesser Charge of Manslaughter.\u2019 <\/strong>A clear blunder may have been made by a newly promoted \u2018Acting Sergeant of Police.\u2019<\/strong><\/p>\n

SUMMARY NATURE<\/strong><\/p>\n

That which \u2018Arresting officers, Police Court Prosecutors\u2019 and some Supervisors\u2019<\/strong> shall know, is that \u2018Chief Magistrate Joanne Walsh\u2019<\/strong> was not elevated to the \u2018Magistracy\u2019 <\/strong>from the last \u2018Shower of Rain.\u2019<\/strong> The properly trained personnel shall know the \u2018Classification\u2019<\/strong> of each offence. As it affects the handling of the \u2018Savage Attack\u2019<\/strong> on the \u2018Medical Student,\u2019<\/strong> much is left to be desired of the professional competence of criminal investigators.<\/p>\n

CHARGE GLITCH<\/strong><\/p>\n

Recent developments at the \u2018Magistrate\u2019s Court\u2019<\/strong> suggested that personnel appeared not to have been able to distinguish offences of a \u2018Summary Nature\u2019<\/strong> from those triable only by impaneled Juries, under legal directions of adjudicators (Judges).\u00a0 In the \u2018Chief Magistrate\u2019s previous capacity, she had, and still has no difficulty differentiating a \u2018Magisterially triable Summary offence\u2019<\/strong> from an Indictable offence. When the Defendant \u2018Nicholas Andrew\u2019<\/strong> appeared before her, sensing a \u2018Charge Glitch,\u2019<\/strong> clearly the result of improper classification of the offence and \u2018File Perusal she obligingly provided an opportunity for correction the glaring mistake.<\/p>\n

CHARGE OF BATTERY<\/strong><\/p>\n

She had \u2018Saved the Day\u2019<\/strong> for the equally astonished female \u2018Police Court Prosecutor,\u2019 <\/strong>by allowing the craving of the \u2018Court\u2019s Indulgence,\u2019<\/strong> not to read the Complaint to the Defendant for a plea to the single \u2018Charge of Battery.\u2019 <\/strong>Possessing such knowledge positions such well trained personnel in making informed decision regarding the \u2018Serving of Charges\u2019<\/strong> and \u2018Filing of Complaints\u2019<\/strong> at the appropriate \u2018Magisterial Jurisdiction- A, B, C.\u2019 <\/strong>Before such procedures, arresting officers shall know what is (a) \u2018\u2026An Assault: (b) \u2026Battery; and (c) \u2026 Assault to do Grievous Bodily Harm (GBH).\u2019 <\/strong><\/p>\n

ASSAULT<\/strong><\/p>\n

Police trainees will have been taught that \u2018Assault\u2019<\/strong> is defined as \u2018\u2026An attempt to inflict force to the body of another person. The main \u2018Element\u2019 <\/strong>constituting such offence is \u2018putting a person in fear\u2019 [Section 13: Small Charges Act: Chapter 405].<\/strong> The offence of \u2018Assault<\/strong>,\u2019 would have been committed when the person apprehended fear of being violently attack. The offence of \u2018Battery,\u2019<\/strong> speaks to the actual and unlawful \u2018Application of Force\u2019<\/strong> to the person of another. This may be applied with or without a weapon.<\/p>\n

GRIEVOUS BODILY HARM<\/strong><\/p>\n

The provision states; \u2018\u2026Any person who shall assault or beat any other person, shall be liable to a fine not exceeding EC$500. Or for a term not exceeding 2 months\u2019 [Section 13: Small Charges Act: Chapter 405]. <\/strong>Thus, \u2018Bail\u2019 <\/strong>was reportedly fixed to reflect the \u2018Nature and Gravity\u2019<\/strong> of the injuries sustained as contained the \u2018Medical Report.<\/strong> \u2018Such would have been consistent with the offence, \u2018Assault Occasioning Grievous Bodily Harm.\u2019<\/strong> It was obvious that when Taxi operator \u2018Nicholas Andrew\u2019 <\/strong>inflicted blows with the \u2018nail-studded stick,<\/strong> there was mens rea of the intention to \u2018Cause Grievous Bodily Harm\u2019 <\/strong>to the \u2018Medical Student Mahesh Kuma Sharma Indragnti.\u2019<\/strong><\/p>\n

DEFINITION<\/strong><\/p>\n

The \u2018Act\u2019 <\/strong>states; \u2018\u2026Whosoever inflicts any grievous bodily harm upon any other person with or without any weapon or instrument, is guilty of a misdemeanor, and being convicted, shall be liable to be imprisoned for a term not exceeding five years\u2019 [Offences Against the Person Act: Chapter 300: Section 22]. <\/strong>The Court has determined that \u2018\u2026Grievous Bodily Harm\u2019 means no more or no less than \u2018really serious\u2019<\/strong> bodily harm [Authority: LawTeacher:1961: DPP v Smith].<\/p>\n

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

Anticipating that a serious charge under the \u2018Offences Against the Person Act\u2019<\/strong> will be filed, \u2018Chief Magistrate, Joanne Walsh\u2019<\/strong> reportedly fixed Bail the sum of \u2018EC$10, 000,\u2019<\/strong> with a cash component of \u2018EC$ 5, 000.\u2019<\/strong> Such reflects the seriousness of the offence and ensuring that the \u2018Defendant Nicholas Andrew 55,<\/strong>\u2019 submits to the Court\u2019s jurisdiction on the \u2018Fixed Date\u2019<\/strong> [March 2, 2022]. While it may have appeared that something was amiss, the offence of \u2018Battery,\u2019<\/strong> triable only by \u2018Magistrates,\u2019<\/strong> is one that the \u2018Form 1 Students\u2019<\/strong> of the \u2018Baptist Academy\u2019<\/strong> could easily comprehend.<\/p>\n

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

A Commission<\/strong>er of Police shall always endeavor to provide \u2018Incentivized Motivation,\u2019 <\/strong>for all members. Their professional competencies shall be so evident, that personnel shall be fully knowledgeable, as to be able to differentiate between the \u2018Summary offence of Battery\u2019<\/strong> and the more \u2018Serious offence of Assault Occasioning Grievous Bodily Harm.\u2019<\/strong> Should it be shown again that \u2018arresting officers can make no distinction, then now \u2018Acting Director of Public Prosecutions (DPP) Joanne Walsh\u2019 <\/strong>may have no difficulty in saying to those that are not so daft, \u2018It is not So.\u2019 <\/strong>While in the enjoyment of the novelty of the position of \u2018Commissioner,\u2019 <\/strong>he\/she allows a \u2018Police Service Commission (PSC)<\/strong>\u2019 continuing imposition of its will upon the \u2018Police Service,\u2019 dictating transfers and making \u2018non-consultative promotions, that \u2018Square Pegs\u2019<\/strong> can fit in \u2018Round Holes,\u2019<\/strong> such a \u2018Commissioner\u2019<\/strong> would be foolish in \u2018Leaving and believing it to be so.\u2019 <\/strong>***<\/p>\n

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

by Rawlston Pompey Even as the nation\u2019s image may have been battered abroad, the populace, particularly, the law-abiding citizens, assert their allegiance to, and respect for the \u2018Rule of Law.\u2019 On foreign soil, a \u2018Medical Student\u2019 reportedly engaged the services of a \u2018Non-bona fide Taxi Operator.\u2019 That which shall be known is that the \u2018Bona […]<\/p>\n","protected":false},"author":3,"featured_media":146108,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-147158","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nProsecution Saved By The Magistracy - 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\/prosecution-saved-by-the-magistracy\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Prosecution Saved By The Magistracy\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey Even as the nation\u2019s image may have been battered abroad, the populace, particularly, the law-abiding citizens, assert their allegiance to, and respect for the \u2018Rule of Law.\u2019 On foreign soil, a \u2018Medical Student\u2019 reportedly engaged the services of a \u2018Non-bona fide Taxi Operator.\u2019 That which shall be known is that the \u2018Bona […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/\" \/>\n<meta property=\"og:site_name\" content=\"Antigua News Room\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/antiguanewsroom\" \/>\n<meta property=\"article:published_time\" content=\"2022-02-28T02:28:17+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2022-02-28T02:54:41+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/mlavawteztbj.i.optimole.com\/w:1024\/h:640\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2022\/02\/Screen-Shot-2022-02-06-at-11.21.51-AM.png\" \/>\n\t<meta property=\"og:image:width\" content=\"1024\" \/>\n\t<meta property=\"og:image:height\" content=\"640\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:site\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"18 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/\"},\"author\":{\"name\":\"Editor\",\"@id\":\"https:\/\/antiguanewsroom.com\/#\/schema\/person\/36cac05ef6398fe56ae3e6317f8535c5\"},\"headline\":\"Prosecution Saved By The Magistracy\",\"datePublished\":\"2022-02-28T02:28:17+00:00\",\"dateModified\":\"2022-02-28T02:54:41+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/\"},\"wordCount\":3847,\"commentCount\":7,\"publisher\":{\"@id\":\"https:\/\/antiguanewsroom.com\/#organization\"},\"image\":{\"@id\":\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/mlavawteztbj.i.optimole.com\/w:1728\/h:1080\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2022\/02\/Screen-Shot-2022-02-06-at-11.21.51-AM.png\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/\",\"url\":\"https:\/\/antiguanewsroom.com\/prosecution-saved-by-the-magistracy\/\",\"name\":\"Prosecution Saved By The Magistracy - 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