{"id":147688,"date":"2022-03-09T08:49:46","date_gmt":"2022-03-09T12:49:46","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=147688"},"modified":"2022-03-09T08:49:46","modified_gmt":"2022-03-09T12:49:46","slug":"the-guilty-plea-magistrates","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/the-guilty-plea-magistrates\/","title":{"rendered":"The Guilty Plea Magistrates"},"content":{"rendered":"
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RAWLSTON POMPEY<\/strong><\/p>

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In a nation that speaks to the; (i) \u2018\u2026Supremacy of God;<\/strong> (ii)<\/strong> \u2026Its sovereignty: (iii)<\/strong> \u2026A society of free men and women; and (iv) \u2026Free institutions\u2019 [CO: 1981: Principle: A],<\/strong> among the community of nations, it shall consider itself civilize. However, given the unpredictable nature of humans, such dictated a social control mechanism. Likened to most democracies the \u2018Rule of Law\u2019 <\/strong>demands that \u2018Civil and Criminal Courts\u2019 <\/strong>were established within the \u2018Magistracy.\u2019<\/strong> The Courts, purposefully established, without acrimony, victimization or discrimination, were to serve the common good. Such purpose speaks to fair trials, unbiased adjudication, impartial decisions and equitable \u2018Dispensation of Justice.<\/strong>\u2019 To all practicing attorneys and Face Book friend, \u2018Kathy.\u2019<\/strong><\/p>\n

PERSPECTIVE<\/strong><\/p>

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This commentary looks at the \u2018Functional responsibilities of Magistrates\u2019<\/strong> as they relate to \u2018Summary Criminal<\/strong> Trials.\u2019 <\/strong>It also looks at; (i) \u2018\u2026 Role of Police Court Prosecutors; and (ii) \u2026Role of Defence attorneys.\u2019 <\/strong>Framers of the \u2018Constitution\u2019 <\/strong>have long anticipated that those running afoul of the law, may not be financially heathy. Thus, in criminal trials, many will be placed at grave disadvantage. This was always likely, particularly when sitting \u2018Magistrates\u2019 <\/strong>seems \u2018Fixated on Guilt,\u2019 <\/strong>as opposed to conducting full trials. <\/strong>They also knew that a handful of adjudicators may not offer protection to the \u2018Unrepresented defendants.\u2019 Thus, a handful of Magistrates seem not well-positioned to build their capacity or develop a deep sense of reasoning and good judgment.<\/p>

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

Incidentally, as it affects \u2018Pleas of Guilty\u2019<\/strong> in cases not presided over by \u2018Magistrates,\u2019<\/strong> whether or not \u2018self-prompted, voluntary or legally advised, such \u2018Pleas\u2019<\/strong> are generally accepted in most jurisdictional Courts. Irrespective of public perceptions, that which might be politely given for; (i) \u2018<\/strong>\u2026Clearer adjudicating understanding of Magistrates: (ii) <\/strong>\u2026Knowledge of Police Court Prosecutors; and (iii) <\/strong>\u2026Awareness of legal practitioners,\u2019<\/strong> the constitutional provision states; (a) \u2018\u2026Every person who is charged with a criminal offence \u2018SHALL\u2019 be \u2018Presumed Innocent\u2019 until proved or had pleaded guilty\u2019 [CO:1981: Section 15]. <\/strong>The operative word \u2018Prove,\u2019<\/strong> suggests that a person shall be fully tried and the prosecution have not only discharged its \u2018Burden of Proof,\u2019<\/strong> but shall also do so \u2018Beyond Reasonable Doubt.\u2019<\/strong><\/p>

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EQUAL TREATMENT<\/strong><\/p>\n

Then likened to an improperly aborted pregnancy, such \u2018Plea\u2019<\/strong> had reportedly left many angry and anguished. The \u2018Criminal Justice System\u2019<\/strong> will have failed them. Then there is the most fundamental doctrine of \u2018Equal Treatment\u2019<\/strong> before the law. This has been made sufficiently clear by the \u2018United Nations Article 7.\u2019 <\/strong>It states; \u2018\u2026All are equal before the law, and are entitled without any discrimination, to equal protection of the law\u2019<\/strong> [1948:<\/strong> United Nations Declaration of Human Rights].<\/strong> Undoubtedly, unfamiliarity with the \u2018UN Doctrine\u2019<\/strong> and constitutional provisions, neither provides guidance to those with inclinations for \u2018Magisterial Short Cut,\u2019 <\/strong>nor prevents jeopardy to the \u2018Starved of Knowledge.\u2019<\/strong><\/p>

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BAD LEGAL ADVICE<\/strong><\/p>

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As a consequence of such course of action, many not only became \u2018Self-convicted Defendants,\u2019<\/strong> but also found themselves in disappointing despondency and deep and regrettable financial straits. Thus, an advice, legal or otherwise to enter a \u2018Plea of Guilty,\u2019<\/strong> is an advice for; (a) \u2018\u2026Self-conviction; (b) \u2018, Imposition of fine; (c) \u2026Incarceration.\u2019 Frequently, \u2018Bad Legal Advice\u2019 <\/strong>has seen these manifestations The \u2018unrepresented defendants\u2019<\/strong> are in no better position. Given reasons to feel disappointed, several persons were not only said to have harbored feelings of being deceptively misguided. Adding to their frustration and miseries, many were said to have found themselves in \u2018Double-Financial Jeopardy.\u2019 <\/strong>This included;<\/strong> (i)<\/strong> \u2018\u2026Settlement of questionable unregulated legal fees; and (ii) \u2026Paying unexpected hefty Court fines.\u2019 <\/strong><\/p>\n

FEAR OF CUSTODIAL SENTENCES<\/strong><\/p>\n

Nations within the \u2018British Commonwealth\u2019<\/strong> with shared jurisprudence have accepted \u2018Guilty Pleas in Criminal Trials.\u2019<\/strong> These are the ones that have entered \u2018voluntarily by a defendant;\u2019<\/strong> or (ii)<\/strong> \u2026That advisedly guided by practicing attorneys<\/strong> instructionally retained in the capacity of \u2018Defence Counsels.\u2019<\/strong> A third, which in recent times has reportedly emerged within the \u2018Magistracy,\u2019<\/strong> was one said to have been associated with \u2018Intimidatory Tactics.<\/strong>\u2019 For specific reasons, likened to an unwanted pregnancy many constitutionally-presumed innocent defendants, \u2018Fearing Custodial Sentences,\u2019<\/strong> were said to have aborted full trials, thereby opting for \u2018Guilty Pleas\u2019 <\/strong>and magisterial semi-favorable sentences.<\/p>\n

POWER- CORRUPTS AND CONSUMES<\/strong><\/p>\n

It has been said that \u2018Knowledge is Power.\u2019<\/strong> Invariably, \u2018Power,\u2019 <\/strong>wielded acrimoniously, spitefully, punitively and prosecutorally, has not only been the cause of most of man\u2019s miseries, but also the weapon that has destroyed those so wielding it. \u00a0Nowadays, within the \u2018Magistracy,\u2019<\/strong> some adjudicators were said to want to have, and wield power, without \u2018Knowledge.\u2019 <\/strong>From their very attitude and action, some appeared to have believed that \u2018Power is Knowledge.\u2019 Even as <\/strong>they sought to wield it with impunity, they shall know that \u2018Power\u2019 <\/strong>not only \u2018Corrupts,\u2019<\/strong> but also \u2018Consumes\u2019 <\/strong>the wielders.<\/p>\n

POWER: MINISTERS AND ADJUDICATORS<\/strong><\/p>\n

That which might be said of \u2018Prime Minister Gaston Browne,<\/strong>\u2019 is that \u2018Bus\u2019 <\/strong>is made for \u2018Maria and Gaston\u2019 <\/strong>to ride in. Not to be run over by \u2018Treacherous Ministers.\u2019<\/strong> Therefore, none may ask \u2018Prime Minister\u2019<\/strong> about \u2018D. Giselle Isaac, Algernon \u2018Serpent\u2019 Watt, <\/strong>and most recently, Harry Josiah\u2019s\u2019 <\/strong>mental \u2018Pain and Anguish,\u2019 <\/strong>said to have been caused by identifiable \u2018Cabinet Ministers\u2019 [ANR: Video: March 8, 2022]. <\/strong>\u00a0Even before aggrieve defendants have left the premises housing the \u2018Magistracy,\u2019 though not necessarily occurring with increasing frequency, the cries of the indigent and unrepresented defendants can be heard near and far. The apparent arbitrarily wielding of \u2018Magisterial Power\u2019<\/strong> was said to have been mentally felt.<\/p>\n

HORRIBLE EXPERIENCES<\/strong><\/p>\n

None may deny that adjudicators have \u2018Statutory Magisterial Powers\u2019<\/strong> as provided in the \u2018Magistrate\u2019s Code of Procedure (MCPA)\u2019 [A&B: Chapter 255].<\/strong> Still, an adjudicator shall not harbor the erroneous belief that \u2018unfettered magisterial powers\u2019<\/strong> reside in his office. Therefore, none shall act arbitrarily, contrarily or in any manner, capable of being visited by Courts of superior jurisdictions. The recent \u2018Horrible Experiences\u2019<\/strong> of defendant\/litigant \u2018Anderson Carty,<\/strong>\u2019 clearly speak to the apparent truth of \u2018Abuse of Magisterial Powers\u2019 [A&B: January 17, 2922].<\/strong> \u00a0Should \u2018Hope of Advantage\u2019<\/strong> be held out to a defendant that influenced a \u2018Plea of Guilty,\u2019<\/strong> such person may have been deceived into waiving his\/her \u2018Right\u2019 <\/strong>to a \u2018Full and Fair Trial.\u2019<\/strong> When such was intimidatory or threateningly entered, such constitutes \u2018Travesty.\u2019<\/strong><\/p>\n

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

Adjudicators and Police Court Prosecutors,\u2019 <\/strong>need no instructions, suggestions, nor unsolicited advice that it shall never be the pre-conceived idea or pre-judgment that persons appearing before the \u2018Magistrate\u2019s Courts\u2019 <\/strong>are \u2018Presumed Guilty.\u2019 <\/strong>Such presumption would not only be seen as reckless and injurious to a defendant, but also could be seen as a \u2018Travesty of Justice.\u2019<\/strong> Adjudicators, whether competent or incompetent, shall know that it is only when full trials are conducted, will they be positioned to make informed or rational determinations as to \u2018Guilt or Innocence.\u2019 <\/strong>Moreover, they shall know that their function is not merely to give and accept \u2018Facts of Case.\u2019<\/strong><\/p>\n

UN DOCTRINE\/CONSTITUTIONAL PROVISIONS<\/strong><\/p>\n

Unfortunately, familiarity with the \u2018UN Doctrine\u2019<\/strong> shall have guided adjudicators away from asking the constitutionally-presumed innocent defendants for \u2018Explanations,\u2019<\/strong> particularly, having entered \u2018Pleas of Not Guilty.\u00a0 <\/strong>Such apparently not being magisterially-observed, they shall know that the \u2018Constitution\u2019 <\/strong>unambiguously states that; \u2018\u2026Every person who is charged with a criminal offence, \u2018SHALL\u2019 be afforded facilities to examine in person or by his legal representative the witnesses called by the Prosecution before the Court.<\/strong>\u2019 Therefore, likened to the \u2018Word of God,\u2019 <\/strong>these are among the \u2018Provisions of the Constitution\u2019 [CO: 1981: Section 15 (2)]. <\/strong><\/p>\n

IGNORANCE AND UNFAMILIARITY<\/strong><\/p>\n

Further research has shown that the \u2018Short-Cut-Approach\u2019<\/strong> by \u2018Magistrates\u2019 take, and seemingly favored by some \u2018Defence Attorneys,\u2019<\/strong> was said to have caused consternation in several defendants. This was said to have occurred when for reasons of expediency or for \u2018Want of Defence Skill,<\/strong>\u2019 attorneys <\/strong>had chosen to function as \u2018Mitigators.\u2019 <\/strong>As it affects the right to \u2018Full Criminal Trial,\u2019 <\/strong>this is attainable only when \u2018Magistrates\u2019<\/strong> conduct and adjudicate in such trials. Their trials and tribulations often manifested themselves when the integrity and ability of practicing attorneys were seen as starved of scruples and professional competence, and adjudicators were seen as complicit facilitators. Consequent upon this, many defendants have been given reasons to believe that their \u2018Ignorance and Unfamiliarity\u2019<\/strong> with Court procedures and\/or proceedings, have been disadvantageously exploited.<\/p>\n

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

Those so appointed to adjudicate, know all too well that their handling of criminal Cases, shall not only show that justice was done, but shall \u2018Manifestly\u2019 <\/strong>be seen that it has been done. The dictum of \u2018Lord Chief Justice Gordon Hewart\u2019 [UK:1870-1943], <\/strong>has been referenced in many criminal trials. In his tenure, and under judicial considerations, he posited that \u2018\u2026Open Court proceedings protect defendants against arbitrary and partial decisions.\u2019 <\/strong>It could never be said that when the indigent unrepresented defendants appeared before \u2018Magistrates\u2019<\/strong> and coercively or threateningly entered \u2018Pleas of Guilty,\u2019<\/strong> they were given a fair opportunity to be heard.<\/p>\n

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

The \u2018Magistrate\u2019s Code of Procedure Act,\u2019<\/strong> makes it sufficiently clear to all that should a \u2018Defendant\u2019<\/strong> not admitting the truth of the charge, the \u2018Magistrate\u2019 shall hear the case by receiving evidence from the prosecutor.\u2019 <\/strong>Then upon the closing of the Case for the prosecution, if so called upon and if so opted, the adjudicator shall hear evidence as may be adduced by the defendant\u2019 [MCPA: Section 83: Chapter 255]. <\/strong>This is the point when adjudicators found that a \u2018Prima Facie Case\u2019<\/strong> has been made, and the \u2018Burden of Disproof\u2019<\/strong> shifts to a defendant. Even so, the \u2018Burden of Proof\u2019<\/strong> still resides with the \u2018Prosecution.\u2019<\/strong><\/p>\n

SERIOUS ETHICAL DILEMA<\/strong><\/p>\n

Yet, there are those \u2018Adjudicators,\u2019<\/strong> that were said to have been heavily reliant upon \u2018Guilty Pleas.\u2019<\/strong> That which has been reported has been an observable pre-occupation, issuing threats of greater punishments, if the \u2018Unrepresented defendants\u2019 were tried and found guilty. N<\/strong>ot only have some legal luminaries saw this \u2018Magisterial Practice\u2019<\/strong> as a grievous breach of \u2018Natural Justice,\u2019 <\/strong>but also a particular Law enforcement intellectual saw such defendants as facing \u2018Serious Ethical Dilemma.\u2019<\/strong> The constitutional provisions make it sufficiently clear even for \u2018First Formers\u2019<\/strong> of the \u2018Jennings Secondary School (JSS)\u2019<\/strong> to understand that \u2018Defendants\u2019<\/strong> shall be permitted to defend themselves before the Court.<\/p>\n

FACTS TAKING MAGISTRATES<\/strong><\/p>\n

Research has revealed that many defendants would rather take their defences to full ventilation of the facts. Many believe that in so doing, adjudicators will be better positioned to make proper magisterial assessment of the evidence of the Prosecution that they are legally-bound to prove their Cases \u2018Beyond Reasonable Doubt.\u2019 <\/strong>Given that which was reportedly trending within the \u2018Magistracy,\u2019<\/strong> those that shall have been \u2018Adjudicating\u2019<\/strong> would have been seen as substituting their magisterial function to mere \u2018Facts Taking.\u2019 <\/strong>This occurs only when defendants reportedly placed under threat of conviction, entered \u2018Pleas of Guilty.\u2019<\/strong><\/p>\n

GRIMINAL JUSTICE SYSTEM<\/strong><\/p>\n

It is well known that defendants with the financial capability in retaining practicing attorneys, have purposefully done so to mount criminal defence at their trials. Anticipating that there may be financial challenges, the provision made it optional for defendants to represent themselves, either; (a) \u2018\u2026In person; or (b) \u2026By a legal practitioner of his own choice\u2019 [CO: 1981: Section 15 (2) (d)]. <\/strong>\u00a0Research has shown that a very small minority of the \u2018semi-skilled legal practitioners have shown little versatility in \u2018Civil or<\/strong> Criminal Practice.\u2019<\/strong> Ignorant of their professional competence, the \u2018Innocent and Unsuspecting\u2019<\/strong> defendants were said to have been hoodwinked into entering \u2018Pleas of Guilty.\u2019 <\/strong><\/p>\n

GUILTY PLEA APPROACH<\/strong><\/p>\n

Today, seemingly favoring the \u2018Guilty Plea Approach,\u2019<\/strong> some \u2018Adjudicators\u2019<\/strong> could care less about long established authorities herein referred in this commentary. It was well known that when there were no conducted trials, the inexperienced \u2018Magistrates\u2019<\/strong> were placed at a \u2018Great Disadvantage.\u2019 <\/strong>This would have been consequential of not being positioned to adjudicate and in the process, develop their skill. This happens when there was no opportunity for adjudicating \u2018Magistrates\u2019 <\/strong>to observe the demeanor of witnesses, their credibility and to assess the truthfulness and cogent way the evidence adduced to the Court was delivered.<\/p>\n

MERIT- ABILITY- INTEGRITY<\/strong><\/p>\n

Specific to public office appointments, the constitutionally-stipulated principles speak to positions within a person\u2019s professional competence, as well as provisions for those holding reasonable expectations for advancement. Very prudently inserted into the \u2018Constitution Order,\u2019 is a criterion that speaks to; (a) \u2018\u2026Merit; (b) \u2026Ability; and (c) \u2026Integrity\u2019 [CO: 1981: Principle- B].<\/strong> By the very insertions, persons so considered shall know that their appointment speaks to \u2018Public Trust.\u2019<\/strong> Thus, they shall not only bring functional value to \u2018Public office,\u2019<\/strong> but also add \u2018respectability, dignity and integrity\u2019<\/strong> to such office. Those holding positions on the \u2018Magistracy\u2019 <\/strong>shall know that they are not exceptional.<\/p>\n

CONSTITUTIONAL CRITERION<\/strong><\/p>\n

Therefore, those holding certain offices within governmental institutions, shall never be perceived as opportunistically filling positions, not only for reasons of expediency or merely for \u2018Gainful Employment,\u2019<\/strong> but also without the requisite skills and competencies. They shall not be abusive, neither by wielding \u2018Power and Authority,\u2019<\/strong> vexatiously, acrimoniously or with impunity. Well-placed observers know, and have caused reasonable inferences to be drawn, that some appointments may not necessarily have been made on the \u2018Constitutional Criterion,\u2019<\/strong> but as the result of environmental influences.<\/p>\n

SHORT-CUT-APPROACH<\/strong><\/p>\n

Respecting the infrastructure housing the nation\u2019s \u2018Magistrates\u2019 Courts,\u2019<\/strong> conspicuous to the public, has been the pathetic and woeful state of disrepair. Every structure seems to be in dire need of repair. Such state could not be reasons for apportioning blame for the apparent incompetence or laziness in adjudication of summary criminal cases. The current state of affairs obtains in some Courts speak to an urgent need of a \u2018Magistrate\u2019s Guide Manual.\u2019<\/strong> While some conscientiously sit and adjudicate, a very small minority seemed to have savored the \u2018Short-Cut Approach\u2019 <\/strong>offered by \u2018Guilty Pleas.\u2019<\/strong> Little do they know that such approach has the effect of stymieing their own adjudicating ability and advancement. Even with such assertion, in some jurisdictions, some adjudicators appeared to have been placed in holes not made for \u2018Square Pegs.\u2019<\/strong><\/p>\n

APPOINTMENT TO MAGISTRACY<\/strong><\/p>\n

Lest it might be misconstrued, let it be said that no \u2018Round Pegs\u2019 <\/strong>could ever fit snugly into \u2018Square Holes.\u2019<\/strong> However, as circumstance necessitate or situations demand, a \u2018Square Peg\u2019<\/strong> can be purposefully placed into any \u2018Round Hole.\u2019 <\/strong>None may deny that persons appointed to the \u2018Magistracy,\u2019 are charged with the \u2018Administration of Justice.<\/strong>\u2019 These judicial officers appear to have been overjoyed to have secured appointments within the \u2018Magistracy.\u2019<\/strong> Seemingly, there may have been a few that may have been \u2018Financially Malnourished\u2019<\/strong> from their private legal practice. In consequence of their appointment to the \u2018Magistracy,\u2019 none may ignore the essentiality of their \u2018Magisterial Role and Functions\u2019 of those appointees. Since necessity knows no law, these are suitable to fit anywhere. Invariably, however, one or two may become problematic.<\/p>\n

TORTUROUSLY MISERABLE<\/strong><\/p>\n

Among this few, are seemingly those that appear hell bent in making the life of the indigent members of society \u2018Torturously Miserable.\u2019 <\/strong>In recent times that which seemed to have bedeviled the unrepresented defendants and the silent practicing attorneys, has been the apparent arbitrary way identifiable few adjudicators were said to have been performing their \u2018Magisterial Functions.\u2019 <\/strong>The \u2018Short-Cut-Approach,\u2019<\/strong> clearly does not position \u2018Magistrates\u2019<\/strong> to become adept, efficient or proficient at adjudication. That which judicial officers shall know, is that Courts shall be mindful of the \u2018Inherent Danger\u2019<\/strong> in criminal investigations. They are also aware of the potential for self-incriminating jeopardy constantly facing persons suspected, accused of, or charged for acts of criminality.<\/p>\n

UNREPRESENTED DEFENDANTS<\/strong><\/p>\n

The \u2018Unrepresented Defendants,\u2019<\/strong> left to conduct their defence were said to have been pre-maturely seen as guilty of committing the offence charged. Several have confided in trusted sources, that even before \u2018Police Court Prosecutors\u2019<\/strong> were called upon to commence the prosecution, defendants were asked to provide \u2018Explanations\u2019<\/strong> on the particular incident.\u00a0 Such was attributed to a few judicial officers that had shown scant regard to the constitutional provisions. Such provision states; \u2018\u2026An accused person shall obtain the attendance, and carry out examination of witnesses to testify on his behalf, and on the same conditions as those apply by those called by the prosecution\u2019<\/strong> [CO: 1981: Section 15 (2) (e)].<\/strong><\/p>\n

CASE DISPOSAL PROCESS<\/strong><\/p>\n

None may deny that in most jurisdictions within the \u2018OECS,<\/strong>\u2019 acceptance of \u2018Pleas of Guilty\u2019<\/strong> are all part of the \u2018Case Disposal Process.\u2019<\/strong> Such, however, is advantageous only to the expeditious disposal of summary criminal cases, but seem not to enhance the quality of magisterial adjudication. Whether or not the novelty of the position of \u2018Magistrate\u2019<\/strong> excites the ego of the small minority of \u2018Adjudicators\u2019<\/strong> or magisterial power surges to the brain, these were said to have become embittered, and constantly ranting and raving. Such un-magisterial-like exhibitions, were said to have occurred in certain Courts, where the legally unrepresented defendants had pleaded \u2018Not Guilty.\u2019<\/strong><\/p>\n

MAGISTRACY AND ADJUDICATION<\/strong><\/p>\n

That which shall be understood, is that the \u2018Magistracy and Adjudication\u2019<\/strong> are not just about accepting \u2018Guilty Pleas,\u2019<\/strong> or call for the \u2018Presentation of Facts.\u2019 <\/strong>Without subscription to the \u2018Oath\/Affirmation,\u2019<\/strong> such \u2018Facts\u2019 would not have been given the \u2018Litmus Test\u2019<\/strong> of \u2018Cross or Re-examination.\u2019<\/strong> That which shall be considered; (a) \u2018\u2026Procedurally wrong; (b) \u2026unreasonable; and Unfair,\u2019 was that before the \u2018Unrepresented Defendants\u2019 were called upon to take such subscription or to say, \u2018So Help Me, God,<\/strong>\u2019 \u2018Adjudicators\u2019 were said to have concluded the defendants were as \u2018Guilty\u2019 <\/strong>as the \u2018Judas Iscariot,\u2019<\/strong> who was scripturally reported to have betrayed \u2018Jesus Christ,\u2019 <\/strong>not just with a \u2018Treacherous Kiss,\u2019<\/strong> but also for \u201830 Silver Coins\u2019 [Matthew 26: 15].<\/strong><\/p>\n

DEVELOPING COMPETENCIES<\/strong><\/p>\n

Though not necessarily for their non-lucrative privilege positions, \u2018Magistrates\u2019<\/strong> shall be seen as being more appreciative of their unique role in an institution responsible for the administration of justice. Respecting the \u2018Development of Competencies,\u2019<\/strong> likened to the \u2018Facts Taking Magistrates,\u2019<\/strong> \u2018Police Court Prosecutors\u2019 would have been in no better positioned to develop their \u2018Prosecutorial Skill.\u2019<\/strong> This has always been the case when no \u2018Evidence in Chief\u2019 <\/strong>was adduced for magisterial consideration. Conversely, there would have been no opportunity for \u2018Defence Attorneys\u2019<\/strong> to vigorously \u2018Cross Examine\u2019 <\/strong>witnesses for the prosecution.<\/p>\n

MINISTERIAL URGENCY<\/strong><\/p>\n

Equally as much, \u2018Police Court Prosecutors\u2019<\/strong> shall always endeavor to develop their \u2018Prosecutorial Skills,\u2019 <\/strong>so too shall \u2018Defence Attorneys\u2019<\/strong> seek to enhance their skills, as well as or develop the \u2018Technique of Persuasion.\u2019<\/strong> There are those practicing attorneys who expects that where public confidence appeared to have been shattered and Magistrates appear to frustrate the cause of justice, with some degree of \u2018Ministerial Urgency,\u2019<\/strong> some decisive remedial action shall be considered. This shall not only bring respite to the aggrieved, but also help in making the \u2018Magistracy a Bastion of Hope.\u2019<\/strong> By so doing, it shall help in restoring its tarnished \u2018image, dignity and integrity.\u2019<\/strong><\/p>\n

GREAT CROSS EXAMINERS<\/strong><\/p>\n

In summary criminal cases, where \u2018Pleas of Guilty\u2019<\/strong> have been entered, irrespective of the superiority of intelligence, handsomeness, beauty, laziness or crassness,\u2019 no \u2018Magistrate\u2019 <\/strong>shall claim that he\/she has adjudicated in such matters.\u00a0 Conversely, without trial, no \u2018Defence Counsel\u2019<\/strong> shall claim to have defended his\/her client. Research has shown that there were some truly great advocates. They were identified in the persona of \u2013 \u2018Sir Edward Marshall Hall [1858-1927] <\/strong>and William Norman Birkett\u2019 [1883-1962].<\/strong> They were said to have been especially gifted, both from birth and by nature.\u2019<\/p>\n

PATIENCE- APPLICATION- PRACTICE<\/strong><\/p>\n

In spite of the apparent limited opportunity to gain more professional experience as to become more adept, \u2018Adjudicators, Police Court Prosecutors\u2019 and in particular, \u2018criminal law Defence Counsels\u2019 may elect to go to full trial, as opposed to advising \u2018Pleas of Guilty.\u2019<\/strong> By such approach they would be positioned to develop \u2018Re-examination Skill.\u2019<\/strong> Researchers have revealed that; \u2018\u2026The vast preponderance of skilled and successful advocates, have done little than acquired a technique; \u2026One that any person of reasonable \u2018Intelligence and Aptitude\u2019<\/strong> can acquire by \u2018Patience, Application and Practice\u2019 [1971:<\/strong> David Napley: Technique of Persuasion: Preparation for Trial:<\/strong> Page 1]. These could never be achieved through \u2018Pleas of Guilty.\u2019<\/strong><\/p>\n

PRINCIPLE- NON-SELF-INCRIMINATION <\/strong><\/p>\n

There have been very good reasons for the \u2018Non-self-Incriminatory Principle.\u2019<\/strong> Such principle states; \u2018\u2026No person may incriminate him\/herself in any criminal wrongdoing.\u2019 <\/strong>This was provided for the protection of the innocent against abuse of powers, particularly by those investigating crimes.\u2019 Magistrates shall know that only by holding full criminal trials, positions them to assess the \u2018Totality of the Evidence\u2019 <\/strong>adduced to the \u2018Court.\u2019 <\/strong>In their respective roles, adjudicators and police court prosecutors, as well as practicing attorneys retained as defence counsels, may find a principle that has been established knowledgably useful. Such principle has long been explained in the Case: \u2018Blunt v Park Lane Hotel Ltd\u2019 [1942].\u00a0 <\/strong><\/p>\n

SELF-REPRESENTATION<\/strong><\/p>\n

In that explanation, apart from the constitutional \u2018Presumption of Innocence\u2019 [CO: 1981: Section 15],<\/strong> the principle provides protection against (a) \u2018\u2026Being wrongfully charged; (b) \u2026Criminally penalized; and (c) \u2026Forfeit property legitimately acquired.<\/strong>\u2019 Even more instructive, has been the right to \u2018Self- Representation\u2019<\/strong> before the Court. Such right has not only been derivative from \u2018Common Law,\u2019 <\/strong>but also widely recognized and practiced long before those that, adjudicate, prosecute and defend, cried to be breast fed. Consequent upon this provision, it is incumbent upon \u2018Adjudicators\u2019 <\/strong>to know that they have a \u2018Magisterial Responsibility\u2019<\/strong> in offering protection to the unrepresented defendants.<\/p>\n

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

In some jurisdictions within \u2018Organization of Eastern Caribbean States (OECS),\u2019<\/strong> for whatever reasons, the vast majority of legal practitioners appeared to have resigned themselves to a \u2018Civil or Litigating Practice.<\/strong>\u2019 Conversely, several have embarked upon a practice in \u2018Criminal Law.\u2019<\/strong> Recently expressing tribute to veteran legal practitioner and \u2018Pro Bono Service Provider, John E. Fuller,\u2019 \u2018Bar Council, \u2018President Lenworth Johnson\u2019 <\/strong>[Antigua and Barbuda] spoke to the issue of a \u2018Criminal Practice.\u2019 <\/strong>He posited that; \u2018\u2026Lawyers are shying away from criminal law [Observer: October 18, 2021].<\/strong><\/p>\n

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

This suggested that only a few practicing attorneys have been so engaged and may so be retained. Consequently, the \u2018Bar Council President\u2019<\/strong> has urged its membership to extend the legal profession to a \u2018Criminal Practice.\u2019<\/strong> Such has the advantage in making practicing attorneys more proficient and retainable. From the approximately \u2018200 fraternal members,\u2019 <\/strong>though many more, this has seen a short list of the \u2018\u2026Dane Hamiltons QC: \u2026Lawrence Daniels; \u2026Wendell Robinsons; \u2026Cosbert Cumberbatch\u2019s: \u2026George Lakes: \u2026Gail Christians; \u2026Sherryann Bradshaw\u2019s; \u2026Kendrickson Kentish\u2019s: \u2026Michael Archibalds; \u2026Dr. David Dorsetts; \u2026Leon \u2018Chaku\u2019 Symisters; \u2026Andrew Okolos: and \u2026Pete McKnights,\u2019 <\/strong>with virtually no competitiveness.<\/p>\n

ACCESS TO REPRESENTATION<\/strong><\/p>\n

When the issue of a \u2018Public Defender\u2019s Office\u2019<\/strong> was reportedly raised by \u2018Senior Crown Counsel Adlai Smith,<\/strong>\u2019 this was welcomed. Supportive of the idea, \u2018Attorney General and Justice and Legal Affairs Minister, \u2018Steadroy \u2018Cutie\u2019 Benjamin,\u2019 <\/strong>embraced the idea by assuring a gathering of legal colleagues. He responded; \u2018\u2026It is my administration intention that every \u2018man or woman\u2019 who appears before the Court has access to good representation, in either criminal or civil matters regardless of their financial capabilities\u2019<\/strong> [Observer: October 18, 2021].<\/p>\n

ANYTHING- BUT ELECTRONIC<\/strong><\/p>\n

Whatever generation or whoever such \u2018Public Defenders Office\u2019 <\/strong>shall be serve, one may quicker see a \u2018LadyBoy\u2019<\/strong> posting on social media something inferentially thought-provoking or damning. Moreover, one may hear a person answering to the name \u2018Washington Emanuel Bramble,\u2019 <\/strong>and genuflecting in a lady-like manner before \u2018Acting Chief Magistrate Dexter Wason.\u2019 <\/strong>Such appearances may be for anything, but an offence under the \u2018Electronic Crimes Act (ECA)\u2019 [No.14 of 2013].<\/strong><\/p>\n

HARBORING ILLUSIONS<\/strong><\/p>\n

None may \u2018Harbor Illusions\u2019 <\/strong>over the \u2018LadyBoy\u2019s<\/strong> apparent escape from committal proceedings. Such, if followed through, could see the \u2018Directions\u2019 of \u2018Acting Director of Public Prosecutions (DPP) Joanne Walsh\u2019 [Section 26].<\/strong> Thus, if for any other reason he \u2018Rambled\u2019<\/strong> his way back into \u2018Contentious Face Book Postings,\u2019<\/strong> there may still be no \u2018Shock and Awe.\u2019<\/strong> For there shall be no \u2018Committal Proceedings or Trial in Camera.\u2019<\/strong> Should the \u2018Cantankerous Washie\u2019<\/strong> then opts for the \u2018Trial by Judge Alone Mode,\u2019<\/strong> male\/female, such \u2018Judge\u2019<\/strong> shall sit only where \u2018Judges\u2019<\/strong> are supposed to sit. The Accused shall sit in the \u2018Accused Box,\u2019<\/strong> buffered by the \u2018Provost Marshall <\/strong>and Commissioner of Police, Atlee Rodney QPM.\u2019 <\/strong><\/p>\n

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

In its application to \u2018Pleas of Guilty,\u2019<\/strong> this dictum seems most relevant to this commentary. Given this perspective, \u2018Magistrates\u2019<\/strong> shall not \u2018Sit in Anticipation\u2019<\/strong> that persons appearing for trial will enter \u2018Pleas of Guilty\u2019 <\/strong>would be entered, <\/strong>then simply call on \u2018Police Court Prosecutors\u2019<\/strong> to present \u2018Facts.\u2019 <\/strong>Such appears to be rapidly developing into a \u2018Magisterial Trend\u2019<\/strong> that has seen more \u2018Guilty Pleas and Pleas in Mitigation,\u2019 <\/strong>than actuality of trials. Frequently, with \u2018Sheets of Antecedents,\u2019<\/strong> longer than the \u2018156-mile-long Jordan River\u2019 [Israel],<\/strong> a very small minority of practicing attorneys were said to have befuddled the minds of clients as to have influenced beliefs that Courts will not impose upon them \u2018Custodial Sentences.\u2019 <\/strong>However, late in the afternoon, many \u2018Self-Convicted Clients\u2019<\/strong> reportedly came to the realization that penalty of a term in \u2018Institutionalized Residency,\u2019 saw<\/strong> them being placed under lockdown by \u20185 pm,\u2019 <\/strong>even bef<\/p>\n

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

RAWLSTON POMPEY In a nation that speaks to the; (i) \u2018\u2026Supremacy of God; (ii) \u2026Its sovereignty: (iii) \u2026A society of free men and women; and (iv) \u2026Free institutions\u2019 [CO: 1981: Principle: A], among the community of nations, it shall consider itself civilize. However, given the unpredictable nature of humans, such dictated a social control mechanism. […]<\/p>\n","protected":false},"author":3,"featured_media":141994,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-147688","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nThe Guilty Plea Magistrates - 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\/the-guilty-plea-magistrates\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Guilty Plea Magistrates\" \/>\n<meta property=\"og:description\" content=\"RAWLSTON POMPEY In a nation that speaks to the; (i) \u2018\u2026Supremacy of God; (ii) \u2026Its sovereignty: (iii) \u2026A society of free men and women; and (iv) \u2026Free institutions\u2019 [CO: 1981: Principle: A], among the community of nations, it shall consider itself civilize. 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