{"id":149090,"date":"2022-04-04T13:48:19","date_gmt":"2022-04-04T17:48:19","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=149090"},"modified":"2022-04-04T14:32:05","modified_gmt":"2022-04-04T18:32:05","slug":"justice-john-absurdly-and-absolutely-wrong","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/","title":{"rendered":"Justice John: Absurdly And Absolutely Wrong"},"content":{"rendered":"
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by Rawlston Pompey<\/strong><\/p>

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RAWLSTON POMPEY<\/strong><\/p>\n

Likened to many other accused persons, it can be no exaggeration that the \u2018Criminal Justice System\u2019<\/strong> appeared to have failed indicted accused \u2018Harry Josiah and co- accused Genevieve Phillip.\u2019 <\/strong>The delayed 5-year trial by a \u2018Jury of their Peers,\u2019 <\/strong>appeared equally in breach of the constitutional provision as has been the apparent \u2018Absurdly and Absolutely Wrong\u2019<\/strong> in extra-judicially altering a previously delivered \u2018Trial Decision\u2019<\/strong> by \u2018His Lordship, Justice Stanley John.\u2019 \u00a0<\/strong><\/p>

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SEQUENCE OF EVENTS<\/strong><\/p>

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It was a course of action that clearly speaks to acrimonious instigation without \u2018Cabinet Approval.\u2019<\/strong> The sequence of events firstly started with an investigation that \u2018Prime Minister Gaston Browne\u2019<\/strong> publicly intimated was ordered by a then \u2018non-port folioed Minister\u2019 <\/strong>and \u2018non-Cabinet Member\u2019 Dean Jonas\u2019 [Pointe FM: March 5, 2022].<\/strong> If it were not so, now assigning a portfolio with Ministerial responsibility for \u2018Gender Affairs,\u2019 he may have refuted such assertions. Having so clandestinely engineered the investigation, he reportedly caused it to be undertaken by a private \u2018Fraud Investigator, Kem Warner\u2019 [2015].<\/strong><\/p>\n

PERSPECTIVE<\/strong><\/p>

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In any criminal trial that allows a single \u2018Judicial officer\u2019<\/strong> to act as (i) \u2018\u2026Judge of Law; (ii) \u2026Judge of Facts: (iii) \u2026Jury of peers of accused; and (iv) \u2026Requires to determine, and return a verdict of innocence or guilt,\u2019 t<\/strong>hen on returning either one, know that either for the \u2018Prosecution or Defence,\u2019<\/strong> there will not only be prosecutorial horrors, but also public dissent. This commentary therefore, focuses primarily on; (i)<\/strong> \u2018\u2026Difficult \u2018Fictional dual role of Judge and Jury:<\/strong> (ii)<\/strong> \u2026The behavior of the Judiciary in the \u2018Harry Josiah\/Genevieve Phillip Trial: (iii) \u2026Submission of No Case to Answer: (iv) \u2026Calamitous Judicial Decisions <\/strong>by a Judge who appeared to have been as confused as the \u2018Criminal Proceedings (Trial by Judge Alone) Act; <\/strong>and (v) \u2026 Sections 1, 7, 8 and 9<\/strong> of the said Act\u2019 [CPJATA: No. 8 of 2021].<\/strong><\/p>\n

12-COUNT INDICTMENT<\/strong><\/p>

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In the \u201812-Count Indictment\u2019<\/strong> against \u2018Harry Josiah and Genevieve Phillip\u2019<\/strong> for alleged \u2018Fraudulent and Corrupt behavior,\u2019 the \u2018Judicial Decision of His Lordship, Justice Stanley John\u2019<\/strong> reflects those representing the \u2018Crown Prosecution (DPP)\u2019<\/strong> as well the attorney representing the accused. These were identified as contracted practicing attorney \u2018Andrew Okolo,\u2019<\/strong> assisted by \u2018Junior Crown Counsel Cedric Dyer,\u2019 and Queen\u2019s Counsel Dane Hamilton Sr\u2019<\/strong> [February 23rd,<\/sup> 24th<\/sup>, 25th<\/sup>, and 28th<\/sup>: March 1st<\/sup>, 2nd<\/sup> and 4th<\/sup>, 2022]. <\/strong><\/p>

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

It is expected that any person arrested and charged with a criminal offence shall, with reasonable promptitude be tried for such offence. In recent times, this has not been the case for many accused persons. In the instant case, it was obvious that breaches of provisions contained in the Constitution to expedite criminal trials may have been occasioned. For several grueling years, \u2018former General Manager of the Antigua and Barbuda Transport Board (ABTB), \u2018Harry Josiah\u2019 <\/strong>and a former female employee\/ co-accused \u2018Genevieve Phillip,\u2019 through no fault of theirs, <\/strong>have been on the \u2018Indicted Trial List\u2019<\/strong> for quite some time.<\/p>\n

PRIMA FACIE CASE<\/strong><\/p>\n

Their trial first got under way without a \u2018Jury of their Peers\u2019<\/strong> [November, 2021]<\/strong>,\u2019 but seemed to have been aborted by judicially-assigned \u2018Trial Judge, His Lordship Justice Stanley John.\u2019<\/strong> The Prosecution, having led several witnesses for the Prosecution, closed its case after; (i) \u2018\u2026Examination-in-Chief; (ii) \u2026 Defence Cross Examination; and \u2026Prosecutorial Re-examination.<\/strong>\u2019 The \u2018Defence Counsel Dane Hamilton Sr, Queen\u2019s Counsel\u2019<\/strong> submitted that there was \u2018No Case to Answer,\u2019<\/strong> as on the face of the evidence, no properly directed \u2018Jury\u2019<\/strong> could convict the accused. He further submitted that the evidence adduced by \u2018Crown Prosecutor,\u2019 <\/strong>led by contracted practicing attorney, \u2018Andrew Okolo\u2019<\/strong> had failed to show that a \u2018Prima Facie Case\u2019<\/strong> had been made out against the accused. \u00a0<\/strong><\/p>\n

JURY OF PEERS<\/strong><\/p>\n

On the advent of the infectious, deadly and disruptive \u2018Covid-19 Pandemic,\u2019<\/strong> it has not only negatively impacted every sphere of human socialization and interaction, but also every institution, including the \u2018Judiciary.\u2019<\/strong> Then, there came a time when indicted criminal trials showed inordinate delays. This also saw a serious backlogging of \u2018Criminal Indictments\u2019<\/strong> pending trial. Consequent upon these, persons on remand in custody and on bail and awaiting to stand trial by a \u2018Jury of their Peers,\u2019 <\/strong>became anxious and were agonized at the situation. Many accused persons and many legal practitioners found the situation untenable and disgustedly unacceptable.<\/p>\n

SUN SET LEGISLATION<\/strong><\/p>\n

Legislators not only recognized the gravity of the situation and the psychological impact on accused persons awaiting trial, but also the serious prosecutorial challenges that came upon the office of the \u2018Director of Public Prosecutions (DPP).\u2019 <\/strong>Responding to these challenges, lawmakers decided upon a legislative way out. Thus, expediently, it saw the introduction of a \u2018Sunshine Legislation.\u2019 <\/strong>For all intents and purposes, it was given the long title; \u2018Criminal Proceedings (Trial by Judge Alone) Act.\u2019<\/strong> This provides for an unprecedented \u2018Mode of Trial.\u2019<\/strong> In its \u2018Preliminary Part-1,\u2019<\/strong> it provides two timelines; (i) \u2018\u2026The Act shall come into force on a date to be appointed by the Minister; and (ii) \u2026It shall remain in force for a period from the date so appointed\u2019 [Section 1 (1) and (2): No. 8 of 2021].<\/strong><\/p>\n

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

Instructively, given great urgency, and the need to expedite \u2018High Court Trials,\u2019<\/strong> the \u2018Act\u2019<\/strong> appeared to have been passed faster than the time \u2018Bahamas Hot Mixed Company\u2019<\/strong> took to complete re-construction of the \u2018Sir George H. Walter Highway.<\/strong>\u2019 Even before it may have been \u2018Moved and Seconded,<\/strong>\u2019 for votes on its passage, after the \u2018Collection of Voices\u2019<\/strong> for \u2018Ayes or Noes,\u2019 <\/strong>it was a \u2018Foregone Conclusion.\u2019<\/strong> For; (i)<\/strong> \u2018\u2026It was overwhelmingly passed by the House of Representatives\u2019 [May 6, 2021];<\/strong> (ii)<\/strong> \u2026Similarly, an overwhelming majority of \u2018Senators\u2019<\/strong> passed it through the Senate\u2019 [May 19, 2021].<\/strong><\/p>\n

CRACK OF DAWN<\/strong><\/p>\n

Then at the \u2018Crack of Dawn,\u2019<\/strong> it was given \u2018Royal Assent\u2019<\/strong> by \u2018Governor General, His Excellency Sir Rodney Williams KGM, GCMG\u2019 [May 28, 2021].<\/strong> Before the insects had ceased their nocturnal sounds, and the cock stopped crowing, it came into force [June 7, 2021:<\/strong> Montserrat Alive].<\/strong> Then by mid-morning the \u2018Judge Alone Trial\u2019 <\/strong>commenced [July 8, 2021]. <\/strong>Moreover, before \u2018Prime Minister Gaston Browne\u2019 <\/strong>could \u2018Squeal and Reveal\u2019<\/strong> the name of one of his parliamentary colleagues that engineered the prosecution [Pointe FM: March 5, 2022],\u2019 <\/strong>both \u2018Harry Josiah and Genevieve Phillip\u2019 <\/strong>had been discharged by a \u2018One-Man-Judge\u2019 [March 4, 2022]. <\/strong><\/p>\n

FICTIONAL 12-MEMBER JURY<\/strong><\/p>\n

Incidentally, except the \u2018Trial Judge\u2019<\/strong> himself the \u2018Fictional 12-member Jury,\u2019<\/strong> in reality there was no \u2018Jury\u2019<\/strong> to be so directed. Instructively, the statutory provision in the \u2018Act\u2019 <\/strong>makes it \u2018Fictional.\u2019<\/strong> None may harbor illusions that the conduct of \u2018Judge Alone Criminal Trials,\u2019<\/strong> is merely a formality as the \u2018Act,\u2019 seems to imply. Instead, it allows for a \u2018Judge\u2019<\/strong> to perform the dual functions of \u2018Judge and Jury.\u2019<\/strong> Thus, it states; \u2018\u2026Where a trial is conducted without a Jury, the Judge shall have all the power, authority and jurisdiction of a Jury.\u2019<\/strong> This provision not only allows a \u2018Trial Judge\u2019<\/strong> to function as; (i) \u2018\u2026The normal 12-member Jury; (ii) \u2026Foreman of the Jury: <\/strong>but also (iii) \u2026Judge of Facts; and (iv) \u2026Judge of Law.\u2019<\/strong> In other words, the lone \u2018Judge\u2019 represents \u201813 persons\u2019<\/strong> in \u2018One human being\u2019<\/strong> [CPJATA: Section 7].<\/p>\n

NOTES OF EVIDENCE<\/strong><\/p>\n

These in effect, mean that a \u2018Trial Judge\u2019<\/strong> shall; (a)<\/strong> \u2018\u2026Receive into the \u2018Notes of Evidence\u2019<\/strong> (b)<\/strong> \u2026Receive legal submissions and entertain arguments from both sides: (c)<\/strong> \u2026Fully assess and accordingly, make rulings based on rationality and relevancy; and (d)<\/strong> \u2026Reject that which is considered irrelevant, unsupportive, irrational and unreasonable.\u2019 These shall all be recorded contemporaneously. In the instant case, given the voluminous pile of \u2018Documents\u2019 read into evidence, no matter how well-adept, and how well-experienced, befuddling the brain of any \u2018Judicial Officer\u2019<\/strong> attaining the scriptural age of \u2018three scores and ten-years,\u2019 <\/strong>was always going to be challenging for; (i) \u2018\u2026Himself; (ii) \u2026Crown Prosecutors; and (iii) \u2026Defence Counsel.\u2019<\/p>\n

EVIDENTIARY DUTY<\/strong><\/p>\n

Every \u2018Crown Prosecutor\u2019<\/strong> knows that not only is the \u2018Burden of Proof\u2019<\/strong> rests with the \u2018Prosecution,\u2019 but also an evidentiary duty to take its case beyond the threshold of establishing a \u2018Prima Facie Case.\u2019<\/strong> In all criminal proceedings, the latter has always been the first hurdle to overcome so as to go on the defence. Invariably, \u2018Defence Counsels\u2019<\/strong> would seek to ensure that such hurdle was not overcome. A well-known potent \u2018Defence Strategy\u2019<\/strong> that many have used, has been the \u2018Submission of no Case to Answer.\u2019 <\/strong>The authoritative cases on this point have been the well-known \u2018R v Galbraith and Ellis Taibo<\/strong>\u2019 Cases [1987: 2 AER: 1060: & 1996: JCPC: 1WLR: 1039],<\/strong><\/p>\n

NO CASE TO ANSWER<\/strong><\/p>\n

Interestingly, those that have legislated the \u2018Criminal Proceedings (Trial by Judge Alone) Act,\u2019<\/strong> anticipated that some \u2018Defence Counsels\u2019<\/strong> may use such strategy. They also anticipated that some trials could be shortened, should evidence adduced by the \u2018Prosecution\u2019<\/strong> fell woefully short of that legally required to establish a \u2018Prima Facie Case.\u2019<\/strong> Providing for such an eventuality, they inserted and interpretation of a \u2018Decision of a High Court Judge.\u2019<\/strong> This was said to mean; (i)<\/strong> \u2018\u2026A verdict of guilty or not guilty: (ii) \u2026Decision on a \u2018No Case to Answer:<\/strong> and (iii)<\/strong> \u2026Any other ruling made; (a)<\/strong> \u2026Before trial (Submission in Limine);<\/strong> or (b)<\/strong> \u2026During the course of a criminal trial against an accused person which effectively brings the trial to an end\u2019<\/strong> [CPTJA: Section 2].<\/p>\n

DICTUM OF LORD LANE<\/strong><\/p>\n

The Defence, relied upon, and guided by criterion and legal principles contained in the Cases; \u2018R v George Charles Galbraith [1981] and Ellis Taibo v R,\u2019 \u2018Queen\u2019s Counsel, Dane Hamilton Sr\u2019<\/strong> made a \u2018Submission of no Case to Answer.\u2019<\/strong> Contending that the \u2018Prosecution\u2019<\/strong> had not established a \u2018Prima Facie,\u2019 <\/strong>sufficient to put the accused on their defence. Citing the \u2018Dictum of<\/strong> Lord Geoffrey Dawson Lane\u2019 [1980-1992],<\/strong> the \u2018All-in-One Jury\/Judge\u2019, \u2018His Lordship Justice Stanley K. John.\u2019 <\/strong>may have been given a \u2018Brain Teaser.\u2019 <\/strong>The first part of the \u2018Dictum\u2019<\/strong> states; \u2018\u2026If there is no evidence that the crime alleged has been committed by the \u2018Accused,\u2019 there is no difficulty; the Judge will of course, stop the case.\u2019<\/strong><\/p>\n

SECOND PART OF DICTUM<\/strong><\/p>\n

The \u2018Second Part of the Dictum,\u2019 <\/strong>may not necessarily have been helpful to the \u2018Crown Prosecutor Andrew Okolo.\u2019 <\/strong>It states; \u2018\u2026The difficulty arises where there is some evidence, but it is of a tenuous character;\u2019 \u2026For example, because of inherent weakness or vagueness and because it is inconsistent with other evidence.\u2019 <\/strong>The \u2018Dictum\u2019 <\/strong>provides a rational way out. Thus, it further states; \u2018\u2026Where the Judge comes to the conclusion that the \u2018Crown\u2019s Evidence,\u2019<\/strong> taken at its highest in such that a \u2018Jury\u2019<\/strong> could not properly convict on it, it is his duty on a \u2018Submission being made to stop the case\u2019<\/strong> [Paragraphs 1 and 2].<\/p>\n

CROWN\u2019S EVIDENCE: STRENGTH\/WEAKNESS<\/strong><\/p>\n

Consistent with, and compliant with a particular provision in the \u2018Act,\u2019<\/strong> as it pertains to a Judge\u2019s \u2018Reasons for Decision,\u2019 <\/strong>His Lordship\u2019 notes; \u2018\u2026Mr Hamilton relied on the second limb of \u2018Galbraith\u2019<\/strong> in support of his submission of there being \u2018No Case to Answer.\u2019 <\/strong>Further reviewing and assessing the evidence, \u2018Lord Lane\u2019s Dictum,\u2019 <\/strong>may have influenced different thoughts in the \u2018Trial Judge. Such \u2018Dictum\u2019 continues; (i) \u2018\u2026Where, however, the \u2018Crown\u2019s Evidence\u2019<\/strong> is such that its \u2018Strength or Weakness\u2019 <\/strong>depends on the view to be taken of a witness, are generally speaking, within the province of the Jury; and (ii) \u2026Where one possible view of the facts, there is evidence on which the \u2018Jury\u2019 could properly come to the conclusion that the Defendant is guilty, then the Judge should allow the matter to be tried by the Jury\u2019<\/strong> [Sub-Paragraph (b)].<\/p>\n

BORDERLINE CASES<\/strong><\/p>\n

Conversely, as it affects \u2018Borderline Cases,\u2019<\/strong> His Lordship may have been guided by this part of \u2018Lord Lane\u2019s Dictum\u2019 <\/strong>that states; \u2018\u2026They can safely be left to the discretion of the Judge.\u2019 Inferentially, and if so persuaded, \u2018His Lordship\u2019 may have decided that there was \u2018No Prospect of Conviction,\u2019 <\/strong>and as it appears in the instant case, he stopped and ended the trial. Be it \u2018Conviction or Acquittal,<\/strong>\u2019 the \u2018Act\u2019 imposes a legal duty upon \u2018One-Man\/One Woman Trial Judge\u2019<\/strong> to show and give reasons for any \u2018Judicial Decision\u2019<\/strong> made. The provision states; \u2018\u2026The Judge shall, as soon as reasonably practicable, and in any event before the expiration of fourteen days, deliver his \u2018Decision\u2019<\/strong> and he shall give a written judgment, stating his \u2018Reasons\u2019<\/strong> therefor\u2019 [CPJATA: Section 8 (1)].<\/p>\n

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

This saw a \u201912 Count Criminal Indictment\u2019<\/strong> prosecutorally and precariously dangling over the heads of two indicted accused persons for \u2018some 7 years.\u2019<\/strong> Consequent upon the coming into force of the \u2018Criminal Proceedings (Trial by Judge Alone) Act,\u2019<\/strong> history may have been made by the introduction and operation of a particular \u2018Mode\u2019 in criminal juryless trials [June 7th<\/sup>, 2021: Montserrat Alive]. <\/strong>That which is now known, is that there has never been as much controversy and \u2018Judicial Calamity\u2019 <\/strong>within the \u2018Criminal Justice System.\u2019 <\/strong>Such calamitous situation was occasioned when a legislative majority overwhelmingly gave parliamentary approval to \u2018an Act – CPJAT\u2019 <\/strong>that provides for \u2018Juryless Trials.\u2019<\/strong><\/p>\n

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

In the life of a woman, there is no such thing as being \u2018Half Pregnant.\u2019<\/strong> Yet some \u2018Judicial officers\u2019<\/strong> have given persons accused of criminal acts, reasons to believe that within the \u2018Judiciary,\u2019<\/strong> are officers that that will be seen as impotent or starved for adjudicating competence. Few appeared to have taken time out to reflect upon their role and function within a system, specifically established for those criminally and prosecutorally-victimized and may seek the protection of the Courts. Thus, some officers were likely to deliver \u2018Judicial Decisions\u2019 <\/strong>that might be seen as pregnant with irrationality.<\/p>\n

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

Real or imaginary, little appreciation appears to have been shown to such concerns, thereby prompting many aggrieved persons to harbor feelings of dissatisfaction <\/strong>with the attitude of the Court and dissent over some decisions. Irrespective of how bright \u2018Judicial Officers\u2019<\/strong> may seem, \u2018Parliament Anticipated\u2019<\/strong> that some were likely to make serious judicial blunders. In the \u2018Judge Alone Trials,\u2019<\/strong> they had foreseen inherent \u2018Danger of Travesty.\u2019<\/strong> They also knew that some \u2018Judges\u2019<\/strong> may; (i)<\/strong> \u2018\u2026Misinterpret some sections of the \u2018Act: (ii) \u2026Some may misguide or misdirect themselves either; (a) \u2026On points of <\/strong>Law; or (b) \u2026On points of Fact.\u2019 <\/strong>Legislators also knew that some \u2018Judges\u2019<\/strong> would become so confused that they might be rendered incapable of making rational and informed judicial decisions.<\/p>\n

ALTERED JUDICIAL DECISION<\/strong><\/p>\n

This may have manifested itself in the case; \u2018The Queen v Harry Josiah and another\u2019 [ANUHCR2017\/0065: March 4, 2022].\u00a0 <\/strong>This seemingly occurred when \u2018His Lordship, Justice Stanley Kendrick John,\u2019 <\/strong>unwittingly delivered \u2018an Altered Judicial Decision.\u2019 <\/strong>When \u2018Defence Counsel Dane Hamilton Sr, QC,\u2019<\/strong> advanced legal arguments to the \u2018One-Judge Trial\u2019 <\/strong>on the \u201812 Criminal Indictments\u2019<\/strong> then at \u2018Bar,\u2019<\/strong> the learned \u2018Trial Judge\u2019<\/strong> appeared to have been \u2018Fully Satisfied\u2019<\/strong> that the \u2018Prosecution\u2019 <\/strong>had failed to make out a \u2018Prima Facie Case\u2019<\/strong> against both accused. Thus, having persuaded him to uphold a \u2018Submission of No Case to Answer,<\/strong>\u2019 both were made to walk-free. This came about when a \u2018Verbal Decision,\u2019 was given.<\/strong><\/p>\n

JUDGE FELL INTO ERROR <\/strong><\/p>\n

The Judge\u2019 had so ruled, when the evidence adduced at trial and counter-arguments advanced by the prosecution in the \u2018Submission of No Case to Answer\u2019 <\/strong>failed to satisfy the \u2018Trial Judge.\u2019<\/strong> Then \u2018some 25 days later\u2019<\/strong> when the \u2018Written Reasons for Decision\u2019 <\/strong>were given, \u2018His Lordship\u2019 <\/strong>then wrote \u2018\u2026In light of the evidence of \u2018Counts \u20181, 2 and 3,\u2019 and upon further analysis of the same, the Court is now of the view that it \u2018Fell into Error\u2019 <\/strong>in upholding the \u2018No Case Submission in respect to \u2018Counts 1, 2 and 3\u2019 [Paragraph 22: Page 6: March 30, 2022].<\/strong> The two accused may not only have felt that they had been subjected to \u2018Prosecutorial Terror,\u2019 <\/strong>but also harbored the belief that they had been exposed to further prosecutorial consideration.<\/p>\n

APPELATE SECTION<\/strong><\/p>\n

Instructively, in the \u2018Criminal Proceedings (Judge Alone Trial) Act,\u2019<\/strong> Legislators made statutory provisions only for \u2018Convicted Persons,\u2019 <\/strong>so desirous may wish to challenge reasons given for a conviction. The \u2018Appellate Section\u2019<\/strong> appears not to have provided for \u2018Stoppage of Trial\u2019<\/strong> in the case of the \u2018Trial Judge\u2019 upholding a \u2018Submission of No Case to Answer.\u2019 The Section states; \u2018\u2026An appeal shall lie to the \u2018Court of Appeal,\u2019 at the instance of an accused person, from the decision of the Judge given under \u2018Section 8,\u2019 convicting the accused person on several grounds as contained in the \u2018Act.\u2019<\/strong><\/p>\n

GROUNDS OF APPEAL – ACCUSED<\/strong><\/p>\n

The \u2018Act\u2019 <\/strong>specifies; \u2018GROUNDS OF APPEAL,\u2019 <\/strong>without leave of the \u2018Court of Appeal.\u2019<\/strong> That which convicted persons may argue includes; (i)<\/strong> \u2018\u2026That the Court had no jurisdiction in the case; (ii)<\/strong> \u2026The Court exceeded its jurisdiction: (iii)<\/strong> \u2026The Judge was personally interested in the case; (iv)<\/strong> \u2026The Judge acted corruptly, maliciously, or was biased in the case; (v)<\/strong> \u2026The decision was obtained by fraud; (vi)<\/strong> \u2026Legally admissible evidence substantially affecting the merits of the case was rejected; (vii)<\/strong> \u2026Inadmissible evidence was admitted by the Court and insufficient to sustain the decision, after rejecting such illegal evidence; (viii)<\/strong> \u2026The decision was erroneous in some other point\u00a0 of law\u2019 [Section 9].<\/strong><\/p>\n

GROUNDS OF APPEAL – DPP<\/strong><\/p>\n

The legislators also anticipated that \u2018Crown Prosecutors (DPP)\u2019<\/strong> may also desire visitations by the \u2018Appellate Eastern Caribbean Supreme Court (ECSC)\u2019 <\/strong>on some \u2018Acquittals.\u2019<\/strong> Consequent upon such anticipation, they have inserted a particular \u2018Appellate Section.\u2019<\/strong> For enlightenment of general public, the provision states; \u2018\u2026An appeal shall lie to the \u2018Court of Appeal\u2019<\/strong> at the instance of the \u2018Prosecution\u2019<\/strong> from the decision of the Judge acquitting the accused on the following grounds;<\/strong> (a)<\/strong> \u2018\u2026That the decision was erroneous on a \u2018Point of Law;<\/strong> (b)<\/strong> \u2026That the sentence (on conviction) is manifestly inadequate or \u2018Wrong in Law\u2019 [Section 9 (2)].<\/strong><\/p>\n

STOPPED TRIAL<\/strong><\/p>\n

In the former \u2018Ground of Appeal,\u2019<\/strong> no leave of the \u2018Court of Appeal\u2019 <\/strong>is required for the institution of appellate proceedings. In the instant case \u2018Judge\u2019s decision to \u2018Stop the Trial,\u2019 <\/strong>on the \u2018Submission on a No Case to Answer,\u2019 <\/strong>he had effectively deprived himself and the Prosecution the opportunity for the evidence to be fully ventilated and vigorously tested by \u2018Cross Examination.\u2019 <\/strong>Given its stoppage and the judicial record will unlikely reflect \u2018an Acquittal,\u2019 <\/strong>barring \u2018an Inherent Authority,\u2019<\/strong> legal luminaries have argued and shared the view that a \u2018Director of Public Prosecutions (DPP)\u2019<\/strong> may face monumental challenges moving forward with appellate proceedings.<\/p>\n

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

It would have been remiss not to have highlighted certain attitude in some jurisdictions. In most democratic Commonwealth nations, as it has been in the \u2018Organization of Eastern Caribbean States (OECS),\u2019<\/strong> the \u2018Judiciary,\u2019<\/strong> as a democratic institution has been seen for its importance to \u2018Governance\u2019<\/strong> and the \u2018Rule of Law.\u2019<\/strong> This institutionalized system has been specifically established for the administration and dispensation of justice. This is the premier judicial arm that not only keeps the other two arms; (i) \u2018\u2026The Executive; and (ii) \u2026The Legislature\u2019 <\/strong>in check, but also those with the tendency to ignore the \u2018Fundamental Rights; \u2026Liberties; and \u2026Freedoms of the Individual\u2019 [CO: 1981: Section 5],<\/strong> and the guarantees contain in the respective \u2018Constitutions.\u2019 <\/strong><\/p>\n

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

Not infrequently, intellectuals said to have been highly qualified in particular disciplines, and positionally placed, had in some instances brought disgrace upon national institutions. These intellectuals were often seen to have made more \u2018Judicial Blunders,\u2019<\/strong> than rain, lightning and thunder that nature have been seasonally or erratically descending upon the Earth. Compounding these, is a tendency to breach \u2018Fundamental Rights\u2019 <\/strong>of the citizenry. Then in matters of \u2018Public Interest,<\/strong>\u2019 some \u2018Judicial officers\u2019<\/strong> were seen to have been mortally afraid of sitting administrations. As a consequence, many have delivered \u2018Judgments or Decisions\u2019<\/strong> that were not only seen to be bias, but also left \u2018Begging for Justice.\u2019<\/strong><\/p>\n

REASON AND CONSCIENCE<\/strong><\/p>\n

The \u2018Magisterial Bench\u2019<\/strong> appears not to be an exception. Some judicial officers have not only been said to be \u2018emotionally unintelligent and egoistically offensive,\u2019 but also uncompassionate, belligerent and insensitive.\u2019 These were not only reflected in the condescending way a small minority speaks, but also in some decisions that were seen as starved for rationality, delivered from souls that were also seen not to have been endowed with \u2018Reason and Conscience.\u2019<\/strong> These assertions appear neither \u2018baseless, reckless, callous, nor malicious.\u2019<\/p>\n

PERVERSELY IMPREGNATED <\/strong><\/p>\n

This minority group, were often accused of making decisions that were not only \u2018Perversely Impregnated,\u2019<\/strong> but also seemingly influenced by \u2018Interest\u2019<\/strong> that were seen to be wearing \u2018Vests.\u2019 <\/strong>That which shall be known, is that except for \u2018Committal Proceedings,\u2019<\/strong> \u2018Magistrates\u2019 have no jurisdiction for trial of indictable cases. Most recently, in a \u2018Complaint Without Oath\u2019<\/strong> reportedly file within the Magistracy. This may have been evident when the \u2018Commissioner of Police\u2019<\/strong> complains that a male accused had \u2018Assaulted and Caused Grievous Bodily Harm\u2019<\/strong> to a female.<\/p>\n

ELVIS MURRAY EXPERIENCE<\/strong><\/p>\n

Then, at first appearance, where no plea could be properly put to an accused person, it would have been unprecedented for; (i)<\/strong> \u2018\u2026A victim\/virtual Complainant to be present at any Magistrate\u2019s Court; and (ii)<\/strong> \u2026<\/strong>It would have been considered grossly improper for any \u2018Magistrate\u2019 <\/strong>to call a \u2018Virtual Complaint\u2019<\/strong> to give unsworn evidence or offer explanation.\u2019 These reportedly pertain to the \u2018State of Mind,\u2019<\/strong> and whether such person lives alone and\/or apprehended fear.\u2019 Such \u2018Magisterial Practice,\u2019 <\/strong>not only appears bad for personal liberty,\u2019<\/strong> but also prejudicial to justice. The experience of \u2018Red Cross President Elvis Murray,\u2019 <\/strong>was not dissimilar to that experienced by others, but vividly makes the point [ANR: March 28, 2022].<\/strong><\/p>\n

BASTION OF HOPE<\/strong><\/p>\n

Seemingly few \u2018Officers of the Court\u2019 have taken time to reflect upon the urging of the \u2018Eastern Caribbean Supreme Court (ECSC<\/strong>), Chief Justice, Her Ladyship, Dame Janice Pereira\u2026\u2019 <\/strong>Since she is desirous of strengthening public confidence in the \u2018Judiciary,\u2019 she has urged \u2018Judicial officers\u2019 that all material times, \u2018Courts\u2019<\/strong> ought to be seen as a \u2018Bastion of Hope.\u2019 <\/strong>Many constitutionally-presumed innocent persons [CO: 1981: Section 15],<\/strong> together with some aggrieved practicing attorneys,\u2019 have viewed such practice as being extremely harsh and unjustifiably punitive. In particular instances, even when those that enforce the \u2018Criminal Law,\u2019<\/strong> or those that prosecute, had not envisioned \u2018Flight Risks\u2019<\/strong> and raised no \u2018Objection to Bail,\u2019<\/strong> apparent lack of knowledge of the \u2018Constitutional Provisions\u2019<\/strong> have resulted in rather impulsive custodial remands.<\/p>\n

PUNISHINGLY BRUTAL<\/strong><\/p>\n

Thus, some judicial officers have reportedly continued to project the \u2018Criminal Justice System\u2019 <\/strong>as an institution that is \u2018Punishingly Brutal.\u2019<\/strong> These were frequently seen, either through avoidable remand in \u2018Jail or on Bail\u2019 with serious restrictions on liberty or inordinate delay with criminal trials. As a consequence, these \u2018Attitudes and Actions,\u2019<\/strong> were said to have caused many to languish in agony and complete financial misery. These, in some way, shape or form, not only seemed to have summed up the last \u20187 years\u2019 <\/strong>in the lives of a male and female accused person, but also several other persons sharing institutionalized residency.<\/p>\n

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

Clearly, \u2018Fictional or No Fictional,\u2019<\/strong> it could never be said that accused \u2018Harry Josiah and Genevieve Phillip\u2019<\/strong> were tried by a \u2018Jury of their Peers.\u2019<\/strong> There is clearly no substitute for the \u201813-member Court, comprising a \u2018Judge and 12-member Jury.\u2019<\/strong> Given the \u2018Written Altered Decision\u2019<\/strong> handed down by \u2018High Court Trial Judge, His Lordship, Justice Stanley John,\u2019 <\/strong>none may deny that as far as the administration was concerned, it is capable of being described as \u2018Absolutely and Absurdly Wrong.<\/strong>\u2019 It can be said without contradiction, that \u2018Acting Director of Public Prosecutions (DPP) Joann Walsh\u2019<\/strong> may be the first to admit, that in her fourteen (14) year tenure as a \u2018Senior Crown Prosecutor\u2019 within the office of the \u2018DPP,\u2019<\/strong> she has ever experienced a \u2018Trial Judge;\u2019 (i) <\/strong>\u2018\u2026Upholding a \u2018Submission of\u00a0 no Case to Answer;\u2019 (ii)<\/strong> \u2026Gave a verbal decision in open Court: and then; (iii)<\/strong> \u2026Returned almost one month later with a \u2018Written Decision\u2019<\/strong> that in part states; \u2018\u2026In light of the evidence relating to \u2018Counts 1, 2, and 3,\u2019 and upon further analysis of the same, the Court is now of the view that it fell into error in upholding the \u2018No Case Submission\u2019 in respect to \u2018Counts 1, 2, and 3\u2019 [Paragraph 22: Page 6]. <\/strong>It behooves \u2018Trial Judges\u2019<\/strong> to know that since they are not \u2018Judges of Appeal,\u2019<\/strong> \u2018Decisions\u2019 made in error and delivered in error, shall be allowed visitations by \u2018Courts of Appeal.<\/strong>\u2019 Now, given the unfortunate turn of events, likened to a rudderless ship drifting dangerously at sea, and without the use of a \u2018Global Positioning System (GPS),\u2019<\/strong> and submerging perilously to the bottom of the Ocean, \u2018Crown Prosecutors\u2019 <\/strong>may do nothing as embarrassing, but to allow the apparent extra-judicially \u2018Altered Decision\u2019<\/strong> to drift quietly until the \u2018Sun Sets\u2019 [June 7, 2023].<\/strong> ***<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

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

by Rawlston Pompey RAWLSTON POMPEY Likened to many other accused persons, it can be no exaggeration that the \u2018Criminal Justice System\u2019 appeared to have failed indicted accused \u2018Harry Josiah and co- accused Genevieve Phillip.\u2019 The delayed 5-year trial by a \u2018Jury of their Peers,\u2019 appeared equally in breach of the constitutional provision as has been […]<\/p>\n","protected":false},"author":3,"featured_media":149093,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-149090","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nJustice John: Absurdly And Absolutely Wrong - 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\/justice-john-absurdly-and-absolutely-wrong\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Justice John: Absurdly And Absolutely Wrong\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey RAWLSTON POMPEY Likened to many other accused persons, it can be no exaggeration that the \u2018Criminal Justice System\u2019 appeared to have failed indicted accused \u2018Harry Josiah and co- accused Genevieve Phillip.\u2019 The delayed 5-year trial by a \u2018Jury of their Peers,\u2019 appeared equally in breach of the constitutional provision as has been […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/\" \/>\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=\"2022-04-04T17:48:19+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2022-04-04T18:32:05+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\/04\/Screen-Shot-2022-04-04-at-6.49.28-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\/justice-john-absurdly-and-absolutely-wrong\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/\"},\"author\":{\"name\":\"Editor\",\"@id\":\"https:\/\/antiguanewsroom.com\/#\/schema\/person\/36cac05ef6398fe56ae3e6317f8535c5\"},\"headline\":\"Justice John: Absurdly And Absolutely Wrong\",\"datePublished\":\"2022-04-04T17:48:19+00:00\",\"dateModified\":\"2022-04-04T18:32:05+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/\"},\"wordCount\":4013,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/antiguanewsroom.com\/#organization\"},\"image\":{\"@id\":\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/mlavawteztbj.i.optimole.com\/w:1728\/h:1080\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2022\/04\/Screen-Shot-2022-04-04-at-6.49.28-AM.png\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/\",\"url\":\"https:\/\/antiguanewsroom.com\/justice-john-absurdly-and-absolutely-wrong\/\",\"name\":\"Justice John: Absurdly And Absolutely Wrong - 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