{"id":153056,"date":"2022-06-07T08:48:14","date_gmt":"2022-06-07T12:48:14","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=153056"},"modified":"2022-06-07T08:48:14","modified_gmt":"2022-06-07T12:48:14","slug":"chicken-and-chips-stop-prisoner-vanished-from-police-vehicle","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/chicken-and-chips-stop-prisoner-vanished-from-police-vehicle\/","title":{"rendered":"Chicken And Chips Stop \u2013 Prisoner Vanished From Police Vehicle"},"content":{"rendered":"
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Rawlston Pompey<\/strong><\/p>

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Even as indigence may prevail, and necessity may dictate, it shall still be considered inexcusable for any person to pounce upon the innocent, weak, defenceless and the hapless citizen. Moreover, Courts shall see the use of weapons as terrifying strategies in depriving citizens of their property as a feature, pregnant with horror and aggravation. Such has been the experience of \u2018British-born senior citizen, Patricia Biss 78.\u2019<\/strong> A home-owner and resident of the affluent \u2018Jolly Harbor Gated Community,\u2019<\/strong> a Police-nabbed intruder, \u2018Rickcardo Bassawan 27,\u2019 <\/strong>had reportedly terrorized her in the privacy of her home [May 28, 2022].<\/strong> Given their devotion to duty, the officers that have been singled out for their \u2018Quick Response,\u2019<\/strong> have been \u2018Corporals Ireland and Francis, and Constables Anthony and Gordon.<\/strong>\u2019<\/p>\n

QUICK RESPONSE – QUICK-WITTEDNESS<\/strong><\/p>

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It may have been both the \u2018Quick Response and Quick-Wittedness\u2019<\/strong> on their part, intercepting the suspected robbery-accused on the Jolly Harbor public road. He was said to have been the lone passenger on a public service bus, then leaving the \u2018Jolly Harbor<\/strong> community, destined to St. John\u2019s. Research has revealed that he had given the officers reasonable grounds to suspect that was the person that had intruded upon the \u2018Jolly Harbor residence. <\/strong>This may also have been confirmed, when preliminary investigation showed him to be in possession of an undetermined sum of money. Interrogated as to the source and legitimacy of respective sums of \u2018Eastern Caribbean and United States Currencies\u2019 and found himself ill-positioned to give satisfactory accounts of the currencies then possessed.<\/p>

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

This commentary primarily looks at a \u2018Mis-imposed Six-Month Custodial Sentence\u2019 on an \u2018Escapee from Police Custody.\u2019 <\/strong>It also looks at two often misunderstood \u2018Legal Terms,\u2019<\/strong> namely; (I) \u2018Escaping Legal Confinement; and (ii) Escaping Lawful Police Custody.\u2019 <\/strong>Confusion appeared to have recently reigned within the \u2018Magistracy\u2019<\/strong> when \u2018Armed Robbery Accused Rickardo Bassawan 27\u2019<\/strong> appeared before a \u2018District \u2018A\u2019 Magistrate Court<\/strong>\u2019 on a charge of \u2018Escaping Lawful Custody.\u2019 <\/strong>Then it looks at (a) \u2018\u2026<\/strong>The Statutory penalties imposable by adjudicators for; (I) Escaping Legal Confinement; and (ii) Escaping Lawful Police Custody<\/strong>; and (b) \u2026Practice Directions in the form of \u2018Sentencing Guidelines\u2019<\/strong> as established by the \u2018Eastern Caribbean Supreme Court (ECSC),particularly as it relates to \u2018Construct of a Sentence for \u2018Guilty Plea Defendants and accused persons [ECSC: PD: SG: Step 3].<\/strong><\/p>

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NEGLIGENCE OF POLICE OFFICERS<\/strong><\/p>\n

Charged for the \u2018Negligence of Police officers,\u2019<\/strong> \u2018Self-Convicted Escapee Rickardo Bassawan,\u2019 <\/strong>appeared to have had no tolerance waiting and watching to see which officer was eating chicken and bones or chicken and chips. Then being conveyed on a Police-assigned and driven vehicle, capitalizing on an opportunity presented by his escorts, likened to the \u2018Private Indian Jet\u2019 reportedly dispatched by \u2018Prime Minister Narendra Modi\u2019<\/strong> to the Commonwealth of Dominica, \u2018Rickardo Bassawan\u2019<\/strong> got to the Villa community,\u2019 before his Police escorts could strip the flesh off a barbecued chicken leg.<\/p>

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LIGHTENING SPEED<\/strong><\/p>

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He was said to have run off the Police Vehicle faster than the \u2018Private Jet\u2019<\/strong> was sent to transport \u2018Indian\/Antiguan and Barbudan Billionaire\u2019 <\/strong>back to India [May \u20262022]. \u00a0Reportedly left unattended and unrestrained, likened to Jamaican and world-acclaimed Olympic Sprint Champion, Usain Bolt<\/strong> aiming, the \u2018Escapee\u2019 sprinted with \u2018Lightning Speed\u2019<\/strong> to restore his liberty. Guided by a \u2018Potters Government School Crossing Guard\u2019<\/strong> to the direction he ran, he had reportedly returned to his \u2018Bennett Street, Villa residence,\u2019<\/strong> thereby consumed an already prepared meal of Guyanese cooked-up curried rice and chicken. The charge for which he appeared before the Court was \u2018Robbery with Aggravation\u2019<\/strong> [ANR: May 28, 2022].<\/p>\n

UNRESTRAINED AND UNATTENDED<\/strong><\/p>\n

The robbery accused has been remanded for an initial period of 7 days, by \u2018District \u2018B\u2019 Magistrate, \u2018Her Worship, Ngaio Emmanuel-Edwards.\u2019 <\/strong>He reportedly took flight when Police officers left him \u2018Unrestrained and Unattended\u2019<\/strong> in a parked Police vehicle. Thus, while the officers \u2018Stopped\u2019<\/strong> to satisfy their physiological needs, the prisoner \u2018Ran\u2019<\/strong> to restore his liberty. Subsequently apprehended and charged with \u2018Escaping Lawful Police Custody,\u2019 <\/strong>a \u2018six-month term of imprisonment\u2019 <\/strong>was imposed on him by \u2018District \u2018A\u2019 Magistrate, Conliffe Clarke\u2019 [May 28, 2022].<\/strong> Ironically, without the option of a fine, this offence is statutorily punishable by the imposition of a custodial sentence of \u2018three (3) months\u2019 <\/strong>[ SCA: Chapter 24: Section 24 (2)].<\/p>\n

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

Every \u2018Roving Robber\u2019 <\/strong>shall know that there are serious \u2018Judicial Consequences\u2019 for \u2018Roving and Robbing.\u2019 <\/strong>They shall also know that for less serious criminal offences, there is also serious \u2018Magisterial Consequences\u2019<\/strong> for those that may adventurously \u2018Escaped Legal Confinement.\u2019<\/strong> Conversely, though less in severity, there is also similar punishment imposable upon those that \u2018Escaped Lawful Police Custody.\u2019<\/strong> Incidentally, the only penalty statutorily provided if arrested and charged with \u2018Escaping Legal Confinement\u2019<\/strong> or \u2018Escaping Lawful Police Custody\u2019<\/strong> and; (a) \u2018\u2026Tried and convicted; or (b) \u2026Pleaded guilty\u2019 is a custodial sentence.<\/p>\n

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

The unrepresented accused persons always run the risk of imperiling their liberty when Adjudicators follow, and apply the wrong sections of law. Some may also be imperiled when adjudicators ignore the \u2018Sentencing Guidelines\u2019<\/strong> stipulated in \u2018Practice Directions\u2019<\/strong> handed down by the \u2018Eastern Caribbean Supreme Court (ECSC).\u2019<\/strong> As the Guidelines affect persons pleading guilty, \u2018Step 3 of the Guidelines\u2019<\/strong> provides for \u2018Magistrates and Judges to consider the \u2018Figure on assessing discount on any \u2018Guilty Plea.\u2019<\/strong> Such \u2018Guidelines,\u2019 therefore<\/strong> are specifically intended to guide the \u2018Construct of Sentences\u2019<\/strong> to be imposed on both defendants accused persons by \u2018Magistrates and Judges\u2019 [ECSC: 7 B: No. 2 of 2019].<\/strong> This \u2018Practice Direction,\u2019 specifically applies to persons that have admitted to guilt of offences of which they have been charged.<\/p>\n

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

Among the fundamental tenets of this democracy, are obedience to, respect for, and due regard to the \u2018Rule of Law.\u2019 <\/strong>These are not only limited to the citizenry, but also extended to the nation of \u2018Antigua and Barbuda.\u2019<\/strong> From the perspective of human behavior and social control, both nation and people are subject to the \u2018Dictates of Law.\u2019<\/strong> Thus, through state agencies and agents and its institutions, including law enforcers as well as persons appointed. Or charged with responsibility for the administration and dispensation of justice. These have been the judicial officers acting in the unenviable capacity of \u2018Magistrates and Judges.\u2019 <\/strong><\/p>\n

FOUNDING CONSTITUTIONAL PRINCIPLE<\/strong><\/p>\n

Framers of the \u2018Constitution Order\u2019<\/strong> anticipated, that likened to a small minority of the citizenry, the State may also exhibit lawless behavior. Consequent upon such anticipation they have prudently and purposefully inserted this \u2018Founding Constitutional Principle.\u2019<\/strong> It provides, without exceptions, for the knowledge, guidance and conformity of; (i) \u2018Law enforcers: (ii) Magistrates: and (iii) Judges.\u2019<\/strong> It states: \u2018Whereas the people of Antigua and Barbuda<\/strong> recognize that the law symbolizes; (a)<\/strong> \u2018The public conscience; (b)<\/strong> That every citizen owes to it an undivided allegiance, not to be limited by any private views of justice or expediency; and that (c) The State is subject to the LAW\u2019<\/strong> [CO: 1981: Principle: \u2018D\u2019].<\/p>\n

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

Apart from the \u2018Presumption of Innocence,\u2019<\/strong> there have also been the \u2018Presumption of Sanity,\u2019<\/strong> as well as the \u2018Presumption of Knowledge\u2019 <\/strong>of the law. Thus, whether or not accused of criminal behavior, every citizen is \u2018Presumed to know the law. It has been such presumption that there shall be no \u2018Defence of Ignorance.\u2019<\/strong> Likened to persons everywhere, persons would be considered reckless not to know the law. Thus, those responsible for the administration and dispensation of justice, run the risk of being seen as \u2018Ignorant of Law.\u2019 <\/strong>This is so particularly for those outside of Magisterial jurisdiction\u2019 as it concerns imposition of sentencing.<\/p>\n

LEGAL CONFINEMENT<\/strong><\/p>\n

Intending that there shall be no misinterpretation, misapplication or confusion, the commentary first looks at that which Parliament sets out for the understanding of every \u2018Prisoner, Superintendent of Prison; Law enforcement officer; Adjudicating Magistrate; and Trial Judge.\u2019 <\/strong>Thus, for clarity of understanding it states; \u2018Any person breaking or escaping out of any place of \u2018Legal <\/strong>Confinement\u2019 before the expiration of the term for which he shall have been convicted, or ordered to be confined, shall be deemed \u2018an incorrigible rogue within the meaning of this Act\u2019 [Small Charges Act (SCA)].<\/strong><\/p>\n

INCORIGIBLE ROGUE<\/strong><\/p>\n

Intending that no \u2018Magistrate\u2019 <\/strong>got it magisterially wrong, the Legislators carefully elucidated what was meant. Hence, they clearly stated \u2018Any person, committing any offence against this Act, by reason whereof he shall be deemed a \u2018Rogue and a Vagabond,\u2019<\/strong> such person having been, at some former time adjudged so to be, and duly \u2018CONVICTED\u2019<\/strong> thereof, shall be deemed an \u2018Incorrigible Rogue\u2019<\/strong> and shall be liable to imprisonment for a term not exceeding six (6) months\u2019 <\/strong>[SCA: Chapter 405: Section 30]. Thanks to the numerous lectures given on this subject by then Training Instructors, \u2018Sir Wright F George KCN, QPM, MVO; Elton Martin QPM; and Superintendent Joslyn Benta-Richards (deceased).<\/strong><\/p>\n

LAWFUL CUSTODY:<\/strong><\/p>\n

Conversely, Parliament also anticipated that whilst in the \u2018Execution of Duty,\u2019<\/strong> Police officers may have reasonable grounds for taking into custody. Persons reasonably suspected of committing, or about to commit <\/strong>crimes or offences. An attendant power allows for such course of action, either by arrest or detention. Thus, by reasonable suspicion or prima facie evidence suggestive of a crime being committed, such persons may be arrested or detained. While the issue of \u2018Lawfulness\u2019 often arose, except a Court ruled to the contrary, not only that such persons would have been considered to be in \u2018Lawful Police Custody,<\/strong>\u2019 but also justifiably restrained.<\/p>\n

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

The law has not only made it sufficiently clear, for citizens to understand the legal term \u2018Lawful Custody,<\/strong>\u2019 but also criminal punishment for those escaping or attempting to escape from such custody. It therefore, states; \u2018Any person in lawful custody of any Police officer\u2019 or other person, who escapes, or attempts to escape from such custody, shall be liable to imprisonment for a term not exceeding \u2018three (3) months\u2019 [SCA: Cap. 405: Section 24 (2)]. <\/strong>Instructively, the \u2018Escapee\/Defendant Rickardo Bassawan\u2019<\/strong> was; (i) \u2018\u2026Never accused of committing this offence; (ii)\u2026Never been arrested for \u2018Escaping Legal Confinement; (iii) \u2026Never charged; (iv) \u2026Never served copy of charge; (v) \u2026Never tried; (vi) \u2026Never convicted for,\u2019<\/strong> but had been wrongly ordered to be \u2018Legally Confined\u2019<\/strong> at Her Majesty\u2019s Prison (HMP)\u2019 [Latrisha Thomas: Observer Media: June 3, 2022].<\/p>\n

WRONG SENTENCE<\/strong><\/p>\n

The difference in the case of \u2018Rickardo Bassawan,\u2019<\/strong> has been the egregiously and \u2018Wrong Sentence\u2019<\/strong> improperly imposed upon him. \u00a0Bussing his way to the affluent and comparatively secured \u2018Gated Jolly Harbor Community,\u2019 <\/strong>he allegedly brandished a knife with gestures of its use at the terrified victim, then allegedly resorted to \u2018Choke and Rob\u2019<\/strong> a female home-owner \u2018Patricia Biss78.\u2019<\/strong> Then reporting to the private \u2018Main Gate Security Personnel,\u2019 <\/strong>prompt notification to the newly established \u2018Jolly Harbor Gate Police Post,\u2019 <\/strong>resulted in the brazen knife-brandishing daylight robber being swiftly nabbed [May 28, 2022]. <\/strong><\/p>\n

CUSTODY: \u00a0ACTUAL – CONSTRUCTIVE<\/strong><\/p>\n

With recent brushes with the law, nothing appeared to have gone right for \u2018Guyanese-born Rickardo Bassawan 27.\u2019<\/strong> Following his arrest and charge with \u2018Aggravated Robbery,\u2019 <\/strong>that which have followed has gone from \u2018controversy to misery to<\/strong> travesty.\u2019 Now, seemingly (i) \u2018Left unrestrained, unattended, unsupervised and uncontrolled,\u2019<\/strong> he reportedly vanished from the custody of some three able-bodied Police officers. Lawfully apprehended and prosecuted, he reportedly pleaded guilty to the charge of \u2018Escaping Lawful Police Custody.\u2019<\/strong> While only the Court rules on \u2018Lawfulness,\u2019 none shall be confused about \u2018Police Custody.\u2019<\/strong> Such may have been either; (a) \u2018Actual- physically held; or (b) Constructively held,\u2019 <\/strong>even when carelessly left unattended in a parked Police vehicle.<\/p>\n

DISPUTED FACTS<\/strong><\/p>\n

That which is contained herein speaks to no desire in imputing ulterior motive, neither on the part of those adjudicating criminal cases, nor those involved in litigious proceedings. Therefore, i<\/strong>t shall be understood that the contents reflect previous professional practical prosecutorial experience. However, as it affects \u2018Guilty Pleas,\u2019<\/strong> it specifically looks at a particular approach applied by previous adjudicators. It has been to the knowledge that when defendants \u2018Disputed Facts\u2019<\/strong> presented by \u2018Police Prosecutors,\u2019<\/strong> Magistrates then receiving such \u2018Facts\u2019<\/strong> have sometimes been given reasons circumspect of suspected \u2018Police Versions of Events.\u2019<\/strong><\/p>\n

PARLIAMENTARY ANTICIPATION<\/strong><\/p>\n

The Parliament anticipated that persons that have committed crimes when lawfully detained or arrested may \u2018release themselves from the custody of the Police or other persons.\u2019 <\/strong>The Legislators also anticipated that one or two may become anxious and adventurous and may attempt or actually \u2018Escaped from Legal Confinement.\u2019<\/strong> Consequent upon such anticipation they have enacted the \u2018Small Charges Act.\u2019 <\/strong>Then with clear distinctions, they have inserted this particular offence \u2018Escaping Legal Confinement.\u2019<\/strong><\/p>\n

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

These adjudicators have distinguished themselves by demonstrably showing that they have all believed in the legal principle that \u2018Justice must not only be done, but \u2018MANIFESTLY\u2019<\/strong> appear to have been done\u2019 [1924: Lord Chief Justice Hewart: R v Sussex Justices ex parte McCarthy: 1KB: 256: AER: 233].<\/strong> Consequently, when \u2018Police Facts,\u2019<\/strong> have been \u2018Vehemently Disputed,\u2019 they have shown no hesitation in proceeding with \u2018Full Trials.\u2019<\/strong> By so doing, those cases were fully ventilated, thereby better positioned adjudicators in making \u2018Informed Magisterial Decisions.\u2019<\/strong><\/p>\n

ASTUTE AND METICULOUS<\/strong><\/p>\n

They have adjudicated cases when they felt it was not in the interest of justice to proceed with trials when defendants voluntarily entered \u2018Pleas of Not Guilty,\u2019 then had to challenge \u2018Misrepresented Facts.\u2019 <\/strong>Such trials provided with opportunities to focus more on the evidence adduced by the Prosecution. It also allowed for transparency, truthfulness and ultimately, the proper \u2018Administration of Justice.\u2019 <\/strong>A short list showed the astute and meticulous adjudicators. They were in the persona of the \u2018Cordell Sheppard\u2019s; Kenneth Benjamins; Cosbert Cumberbatch\u2019s; Claire Henry -Wasons; Septimus Rhudds; Maureen Payne-Hymans; Ola Mae Edwards; Murio Ducilles; Keith Thom\u2019s; and Asquith Rivieres,\u2019<\/strong> From professional prosecutorial dealings, they have all acquitted themselves exceedingly well. They had positioned themselves to make informed magisterial decisions.<\/p>\n

PRINCIPLE OF NATURAL JUSTICE<\/strong><\/p>\n

As a consequence, several past adjudicators had diverted their \u2018Facts-Taking Interest\u2019<\/strong> to full ventilation of the evidence. It has also been to the knowledge that many adjudicators, had changed \u2018Guilty Pleas\u2019<\/strong> to \u2018Not Guilty Pleas.\u2019 <\/strong>This then allows adjudicators to test the veracity of witnesses and observe their demeanor while giving evidence. These adjudicators not only allow for the legally unrepresented defendants \u2018Protection of the Court,\u2019<\/strong> but also allow this principle to be constantly seen at work. These adjudicators not only believed in the proper administration and equal dispensation of justice, but also in the \u2018Principle of Natural Justice.\u2019<\/strong> \u00a0They were neither accused of being Police,\u2019 nor \u2018Prosecution Magistrates.\u2019<\/strong><\/p>\n

POLICE VERSION OF EVENTS<\/strong><\/p>\n

Today, the situation appears contrastingly different, untenable, worrying and troubling. Though it has not been openly expressed, within the \u2018Magistracy,\u2019<\/strong> it has been the suggestions that some might easily be described as \u2018quacky.\u2019<\/strong> Still, some were accused of \u2018cocking a snook\u2019<\/strong> Such was said to have inspired feelings of inferiority in those that have appeared before them. Consequently, some defendants were said to have quietly bawled, while some legal practitioners have avoided such Courtroom environment. Interestingly, such has not been the experience of robbery-accused and self-convicted \u2018Escapee\/Defendant Rickardo Bassawan.\u2019 <\/strong>He knew that by \u2018Escaping Lawful Police Custody,\u2019 <\/strong>he had compromised his personal liberty.<\/p>\n

MOUNTING MISERIES<\/strong><\/p>\n

While junior \u2018Police Prosecutor Constable Peters\u2019<\/strong> may have been more conversant with the relevant law under which he was duly charged, he too may have overlooked the punishment slapped upon the \u2018Self-Convicted Defendant.\u2019<\/strong> Thus, adding to his \u2018Mounting Miseries,\u2019<\/strong> though he had waived his right to full trial, he secured no \u2018Incentivized Penalty Deduction\u2019 <\/strong>for \u2018Pleading Guilty.\u2019<\/strong> \u00a0While his \u2018Version of Events\u2019<\/strong> has contrasted that which were presented by the Police as \u2018Facts,\u2019 <\/strong>his account appeared more plausible as to what transpired from the \u2018District \u2018B\u2019 Magistrate\u2019s Court\u2019<\/strong> [Herbert\u2019s] to the \u2018Potters Government School.\u2019<\/strong><\/p>\n

WAIVING RIGHT TO TRIAL<\/strong><\/p>\n

Even more troubling was, although \u2018Magistrates\u2019<\/strong> are deemed to know the \u2018Law and Punishment,\u2019<\/strong> \u2018Police Court Prosecutors\u2019<\/strong> shall always be alert and well-positioned to offer gentle reminders. This was particularly so, when adjudicators either for reasons of inadvertence or lapse in concentration. Though not necessarily with increased frequency, \u2018Misapplication of \u2018Law or Punishment\u2019 may unavoidably occur. <\/strong>\u00a0Such often exposed defendants to punishments far removed from the statutory provisions. The \u2018Police Court Prosecutor\u2019<\/strong> may not have been seen as providing no assistance to \u2018Magistrate Conliffe Clarke.\u2019 <\/strong>Though he had \u2018Waived his Right to Trial,<\/strong>\u2019 barring dismissal, as has been his fate, he may have been correctly punished with the statutory stipulated \u20183-month term of imprisonment.\u2019 <\/strong><\/p>\n

SENTENCING GUIDELINES<\/strong><\/p>\n

The \u2018Escapee, unrepresented by legal Counsel, appeared not to have benefitted from the \u2018Construct of a Sentence.\u2019<\/strong> This would have been in keeping with the judicially-established \u2018Sentencing Guidelines\u2019<\/strong> by the \u2018Eastern Caribbean Supreme Court (ECSC) [SG: Step 3]. It may have been for oblivious reasons, that the escapee\/defendant may have been erroneously slapped a 6-month Jail Sentence. Such is <\/strong>imposable only for the statutory offence of \u2018Escaping Legal Confinement, i. e, from \u2018Her Majesty\u2019s Prison\u2019 [Section 24 (1): Small Charges Act: Chapter 405].<\/strong> Still, \u2018Rookie Court Prosecutor, Constable Peters\u2019 <\/strong>may argue, that his prosecutorial duty was concerned only with \u2018Presentation of Facts\u2019 <\/strong>to the Court, and not necessarily with the \u2018Imposition of Punishment.\u2019<\/strong><\/p>\n

GROSS NEGLIGENCE<\/strong><\/p>\n

From that which has been reported by the Police, respecting \u2018Rickardo Bassawan,\u2019 <\/strong>it shall have been clear to all a sundry, that he never broke out of a place of \u2018Legal Confinement.\u2019 <\/strong>The Observer news portal cartoon depicting the possible occurrence, speaks to a pathetic scene of \u2018Gross Negligence\u2019 [Observer: Newsco: June 2, 2022]. <\/strong>It is not within their Magisterial jurisdiction for \u2018Magistrates\u2019 to discipline \u2018Negligent Police Officers.\u2019<\/strong> However, it shall do them good than harm in chiding them for causing society to become fearful and families to mourn and grieve.<\/p>\n

SPECTACULAR ESCAPE<\/strong><\/p>\n

The case of multiple accused-murderer \u2018Delano Forbes\u2019<\/strong> vividly, but grimly makes the point. Though his plea was not one of guilty, as it relates to the \u2018Escaping Lawful Police Custody\u2019<\/strong> trial of multiple-murder accused \u2018Delano Forbes 25,\u2019<\/strong> Likened to \u2018Chief Magistrate Joanne Walsh,\u2019<\/strong> clearly joining the short list, has been \u2018Her Worship, Ngaio Emmanuel-Edwards.\u2019 <\/strong>The Police high command needs not be grimly reminded of the \u2018Spectacular Escape\u2019<\/strong> by multiple murder-accused \u2018Delano Forbes,\u2019 <\/strong>and the tragedy that had left residents of the \u2018Swetes\u2019 <\/strong>and surrounding \u2018Communities Panic-Stricken\u2019 [February 12, 2018]. <\/strong><\/p>\n

DUSK-TO-DAWN CURFEW<\/strong><\/p>\n

The members of these communities had reportedly harbored fears that their blood may also have been drained and drank. Such fears had caused residents to have subjected themselves to a self-imposed \u2018Dusk-to-Dawn Curfew.\u2019 <\/strong>Subsequently he was fingered in the heinous and grisly murder of \u2018Matthew\u2019s Road resident Morrison Thomas 62\u2019 [Observer June 2, 2018]. <\/strong>The Court appeared to have been unconvinced with evidence adduced and led by the prosecution. Most intriguing was evidence that revealed that the multiple murder-accused was under physical restraint of metal Cuffs, <\/strong>said to have been securely fastened to his hands and feet\u2019<\/p>\n

CARELESS CUSTODY<\/strong><\/p>\n

Having escaped the \u2018Careless Custody\u2019 <\/strong>of some five Police officers in bushy and rocky-terrain of the \u2018Swetes area, <\/strong>he was quickly accused of committing a fourth murder Consequent upon the reported hideous, barbaric and horrifying<\/strong> nature of these murders, residents of the immediate surroundings reportedly became mortally afraid. Given an unofficial name, the \u2018Vampire Killer,\u2019<\/strong> he was said to have exhibited an insatiable appetite for human blood. Consequent upon apparent harbored reasonable doubts that the accused could have outwitted, and outran five able-body Police officers. Seemingly \u2018Savoring Human Blood,\u2019<\/strong> the murder-accused was suspected to have sustained life by consuming several pints of it.<\/p>\n

POLICE VERSION OF EVENTS<\/strong><\/p>\n

There have been suggestions that the alleged \u2018Cold-blooded Killer\u2019<\/strong> had done so, as though he was drinking \u2018English Harbor Rum and Coca Cola.\u2019 <\/strong>Criminally charged with, and tried for \u2018Escaping Lawful Custody.\u2019<\/strong> He was found \u2018Not Guilty\u2019 <\/strong>by \u2018District \u2018B\u2019 Magistrate Ngaio Emmanuel-Edwards\u2019<\/strong> [Observer 30 September 2020]. <\/strong>The Court appeared to have been unimpressed with the \u2018Police Version of Events,\u2019 <\/strong>that may or may not have occurred in the dreary bushy and rocky \u2018Swetes\u2019<\/strong> terrain. If he was guilty, and the evidence did not support such guilt, then an adjudicator was obliged to follow the principle that \u2018It is better to acquit one hundred guilty men, than punish one innocent man.<\/p>\n

CHICKEN\/CHIPS SNACK STOP<\/strong><\/p>\n

Likened to the \u2018Ill-Advised and ill-Fated Bush Visit\u2019<\/strong> that saw multiple murder-accused \u2018Delano Forbes 25,<\/strong> reportedly \u2018Jumped from Lawful Custody,\u2019<\/strong> only to be subsequently accused, arrested and charged for a fourth murder, while at-large. Contrastingly, accused robber from known history \u2018Rickardo Bassawan,\u2019<\/strong> seemingly have more of a craving for money than human blood. Though not necessarily the same or similar set of circumstances, an ill-advised \u2018Chicken and Chips Snack Stop\u2019<\/strong> at a roadside \u2018Fast Food Snackette\u2019 <\/strong>saw the Guyanese-born remanded robber dashing for his liberty.\u2019 The remanded prisoner may have avoided any appearance before a \u2018District \u2018A\u2019 Magistrate Court.\u2019 <\/strong><\/p>\n

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

At the time of escape, he was said to have been on the way to the lone penile institution just on the periphery of the city of John\u2019s, a \u2018Cardinal Mistake\u2019<\/strong> seemed to have been made. Consequently, according to this law he shall not have been slapped the 6-months term of imprisonment for an offence he had not committed and not so charged by the Police. The circumstances surrounding the escape of remanded robbery-accused, \u2018Rickardo Bassawan 27,\u2019 <\/strong>seems to be \u2018Shrouded in Secrecy.\u2019 <\/strong>There was no evidential revelation that the \u2018Escapee\u2019 <\/strong>had offered resistance in freeing himself from \u2018Lawful,\u2019 <\/strong>but \u2018Careless Police Custody.\u2019<\/strong><\/p>\n

PUNISHABLE CONDUCT<\/strong><\/p>\n

Given public sentiments and lack of medical evidence of sustained physical injuries, it could never be said that he escaped from the moving police-driven vehicle. Therefore, such escape had either been allowed or permitted by \u2018Gross Carelessness.\u2019 <\/strong>Given this view, reasonable inferences might be drawn that his escape has been the result of the \u2018Punishable Conduct\u2019<\/strong> of \u2018Neglect of Police Duty.\u2019 <\/strong>The \u2018Police Disciplinary Code\u2019<\/strong> speaks to such \u2018Punishable Conduct.\u2019<\/strong> It states that a member of the Police Service commits a breach of discipline, \u2018If by carelessness or neglect, permits a prisoner to escape\u2019 [Police Act: Chapter 330: Volume 12: (d) (iv)]. <\/strong><\/p>\n

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

Looking at the relevant Sub-sections\u2019 of the \u2018Small Charges Act,\u2019<\/strong> the stipulated \u2018Six-month term of imprisonment,\u2019<\/strong> unlawfully imposed upon the \u2018Escapee\/Defendant Riccardo Bassawan,\u2019<\/strong> it could never be said that that he was ever tried, convicted and \u2018Legally Confined\u2019<\/strong> to \u2018Her Majesty\u2019s Prison (HMP).\u2019<\/strong> Moreover, neither \u2018Her Worship Magistrate Ngaio Emmanuel-Edwards, nor His Worship, Senior Magistrate<\/strong> Conliffe Clarke\u2019s<\/strong> Notes of Evidence,\u2019 <\/strong>or the \u2018Police Conviction Sheet\u2019<\/strong> would ever reflect a previous conviction, or \u2018Custodial Sentence\u2019<\/strong> had been previously imposed upon the incarcerated \u2018Escaped Convict.\u2019<\/strong> Besides, neither \u2018Acting Prison Superintendent Jermaine Anthony,\u2019 nor \u2018Prison Visiting Committee Chairman, Bishop Charlesworth Browne\u2019 <\/strong>shall truly attest to him being \u2018Legally Confined\u2019<\/strong> to the penal institution, and had unlawfully escaped from such confined. Though the matter may rightly be considered \u2018Functious,\u2019 it shall do no harm, should the Court discretely recall the \u2018Commitment Warrant\u2019 and cause another to be issued, thereby reflect the imposable statutory term of imprisonment. Finally, while no disciplinary jurisdictional powers reside with Magistrate\u2019s Courts, an adjudicator dishing out \u2018Magisterial Chiding,\u2019<\/strong> for \u2018Misrepresentation of Facts,\u2019<\/strong> may be of more professional help officers in keeping them on the \u2018Straight, narrow and truthful path.<\/strong>\u2019 ***<\/p>\n

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

Rawlston Pompey Even as indigence may prevail, and necessity may dictate, it shall still be considered inexcusable for any person to pounce upon the innocent, weak, defenceless and the hapless citizen. Moreover, Courts shall see the use of weapons as terrifying strategies in depriving citizens of their property as a feature, pregnant with horror and […]<\/p>\n","protected":false},"author":3,"featured_media":152791,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-153056","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nChicken And Chips Stop \u2013 Prisoner Vanished From Police Vehicle - 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\/chicken-and-chips-stop-prisoner-vanished-from-police-vehicle\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Chicken And Chips Stop \u2013 Prisoner Vanished From Police Vehicle\" \/>\n<meta property=\"og:description\" content=\"Rawlston Pompey Even as indigence may prevail, and necessity may dictate, it shall still be considered inexcusable for any person to pounce upon the innocent, weak, defenceless and the hapless citizen. 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