{"id":164925,"date":"2022-12-12T13:49:50","date_gmt":"2022-12-12T17:49:50","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=164925"},"modified":"2022-12-12T13:49:50","modified_gmt":"2022-12-12T17:49:50","slug":"plea-guilty-to-manslaughter-get-away-with-murder","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/plea-guilty-to-manslaughter-get-away-with-murder\/","title":{"rendered":"Plea Guilty To Manslaughter – Get Away With Murder"},"content":{"rendered":"
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Plea Guilty To Manslaughter – Get Away With Murder <\/strong><\/p>

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by Rawlston Pompey<\/p>\n

To mothers everywhere, when it may have been seen that there was nothing quite as painful as \u2018Child\u2019s birth,\u2019 deadly \u2018Shootings and Stabbings,\u2019<\/strong> grimly reminds mothers of certain biblical teaching. Many would have been edified by the \u2018Scriptural Warning;\u2019 that; \u2018Man that is born of woman, is short of days and full of trouble\u2019 [KJV: Job 14: 1].<\/strong> This may have manifested itself when a clearly \u2018Unprovoked Knife Attack,\u2019<\/strong> left his mother \u2018Maudlyn James\u2019<\/strong> a grief-stricken. Three violent-prone, knife-wielding youth snuffed out the life of her defenceless son, \u2018Shane \u2018Watches\u2019 James 28.<\/strong>\u2019 He was overwhelmed, and overcame by multiple death-intended \u2018Piercing and Penetrating\u2019<\/strong> stab wounds to the body, to which he succumbed. The attack not only shock the nation into dismay, but also provoked outrage among members of the \u2018Sea View Farm\u2019<\/strong> community, and by extension, the populace [May 7, 2015].<\/strong><\/p>

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PERSPECTIVE<\/strong><\/p>

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This commentary looks at the constitutional position, role and functions of the \u2018Director of Public Prosecutions (DPP)\u2019 within this jurisdiction, but also seeks to \u2018Awake the Sleeping Conscience of the Judiciary.\u2019 <\/strong>It also respectfully reviews \u2018His Lordship, Justice Stanley John\u2019s\u2019<\/strong> \u2018Non-Sentencing Philosophy.\u2019 The courses of action taken by \u2018Crown Prosecutors,\u2019 continue to offend logic. It also looks at the \u2018Prosecutorial Tragedy,\u2019 that occurred in the \u2018Aborted Shane \u2018Watches\u2019 James Murder Trial.\u2019 Further, i<\/strong>t provides a professional view of the evidentiary elements that constitute; (i)<\/strong> \u2018Murder; and (ii) The alternative Verdict of Manslaughter.\u2019<\/strong><\/p>\n

PROSPERITY JEALOUSY<\/strong><\/p>

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Down through the pages of history, the loss of life at the hands of man was known as \u2018Killing.\u2019\u00a0 Scriptural readings reveal that out of \u2018Prosperity Jealousy,\u2019<\/strong> triggered by pent up feelings of animosity, saw \u2018Cain\u2019 \u2018Killed\u2019<\/strong> his brother \u2018Abel\u2019 [KJV: Genesis 4: 1- 16]. The \u2018Spirit of God\u2019 appeared to have left the body of \u2018Cain.\u2019 When modern man established society, he anticipated that man will kill for any, and everything. Thus, out of \u2018Anger; Jealousy; Sex; Property; and Money,\u2019 man will \u2018Kill\u2019 his fellowmen. This necessitated mechanisms for \u2018Social Control.\u2019 Then through formalized institutions in seeking to control man\u2019s temper and curb his violent rage, it was decided that whosoever takes life, such \u2018Killing shall be called \u2018Homicide.\u2019 Conversely, if man \u2018Kills,\u2019 when there was \u2018No intention to Kill,\u2019 such will be called \u2018Manslaughter.\u2019<\/p>\n

MURDER\/MANSLAUGHTER<\/strong><\/p>

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Conversely, if man kills deliberately and the element of \u2018Malice,\u2019 whether; (a) Expressed; or (b) Implied,\u2019 is present, then such killing constitutes the \u2018Crime of Murder.\u2019 Consequently, if he is to enter a \u2018Guilty Plea,\u2019 it shall be for no other offences, but that which he\/she stands indicted. Irrespective of the nature of crime, the \u2018Constitution Order,\u2019 not only supports a \u2018Voluntary Plea,\u2019 but also guarantee the \u2018Right to be Presumed Innocent.\u2019 None, therefore, shall be induced to \u2018Waive such \u2018Right\u2019 for that which he\/she was \u2018NEVER\u2019 indicted. [ANU: CO: 1981: Section 15].<\/p>

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A COMPOUNDED TRAVESTY<\/strong><\/p>\n

The final disposal of the \u2018Joint-Murder Indictments,\u2019<\/strong> not only appeared; (a)<\/strong> \u2018Wreak of prosecutorial inconsistencies and indiscretions, but also judicial insensitivity and incivility. \u2018As with all other \u2018Administrators of Justice,\u2019 when \u2018His Lordship, Justice Stanley John,\u2019<\/strong> would have been forced by \u2018Crown Prosecutors\u2019 not to cause a 12-member Jury to be impaneled to try the \u2018Murder Indictment,\u2019 against \u2018Three Knife-Wielding Indicted Murderers,\u2019<\/strong> and accepted \u2018Brief Case Facts\u2019<\/strong> for a decision, clandestinely made outside the Judiciary,\u2019 the Court shall have seen itself as \u2018Compounding a Travesty.\u2019<\/strong><\/p>\n

FLIRTED WITH TRAVESTY<\/strong><\/p>\n

It has been the expressed view of many law-abiding, but outraged citizens, that only those that favored and savored \u2018Shortcut to Justice,\u2019 <\/strong>would have taken a non-prosecutorial approach to such a heinous criminal act. After a four year \u2018Trial Delay\u2019<\/strong> on \u2018Indictment for Murder,\u2019 \u2018Crown Prosecutors and Administrator of Justice,\u2019 accepted two \u2018Manslaughter Guilty Pleas.\u2019 <\/strong>They had in fact \u2018Flirted with Travesty.\u2019 <\/strong>The proceedings ended by presenting \u2018Un-Judicially-Tested Case Facts.\u2019 <\/strong>Incidentally, the accused \u2018Ryan \u2018Chargie\u2019 Samuel\u2019 <\/strong>correctly pleaded guilty to Murder as indicted [Observer: July 3, 2019]. With clearly no \u2018Mitigating Features,\u2019<\/strong> only a \u2018Facts-Taking Administrator,\u2019<\/strong> obscured by \u2018Judicial Blindness,\u2019 <\/strong>may have seen otherwise.<\/p>\n

FEATURES OF AGGRAVATION<\/strong><\/p>\n

Research showed a preponderance of evidence, strengthened by overwhelming \u2018Features of Aggravation. <\/strong>Reasonable drawn inferences, revealed not only; (a)<\/strong> \u2018An Intention to kill,\u2019<\/strong> but also; (b)<\/strong> \u2018Meeting of criminal minds; (c) <\/strong>A well-planned knife-attack; (d)<\/strong> A well-timed, and almost surgically-executed operation; and (e)<\/strong> An unmistaken \u2018Common Design.\u2019 The end results, \u2018Multiple stab wounds and death.<\/strong>\u2019 At \u2018Trial,\u2019 a properly directed Jury, would find no difficulty in arriving at the appropriate Verdict. When the said \u2018Administrator of Justice,\u2019<\/strong> sentenced the two apparent cold-blooded killers to \u2018Time Served on Remand,\u2019 <\/strong>and \u2018Set the Killers Free,\u2019<\/strong> Satan\u2019 may have said; \u2018That \u2018Administrator\u2019 qualifies to be on the \u2018Roll\u2019 down below.\u2019<\/p>\n

MURDER: COMMON LAW<\/strong><\/p>\n

It has been the professional knowledge, practical law enforcement and criminal investigation, that the crime of \u2018Murder\u2019 had been legally recognized from \u2018Time Immemorial\u2019<\/strong> as a punishable criminal offence. This has been so, long before today\u2019s \u2018Administrators of Justice\u2019 had seen the \u2018Court\u2019s Gavel.\u2019 Given its societal prevalence and frequency, it was made a crime at \u2018Common Law.\u2019 Should such planning revealed, \u2018Premeditation\u2019<\/strong> with \u2018Malice aforethought,\u2019 then such \u2018Killing\u2019 shall be called \u2018Murder.\u2019 This has been so within the British Commonwealth jurisdictions, particularly those retaining the \u2018London Judicial Committee of the Privy Council (JCPC).\u2019 Conversely, neither \u2018Crown Prosecutors,\u2019 nor \u2018Administrators of Justice\u2019 may point to a specific \u2018Statutory or Common Law\u2019 provision that has defined \u2018Manslaughter\u2019 as a crime.<\/p>\n

UNLAWFUL KILLING<\/strong><\/p>\n

Thus, within this jurisdiction, \u2018Manslaughter\u2019 has never been made; (i) \u2018An arrestable; (b)<\/strong> Chargeable; (c)<\/strong> an Indictable; nor Prosecutable criminal offence.\u2019 Though it has been classified as an \u2018Unlawful Killing,\u2019<\/strong> yet, without \u2018Premeditation and Malice.\u2019 From this perspective, \u2018Trial Judges\u2019 are judicially-bound to explain the \u2018Criminal Elements\u2019 to Juries, that they shall have a clear understanding of; (i)<\/strong> \u2018Murder\u2019 as the chargeable crime; and (ii)<\/strong> Manslaughter as the \u2018Alternative Verdict for Juries.\u2019 Instructively, as obtained in other \u2018OECS jurisdictions, the law provides only for punishment for a conviction of \u2018Murder,\u2019 as well as for a return verdict of \u2018Manslaughter\u2019 by the Jury.\u2019 [ANU: Sections 3 and 5: Offences Against the Person Act: Chapter 300].<\/p>\n

GREATER AND LESSER<\/strong><\/p>\n

Professional instructions on \u2018Criminal Evidence and Procedures,\u2019 enlightened \u2018Trainees\u2019 of the meaning of these words, \u2018Greater and Lesser.\u2019<\/strong> In their application to the chargeable crime of \u2018Murder,\u2019 it was said it o includes the \u2018Alternative Verdict of Manslaughter.\u2019 Those indicted for \u2018Murder,\u2019 shall not be confused that they have been charged with a Verdict.\u2019 It is not only the adjudicating function of \u2018Trial Judges\u2019 to explain, but also to properly direct and guide their understanding of legal elements that constitute the crime. Every \u2018Trial Judge\u2019 know the results of \u2018Improper Jury Directions.\u2019 First, a \u2018Return Verdict\u2019 that might prompt \u2018Crown Prosecutors\u2019 to test the reasoning powers and rationality of Judges. This was often the case, even when the Jury chose to interpret the law differently.\u2019 Secondly, an Appeal by the Prosecution, citing \u2018Improper Directions\u2019 on the Law.\u2019 This was when the accused persons \u2018Get Away with Murder and Punishment,\u2019 as in the instant Case.<\/p>\n

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

Grief-stricken, a mother continues to wail and mourn over the stabbing death of her son. Shocked into dismay, gnashing the teeth, a community riled up against \u2018Violence and Barbarism.\u2019<\/strong> Overwhelmed, but united by grief, member of society rant and rave. Terror-stricken, a citizenry calls for \u2018Justice\u2019 and protection. It will have been observed that many that have been appointed to serve the public and assigned certain legal responsibilities, appeared not to have fully accorded judicial recognition. Neither had the idiom\u2019s conceptualization of that which shall be accepted as \u2018Fair; Just; and Equitable.\u2019<\/p>\n

GRIEVOUS TRAVESTY<\/strong><\/p>\n

So, damning to \u2018Crown Prosecutors; So outrageous to the Citizenry; So disturbing to the \u2018Seaview Farm community; and So vexatious to the spirit,\u2019 it necessitated instant institution of \u2018Appellate Proceedings,\u2019 to correct that which was nationally perceived as a \u2018Grievous Travesty\u2019 to his mother, Maudlyn James\u2019 [May 7, 2015]. Yet, it appeared that in the mind of the Court they were not aggravative enough to merit consideration of a \u2018Custodial Sentence.\u2019 The proceedings, reduced to merely a Prosecutor-presenting \u2018Brief Case Facts\u2019 for the unindicted alternative \u2018Jury Verdict of \u2018Manslaughter.\u2019<\/p>\n

MENTAL AGONY<\/strong><\/p>\n

Research has shown that \u2018Maudlyn James, along with her \u2018Murdered Son,\u2019 were among several other \u2018Bus-commuting residents of the pottery-making, quiet, sleepy \u2018Sea View Farm\u2019 community.\u2019 They were reportedly awaiting to be bussed to a St. John\u2019s destination. He was attacked by three knife-wielding youth. In a vain attempt to escape, as fate sometimes has it, he was not positioned to repel the attack. Several viciously-inflicted stab wounds saw his tragic death. This has not only brought unbearable pain, constant misery and \u2018Mental Agony\u2019<\/strong> to the family, but also mirrored a notoriety\u2019 to the \u2018Criminal Justice System\u2019 by a \u2018Non-Murder Trial Decision,\u2019 and \u2018non-incarceration following an apparent \u2018Pre-arranged Manslaughter Guilty Plea.\u2019<\/p>\n

SOCIETAL LAWLESSNESS<\/strong><\/p>\n

Now, more than ever, it appears that those in quest of \u2018Justice\u2019 through the \u2018Criminal Justice System,\u2019 may have seen that \u2018Justice\u2019 appeared to have been allowed to see the faces of heartless and merciless \u2018Murderers,\u2019 beaming smiles for their advantageously exploited both, the \u2018Prosecutorial Service and Criminal Justice System.\u2019<\/strong> When grief comes upon the law-abiding by unchecked and festered \u2018Societal Lawlessness;\u2019<\/strong> (i) \u2018Law enforcers; (ii) Crown Prosecutors; and (iii) Adjudicators and administrators of Justice,\u2019 shall not only be seen as reactively endeavoring to promote societal quietude, but also seeking to engender the \u2018Spirit of Communality.\u2019 They shall know that civil society has no tolerance for, and seeks no mercy for \u2018Cold-blooded Murderers.\u2019<\/p>\n

CRIME AND PUNISHMENT<\/strong><\/p>\n

As it affects \u2018Crime and Punishment,\u2019 not infrequently, blame was apportioned to the adjudicators. That which shall be told<\/strong> is that when \u2018Crown Prosecutors\u2019 took \u2018Shortcuts to Justice.\u2019 The Case of the \u2018Knife-Wielding Killers\u2019 irrefutably makes the point. It will have been seen that when apparent \u2018Prosecutorial Incompetence and\/or inexperience prompted reasonably-drawn inferences, \u2018Trial Judges\u2019 were \u2018Scapegoated\u2019 and unfairly subjected to public ridicule. Factually, these adjudicators would have done nothing adjudicating or judicially wrong. In \u2018Chambers, Camera or at Bar,\u2019 Judges are all under subjection of \u2018Rules of the Court.\u2019 Equally as much, they shall be accorded courtesy and respect, so shall these be expected from them.<\/p>\n

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

Crown Prosecutors shall \u2018Establish a \u2018Prima Facie Case.\u2019<\/strong> If at the end, and close of the \u2018Case for the Prosecution,\u2019 and no \u2018Legal Submissions\u2019 are made for \u2018No Case to Answer,\u2019<\/strong> then the Accused shall be called upon to go on the defence. They shall prove the guilt of the accused \u2018Beyond Reasonable Doubt.\u2019 Such \u2018Doubt\u2019 is neither to be harbored by; (a)<\/strong> \u2018Crown Prosecutors; (b)<\/strong> Defence Attorneys; nor (c)<\/strong> Trial Judges.\u2019 Such \u2018Doubt\u2019 shall be in the minds of \u2018Members of the Jury.\u2019 Even so, before retirement to consider a \u2018Verdict \u2018Trial Judges\u2019 shall direct Juries that should they harbor such \u2018Doubt,\u2019<\/strong> it shall be resolved in favor of the \u2018Accused\u2019 they have tried. This is point where Juries shall decide, whether or not to allow \u201810 Guilty men to go free,\u2019<\/strong> than to find \u2018One Innocent accused \u2018Guilty.\u2019<\/strong><\/p>\n

MURDER INDICTMENTS<\/strong><\/p>\n

From basic to advanced \u2018Law Enforcement\u2019 training, knowledge and practical criminal investigations, \u2018Murder Indictments,\u2019 meant, and still mean \u2018Trial by Jury.\u2019 It means ventilating and testing the evidence of witnesses under \u2018Oath or Affirmation.\u2019 It means subjecting witnesses to vigorous \u2018Cross Examination.\u2019 Before, leaving the witness stand, it means craving the Court\u2019s indulgence in informing \u2018Witnesses of Interest\u2019 that they are \u2018Still Under Oath.\u2019 That is to say; (a) \u2018The Defence may wish to put further questions; or (b) The Jury may also wish to seek clarification of facts that seems ambiguous and\/or difficult to comprehend.<\/p>\n

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

Today, more than ever, that which has been observed as trending within the \u2018Criminal Jurisdictions\u2019 of the \u2018OECS,\u2019 was that some \u2018State-appointed Directors of Public Prosecutions (DPP),\u2019 have developed, gravitated and embraced an unwholesome \u2018Non-prosecutorial Practice.\u2019 In which case, some accused persons were not put on trial for that which they had been indicted. It has been widely viewed that such practice has brought more \u2018Travesty,\u2019 than \u2018Justice\u2019 to those that have been left bereaved. It will have been seen that many \u2018Crown Prosecutors\u2019 have been relying on the simple task of merely giving \u2018Brief Facts of the \u2018Guilty Plea Cases\u2019 to \u2018Magistrates and Judges.\u2019 Given that which was alleged to have transpired in the presence of the mother of the deceased, research revealed no laudable acts that may have been seen as \u2018Special\u2019 to the heinous criminal act.<\/p>\n

BARGAINING CHIP<\/strong><\/p>\n

Incidentally, \u2018Manslaughter Guilty Pleas\u2019 have now been used as a \u2018Bargaining Chip\u2019<\/strong> by \u2018Defence Attorneys,\u2019 and \u2018Red Herring Bait\u2019 to catch \u2018Crown Prosecutors.\u2019 In reverse, these \u2018Public Prosecutors,\u2019 will have been seen as using a \u2018Barracuda to catch a Sprat.\u2019 Such was apparent when the preferred choice of a \u2018Manslaughter Guilty Plea\u2019 over a \u2018Full Prosecutorial Trial\u2019 for Murder\u2019 was accepted. This effectively eliminated \u2018Trial by Jury.\u2019 Clearly, in the referred Case, the learned Justice seemed to have completely ignored the gravity of the \u2018Crime of Murder.\u2019 Consequent upon which, there may have been \u2018Factors\u2019 that may have been misguidedly accorded improper judicial consideration.\u2019<\/p>\n

PERILS TO JUSTICE<\/strong><\/p>\n

In spite of human fallibility, individually and collectively, Judges, owe to themselves to be legally, judicially, professionally and ethically \u2018Self-Guided.\u2019<\/strong> Therefore, since theirs has been the responsibility to adjudicate criminal proceedings, they shall be seen as endowed with the \u2018Sense of Reason and Understanding.\u2019 These allow for making informed judicial decisions. Where these were perceived to be lacking, they tend to bring nothing, but \u2018Perils to Justice.\u2019<\/strong>\u00a0 In criminal trials, with or without Juries, they give legal directions to Juries, as they shall give to themselves when adjudicating as \u2018Judge Alone.\u2019 Though they have not openly said so, from professional knowledge, it has never been an Adjudicator\u2019s duty to; (a) \u2018Make strong prosecution cases weak; nor (b) Make \u2018Weak Defences strong.\u2019 <\/strong>Theirs, have always been the administration and dispensation of Justice.\u2019<\/p>\n

TOOK FLIGHT – HOT PURSUIT<\/strong><\/p>\n

The incident saw two \u2018Public Roads\u2019 within the community, being watered with the blood of a \u201828-year-old promising Chef.\u2019 The stab wounds effectively drained the blood-carrying vessels of vital contents necessary for man\u2019s and his survival. That which \u2018Public Prosecutors,\u2019 appeared not to have taken into consideration, was that the \u2018Deceased,\u2019<\/strong> reportedly \u2018Took Flight.\u2019<\/strong> He reportedly sprinted for an estimate distance of \u2018some 1, 200 feet,\u2019<\/strong> to escape the wrath of the knife-wielding accused. Then in \u2018Hot Pursuit,\u2019 the \u2018Knife-Wielders,\u2019<\/strong> inescapably cornered him when his bloody-clothed body, fell at the residence and \u2018Haberdashery Shop,\u2019<\/strong> of the mother of \u2018former Education Minister, Michael Browne.\u2019<\/p>\n

MORE BLOOD THAN RAIN<\/strong><\/p>\n

Then with \u2018Merciless Vengeance\u2019<\/strong> and unstoppable and deadly wields, with apparent razor-sharp knives,\u2019 they reportedly inflicted multiple \u2018Life-Taking Stab Wounds\u2019 to various parts of his body [May 7, 2015]. On the fateful day, she would have seen more \u2018Human Blood\u2019<\/strong> flowed onto her residence, than \u2018Rain\u2019<\/strong> that fell on the \u2018Sea View Farm\u2019<\/strong> community,\u2019 for the entire \u2018Month of May- 7, 2015.\u2019 <\/strong>The consequences of which left a helpless and terrified mother grief-stricken.\u2019 Most horrifying to his \u2018Eyewitness Mother,\u2019<\/strong> was the apparent insensitive and <\/strong>non-prosecutorial approach\u2019 taken by \u2018Crown Prosecutors.\u2019<\/strong> Had \u2018His Lordship Justice Stanley John\u2019<\/strong> been seized of this critical piece of evidence, he could neither have considered it \u2018Special to the Crime,\u2019 <\/strong>nor \u2018Mitigating.\u2019<\/strong><\/p>\n

MIND SHATTERING TRAVESTY<\/strong><\/p>\n

When they crazily \u2018Aborted a Murder Trial\u2019<\/strong> in which they had seen a \u2018Reasonable Prospect of Conviction,\u2019 <\/strong>then accepted a \u2018Defence-offered Manslaughter Guilty Plea,\u2019 <\/strong>the \u2018Prosecutors for the Crown,\u2019 had clearly reduced the gruesome nature of the vicious and serious crime. In fact, such \u2018non-prosecutorial decision, suggested a condition that bordered insanity. Luckily, residential conditions at the \u2018Clarevue Psychiatric Hospital,\u2019<\/strong> would, undoubtedly, add more aggravation to their sanity. From the news portals there are those that have delivered decisions were said to have been wreak of irrationality. Prosecutorally, there have been some decisions that were not only perceived as insane, but also speaks to a \u2018Mind Shattering Travesty.\u2019<\/strong><\/p>\n

CORRUPT PROSECUTORIAL PRACTICE<\/strong><\/p>\n

This may have been the experience of a grieving and distraught \u2018Mother, Maudlyn James.\u2019 <\/strong>Many people have perceived the action to have been nothing short of a \u2018Corrupt Prosecutorial Practice.\u2019 <\/strong>As agonizing as it may have been, had three \u2018Knife-Wielding Killers\u2019<\/strong> put on \u2018Trial for the \u2018Murder\u2019 of her son \u2018Shayne \u2018Watches\u2019 James,\u2019<\/strong> the Prosecution would have discharged their \u2018Prosecutorial Duties\u2019 <\/strong>to the public. The accused would have been tried by a \u2018Jury of their Peers.\u2019<\/strong> Though graphic and painful, the Jury would have heard firsthand, what actually transpired, particularly that which she had personally witnessed. Some persons, likened to some things that were often made to be expediently unequal, she likened to the Jury, were denied the opportunity to ventilate the evidence.<\/p>\n

FULL CRIMINAL TRIAL<\/strong><\/p>\n

The evidence, no doubt, will have been hair-raising for even a mindful \u2018Jury,\u2019 had there been a \u2018Full Criminal Trial.\u2019<\/strong> To an adjudicator, with a deep \u2018Sense of Sensitivity,\u2019 the graphic nature of \u2018Eyewitnesses Accounts\u2019 of the heinous criminal act, will have been sufficiently as to nudge, move and touch and awake an apparent \u2018Sleeping Conscience of the Judiciary.\u2019 Moreover, no \u2018Criminal Trial Judge,\u2019 shall be seen as giving the citizenry reasons to provoke their perceptive skills. Such has the potential to view \u2018Adjudicating Judges,\u2019 as showing deference and scant respect for the \u2018Sanctity of Life.\u2019<\/p>\n

TIME SERVED ON REMAND<\/strong><\/p>\n

If \u2018His Lordship, Justice Stanley John\u2019s\u2019 idea of \u2018Sentencing\u2019 had efficacy as some Vaccines, he may not have ordered two of the three \u2018Knife-Wielding killers;\u2019 \u2018Dane \u2018Blinga\u2019 Hart and Lenroy \u2018Ramone\u2019 Black,\u2019 to \u2018Time Served on Remand.\u2019<\/strong> This has not only been a \u2018Judicially-Invented Misnomer,\u2019 <\/strong>of grievous consequences to the dispensation of \u2018Justice.\u2019 However, the esteemed Justice, shall not be crucified for the \u2018Sins of Prosecutorial Sinners.\u2019 Moreover, those that have sacrificed \u2018Justice\u2019 by accepting \u2018Manslaughter Guilty Plea\u2019 for \u2018Murder,\u2019 appeared as guilty as \u2018Cold-Blooded Murderer.\u2019<\/p>\n

AVOIDABLE INADVERTENCE<\/strong><\/p>\n

Even respectfully according the benefit of doubt to \u2018His Lordship, Justice Stanley John\u2019 there may have been a serious omission, if not, \u2018Avoidable Inadvertence.\u2019<\/strong> His Lordship\u2019 appeared to have been fixated upon \u2018Time Served on Remand,\u2019<\/strong> than the statutory-provided penalties. It was obvious that he may not have exercised judicial diligence, sufficient for him familiarize himself with the provisions of the law\u2019 [Offences Against the Person Act].\u2019 Inadvertently, the overlooked penalty, saw \u2018Crown Prosecutors,\u2019 taking the controversial judicial decision to another level [OAPA: Section 3]. The \u2018Supreme Law- Constitution Order\u2019 provides for a justifiable course of action [CO: 1981: Section 4 (2)].<\/p>\n

PENALTIES FOR MANSLAUGHTER<\/strong><\/p>\n

When persons have been so charged, and \u2018Prima Facie Evidence\u2019 show \u2018Prospect of Conviction\u2019 or may serve the \u2018public\u2019s interest,\u2019 then \u2018Crown Prosecutors\u2019 shall indict for Murder, pending \u2018Trial by Jury.\u2019 As it relates to the alternative verdict of \u2018Manslaughter,\u2019 Statutory provisions provides for punishment. The law states; \u2018Whosoever shall be convicted of \u2018Manslaughter,\u2019 shall be liable, at the discretion of the Court, to be imprisoned for; (i) \u2018A term not exceeding thirty-five years, <\/strong>with or without hard labour; or (ii) Ordered to pay such fine as the Court may determine; or (iii) Without any such other discretionary punishment as aforesaid\u2019 [OAPA: Section 5].<\/p>\n

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

That which \u2018Crown Prosecutors\u2019 appeared not to have factored in the \u2018Manslaughter Guilty Plea Offer,\u2019 was that by the time \u2018His Lordship\u2019 took away \u2018Time for This; Time for That; Time for Hither and Time for Tither,\u2019 there was virtually no \u2018Time\u2019 left for \u2018Manslaughter-convicts \u2018Blinga and Ramone\u2019 to serve at \u20181735.\u2019 Guided by the Offences Against the Person Act,\u2019 there shall have been more than enough \u2018Time.\u2019 The \u2018Act\u2019 states; \u2018Whosoever shall be convicted for \u2018Manslaughter,\u2019 shall be liable, at the discretion of the Court, to be imprisoned; (a) \u2018For any term not exceeding thirty-five years; or (b) Pay such fine as the Court may award\u2019 [OAPA: Sections 3 & 5].<\/p>\n

TIME FOR CHURCH<\/strong><\/p>\n

As both \u2018Manslaughter Guilty Plea-Convicts\u2019 walked freely, were they not quickly returned to the penitentiary, pending \u2018Crown Prosecutors Appeal,\u2019 there would have been adequate \u2018Time\u2019 available for them attend \u2018Church\u2019 at the \u2018Sir Vivian Richards Stadium\u2019 [ANU: December 17, 2022]. They would not only have seen \u2018Burna Boy\u2019<\/strong> perform, but also hear \u2018Father Philis\u2019<\/strong> preach the \u2018Concert Gospel\u2019 and sing the song; \u2018Brawling\u2019<\/strong> [You Tube]. Then when the \u2018EC$1, 000 Ticket Fee\u2019 received blessing from \u2018Father Phillis\u2019<\/strong> and cursing and fretting when the concert was over, likened to \u2018Ramone and Blinga,\u2019 many congregants will have been going home \u2018Bawling\u2019 [ANR].<\/p>\n

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

In all \u2018Murder Trials,\u2019 the consideration as to whether or not an accused person intended the \u2018Natural and Probable Consequences\u2019 of his\/her actions, resides only with \u2018Juries of their Peers.\u2019 Except procedural Ignorance\u2019 <\/strong>and prosecutorial \u2018Abuse,\u2019<\/strong> under existing and enforceable laws of \u2018Antigua and Barbuda,\u2019 the latter is neither indictable nor a \u2018Pleadable\u2019 criminal offence. It is an \u2018Alternative Verdict to Murder.\u2019 <\/strong>This is returnable \u2018ONLY\u2019 by \u2018Juries,\u2019 if they are satisfied that an accused person had \u2018No Intention\u2019<\/strong> to kill. The law provides for an intention to do serious harm that had resulted in death.<\/strong>\u2019 It shall be warned, that some facts might be distressing, if not disturbing. These are shared knowledge of the Law; Practical Law enforcement; Criminal investigations; and Police prosecutions.\u2019 Still, it is worthwhile to know what currently obtains within the \u2018Criminal Justice System.\u2019<\/p>\n

MALICE: CRIMINAL ELEMENTS<\/strong><\/p>\n

As it affects \u2018Murder Trials,\u2019<\/strong> non-conduct of such proceedings, have not only provoked anger and outrage in the populace, but invariably begged for rationality for some \u2018Court Decisions.\u2019 The constituent element that speaks to \u2018Implied Malice,\u2019<\/strong> shall show conclusively by evidence, adduced, the accused person had expressed \u2018No Intention to Kill.\u2019<\/strong> Notwithstanding, evidence shall show that the accused persons \u2018Intended to inflict grievous bodily harm\u2019<\/strong> to another. The impaneled 12-members Jury, shall collectively and unanimously determine whether or not: (i) \u2018The accused intended to kill as indicted; or (ii)<\/strong> Reckless that his action would have resulted consequences death.\u2019 Such might be seen through reasonably drawn inferences.<\/p>\n

SANCTITY OF LIFE<\/strong><\/p>\n

In constitutional democracies, such as those comprising and existing within the \u2018Organization of Eastern Caribbean States (OECS), their respective \u2018Constitution Orders\u2019 provide for respect for the \u2018Sanctity of Life,\u2019<\/strong> Even as these countries \u2018Criminal Justice Systems\u2019 provide \u2018Penal Consequences\u2019<\/strong> for those that showed no respect for human lives, the \u2018Murderers\u2019 appear no different to some appointed to the Judiciary as \u2018Administrators of Justice.\u2019<\/strong> The \u2018Supreme Judicial officer,\u2019 could have been speaking to \u2018Facts-Taking Judges\u2019<\/strong> for \u2018Manslaughter Guilty Pleas.\u2019<\/p>\n

TENUOUS EVIDENCE<\/strong><\/p>\n

In the \u2018Shayne \u2018Watches\u2019 James Murder,\u2019<\/strong> a \u2018Philosophical Practice\u2019 had been borne out. There was no trial of those who had tragically snuffed out the life of \u2018Shayne \u2018Watches\u2019 James.\u2019 Most heart wrenching was when \u2018His Lordship, Justice Stanley John,\u2019<\/strong> judicially-obliged, and received the \u2018Untested Facts of the Case.\u2019<\/strong> Had there been a \u2018Murder Trial,\u2019 no \u2018Adjudicator\u2019 could have been convinced that the evidence was of a \u2018tenuous nature as to have created \u2018Doubt\u2019 in the mind of the \u2018Jury\u2019 over the guilt of two of the three accused. Thus, when he decided, and \u2018Set the Killers Free,\u2019 such appeared to have been nothing short of \u2018Travesty of Justice.\u2019<\/p>\n

SELF-EVIDENT TRUTH<\/strong><\/p>\n

Looked at from a different perspective, few \u2018Crown Prosecutors\u2019<\/strong> shall be put on notice, that such practice not only speaks to \u2018Travesty of Justice,\u2019 but also to \u2018Vain Glory\u2019<\/strong> [KJV: Philippians 2:3]. Crown Prosecutors saw the \u2018Self-Evident Truth\u2019<\/strong> that the seriousness of the injuries sustained, resulted in the unlawful and tragic death. In the instant Case, \u2018Crown Prosecutors shall not deny that there was overwhelming evidence of \u2018Malice\u2019<\/strong> against the deceased. It was obvious that the multiplicity of stab wounds, mercilessly inflicted<\/strong> upon the person of \u2018Shayne \u2018Washes\u2019 James,\u2019 <\/strong>were intended kill.\u2019<\/p>\n

FUNDAMENTAL QUESTION<\/strong><\/p>\n

Adding to the miseries of his grief-stricken mother, \u2018an Aborted Murder Trial\u2019 resulted in the unthinkable. Public Prosecutors, and by extension the \u2018High Court of Justice,\u2019 appeared to have made \u2018Mockery of Justice.\u2019 This has prompted the \u2018Fundamental Question;\u2019<\/strong> \u2018Why would; (i) \u2018A competent and astute Director of Public Prosecutions (DPP); (ii) A properly directed Jury; and (iii) A learned, efficient and competent Judge not believe that the \u2018Three Knife-Wielding Accused\u2019 had \u2018No Intention to Kill?\u2019 Consequent upon the \u2018Fate\u2019 suffered in the \u2018Shane \u2018Watches\u2019 James,\u2019 the trial of those indicted for the \u2018Murder\u2019 of the former Customs officer \u2018Nigel Christian\u2019 [Observer July 7, 2021], shall suffer no \u2018Non-Prosecutorial Consequences\u2019 for \u2018Manslaughter Guilty Pleas.\u2019<\/p>\n

COMMON DESIGN<\/strong><\/p>\n

When the \u2018Knife-wielding Killers,\u2019 were indicted for \u2018Murder,\u2019 they were to face \u2018Trial by Jury.\u2019 Three youth viciously stabbed her son, \u2018Shayne \u2018Watches\u2019 James\u2019 [Barbados Today: May 2015]. The knife-wielding killers have been identified as; (i)<\/strong> \u2018Ryan \u2018Chargie\u2019 Samuel [Liberta]; (ii)<\/strong> Dane \u2018Blinga\u2019 Hart [Seaview Farm]; and (iii)<\/strong> Lenroy \u2018Ramone\u2019 Black [New Street: St. Johns]. Consequent upon the vicious and brutal knife attack, \u2018Watches\u2019 succumbed to the gravity of the injuries inflicted with \u2018Common Design,\u2019<\/strong> upon his person [May 7, 2015]. That which the concept \u2018Justice\u2019 suggests, the peaceful and law-abiding citizens see them as the cause of much unease, discontent and dissatisfaction.<\/p>\n

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

The apparent manipulative and\/or exploitative behavior of \u2018Crown Prosecutors,\u2019 speaks to a seemingly gradually developing malignant practice. It has been seen as rapidly overtaking the \u2018Halls of Criminal Justice\u2019 across the \u2018Organization of Eastern Caribbean States (OECS).\u2019 Suffice to say, it seems bad for the \u2018Administration of Justice.\u2019 Lest \u2018Travesties\u2019 are allowed to fester or committed in the face of the Court, void of judicial sanctions, then it will be seen that the \u2018Blindfold of Justice\u2019<\/strong> has been completely removed. This much is owed to those that have been grievously and criminally victimized. Properly diagnosed, there shall be little doubt that, though not clinically, criminal \u2018Trial Judges\u2019 are well positioned to employ, and use \u2018Judicial Radiation\u2019 to effectively burn it out. This much is owed to people crying out for \u2018Justice.\u2019<\/p>\n

JUDICIALLY FIXED TRIALS<\/strong><\/p>\n

Moreover, this much is expected by members of the wider society from Judges like those that adjudicate in \u2018Criminal Trials.\u2019 This much shall reflect the institutionalized role, functions and responsibility of the Judiciary in helping to reduce societal lawlessness and protecting society. This shall not be considered an insight, but simply an observation. Consequent upon such, however, \u2018Criminal Trial Judges\u2019 may wish to apprise \u2018Crown Prosecutors\u2019 that criminal indictments that have been given \u2018Judicially Fixed Trials,<\/strong>\u2019 they shall be so tried. Conversely, shall there be other legal and reasonable positions taken, there shall be appropriate \u2018Discontinuance Orders,\u2019<\/strong> authoritatively Fiat by the \u2018DPP\u2019 for discontinuation [ANU: CO: 1981: Section 88 (1) (c)].<\/p>\n

JUSTICE IS BLIND<\/strong><\/p>\n

If anyone believes that \u2018Justice is Blind,\u2019<\/strong> one may wish to look at the graphic gracing Nuffield Burnette\u2019s Book \u2018\u2026\u2019 One should see the \u2018Blindfold\u2019 was lifted over the right eye. This gives \u2018Justice\u2019 a view of seeing just who is are in quest of it. As the idiom suggests, \u2018Justice\u2019 shall not see anyone that is searching for it. Given its meaning and intention, the concept shall neither know of the societal status, class, creed, color; or financial positions of those that have been \u2018Criminally Victimized.\u2019<\/strong> Those that shall really keep the \u2018Blindfold\u2019 in place, covering both eyes, are \u2018Administrators of Justice.\u2019 Not infrequently, dissatisfied victims of crimes, were brought to tears, either by grievous and \u2018Selective Prosecutorial Decisions\u2019 or \u2018Perverse Court Decisions.\u2019<\/strong> These are the officials that often allows \u2018Justice\u2019 to see what it should not see.<\/p>\n

CIVIL\/CRIMINAL JURISDICTIONS<\/strong><\/p>\n

The Attorneys that only practice in a \u2018Civil Jurisdiction,\u2019<\/strong> shall avoid embarrassment in attempting to venture upon a practice within the \u2018Criminal Jurisdictional Courts.\u2019 Lack of knowledge of \u2018Criminal Evidence and Procedure,\u2019 they could experience the heat of \u2018Judicial Fire.\u2019 Though running a risk, that may not necessarily be as \u2018Solemn\u2019 as \u2018Baptism in the Jordan River\u2019 or one in \u2018Unholy Ghost Fire,\u2019 it can be un-contradictorily said; \u2018Certainly the \u2018Judicial Consciences\u2019 of \u2018Their Lordship and Ladyship, Justices Colin Williams and Ann-Marie Smith,\u2019 seems judicially clear. These eminent jurists, would have seen the \u2018Good; Bad; Ugly; and the Indifferent. They appear to have the capacity to make a difference as to how the \u2018Criminal Justice System\u2019 shall function in dispensing \u2018Criminal Justice.\u2019<\/p>\n

ABORTING MURDER TRIALS<\/strong><\/p>\n

The decision by \u2018Crown Prosecutors\u2019 not to prosecute some indicted murderers, have not only been seen by an overwhelming majority of the citizenry, as offending the administration of justice, but also their \u2018State of Mind\u2019 and \u2018Sense of Security.\u2019 These \u2018State Prosecutors\u2019 are in fact; (a) \u2018Interfering with the administration and dispensation of Justice; and (b) Exhibiting a \u2018Fixated Endeavor\u2019 in maintaining a personal record of prosecutorial success.\u2019 Looked at from a particular perspective, \u2018Aborting Jury Trials for Murder,\u2019 as in the case of \u2018Illegal Abortions\u2019 of human fetuses, classified as a crime, so too shall it be for those that have neglected their prosecutorial duties.<\/p>\n

PERVERTED COURSE OF JUSTICE<\/strong><\/p>\n

It will have been seen that when \u2018Crown Prosecutors\u2019 ill-advisedly accepted the \u2018Manslaughter Guilty Plea,\u2019 they had enabled the \u2018His Lordship, Justice Stanley John\u2019<\/strong> to set three \u2018Cold-blooded killers Free.\u2019 Adding judicial insult to the \u2018DPP and Watches Family,\u2019 they walked away without the imposition of punishment commensurate with the heinous crime of \u2018Murder.\u2019 They now know that their \u2018Philosophical Practice,\u2019<\/strong> not only place the \u2018Prosecution Service,\u2019 under intense public scrutiny, but add to the unending and enduring misery to \u2018Watches Family\u2019 and \u2018Seaview Farm community.\u2019 Whether or not there were reasons of obscurity, a reasonable inference appears capable of being drawn that \u2018Crown Prosecutors,\u2019 calculatedly \u2018Perverted the Course of Justice.\u2019<\/strong><\/p>\n

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

This was made self-evident when two of the three killers were; (a)<\/strong> \u2018Committed to stand trial at the Criminal Assizes; and (b)<\/strong> Prosecutorally indicted for \u2018Trial by Jury.\u2019 The bereaved family and the community, have not only found the Prosecutors guilty of reckless abandon, but also \u2018Gross Prosecutorial Negligence.\u2019<\/strong> They, apparently, without reasonable excuse and\/or justification, neglected their \u2018Public Duty,\u2019 <\/strong>by accepting a \u2018Defence offer of a \u2018Manslaughter Guilty Plea.\u2019 <\/strong>Such apparent ill-advised acceptance necessarily suggested that the \u2018Public Prosecutors\u2019<\/strong> had in fact, allowed two vicious knife-wielding murderers to \u2018Get away with Murder. <\/strong>Though indicted for \u2018Murder,\u2019 two accused; (i) \u2018Dane \u2018Blinga\u2019 Hart;\u2019 and (ii) Leroy \u2018Ramone,\u2019 Black\u2019<\/strong> were never put on trial by a \u2018Jury of their Peers.\u2019<\/strong><\/p>\n

PROSECUTORIAL COURSE OF JUSTICE<\/strong><\/p>\n

Thus, given the \u2018Blindfolded Eyes of Justice,\u2019<\/strong> it seems prosecutorally improper for; (i)<\/strong> \u2018Crown Prosecutors; (ii)<\/strong> Accused; and (ii)<\/strong> Defence Attorneys\u2019 to disguisedly show a \u2018Connivance\u2019 of a \u2018Contemptuous Nature\u2019 to railroad the \u2018Prosecutorial Course of Justice.\u2019<\/strong> Then having Judges judicially formalizing such \u2018connivance,\u2019 by accepting \u2018Brief Facts\u2019 for \u2018Manslaughter,\u2019 clearly makes the proceedings a farce. The prosecutorial process allows for \u2018Crown Prosecutors\u2019 to prove that which they have alleged and indicted accused persons for. In the instant case, it could never be prosecutorally and judicially be shown that \u2018Two Murder-Accused\u2019 had been; (a) \u2018Indicted for \u2018Manslaughter; and (b) That a Jury had returned a verdict for \u2018Manslaughter.\u2019 Further, (c) \u2018Upon \u2018Summation of the Evidence;\u2019 (d) Giving of proper legal directions; and (e)<\/p>\n

REASONABLE PROSPECT<\/strong><\/p>\n

Before retirement in consideration of a verdict, \u2018Trial Judges\u2019 shall instruct them that in their deliberations and considerations, the \u2018FACTS\u2019<\/strong> as presented in the evidence, shall be rationally and strictly applied to the \u2018LAW,\u2019<\/strong> as explained to them in the trial. When \u2018Crown Prosecutors\u2019 held the view that there was \u2018<\/strong>Reasonable prospect of conviction,\u2019 They are saying that there is \u2018Preponderance of Evidence,\u2019 to engage the attention of a Jury. Consequent upon which \u2018Indictments for Murder\u2019 are filed. When they accepted \u2018Two Manslaughter Guilty Pleas,\u2019<\/strong> these offended human sensibilities, and speaks clearly to \u2018Selective Prosecutions.\u2019<\/strong> The mantra of all \u2018Directors of Public Prosecutions,\u2019 is to \u2018Bring to Trial\u2019<\/strong> those they have indicted, be they individually or jointly.<\/p>\n

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

From this perspective, all accused persons shall be tried only for that which they have been committed and indicted. There has never been any indictment for \u2018Manslaughter.\u2019 While it has often been misunderstood, in a trial for \u2018Murder,\u2019 \u2018Manslaughter\u2019 has been a homicide that provides Juries with \u2018an Alternative Verdict.\u2019 It shall not be said that the \u2018Vast Majority\u2019<\/strong> of legal scholars had missed the instructional sessions on the \u2018Manifestation of Justice.\u2019<\/strong> Even so, it could never be denied that a \u2018Small Minority\u2019<\/strong> may have lacked comprehension of the \u2018Legal Maxim.\u2019<\/strong> For the guidance of potential \u2018Administrators of Justice,\u2019 they would have been lectured that; \u2018Justice must not only be done, but manifestly appear to have been done<\/strong>.\u2019 This has been the dictum and laid down \u2018Practice Direction,\u2019 by the then \u2018Lord Chief Justice of England, Lord Hewart\u2019 [1924: Rex v Essex: 1 KB:\u00a0 256].<\/strong><\/p>\n

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

That which has been seen as trending has been \u2018Prosecutorial Shortcuts.\u2019 <\/strong>It appears obvious that either for expediency, \u2018Crown Prosecutors\u2019 h<\/strong>ave been given liberty to ignore any \u2018Judicial Fixture of Trials for Murder.\u2019 <\/strong>Moreover, \u2018Administrators of Justice,\u2019 <\/strong>seems happy in accepting the opportunity provided by \u2018Crown Prosecutors\u2019 <\/strong>who seemingly lazily accept offers of \u2018Manslaughter Guilty Pleas.\u2019 <\/strong>There may be nothing more welcoming than retiring either to their Chambers or residence to be indulged in something mind-settling, such as a hot cup of coffee, or a social drink of \u2018Cognac or Whisky.\u2019 Seemingly, once indicted murder-accused accused persons offer and enter a \u2018Manslaughter Guilty Pleas,\u2019<\/strong> then without \u2018Trial by Jury,\u2019<\/strong> they can get away with \u2018Murder.\u2019<\/strong><\/p>\n

PREGANT WITH SUSPICIONS<\/strong><\/p>\n

Constantly being criminally victimized and left dissatisfied with the \u2018Criminal Justice System and the Judiciary,\u2019<\/strong> every so often, victims have been forced to express disgust and open dissent. The citizenry, conscious of the attitude of some \u2018Supreme Court Justices,\u2019<\/strong> have often seemed to be more concerned about this particular institution, than of the criminal acts perpetrated against them. The same appears true for every \u2018Bereaved Family.\u2019<\/strong> Then added to their miseries and mental agony, have been adverse public perceptions of prosecutorial or non-prosecutorial decisions, that were often reasonably suspected to have been \u2018Pregnant with Suspicions.\u2019 <\/strong><\/p>\n

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

For this reason, no \u2018Administrator of Justice,\u2019 needs no reminder of their adjudicating responsibilities. Still, they hall be mindful, and accordingly offer to guide those with \u2018Prosecutorial Deficiencies.\u2019<\/strong> \u00a0Those so observed shall be told that \u2018Facts Taking\u2019<\/strong> for offers of \u2018Manslaughter Guilty Pleas,\u2019 shall not be seen as dispensing with \u2018Murder Trial by Juries.\u2019 They shall also know that this has now been seen as a non-prosecutorial practice, that has the effect of provoking disquiet among law-abiding citizens, and offers no value to the \u2018Administration of Justice.\u2019 Moreover, they shall know that such practice, brings no comfort, neither to the \u2018Court,\u2019 nor to the bereaved and grieving families.<\/p>\n

BEACON OF HOPE – HORROR<\/strong><\/p>\n

At this juncture, lest it be misconstrued, it shall be said that neither \u2018Contempt\u2019 nor, disrespect was intended to the \u2018Judiciary.\u2019 Besides, there continues to be nothing, but high esteem for the \u2018Justices.\u2019 Readers shall know that the overwhelming majority, are presumed to be of high repute, above reproach, and seems resolute, independent, fair and impartial. It shall also be presumed that in the role and functions as \u2018Administrators of Justice,\u2019 they shall not only be seen as dispensing justice, but also endeavoring to uphold the \u2018Rule of Law.\u2019<\/strong> However, even as the \u2018Supreme Judicial Officer\u2019 for the \u2018OECS,\u2019<\/strong> continue to implore, if not impress upon \u2018Administrators of Justice\u2019<\/strong> to protect and project<\/strong> the \u2018Judiciary and Courts\u2019 as the \u2018Beacon of Hope,\u2019<\/strong> some judicial officers continue to project these institutions as \u2018Places of Horror.\u2019<\/strong><\/p>\n

PENAL SERVITUDE<\/strong><\/p>\n

Few \u2018Administrators of Justice\u2019 seemed to appreciate the legal term \u2018Penal Servitude.\u2019<\/strong> Most seemed consumed with the clearly ludicrous \u2018Sentencing Guidelines.<\/strong>\u2019 Many seemed to have accepted that it has removed all discretionary powers, inherent in the judicial position. Consequent upon which, not that a small timid minority continues to show insensitivity to the feeling of bereaved families, but also almost utter disregard to \u2018Statutory-provided penalty for \u2018Murder.\u2019 In fact, the citizenry, in private conversations, believe that this minority would better serve the interest of global \u2018Human Rights Organizations\u2019, such as \u2018Amnesty International and \u2018Human Rights Watch.\u2019<\/strong> Still, there are people that believe that some \u2018Justices\u2019 would make better \u2018Defence Attorneys\u2019<\/strong> than of their current positions of \u2018Administrators of Justice.\u2019<\/strong><\/p>\n

CRIME OF MURDER<\/p>\n

Prosecutorally, as practiced in most nations of the Commonwealth, for evidential purposes, the judicially-recognized and commonly used definition for \u2018Murder\u2019 has been; \u2018When a person of sound memory and discretion unlawfully kills any reasonable creature in being, and under the \u2018Queen\u2019s\/King\u2019s Peace,\u2019 with malice aforethought, either; (a) \u2018Expressed; or (b) Implied\u2019 [Police Promotion Handbook: Criminal Law: P73]. As it affects the \u2018Criminal Element-Malice,\u2019 and that which constitutes the \u2018Crime of Murder,\u2019 this element speaks to the \u2018Existence of a design or intention to kill.\u2019 This was often expressed by words, and thus, suggests the criminal element of \u2018Premeditation.\u2019<\/p>\n

Therefore, \u2018Crown Prosecutors\u2019 shall be mindful, and always endeavor to protect the integrity of the office. Equally as important, is the public view of their reputation for \u2018prosecutorial fairness, as opposed to building egos on prosecutorial success. They shall regard their prosecutorial assignments, not only as the reposing of confidence in their ability by officialdom, but most fittingly, an endorsement and as a mark of \u2018Public Trust\u2019 in the office of \u2018DPP.\u2019 Given the \u2018Grievous Travesty\u2019 that occurred in the \u2018Aborted Jury Trial in the \u2018Shayne \u2018Watches\u2019 James\u2019 Murder Case,<\/strong>\u2019 it begs the question: \u2018Will a future \u2018Director of Public Prosecutions (DPP),\u2019 continue with such grievous \u2018Non-Prosecutorial Philosophy for Manslaughter Guilty Pleas?\u2019<\/strong><\/p>\n

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

Those harboring such perceptions have viewed the situation as being dangerous to the administration of justice. Then there were those harboring thoughts of being unfairly treated. These appear not to be evident when accused persons were being tried by \u2018Juries of their Peers.\u2019<\/strong> Consequent upon which, and rightly or wrongly, public criticisms are usually fierce and punishingly distressing. They are usually directed against; (i)<\/strong> \u2018Trial Judges for irrational rulings; (ii)<\/strong> The Judiciary for seemingly being exploitable; (iii)<\/strong> Criminal Justice System for apparent tardiness; and not the least; (iv) The DPP for apparent \u2018Selective Prosecutorial Policy.\u2019<\/strong><\/p>\n

DPP: CONSTITUTIONAL POWERS<\/strong><\/p>\n

As it relates to this jurisdiction and the position of \u2018Director of Public Prosecutions (DPP), the (a)<\/strong> \u2018Duties and Responsibilities; (b)<\/strong> Role; (c)<\/strong> Functions; (d)<\/strong> Power; and (e)<\/strong> Authority\u2019 have been clearly defined. Among these is a power to; \u2018Institute and undertake criminal proceedings against any person in any case in which he considers proper to do so\u2019 [ANU: CO: 1981: Section 88]. Though, an exercisable \u2018Constitutional Power,\u2019<\/strong> with the operative words \u2018Considers proper to do so,\u2019 as far as \u2018Public Prosecutions\u2019 are concerned, this appears to be a most \u2018Dangerous Clause\u2019<\/strong> to have been inserted in a \u2018DPP\u2019s Functions.\u2019 Unfortunately, should it involve \u2018Buses and Buggies; Transport and Boards,\u2019 a \u2018DPP\u2019 runs the risk of being seen as being environmentally influenced, as opposed to that which he may \u2018Consider Proper\u2019 <\/strong>or in the public interest.<\/p>\n

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

Though constantly been subject to public and official scrutiny, the \u2018DPP\u2019 is neither guided by the dictates of those assigned \u2018Ministerial Portfolios,\u2019 nor of other persons within the society. Even so, no legal or administrative impediments exist for \u2018Principal Legal Adviser\u2019<\/strong> to the Government not to express his displeasure or dissatisfaction over certain vexing \u2018Non-Trial Decisions.\u2019<\/strong> Notwithstanding, a \u2018DPP\u2019 with an independence of mind, may have no difficulty consider what is in the best interest of the public than of what he may \u2018Professionally Consider Proper.\u2019<\/strong> Constitutionally, there are provisions for the delegation of \u2018Prosecutorial Authority,\u2019<\/strong> within and without the office. Such power is exercisable only by the office holder.\u2019<\/p>\n

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

The inordinate and long delayed controversial \u2018Bus Case\u2019<\/strong> and many others, self-evidently and irrefutably helps to make the point. Framers of the \u2018Constitution Order-1981\u2019 [Antigua and Barbuda],\u2019 anticipated that members of sitting administrations may wish to exploit the \u2018Director of Public Prosecutions.\u2019 They anticipated that attempts will also be made by influential members of society in seeking to manipulate that office. Holders of such position and occupiers of such office shall know that it is one that speaks to \u2018Public Trust.\u2019 <\/strong>They shall also know that which has always been under public scrutiny has been \u2018Professional Ethics.\u2019<\/strong> Consequently, framers carefully and prudently inserted this functional Clause.<\/p>\n

CONSTITUTIONALLY INSULATED<\/strong><\/p>\n

Such states; \u2018The powers conferred on the Director of Public Prosecutions, shall be vested in him, to the exclusion of any other person or authority\u2019 [ANU: CO: 1981: Section 88 (2)]. Be that as it may, while docility and stupidity, were invariably seem to get the better part of \u2018Prosecutorial Judgement. That which shall be understood, is that all \u2018OECS Directors of Public Prosecutions (DPP),\u2019 <\/strong>are \u2018Constitutionally Insulated\u2019<\/strong> from the \u2018Executive Arm of Government [Section 88 (5)],\u2019<\/strong> the political directorate and members of the wider society. It has been shared views that decisions not to proceed to criminal trials were often not seen as reflective of the primary function of \u2018Public Prosecutors.\u2019 When so perceives, it brings little prosecutorial satisfaction to the citizenry, as public confidence often waned.<\/p>\n

PLEAS OF GUILTY<\/strong><\/p>\n

As contained in the \u2018Constitution Order,\u2019 it provides two optional \u2018Courses of Action.\u2019 Accused persons may elect to \u2018Full Trials,\u2019 or may opt for, and enter \u2018Pleas of Guilty.\u2019 Irrespective of the criminal offence charged and indicted, they reserve such right. Judges are not necessarily concerned with that which was pre-arranged between \u2018Crown Prosecutors; Accused and Defence Attorneys.\u2019 In fact, until tried and sentence to imprisonment, none may legally claim to have been incarcerated, having been convicted of \u2018Murder or Manslaughter\u2019 [ANU: OAPA]. For avoidance of doubt, the \u2018Act\u2019 states: (i) \u2018Upon every conviction for \u2018Murder\u2019 the Court shall pronounce of death.\u2019<\/p>\n

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

Today\u2019s Courts continue to guide themselves by the; (a) \u2018Earl Pratt and Ivan Morgan Case\u2019 [Jamaica]. The \u2018London Privy Council\u2019 has ruled that it is \u2018Cruel and inhumane treatment and illegal to keep condemned prisoners on \u2018Death Row\u2019 for more than five years\u2019 [JCPC: 1993]. Then there has been the judicially-followed and clearly injurious \u2018Practice Directions.\u2019 It contained established \u2018Sentencing Guidelines,\u2019 that seems pregnant with \u2018Guilty Plea Inducements\u2019 [ECSC]. There are law-abiding citizens who have viewed these \u2018Guidelines\u2019 as counterproductive to acceptable societal behavior and effective \u2018Rule of Law.\u2019<\/p>\n

CRIMINAL APPEAL<\/p>\n

It should be seen as a serious omission if reference was not made of \u2018Chief Magistrate Joanne Walsh.\u2019 Within this jurisdiction, had she not refused an application for \u2018Deportation Order\u2019 for two \u2018Manslaughter Guilty Pleas\u2019 CARICOM nationals, \u2018Travesty of Justice\u2019 will have occurred. Moreover, \u2018Director of Public Prosecutions (DPP) Anthony Armstrong\u2019 may not have positioned to file a \u2018Criminal Appeal\u2019 against \u2018His Lordship, Justice Stanley John\u2019s seemingly ill-considered non-imposed \u2018Custodial Sentence.\u2019 Given this development, bereaved, grieving and distraught families, as well as the citizenry, shudder to think what may transpire when other murder indictments are given \u2018Fixtures for Trials\u2019 of those that continue to languish in less-than-ideal conditions on \u2018Lengthy Bail or Jail Remand.\u2019<\/p>\n

EVIDENTIAL ELEMENTS<\/strong><\/p>\n

The killings to be considered, \u2018Murder or Manslaughter,\u2019 have their own distinguishing features. For instance; in the case of \u2018Murder,\u2019 the most critical \u2018Evidential Elements\u2019 include (i) \u2018Premeditation-Mens Rea; State of, or Guilty Mind; (ii) Malice Aforethought.\u2019 This speaks of, and shall show an \u2018Intention to kill.\u2019 This may not necessarily be known to the deceased victim prior to the killing. However, that which might be borne out in evidence at trial are; (a) \u2018\u2019That it was \u2018Expressed; and (b) From the deadly act, \u2018Implied.\u2019 On trial for \u2018Murder,\u2019 the \u2018Alternative Verdict of Manslaughter,\u2019 is neither the calling for; (i) \u2018Accused persons on trial: (ii) Defence Attorneys: (iii) Crown Prosecutors; nor (iv) \u2018Trial Judges.\u2019 Such determination resides \u2018Only with Juries.<\/p>\n

CONCLUSION<\/p>\n

Preparing themselves for the vicious and deadly \u2018Planned Knife Attack on the Deceased,\u2019 two \u2018Murder-co-conspirators\u2019 traveled from the cardinal points; \u2018West and South.\u2019 They seemingly joined the third in the \u2018East.\u2019 If such were not showing \u2018Public Prosecutors\u2019 and the \u2018Trial Judge\u2019 a clear \u2018Intent to Kill,\u2019 then what is? When the \u2018Prosecution was offered the enticeable and irrefusable \u2018Manslaughter Guilty Plea,\u2019 they may have good reasons to believe that they were not only served \u20183 Bottles of Cognac,\u2019 but also \u20183 Platters with Lobster.\u2019 Still hurting inside, and through teary eyes, the aggrieved mother, not only see the \u2018Manslaughter Guilty Plea\u2019 as \u2018Lunacy.\u2019 Moreover, she viewed such as \u2018Travesty by the Judiciary.\u2019 Both \u2018Crown Prosecutors and Adjudicators had not considered that before \u2018Ramone\u2019 could say \u2018Blinga,\u2019 and before \u2018Blinga\u2019 could say \u2018Black,\u2019 \u2018Watches\u2019 \u2018Chargie\u2019 had \u2018Watches\u2019 lying motionless on his back.\u2019 He could run no more; Talk no more; Hear and see no more. Witnessing her son\u2019s ordeal, left his helpless and defenceless mother \u2018Maudlyn James\u2019 terrified and traumatized. She had witnessed that which only a few mothers, in their lifetime, may have witnessed. \u00a0***<\/p>\n

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

Plea Guilty To Manslaughter – Get Away With Murder by Rawlston Pompey To mothers everywhere, when it may have been seen that there was nothing quite as painful as \u2018Child\u2019s birth,\u2019 deadly \u2018Shootings and Stabbings,\u2019 grimly reminds mothers of certain biblical teaching. Many would have been edified by the \u2018Scriptural Warning;\u2019 that; \u2018Man that is […]<\/p>\n","protected":false},"author":3,"featured_media":164926,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-164925","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nPlea Guilty To Manslaughter - Get Away With Murder - 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\/plea-guilty-to-manslaughter-get-away-with-murder\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Plea Guilty To Manslaughter - Get Away With Murder\" \/>\n<meta property=\"og:description\" content=\"Plea Guilty To Manslaughter – Get Away With Murder by Rawlston Pompey To mothers everywhere, when it may have been seen that there was nothing quite as painful as \u2018Child\u2019s birth,\u2019 deadly \u2018Shootings and Stabbings,\u2019 grimly reminds mothers of certain biblical teaching. 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