{"id":188970,"date":"2023-10-30T05:46:48","date_gmt":"2023-10-30T09:46:48","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=188970"},"modified":"2023-10-29T19:50:23","modified_gmt":"2023-10-29T23:50:23","slug":"commentary-attorney-duane-daniel-in-perplexity-chiefman-in-the-penitentiary","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-attorney-duane-daniel-in-perplexity-chiefman-in-the-penitentiary\/","title":{"rendered":"COMMENTARY: Attorney Duane Daniel In Perplexity \u2013 Chiefman In The Penitentiary"},"content":{"rendered":"
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ATTORNEY DUANE DANIEL IN PERPLEXITY \u2013 CHIEFMAN IN PURGATORY<\/p>

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

At some stage, hurt has come to surviving victims or relatives, while they have cried for \u2018Justice.\u2019 Not infrequently the Judiciary and its judicial officers were apportioned blame for that which had developed within the \u2018Halls of Justice.\u2019 Such was apportioned either during or after a criminal trial. Frequently, the culprits have not necessarily been the \u2018Trial Judges.\u2019 These were either those that have; (a) \u2018Investigated the crime; or (b) Committed the accused person to stand trial at the \u2018Criminal Assizes; or (c) the accused for Jury trial; or (d) Prosecuted before Judge and Jury.\u2019 The case of the murder-accused speaks to a trial pregnant with intrigues,\u2019 leaving \u2018Justice in Jeopardy.\u2019<\/p>

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TRUTH AND JUSTICE<\/p>

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It has not only been the judicial doctrine, but also the widely held view that the \u2018Truth\u2019 is not divisible. Such doctrine, applied to the concept \u2018Justice,\u2019 this too, was said not to be divisible. However, in some Courts of criminal jurisdiction, it has been seen that Judicial officer, share a contrary view. Some trial Judges will have caused \u2018Juries\u2019 to divide verdicts into two. Thus, dependent upon (i) \u2018Summation of the evidence adduced by the prosecution and defence; and (ii) Directions to the jury, members could be led to believe that \u2018Verdicts\u2019 can be shared with an acquittal for the defence and a conviction for the prosecution.<\/p>\n

ESCAPES: CHIEFMAN AND VERON<\/p>

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Instructively, Devon \u2018Chiefman\u2019 Charles had reportedly escaped 4 criminal convictions for murder. Such number of escapes were more than the two times murder-convict \u2018Veron Primus\u2019 had escaped from His Majesty\u2019s Prison [SVG: Kingstown]. He has escaped four consecutive murder indictments filed against him. To all apparent evil intents and purposes, a firearm alleged to have been used by him in tragically killing fellow-resident Kimron \u2018Warlord\u2019 Hannaway, was never seen by criminal investigators. Yet, mindbogglingly, he was indicted for possessing a mystery \u2018Firearm,\u2019 ironically, with \u2018Intent to Commit Murder.\u2019<\/p>\n

PERSPECTIVE<\/p>

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This commentary represents a professional perspective. It therefore, looks at; (a) \u2018The \u2018Prosecutor\u2019s Creed; (b) Possible attitude of criminal investigators; (c) The behavior of the Office of the Director of Public Prosecutions (DPP); and (d) The attitude of the Judiciary.\u2019 It also takes a researched look at the office of Director of Public Prosecutions (DPP) and National Prosecution Service.\u2019 This suggested an attitude in Crown prosecutors in preparing criminal indictments, then either; (a) \u2018Assign apparent inexperienced Crown Counsels to conduct futile prosecutions; or (b) Religiously offer \u2018Fiat\u2019 of discontinuance [St. Vincent and the Grenadines].<\/p>

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PROSECUTOR\u2019S CREED<\/p>\n

Some things are just meant to be sentimental, and some symbolic. Adorning the office of the Director of Public Prosecutions (DPP)\u2019 was a Scroll outlining the \u2018Prosecutors Creed.\u2019 To all apparent good or evil intents and purposes, it partially states; (a) \u2018It cannot be overemphasized that the purpose of criminal prosecution is not to obtain a conviction; (b) It is to lay before a Jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime; and (c) \u2026The role of the prosecutor excludes any notion of winning or losing\u2026\u2019 [1954: Boucher v R].<\/p>\n

CONSTITUTIONAL PREROGATIVE<\/p>\n

When murder-accused Devon \u2018Chiefman\u2019 Charles previously escaped three \u2018Committals\u2019 for Jury trial, that which may have factored in the equation were likely to have been; (i) \u2018Shoddy criminal investigation; (ii) Insufficient or lack of substantiating evidence.\u2019 That which was invariably overlooked has been questionable prosecutorial decisions.\u2019 Even without the benefit of reasons, the then \u2018DPP,\u2019 may either have considered it evidentially-unfit to engage a Jury. Should a \u2018DPP\u2019 or saw no reasonable \u2018Prospect of Conviction. Thus, irrespective of public sentiments, his was a \u2018Constitutional Prerogative\u2019 to discontinue.<\/p>\n

REVOLUTIONIZED BAIL<\/p>\n

This has been a prosecutorial philosophy that has suspiciously spoken to selective prosecution. No reasons for discontinuing with the prosecutions against the murder-accused by the then Director of Public Prosecutions (DPP), Colin Williams,\u2019 were accessible to research. Now a High Court Justice of the Eastern Caribbean Supreme Court (ECSC-Criminal Jurisdiction), His Lordship has been among the few Justices that have \u2018Revolutionized Bail\u2019 in the Antigua and Barbuda Circuit. To the indigent accused, with other conditionalities, he has granted bail without a \u2018Cash component.\u2019 He may have harbored the judicial view that imposing stringencies in securing liberty, was in fact a denial of bail.<\/p>\n

JUSTICE IN JEOPARDY<\/p>\n

Some senior public prosecutors believed that in the event a murder-accused were to be acquitted on; (a) \u2018The count of Murder: or (b) Should the Jury ignore the alternative verdict of \u2018Manslaughter,\u2019 then irrespective of directions or misdirection, a Jury was most likely to return a guilty verdict on any \u2018Rabbit Count.\u2019 Until overwhelming evidence was adduced and accepted by the Jury as \u2018Credible and Believable,\u2019 all that remained was the allegation that the accused had unlawfully killed \u2018Kimron \u2018Warlord\u2019 Hannaway.\u2019 The case of the murder-accused speaks to a trial that appeared to have been pregnant with intrigues, thereby leaving \u2018Justice in Jeopardy.\u2019<\/p>\n

ALTERNATIVE VERDICT<\/p>\n

On an indictment for murder, the evidence adduced ma have shown that there was no \u2018Malice Aforethought\u2019 by the accused against the deceased. Though it may not necessarily have been expressed, impliedly with; (a) \u2018One bullet to the head; and (b) Four to the back,\u2019 it could reasonably have been inferred that there may have been an intention to kill the cutlass-attacking, but retreating \u2018Warlord.\u2019 Should the Jury been satisfied that there was no \u2018Expressed or Implied,\u2019 then the \u2019Alternative Verdict\u2019 of manslaughter may have been considered.<\/p>\n

UTTERANCE OF ASINITY<\/p>\n

If there was any \u2018Utterance of Asininity,\u2019 then it may have been evident in this researched information; \u2018Justice Cottle said that the Jury was saying that Charles did not commit murder, but intended so to do\u2019 [IWN: Updated: October 20, 2023]. Properly explained and directed, upon retirement to consider their verdicts, a Jury may have prudently asked themselves; \u2018Against whom the murder-accused possess a firearm and intended to commit murder?\u2019 Though unrecovered, since a firearm was in fact the likely weapon used to kill \u2018Kimron \u2018Warlord\u2019 Hannaway,\u2019 then it begs the vexed question- Who else the murder-accused intended to murder?\u2019<\/p>\n

COLD FEET<\/p>\n

It has been to the knowledge that persons charged with certain acts of criminality; some public prosecutors often got \u2018Cold Feet.\u2019 Notwithstanding the trial judge\u2019s attempt at an explanation that appeared starved for rationality, this was a question better answered by the Director of Public Prosecutions (DPP), Sejilla Mc Dowall. She was the constitutional authority that had instituted the apparent \u2018Rabbit Count- Possession of Firearm with Intent to Commit Murder.\u2019 With a nine-year criminal practice at the \u2018Magisterial; High Court and Appellate\u2019 levels, her experience shall allow for the provision of a reasonable answer.<\/p>\n

SHIRKING RESPONSIBILITIES<\/p>\n

Senior public prosecutors need no reminder that it has always been on behalf of, and in the collective interest of the citizenry that criminal indictments have been instituted. It follows that in exceptional cases, prosecuted by those so appointed to such office. Such apparent lack of interest gave rise to \u2018Public Perceptions\u2019 that speak to three obvious possibilities. These included; (i) \u2018Shirking prosecutorial responsibilities; (ii) Exploiting the innocence of, and prosecutorally manipulating subordinates; and (iii) Harboring fear of a blemished prosecutorial record of success. This appears not to share harmony with that part of the \u2018Creed\u2019 that speaks to \u2018winning or losing.\u2019<\/p>\n

PROSECUTORIAL ASSERTIVENESS<\/p>\n

Though some \u2018DPP\u2019s\u2019 possess constitutional powers to prosecute, many have exhibited timidity. A small minority have demonstrated their \u2018Prosecutorial Assertiveness.\u2019 Those with weakness have invariably delegated authority to the often-inexperienced Crown Counsels. Thus, many were tasked with prosecuting certain cases, well beyond their prosecutorial \u2018Competence and Experience.\u2019 This was not peculiar to any one jurisdiction. These senior prosecutors were often seen as influenced by an egoistic and philosophical premise that there has to be a reasonable prospect of conviction.<\/p>\n

PASSING THE BUCK<\/p>\n

Though not necessarily a \u2018Practice Direction\u2019 by the \u2018Eastern Caribbean Supreme Court (ECSC),\u2019 under guise of delegation of authority, it has been the new practice norm. Looked at from an administrative perspective, such appeared capable of being described as \u2018Passing the Buck.\u2019 Public interest and criminal justice and the administration of justice, appeared to have been the least of their concern. Thus, they shall never be seen as just occupying the office of \u2018DPP,\u2019 for the novelty so associated.<\/p>\n

FEMALE CROWN COUNSELS<\/p>\n

If it were not so, then three \u2018Female Crown Counsels; (i) \u2018Tamika Mc Kenzie-Da Silva; (ii) Rose-Ann Richardson; and (iii) Maria Jackson-Richards\u2019 may not have been onerously tasked with prosecuting the \u20184th Murder Indictment\u2019 against murder-accused \u2018Devon \u2018Chiefman\u2019 Charles. This speaks commendably high of their professionalism, courage and functional cooperation. Clearly, only those outside of the office of the \u2018DPP\u2019 may have wondered why it shall have been these three female Crown Counsels, and not the substantive holder of the office to have represented the public in the \u2018Crucial Murder Trial\u2019 [SVG: CO: No.916 of 1979: Section 81].<\/p>\n

ADMINISTRATION OF JUSTICE<\/p>\n

Some sixty-nine years later, this \u2018Creed\u2019 appeared not to have been practiced, nor reflected in the recent prosecution of \u2018Devon \u2018Chiefman\u2019 Charles\u2019 [October 6, 2023]. The trial saw (a) \u2018An acquittal of murder; and (b) A conviction, not just for \u2018Possessing a Firearm,\u2019 but also with intent to commit murder. Until this case, the Criminal Justice System, appear to have favorably worked more for him, than against him. Given his predicament, this commentary looks more at the \u2018Administration of Justice,\u2019 than seeking to agonize or antagonize; or demonize or idolize.<\/p>\n

DPP\u2019S RABBIT COUNT<\/p>\n

Likened to a boxing punch below the belt, the indictment \u2018Possession of Firearm with Intent to Commit Murder,\u2019 rightly or wrongly, may have been capable of being described as the \u2018DPP\u2019s Rabbit Count.\u2019 It appeared to have been one of those indictments, where a small minority of Crown prosecutors, were known to have harbored certain beliefs. In this Count, the \u2018DPP\u2019 and the learned Trial Judge, may just have divorced the prosecutorial and adjudicating attention from the \u2018Fact\u2019 in issue-Murder,’ to \u2018Facts\u2019 relevant to the issue. None may deny that the unlawful possession and deadly use of a firearm speaks to the main indictment of Murder.<\/p>\n

PECULIAR VERDICT<\/p>\n

Though not seized of facts contrary to these assertions, the \u2018Peculiar Verdict\u2019 on the Count- \u2018Possession of a Firearm with Intent to Commit Murder,\u2019 continues to boggle mind in divers \u2018OECS\u2019 jurisdictions. This was so in light of the murder charge properly initiated by the \u2018Office of the Director of Public Prosecutions (DPP). While possession of a \u2018Firearm\u2019 without a Licence was a serious statutory breach of the \u2018Firearms Act,\u2019 criminal investigators know that whether or not recovered or seized, a \u2018Firearm\u2019 so used would have been treated as the \u2018Murder Weapon.\u2019 Given the nature of the injuries, the Pathologist would, undoubtedly, lend support to assertions that a firearm was used against a deceased person and resulted in the tragic death.<\/p>\n

PROSECUTORIAL TRANSPARENCY<\/p>\n

When on three previous occasions, criminal investigators arrested and charged \u2018Devon Chiefman\u2019 Charles,\u2019 they saw the crime of murder. \u00a0Given the apparent suspect administrative behavior of the office holder, a Public Safety; Police and National Security Minister shall be quick in ascertaining what informed three decisions of \u2018Prosecutorial Discontinuance.\u2019 A \u2018DPP\u2019 shall always endeavor to allay public fears and boost public confidence in the \u2018Criminal Justice System\u2019 with \u2018Prosecutorial Transparency.\u2019<\/p>\n

4TH<\/sup> MAN KILLED<\/p>\n

Subsequently, he was alleged to have \u2018unlawfully killed a \u20184th man within 12-years\u2019 [Searchlight News: 2008 – August 2, 2020]. When committal Magistrate Rechanne Browne committed him to stand trial at the Criminal Assize, she was satisfied that the evidence substantiated the crime of murder. When the Director of Public Prosecutions (DPP) indicted him on two felony Counts, the Crown prosecutor saw; (i) \u2018Murder; and (ii) An apparent suspect \u2018Count- Possession of a Firearm with Intent to Murder.\u2019 That which may have befuddled the mind of both \u2018Judge and Jury\u2019 are; (a) \u2018What is murder: and (b) What is Possessing a Firearm with Intent to Commit Murder.\u2019<\/p>\n

DICTATES OF CRIMINAL JUSTICE<\/p>\n

In most civilize society, \u2018Criminal Justice\u2019 dictates that the \u2018Rule of Law,\u2019 shall prevail. Incidents such as that involving \u2018Chiefman and Warlord\u2019 would have impacted community life negatively. While it appeared to have been sudden, violent and deadly, prior to its occurrence, it appeared there had been no evil intent on the part of either men to attack and harm or kill each other. That which has been alleged, as established facts have indicated were; (i) \u2018Warlord\u2019 was shot and killed; and (ii) Rightly or wrongly, \u2018Devon \u2018Chiefman\u2019 Charles\u2019 was indicted for murder.\u2019 This has been the \u2018Dictates of Criminal Justice and Rule of Law\u2019<\/p>\n

HARDER THEY COME<\/p>\n

It might be seen as thought-provoking, referring to the Jamaican movie theme song; \u2018Harder they Come, the Harder they Fall\u2019 [1972: Crime Film: Reggae artist\/Actor: Jimmy Cliff]. That which research has revealed was that those that got entangled with Devon \u2018Chiefman\u2019 Charles as to have found themselves in the crosshairs of his gun, they have all suffered consequences that speak to inevitability of death. That which shall be understood, is that a defensive killing or homicide where no \u2018Coroner\u2019s Inquisition\u2019 was held, has always been treated by criminal investigators as Murder.<\/p>\n

4-MURDER VICTIMS<\/p>\n

Research has revealed four \u2018Murder Victims.\u2019 Each reportedly fell in a hail of, or body riddled with bullets. His last brush with the law saw the fatal shooting of \u2018Kimron \u2018Warlord\u2019 Charles\u2019 [Sunday: August 2, 2020]. When the reported four-time murder-accused appeared before the \u2018Serious offences Court,\u2019 he was reported to have been facing a fourth \u2018Murder Charge\u2019 for the shooting deaths of; four males identified as; (i) \u2018Attiba \u2018Crimo\u2019 Waldron [August 28, 2008]; (ii) Andrew \u2018Sweat\u2019 Chewitt-Durham [July 23, 2015]; (iii) Andre \u2018Judge\u2019 Garraway-Bowens [September 15, 2015]; and (iv); Kimron \u2018Warlord\u2019 Hannaway\u2019 [August 2, 2022].<\/p>\n

CRIMO \u2013 JUDGE \u2013 SWEAT – WARLORD<\/p>\n

Though not necessarily so, the names \u2018Crimo; Judge; Sweat and Warlord,\u2019 seemed to have suggested peculiar characters with peculiar propensities. Given such names, such necessarily dictated, that a person of a known propensity and in possession of a firearm, may feel protectively compelled to subject assailants to law of the street. They appeared to have been exacted violence by \u2018Chiefman,\u2019 based upon existing threats. Likened to the previous three murder-victims, though there may have been places to run, \u2018Warlord\u2019 had no way of escaping the wrath of his gun.<\/p>\n

IMMINENT DEATH<\/p>\n

Seemingly, ever sensing adversities, the apparent sharp-shooting skills of \u2018Firearm\u2019s convict had made it impossible for assailants to have exacted upon him consequences that speak to fatality. As may have been the case with the others, the deceased and murder-accused were seemingly conscious of \u2018Imminent Death.\u2019 Such consciousness shall have prepared each for the inevitable. One was killed and one was wounded. It all started in an ensuing argument over the former\u2019s dogs, then reportedly attacking a female resident. It reportedly started with a cutlass-wielding attack, and finally ended when \u2018Chiefman\u2019 apparently fired the last bullet.<\/p>\n

DISMAY AND PERPLEXITY<\/p>\n

In the recent murder trial, it saw two verdicts. One in favor of the Defence, and one in favor of the Prosecution. The latter of which has left Defence attorney Duane Daniel entangled in an agonizing \u2018Dismay and Perplexity.\u2019 Total acquittal of murder, and no return alternative verdict of Manslaughter, made it appear obvious that the directions to the Jury may have confused their minds. The Court may very well have misguided itself that the murder-accused possessed a firearm only with \u2018Intent\u2019 to commit murder, even as the \u2018DPP\u2019 so indicted him.<\/p>\n

STATE OF CONFUSION<\/p>\n

A Jury not endowed with reason and conscience; starved for knowledge; or misdirected, could be expected to cause serious perversion to the course of justice. They were guided by the \u2018Sole Judge of Law,\u2019 the adjudicating Judge. As much as \u2018Confusion\u2019 may have reigned in the mind of the defence attorney, so too it may have been sown in the mind of the Jury. Notwithstanding such apparent existed \u2018State of Confusion, \u2018Chiefman\u2019 will have been rightly acquitted of \u2018Warlord\u2019s Murder.\u2019 Given the operative words in the \u2018Rabbit Count -With Intent to Commit Murder,\u2019 he may have been wrongly convicted.<\/p>\n

SUBMISSION IN LIMINE<\/p>\n

With the risk of being contemptuous, the adjudicating Judge and Jury may have been gravely misguided and misdirected. The apparent perverse verdict on the second Count, speaks to a criminal indictment capable of being called the \u2018DPP\u2019s Rabbit Count.\u2019 Considering the operative words; \u2018Possession of a Firearm with Intent to Commit Murder,\u2019 when factually, \u2018Chiefman\u2019 had been indicted for murdering \u2018Warlord.\u2019 \u00a0For this indictment, it appeared that an opportunity may have been missed when a \u2018Submission in Limine,\u2019 was not entered on this Count. Though the Jury would not have heard the legal arguments, it may have assisted in guiding the Trial Judge\u2019s trend of thought and directions to the Jury.<\/p>\n

NOT GUILTY VERDICT<\/p>\n

When the murder-accused engaged, and retained the legal services of attorney-at-law Duane Daniel, he was reasonably expected to employ his defence skills in defence, alarmingly, of a \u20184th<\/sup> Charge of Murder.\u2019 Such retention was to ensure that he escaped criminal convictions and institutionalized incarceration. As fate invariably has it, in the trial for allegedly murdering \u2018Kimron \u2018Warlord\u2019 Hannaway,\u2019 a 12-member mixed-jury reportedly returned a favorable \u2018Not Guilty Verdict.\u2019 This reportedly added to his success rate in escaping from criminal conviction and consequential punishments.<\/p>\n

ATTORNEYS: CONNELL AND DANIEL<\/p>\n

Notwithstanding his exploits with the gun, he may have shown more testicular fortitude, courage and effectiveness in addressing certain lawless behavior in those that law enforcers appeared too timid to make amenable to law. The murder-accused appeared to have avoided convictions through a previously-retained defence attorney Grant Connell [Searchlight News: October 6, 2023]. He has also avoided conviction in the reported \u20184th Murder Indictment,\u2019 through recently retained attorney \u2018Duane Daniel.\u2019<\/p>\n

OLD MONTROSE<\/p>\n

Not only has the latter appeared to have harbored fear in that which he may have perceived as the suspect behavior of the Judiciary, but also an apparent irrational verdict of a mixed 12-member Jury, judicially misnomered as his peers. Clearly, none was selected from his apparent depressed community. Just on the periphery of Kingstown, St. Vincent and the Grenadines, geographically lies the densely populated and depressed community- \u2018Old Montrose.\u2019 There have been as many indigent people, as there has been evidence of chronic poverty.<\/p>\n

STATE OF LAWLESSNESS<\/p>\n

That which appeared to have defined and impacted the lives of community residents, have been an apparent pathetic \u2018State of Lawlessness.\u2019 There is unchecked crime and violence. Likened to most societies within the Organization of Eastern Caribbean States (OECS), peripheral communities such as this, has seen socially isolated and frustrated people struggling to survive. \u00a0The situation appeared to have been made worse by unemployment, economic and infrastructural neglect.<\/p>\n

CHIEF OF SLINGERS<\/p>\n

There were those that live by, and have died by the gun. With the gun, him that possesses one was to be among the \u2018Chief of Slingers.\u2019 Seemingly, in that community environment, only the tough, quick-witted and quickest and sharpest of shooters, will survive. Though not necessarily, trigger-happy, the murder-accused may have been given undeserving notoriety as a \u2018Murder-Escape Artist.\u2019 Though not necessarily, trigger-happy or vengeance-taking, the murder-accused Devon \u2018Chiefman\u2019 Charles, may have been given undeserving notoriety as a \u2018Gun Slinger.\u2019<\/p>\n

DEPRESSED COMMUNITIES<\/p>\n

In many respects lawlessness within \u2018Depressed Communities\u2019 was often seen as being societally influenced. There was chronic unemployment; known vices; gun crimes; violence and provocative and targeted killings. Such may have been discerned from a national news portal that reports; \u2018With one of his arms held up by sling, Devon \u2018Chiefman\u2019 Charles appeared at the Serious offences Court (SOC), yesterday, facing his \u20184th<\/sup> Murder Charge\u2019 in 12 years\u2019 [Searchlight News: August 7, 2020].<\/p>\n

GUNSLINGING NOTORIETY<\/p>\n

Through the years \u2018Chiefman\u2019 appeared to have reputationally distinguished himself as a fearless gunman. This may have been evident when he was allegedly attacked by fellow-resident, Kimron \u2018Warlord\u2019 Hannaway. He had gained \u2018Gunslinging Notoriety,\u2019 with a philosophy of responding brutally, ruthlessly and mercilessly upon any assailant. Though not necessarily for reasons of ingenuity, the \u20184-time murder-accused\u2019 had fortuitously escaped trial and convict on four occasions. Incidentally, the news portal reported that then; \u2018Director of Public Prosecutions Colin Williams had discontinued two charges of murder\u2019 against him in March of 2017\u2019 [Searchlight: October 6, 2023].<\/p>\n

IMMINENT DANGER\/THREAT<\/p>\n

There may have been defensive reasons for him to have reacted in a self-preservation way, particularly when faced with \u2018Imminent Danger or Threat\u2019 to life, liberty and limb. Logic dictates that had \u2018Chiefman\u2019 first shot and killed \u2018Warlord,\u2019 then he may not have sustained the reported serious cutlass-injuries. Such attack reportedly saw the cutlass penetrated muscle, veins and down to the bony structure of his left hand. Had he been aggressive, there may have been a higher number of victims.<\/p>\n

MORTALLY FEARFUL<\/p>\n

Seemingly, in the \u2018Old Montrose\u2019 community, many people appeared to have become \u2018Mortally Fearful\u2019 of \u2018Chiefman\u2019s\u2019 propensity to shoot and kill. Some fear him more than the jail and graveyard. The only ones that now harbor fear of his blazing gun\/s, are those yet to be born and those that have been buried. Gun slingers, knife and cutlass-wielders fear him more than they fear the fiery-ash and rock-spewing \u2018Mt. La Soufriere Volcano.\u2019 Children in town fear him more than they feared the animal in the movie called \u2018King Kong.\u2019<\/p>\n

NOT ALONE<\/p>\n

They were \u2018Not Alone.\u2019 \u00a0Most law enforcement personnel appear to fear him more than bolts of lightning, cracking thunder and hurricane. Resident adults appear to fear him more than they had feared the \u2018Corona Virus Disease-19.\u2019\u00a0 In matters of crime and punishment, that which may have been discerned was that Senior Crown prosecutors appear to be more fearful of him than of the stinging flying wasp, nationally called \u2018Jack Spaniard.\u2019 In the wider society, most people would rather encounter these stinging insets, than standing before a man in possession of a sword or gun.<\/p>\n

CRIME CONTROL MEASURES<\/p>\n

The sociologists have long posited that crime cannot be completely eliminated from society. Yet, society shall develop effective \u2018Crime Control Measures.\u2019 Somehow, with contrary views, policy-makers and some judicial officers hold the erroneous belief that the criminal element could be controlled by; (a) \u2018Legislation; and (b) Stiffer penalties.\u2019 These are clearly not the answers. It was well and widely known that \u2018Necessity knows no law.\u2019 Therefore, they have all argued that crime control is critically dependent upon the creation of enabling environments that is conducive to good behavior and citizenship.<\/p>\n

SOCIETAL PERCEPTION<\/p>\n

Seemingly, \u2018Societal Perception\u2019 saw him as dangerous. Even with such possible perception, he appeared not to have posed a serious threat to his community. As radical a view it may seem, there is a place in society for a person like Devon \u2018Chiefman\u2019 Charles. Where law enforcement appeared to have failed, the \u2018Firearm\u2019s Convict\u2019 appeared to have assisted in removing dangerous elements from the streets of \u2018Old Montrose.\u2019 On the guilty verdict, of possessing a firearm, he was facing a possible lengthy institutionalized period of residency at the Kingstown penitentiary.<\/p>\n

WORRYINGLY AGONIZINGLY<\/p>\n

As traumatic as it may have been for surviving relatives, it may also have been \u2018Worryingly Agonizing\u2019 when Justice Brian Cottle handed down the lengthy 17-year custodial sentence. Incidentally, this appeared to have been equivalent to murder. Such penalty appeared reflective, not just of his attitude, but also the mentality of the deceased Justice, Albert Redhead. While the attorney was left in a state of perplexity for the guilty verdict on the \u2018Rabbit Count- \u2018With Intent to Commit Murder,\u2019 the murder-accused was precariously left in penitentiary quandary.<\/p>\n

FUNDAMENTAL QUESTIONS<\/p>\n

Still, it begs the \u2018Fundamental Questions; (i) \u2018Who did the murder-accused \u2018Devon \u2018Chiefman\u2019 Charles\u2019 intended to murder? (ii) Did he intend to use it against another or other persons? (iii) If so, did he attempt to use the firearm against sundry persons, known or unknown? (iv) Was the firearm used against the deceased \u2018Kimron \u2018Warlord\u2019 Charles? (v) Was the deceased in fact killed with the firearm allegedly possessed by the murder-accused?\u2019 The deceased Kimron \u2018Warlord\u2019 Hannaway\u2019s apparent pre-empted cutlass-attack, saw him inflicted two serious injuries to the forearm of the murder-accused Devon \u2018Chiefman\u2019 Charles.<\/p>\n

INTENT TO COMMIT FELONY<\/p>\n

Except for firearms with statutory provisions restricting possession without a Licence, other weapons classified as \u2018Offensive Weapon,\u2019 are simply prohibitive from being \u2018Carrying Abroad.\u2019 It would be problematic not being able to afford a reasonable excuse for its possession. From professional knowledge, mere possession of a weapon, be it a firearm, cutlass or otherwise, does not suggest, and shall not be inferred \u2018Intent to Commit a Felony.\u2019 Law enforcement training and professional practice, speaks to an attempt to use it by the person in possession of the weapon in question.<\/p>\n

IMPLIED MALICE<\/p>\n

Seemingly in flight, the murder-accused allegedly discharged several bullets that instantly resulted in the tragic loss of life. Evidentially explained, a Jury with the capacity of comprehension, may easily have drawn reasonable inferences of \u2018Implied Malice.\u2019 Prosecutorally, this has been one of the critical elements constituting the crime- Murder. In the instant trial, rightly or wrongly, the Jury rejected the murder indictment when they returned the not guilty verdict.\u00a0 It has been the experience, that \u2018Misdirection\u2019 has not only been detrimental to an accused person, but also to the victims of crime.<\/p>\n

CONCLUSION<\/p>\n

Fundamental to the directions given by an adjudicator, has always been the administration of justice. Therefore, in criminal trials in which Juries are impaneled to determine \u2018Facts\u2019 and decide \u2018Fate,\u2019 it has always been of paramount importance that adjudicators give clear and easily understood directions on points of law. In some \u2018OECS\u2019 jurisdictions, that which a victim of crime; an accused person and general public have often seen, were verdicts of \u2018Miscarriages of Justice.\u2019 The guilty verdict returned by the 12-member Jury on the apparent \u2018DPP\u2019s Rabbit Count-Possession of Firearm with Intent to Commit Murder,\u2019 supports such contention. A perplexed defence attorney Duane Daniel, and an apparent confused \u2018Firearm\u2019s convict, have now been left with visitation to the Caribbean Supreme Court (ECSC)- Appellate jurisdiction.<\/p>\n

 <\/p>\n

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

ATTORNEY DUANE DANIEL IN PERPLEXITY \u2013 CHIEFMAN IN PURGATORY RAWLSTON POMPEY At some stage, hurt has come to surviving victims or relatives, while they have cried for \u2018Justice.\u2019 Not infrequently the Judiciary and its judicial officers were apportioned blame for that which had developed within the \u2018Halls of Justice.\u2019 Such was apportioned either during or […]<\/p>\n","protected":false},"author":3,"featured_media":189027,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-188970","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Attorney Duane Daniel In Perplexity \u2013 Chiefman In The Penitentiary - 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\" 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