{"id":195473,"date":"2024-02-13T22:13:07","date_gmt":"2024-02-14T02:13:07","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=195473"},"modified":"2024-02-13T22:13:07","modified_gmt":"2024-02-14T02:13:07","slug":"commentary-sleuth-crime-fighter-ray-john-et-al-on-trial","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-sleuth-crime-fighter-ray-john-et-al-on-trial\/","title":{"rendered":"COMMENTARY: Sleuth Crime Fighter – Ray John Et Al: On Trial"},"content":{"rendered":"
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SLEUTH CRIME FIGHTER – RAY JOHN ET AL: ON TRIAL \u00a0\u00a0\u00a0by\u00a0 RAWLSTON POMPEY<\/strong><\/p>\n

Few would deny that the \u2018Ray John \/Shakema Charles\u2019 Criminal Assize Trial on \u2018Conspiracy Indictment,\u2019 speaks to nothing, but prosecutorial confusion. The turn of events, and twist of fate, speak to nothing, but a mass of confusion. Media reports suggested that this was due to several prosecutorial and evidential hurdles.<\/p>

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TWIST OF TRIAL AND FORTUNE<\/p>

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Eventually, the jointly-charged trial commenced with \u2018Key non-compellable; non-resident; and non-judicially bound-over witnesses for the Prosecution; and non- judicially-summoned.\u2019 These were said to have been beyond the control of the recently appointed, \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens.\u2019<\/p>\n

PROSECTORALL CONTENDED<\/p>

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The accused, along with two female co-accused, were slapped with indictments of; (i) \u2018Larceny,\u2019 with the alternative count of; (ii) Receiving,\u2019 appropriately considered by \u2018former Director of Public Prosecutions (DPP), Anthony Armstrong.\u2019 That which was \u2018Prosecutorally Contended,\u2019 were that if the accused were not; (a) The actual \u2018Thieves;\u2019 then (b) They were the \u2018Receivers of the duplicate Passport-related documents.\u2019<\/p>\n

PERSPECTIVE<\/p>

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The eventual commencement of the jointly-indicted accused \u2018Ray John and co-accused Shakema Charles,\u2019 saw a one-week adjournment of the trial\u2019 by newly appointed Judge, \u2018His Lordship, Justice Tunde Ademola Bakre.\u2019 The week\u2019s adjournment allows \u2018His Lordship\u2019 to consider and make determinations respecting admission into evidence of three non-judicially binding witness statements.<\/p>

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WITNESSES: NOT BEYOND REACH<\/p>\n

Incidentally, the non-jurisdictional prosecution witnesses had purportedly made by the apparent; (i) No authenticated-public notarized statements; Not sworn as witnesses for attendance in the instant \u2018Criminal Assize \u2018Judge Alone Trial\u2019 on Antigua and Barbuda; (ii) Not beyond human reach;\u2019 (iii) Hold no residency-status on Antigua and Barbuda; and (iv) not actively serving members of the \u2018Royal St. Vincent and the Grenadines Police Force (RSVGPF); and (v) Not,\u2019 lawfully and jurisdictionally acting in the execution of duty<\/p>\n

PERSPECTIVE<\/p>\n

[IWN: May 18, 2018]. This commentary looks at; (a) \u2018Developments in the trial; (b) The Criminal Proceedings (Judge Alone Trial) Act\u2019 [No.8 of 2021[. In the instant \u2018Trial by Judge Alone,\u2019 officials at the \u2018High Court of Justice,\u2019 may have disadvantaged who has been assigned to the \u2018Antigua and Barbuda\u2019 judicial jurisdiction.<\/p>\n

PROSECUTORIAL VISION<\/p>\n

The accused were indicted for allegedly stealing or receiving \u2018Passport-related \u2018Multi-Layered Infilling Sheets (MLIS). The related documents, property of the \u2018Government of Antigua and Barbuda were valued \u2018EC$ 1, 600\u2019 for \u201916 Sheets.\u2019 These were identified as documents allegedly stolen from the \u2018Antigua and Barbuda Passport office\u2019 [October 28, 2014 and April 6, 2018]. A non-resident second female-accused had her indictment \u2018Nolle Prosequi\u2019 by the \u2018Office of DPP\u2019 [\u2026\u2026].<\/p>\n

VISION OF CONSPIRACY<\/p>\n

When then \u2018DPP Anthony Armstrong\u2019 demitted office, having assumed the \u2018Directorate\u2019 position, \u2018Acting Director of Public Prosecutions (DPP)\u2019 Shannon Jones-Gittens,\u2019 seemingly had a \u2018Prosecutorial Vision.\u2019 The \u2018Acting DPP,\u2019 likened to a \u2018Prosecutorial Prophet,\u2019 true or false, appeared to have conceived a \u2018Vision of Conspiracy.\u2019<\/p>\n

COURT-FICTURED DATES<\/p>\n

Such an indictment, meant clear intentions to commit \u2018Passport Forgery ad Fraud.\u2019 Consequent upon this new indictment, the accused, having been arraigned, also opted for the \u2018Judge Alone Trial,\u2019 as available [CPJAT: No. 8 of 2021]. Given several \u2018Court-Fixtured Dates\u2019 for commencement of the joint-trial. All hit snags of unexplained reasons and uneasy delays.<\/p>\n

PROSECUTORIAL COMPLEXITIES<\/p>\n

Less than midway through the \u2018Judge Alone Trial,\u2019 an apparent formidable \u2018Battery of Defence Attorneys; (i) \u2018Marshall and Marshall; and (ii) Michael Archibald,\u2019 had brought \u2018Prosecutorial Complexities\u2019 to the criminal proceedings. The apparent collaborative teams of \u2018Defence Attorneys,\u2019 has reportedly advanced legal arguments on the issues of (i) \u2018Attendance of Prosecution witnesses; (ii) Admissibility; or (ii) Inadmissibility.\u2019<\/p>\n

UNSWORN AND UNBINDING<\/p>\n

The three purportedly-made, \u2018Unsworn and Unbinding\u2019 \u2018Statements,\u2019 obtained in a regional jurisdiction, \u2018St. Vincent and the Grenadines,\u2019 had encountered; (a) \u2018Tendering; (b) Admission; and Marked\u2019 difficulties. They encountered, and rightly so, total rejection by \u2018Defence attorneys; (i) \u2018Marshall and Marshall\u2019 for the male accused; and (b) Michael Archibald for the female accused.<\/p>\n

HORRIBLE AND INTOLERABLE<\/p>\n

The male accused, boasted a projected reputation and an image of being tough and street smart. He was not only firm, resolute and decisive in his approach, but also effective in crime fighting. He was a fearless crime fighting sleuth. He was nationally known for being tough on crime and criminals. Those that criminally set out to make life \u2018Horrible and Intolerable\u2019 for the unsuspecting unarmed and defenceless citizens, had respect for his fearlessness and methodologies.<\/p>\n

CRIME-FIGHTENING STRATEGY<\/p>\n

As much as criminals abhorred, they feared that which he carried along, more than of himself. The citizen\u2019s safety, protection and peace of mind, were dependent upon the almost instinctive \u2018Crime-Fighting Strategy.\u2019 Though not necessarily fearful of him, the criminal element had shown appreciable respect for, and cooperated, if only half-way with him. Some despised him.<\/p>\n

VICIOUSL RUTHLESS<\/p>\n

Though not necessarily, \u2018Viciously Ruthless,\u2019 he was well respected by those that he knew would set out to prey upon the defenceless, unarmed, innocent and law-abiding citizens. These were the ones, who with impunity and increasing frequency, brazenly attacked householders, supermarkets and Service Stations. \u00a0Though not necessarily out of human respect, he had commanded both their attention, obedience and cooperation.<\/p>\n

RAY JOHN: OR RAYCAN<\/p>\n

Criminals appeared not to have ever mistakenly or despisedly called him \u2018Ray or Raycan.\u2019 \u00a0The latter, being the character in the social commentary by \u2018Sir McLean Emmanuel KCN, \u2018King Short\u2019 sang about, as having \u2018Smoked-herring in his hand.\u2019 The crime fighter \u2018Ray John\u2019 might be seen with anything in his hand, but \u2018Smoked Red Herring.\u2019.<\/p>\n

PLAYING WITH FIRE<\/p>\n

Those that have made a livelihood from robbery, and fun by shooting unarmed victims, knew that they would have been \u2018Playing with Fire.\u2019 Those that may not have experienced the uncomfortable sensation of heat, shall have come to the understanding that \u2018Fire\u2019 has never generated snow. Research has revealed that many appeared not to have experienced such heat-feeling sensation. Their experiences may have been likened to \u2018Limacol, a \u2018Breeze in a Bottle,\u2019 or the \u2018Summer Breeze.\u2019<\/p>\n

PROSECUTORIAL CLUTCHES<\/p>\n

For some 6-years, \u2018Ray John\u2019 has not been fighting crime. Instead, he has been fighting to get away from the \u2018Prosecutorial Clutches\u2019 of \u2018Acting Director of Public Prosecutions Shannon Jones-Gittens.\u2019 The \u2018Defence Team,\u2019 exhibiting evidence of formidability, appeared to have forced the \u2018Acting Director of Public Prosecutions (DPP) into a prosecutorial cul-de-sac.<\/p>\n

MENTAL AGONY<\/p>\n

With a criminal trial dangling over his, as well as the head of co-accused \u2018Shakema Charles,\u2019 such could be equated to the experiences of the two Jamaican murder-convicts \u2018Earl Pratt and Ivan Morgan\u2019 [JCPC: 1993]. In their case, the \u2018Mental Agony,\u2019 trauma, torment, the unease experienced, were capable of being described as \u2018Cruel and unusual Punishment\u2019 [ANU: CO: 1981: Section 6 (7)].<\/p>\n

RULING ON \u2018LEGAL FICTION<\/p>\n

This could be all over on \u2018Tuesday February, 13, 2024.\u2019 This will be dependent upon the \u2018Ruling on Submissions\u2019 made by \u2018Defence and Prosecuting Attorneys,\u2019 on the admissibility or inadmissibility of statements, \u2018Fictionally-but legally recognized in law as \u2018Written Statements\u2019 MCPA: Section 42 A: No. 13 of 2004: Section 7 (a)].<\/p>\n

ADMISSIBILITY\/INADMISSIBILITY<\/p>\n

Though an indictment relating to an offence against property and legally-acceptable behavior, a ruling in favor of \u2018Admissibility\/Inadmissibility\u2019 in evidence, could result in their admittance in evidence without the benefit of an opportunity to \u2018Cross Examine\u2019 the purported makers of the Statements, not deponed before a \u2018Committing Magistrate.\u2019 Conversely, there will be no need for \u2018Cross or Re-examination,\u2019 if not so ruled.<\/p>\n

TORMENT AND AGONY<\/p>\n

Research has revealed their \u2018Torment and Agony\u2019 languishing on \u2018Death Row, they were served twice with the \u2018Hanging Notice.\u2019 Terrified when weighed to ascertain, what, if any additional weight was necessary to effect upon the accused that which the \u2018Jamaica Supreme Court,\u2019 had ordered. \u2019Both knew that their \u2018Cell Life\u2019 was about to end with a noose around their necks\u2019<\/p>\n

[1979-1993].<\/p>\n

INCOMPARABLE SERIOUSNESS<\/p>\n

Incidentally, the accused Ray John and Shakema Charles\u2019 were \u2018Remanded on Bail\u2019 until the commencement of their trial [Observer Media: January, 17, 2024]. Though with \u2018Incomparable Seriousness,\u2019 to that of Jamaican murder convicts who languished on \u2018Death Row\u2019 for some \u201814-gruelling years,\u2019 the jointly-charged accused \u2018Ray John and Shakema Charles,\u2019 may have been given cause for grave concern.<\/p>\n

PROSECUTORIAL IMPOTENCY<\/p>\n

That which the accused have experience was more than inordinate trial delays. Such, from public perceptions, could reasonably have been attributed to several factors. That which appeared to have operated in the mind of general public, have been; (a) Prosecutorial Delinquency;\u2019 or (b) Prosecutorial-selectivity; or (c) Prosecutorial hesitancy; (d) Prosecutorial unpreparedness; or (e) Prosecutorial Impotency.\u2019<\/p>\n

DELAYED TRIAL- MALADY<\/p>\n

Alleged to have committed certain \u2018Conspiratorial Acts,\u2019 the accused were; (a) \u2018Hastily arrested; (b) Hastily committed; and (c) Hastily indicted to stand trial at the \u2018Criminal Assizes-2019.\u2019 Their joint-trial appeared not to have been a prosecutorial priority. Languishing on bail, for some 5-years, could arguably, be described as a \u2018Malady\u2019 that seemed to have plagued the offices of \u2018DPP and Criminal Assizes.\u2019<\/p>\n

PROSECUTORIAL CREDIBILITY<\/p>\n

This has not only reflected negatively on: (i) \u2018Crown Prosecutors; but also (ii) The Criminal Justice System; and (iii) The Judiciary.\u2019 Such malady could impact the \u2018Prosecutorial Credibility\u2019 of the service the \u2018Crown\u2019 renders to the public. Many citizens have found, and continue to find it difficult to mask their abhorrence and disgust or hide their utter contempt for that which these systems were dishing out, particularly upon the indigent members of society.<\/p>\n

TRAVESTY TO TRIAL JUDGE<\/p>\n

With merely three months into adjudicating at the \u2018Criminal Assizes,\u2019 to have \u2018foisted\u2019 upon \u2018His Lordship, Justice Tunde Ademola Bakre\u2019 the \u2018Complex Ray John\/Shakema Charles,\u2019 may have been a \u2018Travesty\u2019 to the \u2018Trial Judge.\u2019 Seemingly, prepared for the challenges that lie ahead, the \u2018Trial Judge,\u2019 had made a declaration of intent that the trial will commence with the issuance of a \u2018Court-Fixtured Date\u2019 in December-2023.\u2019<\/p>\n

JUDICIAL NOTIFICATION<\/p>\n

Incidentally, both accused had \u2018Judicial Notification\u2019 that their attendance, collectively, was required at the \u2018Criminal Assize Court-May 2019.\u2019 That which \u2018His Lordship, Justice Tunde Ademola Bakre,\u2019 appeared to have lacked intimate familiarity,\u2019 were celebratory events, practice, customs and culture. He may have been made aware that unlike \u2018Continental Africa,\u2019 the month of \u2018December\u2019 was for anything, but criminal trials.<\/p>\n

CO-OPERATIVE AND ACCOMMODATING<\/p>\n

When a \u2018December Court-Fixtured-Date\u2019 came upon \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens,\u2019 disappointingly, reluctantly, yet \u2018Co-operatively Accommodating,\u2019 the \u2018Trial Judge,\u2019 with a sternness of a voice, intimated a resolve that the trial shall commence on \u2018January 17, 2024\u2019 [Observer Media:]. On February 13, 2024, it would be 4-days shy of one month since the trial commenced.<\/p>\n

ADJUDICATING GPS<\/p>\n

So intense has been the legal arguments, that the \u2018Trial Judge\u2019 appeared to have been forced into using the \u2018Adjudicating GPS\u2019 in navigating the \u2018corridors to the \u2018Halls of Justice.\u2019 While such remains the case at \u2018Committal Proceedings,\u2019 it is much higher at trial. There are the Prosecution duties of; (i) \u2018Establishing a Prima Facie Case to eliminate \u2018No Case to Answer Submissions.\u2019<\/p>\n

EVIDENTIAL AMBIGUITIES<\/p>\n

The Prosecution\u2019s cases are based upon the evidence adduced at trial, be it favorable or unfavorable. It is allowed full judicial ventilation, and well examined by; (a) \u2018Defence Attorneys; (b) Carefully by the Jury; and (c) The Trial Judge in clearing up \u2018Evidential Ambiguities.\u2019 The most fundamental has always; (a) \u2018The Burden of Proof; then (b) Proving the Case \u2018Beyond Reasonable Doubt.\u2019 This has been so, be it in; (i) \u2018Jury; or (ii) Juryless trials,\u2019 as has been the instant case.<\/p>\n

PROSECUTORIAL ADVANTAGE<\/p>\n

It boggles the mind, that an apparent unprincipled attempt may have been made, in persuading the \u2018Trial Judge,\u2019 to act contrary to the provisions contained in the \u2018Criminal Proceedings (Trial by Judge Alone) Act.\u2019 Given such an appearance, it might be considered inexcusable for \u2018Crown Prosecutors\u2019 to exploit the apparent unfamiliarity of a \u2018Trial Judge\u2019 for the purpose of obtaining a \u2018Prosecutorial Advantage,\u2019 by deception.<\/p>\n

FIRST TIME \u2018JUDGE ALONE\u2019 ADJUDICATOR<\/p>\n

The apparent \u2018First-Time Trial Adjudicator,\u2019 required a one-week adjournment to consider, and determine; (a) \u2018The Admissibility; or (b) Inadmissibility of the \u2018Statements, fictionalized as \u2018Depositions.\u2019 The \u2018Magistrate\u2019s Code of Procedure (Amendment) Act\u2019 interprets \u2018Committal Proceedings\u2019 as means \u2018Proceedings under the Magistrate\u2019s Code of Procedure Act for the committal of a person accused an indictable offence for trial by Jury\u2019 [MCPA: Section 56: MCPAA: Section 29: No 13 of 2004].<\/p>\n

ABILITY AND INTELLECT<\/p>\n

Though legally learned, and with high regard and respect to \u2018His Lordship\u2019s\u2019 adjudicating \u2018Ability and Intellect,\u2019 of \u2018Justice Tunde Ademola Bakre,\u2019 may have been given a path to ascend the summit of \u2018Mt. Kili Manjaro\u2019 without a \u2018Global Position System (GPS)\u2019 [Tanzania: Africa]. [Observer Media: February 6, 2024].<\/p>\n

FAIR TRIAL ORDER<\/p>\n

For the \u2018Judicial guidance of \u2018Trial Judges, one of the provisions unambiguously states; \u2018A Judge presiding at a criminal proceeding, may make \u2018ANY\u2019 order that he\/she considers appropriate in the circumstances to protect the right of the accused to a \u2018Fair Trial\u2019 [Section 50: Evidence (Special Provisions) Act: No.5 of 2009].<\/p>\n

EVIDENCE: READING STATEMENTS<\/p>\n

Even as the issue of \u2018Reading Statements\u2019 into evidence, has arisen, no evidentiary duty was imposed upon the \u2018Trial Judge\u2019 to assist \u2018Crown Prosecutors\u2019 in making out a \u2018Prima Facie Case\u2019 against the accused; (i) \u2018Ray John; and (ii) Shakema Charles.\u2019 The applicable \u2018Act\u2019 has made special provisions for \u2018Non-Deponed Statements,\u2019 to be read into evidence. It qualifies and guides; (i) \u2018Crown Prosecutors: (ii) Defence attorneys; and (iii) Trial Judges,\u2019 when and how this shall be allowed.<\/p>\n

REFERRALS ASSISTANCE<\/p>\n

Thus, it has been the adjudicating responsibility of all \u2018Trial Judges\u2019 to ensure that the evidence adduced by the \u2018Prosecution,\u2019 does so to the satisfaction of the Court. That which neither; (i) \u2018The Crown Prosecutors: nor (ii) Practicing Attorneys-Marshall and Marshall; or (iii) Michael Archibald; and of which \u2018His Lordship\u2019 appeared not to have received was \u2018Referrals Assistance.\u2019<\/p>\n

LACK OF FAMILIARITY<\/p>\n

Conversely, \u2018Lack of Familiarity\u2019 with the provisions contained in the \u2018Criminal Proceedings (Trial by Judge Alone) Act,\u2019 such may have influenced the adjournment. The pertinent provisions contained in the \u2018Criminal Proceedings (Trial by Judge Alone) Act,\u2019 may not have been remembered [CPTJA: No. 8 of 2020].<\/p>\n

DICTATES OF PRUDENCE<\/p>\n

As far as authority or \u2018Power of Compellability\u2019 was concerned, no such \u2018Power\u2019 resides with the eminent \u2018Trial Judge, His Lordship Tunde Ademola Bakre.\u2019 Moreover, no option is available to \u2018Crown Prosecutors\u2019 to apply to the \u2018Bench\u2019 for \u2018Warrants of Arrest.\u2019 Evidently, guiding and\/or directing himself, \u2018His Lordship\u2019 may have followed the \u2018Dictates of Prudence.\u2019<\/p>\n

PRUDENCE: AUTHORITATIVE CITATIONS<\/p>\n

So followed and guided, the \u2018Trial Judge\u2019 took an adjournment to gain better familiarity with the provisions. Such adjournment may also allow for research on \u2018Authoritative Citations\u2019 or that considered \u2018Settled Law,\u2019 to assist the knowledge of the Court. Such \u2018Citations\u2019 often guide informed judicial rulings on the evidential issues of; (a) \u2018Admissibility; or (b) Inadmissibility,\u2019 be it \u2018Oral or Documentary.\u2019<\/p>\n

OBJECTIONABLE READING OF STATEMENTS<\/p>\n

Respecting the \u2018Objectionable Reading of Statements,\u2019 though by law they are \u2018Fictionally\u2019 called \u2018Depositions,\u2019 it may have been for reasons of expediency the amendments were made to aid the Courts\u2019 [MCPA: Section 41: CPTJA: No. 13 of 2004]. Parliament has made the provisions sufficiently clear for non-practicing \u2018Law-degreed Member of Parliament, \u2018Maria Vanessa Bird-Browne\u2019 to explain to her innocent, but intelligent daughter, \u2018Princess Peace-Marie Xandra Browne\u2019 for her comprehension.<\/p>\n

NON-DISPUTED: DEPOSITIONS\/ADMISSIONS<\/p>\n

The related provision states; \u2018The Depositions of all witnesses whose attendance is NOT; (a) Considered necessary by the Prosecution; and (b) Who are not required by the accused to attend the trial; <\/strong>(c) Shall be read into evidence\u2019 [Criminal Proceedings (Trial by Judge Alone: No. 8 of 2021: Section 13 (i)]. The \u2018Act\u2019 also allows for \u2018Distillation of Admissions\u2019 and reading into evidence certain parts with agreement by the parties concerned with the trial.<\/p>\n

DISTILLATION OF ADMISSIONS<\/p>\n

The provision further states; \u2018Whenever possible, relevant parts from \u2018an Agreed Deposition,\u2019 should be \u2018Distilled\u2019 into a set of \u2018Admissions,\u2019 agreed between all parties, shall be read into evidence at trial\u2019 [CPTBJA: Section 13 (2)]. Had the \u2018Crown Prosecutors and Defence Attorneys\u2019 consulted \u2018Maria or Princess Peace,\u2019 the \u2018Trial Judge, His Lordship, Justice Tunde Ademola Bakre,\u2019 may have had a \u2018Peaceful Trial.\u2019<\/p>\n

EVIDENTIAL DIFFICULTIES<\/p>\n

Though not necessarily of the making of the \u2018DPP,\u2019 \u2018Evidential Difficulties\u2019 appeared to have arisen for the unfortunate newly appointed \u2018Juryless Trial Judge.\u2019 Cognizance of the legal maxim; \u2018Justice delayed, is Justice denied,\u2019 His Lordship. Justice Tunde Ademola Bakre,\u2019 insisted on a \u2018December 2023\u2019 trial [Observer Media: November 15, 2023].<\/p>\n

TINKERERS AND GYMNASTS<\/p>\n

It all started by the \u2018Legal Tinkerers and Gymnasts.\u2019 They have tinkered with the \u2018Law,\u2019 then gymnasticized it through the Parliament. Clearly, expediency, more than necessity appeared to have dictated certain amendments to the \u2018Magistrate\u2019s Code of Procedure Act\u2019 [Chapter 255: Sections 41 and 42]. When the \u2018Parliamentary Gymnastics\u2019 were over, the \u2018Gymnasts\u2019 came up with; (i) \u2018Statement-Filing\u2019 as part of the \u2018Committal Proceedings\u2019 process.<\/p>\n

PAPER COMMITTAL<\/p>\n

This was given legal effect by an amendment to the \u2018Magistrate\u2019s Code of Procedure Act\u2019 [MCPA: Chapter 255]. Some \u2018Gymnasts\u2019 in the \u2018Lower and Upper Houses,\u2019 had not even the slightest clue. Even so, the \u2018Ayes has it\u2019 [House Speaker\/Senate President]. A then leading \u2018Criminal Investigator\/Case File Vetter, Assistant Commissioner McKenzie Joseph,\u2019 jestingly called the exercise \u2018Paper Committal.\u2019<\/p>\n

LEGISLATIVELY EXPLOITED<\/p>\n

The \u2018Section,\u2019 incidentally, \u2018Legislatively Exploited,\u2019 was \u2018Section 41\u2019 [Magistrate\u2019s Code of Procedure Act (MCPA): Chapter 255]. The sectionalized provision gives \u2018Committing Magistrates\u2019 statutory authority, if \u2018Satisfied\u2019<\/strong> with the \u2018Written Statements,\u2019 legally fictionalized as \u2018Depositions,\u2019 to simply commit accused persons for trial at the \u2018Quarter Session Criminal Assizes\u2019 [ Section 7: No.13 of 2004: MCPA: Section 42].<\/p>\n

PROSECUTORIAL DILEMMA<\/p>\n

Likened to the \u2018Ferris Wheel\u2019 at an \u2018Amusement Park,\u2019 the Office of \u2018DPP\u2019 appeared to have been in the spinning mode. It appeared that the advent of a new jurisdictional \u2018Trial Judge, His Lordship, Justice Tunde Ademola Bakre,\u2019 saw the abrupt halting of the \u2018Spinning Wheel.\u2019\u00a0 This was when the \u2018Prosecutorial Dilemma,\u2019 of the \u2018Acting DPP, Shannon Jones-Gittens\u2019 appeared to have begun.<\/p>\n

NEXUSES AND CUSTODY<\/p>\n

From an evidential perspective, the indicted accused were never found in physical possession of the \u2018Questioned Passport Bio-Pages,\u2019 by members of; (a) The \u2018Royal St. Vincent Police Force (RSVPF); or (b) Members of the Royal Police Force of Antigua and Barbuda (RPFAB). Instructively, the \u2018Passport Bio-Pages\u2019 reportedly intercepted and seized in a foreign Jurisdiction,\u2019 could only have linked the indicted accused \u2018Ray John,\u2019 by a series of; (a) \u2018Nexuses; and (b) Chain of Custody.\u2019<\/p>\n

TECHNOLOGICAL EVIDENCE<\/p>\n

These, in any criminal prosecutions, are fundamental to successfully establish a \u2018Prima Facie Case\u2019 against an indicted accused person. At the close of the case for the \u2018Prosecution,\u2019 Defence attorneys may make, and advance legal arguments on a \u2018No Case to Answer Submission.\u2019 Apart from possible \u2018Technological Evidence,\u2019 the \u2018Nexuses and Chain of Custody\u2019 may have been provided by the non-attending witnesses.\u2019<\/p>\n

TRIAL BY JURY<\/p>\n

The advent of the \u2018Criminal Proceedings (Trial by Judge Alone) Act\u2019 [CPTJA: No 8 of 2021], has completely eliminated the \u2018Jury Act.\u2019 The non-confusing interpretation, as contained in the \u2018Amendment\u2019 states; \u2018In this Act, \u2018Committal Proceedings,\u2019 means proceedings under this \u2018Part\u2019 for the committal of a person accused of an indictable offence for \u2018Trial by Jury\u2019<\/strong> [No.13 of 2004: Section 5].<\/p>\n

GRAVE PROSECUTORIAL DIFFICULTIES<\/p>\n

Consequent upon the \u2018Amendment,\u2019 that which now seemed to have posed \u2018Grave Prosecutorial Difficulties\u2019 to \u2018Crown Prosecutors,\u2019 has been the dispensing with the \u2018Preliminary Inquiry.\u2019 This necessarily means that witnesses were not to be summoned to the \u2018First Instant Court\u2019 to be examined by \u2018Committal Magistrates.\u2019 Graver difficulties now exist, where witnesses are not compelled to attend trials at the \u2018Criminal Assizes.\u2019<\/p>\n

ADVENT OF CHANGE<\/p>\n

The \u2018Committal Proceedings\u2019 no longer require the tedious process of; (i) \u2018Deponing witnesses under \u2018Oath\/Affirmation; nor (ii) Allow for binding over \u2018Deponents\u2019 for the purposes of compelling their attendance at trials at the \u2018Criminal Assizes.\u2019 These have all been part of the \u2018Advent of Change.\u2019<\/p>\n

PERILOUS CONSEQUENCES<\/p>\n

Then resulting from the \u2018Statements-Filing\u2019 or \u2018Paper Committals,\u2019 has been the inapplicability of \u2018Perilous Consequences.\u2019 Crown Prosecutors can no longer apply to the Court for forfeiture of \u2018monetary sums\u2019 to the Crown.\u2019 Such may have been enforceable by \u2018Trial Judges\u2019 for; (a) \u2018Non-attendance; or (b) Willful disobedience; or (c) Inexcusable absence of witnesses from the \u2018Court.\u2019<\/p>\n

JURISPRUDENTIAL PROBLEMS<\/p>\n

Though, at the \u2018Magisterial\u2019 level,\u2019 from professional knowledge and practical prosecutorial experience, the dilemma that appeared to have been facing \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens,\u2019 has obviously been an apparent; (i) \u2018Jurisprudential Problems;\u2019 (ii) Unavailability of Key Prosecution Witnesses; and (iii) Lack, or inadequacy of evidence, necessary to establish a \u2018Prima Facie Case.\u2019<\/p>\n

COURT-FIXTURED TRIALS<\/p>\n

It has never been the responsibility of \u2018Trial Judges\u2019 to ensure the attendance at \u2018Court-Fixtured Trials.\u2019 Even so, it is a \u2018Judges\u2019 responsibility to have certain familiarity. In the instant case, it will have allowed for continuation with the \u2018Judge Alone Trial,\u2019 thereby eliminated the need for further \u2018trial delay\u2019 for another week [Observer Media: February 13, 2024].<\/p>\n

JUDICIAL PRUDENCE<\/p>\n

That which shall be clearly understood, and seemingly very well understood and accord \u2018Judicial Prudence\u2019 by the \u2018Trial Judge,\u2019 may have been these; (a) \u2018That no power exists for\u00a0 the issuance of Summons or Warrants from the Bench; (b) That none shall be served, nor executed upon any person in any place where the \u2018Trial Judge,\u2019 has no jurisdiction; (c) Where such person was not indicted to stand trial at the \u2018Criminal Assizes;\u2019 or (d) Not bounded over; (e) Had no judicial obligations to attend Court; and (f) Had not absconded from the jurisdiction of the Court.\u2019<\/p>\n

MANIFESTATION OF JUSTICE<\/p>\n

From time immemorial, and in the history of criminal trials, \u2018Superior Courts,\u2019 recognizing human expectations, have urged \u2018Trial Judges\u2019 that; \u2018Justice must not only be seen to be done, but \u2018Manifestly\u2019 appear to be done\u2019 [Sussex Justices: 1923: AER: 256]. This \u2018Ruling\u2019 comports with the \u2018Universal Declarations of Human Rights\u2019 [UDHR: 1948]. For the benefit of knowledge, in its \u2018Articles,\u2019 it states; \u2018Everyone is entitled in full equality to; (i) \u2018A fair and public hearing; (ii) By an independent and impartial tribunal\u2019 [Article 10].<\/p>\n

GUARANTEES NECESSARY<\/p>\n

Among that which were prudently inserted for \u2018Fairness of Trial,\u2019 states; (iii) \u2018In the determination of any criminal charge\u2019 duly preferred against an accused person, everyone charged with a penal offence, shall have all the \u2018Guarantees Necessary\u2019 for his defence\u2019 [UNDHR: 1948: Articles 11]. These necessarily includes, the availability of witnesses to be subjected, (if possess the ability), to vigorous \u2018Cross Examination,\u2019 following the \u2018Evidence in Chief.\u2019<\/p>\n

KEY PROSECUTION WITNESSES<\/p>\n

Those considered among the \u2018Key Prosecution Witnesses\u2019 include; (i) \u2018Superintendent Lisborn Michael (RPFAB); (ii) Geraldo James; (iii) Londel Jones; and (iv) Ezra Lampkin-Cruickshank (St. Vincent and the Grenadines).\u2019 Except for the jurisdictional presence of \u2018Lisborn Michael,\u2019 the other \u2018Key Prosecution Witnesses\u2019 were neither visitors to, nor residents of the independent nation of \u2018Antigua and Barbuda.\u2019.<\/p>\n

RIGHT OF INNOCENCE<\/p>\n

Should the \u2018Court\u2019 be satisfied that a \u2018Prima Facie Case,\u2019 has been so established on the face of the evidence, (though not of innocence), the \u2018Burden of Proof,\u2019 then slightly shifts to the accused. The \u2018Constitution Order\u2019 has made it clear, that every accused person charged with criminal offences, enjoys the constitutional Right of Innocence\u2019 [CO: No. 1106: Section 15].<\/p>\n

LEGAL ARGUMENTS<\/p>\n

This was usually the juncture where the \u2018Trial Judge,\u2019 shall rule in favor of the \u2018Prosecution,\u2019 and call upon the accused to go on their Defence.\u2019 Consequent upon the legal arguments advanced by the \u2018Defence and Prosecution,\u2019 should the \u2018Trial Judge\u2019 not so satisfied that a \u2018Prima Facie Case,\u2019 has not been so established, then he\/she shall order that the accused be acquitted. Such order effectively ends the criminal trial and indictment.<\/p>\n

CONFUSING LANGUAGE<\/p>\n

That which was couched in \u2018Confusing Language,\u2019 states; \u2018For the purposes of this \u2018Act\u2019 and any other law, a reference to a \u2018Deposition\u2019 in relation to \u2018Committal Proceedings,\u2019 shall be construed as a reference to any \u2018Statement\u2019 admitted in evidence in \u2018Committal Proceedings\u2019 under this Act\u2019 [Section 5 (2)]. Incidentally, the provision fictionally speaks to the \u2018Unsworn Statement\u2019 as a \u2018Deposition\u2019 [Section 6].<\/p>\n

PROCEDURAL UNDERSTANDING<\/p>\n

The related provision then states; \u2018All \u2018Committal Proceedings\u2019 shall be instituted under the direction of the \u2018Director of Public Prosecutions (DPP).\u2019 For \u2018Procedural Understanding,\u2019 of that obtains, it states; The \u2018DPP\u2019 shall file; (a) \u2018One or more written \u2018Statements of witnesses\u2019 in support of the charge; and (b) A list of exhibits, (if any)\u2019 [Section 7: MCPA: Section 42A].<\/p>\n

JUDGE ALONE TRIAL<\/p>\n

Then one day, through the legislative process, the \u2018Legal Gymnasts\u2019 came up with the \u2018Judge Alone Trial.\u2019 This allows for\u00a0\u00a0 Statements \u2018Fictionalized as \u2018Depositions\u2019 and filed by the \u2018Director of Public Prosecutions (DPP)\u2019 to be so considered, and given \u2018Judicial Notice\u2019 in a \u2018Judge Alone Trial.\u2019 It shall be understood that \u2018Judges do not institute \u2018Criminal Proceedings.\u2019<\/p>\n

PROSECUTORIAL EXPEDIENCY<\/p>\n

When so instituted by a power or authority, they are done so for the expressed purposes of criminal trials. Inferentially, and disguisedly, for reasons of \u2018Prosecutorial Expediency,\u2019 the provisions contained in the \u2018Act\u2019 states; \u2018The \u2018Act\u2019 may be cited as the \u2018Criminal Proceedings (Trial by Judge Alone) Act.\u2019 It continues; \u2018An Act to provide for criminal \u2018Trials without a Jury\u2019 in certain circumstances, and for other matters connected, or incidental thereto\u2019 [No. 8 of 2020: Section 1].<\/p>\n

MAXIMS AND RULINGS<\/p>\n

In the instant trial, the \u2018Trial Judge\u2019 shall be guided by the \u2018Maxims and Rulings\u2019 that allow for perceptions of a criminal proceedings that showed \u2018Fairness to the person; (i) \u2018Accused; (ii) Indicted; and (iii) Stood trial, whether or not by; (a) An empaneled Jury; or (b) A Judge Alone\u2019 [Criminal Proceedings (Judge Alone Trial) Act: No.8 of 2021].<\/p>\n

MANIFESTATION OF JUSTICE<\/p>\n

That which have been long urged were that; (i) \u2018He who asserts, must prove; and that (ii) A reasonable doubt, shall be resolved in favor of the accused person.\u2019 Most importantly were the dicta of the \u2018Apex Court- Judicial Committee of the Privy Council (JCPC),\u2019 that there shall be \u2018Manifestation of Justice.\u2019 Awareness and guidance by the provisions contained in the \u2018Act,\u2019 could see both accused jolted into a celebratory mode, that allows for \u2018wining and dining\u2019 on \u2018Valentine\u2019s Day\u2019 [February 14, 2024].<\/p>\n

OUTSIDE COURT\u2019S JURISDICTION<\/p>\n

It has been the knowledge that no criminal prosecution shall take place without adequate preparation. This is particularly, where \u2018Key Prosecution Witnesses,\u2019 were in \u2018Foreign Jurisdictions.\u2019 Thus, had there been serious preparatory work, with the assistance of the \u2018Vincentian\u2019 counterpart, \u2018Crown Prosecutors,\u2019 may have been better positioned to address the \u2018Trial Judge\u2019 on the availability or unavailability of witnesses \u2018Outside the Court\u2019s Jurisdiction.\u2019<\/p>\n

DIFFICULTIES: NON-COMPELLABLE WITNESSES<\/p>\n

The \u2018Chief Crown Prosecutor\u2019 appeared to have been placed under grave \u2018Prosecutorial Difficulties with; (i) \u2018Locating prospective key prosecution witnesses who have; (a) \u2018Never been resident in Antigua and Barbuda; (b) Never entered or departed from the \u2018Court\u2019s jurisdiction. Now, given these truths, though competent, witnesses resident in country of domicile, or resident in other jurisdictions, they are \u2018NOT\u2019 compellable Witnesses.\u2019<\/p>\n

DEFENCE TEAMS<\/p>\n

Representing the two indicted accused; (i) \u2018Ray John; and (ii) Shakema Charles,\u2019 media reports identified the Law Chambers of \u2018Marshall and Marshall and practicing attorney Michael Archibald.\u2019 The father\/son \u2018Defence Team\u2019 reportedly appeared for the former, while the latter was said to have been represented by \u2018Defence attorney, Michael Archibald.\u2019 The lead \u2018Defence Counsel, \u2018Hugh Marshall Jr. was assisted by his son Johnathan Marshall.\u2019<\/p>\n

SOLE JUDGE: FACT AND LAW<\/p>\n

Though it has been so referred, the learned \u2018Trial Judge,\u2019 functioning as; (i) \u2018The \u2018Sole Judge of Fact; and (ii) Sole Judge of Law,\u2019 shall properly guide and direct himself of that which was under criminal jurisdiction for judicial consideration. He shall not be concerned of its constitutionality, as such issue was not before such a \u2018Court.\u2019 As it was not a contentious constitutional issue, the \u2018Court\u2019 shall not entertain issues of breaches of the \u2018Fundamental Rights; Freedoms; and Liberties of the Individual\u2019 [Supreme Law: CO: 1981: Chapter II].<\/p>\n

CONCLUSION<\/p>\n

In consequence of which, it behooves every \u2018Trial Judge,\u2019 not only to inform him\/herself, but also to have intimate and keen knowledge and familiarity of the provisions contained therein. Given the anticipation of exploitation, a specific \u2018Mischief\u2019 was \u2018Aimed by Parliament.\u2019 Such remains focused upon a \u2018Fair Trial.\u2019 Therefore, the accused persons facing trial on indictment by the \u2018State\u2019s\u2019 jurisdictional \u2018Director of Public Prosecutions (DPP),\u2019 are not only to be given the \u2018Protection of Law,\u2019 but also of the \u2018Criminal Assize\u2019 sole adjudicator, that have tried the indictments. ***<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

\u2019<\/p>\n

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

  SLEUTH CRIME FIGHTER – RAY JOHN ET AL: ON TRIAL \u00a0\u00a0\u00a0by\u00a0 RAWLSTON POMPEY Few would deny that the \u2018Ray John \/Shakema Charles\u2019 Criminal Assize Trial on \u2018Conspiracy Indictment,\u2019 speaks to nothing, but prosecutorial confusion. The turn of events, and twist of fate, speak to nothing, but a mass of confusion. Media reports suggested that […]<\/p>\n","protected":false},"author":3,"featured_media":179393,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-195473","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Sleuth Crime Fighter - Ray John Et Al: On Trial - 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\/commentary-sleuth-crime-fighter-ray-john-et-al-on-trial\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Sleuth Crime Fighter - Ray John Et Al: On Trial\" \/>\n<meta property=\"og:description\" content=\"  SLEUTH CRIME FIGHTER – RAY JOHN ET AL: ON TRIAL \u00a0\u00a0\u00a0by\u00a0 RAWLSTON POMPEY Few would deny that the \u2018Ray John \/Shakema Charles\u2019 Criminal Assize Trial on \u2018Conspiracy Indictment,\u2019 speaks to nothing, but prosecutorial confusion. The turn of events, and twist of fate, speak to nothing, but a mass of confusion. 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