{"id":198597,"date":"2024-04-12T11:00:21","date_gmt":"2024-04-12T15:00:21","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=198597"},"modified":"2024-04-12T17:01:33","modified_gmt":"2024-04-12T21:01:33","slug":"commentary-treacherously-luring-and-nabbing-ray-john","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-treacherously-luring-and-nabbing-ray-john\/","title":{"rendered":"COMMENTARY: Treacherously Luring And Nabbing Ray John"},"content":{"rendered":"
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TREACHEROUSLY LURING AND NABBING RAY JOHN<\/p>

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RAWLSTON POMPEY<\/p>\n

Third only to (i) \u2018Acquisitive greed; and (ii) Pleasure,\u2019 though not necessarily next of kin, man\u2019s greatest delight, has been the destruction of his brother and sister. Looked at from criminal prosecutions, those charged with such responsibility, have invariably, shown scant regard to \u2018Law and the Constitutional guarantees. These are looked at from the perspectives of; (a) Law: (b) Fair and impartial trial; and(c) The administration of justice.<\/p>

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GUARANTEES: RELIGIOUSLY IGNORED<\/p>

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The \u2018Constitution Order\u2019 guarantees and guides, for non-bias, independent and fair criminal trials. Yet, not infrequently, these were seen as being \u2018Religiously Ignored.\u2019 The chief culprits, being the vain-glory; (a) \u2018Criminal Prosecutors; or (b) The procedural and evidential unfamiliarity of \u2018Criminal Assize Judges.\u2019 For instance, two provisions state; (i) \u2018Every accused person shall enjoy the constitutional \u2018Right of Innocence; while (ii) Every indicted person shall be provided with; \u2018Facilities to examine in person the prosecution witnesses\u2019 [CO: 1981: Section 15].<\/p>\n

PERSPECTIVE<\/p>

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The public institutions that were often subjected to public scrutiny. The \u2018Police Service and Criminal Prosecutions Service (CPS) and the Courts\u2019 have been among the institutions that have been constantly placed under the radar of concerned and law-abiding citizens. Whether for civil litigation, adjudication or criminal prosecution, these systems have been seen by the citizenry, as being pregnant with practices, bordering corruption. In the case of \u2018Law enforcement,\u2019 notwithstanding any perceptions, none shall seek to exploit, possible administrative weaknesses or deficiencies; nor the investigative ignorance of any personnel appointed to act in the capacity of \u2018Commissioner of Police.\u2019<\/p>\n

DISPENSING WITH JURY SYSTEM<\/p>

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Failure in recognizing the guiding principle of \u2018Natural Justice,\u2019 or to fully understand and appreciate their; (a) \u2018Judicial status as Judges; (b) Role and function; and (c) The concept called \u2018Administration of Justice,\u2019 has often been seen leading to travesties. Judges could only be seen through their independence and impartiality by dispensing justice fairly and rationally. Given the reported urgings of the \u2018Chief Justice, Her Ladyship, Dame Janice M. Pereira DBE\u2019 for \u2018Dispensing with the Jury System,\u2019 it begs the question; \u2018What may have been the \u2018Judges\u2019 moral, ethical and legal understanding of the principle called; \u2018Separation of Powers?\u2019<\/p>

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FEATURED ARTICLE<\/p>\n

This \u2018Featured Article,\u2019 is comprehensive. Those with scant regard to literacy, may leave it alone. Nonetheless, it is \u2018Dedicated\u2019 to a few men of honor, principle and strength of character. In some quarters, their rationalized views on the vexed \u2018Mode of Trial,\u2019 have been welcomed. Those seen to have been endowed with \u2018Reason,\u2019 and guided by the dictates of their Conscience,\u2019 have been identified as; (i) \u2018His Lordship, Justice Thomas W. Astaphan; and legal practitioners; (i) Leon \u2018Chaku\u2019 Symister; (ii) Charlesworth Tabor,\u2019 as well as other \u2018Legal practitioners at the \u2018Criminal Assizes.\u2019<\/p>\n

BLATANT BREACHES<\/p>\n

To all intents and purposes, these appeared obvious in the aborted in the \u2018Ray John\/Shakema Charles Judge Alone Trial\u2019 [March 5, 2024]. The \u2018Blatant Breaches\u2019 appeared to have been observed in the; (i) Non-compliant with \u2018Pre-trial and prosecutorial formalities; along with (ii) Adjudication and evidential breaches, when \u2018Absent key prosecution witnesses \u2018Fictionally-Legalized Depositions,\u2019 were permitted to be read into evidence. This appeared to have been in clear breach of the constitutional provision that speaks to; \u2018Facilities to examine in person the prosecution witnesses\u2019 [CO: 1981: Section 15 (2) (e)].<\/p>\n

DEFENSIVE FIGHT<\/p>\n

Whether by administrative glitch, inadvertence; ignorance; or professional incompetence, \u2018Criminal Justice\u2019 and the \u2018Judge Alone Trial,\u2019 appeared to have suffered a devastating blow. Additionally, it had experienced a serious prosecutorial setback. A striking team, comprising of two formidable Defence Attorneys; (i) \u2018Hugh Marshall Jr.; and (ii) Michael Archibald.\u2019 They had taken the \u2018Defensive Fight\u2019 to; (a) The \u2018Criminal Prosecutions Service (CPS), Principal prosecutor; and (b) Adjudicator.\u2019 By any stretch of imagination, they had found these attorneys, convincingly knowledgeable, focused and defensively adroit.<\/p>\n

BRANCHES OF GOVERNMENT<\/p>\n

Not infrequently, citizens have seen the three \u2018Branches of Government\u2019 through its agenda; Agents; and Agencies,\u2019 supposedly working in the interest of the nation. Functionally, in small-island States, there have been no demarcation lines for \u2018Legislative and policy-making bodies. There was no such concept or principle as; \u2018Separation of Powers.\u2019 Today, the citizens will have seen as the most dreaded \u2018Branches,\u2019 have been; (i) \u2018The Legislature; and (ii) The Judiciary.\u2019 \u00a0The \u2018Executive Branch,\u2019 has been often seen as in control of these \u2018Branches.\u2019<\/p>\n

MOCKERY OF JUSTICES<\/p>\n

Likened to the silent objectors, they will have seen at best, the \u2018Judge Alone Trial\u2019 as hypocrisy, and at worst, the \u2018Legislature\u2019 making \u2018Mockery of the Justices\u2019 [CP(TJA)A: No.8 of 2021: Section 7]. Still, it was neither the \u2018Legislature,\u2019 nor the \u2018Mockery,\u2019 that had caused the \u2018Trial\u2019 to be aborted. \u00a0The enactment has not only placed the \u2018Judiciary and Judges\u2019 under strict \u2018State Control,\u2019 but also subserviently-bonded with the two most dangerous \u2018Branches of Governance; (a) \u2018The Legislature; and (b) The Executive.\u2019<\/p>\n

CULTURALLY-SLAVISH JUDICIARY<\/p>\n

The enactment has empowered \u2018Judges\u2019 to function as \u2018Jury of Peers\u2019 of a person mandatorily committed to stand trial at the \u2018Criminal Assizes,\u2019 or those opting to be so tried by a \u2018Judge\u2019 without \u2018Jury.\u2019 This \u2018Branch\u2019 decides upon both; (i) \u2018Administrative; and (ii) Legislative Policies.\u2019 Slave to the \u2018Executive\u2019 has been the \u2018Legislature.\u2019 Rational or irrational, this \u2018Branch\u2019 gives \u2018Executive Policies,\u2019 legal effect, while the apparent \u2018Culturally-slavish Judiciary,\u2019 interprets the \u2018Mischiefs Aimed by Parliament.\u2019<\/p>\n

REALM OF LAW<\/p>\n

Equally as much as it has been within the \u2018Police Service, citizens will have also seen as many \u2018Crass; Crocks and Cretins\u2019 within the institutions for \u2018Criminal Justice.\u2019 These terms, as they relate to the system for \u2018Social Control,\u2019 speak to the troubling issue of the \u2018Abuse of Power and courses of action taken outside the \u2018Realm of Law.\u2019 The citizenry, most affected by indigency and illiteracy, were widely seen as the ones being often victimized by such abuse.<\/p>\n

GREED AND NECESSITY<\/p>\n

As it affects \u2018Acquisitive Crimes,\u2019 the author\u2019s professional Law enforcement view, has always been; \u2018Outside of \u2018Human Greed,\u2019 and except forced by \u2018Absolute Necessity,\u2019 that has invariably influenced scant regard to respect for \u2018Law,\u2019 there may be no way of legitimately \u2018earning\u2019 anything, but through the acquisition of knowledge.\u2019 Since \u2018Knowledge is Power,\u2019 none shall be given \u2018Power and Position\u2019 without \u2018Knowledge.\u2019<\/p>\n

FIRST ORDER OF KNOWLEDGE<\/p>\n

Guided by the \u2018Constitution Order,\u2019 no \u2018Statute Law\u2019 shall be seen as being at variance with the \u20185-Founding Constitutional Principles,\u2019 or inconsistent with the \u2018Constitution.\u2019 Civic-mindedly, if it means \u2018Empowerment,\u2019 then learning shall be the \u2018First Order of Knowledge.\u2019 The Civic-minded and advocacy group, \u2018ABCRE,\u2019 advises; \u2018Know your Constitution, earn your \u2018Freedom.\u2019 Dedicated to \u2018ABCRE.\u2019<\/p>\n

SUPREME LAW<\/p>\n

It appeared that when \u2018Parliamentarians\u2019 subjected legal practitioner \u2018Harold Lovell et al,\u2019 to deprivation of \u2018Right to Jury Trial,\u2019 they may not have remembered the constitutional provision that speaks to \u2018Supreme Law.\u2019 This provision states; (a) \u2018The Constitution is the \u2018Supreme Law of Antigua and Barbuda; (b) If any other Law is inconsistent with this Constitution; (c) This Constitution shall prevail; and (d) To the extent of the inconsistency, the other Law shall be void\u2019 [CO: 1981: Section 2]. It appears that it is not only sufficient to know this, but to cause visitations by the \u2018Judiciary,\u2019 when \u2018Inconsistencies\u2019 were observed.<\/p>\n

NATURAL JUSTICE: RIGHT TO BE HEARD<\/p>\n

The deprivation of the right to \u2018Trial by Jury of Peers\u2019 could see many accused persons harboring grievances of being denied \u2018Natural Justice.\u2019 The jurisprudence within the \u2018Commonwealth Community, recognizes this principle as the \u2018Right to be heard.\u2019 Conventionally, it allows for lay-persons indicted for acts of criminality, to be heard by a \u2018Jury\u2019 reasonably considered to be their peers. Impliedly, the \u2018Legislators\u2019 have said to \u2018Judges; \u2018We have enacted the \u2018Criminal Proceedings (Trial by Judge Alone) Act,\u2019 and as Judges, it is expedient that as \u2018Judge and Jury,\u2019 you shall enforce the provisions contained therein.<\/p>\n

PROSECUTE AND APPEAL<\/p>\n

As it affects \u2018Decisions\u2019 of \u2018Judges\u2019 in \u2018Juryless Trials,\u2019 looking at the \u2018Legislative Branch of Governance,\u2019 it has impliedly said to \u2018Criminal Prosecutors; (i) \u2018There are some people that have been accused of \u2018Fraudulently Converting\u2019 certain Government property to their own use; (ii) You shall try them without a \u2018Jury; (iii) Their innocence or guilt resides with you.\u2019 Then the \u2018Legislators\u2019 have said to the \u2018Director of Public Prosecutions (DPP);\u2019 (iv) You shall prosecute on behalf of the public through the \u2018Criminal Prosecutions Service (CPS).\u2019<\/p>\n

GROSSLY INEFFICIENT APPELLATE PROCESS<\/p>\n

The \u2018Legislators\u2019 continued; (v) \u2018Any \u2018Judge\u2019 that found any accused person; (a) \u2018Not Guilty; or (b) Ruled No Case to Answer,\u2019 you shall \u2018Appeal\u2019 such decisions [Section 9]. Now, contrary to the views reportedly expressed by \u2018Chief Justice, Her Ladyship, Dame Janice Pereira DBE,\u2019 this \u2018Mode of Trial\u2019 appears far more inefficient and time consuming, than with \u2018Trial by Jury.\u2019 Compounding these, has been an apparent \u2018Grossly Inefficient Appellate Process.\u2019<\/p>\n

WANT OF APPELLATE HEARINGS<\/p>\n

For instance, while \u2018Appellate Notices\u2019 were reportedly filed by the \u2018DPP,\u2019 documentation necessary to prompt timely \u2018Appellate Fixtures\u2019 for hearing, were either not filed, or not served on the eagerly expected respondents. On a short list, for \u2018Rulings Unfavorable to the DPP,\u2019 those that have been in \u2018Want of \u2018Appellate Hearings,\u2019 have been; (i) \u2018The Wilmoth Daniels; (ii) Harold Lovells; (iii) Harry Josiahs; and (iv) Jacqui Quinns.\u2019 They had indictments filed against them for alleged public indiscretions [2014].<\/p>\n

APPELLATE NOTICES: FIXTURED HEARINGS<\/p>\n

Incidentally, the \u2018DPP\u2019 who prosecutes on behalf the public, has reportedly filed and served \u2018Criminal Appeals Notices.\u2019 Disconcertingly, the \u2018Respondents,\u2019 has seen no follow-through with the \u2018Filing\u2019 of the pertinent documentation. Such process was a pre-requisite in facilitating a \u2018Fixtured Hearing\u2019 by the \u2018Eastern Caribbean Supreme Court (ECSC).\u2019 Some ten years after, there has been no prosecutorial closure. Likened to the respondents, there have reportedly been scores of others, that have experienced \u2018Inordinate Systemic Trial Delays.\u2019<\/p>\n

SYSTEMIC TRIAL DELAYS<\/p>\n

The widely reported \u2018Ray John and Shakema Charles Trial,\u2019 has been a Case that appeared to have been afflicted by an apparent malady of \u2018Systemic-Trial Delays.\u2019 Instructively, the aborted \u2018Judge Alone Trial,\u2019 began some \u2018six years after\u2019 being jointly-indicted on \u2018Conspiracy to Commit Passport Forgery\u2019 [2018 to 2024]. It could be said without contradiction, that the apparent staff-wearied and\/or a seemingly overwhelmed office of the \u2018DPP,\u2019 might very well be need or yearning for an injected thrust of; (a) \u2018Prosecutorial; and (b) Appellate energy.\u2019<\/p>\n

MEDIOCRITY TO INCOMPETENCY<\/p>\n

That said, not for the first time the \u2018Judiciary\u2019 and its affiliate institutions and systems, concerned with the \u2018Administration of Justice\u2019 have all come under public scrutiny. General public will have seen persons holding \u2018Privilege Positions\u2019 in some institutions as functionally impotent. Yet, many have been seen continuously exhibiting performances bordering \u2018Mediocrity to Incompetency. \u2018Those charged with collective responsibility, have all heard the incessant public cries. These, however, have been vainless. There has been little respite to those affected by courses of action, or decisions considered adverse to the public interests.<\/p>\n

DICTATES OF LAW<\/p>\n

As it affects \u2018criminal prosecutions, it has never been the duty of accused persons to prove their innocence. Thus, \u2018Trial Judges,\u2019 possessing the requisite adjudicating skills. are judicially-bound ensure that \u2018Criminal Prosecutors,\u2019 adduce evidence that goes \u2018Beyond Reasonable Doubt.\u2019 Such shall be capable of bringing about \u2018Guilt or Innocence.\u2019 That which may have evaded the knowledge of \u2018Her Ladyship\u2019 may have been the constitutional provision that commands the \u2018State\u2019 and its \u2018Criminal Prosecutors\u2019 to subject themselves to the \u2018Dictates of Law.\u2019<\/p>\n

UNIVERSAL JUDICIAL PRACTICE<\/p>\n

Interestingly, this nation\u2019s \u2018Jurisprudence\u2019 has not only been derived from \u2018British Jurisprudence,\u2019 but also a credible \u2018Universal Judicial Practice.\u2019 Research has shown that in; (a) England; and (b) Wales,\u2019 As it relates to trial at the \u2018Criminal Assizes,\u2019 for offences with an imposable \u2018Custodial Sentence\u2019 exceeding \u2018Six Months,\u2019 the accused person enjoys and reserves the right to \u2018Trial by Jury\u2019 [Wikipedia]. Even with the optional \u2018Judge Alone Mode of Trial,\u2019 for Cases not listed in the \u2018Schedule,\u2019 every accused person reserves the right to be tried by a \u2018Jury of Peers.\u2019<\/p>\n

UNCONVENTIONAL MODE OF TRIAL<\/p>\n

Mindful of the fundamental rights and liberties of the individual, \u2018His Lordship,\u2019 in boldness, yet holding contrary views, discouraged its adaptation in other regional jurisdictions. His Lordship saw the \u2018Unconventional Mode of Trial,\u2019 as moving backward into \u2018Judicial History.\u2019 Moreover, the learned Justice not only saw this \u2018Mode of Trial\u2019 as depriving accused persons against electing to be so tried, but as \u2018Travesty-Prone.\u2019 This was when he urged public administrators and the citizens of the \u2018Commonwealth of Dominica,\u2019 not to support such \u2018Mode of Trial\u2019 [Loop: July 21, 2023].<\/p>\n

RATIONALE AGAINST \u2018JAT\u2019<\/p>\n

A \u2018Chief Justice,\u2019 whether or not, on or vying for extended tenure, shall know that; (a) The \u2018Judiciary; and (b) Judge Alone Mode of Trial,\u2019 have seen several \u2018State-rejected \u2018Jury-Judge-Decisions.\u2019 \u00a0Had \u2018Her Ladyship,\u2019 visited this jurisdiction to ascertain the efficiency and effectiveness of this \u2018Mode of Trial,\u2019 the learned \u2018Dame, Janice Pereira,\u2019 may have understood \u2018His Lordship, Justice Thomas W. R. Astaphan Rationale.\u2019 He supports no advocacy for such \u2018Mode of Trial\u2019 to be widely practiced within the \u2018Eastern Caribbean Supreme Court (ECSC) Jurisdictions.\u2019<\/p>\n

JURY OF PEERS: LEGISLATIVELY PROGRAMMED<\/p>\n

Even without reading this commentary, \u2018Judges\u2019 shall know that they have been \u2018Legislatively Programmed\u2019 to function as \u2018Jury of Peers\u2019 of accused persons, in \u2018Criminal Assize Trials\u2019 that; (a) \u2018They have singularly conducted; (b) Being \u2018Judges\u2019 of Facts: (c) Judges of Law: (d) Entertaining legal submissions; (e) Entertaining objections on admissibility or inadmissibility of evidence; (f) Holding Voir dire; and (f) Making informed judicial rulings or over-rulings\u2019 [Section 7: Criminal Proceedings (Trial by Judge Alone) Act: No. 8 of 2021].<\/p>\n

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REPRESENTATION: JUDICIARY\/SOCIETY: *****<\/p>\n

Justices that feigned ignorance of knowledge that: \u2018Judges represent the State and \u2018Arm of Governance,\u2019 through the \u2018Judiciary,\u2019 are, in fact; (i) \u2018Functionaries of State; while (ii) Juries are Peers of the accused.\u2019 They cannot represent the Judiciary and the Society. They run the risk of being seen more as \u2018Squares\u2019 than Peers.\u2019 Being appointed representatives of the \u2018Judicial Arm of Governance,\u2019 appeared to have made them functionally-subservient.<\/p>\n

UNCHALLENGED AND UNDAUNTED<\/p>\n

The eminent and most venerable \u2018Justice,\u2019 appeared more in touch with that obtains in \u2018ECSC Jurisdictions,\u2019 more than many of his counterparts. Rationalizing his position, he posited that; (a) \u2018The Judicial system is a democratic one; (b) The Criminal Justice System cannot work without the Jury; (c) That Jurors are the most important part of the system; (d) Jurors represent the community; and (e) No Judge can represent the community.\u2019 The \u2018Learned Justice,\u2019 exercising a fundamental right of free speech, remains undaunted and Unchallenged.\u2019<\/p>\n

INTELLECTUAL ELITES<\/p>\n

To lay persons, \u2018Judges\u2019 have never been seen as \u2018ordinary people.\u2019 Institutionally, intellectually and socially, they have been isolated from the average person in the society. They are not considered indigent. They are monthly-remunerated professionals. Neither do they reside in depressed communities, or on the periphery of City dwellers. In fact, with \u2018Law Degrees\u2019 behind their names, they are considered among the \u2018Intellectual Elites.\u2019 Thus, it may befuddle minds to harbor beliefs, that when \u2018Judges\u2019 sit at \u2018Judicial Bar\u2019 as; (a) \u2018Members of the Judiciary; and (b) As a \u2018Branch of Government,\u2019 they represent the interest of the community.<\/p>\n

BRIDGING SOCIAL GAP<\/p>\n

Given the respectability accorded their judicial status, practice and customs, stretching the imagination beyond the \u2018Court Room,\u2019 should a \u2018Judge\u2019 be seen somewhere in a \u2018Cozy Corner,\u2019 with the noblest of intentions, yet socializing, know that such \u2018Judge\u2019 could never be considered to have been socializing with his\/her \u2018Peers.\u2019 Should a \u2018Judge\u2019 be seen fraternizing in public, or seen at a community \u2018Bar,\u2019 know that such \u2018Judge,\u2019 could never be said to be seeking to \u2018Bridge the Social Gap\u2019 between the \u2018Judiciary\u2019 and members of the community. Be it socially or intellectually, they \u2018Judges\u2019 are not \u2018Peers\u2019 of anyone, neither at the \u2018Judicial Bar,\u2019 nor a \u2018Pool Bar.\u2019<\/p>\n

INSULATED AND ISOLATED<\/p>\n

Ever since the enactment took operational effect, street discussions; quiet Court Room whispers and open media debates continue to rage on. The end of the \u2018Covid-19 Pandemic,\u2019 heard members of the legal fraternity, as well as one member of the Judiciary,\u2019 advocating its repeal and urging non-adaptation of the contentious and vexatious \u2018Juryless Mode of Trial.\u2019 The very status and judicial functions, have not only \u2018Insulated\u2019 their \u2018Lordship and Ladyship,\u2019 but also \u2018Isolated\u2019 them from members of the wider community. Such had been societally- recognized, long before the fictionalized status of \u2018Jury.\u2019<\/p>\n

FARCE OF A TRIAL<\/p>\n

Except television programming and street commotions, and except businessman \u2018Eugene Matthew \u2018Mighty Sparrow,\u2019 very few people may have witnessed real life \u2018Court Room Dramas.\u2019 If there was to be anything called \u2018Fiasco,\u2019 this may not even have been observed at the \u2018Sports complex called \u2018Yasco,\u2019 nor at \u2018EP Chet Green\u2019s\u2019 Liberta-business complex called \u2018Ya-So-So.\u2019 Though not necessarily a \u2018Fiasco, in the \u2018Ray John\/Shakema Charles Conspiracy Trial,\u2019 general public now know that a \u2018Judge Alone Trial,\u2019 was seen as \u2018Farce\u2019 [March 5, 2024].<\/p>\n

DRAMATIC CONFUSION<\/p>\n

There have been reports of \u2018Dramatic Confusion,\u2019 as there were; (a) \u2018Legal objections; (b) Submissions; and (c) Over-rulings\u2019 in the \u2018Ray John\/Shakema Charles Trial.\u2019 An apparent administrative glitch and prosecutorial blunder, were said to have been the cause. Neither the accused, nor \u2018Defence Attorneys; (i) \u2018Hugh Marshall Jr; and (ii) Michael Archibald\u2019 pulled of a stunning trick on the \u2018Court.\u2019 Submitting and advancing jurisdictional arguments to \u2018Eminent Criminal Assize Judge, His Lordship, Justice Tunde Ademola Bakre,\u2019 may have been likened to \u2018Rolling Thunder.\u2019<\/p>\n

PRE- TRIAL: FORMALITIES<\/p>\n

Prosecutorally, in the \u2018Judge Alone Trial of; (i) \u2018Assistant Superintendent of Police, Ray John; and (ii) Passport office employee, Shakema Charles,\u2019 it appeared that the \u2018Statutory Pre-Trial Formalities\u2019 were never completed. The Law stipulates that \u2018Accused\u2019 persons shall; (a) \u2018Fill in, sign with their Attorneys also signing; (b) File with the \u2018High Court Registrar\u2019 the \u2018Consent Confirmation Certificates; and (c) Serve Copies on the Director of Public Prosecutions (DPP)\u2019 [CPTJAA: No.8 of 2021: Sections 5].<\/strong><\/p>\n

OTHER FORMALITIES<\/p>\n

More fundamentally, the \u2018Modes of Trial\u2019 that shall be put to the accused persons are; (i) \u2018Judge and Jury; and (ii) Judge Alone.\u2019 Then; (ii) \u2018The Court shall make an Order as to \u2018Mode elected; and (iii) Hold \u2018Case Management Conference.\u2019 This \u2018Formality\u2019 allows for; \u2018All parties to carefully consider whether or not the contents of a \u2018Witness Deposition,\u2019 are agreed upon, in which case the physical attendance of a witness at trial, will ordinarily be unnecessary\u2019 [Section 12 (7)]. Defence Attorneys, \u2018Hugh Marshall Jr.; and (ii) Michael Archbald\u2019 appeared to have been well familiar with the provisions.<\/p>\n

KNOWLEDGEABLY PREPARED<\/p>\n

Clearly, the \u2018Defence Attorneys\u2019 appeared to have been \u2018Knowledgeably Prepared.\u2019 That which \u2018Court officials and Criminal Prosecutions Service Prosecutors,\u2019 appeared not to have shown familiarity were; (a) \u2018At the first hearing after an indictment has been filed, the \u2018Trial Judge\u2019 shall inform the accused person that he\/she may elect to be tried by; (a) \u2018Judge and Jury: or (b) By a Judge sitting without a Jury; and (c) The Court shall make an Order for the accused persons to be so tried\u2019 [CP(TJA) Act: Sections 5 (2) and (4)]. Jurisdictionally, the \u2018Trial\u2019 was ruled a nullity [March 5, 2024].<\/p>\n

UNEASE AND UNCERTAINTY<\/p>\n

In complete stillness of \u2018Court No. 2,\u2019 the \u2018Judge Alone Trial\u2019 was presided over by \u2018Trial Judge, His Lordship, Justice Tunde Ademola Bakre.\u2019 On trial were two- jointly-indicted co-conspirators; (i) Ray John; and Shakema Charles.\u2019 They sat pensively in a state of quietude. Yet with expected \u2018Unease and Uncertainty,\u2019 they listened as the \u2018Conspiracy Trial\u2019 continued. Half-way through the proceedings, thunder rolled; The earth tremored, and unnervingly, the \u2018Halls of Justice\u2019 shook.<\/p>\n

PROSECUTORIAL ESCAPADE<\/p>\n

Though jolted, the \u2018His Lordship,\u2019 evidently unfamiliar with the enactment, never sought to bring the \u2018Judiciary\u2019 into disrepute. He listened attentively to legal and counter-legal submissions. The latter were advanced by \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens.\u2019 The \u2018Criminal Prosecutor\u2019 appeared to have unpreparedly ventured on a \u2018Prosecutorial Escapade,\u2019 that had posed grave difficulties in navigating. Likened to an aircraft in flight, she had encountered as much \u2018Legal Turbulence,\u2019 occasioned by the \u2018Defence Team.\u2019<\/p>\n

POINTS OF LAW<\/p>\n

Though not necessarily the language of \u2018His Lordship,\u2019 conceding on legal arguments advanced by the \u2018Defence Team,\u2019 and taking \u2018Judicial Notice of Points of Law,\u2019 that the criminal proceedings of; (a) \u2018Prosecution; and (b) Adjudication,\u2019 were not compliant with the \u2018Act,\u2019 the \u2018Court\u2019 on its own volition, proceeded on a 48-hour adjournment.\u2019 Then upon resumption, and guided by \u2018Legal Prudence,\u2019 and the statutory provisions contained in the related enactment, \u2018His Lordship,\u2019 nullified the half-completed \u2018Judge Alone Trial.\u2019<\/p>\n

ABORTED TRIAL<\/p>\n

The legal arguments advanced by the \u2018Defence Team,\u2019 appeared to have overwhelmed the thinking of the \u2018His Lordship.\u2019 Less obvious, yet for better understanding of the provisions, the \u2018Trial Judge,\u2019 sought to navigate his way through the enactment. The \u2018Court\u2019 was forced to take \u2018Judicial Notice\u2019 of the non-compliant with the \u2018Pre-Trial Formalities,\u2019 and wisely nullified the half-way trial. Forced to give favorable consideration to a \u2018Non-Jurisdictional Submission,\u2019 likened to an unwanted pregnancy the trial was aborted [March 5, 2024].<\/p>\n

TILTED TOWARDS TRAVESTY<\/p>\n

The \u2018Defence,\u2019 in magnitudinally seismic terms, as for; (a) \u2018Earth; and (b) As with the once economic state of the nation, the \u2018Submissions\u2019 may have been equated to a \u2018Category-5\u2019 [Finance Minister: Harold Lovell: 2004 – 2014]. The \u2018Scales of Justice,\u2019 were seen to have \u2018Tilted Towards Travesty.\u2019 This was when two of three \u2018Fictionalized Depositions of potential witnesses for the Prosecution, either for; (i) \u2018Lonzel Jones; (ii) Geraldo James; or (iii) Ezra Lampkin-Cruickshank,\u2019 were permitted to be read into the proceedings by \u2018Woman Sergeant, Virlica Chatham.\u2019<\/p>\n

26-STATUTES: A-Z<\/p>\n

Intriguingly, the \u2018Legislators\u2019 have identified some \u201926-Statutes (A-Z).\u2019 These provide for persons indicted for an indictable offence, shall be tried by a \u2018Judge Alone\u2019 [Section 4]. Such persons are not required to fill in, and file with the \u2018High Court Registrar,\u2019 and serve a copy of the \u2018Consent Confirmation Certificate\u2019 on the \u2018Director of Public Prosecutions\u2019 [Section 5]. \u00a0This has not been the case for the jointly-indicted co-conspiracy accused, \u2018Ray John and Shakema Charles.\u2019 The \u2018Legal Troubles\u2019 of the \u2018Accused\u2019 began when the nation\u2019s television and radio stations, sensationally broke the news [ABS: Tv\/Radio: April 14, 2018].<\/p>\n

LEGAL TROUBLES<\/p>\n

The \u2018Legal Troubles\u2019 of the \u2018Accused\u2019 began when the nation\u2019s television and radio stations, sensationally broke the news [ABS: Tv\/Radio: April 14, 2018]. Even so, it came from the officially-authored \u2018STRATCOM Police Press Release.\u2019 It states; \u2018The Police have now charged; (i) \u2018Ray Anthony John 47; and (ii) Yvonne Nickie 63 with 5 counts of \u2018Conspiracy to Forge Antigua and Barbuda Passport and (iii); John was also charged with \u2018Larceny.\u2019 The allegation was that they have \u2018Conspired to Forge Passports.\u2019 Yet to be proved at trial, such allegation appeared potentially injurious to the nation\u2019s \u2018Citizen by Investment Programme (CIP),\u2019 and by extension, derivative economic benefits.<\/p>\n

STREET SMART<\/p>\n

The accused, \u2018Ray Anthony Dexter John,\u2019 possesses no; (a) \u2018Law; or (b) Pastoral Degrees.\u2019 As a crime-fighter, he was as \u2018Street-Smart.\u2019 He has always been seen as dedicated to Law enforcement. He showed a resolve in keeping in check, those that have been disruptive to society. He was feared by those with the intention to disrupt community life, as they sought to dispossess the defenceless, hapless and vulnerable citizens. That which; (i) \u2018High Court Registrar, Cecile Hill\u2019 possess was a legitimately-earned Law Degree; (ii) That which Deputy High Court Registrar, Kayode O\u2019Marde possess, was a \u2018Law Degree.\u2019<\/p>\n

SMARTNESS OR METHODOLOGIES<\/p>\n

Likened to those that shall interface with the \u2018Judiciary,\u2019 that which \u2018Acting Director of Public Prosecutions (DPP), and Head of the \u2018Criminal Prosecutions Service (CPS), Shannon Jones-Gittens, possess, was also a \u2018Law Degree.\u2019 Whether or not, it was the \u2018Street Smartness or Methodologies\u2019 used in his crime fighting exploits, though no \u2018heat\u2019 was generated from \u2018Brownie\u2019s Bread and Pastry Ovens,\u2019 robbers kept far away. Criminals feared the name \u2018Ray John,\u2019 than they were fearful of a \u2018Doberman.\u2019<\/p>\n

HOPE FOR TOMORROW<\/p>\n

Loved and despised, still, he was appreciated and revered by the overwhelming, but silent majority. He had traversed where even \u2018Angels\u2019 feared. Yet for a small minority, they wanted the \u2018Wrath of God and Man\u2019 to descend upon him. Those were the ones, mostly seen as \u2018Blissed in Ignorance.\u2019 His no-nonsense-approach to crime-fighting, was incomparable. He had brought peace of mind and \u2018Hope for Tomorrow.\u2019 Likened to members of the wider society, many within the \u2018Police Service,\u2019 had not the slightest clue of his right to the constitutional \u2018Presumption of Innocence\u2019 [CO: 1981: Section 15].<\/p>\n

STRATCOM PRESS RELEASE<\/p>\n

Even so, it came from the officially-authored \u2018STRATCOM Police Press Release.\u2019 It states; \u2018The Police have now charged; (i) \u2018Ray Anthony John 47; and (ii) Yvonne Nickie 63 with 5 counts of \u2018Conspiracy to Forge Antigua and Barbuda Passport and (iii); John was also charged with \u2018Larceny.\u2019 The allegation was that they have \u2018Conspired to Forge Passports.\u2019 Yet to be proved at trial, such allegation appeared potentially injurious to the nation\u2019s \u2018Citizen by Investment Programme (CIP).\u2019<\/p>\n

DERIVATIVE ECONOMIC INTEREST<\/p>\n

Most importantly, will have been, not only the impact on \u2018Derivative Economic Benefits,\u2019 but also on foreign travel. That which was at stake was the integrity of the nation\u2019s sought-after travel document.\u2019 Consequently, members of the international community, will have been monitoring the developments with keen interest. From these perspectives, it would have been considered both na\u00efve to harbor other thoughts, and irresponsible not to be seen as initiating actions that seek to protect the integrity of an unconventional revenue stream.<\/p>\n

LEGISLATIVELY EXPLOITED<\/p>\n

Respecting \u2018Judge Alone Mode of Trial,\u2019 outside their conventional role, there were those that still hold the view, that the legislative initiative was an intellectually silly initiative. That which \u2018Judges\u2019 may now see or reckless not to have known, was that they have been \u2018Legislatively Exploited.\u2019 Even sillier, would be the \u2018Judges\u2019 that continue to harbor belief that they are \u2018Peers\u2019 of accused person.<\/p>\n

POLICE SERVICE: SPIRITUALLY\/SECULARLY<\/p>\n

This shall be the juncture where the leadership of the \u2018Police Service\u2019 shall have been looked at in both; (i) \u2018Spiritually; (ii) Secularly.\u2019 That which shall be understood, is that \u2018Police Services\u2019 are not, and has never been \u2018Seminaries.\u2019 From a \u2018Secular Perspective,\u2019 and \u2018Without Prejudice,\u2019 no \u2018Church Pastor\u2019 shall be a \u2018Commissioner of Police.\u2019 Conversely, no \u2018Commissioner of Police,\u2019 shall be a \u2018Church Pastor.\u2019<\/p>\n

IDOLIZING SATAN<\/p>\n

None may serve \u2018God,\u2019 and should they become angry with \u2018Him,\u2019 he\/she run to \u2018Idolize Satan.\u2019 Universally, it was never known that \u2018Church Pastors\u2019 ever managed \u2018Police Services.\u2019 That which was known was that on the \u2018Pulpit,\u2019 the \u2018Spiritualists were not only known as \u2018Pastors\u2019 of some Faith,\u2019 but also \u2018Preachers\u2019 of the Gospel.\u2019 That which the \u2018Spiritualists\u2019 shall know is that there shall be no \u2018Divided Allegiance,\u2019 between God and the devil. Law enforcers that became \u2018Spiritualists and Church Pastors,\u2019 whether in or out of uniform,\u2019 their professional calling remains \u2018Law Enforcement.\u2019<\/p>\n

MEN OF CLOTH<\/p>\n

Secularly, in service-oriented organizations as \u2018Police Services,\u2019 there are the \u2018Commissioners of Police.\u2019 Situationally, irrespective of competence, an officer trusted by the environment, might be appointed in an \u2018Acting\u2019 position to be Commissioner.\u2019 Among the membership are usually \u2018Men of Cloth.\u2019 They are supposedly representatives of \u2018God.\u2019 In the \u2018Uniform,\u2019 they are Law enforcers. Many are not only seen as \u2018Treacherous and Evil,\u2019 but also wicked as the devil.<\/p>\n

SPIRITUALLY-SQUEAKY-CLEAN<\/p>\n

This has not been the case of \u2018Deeper Life Church Pastor and Acting Commissioner of Police, Everton Jeffers.\u2019 As a \u2018Spiritualist,\u2019 he appears \u2018Spiritually-Squeaky-Clean.\u2019 There was evidence of admirable qualities. Morally and ethically, he was expected to do that which was right and just. Anything evil, or so given the appearance, he was expected to shun it. In his several tenures of \u2018Acting Commissioner of Police,\u2019 and in religious capacity as Church Pastor, \u2018Everton Jeffers\u2019 may have seen the \u2018Good; Bad; Ugly; and Indifferent.\u2019<\/p>\n

PASTORAL GOWN<\/p>\n

It has been the suggestion that no matter the denomination or how white may be the \u2018Pastoral Gown,\u2019 no \u2018Police Service\u2019 should be led by \u2018Church Pastors.\u2019 In the case of the latter, infrequently, that which they were called upon to preach to congregations, was never the preaching to secular organizations. While it may not necessarily have been a \u2018Lord-Inspired Prayer,\u2019 and not the \u2018Prayer\u2019 of previously indicted and recently arrested accused \u2018Ray John\u2019 for allegedly \u2018Receiving 21- System Infilling Passport Patches\u2019 [March 15, 2024].<\/p>\n

EDIFICATION TO PLOICE SERVICE<\/p>\n

While most \u2018Church Pastors,\u2019 were known to have acquitted themselves spiritually-well, many were known to have been a shade eviler,<\/strong> than the devil. The calling and functions of; (a) \u2018Church Pastor; and (b) Commissioner of Police,\u2019 are clearly not the same. Scripturally, those professing \u2018Christianity\u2019 or dressed up in \u2018Holy Cloth,\u2019 appear more useful in bringing \u2018Edification to the Polce Service,\u2019 particularly, those grievously affected by; (a) \u2018Cronyism; (b) Nepotism; (c) Insularity; and (d) Systemic victimization.\u2019<\/p>\n

EGREGIOUS SECULAR ACTS<\/p>\n

Many \u2018Church Pastors,\u2019 were said to have committed \u2018Egregious Secular Acts\u2019 against congregants and by extension, the \u2018Christian and \u2018Secular\u2019 communities. The Case of \u2018\u2018Assistant Superintendent of Police, \u2018Ray John,\u2019 vividly makes the point. \u00a0Inescapably, set-up for the snatch from the premises of the \u2018High Court of Justice,\u2019 effortlessly, after being nabbed, he was scurried off to the \u2018Langford-headquartered Serious Crime Unit (SCU).\u2019<\/p>\n

TREACHEROUSLY NABBING RAY JOHN<\/p>\n

That which \u2018Acting Commissioner, Everton Jeffers\u2019 may have gravely lacked, may have been an ability in understanding that \u2018criminal prosecution was conducted in the \u2018Court Rooms,\u2019 while the \u2018Gospel\u2019 was preached from \u2018Church Pulpits\u2019 or in \u2018Open-air\u2019 gatherings. In a suspected deceitful organized wait at the \u2018High Court of Justice,\u2019 with the inconspicuous presence of \u2018three Subordinate Police officers and apparent delayed-arrival of their superior \u2018an Assistant Superintendent,\u2019 were all it took for \u2018Treacherously Nabbing Ray John.\u2019<\/p>\n

RECEIVING STOLEN PROPERTY<\/p>\n

The methodologies, used saw the entrapping of the \u2018Gazetted Police officer.\u2019 Had it been for reasons unrelated to an act of criminality, the \u2018Assistant Superintendent\u2019 may very well not complain of being held against his will. It was for no other reason, but an allegation that he had \u2018Receiving Stolen Property of 217 Passport Patches\u2019 [2018]. That which may be troubling to \u2018Crown Prosecutors,\u2019 may be proving the principal statutory offence of \u2018<\/strong>Larceny\u2019 and that \u2018Ray John received them from the thief\u2019 [Chapter 241].<\/p>\n

POLICE CHAPLAINRY<\/p>\n

This could never have occurred without; (a) \u2018The pre-planned knowledge; and (b) operational concurrence of \u2018Church Pastor\/Acting Commissioner of Police, Everton Jeffers.\u2019 Given the stress often associated with the functions of \u2018Police officers,\u2019 invariably, they were in constant need of \u2018Spiritual Respite.\u2019 Where a \u2018Police Chaplainry,\u2019 so exists in a \u2018Police Service,\u2019 and where out of expediency, more than professional competency, \u2018Church Pastor\/Gazetted Police officers\u2019 appear more suited for the \u2018Police Chaplainry,\u2019 than being entrusted with managerial positions.<\/p>\n

ORGANIZATIONAL TREACHERY<\/p>\n

It has been a provoked response by those that shall be punished for \u2018Organizational Treachery.\u2019 This was said to be a \u2018Prayer\u2019 <\/strong>for justice and fair play. \u2018Forgive them not \u2018Lord,\u2019 for they know exactly what they have done; Punish them for their treacherous behavior and acts of evil.\u2019 In some secular organizations, there were no members more dangerous than those holding dual-positions. In the \u2018Faith-based organizations, they are; (i) \u2018The Church Leaders and Pastors.\u2019 Que-Sera-Sera.\u2019<\/p>\n

CHAMBER-INCUBATED<\/p>\n

Here, it shall be said that no \u2018Police Service\u2019 shall ever be used as a \u2018fa\u00e7ade\u2019 in covering-up, neither administrative or prosecutorial blunders by \u2018Heads\u2019 of any public institution. This will have occurred when an apparent \u2018Chamber-Incubated Sinister Plot,\u2019 hatched like chickens under hens. Guided by the investigative theory of \u2018Connivance and organizational treachery, the dispatched \u2018Letter\u2019 not only saw the arrest of \u2018Assistant Superintendent Ray John,\u2019 but also the hatching of a career-destructive plot.<\/p>\n

LIBERTY IN JEOPARDY<\/p>\n

For the \u2018Accused,\u2019 when a \u2018Letter\u2019 reportedly dispatched from the office of \u2018Acting Director of Public Prosecutions (DPP) Shannon Jones-Gittens\u2019 and directed to \u2018Acting Commissioner of Police, Everton Jeffers,\u2019 it meant that more adversities shall descend upon the accused. That was the day the individual \u2018Liberty\u2019 of a member of the \u2018Police Service and \u2018Passport office employee\u2019 was placed in \u2018Further Jeopardy.\u2019 Clearly, for purposes not of \u2018Good Fortune,\u2019 their troubles multiplied.<\/p>\n

DPP: PROSECUTORIAL PURGATORY<\/p>\n

Whether or not it was so, that which had left the \u2018DPP,\u2019 in \u2018Prosecutorial Purgatory,\u2019 was the \u2018Judge Alone Trial\u2019 of \u2018Assistant Superintendent of Police, Ray Anthony Dexter John and co-accused, Shakema Charles.\u2019 Consequent upon; (a) \u2018The aborted trial, due to scant regard to the \u2018Pre-Trial Formalities\u2019 as stipulated in the enactment; and (b) Quashing of the indictments,\u2019 that seemed to have triggered peculiar investigative developments. The \u2018High Court Records\u2019 shall show, inter alia; (a) \u2018Filed Criminal Prosecution Service (CPS) Indictments; (b) Assigned Judge Alone Trial to His Lordship, Justice Tunde Ademola Bakre.\u2019<\/p>\n

HIGH COURT RECORDS<\/p>\n

The Records shall also show that; (c) \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens,\u2019 actively conducted the criminal prosecution. The records shall further show that \u2018Defence Attorneys Hugh Marshall Jr. and Michael Archibald,\u2019 appeared respectively for the jointly-indicted accused. Properly kept. the \u2018Records\u2019 shall show \u2018Filed Indictments\u2019 for; (i) \u2018Larceny; and (ii) Conspiracy to Forge Passport,\u2019 against a fourth \u2018Co-accused, \u2018Lonzel Jones.\u2019 Guided by the several \u2018Agency Records,\u2019 they shall show that; (a) \u2018He was never arrested; (b)<\/p>\n

PECULIAR ENTRY<\/p>\n

Moreover, no \u2018Record\u2019 will ever show that he had faced committal proceedings before a Magistrate; (c) Ever served with copies of the Indictments; (d) Ever subjected to \u2018Bail Conditionalities; and (e) Never subjected to the jurisdiction of the \u2018Criminal Assize Court\u2019 [2018-2024]. The records shall further show a rather \u2018Peculiar Entry,\u2019 in which a second female was; (i) \u2018Jointly-Arrested; (ii) Charged; and (iii) Committed, but to all intents and purposes, had been; (iv) Dis-jointed from the Indictments, by discontinuance by the \u2018Acting DPP.\u2019 Lest the mind be energized by not too wayward thinking, this has been an exercisable discretionary power by the<\/p>\n

PLOT: CORRUPTIBLE AND SINISTER<\/p>\n

An apparent \u2018Corruptible and Sinister Plot\u2019 saw him being \u2018Called to the \u2018High Court of Justice.\u2019 He unsuspectingly responded for the purposes of repossessing \u2018Bail Conditionalities\u2019 of; (i) \u2018EC$20, 000, the Cash component of the \u2018EC$50, 000; and (ii) His Passport.\u2019 These were ordered to be deposited and surrendered to secure \u2018Bail\u2019 [March 15, 2024]. Then news broke of his arrest. It had not only reverberated across the nation, but also rocked the \u2018Police Service.\u2019<\/p>\n

LETTER: COURT RECORDS<\/p>\n

The recent developments in the \u2018Ray John\/Shakema Charles Case,\u2019 no \u2018Court Records\u2019 will reveal the \u2018Court official\u2019 that invited them for the purpose of retrieving the listed property. That which an \u2018Outgoing Correspondence Record,\u2019 (if any), at the Office of \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens\u2019 may show, was a \u2018Letter\u2019 purportedly authored by her to Acting Commissioner of Police, and Church Pastor, Everton Jeffers.\u2019 That which was professionally and administratively known, was an active \u2018Official Incoming Correspondence Record.\u2019<\/p>\n

THICKENED PLOT<\/p>\n

Barring deliberateness, or inefficiency; or gross negligence, the official \u2018Correspondence Records\u2019 shall reflect an entry of a \u2018Letter\u2019 received at kept at the \u2018American Road Police Headquarters.\u2019 Such would have been received at the \u2018Commissioner\u2019s Secretariat.\u2019 In breach of official-communications-protocol, it suggested a \u2018Thickened Plot.\u2019 That which it may not reflect were \u2018two Carbon Copies.\u2019 These were reportedly addressed to; (a) \u2018Figure Head of the Criminal Investigations Department (CID), Assistant Commissioner; and (b) Head of the Serious Crime Unit (SCU).\u2019<\/p>\n

ORGANIZATIONALLY TREACHEROUS<\/p>\n

Influenced by the contents of a \u2018Letter,\u2019 and at the behest of \u2018Heads of other Agencies,\u2019 two \u2018Gazetted Police officers and a Subordinate Police officer,\u2019 appeared to have done their biddings.\u2019\u00a0 This as research has shown, resulted from a clandestine operation conducted at the premises of \u2018High Court of Justice.\u2019 Having responded to a call by unidentified \u2018High Court Officials, \u2018Ray John\u2019 was \u2018Unsuspectedly Nabbed.\u2019 The methodology used, was not only \u2018Organizationally Treacherous,\u2019 but also corrupt, as it appeared devious and deceptive\u2019 [March 15, 2024].<\/p>\n

CARBON COPIES<\/p>\n

Privilege information speaks to \u2018Carbon Copies\u2019 reportedly surreptitiously slipped into the hands of; (i) \u2018Assistant Commissioner of Police, Clifton; and another \u2018Subordinate\u2019 rank; (b) Law-degreed, and among the few proficient \u2018Gazetted Police officers, Assistant Superintendent of Police Kelvin Thompson.\u2019 The dispatches necessarily meant; (a) \u2018Exploitation of the professional ignorance of the \u2018Church Pastor\/Acting Commissioner; and (b) Further discomfiture to the embattled \u2018Assistant Superintendent Ray John and co-accused, Shakema Charles.\u2019<\/p>\n

PROSECUTORIALLY- ACTIVE<\/p>\n

Scanty information suggested a \u2018Move in Desperation\u2019 on the part of \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens.\u2019 Thus, in ensuring that the criminal proceedings surrounding the \u2018Conspiracy to Commit Passport Forgery,\u2019 was kept \u2018Prosecutorally-Active,\u2019 it required collaboration with \u2018High Court officials and Acting Commissioner of Police, Everton Jeffers. Seemingly, \u2018Passport Authorities\u2019 appeared to have belatedly discovered that some \u2018217-Multi-Layered System Infilling Passport Patches.\u2019<\/p>\n

FURTHER INDIGNITIES<\/p>\n

Seemingly, as well, these may have been missing sometime in \u2018October 2014.<\/strong> Seemingly, they harbored no suspicions that the accused \u2018Ray John\u2019 had \u2018Received\u2019 them [March 15, 2024]. As the Accused were subjected to \u2018Further Indignities,\u2019 there were other options to \u2018Criminal Prosecutions Service (CPS),\u2019 and Principal legal officer, the Acting Director of Public Prosecutions (DPP)\u2019 could easily have exercised Powers,\u2019 resident in the office. Such empowers the \u2018DPP\u2019 to \u2018institute criminal proceedings against any person and against any Law\u2019 [CO: 1981: Section 88].<\/p>\n

INDICTMENTS QUASHED<\/p>\n

It appeared that the \u2018Court\u2019 may have misguided or misdirected itself, thereby made a grave adjudicating error in \u2018Quashing the Criminal Indictments.\u2019 Factually, where there was no \u2018Jurisdiction,\u2019 no authority resides in any Trial Judge to \u2018Quash any indictment filed by the \u2018DPP.\u2019 In the instant trial there was absolutely no \u2018Jurisdiction\u2019 as shall have been seen by (i) \u2018High Court Registrar, Cecile Hill; (ii) DPP Shannon Jones-Gittens; and (iii) The then newly-appointed one-month, innocent and unfamiliar \u2018Trial Judge, Justice Tunde Ademola Bakre.\u2019<\/p>\n

CERTIFICATE<\/p>\n

Ensuring that the \u2018Facts\u2019 are correctly presented, privilege information revealed this \u2018Indictment Quashing Certificate\u2019 that states; \u2018I Kayode O\u2019Marde, Deputy High Court Registrar certified that the indictments have been \u2018Quashed\u2019 By Justice Tunde Bakre and the accused have been discharged\u2019 [March 11, 2024].\u00a0 No \u2018Law Degree\u2019 was needed that if a \u2018Trial Judge; (i) \u2018Has no jurisdiction to try an Indictment; (ii) Such Judge shall have no<\/p>\n

MORE TRIALS\/TRIBULATIONS<\/p>\n

Clearly led to believe that the \u2018Indictments were Quashed,\u2019 by \u2018Judge Alone Trial Judge, His Lordship, Justice Tunde Ademola Bakre,\u2019 the Accused were made to experience \u2018More Trials and Tribulations.\u2019 The unexpected change of circumstance, came some six (6) years later. They were belatedly Arrest\u2019 for allegedly \u2018Receiving 217-System Infilling Passport Patches\u2019 [April 13, 2018].<\/p>\n

THIEF OR RECEIVER<\/p>\n

From a professional perspective, when property, as in the instant case \u2018Documents\u2019 were reported stolen, evidence shall show that such \u2018Documents\u2019 were found in the possession of an accused person. The \u2018Practice Directions\u2019 handed down to inferior Courts\u2019 shall guide the understanding of \u2018Trial Judges\u2019 that \u2018Reasonable Suspicion\u2019 shall exist. This allows for adjudicators to conclude that the accused that was found in possession of the stolen property, was either; (a) \u2018The \u2018Thief;\u2019<\/strong> or (b) The \u2018Receiver.\u2019<\/strong><\/p>\n

RECENT POSSESSION<\/p>\n

Then there is the evidential hurdle of \u2018Recent Possession.\u2019 Not even in \u2018Kangaroo Courts,\u2019 could it be considered that from \u20182014 to 2024,\u2019<\/strong> the accused \u2018Recently Possess\u2019 the stolen property. A \u2018DPP\u2019 could face prosecutorial embarrassment,\u2019 should he\/she not evidentially-positioned to prove that the property was in fact, stolen. Evidentially, fundamental to a successful prosecution is that; \u2018The stolen property was found in possession of the accused shortly after.\u2019<\/p>\n

JURY AND PRESUMPTION<\/p>\n

Though this was open to; \u2018Rebuttal,\u2019 there shall be evidence that could reasonably satisfy a \u2018Jury\u2019 and the \u2018Presumption\u2019 that the \u2018Accused either; (a) \u2018Stole;\u2019 or (b) Receive the Stolen Property.\u2019 Moreover, there shall be sufficient evidence to strengthen the \u2018Presumption\u2019 on the length of time between the \u2018Stealing\u2019 and Possession.\u2019 Additional evidence is also required to show that; (i) \u2018The accused knew or believed that the property was so obtained.\u2019<\/p>\n

PROFESSIONAL IGNORANCE<\/p>\n

The arrest of the \u2018Accused for Receiving Stolen Documents,\u2019 appeared to have exposed \u2018Professional Ignorance\u2019 in (i) \u2018Church Pastor\/Acting Commissioner Everton Jeffers; (ii) Assistant Commissioner Clifton Cabral; (iii) Assistant Superintendent Kelvin Thompson; and (iv) The docile arresting officer, Woman Sergeant Virlica Chatham.\u2019 The Prosecution shall further adduce evidence to show that; (v) \u2018The accused made no enquiries into the property suspected to have been acquired in circumstances which would put an ordinary person on enquiry; and (vi) The accused dishonestly received the property in circumstances it was received.\u2019<\/p>\n

SUBMITTING TO COURT\u2019S JURISDICTION<\/p>\n

Given previous assignment as \u2018Commandant of then Langford Police Training School,\u2019 the \u2018Acting Commissioner\u2019 shall have been better-positioned to guide his Subordinates. There were the \u2018Basic Procedural Rudiments\u2019 before depriving citizens of their individual liberties. Sorrily, they appeared not to have known that no \u2018Power of Arrest\u2019 resided with them. That which no \u2018Church Pastor\u2019 has ever read from the \u2018Scriptures,\u2019 are the ways accused persons might be compelled to \u2018Submit to the Court\u2019s Jurisdiction.\u2019<\/p>\n

WICKED WENCH – DELILAH<\/p>\n

In the instant case, no matter how daft or cretinous, no law enforcer could ever say they know not of a situational arrest that may be affected; (a) \u2018On \u2018View; or (ii) Reasonable suspicion.\u2019 Then there were the alternatives, including; (a) \u2018The issuance of a \u2018Warrant in the First Instance;\u2019 or (b) By Summons duly-issued by a Magistrate.\u2019 Clearly, the practice in \u2018Spiritualism,\u2019 shall have reminded the \u2018Acting Commissioner\u2019 of the behavior of; (i) \u2018Judas Iscariot; and (ii) The deceptive exploits of the wicked wench \u2018Delilah\u2019 [Judges: 16: 4].<\/p>\n

CHARGE OF THIRD PERSON<\/p>\n

They shall have known that the issuance of \u2018Warrants and Summons,\u2019 is most applicable to; (iii) A \u2018Charge of a Third Person.\u2019 This was particularly so, where; (a) They had not viewed the Accused committed an offence; (b) Where they had no reason to harbor suspicion; and (c) Where the Charge was \u2018Not well-founded.\u2019 In litigious proceedings, it begs the vexed question; \u2018Could either of these; (i) \u2018Gazetted officers; and (ii) The Subordinate Police officer\u2019 convince a \u2018Constitutional Court\u2019 that they had \u2018Reasonable Suspicions\u2019 on the Accused from \u20182018 to 2024\u2019 of committing the offence \u2018Receiving Stolen Property?\u2019<\/p>\n

BAIL CONDITIONALITIES<\/p>\n

Instructively, \u2018Ray John\u2019 was reportedly invited to the \u2018High Court of Justice\u2019 to retrieve and re-possess; (i) \u2018Their Passports; and (ii) Cash component of; EC$20, 000,\u2019 Somehow; (i) \u2018Acting Commissioner of Police Everton Jeffers; (ii) Assistant Superintendent of Police Kelvin Thompson; and (iii) Arresting officer, Woman Sergeant of Police Virlica Chatham\u2019 knew that the jointly-indicted accused were to be called to retrieve; (a) Their Passports; and (b) The EC$20, 000 Cash Component of the EC$50, 000.\u2019 These were previously \u2018High Court-ordered Bail Conditionalities.\u2019 Interestingly, the \u2018Unlawful Arrest\u2019 of the said \u2018Accused,\u2019 saw no \u2018STRATCOM Press Release\u2019 [March 15, 2024].\u2019<\/p>\n

SIX YEARS LATER CHARGE<\/p>\n

Subsequently, both accused \u2018Ray John and Shakema Charles\u2019 were whisked off to the \u2019Magistracy.\u2019 Both appeared before \u2018His Worship, Conliffe Clarke\u2019 on a new, \u2018Six Years Later Charge\u2019 of \u2018Receiving some 217 System Infilling Passport Patches.\u2019 This could be saying that; (i) \u2018The \u2018Commissioner of Police; (ii) Head of CID: (iii) Head of Serious Crime Unit (SCU); (iv) The Arresting Woman Sergeant; and (v) The Director of Public Prosecutions (DPP),\u2019 have all fallen asleep.<\/p>\n

DECEITFUL PLOYS<\/p>\n

The accused were granted bail with \u2018Conditionalities of; (a) \u2018EC$4, 500; and (b) Twice-weekly reporting to a Police Station\u2019 [March 15, 2024]. Though not necessarily in magnitude and gravity, it shall be recorded for posterity, that one of the most \u2018Deceitful Ploys\u2019 and \u2018Act of Treachery\u2019 ever to have been pulled off by three members of the \u2018Police Service.\u2019 The week-end saw the \u2018nabbing\u2019 of a \u2018Gazetted Police officer,\u2019 by a \u2018Subordinate Police officer.\u2019 This speaks to an unprecedented ploy in apprehending the Senior officer, reportedly following a rather unusual \u2018Letter\u2019 being dispatched to the office of \u2018Commissioner of Police.\u2019<\/p>\n

HOW INVESTIGATORS KNEW<\/p>\n

Their individual liberties were dependent upon meeting these conditionalities. Custody knowledge of \u2018Bail Conditionalities\u2019 is not necessarily limited to; (i) \u2018The \u2018DPP, Shannon Jones-Gittens;\u2019 (ii) High Court Registrar Cecile Hill; and (iii) Deputy Registrar Kayode O\u2019Marde.\u2019 The latter are the authorities to allow for re-possession by accused-depositors. Consequent upon and invitation for retrieval of the \u2018Bail Conditionalities\u2019 from \u2018High Court officials,\u2019 in wait for the nab was said to be Woman Sergeant Virlica Chatham.\u2019<\/p>\n

TESTAMENT OF COMPLICITY<\/p>\n

That which bears \u2018Testament of Complicity, was the apparent high level of secrecy and confidentiality of the contents of the \u2018Letters.\u2019 The contents, intended for, wend its way to the assigned investigator \u2018Woman Sergeant Virlica Chatham.\u2019 From a professional \u2018Investigative Theories,\u2019 it may have led to \u2018collusion between the offices of; (i) \u2018The Director of Public Prosecutions; (ii) Commissioner of Police; and (iii) High Court Registrar.\u2019 The question is; \u2018How did \u2018Investigators Know?\u2019<\/p>\n

LURE BAITS<\/p>\n

Logic dictates this possibility; \u2018The embarrassing prosecutorial blunder\u2019 needed to be deflected. Thus, the accused shall be arrested on something, or anything. The Acting Commissioner shall devise some strategy; while the docility of \u2018ASP Thompson and Sergeant Chatham\u2019 shall be exploited to full advantage. High Court officials, be it; (a) \u2018The Registrar; or (b) The Deputy Registrar, as \u2018Custodians of High Court\u2019s Bail Conditionalities of; (i) \u2018Cash-Component of EC$ 20, 000;<\/strong> and (ii) Passports\u2019 were to be the \u2018Lure Baits.\u2019<\/p>\n

HIGH COURT TRAP<\/p>\n

There shall be (i) \u2018A small contingent of personnel was to be inconspicuous at the \u2018High Court; (ii) The accused \u2018Ray John\u2019 shall be unsuspectedly lured into the \u2018High Court Trap;\u2019 and (viii) There shall be an appointed time when the accused shall be invited to re-possess the \u2018Cash Component and Travel Documents.\u2019 These, without a shadow of doubt, and without sophistication, were all that was necessary in achieving the objective.\u2019<\/p>\n

CONCLUSION<\/p>\n

The \u2018Judiciary,\u2019 with its carefully selected and appointed cadre of eminent \u2018Judges,\u2019 shall never be seen as being exploitably used. Neither shall they be seen exhibiting servile-like docility and subserviency to any legislative whim and fancy. The only \u2018Branch of Governance\u2019 that was preached by the \u2018Chief Justice\u2019 as the \u2018Bastion of Hope,\u2019 was the \u2018Judiciary and its Courts; (i) \u2018First Instance; (ii) Intermediate; and (iii) Apex.\u2019 Thus, no \u2018Trial Judge\u2019 needs any reminder of the legal principle they call \u2018Natural Justice.\u2019\u00a0 ***<\/p>\n

 <\/p>\n

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

TREACHEROUSLY LURING AND NABBING RAY JOHN RAWLSTON POMPEY Third only to (i) \u2018Acquisitive greed; and (ii) Pleasure,\u2019 though not necessarily next of kin, man\u2019s greatest delight, has been the destruction of his brother and sister. Looked at from criminal prosecutions, those charged with such responsibility, have invariably, shown scant regard to \u2018Law and the Constitutional […]<\/p>\n","protected":false},"author":3,"featured_media":196268,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-198597","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Treacherously Luring And Nabbing Ray John - 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-treacherously-luring-and-nabbing-ray-john\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Treacherously Luring And Nabbing Ray John\" \/>\n<meta property=\"og:description\" content=\"TREACHEROUSLY LURING AND NABBING RAY JOHN RAWLSTON POMPEY Third only to (i) \u2018Acquisitive greed; and (ii) Pleasure,\u2019 though not necessarily next of kin, man\u2019s greatest delight, has been the destruction of his brother and sister. 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