{"id":22944,"date":"2018-12-23T23:38:29","date_gmt":"2018-12-24T03:38:29","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=22944"},"modified":"2018-12-23T23:38:31","modified_gmt":"2018-12-24T03:38:31","slug":"commentary-yugge-farrell-victim-to-villain","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-yugge-farrell-victim-to-villain\/","title":{"rendered":"COMMENTARY: Yugge Farrell – Victim To Villain"},"content":{"rendered":"
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\u00a0\u00a0By RAWLSTON POMPEY<\/strong><\/p>

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Behaviorally,\nthere comes a time when lines of demarcation shall be drawn to guide conduct\nbordering \u2018…stupidity; …incivility or criminality.\u2019 None may deny that in\nevery walk of life or strata of society, there has been constant mental and\nphysical abuse of the sexes. Few may deny that these reflect the unpredictable\nand sometimes predictable violent nature of man. Civilized societies have not\nonly frowned this into discouragement, but also into criminal prosecutions.\nThis may have been evident by recent Court decisions across the region that saw\nthe imposition of the dreaded penalty of incarceration on those found guilty of\nthat which has been called \u2018…Spousal\nAbuse,\u2019<\/strong> now statutorily defined as \u2018…Domestic\nViolence.\u2019 <\/strong>Then there has been the unruly and disrespectful nature of man. In\nsome instances, it has been the inappropriate use of language in venting sudden\nor pent-up feelings that had provoked consternation, public outrage or had\ntriggered criminal prosecutions. Undoubtedly, the case involving former\nVincentian fashion\/model Yugge Farrell 23, speaks vividly to these. <\/p>\n\n\n\n

VICTIM OR VILLAIN<\/strong><\/p>

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Though\nnot revealed every day, the use of certain language has in fact been a secret\neveryday occurrence. Publicly, it has often caused disquiet among law-abiding\npeople. Even as public curiosity has often been excited and feelings had been\nincensed, the incident involving Vincentian-born former fashion\/model Yugge Farrell 23<\/strong> continues to dominate\nthe pages of many news portals. In the end, the defendant had been seen more of\na \u2018…Victim than a Villain.\u2019<\/strong> The\nincident had stirred emotions, thereby evoking interest across the nation and\nby extension, the region. In spite of its apparent tortuous nature and\nbackground circumstances of an alleged \u2018…adulterous\naffair with a brazen self-confessed fornicator,\u2019<\/strong> law enforcement personnel\nhad apparently failed to guide their actions in a manner consistent with a commonsense\napproach.Though the incident, in\nand by itself may not have significantly impacted negatively the public\ninterest, it was sufficient to have earned public empathy and wide media\ncoverage. <\/p>

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DIGNIFIED SILENCE<\/strong><\/p>\n\n\n\n

Good\nlaw enforcement practice may have dictated that the aggrieved party shall have\nbeen prudently advised to institute litigious proceedings for tort. Such course\nof action often saves time and public embarrassment. However, seemingly placed\nunder \u2018…severe environmental pressure,\u2019 the Police department appeared to\nhave succumbed, and initiated criminal proceedings against the defendant and\nformer fashion\/model Yugge Farrell 23[SVG: January 4, 2018]. There may be no\ndoubt that the incident involving the defendant was mired in controversy. Yet\ncertain un-denied media reports of claims attributed to the defendant were\nadvisedly accorded and\/or treated with the coined phrase \u2018…Dignified Silence\u2019<\/strong> [Prime Minister Dr. Ralph Gonsalves: IWN:\nJanuary 16, 2018].<\/p>

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VICTIM OF\nCIRCUMSTANCE<\/strong><\/p>\n\n\n\n

While the Constitution provides for the \u2018…Presumption of Innocence\u2019 <\/strong>and remains a tenet of democracy, social norm and<\/g> societal rules have given clear<\/g> public understanding that \u2018…Breaches of the Peace\u2019<\/strong> shall not only be prevented,<\/g> but also prosecuted. This has been a civil society-demand and the dictates of civil behavior. Though the alleged offender may have been seen or claimed to have been a \u2018…Victim of Circumstance,\u2019<\/strong> she may \u2018…count her blessings one by one.\u2019 Though she had not been vindicated by trial, in the face of prosecutorial and other adversities, she had victoriously walked away from a summary trial.This<\/g> came after an almost year-long embarrassing period of a single adjournment for trial<\/g> of an offence<\/g> allegedly committed on \u2018…January 2018 for trial in December 2018.\u2019 <\/p>

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DATES OF SIGNIFICANCE<\/strong><\/p>

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The\ndates of great significance<\/strong> to\nhistory and posterity, have been \u2018…January 4 and 5, 2018.\u2019 These reflect the\ndays on which the defendant was (a) …arrested and charged; and (c) …brought\nunder police escort before adjudicating Magistrate Bertie Pompey. Most notably,\nwas the female police Prosecutor Constable Corlene Samuel\u2019s, who either guided\nby instructions or by an impulsive application and an Order by then presiding\nMagistrate Bertie Pompey, caused the fashion\/model to be institutionalized at\nthe Glenn\u2019s Psychiatric Center. There she had been confined without\n\u2018…psychiatric evidence or referrals. She was subjected to a first instance two-week\nperiod under \u2018…psychiatric watch; …care and evaluation\u2019 as a person \u2018…lacking sound memory and discretion.\u2019<\/strong>\n<\/p>\n\n\n\n

ANTICIPATED PLEA<\/strong><\/p>\n\n\n\n

It\nwas obvious that the prosecution had \u2018…Anticipated\na Guilty Plea.\u2019<\/strong> Such would have eliminated a full trial and save the\nVirtual Complainant the embarrassment of giving evidence as to what had\ntranspired at her workplace on the day in question [January 4, 2018]. With such\na plea only brief facts of the case would have been presented to the Court.\nFrom professional knowledge and experience, this was another juncture where it\nappeared that further travesty\u2019 had occurred. For then, a sane defendant was\nnow considered insane after she had consciously pleaded Not Guilty to the complaint\nthen under magisterial consideration. In fact, there were more people sitting\non Bus Stops and institution benches or standing in queues or places of public\nresort who may have been considered more mentally unstable than had been the\nformer fashion\/model Yugge Farrell.<\/p>\n\n\n\n

CHARGE OF A THIRD\nPERSON<\/strong><\/p>\n\n\n\n

There\nwere two significant developments that appeared to have offended a good sense\nof judgment. These speak to (i) …an arrest effected, not as a result of what\nthe arresting officer had witnessed or heard for himself, or to prevent a\nfurther breach of the peace, but rather  \u2018…On Charge of a Third Person;<\/strong> and\n(ii) …an offence starved of gravity. These are usually determinants to an\nimmediate arrest or that which often place an officer under consideration to\nproceed alternately by way of the issuance of Summons. To all intents and\npurposes, the overzealous or docile or officers placed under compulsion to do\nthe unthinkable- resorting to arrest. Ironically, if not most disturbingly, the\n\u2018…psychiatric confinement order\u2019 that seemingly came before presiding\nMagistrate Bertie Pompey had completed entry of the defendant\u2019s \u2018…Plea of Not\nGuilty\u2019 in the record for the Notes of Evidence.<\/p>\n\n\n\n

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

From\nthat which was reported in the local, regional and international media, \u2018…Travesty\u2019<\/strong> begun at the Chambers of\nthe nation\u2019s Attorney General, where the Defendant had reportedly visited for\nthe purpose of delivering \u2018…By Safe\nHand,\u2019<\/strong> a letter purportedly authored by her to the addressee, a legal\nofficer within those Chambers and identified as \u2018…Karen Duncan-Gonsalves. Incidentally,\nshe was reported to be the lawful-wedded wife of the nation\u2019s Finance Minister\nCamillo Gonsalves [IWN: January 5, 2018]. It was then the defendant was alleged\nto have made use of language, said to be insulting to the legal officer. However,\nas the defendant sought to exit the government\u2019s premises, it was revealed that\na senior officer within the Chambers of the Attorney General directed Gate-security\npersonnel to lock her within the confines of the public premises. <\/p>\n\n\n\n

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

Advisedly,\nthe aggrieved party and eventual Virtual Complainant had reported the incident\nto the local police. Except for the defendant\u2019s confinement against her will on\nthe referred premises, and no further breach of the peace was occasioned or\nthreatened, she was immediately arrested and taken to the Kingstown Police\nHeadquarters where she was held and formally charged with \u2018…Insulting\nLanguage\u2019[IWN: January 5, 2018].\nThe apparent reactive response by the Police going only off that which was\nreported by the Virtual Complainant, speaks to \u2018…Aggravated Travesty.\u2019<\/strong> It was obvious that this was the point of\nintervention that had triggered the unfolding events of (a) …False\nimprisonment by Gate Security personnel; (b) …Detention by police; (c)\n…Arrest; (d) …Insulting Language charge; (d) …Prosecution; and (e)\n…Institutional confinement as a suspected mentally deranged defendant.\u2019<\/p>\n\n\n\n

QUESTIONABLE ORDER<\/strong><\/p>\n\n\n\n

This\nwas a very unique case with a very unique set of circumstances. Incidentally,\nthe case had borne no relationship to the often plethora of pending cases and\nthe plaguing jurisdictional issue of a \u2018…shortage of adjudicators.\u2019 Likened\nto ripples in still water, the apparent extraordinary developments and\nadjournment may have precipitated possible pending jurisdictional\nre-assignments of adjudicators within the Magistracy. Instructively, these came\nimmediately after the summary charge of \u2018…Insulting Language\u2019 was formally\nread to the unrepresented defendant by the then presiding Magistrate and the\napparent \u2018…Questionable Order\u2019<\/strong> of\nconfinement at the Glenn\u2019s psychiatric facility. While it may have been purely\ncoincidental, reasonable inferences may have been drawn that when Senior\nMagistrate Rickie Burnett took over the Kingstown Magisterial Jurisdiction from\ncolleague Bertie Pompey, this may have been among more rational considerations\nthat saw the almost instantaneous shifts within the Magistracy. <\/p>\n\n\n\n

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

In\nthe instant case, though not necessarily had been troubling to the defendant\nand her defence team, it appeared much more of a bother to the apparent\nbeleaguered prosecutor Corlene Samuel and the apparent \u2018…reasonable suspect\naction\u2019 of the then adjudicator Magistrate Bertie Pompey. In matters like\nthese, particularly as they may involve \u2018…high-profile persons,\u2019 it has often\nbecome much too painful and embarrassing to have \u2018…dirty linen washed in\npublic,\u2019 let alone in open Court.  Reasonable\ninferences may have been drawn that the \u2018…Public\nOutrage\u2019<\/strong> and widespread media coverage had saved the day for the virtual\ncomplainant. It may have been for prevailing commonsense, that she had decided\nnot to proceed with the case. This being the case, the prosecution would have\nbeen \u2018…courteously informed.\u2019<\/strong> Since\nthere was no virtual complainant to give evidence against the defendant,\nlikened to \u2018…an unwanted pregnancy,\u2019 the prosecution and trial had been\naborted.<\/p>\n\n\n\n

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

Even\nas the media had suggested, this was clearly not a case that had been\n\u2018…Dismissed For Want of Prosecution (DWOP).\u2019 Cases that may have fallen under\nthis legal terminology, were usually those when specific or final adjournment\ndates were fixed by the Court and the Prosecution had no file to proceed with\nthe trial, or where a virtual complainant having been notified or personally\ninformed by a Summons or Court Orderly, showed no interest in making an\nappearance. Given the number of adjournments or lengthy adjournment, a\nprosecutor would have no legitimate excuse not to be ready for trial. Even\nwithout an application from Defence Counsel, the Court may take \u2018…Judicial Notice\u2019 <\/strong>of that which was\nto the knowledge of the Court, and specifically the number of adjournments and\nits own fixtures. In so doing, an adjudicator may reasonably dismiss whatever\nComplaints under magisterial consideration and\/or determination before it, if\nhe\/she were satisfied that \u2018…justice delayed\u2019 would amount to an egregious\ndenial of justice. <\/p>\n\n\n\n

SCAPEGOATING<\/strong><\/p>\n\n\n\n

Likened\nto some unsavory developments, there has to be a \u2018…Scapegoat.\u2019<\/strong> It appeared that the lot had fallen upon the\ninnocence and docility of the female police prosecutor Constable Corlene Samuel.<\/strong> In the high-profile case, the decision to\nwithdraw or discontinue resided only with the Director of Public Prosecutions\n(DPP). Reasonable inferences may have been drawn that he had considered it not\nin the public interest to proceed to trial. When the matter came up for trial\non the duly Court-fixed date [December 17, 2018], clearly acting upon prosecutorial\ninstructions, the prosecutor, whether ashamedly or unabashedly, simply informed\nthe presiding Magistrate that it would wish to withdraw the charge. This time\nthere was the visible non-appearance of the Director of Public Prosecutions. There\nwere also no follow-up arguments respecting the defendant\u2019s sanity or state of\nmind and\/or her competence in taking a second plea to the rather mundane\nsummary offence, \u2018…Making use of\nInsulting Language.\u2019<\/strong> <\/p>\n\n\n\n

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

Having\ninformed the Court of the \u2018…Prosecutorial\nDecision,\u2019<\/strong> it was non-consequential that the Defence had requested the\nCourt to \u2018…Dismiss the Complaint for Want of Prosecution.\u2019 The adjudicator\nwas therefore, bound to \u2018…Dismiss the Complaint on Oath.\u2019 This effectively\nmarked the finite end of the criminal proceedings. Even with the withdrawal of\nthe Complaint, this shall not necessarily preclude the virtual complainant in\ninstituting civil proceedings against the alleged offender. Conversely, the end\nof the prosecutorial proceedings now opens the door for the defendant to look\nat instituting compensatory litigious proceedings against (i) …the Attorney\ngeneral in his capacity as the principal legal advisor to the Government [CO:\n1979: Section 63]; (ii) …the Commissioner of Police in whose name the\nComplaint was filed; and (iii) …the arresting office for his action that\nappeared starved of professional discretion and justification.\u2019 Except an act\nof perjury, affidavits will undoubtedly show certain investigative errors,\nwhile legal arguments would most likely reveal prosecutorial and initial\nadjudicating blunders.<\/p>\n\n\n\n

WATCHING BRIEF<\/strong><\/p>\n\n\n\n

In\nconsequence of litigious proceedings, the joined-parties could face litigation\nfor inter alia, (a) … False Imprisonment on premises that houses the Chambers\nof the Attorney General; (b) …Unlawful arrest; (c) …Abuse of power and\nprocess; and (d) …Malicious prosecution.\u2019 Notwithstanding that the virtual\ncomplainant Karen Duncan-Gonsalves had reportedly made an official report to\nthe Police, none shall accuse her of dictating the string of events that\nfollowed. Thus, she may not have directed the Commissioner of Police what he\nshall do or how he shall have performed his law enforcement duties. It was\nevident that attorney Kay Bacchus-Baptiste who reportedly held \u2018…Watching Brief\u2019<\/strong> for the former\nfashion\/model, could be placing those responsible for the apparent indignities\nand inconvenience suffered on notice for legal redress for courses of action\nthat they may find indefensible or justified. Suffice it to say that as much as\nthere are risks, impulsive and\/or irrational actions have often reflected poor\noperational and\/or prosecutorial judgment. <\/p>\n\n\n\n

FIGMENT OF\nIMAGINATION<\/strong><\/p>\n\n\n\n

As\nthe extraordinary lengthy adjourned date marked the end of an agonizing wait\nfor the criminal trial of the former Vincentian fashion-model Yugge Farrell,\nthere appears to have been harbored fears that the matter could still be\nresuscitated and reinstituted. This appeared more of a \u2018…Figment of Imagination,\u2019 <\/strong>than reality. The former fashion\/model\nneed not be worried over such fears. As the New Year approaches, all may wish\nher exceedingly well in whatever her pursuits in the future may be.\nConsequently, she may put behind her that which had undoubtedly caused her much\npain, anxieties, uneasiness and frustration. Strengthened by her faith and\nbeliefs, she may seek to restore some semblance of normalcy back into her\nyouthful life.<\/p>\n\n\n\n

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

Given\nher trials and tribulations, all may now wish to admonish the Police Service\nthat at all material times, it shall endeavor to seek to inculcate in the minds\nof the populace trust and confidence. They shall display a good sense of duty\nthat allows for favorable inferences to be drawn by those they are obliged to \u2018…protect\nand serve.\u2019 This shall not only be reflected in actions that speak to \u2018…independence;\n…impartiality; …rationality; …justice and fair-play,\u2019 but also conduct\nthat reflects integrity in the service they provide and duties they perform.\nThese shall remove feelings of apathy, replacing them with inspired feelings of\nappreciation by the citizenry. It may also lend encouragement to personnel for\nthe difficult task not only in preventing and detecting crime, but also in\nmaintaining the \u2018…Rule of Law.\u2019<\/strong> While\nlaw enforcement personnel shall uphold the founding constitutional principle\nthat states that \u2018…the law symbolizes\nthe public conscience,\u2019<\/strong> adjudicators, as in the case of Senior Magistrate\nRickie Burnett, who continues to acquit himself exceedingly well, showing that\nthe Court of First Instance remains the \u2018…Bastion\nof Hope.\u2019 <\/strong>More fundamentally, decisions of the Courts shall not only show\nthat \u2018…Justice was done, but\nmanifestly and undoubtedly seen to have been done\u2019 [1924: R v Sussex Justices\nEx parte: 1KB: 256]. <\/strong>This augurs well for partnership in the fight against\ncrime and violence, as well as the jurisprudence of the nation. <\/p>\n

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

\u00a0\u00a0By RAWLSTON POMPEY Behaviorally, there comes a time when lines of demarcation shall be drawn to guide conduct bordering \u2018…stupidity; …incivility or criminality.\u2019 None may deny that in every walk of life or strata of society, there has been constant mental and physical abuse of the sexes. Few may deny that these reflect the unpredictable […]<\/p>\n","protected":false},"author":3,"featured_media":22716,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-22944","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"yoast_head":"\nCOMMENTARY: Yugge Farrell - Victim To Villain - 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-yugge-farrell-victim-to-villain\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Yugge Farrell - Victim To Villain\" \/>\n<meta property=\"og:description\" content=\"\u00a0\u00a0By RAWLSTON POMPEY Behaviorally, there comes a time when lines of demarcation shall be drawn to guide conduct bordering \u2018…stupidity; …incivility or criminality.\u2019 None may deny that in every walk of life or strata of society, there has been constant mental and physical abuse of the sexes. 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