LETTER: The justice system in Antigua failing my European brother charged with credit card fraud

23
HMP

Dear Editor,

The real story is about my brother in law and about all the systems that are discriminating him and the vicious circle that allow for us families to be scammed by this system.

 

I will explain to you why and everything can be checked in the Courts and in police station where everything should be stored.

 

My brother was visited by police in his hotel room at the end of November 2020 with a search warrant. So that means they should have found evidence in order to arrest him.

 

When they found his own personal cards he was arrested ,nothing wrong with that because they had their suspicions. The inventory with the personal things found on him is in the Court and in the police station also. He has on him souvenirs and that’s it like any other tourist.

 

At the police station they charged him for usage of forged cards, forgery , trafficking of forged cards, and theft.

 

He continuously told to the officer from the fraud department that those are his own cards and he repeatedly asked the police to check the cards with the bank before charging him.

 

You will ask about what the lawyer said but later you’ll find out.

 

In every civilised and democratic country before charging someone the police should follow some steps.

 

Usage of forged cards:

 

They should check the cards before saying they are forged. He only used his own personal cards which are not fake, but the ATMs had a problem keep saying invalid card to every customers, that’s why he tried many times with his own cards and the bank knows about the problem. He explain that to the police but they didn’t care.

 

Forgery:

 

For forgery an equipment must be used to commit forgery, but this equipment does not exist. He can’t forge his own CARDS with his own hands.  In fact, when they found his own cards they were happy and not even searched for any potential equipment to commit forgery.

 

Trafficking forged cards:

 

How? His own real cards can’t be trafficked with himself.

 

They never checked the magnetic stripe to see if it contains stolen information. In another case with one Bulgarian arrested in 2019, they found equipment on him and forged cards, but they checked the cards while he was in police custody.

 

He argued many times with the Magistrates about this and always said that it takes time. But they can easily check the cards at every bank like they did in the Bulgarian case.  What procedure is followed to sustain the charge of forgery in order to send him to jail? If they had something against him why they presented search warrant and no arrest warrant?

 

The Magistrate keep saying to him to change his lawyer if he is not happy ignoring that he was keep saying that he was scammed by the lawyers and nobody is doing nothing.

 

The Magistrate failed to let him to defend himself despite he was repeating he is being scammed by the lawyers.

 

In the meantime, the police can do everything with the cards , and change even the real data from the cards and add stolen data on them to look fake.

 

Is the same thing like they would stop someone with white flour in the car and without checking the powder they charge the driver for possession and trafficking cocaine and put him in jail for 10 months only until they check on the powder. That is not possible. They should also check the CARDS the same way they check the money if they are fake. After that they can build charges.

 

As I know there is a law that every inmate can apply for bail without a lawyer.

They did not let him, they always said him to do it with a lawyer. Incredible. This is the part of the system. It is a business.

 

Rappers got bail, gun violent crimes got bail, drug crimes got bail . All during April. He was completely abandoned by the system because he is European.

 

They let him in that horrible and inhuman place where the insects bite him on all his body and even those with violent crimes and previous criminality got bail. Where is that possible?

 

His first court was on 12th of February and the police was supposed to bring evidence. The court was postponed without any information for weeks.

In other cases the MAGISTRATE was asking the police for something new on the case in order to extend the investigation.  In his case never asked and they never provide nothing.

 

 

Regarding the lawyers:

1st Lawyer (Name withheld) 3500usd and I asked her to say to the judge that he was arrested with his real card, she didn’t.

 

2nd Lawyer (name withheld) charge us in advance for 2 bail application and he did only 1 and a half arguing about the jail conditions and nothing on the case.

 

3rd Lawyer (Name withheld) again paid him in advance and not even answering the messages, arguing that is in court.

 

Total: more than EC$20,000 paid to the lawyers for nothing.

 

He had a court date recently and we did not know what happened and we strongly believe that even the 3rd lawyer let him down as he did not said nothing.

 

We do not know how to proceed.

THE VIEWS EXPRESSED IN THIS LETTER ARE NOT THOSE OF Antigua Newsroom.

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23 COMMENTS

  1. Make your brother in law tell you want he really did. One thing I know for sure is that tourists are not treated hostile here and often get away with things they wouldn’t usually get away with in their own country. So the fact that he ended up in prison it means that he did something so ask him to be honest with you

  2. Wait! So a European man comes here and was arrested and charged for credit card fraud. The matter is in the courts. Obviously he has been denied bail because the last time one of these guys was granted bail he fled the country! The matter has been in court since November and for some reason you want your brother home. We’ll my dear nothing unusual has happened in this case. You obviously fired your lawyer and had to retain new ones. No one is to blame for that it was your choice. The court process is slow for all of us and the prison conditions are the same for all inmates. Hopefully your bothers case is heard soon and he can get justice but please don’t try to raise non issues.

    • You are trying to avoid the context. Please read carefull. We have the third lawyer and he explained us all and he also agree with me and said that they failed from the beginning. Good night dear Gap

  3. Of course the jail conditions are the same for all
    But that I am saying that the lawyer talked at the bail hearing about the conditions and not about the case. In fact the process can be slow
    I am not talking about the process . There should be stepts to charge someone. You can’t be arrested and charged of possesion of drugs if carry on you a bag of withe flour. He was escorted to the police station and he asked the officer to check on his cards while he spent 4 days there. If you get arrested you have the right to ask why. He had 3 court appearances and still nothing was presented and the MAGISTRATE failed to ask for something.

    Regarding the lawyer , we were forced to change him because from beginning of the year was not answering, we can’t talk to the walls. At the court date he didn’t attend. What’s wrong with that.

  4. You need to report the lawyers to the relevant bodies if you think they acted unethically. I do not know what putting this matter in the public domain will achieve. Regarding the facts of the case that is something to be determined at trial. If there is no evidence as you claim I am sure your brother in law will be acquitted. After he is acquitted you can sue. However, I am certain that the police have some evidence against him to sustain a charge. It is an emotional time for the family I’m sure try to relax and let the law take its course.

  5. the justice of Antigua and Barbuda has to be regulated, all those cavemen have to study to be able to practice as professionals

  6. I was a prisoner in the prison of Antigua and Bearded, I was not innocent but unlike me there were inmates who were but the justice did not know how to deal with their cases so they were left for a long period in a place where there is no such thing as it’s called human rights

  7. Good night Mr. Daniel. Keep in mind that this country is filled with dolts who just happened to know how to use a phone or computer to send comments. Not very many are gifted with the ability to read and comprehend something before responding to it., especially on Antigua Newsroom.

  8. We the people have known this for a long time. Every govt minister gets away with everything here including sexually molesting and assaulting people as well as not paying their fare share of taxes.

    All of them need to be removed from office.

  9. Oh please. He learned how to hack the machines and came to a small country to try out his method thinking he would never be caught and he did. Bulgarian Embassy probably said nah we kinda busy right now trying to find Agent Jabarica lol

    • This is only an assumption. By the end of the day he was arrested with no money, no forged cards, no equipments to commit forgery, but he is charged with all of this. They said “let’s charge him and will see after what we find”

      Have a good day Mr Chubblesum

      • You left out the part where he jumped on a plane to Barbados after he was released and had to be flown back, or I assuming that also…

        • The Bulgarian that I am giving you example never got bail by the way, he was arrested full equipment and full off forged CARDS that were checked on the first day. He plead guilty from the beginning and got 3 years. He just was released 2 months ago. My brother in law is not Bulgarian anyway and in fact it doesn’t matter. You are skipping the context again.
          I am telling that he was arrested empty handed and charged with his pocket. Every thing tham I am saying can be verified as I said. So officer please try to do justice with the rappers, hit and run killers protected by the government., ecc. Do something util to protect your country.

          Love you Antigua

  10. I find it suspicious that this one person has now been arrested twice on credit card fraud, even if he was acquitted the first time, he is either guilty or the most unlucky person in the world cause card has failed numerous times in other countries but never arrested for credit card fraud. If this has happened twice to him, there is more to this than just a failed transaction at an ATM. The person writing this article obviously is either bias to believe their brother in law is so unlucky that arrest for credit card fraud keeps following them or is also involved and is trying to get public sympathy. As someone who has been a victim of credit card fraud, I have no sympathy for him if found guilty. And If he is a flight risk which I assume he is, denying bail is necessary. Should have thought about what the Caribbean justice system before coming here to commit a crime.

    • Denying bail is necessary? Of course, 60 % that got bail for violence crime, gun crimes , drug crimes are back to jail. Every one can be a flight risk, even a citizen of Antigua. First bail was denied Judge motivating that he was arrested with 6 such cards in his possesion. Meaning that he was 100% that the cards were checked. The lawyer(SILENZIO STAMPA REGARDING THE CARDS)

      You are not part of the story and you are trying to confuse readers about the real subject.

      His rights were not respected never. His words were never listened, his testimony was never checked. But he was charged and they are throwing charges like Santa Is throwing gifts to children’s. Go to visit him and ask him what he did. Nobody is asking him what he did.

      Good day

  11. Sir, he was arrested only once in his hotel room when the police visited him with the search warrant. When they found his pocket with his own CARDS got arrested and the CARDS were not checked.
    If he was wanted for a crime committed th he police would have visited him with an arrest warrant and no search warrant. We do not want any sympathy. The police charged him with his own CARDS, this is the main thing that I am telling compared to the Bulgarian that was arrested full of evidence.

    • How can our police officers arrested and charged someone for using their own credit card? This theory is not adding up. What evidence does the police have that the credit they found on him is not his?
      If you’re not satisfied with our law and court system here, please get yourself an international lawyer who can practice law in Antigua and Barbuda 🇦🇬 to handle your family case. Your family will be in prison for a long time waiting on our law officers to build an evidence file ready to proceed with case.

      • The point is they are not saying evething no the police and no the man or the bother talking on the letter
        What i hear is the man was under investigation he came to antigua like a “regular tourist” , but he came to do his thing the man have more than 50 diferent credit card on his possetion at the time of his arrests plus a suit case full with money, is ironic this is the firts time i hear about this case when he been in jail for mor than 8 month and they looking for his partners becase he didnt do it alone

        • Yes yes sure. They found very litle money on him(few hundreds ec). And the inventory with the things and evidence found on him are registered at the police station and in the court. Its easy, someone only needs to check the files from the day of the arrest.

          Good Night Sheenin

  12. That is no what i hear since last year a full suicase dont hold a few hundreds, and what about his partners did not came alone plus the link up that he make before came here the point is he dont want to talk about the others involve and the polic3 dont wanna talk about all the money they thifh from atm, he has here enogh time before he get lock up the police even get a warrant to get him by his hotel ; footege of him by the atm 5 times a day taking out money with more than 10 diferent card q day a day no in a month im talking qbout one day so brothwr the worst thing yyou did was get media atention to this case cus now they have to show all the evidences and belive me th3y hav3 enoght

    • Really, show the evidence to the media, let’s see the suitcase full of money and all 60 cards. You make me laugh. Footage at the atms every citizen have. Of course there are pictures with every customer struggling to use the atms in the same period.

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