A man accused of raping a 14-year-old girl and engaging in child pornography, was remanded when he appeared before Magistrate Douglas Frederick today.

Jamal Jarrel Thomas, of Apartment 5, 6th Avenue Club Morgan, Christ Church, was not required to plead to any of the five indictable charges which were read to him.

He is accused of raping the girl on June 15 this year and assaulting her five days later.

Further, the 23-year-old is charged with knowingly having pornography in a computer system for the purpose of publication, that he published the pornography by circulating it through a computer system and used a computer to send an electronic communication which was obscene and intended to cause distress to the complainant.

All the offences allegedly occurred between November 1, 2014 and June 29 this year.

Included in the prosecutor’s objection to bail, was the fear that Thomas would interfere with the girl and that she, as well as society, needed to be protected from the accused.

Station Sergeant Neville Watson also informed the court that the situation was somewhat volatile and the accused himself needed to be protected.

The prosecutor added that the seriousness of the allegations “cannot be underscored”, as he asked the court to take note of the dates of the alleged offences. He also said that even though he could not “go into the evidence” the bench needed “to have regard” for the compelling evidence recovered by the police.

In responding, attorney-at-law Adonica Spence stressed that her client has a fixed place of abode, was 23 years old and gainfully employed as a carpenter and painter. She added that the accused has no previous convictions and was involved in his community through his participation in football.

“As the court is well aware, an accused person is entitled to bail . . . The test is whether it is probable that he will appear to stand trial. No substantial grounds have been advanced by the prosecution to say that the accused will not appear or will interfere with witnesses.”

Spence urged the court to impose reporting conditions or warnings for the accused to stay away from the complainant, especially since his trial might not be anytime soon.

Magistrate Frederick concluded that “a wall is not built by one brick” but, taken all together, it would be best if Thomas were remanded at this time, particularly in the face of the “hostility in the (girl’s) community right now”.

In relation to the dates of the allegations, the magistrate felt that they showed that “the conduct is graduating”.

“Remanding you in custody might allay hostilities and cause people to have a different view over time.”

The accused was remanded and the case adjourned until August 4.    

One of two men involved in a fight on Pinfold Street in the City on Sunday, has admitted to unlawfully and maliciously wounding the other.

Antonio Renaldo Todd, 28, of Ceres Land, Grazettes, St Michael and Kemal Antonio Roach, 22, of Suttle Street, the City, appeared to answer charges before Magistrate Douglas Frederick in the District ‘A’ Magistrates’ Court yesterday afternoon.

Roach pleaded guilty and was offered bail. However, as he did not have a surety present, he was remanded until August 5. A presentencing report was ordered on him.

After pleading not guilty, Todd, an economist, was sent to the Psychiatric Hospital for evaluation and a report, which is to accompany him when he returns to court on July 22.

According to the facts which Sergeant Martin Rock read, the two were arguing on Pinfold Street when Roach took up a piece of steel and swung it at Todd, catching him in the back of his head and wounding him. This occurred after a substance was reportedly thrown at Roach.

The two men then engaged in a fist fight which was parted by persons at the scene. Both later reported the matter to Central Police Station, before seeking medical attention. Roach and Todd were later charged with similar offences.

Questioned by Magistrate Frederick about what he was doing with his life, Roach told the court that he sells himself for a living and has entered an up-coming show. He also said he had been abused as a child.

His father, who was present, said he believed his son needed psychiatric help since his parents had been “trying with him” for some time, to no avail.

Magistrate Frederick also felt that maybe Roach had not gotten over the abuse and as such did in fact need to see a psychiatrist.

Terming it “totally ridiculous,” attorney-at-law Vonda Pile asked today that a matter involving her client be dismissed.

Michael James Springer faces charges of having a gun and ammunition on January 20, 2010. The 29-year-old lives at Headley’s Land, Deacons Road, St Michael.

When the preliminary hearing began yesterday, Station Sergeant Neville Watson told the court of the unavailability of the two police witnesses.

He said Sergeant Leslie was on a training course while Sergeant Catwell was on holiday and efforts to locate him had proven futile. The prosecutor therefore asked for an adjournment.

However, Pile complained that “the accused has always had to be here” while she has been waiting to continue cross-examining Sergeant Leslie since 2013.

“This is ridiculous,” Pile stressed.

“The sergeant (Catwell) must be stationed somewhere in Barbados at some time . . . This is a case from 2010 and we cannot have one-sided justice in this court, Sir,” she submitted to Magistrate Douglas Frederick.

“If, at this stage, and we cannot get any further than half of a witness, then the time is ripe for the matter to be dismissed for want of prosecution. The 12th hour, according to Shakespeare, has now arrived,” she argued.

Magistrate Frederick responded by saying that it was unfortunate that Leslie was away on training and was in High Court on the last occasion. He urged the prosecutor to get hold of both witnesses for the next court date on September 21.    

Before the extradition case against a former male nurse can go any further, the Office of the Director of Public Prosecutions (DPP) must provide evidence that the Attorney General has given them the authority to act in the matter.

At the start of today’s hearing, Hal Gollop QC submitted that the Crown had no status in the matter since the DPP’s office cannot represent a foreign state without a directive from the Attorney General.

In the matter, which was being heard in the District ‘A’ Traffic Court before Magistrate Graveney Bannister, Jason Forde was
accused of engaging in sexual conduct with a person with a mental disorder, sometime on or before May 10, 2004.

That was one of eight charges arising out of incidents which allegedly took place at a psychiatric hospital in Westminster, England, where Forde was employed as a nurse.

Forde resides at #2 Constance Drive, Seaview, Chancery Lane, Christ Church. The court is to decide whether Forde will be extradited back to England to stand trial.

Gollop contended today though, that in the absence of a certificate of some sort from the AG’s office being shown to the court, the hearing should not proceed.

Hal Gollop QC

Deputy Director of Public Prosecutions Donna Babb-Agard QC responded by saying that she would “prefer to rely on the documentation” and to “have it in hand”.

The matter was adjourned for a short while and when it continued, Babb-Agard assured the court that the Attorney General’s office “is making checks as we speak” and as soon as the document was available, she would forward it to the court and defence counsel.

The Crown was expected to call three witnesses today.

Principal Crown Counsel Elwood Watts is also appearing in the matter.

A St Michael man, who caused his brother actual bodily harm, was remanded by Magistrate Douglas Frederick today.

When Rico Kevin Prescod, of 1st Avenue Spring Garden, Black Rock, went before the District ‘A’ Magistrates’ Court, he pleaded guilty to hitting his sibling with a piece of wood on July 1.

Sergeant Martin Rock told the court of an ongoing dispute between Rico and his brother Neil Prescod. Rico blames Neil for injuries he sustained some time in 2014.

As a consequence, on July 1, when Neil went to take a bath, Rico armed himself with a three-foot piece of wood. As soon as Neil came out of the bathroom, Rico beat him about the body with it.

Neil called the police and sought medical attention.

Questioned today, Rico said he never “beat” his brother with the weapon and recalled hitting him only once.

The complainant is expected to attend court on August 6, when the matter comes up again.    

The driver of the ZR van, which overturned close to the Mencea Cox roundabout weeks ago, has been remanded again.

When Matthew Ricardo Daniel, 40, of Licorish Village, My Lords Hill, St Michael reappeared in the District ‘A’ Traffic Court earlier today, his attorney-at-law Angella Mitchell-Gittens renewed her application for bail while the prosecutor Station Sergeant Peter Barrow renewed his objections.

Daniel is facing charges of furious driving, dangerous driving, driving without due care and attention and driving without reasonable consideration for other road users.

Magistrate Graveney Bannister noted today that allegations were of serious misconduct on the road. He also pointed out that there were a number of complainants with varying degrees of injuries; the accused was a repeat offender; and the police needed more time to conduct their investigations.

Daniel was remanded until August 6.

A man who injured a mother and daughter at the Valery high-rise complex in May, has to wait a little longer to find out whether he will continue on remand or be allowed to perform community service.

Shakir Akil Elias Greaves, of Block 9E Division Drive, Eden Lodge, St Michael pleaded guilty earlier to three of the four charges which were brought against him in the District ‘A’ Magistrates’ Court.

Shakir Greaves being led from the District ‘A’ Magistrates’ Court.

Those were that the 24-year-old painter intentionally destroyed Jalisa Springer’s cellular phone case and assaulted her on May 5 and then unlawfully and maliciously wounded her mother Cherral Springer in May.

Greaves however was not required to plead to doing serious bodily harm to Jalisa Springer with intent to maim, disfigure and disable her on May 11.

Greaves pleaded guilty on an earlier occasion to three of the four charges and a pre-sentencing report was ordered on him. That was handed to the court today, along with a recommendation of 240 hours of community service by a probation officer.

Magistrate Douglas Frederick further placed Greaves on a six-month bond to keep the peace and if breached, he will serve three months in prison.

The facts, which were revealed previously, were that Greaves and Jalisa Springer were in a four-year relationship, which came to an end. Greaves had apparently been accusing the woman of being involved with someone named Angus.

On the day of the incident, Greaves went to Springer’s home and once inside, began questioning her again about the man. He then grabbed her cellular phone and searched through it. When that was unsuccessful, he tried to force Springer to unlock the phone but she refused.

Greaves later threw the phone and the case outside, hit the woman about the head and injured the mother’s jaw when she intervened.

The woman had also been hospitalized and was in the Surgical Intensive Care Unit.

Today the prosecutor was uncertain as to Jalisa’s health status and the matter was adjourned until July 17.

If that date comes and the complainant’s condition is still serious, Greaves will very likely continue on remand.

The documentation which attorney-at-law Hal Gollop suggested was necessary before the extradition case against Jason Forde could proceed, was not produced before Magistrate Graveney Bannister today.

The matter against the former male nurse was therefore adjourned until September 17.

Forde, who resides at #2 Constance Drive, Seaview, Chancery Lane, Christ Church, is accused of engaging in sexual conduct with a person with a mental disorder, sometime on or before May 10, 2004.

Should he be extradited, he will face seven additional charges arising out of incidents, which allegedly took place at a psychiatric hospital in Westminster, United Kingdom, where Forde was employed as a nurse.

At the start of yesterday’s hearing before Magistrate Graveney Bannister, Gollop QC submitted that the Crown had no status in the matter since the DPP’s office could not represent a foreign state without a directive from the Attorney General. The lawyer cited Section 79A–2 subsection (b), which authorizes the Attorney General to give permission to the DPP to act in respect of any right or obligation of Barbados under international law. He asked that evidence of that authority be provided.

Hal Gollop QC

Deputy Director of Public Prosecutions Donna Babb-Agard QC said she would try to have the documentation “in hand” so she could present it to the court and to Gollop, who is representing Forde.

The matter is being heard in the District ‘A’ Traffic Court and will determine whether Forde will be extradited to the UK to stand trial.

A landscaper was jailed for nine months today, after appearing in the Oistins Magistrates’ Court.

When Erskine Leo Belgrave went to court last month, he denied using threatening words toward Stacia Greenidge. Today, he changed his plea before Chief Magistrate Pamela Beckles and admitted telling the complainant on June 6: “You, yuh ****ing idiot, you tell you man that I does trouble you? I gine ****ing kill you and your man.”

According to the facts which Station Sergeant Rudolph Burnett read, Belgrave and the complainant were previously involved and have two children together.

The relationship ended in 2007 due to abuse, and a court conviction that led to Belgrave serving two years in jail.

Over the past few years, the 41-year-old had been dropping remarks at Greenidge whenever he saw her. These escalated to threats earlier this year.

On June 6, as the complainant was leaving her home, Belgrave passed and made the threat to her.

Chief Magistrate Beckles expressed her concern that having already had a matter where he wounded the same woman, Belgrave was back before the court again.

Sherland Elacey Boyce was not at Erdiston Teachers’ Training College on July 9 for any type of training.

The 70-year-old, who has several convictions, was there with intent to steal.

When Boyce appeared before acting Magistrate Elwood Watts in the District ‘A’ Traffic Court today, he pleaded guilty to the offence.

Station Sergeant Peter Barrow told the court that security personnel heard noises coming from the vicinity of the principal’s office. They called the police and, when they arrived, they saw Boyce running away.

He was pursued and held. Police later found evidence of a break-in at the principal’s office.

Boyce was sentenced to 12 months in prison and ordered to enrol in the reintegration programme at HMP Dodds.

After denying that they broke into two homes two years ago, a Grazettes, St Michael duo threw in the towel earlier this week before Magistrate Christopher Birch, and confessed to committing the crimes.

Zeco Francis Holder and Kemar Romal Griffith, both 22, appeared on Tuesday in the District ‘A’ Magistrates’ Court, to face charges of entering the homes of Lionel Harrison and Henderson Alleyne on March 13, 2013.

Evidence was about to be taken from Alleyne when one of the accused held down his head and the other began hyperventilating as the complainant entered the courtroom. That prompted the Magistrate to ask whether they wanted to say something to the court.

Both Holder and Griffith immediately changed their plea. They stole three watches and other items from Harrison’s home, with a total value of $1,270.

From Alleyne’s home, they made off with five rings, an Ipad, one watch and a chain. Those items were worth $4,800.

Alleyne told the court that above all else, he wanted back his wedding ring which he never got the chance to wear. However, Holder said he threw the items in a cane field but by the time he returned there with police, they were gone.

Having spent six months on remand after they were originally charged, Magistrate Birch sentenced the pair to time served in relation to the offence against Harrison.

For the matter involving Alleyne, Griffith was sentenced to 18 months which was suspended for two years. He was further ordered to pay $3,000 in compensation by December 1.

Holder, who is currently serving time, was sentenced to 18 months to run concurrently with the time being served.

A 39-year-old landscaper admitted to being in the vicinity of a secondary school this week with the intention of selling marijuana.

Leslie Carlos Pilgrim, of Foursquare Valley, St Philip, had denied four drug charges when he first appeared in court, but changed his plea on Tuesday when he returned before Magistrate Christopher Birch.

Pilgrim’s offences were that he had 74 grams of cannabis, had it within a 100 yard radius of Princess Margaret Secondary School, trafficked the substance and intended to supply it within that same 100 yard radius, all on June 5 this year.

Magistrate Christopher Birch fined Pilgrim $3,000 payable in three months, with an alternative of 12 months in prison for possession of the cannabis. He was sentenced to a further nine months for intent to supply, but that was suspended for three years.

Pilgrim was convicted, reprimanded and discharged for having the cannabis close to the school and reprimanded and discharged for trafficking the drugs.

Sergeant Azel Skeete told the District ‘C’ Magistrates’ Court that, based on information received, lawmen set up surveillance in the area of Six Roads. During that time, they saw a man place a plastic bag under a rock. The police became suspicious, approached the man and took him back to the rock where they retrieved the drugs.

When he was questioned, Pilgrim told police, “I just had them drugs to sell to make some money”. Police also found a large sum of money in his pocket, which Pilgrim explained was “the money I make from the weed this week, officer”.

Barbados’ newest acting magistrate is Elwood Watts.

Watts began sitting in the District ‘A’ Traffic Court from today until Magistrate Graveney Bannister returns from holiday on August 21. His substantive post is Principal Crown Counsel in the Office of the Director of Public Prosecutions.

This is Watts’ first time acting as a magistrate.

Tyrone St Alwyn Franklyn faced two charges when he went before Magistrate Christopher Birch last Friday.

He pleaded guilty to having a scissors with intent to commit wounding last Thursday night when he went to the popular ‘Q in the Community’ at Hothersal Playing Field, St John.

However, Franklyn denied the second charge: namely, using threatening words toward Denise Waithe on July 10, by telling her “I would stab you. I would ****ing stab you up and put you down,” causing her to believe that immediate violence would be used against her.

Franklyn, a 35-year-old contractor, resides at Venture #3, St John.

According to Sergeant Azel Skeete, there was a large crowd at Q, including the complainant Waithe and her husband. The husband approached Franklyn and they were talking when Franklyn hit him in the head with a bottle.

When Waithe went to speak to Franklyn about his behaviour, he armed himself with a scissors. The police
were called.

When Magistrate Birch invited the first-time offender to tell his side of the story, Franklyn explained that he and the couple were “not greeing” for a long time.

He said the disagreement started when the wife called him a homosexual and he referred to how her make-up looked.

“But you have dreadlocks so you don’t cut your hair. What were you doing at Q with a scissors?” the Magistrate asked.

Franklyn responded that he always carried a scissors to protect himself.  “They got people that does just see yuh and interfere with yuh,” he said.

“How come that doesn’t happen to me?” asked
Magistrate Birch.

Franklyn explained then that Waithe’s husband “come from nowhere and push me on the ground – for no reason at all.”

Magistrate Birch remanded Franklyn until Friday this week, when the complainant is expected to attend court.

A murder conviction, which was upheld by the local Court of Appeal, is heading before the Caribbean Court of Justice (CCJ), Barbados’ final court of appeal, for determination.

Last week, the Court of Appeal handed down its decision in the matter where lawyers for Vincent Leroy Edwards and Richard Orlando Cabbage Haynes, had appealed against their convictions and death sentences.

The appeal was heard by Chief Justice Sir Marston Gibson K.A., along with Justices of Appeal Sherman Moore and Sandra Mason, who found no merit in any of the grounds of appeal.

A jury found the appellants guilty in June 2013 of murdering Damien Alleyne at Rosemont, Deacon’s Farm, St Michael in August 2006. Alleyne was from Upper Carlton, St. James.

According to evidence presented during the trial, Alleyne had just left his girlfriend’s home at Deacon’s around 9.45 p.m. Sometime after 10 p.m., she heard a number of explosions which sounded like gunshots.

She called him on his mobile phone and, based on what Alleyne had told her, she left home to search for him and found him lying on the ground not far from her home.

Post mortem results showed that he died from a gunshot injury to the chest.

According to police evidence, the convicted men had told them that Alleyne was shot after Edward’s motorcycle had been stolen, as well as a “block gun”.

One of the main grounds of appeal submitted by attorneys-at-law Andrew Pilgrim QC, Angella Mitchell-Gittens, Carol Ann-Best and Keith Scotland, was that the conviction was based mainly on orals which police witnesses said both men gave and they recorded.

Those oral statements were unsigned.

Scotland had also argued that the oral statements had been obtained through trickery where police had told Edwards and Haynes that they had information about their involvement in the crime, when they had none.

Pilgrim and Mitchell-Gittens had submitted that the statements were never made by their clients.   

The Commissioner of Police is appealing the recent decision of former acting Magistrate Alliston Seale to dismiss a case brought against three employees of the Nation Publishing Company over the 2013 publication of an indecent photograph of two secondary school children.

Notice of appeal papers have already been filed.

On July 2, Seale handed down the decision in the case which sparked much public interest, from the time of publication of the controversial Sun on Saturday article and photo which led to the police bringing charges against the trio.

Not guilty pleas were entered by Publisher, Vivian-Anne Lenora Gittens, 63, of #11 Kent, Christ Church, Editor-in-Chief Roy Ricardo Morris, 53, of #118 Warrens Park South, St Michael and senior journalist, Sanka Louis Price, from the Corner of Derriston & Grazettes Main Road, St Michael.

Nation Publishing Co. Ltd. CEO and publisher Vivian-Anne Gittens (left) Editor-in-Chief Roy Morris (centre) and Editor Sanka Price (right) at a previous court appearance.

They were specifically charged with publishing an indecent photograph of two teens under the age of 18, while being employees of the Nation. The students who allegedly took the initial video which was posted on the social media site, Facebook, were also charged.   

Many Barbadians felt at the time that the publication of the article and photograph was in poor taste while others felt it was merely a reflection of what was happening within the society.

In dismissing the case, Seale stated that, in his view, the charge should have been brought against the Nation Publishing Company, instead of the three individuals, since the corporate body had shown the picture in question.

Seale also said the only person who might have been liable would have been Price since, according to the evidence given by the principal of the secondary school which the two teens were attending, Price had shown him an email of the children in the act.

However, he noted no charge had been brought to that effect.

Mediators are already having a positive impact on the local judicial system, mere weeks after they have started working.

Operating under the Court Annexed Mediation Pilot Project, their introduction within the court system is aimed at bringing alternative dispute resolution to certain matters which come before the courts.

For this option to be pursued, it must be with the agreement of the parties involved in the matter.

Mediators so far have been attached to the High Courts, as well as the Oistins, District C, D and Holetown Magistrates’ Courts, with the expectation of a full roll-out by September.

According to sitting District ‘C’ Magistrate Christopher Birch, “so far the mediators are working exceedingly well”.

Asked how the process has helped so far, Birch explained that “it has taken away the adversarial nature of the legal process and has substituted a more conciliatory approach.”

Chief Justice Sir Marston Gibson has referred to the mediation process as “a method designed to change the way we do business in the courts.”

Chief Justice Sir Marston Gibson

He explained that the mediators were still undergoing training, which is being led by attorney-at-law Dawn Shields-Searle.

A 35-year-old unemployed man has pleaded guilty to a charge of possession of cannabis.

Ramon Fabian Chase of # 54 Hillside, Gall Hill Christ Church, appeared before acting magistrate Elwood Watts today to answer the July 12 charge.

This is the second offence of that nature for Chase, who is known to the court.

He was ordered to pay $250 forthwith or spend the next seven days in jail.

The money was paid.

Wayne Richard Headley, an electrical student whose address was given as Welchman Hall, St Thomas, was fined $750 in one week, with the alternative of a week in prison, after admitting that he had a flick knife in his possession at the Bridge Street branch of Burger King last Saturday. The fine was paid.

According to the facts which Sergeant Theodore McClean presented before acting Magistrate Elwood Watts in a Bridgetown court yesterday, Daniel Clarke, a security guard, saw Headley sitting in the fast food restaurant. He approached Headley and told him if he was not a paying customer, he would have to leave.

Headley moved from that seat to another. Clarke went to him a second time and repeated his request. It was then that Headley allegedly pulled a knife and threatened to stab the guard. When the police arrived, a flick knife was found in his possession.

Headley told acting Magistrate Watts that he was pursuing electrical studies and even though he was not working last Saturday, he had the bag in which he carries the knife with him but never takes it out. He said he had gone into Burger King to use its free WiFi, just as others do, but the guard came to him.

He recalled Clarke asking him if he was waiting on anybody and when he replied “no”, the guard informed him that he could not “lime” there. He therefore got up, purchased a drink and told the guard: “I am now a customer so I won’t have to leave.”

Headley said the guard then became very angry and began removing his baton. Headley said he told the guard: “If you put your hands on me, I will use any force necessary to defend myself.” Headley said he told the guard that loudly, until a cashier intervened and asked the guard to relax himself since Headley had bought something.

The convicted man said he never pulled the knife on Clarke nor threatened to stab him.

Referring to two previous convictions against Headley that included threats, acting Magistrate Watts said he was reluctant to send a student to prison but Headley had proven to be “a hard ears student”.

“Mr Headley, you can’t walk around threatening people, you hear me? And a security officer at that,” the magistrate remarked.

A father was ordered to pay $500 in compensation to his daughter after he admitted to assaulting her on June 29.

Roger Roland Ellis, 51, pleaded guilty when he first went before the District ‘A’ Magistrates’ Court on Saturday. He was granted $5 000 bail and told to return to court today.

The facts were that on the day in question,  Ellis called his daughter, Brittany, at a restaurant where they both worked and told her that if a particular woman could not work there anymore, neither could she.

She pressed out her cellular phone and when Ellis arrived there later, they exchanged words. Ellis then hit his daughter in her chest, held her shirt and pushed her out of the restaurant’s kitchen.

When the 19-year-old daughter appeared in court today, it was for acting Magistrate Elwood Watts to consider compensation. When questioned, the girl said she had spent $100 at the doctor and a further $30 on taxi fare.

Asked if she was willing to accept compensation from her father, the girl said “yes” since he had assaulted her for “no reason at all”. She went on to explain that the woman whom her father sought to fire her over, was his girlfriend who insisted she was not working with her.

Brittany said that she and her father never exchanged words that day; he just came and assaulted her. Asked by the Magistrate when last she and her father had spoken, the girl replied “not since” the incident.

“Do you plan to speak to him again?” asked Watts.

“No, Sir,” she answered.

“You mean you are going to go to your grave not speaking to him?”

At that point, Ellis interjected and said he didn’t plan to speak to her either.

“Not even if he (Ellis) speaks to you first?” Watts continued to the complainant.

“No, Sir. I don’t think he will speak to me unless his girlfriend tells him he can speak,” she explained.

“Well, I think it is folly. You not speaking to him and he not speaking to you. You didn’t bring yourself into this world . . . and at some point he would have been willing to kiss your naked behind and say, ‘coochy, coochy’.”

Watts then urged the father to keep his record clean and ordered $500 in compensation, payable in 28 days. If Ellis fails to pay, he will spend a similar time in jail.

Ellis was reprimanded and discharged.