“You talk too much and you don’t listen!”

Acting Magistrate Elwood Watts told this to a woman who pleaded guilty to causing a disturbance on Roebuck Street yesterday.

When the charge was read to her, Natasha Felicia Prentice answered: “Sir, I guilty for getting on bad; I ain’t gine lie to you.”

However, the Citrus Lane, Lower Burney, St Michael resident disagreed with the facts which Sergeant Theodore McClean presented.

He told the District ‘A’ Traffic Court that sometime after midday on July 22, Prentice was at Harford House where the Juvenile and Coroner’s courts are located. She was among a group at the time.

Sometime after noon, Constable Hoyte spoke to her about her behaviour on the court compound. The accused began cursing Hoyte and another constable, PC Clarke, whom she told to “Carr’ wunna ***** and don’t ****ing touch me”.

She was told to leave the premises and walked on to the main road at Roebuck Street, where she continued being boisterous. She was then arrested.

When given the chance to speak, the 33-year-old pointed out that she disagreed with “the part ‘bout the cursing. I did not curse. I ain’t had no outburst in the courtyard either. When they tell me to leave, I leave”.

In explaining the events to the court, she said after she crossed the road, the policeman told her, ‘I lucky I is a woman or he would cuff me in my face.

‘You see men beating you mother and you sister? Carr’ yuh tail from out my face,’ she recalled saying to him.

Prentice also said she did not know the female was a constable at the time she approached her. She said from the time she got there, the woman was “looking at me bad” and, as she was speaking to her, was pushing a piece of paper in her face.

“I was offended by it,” Prentice remarked.

The accused woman explained that she and others were in the foyer at the court, when she gave a joke “and everybody laugh”.

“It was a good joke for truth and we laugh real hard.”

She went on to say that it was at that point that a woman came out and told the group, ‘I don’t want all of this in here. Wunna got to leave’.

She replied “Sweet girl. All of we is poor people together and we should live good. You mean we got to leave because we laugh? So you mean yuh can’t laugh now?”

She recalled that the group then crossed the road “and I get on bad”.

When Watts questioned her about the fact that she had still disturbed the court even from where she was, the woman replied: “Court did done, Sir.”

The acting magistrate informed her that once the court was in session, as the facts suggested, “and your noise interrupted it, the court had the authority to send for you and you would have been in contempt of court”.

He went on: “I am giving you some advice because you may have to go back to that same court and if you do it again, it may not be for the same minor charge you are on now.”

The woman replied: “I talk hard and I say some things, Sir.”

To this, Watts said: “I am talking . . . and you’re not listening. You need to listen. You have children?”

Prentice continued: “All my friends does tell me so. Yes, Sir. I have three children and one of them birthday is today. I gine listen now.”

Watts said he would not want to jail a first-time offender and fined her the $10 penalty forthwith.

“But I ain’t come here with no money, Sir,” Prentice told the Magistrate.

“It is $10, ma’am, not $1 000, and if you don’t pay it before the court rises, you will get the alternative of 30 days!”

“You would do that to me, Sir?” Prentice asked.

The money was paid by a relative who was in the courtyard.

Ian Best was brought to the District ‘A’ Traffic Court today after a warrant of arrest was issued for his non-appearance at court last August.

Best, who resides at St Hill Road, Carrington Village, St Michael, was brought to answer charges for a number of traffic violations: driving a car on Tudor Street, The City, on January 4 last year, while the vehicle was uninsured; having no road tax and having no driver’s licence.

Best was held by a court marshal yesterday. Today, he explained to the court that he “was taken up from in town”.

Acting Magistrate Elwood Watts’ information showed that Best had been served a summons personally on July 8 last year in relation to attending court on the traffic offences.

However, Best said he was in jail at the time, but when he came out on August 9, he came to the court and returned on August 14 when he “answered the charges and paid the fines”.

Watts then asked a court orderly to verify Best’s statement and that was done.

“Mr Best, you are correct. The officer has verified it and this warrant should be withdrawn.”

Best was discharged and the warrant withdrawn.

The man accused of causing Samuel Clarke’s death by driving a motorcycle in a manner dangerous to the public along Bank Hall Main Road, St Michael on June 22, has been further remanded.

Shawayne Deshawn Williams, 20, of #16 Main Avenue, Eden Lodge, St Michael faces that and eight other charges, including riding without due care and attention, not having a license, not having the vehicle insured and failing to give his name and address to police.

Shawayne Deshawn Williams

Last month, Station Sergeant Peter Barrow objected to bail before Magistrate Graveney Bannister, on the grounds that Williams was a flight risk, that he had allegedly fled from the scene of the accident, that the offences were serious and that a life had been lost.

Today, Station Sergeant Irvin Kellman renewed those objections before acting Magistrate Elwood Watts.

Attorney-at-law Angella Mitchell-Gittens said her client was a Barbadian national who was unlikely to abscond. Even though the matters are serious, she said, “they are not such that persons aren’t granted bail as a matter of course”.

The attorney pointed out that some with a similar charge (causing death by dangerous driving) have pleaded guilty to a lesser charge and not spent any time in prison.

She argued that the prosecution had nothing to show that Williams was a threat to witnesses or that the society needed to be protected from him. Mitchell-Gittens also pointed out that Williams’ charges arose out of an accident.

She urged the court to grant him bail and attach any conditions deemed fit.

Watts urged the prosecutor to inform the court of the progress of the investigations by the next occasion, adding that “it touches my conscience when a man stays in prison and we can’t say in any definitive way how the matter will proceed”.

Williams returns to court on August 23.

A few days ago, Mario Clarke was not only certain that the summons he had was a repeat of his alleged traffic violations, since he could not have been reported for two similar offences five minutes apart.

Clarke, of Ashton Hall, St Peter, went before acting Magistrate Elwood Watts in the District ‘A’ Traffic Court on Monday.

He insisted then that the summons he held in his hand was a repeat of another one already dealt with by Magistrate Graveney Bannister. That charge was for setting down passengers other than at a bus stop at 12.10 p.m. on June 24, 2014, along Black Rock Road.

After his claim was investigated, it was confirmed that even though it was the same policeman and the same date involved, there was a five minutes difference in time and the summonses carried different numbers.

Clarke then pleaded not guilty to the second charge.

The matter was adjourned until July 23 for trial, but Clarke showed up today, apologized for missing court yesterday, and changed his plea.

He was fined $600 forthwith or 60 days in prison. Further, the minibus driver was ordered to pay $50 court costs in relation to the warrant which was issued for him since it was the second time he had missed a court date.

A 49-year-old St Michael woman, accused of harbouring two daughters wanted by police, was today remanded to HMP Dodds following a court appearance.

Barbara Rosita Bailey, of No. 8 Grazettes Court, Grazettes, was not required to plead to the indictable offence when she went before acting Magistrate Elwood Watts.

She is charged with concealing Shakira and Tiffany Bailey in a wardrobe in order to impede their apprehension or prosecution, despite knowing or believing they had committed an arrestable offence of aggravated burglary or some other offence.

Bailey appeared in the District ‘A’ Traffic Court where Sergeant Theodore McClean objected to bail on the grounds that the offence was serious and that police were still investigating the matter which was at a delicate stage.

He also felt that the woman would continue to assist her daughters “by whatever means necessary” and thereby impede the investigations.

“We believe she herself would fail to appear if granted bail,” McClean continued.

In response, the accused told the court that she was not the person who brought the girls into the house; the house was not hers; and her daughters did not reside there.

She said she had stopped working after becoming medically unfit and now cares for her five grandchildren. Her son and his girlfriend also live at that same house, Bailey said.

Appearing amicus curiae [friend of the court] for Bailey, attorney-at-law Oliver Thomas commented that there were “very compelling factors which go in favour of the accused”.

He mentioned that Bailey has no pending matters before any court and had kept a clean record since 1983. She had “neither ownership nor control” of the house where the women were apprehended, which means that the strength of the evidence was tenuous, Thomas said.

“By and large, she is a person of relatively good character,” Thomas submitted, adding he was confident that “given certain conditions, she would be a proper candidate for bail”.

Thomas spoke further in relation to the surrendering of Bailey’s passport and having her report to a police station.

“So there is no need to remand her,” the lawyer said, “the case has not reached the threshold that would require remanding.”

Acting Magistrate Watts pointed out, though, that the allegation of hiding someone in a wardrobe does not require ownership of the house. He also felt that the allegation was specific and was “strictly against her,” not anyone else residing there.

Given that the accused’s daughters were already being questioned by police, Watts said he would remand Bailey until Wednesday, July 29, which should give the police enough time to carry out their investigations without any impediment.

After receiving a presentencing report on a 54-year-old carpenter who beat his wife and threatened to cut her up, Magistrate Douglas Frederick acted upon the probation officer’s recommendations and remanded the man to the Psychiatric Hospital.

Derek Wong of #5 Free Hill, Black Rock, St Michael returns to court on August 10. He pleaded guilty in May to assaulting his wife and using the words “I gine stab you in you neck” and “I would cut you up and no-one would hear you.”

The District ‘A’ Magistrates’ Court heard on that occasion that Wong drinks alcohol excessively and as a result, has at times been physically and verbally abusive to his wife during their 10-year marriage.

On May 30, Wong beat his wife by cuffing her in the head before making his way to the kitchen where he grabbed a knife and threatened the woman. This was done in the presence of one of their sons, who held on to his mother in an effort to protect her.

When she began screaming, her eldest child came out of his room and he too intervened in an effort to get Wong to stop. She then went to a neighbour’s house and reported the matter to the police.  When Wong returned to court today, he explained that one of his issues is that he does not want his wife to work so he “puts the money there.”

“But this behaviour can’t work in 2015,” Magistrate Frederick explained. “Women are going out to work because they want to be independent. More of them may be working now than men,” Frederick added. He also warned Wong that his children “are growing up.”    

A young unemployed woman with a number of issues was jailed for a month after she admitted she had stolen money and jewellery from a man’s car over the weekend.

Keisha Melissa Clarke, 28, of Arthur Seat, St Thomas admitted to the offence and asked the court to be merciful on her. She was charged for stealing a pair of earrings and $87 belonging to Chris Clarke on Sunday.

Keisha Melissa Clarke

When Sergeant Theodore McClean read the facts to the District ‘A’ Traffic Court, they revealed that around 6 a.m. Clarke parked his unlocked car in his garage, with the windows up.

While inside his house around 9 o’clock, he heard a clicking sound coming from the vehicle. When he went to his door, he saw Clarke sitting in the driver’s seat. The vehicle’s roof light was on at the time.

When he went outside and questioned the woman about being there, she simply got out of the car, walked toward the road and asked him: “You see me in you car?”

Clarke apprehended her and called the police.

The court heard that she had already committed similar offences and, as recently as February, had been placed on a year’s bond by the Holetown Magistrates’ Court.

Today, when acting Magistrate Elwood Watts tried to get Clarke to mitigate for herself, he asked her if the court should consider a fine, jail time or community service.  She opted for community service.

Clarke also explained that she was not there to steal, but was in the area “looking for someone”.

“So how did the roof light get on then?” asked the acting magistrate.

“I don’t know Sir . . . I was just looking in the car and he came out and see me.”

In fact, she went on to say that the police found nothing on her except “the $27 I went and deal with somebody for”.

Clarke had already been placed on a bond for stealing biscuits in 2013 and another one for stealing $9 from a woman earlier this year. A breach of the second bond meant payment of a $300 fine forthwith or a month in prison.

Questioned further about her life, Clarke said she has seven children, including a twin who were born premature and remain hospitalized. Additionally, she confessed to being an outpatient of the Psychiatric Hospital.

“I can’t give myself a headache with you,” Watts concluded, “I don’t like the idea of sending you to jail but you will have to go in any event because you breached the bond.”

He then sentenced Clarke to a month in jail on today’s matter but that will run concurrently.    

An English visitor, who was ordered to pay costs to the District ‘A’ Traffic Court and then left with immigration officials, will be allowed to remain in Barbados for the time being.

An urgent application was made to the High Court last week on Jordie Ntukila Divungula’s behalf, by attorney-at-law Keren Prescott.

On Wednesday, acting Magistrate Elwood Watts ordered the 20-year-old student to pay $300 costs to the court, after he admitted having four grammes of marijuana on him on Tuesday. Police found the marijuana after they searched a car in which he was travelling.

Watts felt that since Divungula was leaving the island soon, the best option would be to impose a fine. However, attorney-at-law Samuel Legay rose and spoke as a friend of the court. He asked the acting magistrate to consider costs rather than a fine, since the imposition of a fine would amount to a convictionm, which could affect Divungula’s chances of not only returning to Barbados, but visiting other countries as well.

No conviction was recorded against him and the cost was paid. However, since Immigration officials wanted to interview Divungula afterwards, he left with them.    

When Prescott, who does not know Divungula, saw him leave the courtroom in handcuffs and knowing that he had no conviction, she felt that it “just cannot be right”. So she made her way to Grantley Adams International, where Divungula was waiting to be deported. She spoke to him there and subsequently made the application.

The result of that late application is that Divungula will be allowed to remain here until July 31, when the attorney has to return to court for the substantive application to be heard.

“I am pleased that he has gotten to enjoy the Crop Over activities,” Prescott said.

Complainant Kevin Johnson would like to get back his passport, “at least $2 000 and the jeans”.

Two weeks ago, Kemar Renaldo Barton broke into Johnson’s home and stole items worth $4,201.70, including $3 000 in cash, a Samsung S3 cellular phone valued at $800, a Guyanese passport and a pair of jeans.

The 22-year-old, of no fixed place of abode, pleaded guilty before the District ‘A’ Traffic Court, but said Johnson was willing to drop the matter once he gets his money back.

However, Johnson did not show up for court last week since he was not told to do so. The matter was therefore adjourned until today so that the court could determine whether what Barton said was true.

Johnson was saving towards a trip overseas and on the night of the incident, he awoke to find a shadow in his bedroom. Barton stole the items and ran. He later handed over only the cellular phone and US$140 to police.

When the case came up before acting Magistrate Elwood Watts earlier today, Barton’s attorney Oliver Thomas said his client was willing to hand back over the jeans, and to repay the $2 000 if given time, but was no longer in possession of the passport.

Acting Magistrate Watts said once the complainant was satisfied with that, the court would not override it but his concern was that Johnson must now decide what he will accept in lieu of the passport and, moreso, the fact that Barton had no fixed place of abode.

However, Barton’s employer, who spoke on his behalf last week, stood as surety for him today. Barton will now be residing with him as well.

The case was adjourned until August 11.

Antonio Alphonzo Matthews has to pay his stepfather $1 800 for damaging his vehicle last month.

The 34-year-old welder of Headley’s Land, Bank Hall, St Michael, was back before Magistrate Douglas Frederick for sentencing yesterday.

He had pleaded guilty earlier to assaulting his stepfather John Wilfred, occasioning him actual bodily harm, and also to damaging his truck on June 28 this year.

The two had argued and fought and the matter was reported to police.

However, after they returned home, Matthews beat his stepfather while he was sitting under a shed.

The estimate for repairs totalled $1 800 but in an effort to help Matthews avoid jail, Wilfred said last time that he would accept $800
and wait for the remainder.

In court yesterday, Matthews said he only had $400, which he paid.
By the time he returns on August 7, he must have another $400. He was also ordered not to venture within 100 yards of Wilfred’s home nor to approach him.

After receiving a presentencing report on a 54-year-old carpenter who admitted beating his wife and threatening to cut her up, Magistrate Douglas Frederick accepted the probation officer’s recommendations and remanded the man to the Psychiatric Hospital.

Derek Wong, of #5 Free Hill, Black Rock, St Michael returns to the District ‘A’ Magistrates’ Court on August 10. He pleaded guilty in May to assaulting his wife and using the words “I gine stab you in you neck” and “I would cut you up and no one would hear you.”

The Court heard on that occasion that Wong is a heavy drinker and, as a result, had been physically and verbally abusive to his wife during their 10-year marriage.

On May 30, Wong cuffed his wife in the head before grabbing a knife from the kitchen threatening the woman. This was done in the presence of one of their sons, who held on to his mother in an effort to protect her.

When she began screaming, her eldest child came out of his room and he too intervened in an effort to get Wong to stop. She then went to a neighbour’s house and reported the matter to the police.

When Wong reappeared in court yesterday, he explained that one of his issues was that he did not want his wife to work so he “puts the money there.”

“But this behaviour can’t work in 2015,” Magistrate Frederick told him. “Women are going out to work because they want to be independent. More of them may be working now than men,” he added.

A 22-year-old St Michael man is out on bail but he must be “off the streets of Barbados by 7 p.m”. and must not leave his Barkers Road, Haggatt Hall residence before 6 a.m.

When Rachad Rudolf Hoyte appeared in the District  ‘A’ Magistrates’ Court yesterday, he was not required to plead to unlawfully and maliciously engaging in conduct which placed Mauricio Chase in danger of death or serious bodily harm on June 24.

Hoyte, an engineer, also faced a second charge of riding his motorcycle in a manner dangerous to the public on the same date. He denied the charge.

Sergeant Theodore McClean told the court the first offence was serious. With regard to the second, the police prosecutor said it was necessary to “protect society from persons engaging in dangerous and reckless behaviour which is likely to cause others harm” or make them fearful of harm.

McClean also told the court that the accused had fled from the scene after the incident.  He argued that if granted bail, Hoyte might not only fail to come to court, but might commit other offences.

Angella Mitchell-Gittens, attorney for Hoyte, explained that the charges came about “over a month ago”. She said police never went to Hoyte’s home to look for him, he was never placed in the media as ‘wanted’ and it was only on Saturday night while at a fete, that he was approached by a police officer.

“If there was ever a time to flee, that would have been the time,” Mitchell-Gittens stressed, since “there were hundreds of people at the fete”.

“The Bail Act states that you must have substantial grounds (to deny an accused bail), not that a prosecutor has fears,” she contended.

“The fact that the offence is serious is a factor to be considered by the court, not a ground for denying bail.”

The defence attorney pointed out that the charges arose out of circumstances where someone felt threatened by the way in which Hoyte rode his motorcycle.

Hoyte was eventually released on $15,000 bail. As a condition, he also has to report to a police station thrice weekly.

A 73-year-old retiree appeared in the District ‘A’ Magistrates Court this afternoon, charged with causing a woman’s death by dangerous driving almost a year ago.

Adolf Hyvester Mayers, of Carlton Road, Lower Carlton, St James was not required to plead to the charge which Magistrate Kristie Cuffy-Sargeant read to him.

Mayers is accused of causing the death of Rosean Oliviea Moore last August 30 by driving a car on the Spring Garden Highway in a manner dangerous to the public, not having regard to the nature, condition and use of the road, as well as the amount of traffic which was actually on the road or likely to be, at the time.

Mayers was reportedly struck while walking along the Highway.

There was no objection to bail, in the amount of $15, 000. The case was adjourned until September 30, when the accused will appear in the District ‘A’ Traffic Court.

Two sisters for whom police issued a wanted bulletin back in May have been remanded.

Shakira Bailey and sister Tiffany.

Tiffany Nikita Bailey, 26, and Shakira Krystal Bailey, 24, both of 8 Grazettes Court, Grazettes, St Michael, appeared in the District A Magistrates Court today on charges of burglary and wounding with intent.

Tiffany Bailey and sister Shakira.

Police also charged Tiffany in connection with the June 5 theft of a motor car and a sum of money.

Following their arrest on Sunday, their mother, Barbara Rosita Bailey, has also been charged with harbouring the offenders.

Either way, Wayde McLloyd Grant was going to HMP Dodds today.

The 42 year old man, of no fixed place of abode, went before acting Magistrate Elwood Watts in the District ‘A’ Traffic Court charged with having apparatus which was fit for use in connection with cocaine. It was found on him earlier today.

However, there were still two strikes against Grant; not having a fixed place of abode and having an unpaid fine which was imposed on him in April by then acting Magistrate Alliston Seale for another drug-related offence.

Watts explained to Grant that in any event he would have difficulty getting bail once he had no fixed place of abode. Grant, who was dressed in a cut-off khaki shorts with the waist rolled over, a dirty black t-shirt and no shoes, had a solution to that.

“You could give me personal bail,” he proposed. “I could work wid dah.”

He was sentenced to the alternative of two months’ imprisonment for not paying the fine. Today’s matter was adjourned.

Magistrate Douglas Frederick dismissed two 2011 cases which came up for hearing in the District ‘A’ Magistrates’ Court today.

The first was against three St Michael men: Carlo Robert Taylor, 23, of Peterkin’s Land, Bank Hall;  Brian Rasheen Forde, 26, of 15A Crestview Terrace, Eden Lodge and Javere Marlo Alleyne, 25, of Block 10 Patience Drive, Eden Lodge.

The trio pleaded not guilty to entering Nigel Webb’s house on April 14, 2011 and stealing clothing, belts, jewellery, sneakers and US currency, totalling $28 080.

After the prosecutor reported that efforts had been made to have the file available but it still was not, he asked for an adjournment. The Magistrate then asked the accused men to respond.

“This case was going on for years, Sir, and it ain’t going nowhere,” one said.

A second accused reminded the Magistrate: “You promised a final adjournment the last time so I was looking forward to that this time.”

“I looking for a dismissal,” he added.

The last accused recalled that “on the last occasion, you told the prosecutor man to bring the complainant”.

“If I say something, I really should be a man of my word. Otherwise, my word doesn’t mean anything,” Magistrate Frederick responded.
“Case dismissed.”

Another case against Ryan Christopher Leach, of #42 Clearview Drive, Wotton Terrace, Christ Church, also suffered the same fate.

Leach was charged with the July 3, 2011 offence of unlawfully and maliciously inflicting serious bodily harm on Gaynel Jackman.

When the prosecution requested an adjournment, it was denied.

“This is a matter from July 2011. That is a long time. I can’t give you a further adjournment,” Magistrate Frederick said.

Having a drink too many landed Chesterfield Asquith Clarke before the District ‘A’ Traffic Court today.

“Sir, it was my birthday [yesterday] so I was enjoying myself and having a go od time. It was my day so I was celebrating my day.”

That was Clarke’s explanation for causing a disturbance along Bay Street – one of two charges he faced.

When the shoe repairman went before acting Magistrate Elwood Watts, he pleaded guilty to that offence and to assaulting a police sergeant in the execution of his duties.

Sergeant Theodore McClean told the court police responded to a report of a fight at Sol Banyan on Bay Street. When they arrived, 51-year-old Clarke was pointed out as one of the persons involved.

McClean said when the officer spoke to Clarke, he became more and more aggressive, was loud, cursing and began shoving his hand in the lawman’s face.

That behaviour continued even after Clarke was informed that he was committing arrestable offences.

Today, Clarke explained: “I ain’t no smoker. I does drink . . . I respect the law, Sir. When I drink, I might touch them (the police) up.”

The acting magistrate informed Clarke that “I had a birthday earlier this month too, and I enjoyed myself. But you can’t enjoy yourself to the extent that it brings you before the courts”.

When Watts told Clarke to apologize to the policeman, he remarked: “I apologize to he 24/7, right through to 48 hours, Sir.”

The officer confirmed this, adding that Clarke was “definitely under the influence because he is not normally like that”.

Clarke was then fined the maximum $10 under law for the offence of causing a disturbance and warned not to let it happen again.

He was convicted, reprimanded and discharged on the assault charge.

A 25-year-old man changed his plea when he reappeared in the District ‘A’ Magistrates Court before Magistrate Kristie Cuffy-Sargeant.

Winfield Renaldo Hobbs, of Harmony Hall, St Lawrence, Christ Church admitted to having 5.3 grams of cocaine on him when police carried out a search on January 30, 2013.

Sergeant Janice Ifill told the court that on that date, police were patrolling the area when Hobbs began walking towards them. However, he hesitated as he got closer, which caused the policemen to become suspicious.

They requested a search and found a transparent plastic bag tied to his boxers. The bag contained seven wrappings of cocaine. Hobbs admitted ownership and told police that a man had given it to him to pass on to another man.

Hobbs asked the court today to be lenient since he was not using the substance and selling it was not his intention. He explained that he took it from a cousin who was using it heavily before his family organized for him to go to rehabilitation.

“I even forget I had it on me that is why I end up walking past the police,” he said.

The first-time offender will return to court on Friday for sentencing.

COURT DENIES
STATE’S REQUEST IN DRUG APPEAL

Director of Public Prosecutions Charles Leacock had argued the state’s case against the four convicts.

Government’s attempts to prevent four convicted drug traffickers from taking their case to the Caribbean Court of Justice (CCJ) received a fatal blow today when the country’s highest court shot down the state’s request.

The CCJ today said it would grant the four Guyanese, Omwattie Persaud, Lemme Campbell, Gavin Greene and Rohan Rambarran leave to challenge the local Court of Appeal’s decision to dismiss their appeal on the grounds that they had given notice three weeks after their conviction instead of after the sentencing date.

The regional court said it wanted to clarify this matter, as well as the local appellate court’s decision not to entertain applications from the convicts for an extension of time to lodge their appeal because it had no jurisdiction to hear those applications.

The four men were found guilty in 2009 and sentenced to concurrent jail terms of between 15 and 30 years. They gave notice of appeal three weeks after their convictions and, in dismissing the appeal, the Barbados appellate court ruled on April 5, 2015 that the notices had been filed on the wrong date.

The state attempted to block their appeal to the CCJ on the same grounds, but in handing down their judgment from Trinidad via video conference today, the regional jurists said they disagreed with the main reasons advanced for not wanting the CCJ to hear the convicts’ appeal.

Director of Public Prosecutions (DPP) Charles Leacock, Principal Crown Counsel Anthony Blackman and attorneys for the prisoners gathered in a special room at the Supreme Court in Bridgetown for the ruling which was delivered by Justice Nelson on behalf of colleagues Justices Wit and Hayton.

”We think that the issue whether the time for appealing against a conviction . . . runs from the date of conviction or the date of sentence is crucial for proper functioning of the administration of criminal justice in Barbados, and therefore, a point of law of great public importance which needs to be settled in Barbados by the authoritative ruling of a fuller Bench of this court,” Justice Nelson said.

He said the CCJ also needed to answer once and for all, the question as to if the time for appealing against the conviction did not run from the date of sentence, as asserted by the applicants . . .”there is a further point of law that needs to be fully dcecided by an expanded panel of this Court”.

”The applicants’ appeals against conviction having been dismissed as being out of time; was the Court of Appeal correct to hold that it could not hear applications from the applicants . . . for an extension of time to appeal against conviction because it had no jurisdiction to hear such applications which, in any event, were an abuse of process?” asked the regional court.

“We grant special leave to cover these points only. We also grant leave to the applicants (other than Rohan Rambarran) to appeal as poor persons,” the judgement added.

The CCJ has set November 9 to hear submissions on the appeals. (EJ)

Sisters Tiffany and Shakira Bailey.

Two sisters, who pleaded guilty today to breaking into their aunt’s home and stealing, will be sentenced next month.

Tiffany Nikita Bailey, 24, and Shakira Krystal Bailey, 26, both of #8 Grazettes Court, Grazettes, St Michael, admitted entering Shanell Smith’s house on May 14 this year and stealing a Bible, a knife, scissors and a cellular phone.

According to Sergeant Theodore McClean, the women went to their aunt’s house around
9 a.m. She was surprised to see them because they did not normally visit, but she opened the door and invited them in.

When they asked Smith for some money, she told them she had none. However, while Smith was standing talking to her nieces, four men barged into the apartment.

When Smith asked what was going on, the men pushed her on to the bedroom floor. She struggled with one of them but was held down by the sisters.

The apartment was searched and the items taken. They all left the scene together, the prosecutor said.

During their interview with police, the Bailey sisters admitted going to their aunt’s house. The other accomplices are still being sought, Sergeant McClean explained.

Oliver Thomas, attorney for the accused women, told the court that according to his instructions, it was only one man who entered the house and not four.

Additionally, he said, Smith gave the women food items that day and they later returned the Bible. However, the prosecutor could not confirm whether the Bible or any of the other stolen items had been returned.

Against this backdrop, acting Magistrate Ellwood Watts decided that the matter ought to be adjourned rather than dealt with right away. He felt that before he sentenced the women, it was “material” to find out from the complainant whether they had in fact been four men or one, since four would further aggravate the offence.

When the question of bail arose, Sergeant McClean said the offences were serious, the women had been “on the run” from police, and society needed to be protected from them.

Station Sergeant Irvin Kellman added that the prosecution was “very strongly” objecting to bail for the women, since both were currently on bail from another court.

When they were last scheduled to appear in that court on July 6 this year, their co-accused showed up “but these two did not”, the lawman explained.

He further informed the court that a warrant of arrest had already been issued for Tiffany.

Considering their guilty plea, their pending matters and their non-attendance at court,
Watts remanded the sisters to HMP Dodds until August 7.

Meanwhile, Tiffany is to appear in the District ‘B’ Magistrates’ Court on August 4 to face a charge of robbing Jason Thomas of a car and $500 on June 5.

Two days later, she is to go before the District ‘E’ Magistrates’ Court on a charge of unlawfully wounding Chantel Toppin with intent to maim, disfigure or disable her or to do her serious bodily harm.

That offence is alleged to have occurred on February 12 this year.