The speech and mannerisms of a 61-year-old accused man prompted Magistrate Douglas Frederick to send him to the Psychiatric Hospital for observation.

Charles Aubruy King, of Passage Road, St Michael, was in court on a charge of assaulting Gloria Payne and occasioning her actual bodily harm. Last month, he went before another Magistrate and was remanded until today.

When Magistrate Frederick suggested an evaluation, King replied: “No Sir, no sir, no sir . . . ”

He stuttered: “I was remanded to Glendairy to come down today. My bail was withheld because they felt that I would go back out and commit the same offence.”

When the magistrate tried to address King, the accused answered: “Sir, I must explain things to you.”

“Your mannerisms tell me I have to find out something more about you. I will send you to the Psychiatric Hospital for them to assess you and send me a report. Then I would know better how to deal with you,” Frederick said.

“So my feelings and everything I could tell them? And they will listen and come back and tell you, sir?” King asked.

“Yes,” replied the Magistrate.

“Your worship, respect sir,” the accused said.

Frederick also encouraged King to try and get visits from family members while he is there so someone can attend court on his behalf next time “so I can get the bigger picture. So step out (of the dock”)

“As your worship pleases,” King ended.

“If you are being abused, battered, beaten or threatened [then you ought to] think seriously about that relationship.”

That was the advice which Magistrate Kristie Cuffy-Sargeant gave to a woman who decided against pursuing a domestic violence case against her ex-boyfriend
earlier today.

Ramon Akeem Doyle had pleaded guilty to unlawfully assaulting Gabrielle Scantlebury on Sunday.

Police prosecutor, Sergeant Janice Ifill, told the court that the two had quarrelled over a SIM card belonging to the woman, whom Doyle eventually held by the throat and pushed on to the floor.

The Leinster Road, Waterford, St Michael man explained that Scantlebury raised her hand at him first and he blocked the lash and “moved her from in front of me”.

“No injuries were made to the body,” he said.

When the complainant came to the witness stand, Doyle apologized to her, saying “What I did was inappropriate at the time”.

The woman also told the court that she had something to say. She recounted that after the incident, she ran to the police station with a child in her arms with Doyle chasing and threatening her.

Even after she entered the station, he ran inside behind her, she said.

Scantlebury also said that she asked the police officers for time to decide whether she wanted him to be charged or not but since she had already signed a document, she was told that she would have to let the court know that.

Today she asked the court “to warn him”.

“Are you serious? You’re not serious,” Magistrate Cuffy-Sargeant replied.

“You are not cattle, not a thing, not a piece of furniture,” the Magistrate reminded Scantlebury, “and anytime he is laying his hands on you, it should be in a gentle manner”.

“The police were right in telling you what they told you . . . if that is the way your relationship is going. When you are serious, you can come back to court for a protection order before something serious happens,” Cuffy-Sargeant concluded.

The matter was dismissed.

Jason Cecil Spencer, 34, of no fixed place of abode, was remanded to HMP Dodds today after appearing on a charge of murder before Magistrate  Kristie Cuffy-Sargeant in the District ‘A’ Magistrates’ Court No 2.

Spencer was not required to plead to the indictable charge of murdering Charles Ellis on May 27 this year. He will reappear in court on September 7.

In a related case, a St Michael woman has been charged with harbouring Spencer on August 7, while knowing or believing that he had committed murder, and concealed him in a building with intent to impede his apprehension or prosecution.

Karen Natasha Nurse, of Block 2 Valery High-rise, Brittons Hill, appeared on the charge before Magistrate Douglas Frederick in District ‘A’ Magistrates’ Court No. 1 on Saturday. She was granted $5,000 bail.

Jaleel Kadeem Callender was back before the law courts again today.

This time, the Block 2C Barbarees Gardens, Barbarees Hill, St Michael resident was there on charges of using an unlicensed firearm and unlawfully wounding Marvin Victor on July 22 this year, with intent to maim, disfigure or disable him or to do him serious bodily harm.

Callender, who appeared before Magistrate Kristie Cuffy-Sargeant in the District ‘A’ Magistrates’ Court No. 2,
was remanded to HMP Dodds until September 7.

The last time when Callender appeared before the court in February this year, Magistrate Douglas Frederick expressed frustration over the fact that the accused man was already facing charges, had been granted $60,000 bail by the High Court and yet had come back on three more charges.

Callender’s new charges upped the total to eight matters he now has pending before the courts.

During his last court appearance in February, Magistrate Frederick also expressed concern about Callender’s safety.

His appearance then was related to allegations that on November 23, 2014, he unlawfully and recklessly engaged in conduct which placed Marvin Victor and Akeem Waithe in danger of death or serious bodily harm, and intentionally damaged Victor’s car on the same date.

Callender was not required to plead to these indictable charges.

“I think prison is the best place for you,” Magistrate Frederick told Callender in February.

“I suspect you may be in danger – and if I keep you, you may not be.”

Asked whether he still wanted bail in light of the Magistrate’s advice, Callender replied in the affirmative.   

Allan Carter, attorney for the accused, said his client was already reporting to a police station in relation to the High Court bail.

Magistrate Frederick eventually granted Callender $20,000 bail.

Michael Anthony Brathwaite, of no fixed place of abode, will have a permanent address for the next nine months at least.

Magistrate Douglas Frederick sentenced the 43-year-old man on Saturday to that amount of time at HMP Dodds after he pleaded guilty to robbing Kenneth Duncan of a cellular phone on July 20.

The facts which the District ‘A’ Magistrates’ Court heard were that Duncan was at a bar and left to go to Tudor Street to purchase some cigarettes. He had to go through a track to reach where they were being sold. While on his way, Duncan saw a man standing at the entrance of the track.

After walking past the man, Duncan felt a hard blow to the top of his head. He fell to the ground, dizzy. He then felt someone remove his wallet and cellular phone from his pocket. Duncan subsequently sought medical attention for a laceration to the head and a dislocated shoulder.

After he was taken into custody by police, Brathwaite admitted robbing Duncan. He said he had sold the phone to a stranger and bought drugs with the money.

The two men who were apprehended during yesterday’s drug bust off Paradise Beach, St Michael have been remanded to prison. Hamilton McDonald Branch, 45, of Sherbourne #3, St John and Michael Ricardo Headley, 35, of Guard Low Path, Waterford, St Michael were charged with possession, possession with intent to supply, trafficking and the importation of 405 pounds of cannabis when they appeared in the District “A” Magistrates’ court today.

Ricardo Headley (left) and Hamilton McDonald Branch

The two were the occupants of a fishing boat that lawmen intercepted about half a mile from the beach and seized eleven polythene bags containing the drugs.

Branch and Headley will reappear in court on September 8th, 2015.

A security officer pleaded guilty to four drug charges when he went before the District ‘A’ Magistrates’ Court today.

Sandor Maurice Barker of #43 Neem Close, Lower Burney, St Michael admitted to possession, intent to supply, trafficking and cultivating 247 grams of marijuana on August 10.

Barker went before Magistrate Kristie Cuffy-Sargeant and will return before her on October 2, by which time a pre-sentencing report which was ordered on him, should be available.

Sergeant Neville Reid told the Court that after receiving information, police went to execute a search warrant at Barker’s home. When they arrived, Barker was in his backyard.

Reid said he looked toward the police, pulled up six marijuana plants from some pots and ran off. He was pursued and caught and he admitted the plants were his.

Attorney-at-law Arthur Holder told the court that his client was a 45-year-old who “has a hitherto clean record – not even a traffic offence, mam.”

He further explained that the father of two was married and completing a degree.

“He poses no threat to society,” Holder contended, as he asked that the convicted man be granted bail which was set at $3,000.

A 46-year-old Jamaican driver was sentenced to 18 months imprisonment for bringing seven pounds of cannabis into Barbados on Saturday.

Richard Clive Sewel, of Gravel Road, Clarendon, was handed the sentence by Magistrate Laurie-Ann Smith-Bovell at the District ‘B’ Magistrates Court.

When Sewel arrived at the, he cleared Immigration and was interviewed by police on the suspicion that he had drugs.

His suitcase was searched by Customs and a false bottom was found. Inside were 10 packages wrapped in aluminium foil and tape. He later admitted to police at Oistins Police Station that the marijuana was his.

Along with the 18 months for trafficking, Magistrate Smith-Bovell also sentenced him to 18 months for importation and intent to supply. Both terms will run concurrently.

Sewel was convicted, reprimanded and discharged on the count of possession.

Kevin Johnson should be repaid $2,500 of the $3,000 which was stolen from him, as well as compensation for a pair of jeans.

When Johnson reappeared in the District ‘A’ Traffic Court today, it was to inform acting Magistrate Elwood Watts that he and Kemar Barton had reached a decision through Barton’s attorney Oliver Thomas.

A few weeks ago, Barton broke into Johnson’s home and stole items worth $4,201.70, including $3,000 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.

Johnson was saving toward a trip overseas and on the night of the incident, he awoke to see a shadow in his bedroom. Barton made off with the items and later handed over only the cellular phone and US$140 to police. The passport was not recovered.

Acting Magistrate Watts said once the complainant is satisfied with the arrangement, the court would not override it but his concern was that Johnson would decide what he would accept in lieu of the passport and more so, the fact that Barton has no fixed place of abode.

Beginning August 21, Barton must pay $100 every Friday until the $2,500 compensation is repaid, plus a further final payment of $135 for the jeans.

“I prefer it to be paid through the court,” Johnson requested. “I’m not collecting cash from anyone Sir.”

Barton is also expected to be sentenced on that date for the offence.

Even though he was five years late, Dwayne Allister Marshall came to the District ‘D’ Magistrates’ Court today to find out what was going on with his case.

Marshall, of 1st Avenue Gills Gap, Eagle Hall, St Michael, is accused of assaulting Tamisha Griffith on January 29, 2009. The 34-year-old steel-bender came to the District ‘D’ Magistrates Court voluntarily, in relation to a 2009 warrant of arrest which was issued for him, for non-appearance at court.

“Where were you since 2009?” asked Magistrate Ian Weekes.

“I was incarcerated since 2009,” Marshall said.

“When in 2009?”

“I went to court before Magistrate Frederick and had to compensate the woman and I paid a fine. He told me to keep from around her . . . ”

Magistrate Weekes intervened and tried to tell Marshall that the warrant related to an alleged assault on Tamisha Griffith. The accused man replied:

“Oh, I have four matters, Sir . . . but I was incarcerated and you know I can’t open the gates and come out. I come here generously Sir, not to tell no lies . . . ”

“Stop talking. You all young people talk too much. Try and process what is going on,” Weekes advised.

“This warrant was issued because you did not appear in October 2010. You are using the excuse that you were in prison. Since you failed to appear then, we have to know what period you were incarcerated.”

“On October 13, I was charged and incarcerated for serious bodily harm,” replied Marshall, going on to say that he was remanded for “three months and three weeks”. He also agreed with the court that by January he was out of prison.

“So what year are we in now, Sir?” the Magistrate asked.

Marshall explained that since he was incarcerated, he never knew his new court date nor had he ever checked back with the court.

“Did you call your lawyer at any point to ask about the case?” Weekes asked.

“No, because when I was in jail, I hear that the Magistrates get change around,” Marshall pointed out.

“What does the transfer of Magistrates have to do with your appearance at court in 2011, 2012, 2013 or 2014? I am getting tired of you all coming in here as illogical as ever . . . ,” Weekes stressed.

“But don’t forget I get 18 months from Magistrate Deborah Holder too,” Marshall replied.

Magistrate Weekes then chided Marshall for not informing the court that he was imprisoned and seeing after his business. He then withdrew the warrant and adjourned Marshall’s matter until October 20.

“Go along before you end up confusing me,” Weekes concluded.

A St Michael man was ordered to begin anger management classes as soon as possible, even before he is sentenced after entering a guilty plea in a matter involving his former girlfriend.

That order was given to Ryan St Abeean Jean-Marie, a resident of 4th Avenue Pickwick Gap, St Michael when he returned before acting Magistrate Elwood Watts today for the continuation of his case.

Watts had adjourned the matter last week because he wanted to hear from the complainant.

The court was told by the police prosecutor about a quarrel which occurred between Jean-Marie and his former girlfriend, and how he had snatched her handbag and ran off. When he returned it later, it had $100 less inside. When the woman questioned him about it, he pulled a gun on her.

Jean-Marie, a caretaker, pleaded guilty to charges of robbery and assault. However, he insisted that he only took $20 and there was no gun involved.

The woman told the court today that there was a gun involved and that Jean-Marie had also slapped her in the face at the time of the incident.

Watts therefore told Jean-Marie to enrol in the anger management classes at the Psychiatric Hospital immediately and return to court on August 19 with the details.

He is expected to be sentenced then.

In March of this year, someone reported to police that Ferdinand O’Brien Cumberbatch was beating his pregnant girlfriend with a stick.

As a result of this report, when police saw him driving along Bridgefield, St Thomas on August 8, taking home the woman and their baby, they intercepted the vehicle.

Subsequently, while Cumberbatch was being interviewed, police discovered that the 37-year-old Denton Road, Grazettes, St Michael man had no valid driver’s license.

When he appeared in the District ‘D’ Magistrates’ Court on Monday, Cumberbatch pleaded guilty before Magistrate Ian Weekes both to assaulting the woman and having no driver’s licence.

However, the court learnt that Cumberbatch had been placed on a bond for one year by a Bridgetown court last September after he admitted stealing items from the same girlfriend.

The bond was granted on the understanding that a breach would land Cumberbatch in prison for 12 months. As a result of him doing so, the suspended sentence automatically took effect on Monday.

Cumberbatch was sentenced to another 12 months, to run concurrently, for assaulting the woman. He was convicted, reprimanded and discharged on the charge of not having a valid driver’s license.

A Bridgetown court today dismissed two cases of theft and money-laundering against an attorney-at-law.

Magistrate Douglas Frederick dismissed the matters in which Philip Vernon Nicholls was accused of stealing $674 172 from Hazel Connor between February 28, 2008 and October 16 that same year; his second charge was that he engaged in money-laundering by disposing of the same funds.

Nicholls, 55, lives at #14 Dover Mews, 3rd Avenue Dover, Christ Church. He was represented by attorney-at-law Elliott Mottley QC.

When the case came before the District ‘A’ Magistrates’ Court No. 1 last month, the prosecution handed over partial disclosure. The date of August 13 was given as the date for a report of any progress made by the prosecution, in filing an ex-parte application with the High Court to acquire certain documents needed to complete the file.

There was no information forthcoming today in relation to that.

Mottley argued that more than two years had elapsed since Nicholls first came to court and the matter still had not started. He has “a constitutional right to disclosure,” Mottley said, as he made reference to disclosure being handed over in six weeks’ time during his tenure in Bermuda.

The senior lawyer added that Nicholls’ work has also been affected since he has not been able to clear his name.

The magistrate responded by saying that disclosure needed to be made available in a more timely manner since the lack of the production of files was happening “too often.”

‘This puts me in the same position as that other case (recent dismissal of several charges against two men involving over $560 000).

Frederick again referred to upholding his integrity and the fact that he had asked “for certain small goals to be met and they were not achieved…”

“This puts the court in a bad position,” he said.

“It seems as though you all are very slow-moving in that fraud department,” he added.   

The magistrate also reminded the prosecution that on a former occasion, attorney-at-law Andrew Pilgrim had also referred to the fact that Nicholls was a lawyer who made his living based on trust and if the matter continued hanging over his head, it would adversely affect his ability to make a living.

“You all have an option; you can re-lodge the matter but today, I am dismissing it,” Frederick said.

Two men whose bail application was refused last week, were granted bail today at $15,000 each.

Jose McDonald Belle and Ryan Andre Smith, both of Storey Gap, Codrington Hill, St. Michael, first appeared before acting Magistrate Elwood Watts last week, on a charge of unlawfully wounding Arlond Atwell with intent to maim, disfigure or disable him, or to cause him some serious bodily harm on Kadooment Day.

On that occasion, Station Sergeant Irvin Kellman expressed concern that the complainant was still hospitalized and the charge could very well be upgraded should he take a turn for the worst.

The matter was adjourned until today so the court could be updated as to the complainant’s progress. The court heard today that he had been discharged from the Queen Elizabeth Hospital and the prosecution thereafter withdrew is objection to bail.

The accused are now to report to a police station every Friday before 9 a.m. and are not to interfere with or harass Atwell “in any way, either directly or indirectly”.

Belle and Smith return to court on October 6.

When a murder case came up for hearing again today, the prosecutor told the District ‘A’ Magistrates’ Court No. 2 that he was not in possession of a file related to the matter.

He said his instructions were that the file was with the Office of the Director of Public Prosecutions.

In the case, Kemal Akeem Yarde, 25, of 1st Avenue Rock Gap, Spooners Hill and Kemar Omar Yvonne Leacock, of Buckingham Road, Bank Hall, both in St Michael, are accused of murdering Jermaine Harper on July 30, 2014. The two went before Magistrate Kristie Cuffy-Sargeant.

In her address to the court, defence attorney Angella Mitchell-Gittens submitted that “the court needs to send a strong message when it comes to murder-accused . . . ”

“People have rights in this country and if a whole year had come and gone and not one witness has taken the stand, then where are we really going?” she asked.

The case “needs to be dismissed regardless of the charge and let the chips fall where they may”, the attorney stressed, asking for the matter to be dismissed for want of prosecution.

She said “the Crown has a duty to adjudicate these matters with expediency” and that responsibility is even greater “when the accused is in custody”.

Sergeant Neville Reid assured the court that he would “make every effort to update the court on the next occasion” as to what stage the DPP’s office is at.

Responding, Mitchell-Gittens said she has “been getting updates every 28 days for the past year”. Hearing that “the file is with the DPP’s office doesn’t assist us,” she concluded.

Both accused were remanded again until September 10.

Two sisters who broke into their aunt’s home and stole several items from her will be sentenced next Tuesday. They were further remanded after reappearing in the District ‘A’ Traffic Court today.

Two weeks ago, Tiffany Nikita Bailey, 24, and Shakira Krystal Bailey, 26, both of #8 Grazettes Court, Grazettes, St Michael admitted breaking into Shanell Smith’s house on May 14 this year and stealing a Bible, a knife, scissors and a cellular phone, valued at $235.

The two sisters went to their aunt’s house and after she invited them inside, they asked for money. Soon after, four men barged into the apartment and Smith was held down by the young women while her apartment was searched.

Defence attorney Oliver Thomas said in court last time that only one man entered the house and not four and that his clients had returned the Bible. Since the prosecutor could not confirm whether the Bible or any other stolen item had been returned, and acting Magistrate Elwood Watts felt it was “material” to find out from the complainant whether there had in fact been four men or one, the matter was adjourned until today.

Smith insisted today “it was four men, sir”. She also said she got back her Bible the same day, after recalling that it had been taken from her house. Questioned by Thomas, Smith said she only invited her two nieces inside her house that morning and “no-one else”. She added that while her nieces had her down, she “could see all around” and she saw four men.

Tiffany Bayley also gave sworn testimony today. Included was the fact that she, her sister, and another man all went to the aunt’s house on May 14 but she alone “take up the Bible. My sister did not do nothing, sir”, she insisted.

Tiffany said she took the Bible, “read it and give her back”.

Questioned by Watts, she did not recall anyone taking a cellular phone, knife or scissors, or $15 from her aunt’s place. Asked why she never disputed the facts which were read by the prosecutor in relation to those items, Tiffany said she did not understand at the time.

Watts however determined that the “court accepts the complainant’s version [of events] that there were four men who came in the house behind the two sisters.

A George Street, Belleville, St Michael man appeared in a Bridgetown Court today on five charges.

22-year-old student Suleman Ayyub Ekalvaya went before the District ‘A’ Magistrates’ Court charged with having an unlicensed gun, nine rounds of ammunition, cannabis, intent to supply the same marijuana and trafficking the drugs, all on
August 8.

Magistrate Kristie Cuffy-Sargeant remanded him to HMP Dodds until September 11.

Ekalvaya was represented by attorney-at-law Naomi Lynton, in association with Andrew Pilgrim QC.

The matters which Parkinson Secondary School Principal Jeffrey Broomes has against two St Michael women are set to begin on October 29.

The matters are that on December 10, 2013 Danissa Shontelle Foster, 23 and Helen Louise Gill, 56, entered Parkinson School premises and misconducted themselves by behaving in a threatening manner, that they unlawfully assaulted Broomes and damaged his vehicle.

The mother and daughter appeared in the District ‘A’ Magistrates’ Court today before Magistrate Kristie Cuffy-Sargeant. The cases were adjourned until October 15 but when Gill informed the court that she was travelling on October 6 and therefore would not be available, she was accommodated.

However, Magistrate Cuffy-Sargeant informed Gill that she should not have made travel plans without the court’s permission.

“There is a way we do things in court. You have to apply for permission to travel once you have a matter in court.”

Gill will return to court on September 25 to do so.

In October last year, Baggio Elson Roberto Roach was given a six month sentence, suspended for 18 months, after he confessed to burglary.

That sentence was automatically activated on Wednesday when he went before the District ‘D’ Magistrates’ Court and pleaded guilty to trespassing on the premises of Antoinette Williams on August 6.

Roach, 25, of Lakes Village, St Andrew trespassed on the premises on several occasions and despite being warned by police, kept returning. He was seen in the backyard more than once and went as far as peeping inside the house on one occasion.

Magistrate Ian Weekes sentenced Roach to six months for trespassing. That sentence will run concurrently with the other six-month one.

A man who injured a mother and daughter at the Valery high-rise complex in May has been sentenced to three months in jail.

Shakir Akil Elias Greaves of Block 9E Division Drive, Eden Lodge, St Michael returned before the District ‘A’ Magistrates’ Court today for sentencing by Magistrate Douglas Frederick.

Shakir Akil Elias Greaves

The 24-year-old painter faced charges of intentionally destroying Jalisa Springer’s cellular phone case and assaulting her on May 5 and then unlawfully and maliciously wounding the woman’s mother, Cherral Springer on May 11.

Greaves was not required to plead to his final charge of causing  serious bodily harm to Jalisa Springer with intent to maim, disfigure and disable her on May 12.

He had pleaded guilty on an earlier occasion to three of the four charges and a pre-sentencing report was ordered on him.

Today, Magistrate Frederick said he took the report into consideration, along with the fact that Greaves had already spent some time in prison on remand.

The Magistrate said he believed the offences “merit a custodial sentence” and therefore added three more months to the 92 days which Greaves had already spent at HMP Dodds.

He further reminded Greaves that he still has the last charge remaining, which is indictable and will have to be tried by a judge and jury in the high court.