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Man jailed for showing porn to children

Man jailed for showing porn to children

Saturday, June 10, 2017

A 54-year-old Arima man who showed pornography to two children was sentenced to 24 months in jail after being found guilty of the offences on Thursday.

Clifford Llewellyn a mechanic from Carapo, Arima, will also be registered as a sex offender in the Sex Offenders’ Register.

Llewellyn, who is alleged to have shown the children, aged eight and 10, child pornography while engaging in a sex act in their presence, was arrested in 2015 after the children’s parents reported him to the La Horquetta Police Station.

Llewellyn was found guilty by Arima Magistrate Gillian Scotland, who sentenced him to a total of 24 months on the two charges. However, he will serve 18 months as the sentences are to run concurrently. On exposing the children to pornography, Llewellyn was sentenced to six months in jail and for the second offence of engaging in a sexual act in the presence of the children, he was sentenced to 18 months in jail.

In a media release yesterday, the police service said Magistrate Scotland, in handing down the sentence, lamented the psychological impact such incidents have on the life of a child and the prevalence of abuse against children in the country.

Llewellyn was arrested on July 3, 2015, by Sgt Michelle Lewis of the Northern Division’s Child Protection Unit, after he was reported on June 28, 2015. The offences are alleged to have taken place at his home.

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canabis edibles

Groups call for guidelines regarding the safe use of cannabis infused edibles

KINGSTON, Jamaica, Jun 2, CMC –Two organisations here have called for the several bodies including the Bureau of Standards Jamaica, the Cannabis Licensing Authority as well as the University of the West Indies (UWI) to prepare a working committee that will seek to address proper guidelines governing the safe use and dosage of cannabis infused edibles.

The Ganja Growers and Producers Association of Jamaica (GGPAJ) and Scarce Commodity, said the recent ban on the sampling and sale of all cannabis infused edibles at entertainment events is a retrograde step and not one forthcoming with the emergence of Jamaica’s cannabis industry.

canabis ediblesThey said consultation and dialogue is needed to advance the discourse towards the implementation of regulated infused cannabis edible products that meet international standards and certification.

In a statement, the two organisations said they are cognizant of the fact that urgent action and attention must be directed to the thriving cannabis infused edible market, adding that the safety of the consumer is paramount in order to administer the therapeutic and medical value of this preferred delivery method of ingesting cannabis orally.

They also emphasised that an audit must be conducted into the existing modus operandi of the producers, dispensers and consumers of cannabis infused edible products, explaining that by doing so, one would be able to provide a comprehensive report of the existing framework and recommendations for standardised protocol to govern the production, distribution and sale of cannabis infused edibles.

“The Bureau of Standards Jamaica, Scientific Research Council, Cannabis Licensing Authority, the University of the West Indies should all prepare a working committee that will seek to address proper guidelines governing the safe use and dosage of cannabis infused edibles, standardised quantitative testing, protocol governing the raw material used and processing methodologies, training and certification for the producers and distributors of these products.”

In addition, the two organisations said that there is also great need for public awareness in regards to cannabis, in its entirety, to prevent reoccurrences of irresponsible usage of consuming cannabis.

They said the negative stigma being circulated in the international press will continue to deplete the integrity and ability for Jamaica to integrate itself within the global cannabis economy.

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court rul

High Court dismisses petition filed by well-known government supporters

BASSETERRE, St. Kitts, May 29, CMC – The High Court has described as “an abuse of the process of the court” an attempt by two supporters of the government to remove two Nigerian students and all Commonwealth citizens from the Register of Voters.

Rupert Earle and William Liburd had by a claim form filed on January 13, 2014, petitioned the High Court seeking a declaration that the two Nigerian students – Oluwabunmi Jesufemi Ayorinde and Osanoto Akolade Samuel – who were studying medicine here were not qualified voters in the general election.

court rulThey also claimed that a person entering the twin island Federation as a student under the Immigration Act is not a person qualified to be registered as a voter; is not a resident under the Immigration Act and that a Commonwealth citizen entering St. Kitts and Nevis is not ordinarily resident here so as to be registered as a voter under the National Elections Act.

The two well-known government supporters, who were represented by attorney Jonel Powell, who contested the 2013 general election, also sought a declaration that a person entering St. Kitts and Nevis under a specific section in the Second Schedule of the Immigration Act is disqualified from being registered as a voter for the purpose of electing representatives.

Earle and Liburd also sought a declaration that persons entering St. Kitts and Nevis as students under the Immigration Act, in the Register of Voters is contrary to law and thus null and void and of no effect and sought an Order of Mandamus to remove the two Nigerian students and all other persons entered on the Voters Register.

But in her judgement handed down last week, Justice Marlene Carter noted that “the National Elections Act has been the subject of much discussion and discourse, much of which has led to the Court having to make determinations on various aspects of that most important piece of legislation.”

She said that that Earle and Liburd through their attorney have pointed to no instance in which the registration process has been curtailed or interrupted by the court in a manner that they now seek to have the court do now.

“The effect of a declaration being granted would be to effectively usurp the decision of the Registration Officer and to circumvent the procedure as laid down by the provisions of the National Assembly Elections Act and the Election Registration Regulations.

“If the Court is to intervene in an action before the Registration Officer/Supervisor of Elections is afforded an opportunity to make a determination, this would seriously undermine the entire election scheme and process. The acts and rights that the Act and Regulations seek to regulate are sacrosanct in a democratic society. This principle has been stated again and again by these courts,” said Justice Carter.

She noted that Earle and Liburd made clear in their submissions that the matter is neither a judicial review nor a constitutional relief claim.

 “The respondents seek by way of declaration to circumvent the clear provisions of the Act. Given the very nature of the matters with which this Act is concerned and the nature of the right that it seeks to protect, this Court is unable to agree with the submissions of the respondents that it can intervene in a manner that is sought on the claim,”

The judge said that the High Court does not have the jurisdiction to intervene in the registration process in the manner sought by Earl and Liburd and referred to a ruling of Justice Ian Mitchell in the case Mark Brantley vs Joseph Parry in which Mitchell emphasized the importance of the notice provision with regard to objections of persons’ names on the Register of Voters and its vital function in the projection of the right to vote.

“This Court does not have the jurisdiction to entertain the claim as filed…the claim form is struck as being an abuse of process of the Court. This Court makes no order as to costs,” Justice Carter ruled.

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In the Magistrate’s Court – April/May

FLASHBACK Marijuana Cultivation in the Barzeys area

Towards the end of April and through early May from April 24, 2017 the Magistrate’s Court was busy as Chief Magistrate Lakmal Wickramasooriya, who was nearing the end of his appointment in Montserrat, disposed of several charges, sufficiency and bail hearings on varying matters.

On April 24, 2017, the Chief Magistrate adjudicated two matters involving Elvis Bradshaw of Salem and Kamron Kirwan of Davy Hill; also, involving Rhakeem Weekes of Look Out.

Both Elvis and Kamron appeared before the Magistrate on a charge of theft of three goats valued at $900. Both pleaded guilty resulting in a sentenced of both to four months imprisonment. Additionally, both men who were represented by defense counsel David  S. Brandt were fined compensation in the sum of $400.00 each to be paid in five (5) months. Failure to pay, they will serve two (2) months imprisonment. unrep

On the same day unrepresented Rhakeem Weekes appeared on a charge of unlawful sexual intercourse. Upon request by Director of Public Prosecution Oris Sullivan that the matter be set for sufficiency hearing, the Magistrate referred the matter to the High Court for hearing on June 30, 2017.

According to the police release, on April 25, 2017 Vaughn Fenton of Peaceful Cottage appeared before the Chief Magistrate on several charges to include a charge of aggravated assault on a male child which was subsequently changed to Common Assault, indecent language, threatening language, insulting language and Assault. Fenton was represented by Brandt.

Fenton subsequently plead guilty to the charge of common assault and the Magistrate ruled under section 3 of the Probation Act and imposed a Bond on Fenton for three (3) years to be of good behavior, in his own recognizance in the sum of $5,000.00. In relation to the other charges Senior Crown Counsel Kenroy Hyman offered no evidence in relation to the other matters hence the mattes were dismissed.

On April 27, 2017 Shill Blaize of Friths Salem represented by Attorney-at-Law Fitzroy Buffonge appeared before the Chief Magistrate on a charge of indecent assault. Upon presentation by Director of Public Prosecution (DPP) Oris Sullivan appearing on behalf of the prosecution the Magistrate referred this matter to the High Court for Sufficiency Hearing on the June 30, 2017.   

Same day in the magistrate courts, Charles Liburd of Look Out also appeared before the Chief Magistrate on several charges to include being armed with an offensive weapon, indecent language, being in possession of cannabis sativa with intent to supply to another and being in possession of cannabis sativa.

According to the police report, following presentation of a psychiatric evaluation of Liburd who was unrepresented by counsel, the DPP offered no evidence hence the mattes were dismissed.

A male juvenile the following day, appeared before Chief Magistrate Wickramasooriya on a charge of theft. Ruled guilty, the Magistrate ruled under Section 9 (1) (d) of the Juvenile Act and Section 3 of the Probation Act that the male juvenile be entered into a bond of good behavior for three years with one surety.

On the same day Frantz Germaine of Davy Hill appeared unrepresented in the magistrate’s court on several charges to include assault, assault on a police officer and resisting arrest. Germaine pleaded guilty to the assault charge and the Magistrate acting under Section 30 of the Penal code, caused Germaine to enter into a bond of good behavior in his own recognizance in the sum of $3,000.00 for a period of one (1) year. Crown Counsel Kenroy Hyman consequently offered no evidence in relation to the other charges.

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Privy council dismisses case of murder convict

BASSETERRE, St. Kitts, May 17, CMC – The UK based Privy Council has dismissed an appeal from a man who was convicted of the 2007 murder of his estranged wife.

Earlier this year Warrington Phillip approached the privy council after he was sentenced to life in prison for the murder of Shermell Williams Phillip.

COURTPhillip was convicted of the brutal stabbing death of his estranged wife in a Nevis court in 2008 and was sentenced to life imprisonment.

Phillip had previously made two  appeals to the Eastern Caribbean Supreme Appeal Court, both of which were dismissed.

His application to the Privy Council was his last resort to appeal his conviction.

Both Director of Public Prosecutions for St. Kitts and Nevis Valston Graham and Prosecutor Dane Hamilton QC , represented the Crown in the UK.

The case was heard in London in January but the judgment was handed down Wednesday with the conclusion being –  “For all the foregoing reasons, the Board will humbly advise Her Majesty that this appeal should be dismissed.”

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Justice Adrian Saunders

Judge surprised by CCJ’s ‘light’ caseload


KINGSTOWN, St. Vincent, May 17, CMC — A judge with the Caribbean Court of Justice (CCJ) has expressed “surprise” at the court’s “light” caseload in its original jurisdiction, 12 years after it was established.

“After 12 years, it is a little surprising that the court’s original jurisdiction caseload is still as light as it is,” Justice Adrian Saunders said in Kingstown on Tuesday.

“In the appellate jurisdiction, the court has delivered over 140 or so judgements but we have heard less than a dozen cases and delivered about 20 judgements in the original jurisdiction,” he said.

Justice Adrian Saunders
Justice Adrian Saunders

Saunders’ comments came as he delivered a lecture entitled “The Treaty of Chaguaramas: Conflicts and Contradictions for the Island State”.

The lecture is part of the “Issues in International Affairs Lecture Series” organised by the University of the West Indies Open Campus in Kingstown, the Eastern Caribbean Supreme Court and Legalease SVG Inc.

Saunders said  the flow of cases that relate to the treaty – which established the Caribbean Community (CARICOM) – is “very sluggish”.

“The question is why. I can only hazard a few guesses,” Saunders said, adding that he thinks many companies and persons who are prejudiced by the unlawful conduct of CARICOM members states still feel constrained to rely on the delinquent member state for a host of things.

These range from the expeditious and favourable processing of licences, to direct business opportunity.

“They prefer, therefore, to suffer in silence rather than displeasing a government and possibly losing business by brining legal proceedings.”

The judge said that there was actually a litigant who gave evidence to this effect to the court.

“He said there are other actions that he could bring but if he did so, he believes that spiteful measure would be taken against him.”

Saunders said that another issue is that in its original jurisdiction, the CCJ applies the rules of international law.

“And the vast majority of lawyers in private practise are not experienced in this branch of the law. Many of them have never even read the treaty and they are, therefore, unable or reluctant to advise their clients to institute cases in the original jurisdiction.”

Another consideration is that the vast majority of CARICOM nationals are still ignorant about their rights that proceed from the treaty and about the role of the court in vindicating those rights, Saunders said.

On the issue of sensitization , he noted  that when the court was established in 2005, it seems that CARICOM could not afford to concentrate anymore of its slender resources in widespread public education about these matters..

“In the court’s early years, it attempted itself to do some of this work and judges of the court went to various member states and conducted public education sessions about the treaty and the rights of CARICOM citizens and the role of the court, Saunders said.

“But, interestingly, when we embarked upon our first strategic plan, our stakeholders told us in no uncertain terms that they didn’t consider it seemly that the judges of the court should be doing this kind of public relations work. And so we have cut back considerable on it.”

The judge said that the case of Jamaican Shanique Myrie — who won a lawsuit against the Barbados government — the public spiritedness of a few Jamaican lawyers who were willing to work pro bono for her, “have demonstrated that with courage, with an abiding faith in the legal system, it is possible to take on a member stage and to secure justice”.

The CCJ awarded Myrie US$38,000 after she sued the Barbados government, claiming she was subjected to a dehumanising cavity search by a female immigration officer at Grantley Adams International Airport, locked in a filthy room overnight and deported to Jamaica in March 2011.

Regarding what he finds most significant about the original jurisdiction and the court’s role as the guardian of the treaty, Saunders said: “I would say, without hesitation, that despite the fact that only four countries have acceded to the appellate jurisdiction, despite the challenges we experience, in securing law and order in the region, despite everything you see and hear about the justice system in the region, what impresses me most is that the governments in the region have demonstrated the utmost respect for the court and its judgement.”

He said that after the Myrie decision, CARICOM governments re-examined their protocols relating to admission of entry of CARICOM nationals and made alterations to those protocols to confirm with the prescriptions of the court.

The same thing happened when the court decided a case against CARICOM itself, Saunders said.

“Every single judgement of the court has ben fully complied with,” Saunders said, noting among them, that Myrie was paid her damages in full by the Barbados government.

In 2001, Caribbean Community (CARICOM) countries established the CCJ to replace the London-based Privy Council as the region’s final court.

But so far only Barbados, Belize, Dominica and Guyana have signed on to the Appellate Jurisdiction of the CCJ, even though most of the 15-member grouping are signatories to the Original Jurisdiction of the CCJ that also serves as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the integration movement.

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Andre West arrested on charges of allegations of deception on the job

Fire Chief Andre West

In June last year authoritative sources were unwilling to disclose or confirm the reasons why Mr. Andre West of Barzey’s had been relieved of his duties as Fire Chief at the Royal Montserrat Police and Fire Services where he was also in charge of Search and Rescue Services.

Up to April last, with West not yet having returned to his duties, still, no one wanted to be quoted but confirmed that investigations were ongoing into allegations of activities conducted by West surrounding his duties. Eventually just under two weeks ago TMR learnt of charges and arrest being made in the matter, not published since for two weeks adequate resources have prevented the publication of the newspaper.

Now amidst questions of procedural correctness, the police on Tuesday, May 9 confirm magistrate court hearings that Andre West appeared before Chief Magistrate Lakmal Wickramasooriya, on several charges for allegedly using his position to illegally obtain services, to include obtaining services by deception and two counts of Evasion of liability by deception. West plead not guilty, and as such the matter is adjourned to September 4, 2017.”

According to one report, under the penal code of Montserrat a person who by any deception dishonestly obtains property belonging to another with the intention of permanently depriving the other of it shall be guilty of an offence and liable to imprisonment for ten years. A ZJB report had stated part of the offences is regarding Customs duty and shipping cost on items coming from the United Kingdom.

 Sources has said that West has opted to have his charges heard summarily in the Magistrate’s Court.

Fire Chief Andre West. The investigation into the suspected wrong doing began in June 2015 and resulted in West being charged with several offences in the Magistrates Court last Tuesday. Among the offences was obtaining services by deception and two counts of evasion of liability by deception. ZJB News understands that the offence of evasion of liability by deception is regarding Customs duty and shipping cost on items coming from the United Kingdom. West will appear before the court again in September, was appointed Chief of the Montserrat Fire & Rescue Service in 2014 he was reportedly sent on leave last year to allow for a full investigation into the allegations.

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High Court awards radio talk show more than half million-dollar compensation

High Court awards radio talk show more than half million-dollar compensation


PORT OF SPAIN, Trinidad, Apr 12, CMC – A High Court judge has awarded a radio talk show host TT$700,000 (One TT dollar =US$0.16 cents) in damages after agreeing that defamatory and derogatory remarks had been made against him by three other competitors.

Ricardo “Gladiator” Welch had claimed that talk show hosts Devon Welch, Andy “Pitbull” Williams and Juliet Davy had defamed him in 2010, by labelling him as a gay and being guilty of extortion during radio programmes they hosted called The War Room and The Ground Report.

Justice Mira Dean-Armorer said Welch was entitled to damages because of the actions of the three, acknowledging that the Trinidad and Tobago society has not yet evolved to be indifferent or acceptant of alternative sexual orientations.

She said a person’s sexual orientation cannot be of public interest as she dismissed the fair comment defence of the three radio hosts. The judge also dismissed their other defences and held that it was unclear why they were malignant in their programmes.

Justice Dean-Armorer said the words used by the defendants about Welch, were meant to invoke scorn and had the effect of weakening his reputation.

Welch also sued for, among other things, the cost of his car as well as a TT$16,377 medical bill, claiming that his health had been affected by the defamatory statements.

But he was not successful in his claim for the cost of the car, his medical bills or his loss of friends and acquaintances and Justice Dean-Armorer also dismissed a similar claim for damages against a radio station that aired the programme.

Welch had also objected to a seven-day stay being granted to the three, telling the court that payment should be immediate or possibly a down payment by early next week.

But the judge disagreed saying that the compensation ordered by the court was a sizeable amount and the three defendants would require some time to consider an appeal.

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Image result for montserrat port authority

Port worker sentenced to prison on customs charges

Image result for montserrat port authorityKeston Riley pleaded guilty to a charge of fraudulent evasion of customs duty charged with two others. Riley’s sentencing was postponed pending character reports, pending sentencing which was due to take place on March 31.

The Montserrat Port Authority, now potential former employee to his surprise was given a two-month prison sentence for illegally removing car tires from the port’s warehouse last year. Justice Iain Morley in imposing the sentence, after he had sentenced one other who pleaded guilty in the same matter to a fine of $3,000.00, reportedly said that Riley must serve at least two thirds of his sentence before any release from jail. A third person also charged with for a similar offence in the same matter had the charge against him dropped.

Riley is said to have quietly expressed unease about his sentence. It is believed although his Attorney David S Brandt has not so indicated Riley may be considering the move that an Appeal might be in his favour, in that several other counts of the same charge had been dropped prior to his guilty plea.

The young Montserratian man has found sympathy with persons in the community regarding the prison sentence which had been early hinted by the judge because he is mainly responsible for an infant and a sick mother.

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Astaphan tony

High Court reserves judgment in motion of no confidence case

BASSETERRE, St. Kitts, Apr 11, CMC – The High Court has reserved judgment, pending the submission of written statements within 28 days, on the motion of no confidence that dates back to the last administration of then prime minister Dr. Denzil Douglas.

Opposition efforts to have the motions tabled in parliament were rebuffed for more than two years with the then government arguing that the Constitution did not offer a fixed time for a motion of no confidence to be heard.

The Speaker of the National Assembly Curtis Martin had also instituted legal proceedings when the Opposition sought to withdraw the motions on the grounds that he wanted the High Court to pronounce on its jurisdiction over the Speaker of the National Assembly.

The “Team Unity” government of Prime Minister Dr. Timothy Harris said that matter was being pursued in the court because of its great public and questioned whether the rights of parliamentarians had been infringed and the constitution breached.

Astaphan tony
Anthony Astaphan

Oral arguments were heard last week Thursday with Trinidadian Senior Counsel Douglas Mendes appearing on behalf of the government, while Dominican Senior Counsel Anthony Astaphan appeared on behalf of Martin.

 “The then opposition, Mark Brantley I think it was and then Mr. Timothy Harris presented motions of no confidence to the House for debate and they were not put forward promptly or as they would have required and litigation started.

“Once litigation started the then Speaker of the House said it’s a matter of public interest for the court to have a ruling and for the parliament be guided by a ruling of the court on the status of a motion of no confidence, on the right to bring a motion of no confidence and on the status and content of the Standing Orders,” Astaphan said on WINNFM radio here.

He said as a result, “it took quite a bit of time to get there because as you know there were several skirmishes taking place.

“The long and short of it is, is whether as a matter of constitutional law that once a motion of no confidence is presented to the House, subject of course to ensuring that it is in order, it must be debated and presented as a matter of urgency or priority given regard to the exigencies of the government’s business or whether or not the standing orders need to be amended to give full effect or to make fully effective, the right to bring a motion of no confidence.

“It is strikingly odd in all of these standing orders that a Motion of Privilege must be heard urgently, the motion presented by a Speaker must be heard and presented for debate once it is seconded by a somebody in the House, but a motion of no confidence which could lead to a change of government has no presence, no specific expressed presence in the standing orders to give effect to that constitutional obligation and consequence,” he said.

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