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Breaking-news-Brandt

Brandt released from remand and back on bail

by Bennette Roach, London.

Bail Revoked, Brandt on remand, jailed, until? Was the headline in the TMR’s publication of July 5, 2019,  which began, “This lingering high court criminal matter has been described on Tuesday in one report as follows: “The High Court of the Eastern Caribbean Supreme Court has ordered another ‘interesting twist’ in the case the Queen vs David S. Brandt.”

David S. Brandt

– a trial is set to begin on November 18, 2019, but meantime the judge issues ‘directive’ to stop comments on the case.

Now, yesterday originating in Antigua:

The link from July 2019 at the beginning of this story gives an extensive and somewhat detailed as to Brandt was put on remand where he has been until the breaking news. The case has been somewhat a saga with several attempts including appeals to undo the remand order and which included a new judge eventually forced to recuse from the trial.

See here: https://www.themontserratreporter.com/brandts-trial-to-begin-february-28/ another rundown as to how the matter went before we would say, COVID-19 intervened and the opportunity to end the remand and save GoM some expense from the Lockdown that ensued. That supposedly ended altogether yesterday, ‘maybe’, while it was eased earlier, there continued a curfew just ended.

The conditions of this ‘new’ bail include, among others; Mr. Brandt is to restrict his residence to his home in Olveston; he must have no contact any female under the age of 18; He must not entertain or have any interviews on the case/matter; he must have no direct or indirect contact with any jurors once the juror list is published (and he is in possession).  

The trial is now scheduled to commence on September 28.

Listen below to ZJB – Radio Montserrat’s full report:

Dr. David Dorsett, Brandt’s attorney primarily in Constitutional matters

Attorney-at-law Warren Cassell who initially provided the breaking news information, informed, “Dr. Dorsett did an excellent job in representing him from Antigua at bail hearing which was via Zoom.”

In a comment, Cassell ‘imagined how upset the DPP will be when he hears the news…..” It was probably that which drew some comments, like “For all those who talking negatively about Mr. Brandt, call on God and ask Him to deal with us the way we deserve then sit back and look. NONE will be spared……remember that.” “…everyone needs to be treated fairly; ” ”a he axx that. Everyone needs to be treated fairly.”

“The vipers them already stirring up. Everyone deserves a Fair trial. When u guys coming for people come good. Have you facts and all your Ts cross. When you assuming no carry it a court. I wonder how the High Court that doesn’t have anything to do with Montserrat favoritism is doing anything hypocritical.”

Posted in Court, COVID-19, Crime, Featured, International, Legal, Local, News, OECS, Regional0 Comments

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St. Vincent PM says recount votes in Guyana should be honoured

by staff writer

KINGSTOWN, ST. Vincent, Jun 11, CMC – St. Vincent and the Grenadines Prime Minister Dr. Ralph Gonsalves says he remains satisfied that the 15-member Caribbean Community (CARICOM) grouping “will not stand by idly and watch the recount which is properly done for the results to be set aside” in the disputed March 2 regional and general elections in Guyana.

The Guyana Elections Commission (GECOM) is yet to announce officially the winner of the polls after the re-count exercise was concluded on Sunday in the presence of observers from CARICOM and other international organisations.

Prime Minister Dr. Ralph Gonsalves appearing on radio programme (CMC Photo)

Both the ruling coalition, A Partnership for National unity (APNU) headed by President David Granger and the main opposition People’s Progressive Party/Civic (PPP/C) headed by Opposition Leader Bharrat Jagdeo have claimed victory.

The PPP/C said that the recount has shown that it won the election by more than 15,000 votes, while the APNU has claimed that a number of irregularities and anomalies took place during the voting exercise and has called on GECOM to make a statement on the matter.

Gonsalves, speaking on a programme on the state-owned NBC Radio St. Vincent and the Grenadines, said “we expect the CARICOM observer mission to deliver its report and we expect that what is the recount would be honoured and the Guyana Elections Commission would honour that recount and declare the winner in accordance with this recount”

He told radio listeners that “anybody who wants to challenge anything afterward can go to court but you have to declare the winner in accordance with the recount,” he added.

Gonsalves, who is expected to take over the chairmanship of CARICOM in July, said that there had been “no complaints” about the first two processes involved in the elections, namely “what happens before the election day, process of registration, putting the machinery in place for free and fair elections, secondly what happens on election day.

“: Nobody said it was a sham elections or irregularities were such that so as to undermine the efficacy of the poll. The third question which was outstanding is the counting of the votes.

“That’s why the first statement that (Prime Minister of Barbados) Mia Mottley made as chair of CARICOM…is that each vote must be counted, each vote has to be counted. Well, this is where you had the basis for the recount and the reason why it is an election and not a selection, you have to count the votes and you have to count them honestly”.

Gonsalves said that he is “satisfied that CARICOM will not stand by idly and watch the recount which is properly done for the results to be set aside

“St Vincent and the Grenadines stands firmly for democracy and reflecting the will of the people. That will tell you where we are. I don’t have to say anything straight and plain. CARICOM is not going to tolerate anybody stealing an election,” he said.

Gonsalves said he is aware of a number of opposition parties when they lose an election make a number of complaints.

“It is almost a boring repetition. We get the reports, follow the law and who win, win. When you take part in an election there is always a chance that you may lose and if you lose …you take your licks like a man,” Gonsalves said, telling listeners that he is a friend to both Granger and Jagdeo.

Coalition says a statement by incoming CARICOM Chair could undermine the legitimacy of the recount process

by STAFF WRITER

GEORGETOWN, Guyana, Jun 11, CMC –  The coalition –  A Partnership for National Unity and the Alliance For Change (APNU+AFC)  has expressed concern with statements made the incoming Chairman of the Caribbean Community (CARICOM) Dr. Ralph Gonsalves; describing it as a taking a “prejudicial” stance on Guyana’s elections.

The APNU+AFC via a press statement said they were “surprised” at  Gonsalves’s statement since the national recount process of votes cast in the March 2, General and Regional Elections, is still ongoing.

Gonsalves who is the Prime Minister of St. Vincent and the Grenadines has urged the Guyana Elections Commission (GECOM) to declare a winner of the elections based on the figures from the first phase of the recount.

The recount is comprised of four stages.

However, the APNU+AFC in its statement highlighted that they are “concerned as the incoming Chair of CARICOM, Dr. Gonsalves has chosen to pronounce on a process that is still ongoing, and proposes to a direct constitutional body in another CARICOM Member State in the execution of its duties.”

The coalition reminded that the four-stage process which is gazetted was agreed to by all political parties and CARICOM.

The first stage of tabulating the votes recently concluded and the second stage is now in progress. That is the compilation of a matrix of the tabulated results along with a summary of the observation reports, by the Chief Elections Officer.

According to the coalition, the reports will highlight the 7,929 instances of irregularities which directly affected the validity of 257,173 votes.

Additionally, it was also pointed out that the CARICOM scrutineering team has not yet submitted a report of its findings as mandated by the gazetted order. This will then be followed by a review of the reports by the Elections Commission and finally a declaration of the results by the Chairperson of GECOM after having studied the report.

With that, the coalition further reminded that “the ongoing process is significant and important not only for democracy in Guyana but the wider CARICOM.  It is expected that CARICOM leaders would refrain from any actions or utterances that could undermine the legitimacy of the process and its credible conclusion.”

Posted in CARICOM, Court, Elections, International, Legal, News, Politics, Regional0 Comments

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The ‘historic’ Brandt trial pines with continuing issues

by Bennette Roach

The David Brandt that the current lead attorney trial that somewhat began in earnest on February 28 from that time had been dealing with what was reported as preliminary matters and held mostly ‘in-camera’ which generally means that the press and the public are prohibited from the hearings.

These hearings ended with further potential delays in the offing and further continuation of the trial to begin at an unspecified date in June or July of this year. This as attorney/s for David Brandt are dissatisfied with most of the results as they appear in the judgments given by His Lordship Justice Rajiv Persad.

Among the matters surrounded an effort to have the Brandt’s revoked bail since June last year. It was not an application for bail as His Lordship Persad noted.  Before him was an application filed by Dr. Dorsett for the defendant titled “Notice of Application pursuant to section 20(1) of the Constitution of Montserrat” and alternatively a “Notice of Application for re-admittance to bail”.

Justce Rajiv Persad (Ag.) at the ECSC launch of its new web portal

As the judge noted in his judgment on this matter, “In this notice, the defendant seeks three forms of relief.

Firstly, he is seeking a declaration that the hearing of the 17th and 18th of June 2019 by Mr. Justice Evans was in breach of the defendant’s constitutional right to the protection of law.

Secondly, he is seeking an order that any orders made at that hearing of the 17th and 18th of June 2019 be set aside.

Thirdly in the alternative, that this court re-admit the defendant to bail on the same terms and conditions as obtained prior to the revocation of Bail on the 18th June, 2019.

The final clauses of the six-page judgment reads:

Accordingly, this court is not prepared to exercise its discretion under section 20(1) the Constitution of Montserrat to grant any relief on this application having regard to the academic nature of this exercise and it is also the view of this court, that the public interest in the issues raised in this matter are not of a nature that requires this court to adjudicate on the issues raised by the defendant relative to the hearing before Mr. Justice Evans in June 2019. (see https://www.themontserratreporter.com/brandts-trial-to-begin-february-28/)

This court, therefore, does not need to consider in depth when the application to raise constitutional issues before this court relative to the hearing before Mr. Justice Evans constitutes an abuse of the court process having regard to the availability of common law remedies or whether it is in fact appropriate for the judge sitting in the criminal trial to seek to pronounce on the lawfulness/ constitutionality of a previous decision relative to bail which strictly speaking is not part of the fair trial process or is an issue which can be raised in the course and conduct of the criminal trial going forward.

That having been said this application is therefore dismissed.

The other major issues of the days substantive hearings which lasted from March 2 – 9, of which there was no hearing on three days related to rulings on three preliminary applications.

These were (1) the defendant’s entitlement to challenge the Crown’s right to stand-by jurors. (2) Whether the crown has a right to peremptory challenges; and (3) a major one coming out of the recent appeal court sitting in January, the ‘admissibility of illegally obtained evidence’ at the trial.

In all these matters, Dr. David Dorsett, and Mr. David Brandt in his own defence; and Miss Anesta Weekes QC, Mr. Oris Sullivan OPP and Mr. Henry Gordon Senior Crown Counsel for the Crown.

At the end of the 21-page 44 clauses judgment the acting judge gave four rulings:

  1. That the use of the power to stand by jurors pursuant to section 27(b) of the Jury Act is unconstitutional and cannot be relied upon by the Crown.
  • That in order to ensure equality of arms the provisions of section 27 of the Jury Act are hereby modified so as to allow Crown a peremptory challenge to three jurors identical to the rights and entitlements of a defendant in this matter.
  • That the right to stand by may be exercised by the Crown only if there is consent by the defendant or defendants in a case, or where there are exceptional circumstances.
  • That the defendant’s objection to the admissibility of WhatsApp messages is overruled and the Crown will be allowed to adduce such evidence at a trial of this matter.

The first three rulings, here the defendant is claiming victory, while on the fourth they remain adamant that the judge is wrong as much as the hearing is expected now to continue in June there are hints that this will find the appellate courts.

There was the other side matter which there was no written ruling available, reportedly Justice Persad, acting judge, has ruled according to a draft of an Originating Motion via Fixed Date Claim where it seeks some 13 remedies in respect of the appointment of Dr. David Dorsett an amicus curiae in the said David Brandt trial.

  • Among other remedies, the Claim seeks eight declarations (1) that for the purposes of section 7(2)(d) of the Constitution of Montserrat (“the Constitution”), “a legal representative at the public expense” is a legal representative provided for by the Government of Montserrat for the purposes of defending a person charged with a criminal offense.
  • A declaration that for the purposes of section 7(2)(d) of the Constitution of Montserrat (“the Constitution”), “a legal representative at the public expense” is not an amicus curiae, whether appointed by an order of the court or otherwise;
  • plus six others directly on the same ‘amicus curiae’ and others including damages and costs.

But there is a window for that matter to be rectified if indeed there is a postponement of the trial to June/July, as our information is that there are other options facing the court, but which the prosecution, (one doesn’t know their standing, as information again says that is a matter that should involve the Attorney General) is strangely arguing against that judgment.

Posted in Court, International, Local, News, Regional0 Comments

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Brandt’s trial to begin February 28

David Samuel Brandt, prominent Montserrat attorney-at-law may well make the history books, not because it was so desired by the accusers or the perpetrated prosecutors, nor his prominence of being a well-loved and long-serving politician, for Chief Minister, but for the length of time sexual charges, repeatedly said to be very serious ones, finally has a date set for trial and confirmed to begin on February 28, 2020; while languishing in jail for bail revoked and refused.

Lawyer David Brandt

But, prosecutors and judges have and will say it was his efforts to stall the charges in the courts that cause the delay in a trial date.

Dr. David Dorsett, Brandt’s lawyer primarily in Constitutional matters

This trial has its beginning from over ten years ago with the arrest and charges laid in September, 2015, Since then it’s been up and down, in and out trial of David Brandt who is facing charges on several counts of child exploitation of underaged girls. Now a new judge has been named and has already had chamber hearings into the matter, with quiet and unconfirmed information that the hearing may not actually begin in earnest for yet another two to three months. The question posed to the informer, is it possible that the unusual bail revocation be reversed, as it is unusual enough already in the circumstances to help make the court history books.

The date which had been set since last year and again earlier this year is February 28, 2020. His Lordship the Hon Justice Rajiv Persad from Trinidad is the new judge who replaces Justice Gareth Evans, and who was brought (sent in) following Justice Morley both of whom had been recused from the Brandt trial. Justice Persad who practices in Trinidad has reportedly served on previous occasions in the East Caribbean Supreme Court arena.

This matter has reached this stage after the lengthy preliminary battles against the charges and the process from the magistrate’s court to now.

Recusals (Morley and Evans)

Judge Iain Morley
Judge Gareth Evans

As reported earlier Justice Morley first installed for the trial was recused, doing so willingly. But, his replacement Justice Gareth Evans after revoking Brand’s bail and remanding him to prison, was later also requested to recuse himself from the Brandt matters. He refused to be recused in a 90 clause long Ruling which was delivered within half an hour of the end of the hearing. See – https://www.themontserratreporter.com/second-judge-off-the-brandt-trial/

Dr. David Dorsett, Brandt’s legal representative in one of his Constitutional challenges, had also appealed the judge’s decision in the matter.  Her Ladyship the Hon. Mde. Louise Esther Blenman, Justice of appeal on October 23, 2019, heard the matter and ruled: (1) the request that bail be considered by another High Court judge is refused.

(2) That the criminal trial of the appellant (Brandt) be presided over by a judge of the High Court other than Justice Evans, pending the hearing and determination of the appeal against him, refusing to recuse himself from the trial…

Brandt did not comply with case management directions to file written submissions on the issue of admissibility of the evidence obtained from his seized telephone. Instead, he filed a fixed date claim seeking inter alia declarations that: (i) his right to privacy under section 9 of the Constitution of Montserrat [the •constitution] was contravened; (ii) the search of his cell phones without prior authorisation was unlawful and unconstitutional; and (iii) the evidence obtained from the search of his cell phones is inadmissible as evidence against him.

The learned judge Evans dismissed the claim, found that the use of the court’s jurisdiction to grant relief under the Constitution in the circumstances was wholly inappropriate and constituted an abuse of process.

The Fixed Claim hearing and eventual bail revocation

Last year June, it was just days (Friday to Tuesday) after that matter, the bail revocation was ordered, the decision in the foregoing matter coming sometime later the Antiguan lawyer Dr. Dorsett filed an appeal on Brandt’s behalf. Following this also, was the request for Evans to recuse himself when on grounds that he had shown and practiced bias in the matters following hearing of the cell phone issues and the matter that lead to the bail revocation, a matter that in part was held ‘ex parte’ Brandt in the first instance and the next with one of his early attorney’s, but allegedly without being able to contest or inquire into anything at that hearing. It was after that episode that Brandt’s bail was revoked.

Dr. Dorsett files appeal after judge’s refusal to recuse himself, but withdraws on Court’s ‘advice’

In order to file an appeal, we learned that the lawyer had requested the transcript on that hearing which was redacted. Justice Evans having refused to recuse himself the matter was eventually set to be heard by the Appeal Court, but was dismissed when according to Dr. Dorsett, he withdrew the appeal based on an ‘announcement’ by the Court when it sat on January 27, 2020, here in Montserrat.

Following that decision with Justice Evans finally gone from the Brandt’s trial, Dr. Dorsett speaking with the media, said, he was “happy as a lark”. He said he knew that the matter would end up favourable because Justice Blenman had issued the initial order, having read his submissions and Justice Evans’ ruling on his request for his recusal. In the said ruling Evans had written in one instance, regarding Dorsett’s submissions, “The contentions are weak to the point of being fanciful.”

Justice Evans had concluded his ruling (one that was not intended to be public) in the 87th paragraph, wrote:I reject that contention for the following reasons: (a) The contentions are weak to the point of being fanciful. (b) They contain no scandalous or personal attacks upon me.

“I am happy as a lark. From the time the matter got on appeal before justice Blenman the tide started to turn in our favor. I mean I don’t want to be critical of a judge, but every time before, everything we did, he (Evans) said I was wrong; I mean he criticized me in ways in which some was suggesting I was an incompetent lawyer, didn’t know what I was doing, like I was some scamp…,” Dorsett said, citing his record,  competency and commenting further that the Judge should not make a judgement and want it to be secret.

He contended – “… we are saying going forward, we must have an assurance that a court proceeding with the matter is unbiased. As a matter a fact as a matter of appearance, appearance is what matters. The people of Montserrat is entitled to look up on a Court and feel confident that fairness is being done and  seen to  be done; and we are not talking about what the people of England think is fair, but what the people in Davy Hill think and Olveston and other parts of Montserrat think…”

Meantime, other than being charged and already being in jail for four months –

Judge dismisses Attorney’s Request for bail

This item was reported by ZJBNews. The High Court of Justice on Montserrat has refused an application for re-admittance to bail in the case against prominent Attorney David S Brandt.

Mr. Brandt on November 18th asked that the court consider reinstating bail, after Justice Gareth Evans in July ordered that the attorney’s bail be revoked.  The judge said this was in response to four years of stalled tactics by Brandt’s attorneys. Mr. Brandt was incarcerated and based on this ruling would remain in custody until his trial.

Dr. David Dorsette appeared for Mr. Brandt via zoom link, while Attorney Henry Gordon held papers for Annesta Weekes QC for the Crown who appeared later by Zoom Link. His Acting Lordship, the Honourable Stanley John presided over the matter.

Charged with several counts of sexual exploitation of underage girls, including having unlawful sexual intercourse with a girl under the age of 16 years. He was to be tried originally on November 18th, but the court ruling now means that a new date will have to be set for the trial.

The Constitutional Appeal

It was at the said sitting that the Civil Appeal in the matter of the seizure and search of Brandt’s cell phone was heard. The Court described the appeal thus: “The thrust of his (Brandt’s) appeal was that the learned judge erred in dismissing his claim as the search of his cell phones was in violation of his constitutional right to privacy and unlawful. Mr. Brandt also challenged the learned judge’s decision to make a costs order against him.”

After the decision was delivered later in St. Kitts, it was described by Dr. Dorsett as ‘a partial victory’.

Held: allowing the appeal in part; affirming the order as to costs made in the court below; and awarding costs of the appeal to the respondents at the rate of one-half of the amount assessed in the court below, that:

1. The recourse to the Constitution for a declaration that the search of the cell phones was unconstitutional was an abuse of process as effective alternative means of redress were available to the appellant in the circumstances to challenge the use of the evidence gathered from such search.

2. (per Michel JA and Webster JA [Ag.]) The search of the appellant’s cell phones was unlawful but did not breach his constitutional right to privacy.

3. The finding by the court below that the claim was an abuse of process satisfied the requirement under rule 56.13 of the Civil Procedure Rules 2000 that the appellant had acted unreasonably in making the application and the exercise of discretion by the judge below should not be disturbed.

4. The matter is remitted to the High Court for assessing the costs of the proceedings in the High Court and costs of the appeal are awarded to the respondents in the amount of one-half of the amount assessed as costs in the court below.

The trial to begin February 28

Brandt will now face his trial and it is here that he is expected to correct his approach and where he will have the opportunity as the appeal court notes, he can “challenge the use of the evidence gathered from such search.” at the beginning of his trial. It is then believed that matter will be the first order of business.

There is now late news that in another ‘private’hearing was the matter of a judge ordering an attorney be appointed to assist Brandt’s in his defence

Posted in Court, Crime, Featured, Local, News, Police, Regional0 Comments

Follow the money

The following are just a few excerpts of an article subscribed to TMR and which we will publish fully in the next issue.

by Capt Inspector John

As you have already more than likely suspected by now, there exists a global crime syndicate that has been controlling the global banking system, and by extension, everything on the planet, for a long time. Irrefutable proof can be found in the bad guys’ playbook ‘Pawns In The Game’, written by William Guy Carr, a Canadian naval flag officer.
You will discover everything that has happened since 1774 is covered in this playbook. We know the global crime syndicate has drawn on this playbook, and used the exact same plays, for centuries. Carr documents it comes with documents and eye witness testimony.
It is always about the money.

The global crime syndicate is controlled by the Rothchild central banks. The Rothchild central banks are closely associated with the Vatican crime syndicate. The Jesuits, the military arm of the Vatican, controls the Vatican. The Jesuits control the city of London. The city of London controls the United States, the freemasons, and the Crown Temple B.A.R.

Other major players of the global crime syndicate include the Khazarian Mafia, Illuminati, Council of 300, Council on Foreign Relations, and the Bilderbergers. Collectively, these entities control every penny on the planet.
So what has this all got to do with David Brandt? Let me explain.

First off I will confess my favorable bias toward David Brandt. I was very close friends for years with his ( now deceased) brother Randy, while we both lived in St Thomas. I met Mr. Brandt, his wife, and his daughter in St. Thomas. I found them all to be very nice, honest, salt of the earth type folks, with no pretensions.

When Randy passed away, I contacted Mr. Brandt to inform him of the details. Since I had no contact info on Mr. Brandt, I contacted the Montserrat Reporter for assistance in getting this info to Mr. Brandt. Within 15 minutes of my sending that email, Mr. Brandt called me. I am grateful to the Montserrat Reporter for their amazing assistance in this matter. That is the last time I spoke to Mr. Brandt.

When Mr. Brandt was in St Thomas I offered a proposal. So, at the end of HPRP, I had a large group of vetted, seasoned, hard-working, professional contractors. This was shortly after the volcano blew, and Montserrat was desperate for housing.

I proposed to Mr. Brandt that I could bring these contractors to Montserrat to rebuild. We would be self-sufficient and would require no government assistance of any kind. Not a penny.

Mr. Brandt liked the idea. Sadly, he was unable to get past the British corruption to make that happen.

Follow the money. FYI, I just read the Montserrat Reporter editorials going back to 2015. There is no difference about the type of corruption, and who controls it, in any country on the planet. It is exactly the same in England, and the U.S., as it is in Montserrat.

Why? Nothing happens without the involvement of banks. Mr. Brandt could not get past the global crime syndicate control of everything. And that everything controlled what aid may be given to Montserrat.

My point, at all times, I derived from the facts, and discerned with my heart, that Mr. Brandt was deeply dedicated to the welfare of Montserrat, and its people. He did not ask anything for himself in my presence.

So! How is it, that in such a tiny place as Montserrat, that someone of the stature of David Brandt, could be charged with sexual misconduct 10 years ago, 5 years ago, and 1 year ago, and be incarcerated, and still have no trial, or conviction? Follow the money.

How is it possible to hide such crimes for so long in so small a place, by such a high profile figure? Follow the money.

I submit to you, that at the bottom of this story is pedophilia, human and child trafficking, aka white slavery. Why do I say this?

To be Continued

Posted in Columns, Court, Crime, General, International, Local, Police, Regional, UK - Brexit0 Comments

UK Caribbean Deportations to Go Ahead

UK Caribbean Deportations to Go Ahead

St. Kitts-Nevis Observer

By snr-editor – February 10, 2020

Rishi Sunak

A senior minister has defended a plan to deport 50 people toJamaica despite widespread calls to halt the flight chartered by the Home Office.

Chief Secretary to the Treasury Rishi Sunak insisted today that those being forcibly removed had committed “very serious offences” and their deportations were “reasonable”.

It comes after more than 150 cross-party MPs and peers, including Jeremy Corbyn, wrote to Boris Johnson calling on him to stop tomorrow’s flight.

One man facing deportation is 30-year-old Reshawn Davis (pictured above).

He was convicted of robbery 10 years ago and served a two-month jail sentence for the offence.

Mr. Davis has lived in the UK since he was 11 and if deported tomorrow, would have to leave behind his British wife and daughter – he has said he is “terrified” at the thought of returning to Jamaica.

This is the second flight to Jamaica after the Windrush Scandal, when it emerged that dozens of people had been wrongly deported from the UK by the Home Office.

In wake of the controversy, the government suspended charter flights as they could not guarantee that no wrongful deportations would take place.

The protest was organised by Nottingham East Labour MP Nadia Whittome, who warned that the government could repeat the mistakes of Windrush.

In the letter she said the deportation was intended to oust people who have been resident in the UK for decades and argued that deportations should be halted until a report into the Windrush controversy is released.

The MP said: “The fact is that many of the individuals in question have lived in the UK since they were children and at least 41 British children are now at risk of losing their fathers through this charter flight.

“The government risks repeating the mistakes of the Windrush scandal unless it cancels this flight and others like it until the Windrush Lessons Learned Review has been published and its recommendations implemented.”

But Mr Sunak said he believes the flight is “right” and the British public would expect foreign national offenders to be deported.

“What that plane is about is deporting foreign national criminals. Many of these people have committed crimes such as manslaughter, rape, other very serious offences,” he told Sky News.

Tajay Thompson came to the UK when he was five and has only visited Jamaica twice since

Another facing deportation to Jamaica is 23-year-old Tajay Thompson, who was convicted of a Class A drug offence as a teenager.

Mr. Thompson was brought to Britain as a five-year-old and lives with his mother and younger brother in south London, having only visited Jamaica twice on holidays since.

“I feel like I was born here. Jamaica is not my country,” he said.

“It’s not like I’m a rapist or a murderer, I’ve made a mistake when I was 17 and it’s now going to affect my whole life.”

Human Rights Appeal

An appeal has been renewed for Human Rights organisations worldwide to come to the aid of Caribbean immigrants who are the direct victims of the Windrush scandal.

Foreign Affairs Minister for Antigua and Barbuda EP Chet Greene echoed the call on Sunday on the Big Issues as the UK government gets ready to deport Caribbean nationals, some of whom arrived in the UK as children, and are parents of British children.

A flight, which is expected to depart the UK for Jamaica on Tuesday with approximately 60 deportees on board, is reportedly the second since the Windrush scandal erupted about two years ago.

“We are calling on all those rights organisations to come to the aid of the Caribbean people in the face of this wicked, very vindictive, very unlawful act on the part of the British government of deporting persons who have equity and stake in Britain,” Greene said.

The Windrush scandal erupted in 2018 when it came to light that some migrants from Commonwealth countries, including Antigua and Barbuda, who were encouraged to settle in the UK from the late 1940s to 1973, were being wrongly categorised as “illegal immigrants.”

News of the move sent shockwaves throughout the Caribbean and the rest of the Commonwealth, with many pundits raising alarm over the decision.

Posted in Court, Culture, Features, International, Legal, Local, News, Politics, Regional, UK - Brexit0 Comments

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In the Estate of Caroline Frances Elisabeth Roach

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Dominicans sentenced to 4 years in jail, file appeal

The washed-up sailing vessel is still sitting on the Rendezvous Bay rocks while its masters sit in the Montserrat jail after seeking help in their distress

On Friday, October 18, 2019, two 26-year and 34-year old Dominican men pleaded guilty to an indictment which read, “MARTIN JNO BAPTISTE and DANNY HENRY, between the 5th day of September, 2019 and the 12th day of September, 2019, did, for material benefit, arrange for an unauthorised migrant to enter the territory of St Maarten, knowing or being reckless as to whether such person was an unauthorised migrant.”

Following our report last week on the matter, the men’s Attorney-at-Law Warren Cassell had hinted he was seeking instructions to lodge an appeal in the matter.

The two men were arrested and finally charged after their boat had run aground, washed up on the rocks at Rendezvous Bay when they then called the Royal Montserrat Police Service for assistance.

In the grounds of appeal the lawyer stated:  
1. The learned judge erred when he failed to uphold the submissions made on behalf of the Appellants that the facts alleged against the appellants amounted to a criminal offence under the Penal Code of Montserrat.
 2.  The proceedings were a nullity by virtue of the fact: (a)   that there was no evidence alleged to demonstrate that there was a connection to Montserrat of the actus reus and mens reas of the offence of smuggling unauthorized migrants to St. Maarten.
(b)  The indictment is duplicitous on its face.
 3.  The Learned trial Judge erred in law when he permitted the Appellants to plead to the offence of Smuggling Unauthorized Migrants.
Besides Cassell added: “the Appellants reserve the right to add new grounds of appeal and amplifications when a transcript of the proceedings and of the learned trial Judge’s reasons for sentence is delivered to them.”
Both men were sentenced to four years in prison, after a second count against them was dropped.

Posted in CARICOM, Court, Crime, Featured, International, Local, News, OECS, Police, Regional0 Comments

Leroy-King

Leroy King makes 1st appearance in US court on fraud charges

Caribbean News Service https://caribbeannewsservice.com/now/leroy-king-makes-1st-appearance-in-us-court-on-fraud-charges/

Former chief of the Financial Services Regulatory Commission in Antigua and Barbuda, Leroy King made his first appearance in a Texas court on Tuesday.

A media release from the United States Department of Justice on Tuesday announced Trial Attorney Brittain Shaw of the Criminal Division’s Fraud Section and Assistant U.S. Attorney and John Pearson of the Southern District of Texas are prosecuting the case.

Leroy King

King is the only remaining defendant in a $7 billion investment fraud scheme involving Stanford International Bank. He was extradited to the United States last week.

King, of Dickerson Bay, Antigua, had been a fugitive since 2009. He and R. Allen Stanford, the former chairman of the bank’s board of directors, were charged in the scheme.

King, 74, was indicted on charges of conspiracy to commit mail, wire and securities fraud; seven counts of wire fraud, 10 counts of mail fraud, one count of conspiracy to obstruct justice and obstruction of a Securities and Exchange Commission investigation. He was also charged with conspiracy to commit money laundering.

King’s indictment alleges he accepted more than $100,000 in bribes from Stanford in exchange for ignoring the actual value of the bank’s assets, the news release said. Authorities believe he also assisted Stanford and others in obstructing the SEC’s investigation into the bank.

Stanford was found guilty by a federal jury in June 2012 for his role in orchestrating the scheme over a 20-year period. Stanford misappropriated $7 billion from the bank to finance his personal business, the release said, and he is serving a 110-year prison sentence.

Five others were convicted for their roles in the scheme, receiving sentences ranging from three to 20 years in federal prison.

Posted in Business/Economy/Banking, CARICOM, Court, Crime, International, Local, News, OECS, Regional0 Comments

Stepfather pleads guilty to raping 12-year-old child

Stepfather pleads guilty to raping 12-year-old child

by staff writer

ST. JOHN’S, Antigua, Nov 15, CMC – The High Court will sentence the stepfather of a 12-year-old child on January 24, next year after he pleaded guilty to having sex with her two years ago.

The man, who appeared before Justice Ian Morley admitted to having sex with his under-aged stepdaughter in 2017 and pleaded guilty to the charge of unlawful sexual intercourse with a female under the age of 14 contrary to Section 5 of the Sexual Offences Act.

The court heard that the sexual offence occurred on December 17, 2017, but that he had been interfering with the child a year earlier.

Media reports said that the man, who was not named, continued having sexual intercourse with the child, who had a breakdown in class in January this year.

The girl told her classmate about her step-father and the man was subsequently arrested after her mother made a report to the police.

Posted in Court, Crime, Kids, Local, Police, Regional, Youth0 Comments

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