Archive | Court


MSNBC’s Lawrence O’Donnell: ‘Donald Trump Will Be, Must Be Impeached’

“Michael Cohen is facing substantial prison time for those same crimes. And Donald Trump is facing, what?”


By Lee MoranX

MSNBC anchor Lawrence O’Donnell said Friday that President Donald Trump “will be, must be impeached because of the crimes prosecutors say he committed” in the case of his former personal attorney, Michael Cohen.

“The Last Word” host noted that “nothing in the Constitution” says a president cannot be indicted, charged with a crime or put on trial.

“And so the only conceivable reason why Donald Trump has not been indicted as a co-conspirator in the Cohen case is that he won the presidential election, that he conspired with Michael Cohen to illegally affect,” he explained.

O’Donnell suggested that had Trump lost the 2016 presidential election to Democratic rival Hillary Clinton, then “he would be facing exactly the same consequences as Michael Cohen.”

He also noted how both Cohen and prosecutors had named Trump as a co-conspirator in Cohen’s crimes. “Michael Cohen is facing substantial prison time for those same crimes. And Donald Trump is facing, what?”

“Will Donald Trump be the only president in history accused by federal prosecutors of committing federal crimes who does not then face impeachment for those crimes?” he added. 

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

Cruise ships lie at anchor at the terminal in Lisbon in Portugal

British pensioners arrested after ‘large amount of cocaine’ found in cruise ship cabin

Pair aged 70 and 72 held on arrival at Lisbon after Caribbean voyage

Cruise ships lie at anchor at the terminal in Lisbon in Portugal
Cruise ships lie at anchor at the terminal in Lisbon in Portugal ( EPA )

Two British pensioners have been arrested on a Caribbean cruise ship after “a large amount of cocaine” was found in their cabin.

The suspects, aged 70 and 72, were detained on suspicion of international drug trafficking moments after the vessel docked at the terminal in Lisbon, Portugal.

Portuguese police said a search revealed the cocaine had been “ingeniously concealed” within four suitcases. Top articles4/5READ MOREI’m A Celebrity winner odds: Harry Redknap favourite to win 2018 final

The authorities did not identify the pensioners but indicated the suspects have already appeared before a judge and remain in custody.

“The National Drugs Trafficking Unit has identified and arrested a foreign couple who were travelling on a cruise line doing a circuit between the Caribbean and Europe and on which there was a strong suspicion of international drugs trafficking,” the Policia Judiciaria said in a statement.

Read more

“The arrests took place moments after the vessel had landed at the cruise terminal in Lisbon and following a search of the cabin that was occupied by the suspects.

“Officers located four suitcases in whose structures was ingeniously concealed a large amount of cocaine.

“The suspects, aged 70 and 72, were present at the first judicial interrogation and detained in preventive custody.”

The Policia Judiciaria said the arrests followed an “exchange of information” with the UK’s National Crime Agency (NCA).

It did not reveal when the arrests took place, the cruise ship involved or exactly how much cocaine had been seized.

UK news in pictures

Show all 50

10 December 2018

The NCA refused to comment on the investigation because it is led by the Portuguese authorities but said in a statement: “The NCA works with a wide range of international partners and routinely both shares and receives information.”

Posted in Court, Crime, International, Local, News, Regional, TOURISM0 Comments

Fly-jamaica Plane was damaged as a result of the Fly Jamaica crash landing

Fly Jamaica Sued Over Crash Landing in Guyana


Fly-jamaica Plane was damaged as a result of the Fly Jamaica crash landing

TORONTO, Canada, December 4, 2018 – A Toronto-based law firm has filed a proposed class-action lawsuit against Fly Jamaica almost a month after one of the airline’s Canada-bound planes was forced to make an emergency landing at the Cheddi Jagan International Airport (CJIA) in Guyana last month, resulting in injuries to some passengers.

The lawsuit filed by Rochon Genova LLP last Friday seeks “just compensation to passengers and their families who have been harmed as a result of this dreadful accident”, a statement from the law firm said.

Four passengers, Invor Bedessee, Shanta Persaud, Harpreet Singh, and Zakran Ally – all residents of the Greater Toronto Area – are proposed representative plaintiffs in the class action.

“A timely and fair resolution of this case is of critical importance to the victims and their families. Only a focused approach to this litigation, having regard to precisely what went wrong, can achieve this result,” said Joel Rochon, Managing Partner of Rochon Genova LLP, which has extensive experience in both aviation and class action litigation.

According to a statement from the law firm, the Fly Jamaica Boeing 757-23N aircraft was scheduled to depart the CJIA on November 9 at 1:30 a.m., for the Lester B. Pearson International Airport in Toronto, with 120 passengers, including two infants, and eight crew members on board.

“After a delay of approximately 40 minutes due to a technical issue with its front door, the aircraft took off. Approximately 20 minutes into the flight the pilot announced to the passengers that he was encountering an unspecified ‘hydraulic problem’ and would have to turn back.  When the aircraft did touch down, the flight crew was unable to stop the aircraft on the runway, crashed through a perimeter fence and went over a sand berm, ripping off its right side landing-gear and engine. Passengers reported a chaotic evacuation from the darkened smoke-filled aircraft,” it said.

“According to the Guyana Minister of Public Infrastructure in his report to the Guyana National Assembly, the flight crew did not declare an emergency with air traffic control prior to landing. As a result, emergency crash fire and rescue vehicles and personnel were delayed in their arrival at the crash scene, and passengers had to make their way back to the air tesmokerminal on their own.

“Due to the severity of this crash landing and the ensuing emergency evacuation, passengers suffered many injuries and lost valuable belongings.  One woman died after the crash,” the law firm added.

The latter referred to the death of 86-year-old Guyanese Rookia Kalloo who passed away a week after the incident. Fly Jamaica has said it is “investigating” what led to her death. The family of the elderly woman had told local media that she was behaving oddly in the days that followed the incident, and when she was admitted to hospital after her symptoms worsened, they were told she had suffered a head injury.


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


Caribbean Court of Justice rules in favour of dismissed radio station manager

by staff writer

PORT OF SPAIN, Trinidad, Nov 30, CMC– The Trinidad-based Caribbean Court of Justice (CCJ), Friday ruled that the Dominica Broadcasting Corporation (BDC) should pay its former general managerEC$52,000 (One EC dollar=US$0.37 cents) in damages for wrongful termination of her services.

In addition, the CCJ, the island’s highest court, awarded Mariette Warrington costs at the CCJ, estimated atEC$37,800, and prescribed costs in the High Court and Court of Appeal after

The CCJ ruled that Warrington shouldbe paid the equivalent of six months’ salary, gratuity and holiday pay totalling EC$52,3000 as damages. The DBC had paid her one month’s salary and an honorarium when they terminated her, and the High Court and the Court of Appeal had upheld these payments.

In her application before the CCJ, the former general manager had requested payment of her salary for the remaining years of her contract.

However, the CCJ found she had not proved that loss and decided that “Ms. Warrington would have been entitled to the six months’ salary in lieu of notice and this amount is to be regarded in law as agreed liquidated damages”

At the root of this dispute was whether Warrington’s appointment was valid. She had served DBC under two consecutive employment contracts as the general manager which ended in 2008.

However, before the end of the last contract she wrote a letter requesting further employment with the Corporation as general manager “under similar terms and conditions” with an increased salary and protection against arbitrary termination.

DBC never responded to this request and at a board meeting, some months before the contract ended, a decision was taken unanimously to re-appoint her but this decision was never communicated to the former general manager.

The DBC board then decided to advertise the position of general manager and Warrington was the only applicant who applied for the position.

The CCJ heard that the Corporation did not respond to her application and after her contract ended she kept performing the functions as general manager and even wrote to the chairman of the DBC board inquiring about her employment status.

But after 15 months as performing the duties of general manager, in March 2010, she received a letter informing her that she was on a month to month contract and was terminated in the subsequent month.

In her challenge before the High Court and the Court of Appeal, they courts ruled that the purported contract of employment was invalid for non-compliance with the statutory provision that requires the Dominica Broadcasting Corporation’s Board to act on the advice of the Prime Minister in appointing its managers.

The Courts did not regard as significant the fact that, on 17th February 2009, the Board met with the Prime Minister and discussed “the matter” of Warrington’s appointment.

“It is most revealing that neither the Board nor the Minister (of Information) mentioned asking for the Prime Minister’s advice on the selection of Ms. Warrington as Manager. It appears the Board and Minister took it as a given that he approved of her continuing as Manager,” the CCJ noted.

It said that the board minutes bolstered the finding that the issue that engaged the board and the Prime Minister was the length of the contract to give Warrington rather than the Prime Minister’s approval of her continuing in the role. The CCJ found that Ms Warrington’s appointment was therefore valid.

The President of the Court, Justice Saunders, in a concurring judgment, noted that “it was quite inappropriate for the Board, unilaterally and belatedly, to seek to impose a one-month notice period. Apart from its inappropriateness, that period was unreasonably short”.

Posted in CARICOM, Court, Legal, News, Regional0 Comments


Appeal Court denies two major appeals

Dr Perkins and lawyer Brandt lose their appeals

Dr. Franklin Perkins was adjudicated guilty by a nine-member panel jury on March 1, 2017, following a trial in the allegation that he indecently assaulted a nineteen-year-old female in his private surgery at Cudjoe Head.

Dr Franklin Perkins

Justice Ian Morley in the high court on Monday morning handed down the sentence in March this year, where he was ordered to pay the victim $10,000 within three months in default of which, he would serve a period of six months in jail. In addition, he was given an 18-month suspended prison sentence.

The 67-year-old medical doctor appealed the sentence against his conviction seeking to have the conviction quashed or reduced, insisting that it was a routine medical examination. This week the Appeal Court denied his appeal commenting that he in fact received a light sentence and that the $10,000 compensation was reasonable.

Dr. Perkins had appealed on five grounds which the court rejected.

They were: That the Trial Judge interfered in the case to such an extent that he became another prosecutor in the matter.

That the judge failed to carry out a means test and as a result the $10, 000 compensation awarded by the court was too severe in all circumstances;

That the judge did not properly direct the jury on how to treat with the evidence of the victim’s demeanor;

That the Judge failed to properly direct the jury on recent complaint; and, that the trial judge erred when he failed to allow the accused (Dr. Perkins) to give an unsworn statement from the dock.

At the sentencing, the doctor having denied that he committed the act, insisting that it simply was a routine medical examination, trial judge Justice Morley said he considered the statements given by persons who spoke in support of Dr. Perkins during his sentencing, adding that he also received a letter from some members of the medical fraternity on Montserrat who expressed surprise and disappointment at the guilty verdict.

 Giving an extended account of the case, he stated that this assault on the victim’s reputation and that of her family indicates an undercurrent of racism, sexism and snobbery in the Montserrat society.

Related – see:

Brandt loses appeal but hints at taking the matter further to Privy Council

In another high-profile matter before the appeal court this week, Attorney David S. Brandt also lost a five-ground appeal against the decision of the trial judge, Justice Bell, at sufficiency hearing when Justice Bell ruled against him that on the strict construction of the statutes, the prosecution was right to lay the charges.

Attorney David S. Brandt

The lawyer was charged in 2015 with five counts of child sexual exploitation.

He had appealed to the court on the grounds that he was denied the protection of the law as provided for under the Montserrat Constitutional order 2010, the high court judge in his ruling calling the grounds ‘absurd’.

The court of appeal, in handing down the decision Thursday afternoon, was in full agreement with the trial Judge Justice Bell. In dismissing the appeal, the court ordered that the matter be remitted to the trial judge in the high for the continuation of the sufficiency hearing.

The court also asked that counsel provide submissions regarding the costs of the appeal.

However, it is believed that the Attorney will take the matter to the Privy Council convinced that his attorneys are right in their constitutional arguments.

Posted in Court, Crime, Featured, International, Legal, Local, News, Regional0 Comments

Glasgow university to pay reparations for £200m extracted from region

Glasgow university to pay reparations for £200m extracted from region

 November 25, 2018 |


Vice Chancellor of The University of the West Indies (UWI) Sir Hilary Beckles has reported that The University of Glasgow in the United Kingdom (UK) is planning to pay reparations for £200 million (approximately J$34 billion) taken from the Caribbean.

According to Beckles, who recently returned from the UK, “The University of Glasgow has recognised that Jamaican slave owners had adopted the University of Glasgow as their university of choice and that £200 million of value was extracted from Jamaica and the Caribbean.”

Beckles made the announcement during an interview on the Jamaica News Network (JNN) programme Insight, where he said that the Vice Chancellor of the UK-based university Professor Sir Anton Muscatelli opened up their records, which showed a ‘massive influx’ of grants and endowments from Jamaica.

He said that the University of Glasgow and The UWI are currently drafting a memorandum of understanding, and the term ‘reparatory justice’ is expected to be included.

Beckles said the £200 million would be a combination of cash and kind. “We are not on the street corners asking for handouts. We are looking for partnerships and development.”

One of the projects in which the University of Glasgow has reportedly shown interest involves research in chronic diseases in the Caribbean, including hypertension, diabetes, and childhood obesity.

“They are looking at the possibility of partnering with us and having a massive institute for chronic disease research that is going to prevent the proliferation of these diseases in the future,” said Beckles.

£200m from slave trade

A report dubbed Slavery, Abolition and the University of Glasgow, published recently by the university, reveals that it benefited directly from the slave trade in Africa and the Caribbean in the 18th and 19th centuries to the tune of almost £200 million in today’s money.

The university has announced that it has launched a wide-ranging and ambitious “reparative justice programme” that is based on the findings of more than two years of research.

In addition, the University of Glasgow had also announced that it intends to implement programmes and projects that will provide scholarships and exchange programmes for Jamaican and other Caribbean students through its links with The UWI.

The full interview with Beckles will be aired on JNN on Wednesday at 10 a.m.

(EDITOR’S NOTE: A previous version of this article gave the impression that a total value of £200 million would be paid to the Caribbean through the University of the West Indies.)

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


Brandt arrested on New Sex Charges

By Bennette Roach

New charges resulting in the arrest of Attorney-at-Law David S. Brandt on Wednesday, November 21, 2018 were followed by his eventual release on bail in the amount of $90,000.

Brandt who was arrested and charged back in 2015 on September 21, with two counts of conspiracy to have sexual intercourse with a minor, has been fighting the decision for the matter to go to trial with the matter pending decisions in the appeal courts. He was released on $20, 000 bail in 2015.

According to information reportedly from Commissioner of Police Steve Foster, Brandt was arrested and charged with two (2) counts of child sexual exploitation and one (1) count of perverting the course of justice. No details have been forthcoming this early on these new charges and the date of their occurrence, with early speculations suggesting that these may be serving as a replacement for at least one of the earlier charges.

In carrying out Brandt’s new arrests the Royal Montserrat Police Services (RMPS) were assisted by The National Crime Agency based in the UK, who describe their role as beingto protect the public from the most serious threats by disrupting and bringing to justice those serious and organised criminals who present the highest risk to the UK.”

That contrasted the first information that the arrest was conducted by Scotland Yard police who ‘swooped in’ and arrested Brandt on Wednesday.

UK based attorney Annesta Weekes Q.C.

UK based attorney Annesta Weekes Q.C. who has for years now been the prosecuting attorney in ‘high profile’ cases in Montserrat is also the prosecutor in the Brandt affair. She is said to have assisted in the latest arrest, but further information says that she is in Montserrat to lead in the Brandt appeal of the earlier charges listed for hearing on Monday next week.

Reportedly there was some drama in court as the prosecution sought to refuse Brandt bail, claiming among other reasons that that the accused is a ‘flight  risk.’ Brandt who has suffered some physical illness and disability, has only left Montserrat in many years for legal purposes or to receive medical attention.

Posted in Court, Crime, International, Local, News, Police, Regional1 Comment

High number of child sexual abuse cases in Trinidad and Tobago

High number of child sexual abuse cases in Trinidad and Tobago

PORT OF SPAIN, Trinidad, Nov 21, CMC – The Children Authority of Trinidad and Tobago (CATT) says it has had to deal with more than 5,000 cases of sexual abuse and sexual offenses against children during the three and a half years of its establishment.

CATT director, Safiya Noel said that more than 16,000 cases regarding children have come to its attention and that represents nearly 25 percent of the actual cases received by the authority.

CATT, which came into operation in May 2015, following the proclamation of several pieces of legislation including the Children’s Authority Act, said to date, it has received 69,319 calls and now has before it 16,661 cases.

“The number of reports of child sexual abuse and sexual offenses against children over the period amounts to 5,737 of total cases,” Noel said.

Figures released by CATT show that the majority of the cases are from the east-west corridor and

“The main forms of abuse are firstly, neglect; physical abuse and some sexual abuse,” she said, adding “working with the family is a critical thing and we have found that in a lot of single parents there is where a lot of the neglect cases”.

She said that parents themselves are either victims or victims of abuse and urged them to seek help and therapy.

“Nothing is wrong with going for therapy. You don’t have to be crazy…some­times if you think about it think, about your own lives, you would recog­nise that there are sit­u­a­tions that you strug­gle to deal with and some­times you need some­body there to help you through the process,” Noel said.

CATT chairman, Hanif Benjamin, said that a national protocol will be submitted to Cabinet for review and approval by mid-2019.

He said the document will be rolled out as a national system where it will out­line responsibilities for all stakeholders.

Posted in CARICOM, Court, Crime, Kids, Local, News, Regional0 Comments

CCJ set to hear matter against Trinidad and Tobago

CCJ set to hear matter against Trinidad and Tobago

ST GEORGE’S, Grenada, Nov 21, CMC – The attorney representing a Grenadian national who was denied entry into Trinidad and Tobago in December last year, said that the Trinidad-based Caribbean Court of Justice (CCJ) has agreed to hear the matter.

Attorney Ruggles Fergusson said that David Bain has become the first Grenadian national to be granted leave to commence proceedings against Port of Spain under the court’s Original Jurisdiction.

The CCJ, which was established in 2001 as the region’s final court to replace the London-based Privy Council, also functions as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the regional integration movement, CARICOM.

Bain was denied entry into Trinidad and Tobago on December 14, 2017, after he landed at Piarco International Airport to attend a wedding and to meet with relatives, whom he had not seen for a while.

On September 10th, he applied for special leave to commence proceedings against the Trinidad and Tobago government for breach of his right as a CARICOM national to freedom of movement as provided for under Article 45 of the Revised Treaty of Chaguaramas.

Ferguson said that at the case management hearing on Tuesday, the CCJ denied the request by Trinidad and Tobago to extend the time to file a request to be heard on the application for special leave.

“The Republic of Trinidad and Tobago was required to file the request within 14 days of being served with the application for leave, in accordance with the Original Jurisdiction Rules of the CCJ, but did not do so,” he said in a statement.

Under the Case Management Order, the attorneys for Bain are required to file their Originating Application, on or before November 27 this year to commence proceedings.

The attorneys for Trinidad and Tobago are required to file a defense within 42 days of being served and another case management conference is scheduled for January 30, next year to finalize preparation for the substantive hearing of the matter.

Ferguson said that apart from seeking a declaration that his right to freedom of movement was breached by Trinidad and Tobago, Bain is also seeking damages.

This is the second case involving Grenadian nationals to come before the CCJ in recent days.

The first involved four members of a family against the Barbados government that was heard on November 8.

The family, Royston, Glenn or, Tamika and Lynnel Gilbert claim they were bullied and humiliated over a false accusation of stealing a mobile phone in October 2016.

The application for special leave in that matter is set for hearing on January 15,, 2019.

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

Guyana accepts CCJ ruling on transgender matter

Guyana accepts CCJ ruling on transgender matter

GEORGETOWN, Guyana, Nov 21, CMC – The Guyana government says it respects the ruling of the Trinidad-based Caribbean Court of Justice (CCJ) that recently ruled as “unconstitutional” a law here that makes it a criminal offence for a man or a woman to appear in public while dressed in clothing of the opposite sex.

The CCJ, Guyana’s highest court, also said that the law, Section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act, should be struck from the laws of the country and that costs are to be awarded to the appellants in the appeal before it and the lower courts.

Prime Minister Moses Nagamootoo, in an interview with the state-owned Guyana Chronicle newspaper, said Georgetown respects the decision.

He said that now that the CCJ has ruled, Guyana must now work on adjusting its culture to include all sections of society including Lesbian, Gay, Bisexual, and Transgender (LGBT) people.

Nagamootoo acknowledged that the issue is a human rights one and that education will need to form a major part of the process intended to change the way persons engage with the LGBT community.

“So I think social organisations, in particular, have a responsibility to start the education process to be more tolerant to accept that we have differences in our society that we are not all the same; that we are all entitled to the same rights,” he told the newspaper.

Prime Minister Nagamootoo said that the Ministry of Social Protection and the Ministry of Social Cohesion would also have a role to play in the process, emphasising that the ruling “is one step forward in an appreciation of the fact that society has differences.”

He said the David Granger government must also find mechanisms through which it can give “teeth” to the decision.

In 2009, several trans women were arrested and convicted under the 1893 Summary Jurisdiction (Offences) Act of the offence of being a “man” appearing in “female attire” in public for an “improper purpose”.

They spent three nights in police detention in Georgetown after their arrest for the minor crime. One year later, McEwan, Clarke, Fraser, Persaud and the Society Against Sexual Orientation Discrimination (SASOD) brought an action challenging the constitutionality of the law and the treatment of the appellants during the legal process.

At the time of arrest, McEwan was dressed in a pink shirt and a pair of tights and Clarke was wearing slippers and a skirt. A few hours later, Fraser and Persaud were also arrested by the police and taken to the Brickdam Police Station.

Posted in CARICOM, Court, Education, Fashion, Legal, News0 Comments

Please Support The Montserrat Reporter

This is bottom line for us! Unless we receive your support, our effort will not be able to continue. Whatever and however you can, please support The Montserrat Reporter in whatever amount you can (and whatever frequency) – and it only takes a minute.
Thank you

TMR print pages

RBC – Important Client Notice

RBC Montserrat Reporter- Entrust Notice

Know about your Land Transactions



Flow: Unlimited Messaging