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Brandt prevails in Court of Appeal – pretrial Constitutional issue on witnesses during trial

By Bennette Roach

Updated: December 18, 2020

As ZJB Radio report begins, “More interesting developments in the court matter involving attorney at law and former Chief Minister David S. Brandt.”

The question being asked more frequently now and in the face of other judicial areas where money would be better served, “Why is the local government allowing the UK to expend the amount of money on a trial that may have gone wrong ‘at’ the overdue time and the way it started? For another consultation and discussion.

We have referred to this ongoing matter as historical and it seems there is little end in sight for the matter to come to a conclusion. And, whereas by virtue of the nature of the case, which we believe has other motives involved, the public seems now to have lost interest in it.

The following was noted in the ruling/decision: “Several trial dates have been set and subsequently vacated on account of supervening litigation at the instance of the appellant over the past five years. To date, Mr. Brandt has not been tried,” Chief Justice the Hon. Dame Janice M. Pereira, DBE wrote.

East Caribbean Supreme Court
DPP Oris Sullivan
Helen Weekes QC – Lead prosecutor from the UK

The latest is the decision of the East Caribbean Court of Appeal dismissing appeals brought by the Attorney General (AG) and the Director of Public Prosecutions (DPP) against a decision by His Lordship Justice Rajiv Persaud, who ruled that consistent with his constitutional rights, Mr. Brandt could not be prevented from cross-examining any witness at his pending criminal trial.

The background of the appeals came from: “…the DPP’s application’

Dr. Dorsett, who appears for Mr. Brandt in these appeals, was appointed by Persad J [Ag.], the learned judge of the High Court presiding over the criminal proceedings… to represent Mr. Brandt for the purpose of cross-examining the prosecution witnesses.

Dr. David Dorsett

[4] Mr. Brandt and Dr. Dorsett were equally aggrieved by the learned judge’s decision. Dr. Dorsett challenged his appointment as counsel for Mr. Brandt by way of CPR Part 56 proceedings, and Mr. Brandt, being desirous of cross-examining the prosecution witnesses himself, raised an objection to Dr. Dorsett’s appointment before the learned judge. Mr. Brandt’s position was that any restriction on his ability to cross-examine prosecution witnesses without the assistance of counsel, runs afoul of his rights to defend himself and to cross-examine witnesses under sections 7(2)(d) and 7(2)(e) of the Constitution of Montserrat2 (“the Constitution”).

Accused David Brandt

Mr. Brandt therefore urged the judge not to apply sections 287, 288, and 291 of the Criminal Procedure Code, on the basis that they are incompatible with his rights under the Constitution.
On 28th September 2020, the judge rendered an oral decision which was later reduced to writing, by which he concluded that sections 287, 288, and 291 of the Criminal Procedure Code infringe Mr. Brandt’s constitutional rights… and vacated his earlier orders limiting Mr. Brandt’s ability to cross-examine in person and appointing Dr. Dorsett for the purpose of doing so.
The DPP also applied under the provisions of the Criminal Procedure Code to have special measures adopted for the taking of evidence from certain prosecution witnesses (“the special measures application”). In relation to the special measures application, the learned judge was satisfied on the evidence that the application ought to be granted and, on 5th October 2020, made orders permitting the Crown to lead evidence from three prosecution witnesses, who are complainants in the matter, through a video recording to be played in court as the evidence in chief pursuant to… the Criminal Procedure Code. The learned judge also granted leave to have the said three prosecution witnesses appear remotely from another location, outside the court, when they are required to be cross-examined on their evidence… and to have another prosecution witness, give evidence by video link.
Then came the Appeals.

The Attorney General and the DPP by way of appeal against the judge’s 28th September 2020 decision, in essence, challenged the correctness of the judge’s analysis and conclusions, and his order vacating Dr. Dorsett’s appointment as legal representative for Mr. Brandt.

The CPC Appeals were launched as civil appeals and not criminal appeals even though they do not originate from a constitutional motion or civil claim in the court below, and notwithstanding that they arise from a ruling by the learned judge within the context of the pre-trial case management hearing of Mr. Brandt’s criminal trial.

Mr. Brandt, at the same time, launched a criminal appeal challenging the learned judge’s 5th October 2020 decision in relation to the DPP’s special measures application (“the Special Measures Appeal”). The Special Measures Appeal challenges the judge’s orders sanctioning the prosecution’s use of special measures for the protection of certain prosecution witnesses.

Following the filing of these appeals, Mr. Brandt applied also on 15th October 2020 to strike out the CPC Appeals.
In similar vein, the DPP moved the Court to strike out the Special Measures Appeal, in essence on several grounds:
(i) The Special Measures Appeal does not fall within the scope of permissible appeals under section 38 of the Supreme Court Act as it is not an appeal against conviction or sentence;
(ii) There is no legal basis to mount an appeal to the Court of Appeal against a trial judge’s ruling on a pre-trial issue in a criminal trial…
(iii) The issue before the trial judge was well within the competence of a trial judge without there being any reliance upon or invocation of any section of the Constitution.

In the final decision, the Appeal Court ruled “on 11th November 2020 this Court unanimously dismissed three appeals brought respectively by the Attorney General, the Director of Public Prosecutions (“the DPP”) of Montserrat and Mr. David Brandt, following the consideration of submissions by the parties on this Court’s jurisdiction to entertain the appeals.”

First – “We are satisfied that the Attorney General in the circumstances has no standing as an appellant in this matter and, on that basis alone, it is sufficient to dismiss…”

In the circumstances, the Special Measures Appeal is clearly not permitted by the Supreme Court Act, is a nullity and must be dismissed…Agreed with Mr. Brandt “that this Court has no jurisdiction to hear either of the CPC Appeals. He argues that the appeals are caught by section 31(2)(a) and must be dismissed.”

And finally, “It is for all the above reasons [in the 50-clause decision] that the Court dismissed the CPC Appeals and Special Measures Appeals.”

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JMC-OTs-family-photo-for-media-release-1

Policy paper UK-Overseas Territories Joint Ministerial Council 2020

https://www.gov.uk/government/publications/uk-overseas-territories-joint-ministerial-council-november-2020-communique/uk-overseas-terrirtories-joint-ministerial-council-2020-communique

Communiqué: Published 27 November 2020

Governor’s Office describes: OTs familyMontserrat Premier (c) top row

Contents

  1. The Minister for the Overseas Territories (OTs), Minister for European Neighbourhood and Americas, elected leaders, and representatives of the Overseas Territories met virtually as the Joint Ministerial Council (JMC) from 23 – 26 November 2020. Ministerial colleagues from across the UK Government, including the Home Office, Ministry of Defence, Ministry of Justice, Department of Health and Social Care and Department for Environment, Food & Rural Affairs, and the Department for Transport also participated.
  2. Ministers, Territory leaders, and elected representatives were also pleased to welcome Children’s Commissioners for England and Jersey, the Deputy Chief Medical Officer for England, and senior officials representing the UK Government.
  3. Ministers, Territory leaders, and elected representatives gave particular thanks to His Royal Highness The Prince of Wales for his message of support. They also thanked the UK Prime Minister for addressing the Conference and welcomed the Prime Minister’s commitment to intensifying the partnership between the Territories and the UK Government.
  4. The JMC is the highest forum for political dialogue and consultation between the UK and elected leaders and representatives of the OTs for the purposes of providing leadership and promoting cooperation in areas of mutual interest. It provides a forum for the exchange of views on political and constitutional issues between the governments of the Overseas Territories and the UK Government; to promote the security and good governance of the Territories and their sustainable economic and social development; and to agree priorities, develop plans and review implementation.
  5. We continue to share a vision for the Territories as vibrant and flourishing communities, proudly retaining aspects of British identity and generating wider opportunities for their people.

1. Self determination

  1. The principle of equal rights and self-determination of peoples, as enshrined in the UN Charter, applies to the peoples of the Overseas Territories. We reaffirmed the importance of promoting the right of self-determination for the peoples of the Territories, something which is a collective responsibility of all parts of the UK Government. We committed to explore ways in which the Overseas Territories can maintain international support in countering hostile sovereignty claims. For those Territories with permanent populations who wish it, the UK will continue to support requests for the removal of the Territory from the United Nations list of non-self-governing Territories.

2. COVID-19 and the global health crisis

  1. The UK Government recognised the significant global impact and shared challenges of COVID-19, and congratulated the Territories on their handling of the response to the pandemic so far. The Territories thanked the UK for its outstanding support received both at the Ministerial and official level throughout the pandemic. The UK and Territories had worked together closely to tackle COVID-19 and this had underlined their strong links based on partnership, shared values, and mutual respect. The UK Government reaffirmed its continued support to the Territories during the pandemic and committed to supplying the Territories with COVID-19 vaccines. The UK and Territories shared information about challenges and successes around COVID-19 and committed to continue to work collaboratively to combat health crises, both now and in the future.

3. Economic resilience

  1. The UK is committed to supporting the Overseas Territories in building successful and resilient economies, and promoting the development and the wellbeing of its inhabitants. We recognise that although all are unique, the Overseas Territories, as small and open island economies, are particularly vulnerable to external shocks. Clear economic development plans, underpinned by strong public financial management, can help to create diverse and resilient economies in which people, businesses, and governments can look ahead to the future with confidence. The UK will support the Overseas Territories to increase their economic resilience through technical support and encouraging best practices in financial management.

The UK remains committed to meeting the reasonable assistance needs of Territories where financial self-sufficiency is not possible, as a first call on the aid budget. The UK will also consult the Overseas Territories on support programmes for the next financial year. In times of crisis, the UK stands ready to support the Overseas Territories, as happened following the hurricanes in 2017 and during the COVID-19 crisis. As a first step, the UK will look to the Overseas Territories to make full use of their financial resources to address their needs and will consider further requests for financial support on a case-by-case basis.

4. Exit from the European Union (EU) and trade

  1. The UK Government acknowledges that the UK’s withdrawal from the European Union (EU) will impact on the Overseas Territories, particularly in the areas of eligibility for and access to funding, and trade.
  1. The UK Government has and continues to represent the interests of the Overseas Territories in the UK-EU negotiations, in particular on trade and funding programmes. The UK Government will also continue to engage meaningfully with the Territories and take their interests into account when negotiating new trading relationships with other partners around the world
  2. The UK Government will, in consultation with Territory Governments, take their interests and needs into account when designing future funding streams, programmes, and policies to promote the sustainable economic development of the Territories.
  3. The Territories’ links with the Commonwealth and United Nations will continue to be important. The UK is committed to strengthening these links. The UK also welcomes initiatives to develop links with regional organisations and with Territories and countries neighbouring the Overseas Territories.
  4. The UK Government and the UK’s devolved administrations confirm that students from the Overseas Territories will continue to be eligible for Home Student fee rates on the same basis as now, based on three years’ ordinary residence in an Overseas Territory or the UK.

5. Mental health

  1. The UK Government and the Overseas Territories re-affirmed their commitment to addressing mental health, recognising that “there is no health without mental health”. The importance of raising the awareness and understanding of mental health in our communities was discussed along with tackling the stigma that persists around mental health. We recognise that mental health affects all stages of life and that experiences in childhood can affect mental health in adulthood. It was also recognised that there is already work being done in this area in most OTs. Support from the UK is being provided through Public Health England and the Conflict, Stability and Security Fund (CSSF). The United Kingdom Overseas Territories Association (UKOTA) will host a webinar on mental health in December 2020 for Territory and UK leaders and experts. It will provide an opportunity to have an open discussion on priority issues around stigma, mental health systems, and awareness campaigns. Overseas Territories and the UK committed to continuing the work to strengthen mental health systems to improve the lives of people with mental health problems, including children and young people, those with severe mental illness, and those in the criminal justice system.

6. Children

  1. We discussed the progress that has been made by Territories in relation to child safeguarding. We acknowledged that we cannot be complacent and that there is always more that can be done to ensure that children can grow up in an environment where they can be free from harm, flourish and meet their potential. We therefore re-affirmed our previous commitments to the highest standards of protection for children and a zero-tolerance approach to abuse. We heard from the Children’s Commissioners for England and Jersey about their roles in speaking up for children, influencing policy, assisting Governments and promoting children’s rights. We committed to consider exploring whether a Children’s Commissioner function or similar role might be appropriate for each Territory.

7. Domestic abuse

  1. We noted the increased incidence of domestic abuse globally, and the damaging effects both for individuals and for society. We acknowledged that tackling domestic abuse requires a holistic approach, including law enforcement, education, and medical professionals, and the criminal justice system. We spoke about the importance of challenging negative attitudes and behaviours and ensuring that victims are able to access the services that they need, when they need them. We heard about initiatives which our Territories are taking in this regard. We committed to identify opportunities and to take measures to tackle domestic abuse and to strengthen our system-wide response.

8. Prisons

  1. The Overseas Territories and UK recognise the unique context and needs of prisons in the Territories. We discussed shared challenges on prison reform and opportunities to work together for common objectives. The OTs and UK are committed to ensuring Territory prisons are safe, decent, and secure places of rehabilitation, compliant with human rights obligations that reduce reoffending and contribute to the security of local communities. Through the Ministry of Justice, the UK will continue to support Territories by providing expertise, project support, and by facilitating a network of experts across the Territories to support the development of tailored Territory prison standards.

9. Border security

  1. We noted the challenges faced globally, including in some Territories, of rising levels of illegal migration and border security issues and the subsequent impacts on society. We welcomed the ongoing work by the UK Government, through the new CSSF funded Border Security Programme, to help build capacity and capability in these areas. We discussed opportunities to build upon cross/multi-agency working to enhance cooperation and increase capability within the Territories. We committed to sharing best practices and lessons learned. We reaffirmed our shared interest in combating threats to our borders by working in partnership across the Territories and with the UK Government.

10. International Maritime Organisation (IMO) Instruments and Implementation (III) Code

  1. The UK reiterated that the representation of the UK and Overseas Territories in the international maritime arena is undertaken as a single entity by the UK on behalf of all and compliance with conventions is a shared collective responsibility.
  2. We recognise that a well-administered maritime infrastructure minimises the risks of a maritime incident in territorial seas and an up-to-date legislative framework provides the legal authority and enforcement powers to pursue the polluter to recover the high-level costs associated with such incidents. We continue to maintain our outstanding reputation for clean clear waters and promote our tourism with confidence. A successful III Code audit outcome will lay the foundations for future opportunities for the Territories through Blue Economies, for the Red Ensign Group to become a global leader on solutions for alternative marine technologies, and to share its expertise with others to drive forward improvements worldwide.
  3. The UK welcomed the ongoing commitment by the Territories to achieving III Code compliance and noted the investment in people and projects so far, whilst recognising the individual challenges. The UK reiterated its continued commitment to assisting the Territories through technical support and capacity building.

11. Environment/COP 26

  1. The Overseas Territories are the custodians of internationally important habitats, with rich and varied biodiversity, from Antarctica to the tropical oceans. Climate change and biodiversity loss has had, and will have, profound impacts on our natural environments, on our economies, and on our societies. Together we must act to tackle climate change and the loss of biodiversity.
  2. As coastal and island communities, our economies rely upon healthy and abundant marine environments. This year, Tristan da Cunha has put in place a vast marine protection zone, supported by the Blue Belt programme which now protects over 4 million square kilometers of ocean around the Territories. Building on the good work already undertaken, we will continue to enhance protection for our environments, both marine and terrestrial. The UK Government will meaningfully engage with the Overseas Territories to achieve local objectives that contribute to global targets for the environment, consistent with Sustainable Development Goals. Commitments to environmental funding such as Darwin Plus will support joint objectives to preserve the wonderful array of biodiversity across the Territories for generations to come, and to be an example to other communities in responding to the global biodiversity emergency.
  3. The Overseas Territories and the UK Government also pledged to work together to secure agreement on ambitious action to tackle climate change on a global scale at the COP26 Summit in Glasgow. By the time of the COP26 Summit, each government endeavours to communicate a territory-led plan for climate change adaptation and mitigation, which contributes towards global carbon emission reductions. The UK Government and Overseas Territories will continue to work together closely in the lead up to COP26, to ensure the Overseas Territories’ interests are represented. As the host of COP26, the UK Government endeavours to offer the Overseas Territories opportunities to showcase their environmental initiatives at the summit, including in areas such as transitioning to renewable sources of energy and disposal of waste. For both biodiversity and climate change actions, the UK Government commits to provide the Overseas Territories with technical and financial assistance where this is required.
  4. The UK Government and Overseas Territories welcomed the opportunity to come together as a Joint Ministerial council as a virtual forum and the opportunity this afforded all to have frank and open discussions on areas of mutual interest. We reiterated our commitment to deepening our unique partnership and looked forward to meeting together in person when the opportunity allows.

Posted in Announcements/Greetings, Business/Economy/Banking, Court, COVID-19, Crime, Featured, Features, General, International, Local, News, Politics, Regional, Security, UK - Brexit0 Comments

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

george-Floyd-1

This death of another black man reached deep…

The Montserrat Reporterhttps://www.facebook.com/themontserratreporter

Presented by Bennette Roach

from TMR Facebook page

George Floyd and his girlfriend

So sad!! This may not have been the worst, but the wilfulness, the torture, the obvious suffering makes it so…and if all that is being brought to light is true the cop and others should be charged with the first degree … Just sad about the few and the extreme reactions, but what did the DTp do, just incite with what his cronies called, ‘eloquence’. How sad!
The following was shared :
He called out to his Mom …. who died 2 years ago on the same day ????? RIP
Handcuffed.
Fac…See More

Face Down.
Knee on his neck.
They did nothing.

He called the officer “Sir.”
They did nothing.

He begged for his life.
He begged for water.
He begged for mercy.
They did nothing.

His nose bled.
His body trembled.
He lost control of his bladder.
They did nothing.

He cried out, “I can’t breathe.”
They did nothing.

Twelve more times.

“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”
“I can’t breathe.”

They did nothing.

One last time, he gasped, “I can’t breathe.”
They did nothing.

He lost consciousness.
They did nothing.

A firefighter demanded they check his pulse.
They did nothing.

Off duty medical personnel begged them to stop.
They did nothing.

Deprived of oxygen.
His organs screaming.
His brain frantic.
They did nothing.

They watched George Floyd die.
His life fading.
A slow death.
They did nothing.

A lynching on the ground.
They did nothing.

For eight agonizing minutes.
Four officers watched.

He cried out for his Mom…
A grown man…
Crying out for the woman who gave him life…
As he feared joining her in death.
And still, they did nothing.

A black man.
A gentle giant.
Murdered because he was black.
And still, they’ve done nothing..

The officers should be arrested.
And still, they’ve done nothing.

REST IN PEACE ??????

May justice be served.

Image may contain: 7 people, people standing and text

BLACK IS HUMAN TOO, NO HUMAN BEING IS MORE HUMAN THAN ANOTHER HUMAN

Leadership, when it is that poor is really as this guy calls it, will have bad consequences, worse than with those pretend at it! The legendary San Antonio Spurs coach is past done with Donald Trump’s inability to rise to this moment.thenation.comGregg Popovich: ‘The System Has to Change’ The legendary San Antonio Spurs coach is past done with Donald…The legendary San Antonio Spurs coach is past done with Donald Trump’s inability to rise to this moment.

Posted in Crime, Culture, Featured, International, News, Obituaries, Police0 Comments

Dr-David-Dorsett10

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

Dominicans-boat-washed-up-at-Rendezvous-DSC_0036

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

Police kill suspect in the alleged rape of a 105-year-old woman

Police kill suspect in the alleged rape of a 105-year-old woman

by STAFF WRITER

CASTRIES, St. Lucia, Nov. 3, CMC – A man who reportedly raped and sodomised a 105-year-old woman, was killed by the police on Saturday. 

The police report that the suspect, Miguel Edward, also known as Mad Max, was killed around 12 p.m. (local time).

Edward, who reportedly attacked the woman at her home earlier in the day, was killed as he attempted to flee to Martinique.

The police say he was about to board a boat and was fatally shot when he pulled a weapon on the law enforcement personnel. 

The police say, Edward was “a menace” and had been in and out of jail on several occasions.

Posted in Crime, International, News, Police0 Comments

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