Defendants fume at long delays in court hearings
Further, repeated applications by several defendants for bail to be granted have been denied by both the Magistrate’s and High Courts mainly on grounds of the seriousness and prevalence of the offences and the contention that the defendants, whether local of foreigner, are considered flight risks.
Senior Magistrate Tamia Richards related to one defendant in October, 2013 that it was unusual for a matter to be started in under a year before the court after the defendant at the time, Glenroy Pierre of St Vincent, had expressed his frustration and what he felt were undue adjournments in his case.
“Every time I come here, I am hearing the same thing. Nobody is telling me nothing,” Pierre said after being told that the prosecution was requesting a further adjournment.
Pierre, who complained that he had been stuck at the prison for nearly a year with his trial yet to get off the ground, suggested that he was being treated unfairly. However, Magistrate Richards indicated that Pierre was not being singled out for unfair treatment. Pierre’s trial has since started.
Recently, two of five men who had been arrested on suspicion of being involved in an alleged drug and money laundering enterprise, expressed their views about delays and alleged corruption by police in their matter and requested their case be dismissed.
Jomo Jack and Hugh ‘Chris’ Erickson told this news site in an exclusive interview from the HM Prison in Balsam Ghut that several blocks of cocaine that the they were accused of allegedly being connected with were duplicated in photographic evidence supplied to the men and this suggested that there was corruption on the part of investigators in the case.
The two men were arrested along with James Telesford John, Leon King and Gerry Freeman and are both facing charges of possession of the proceeds of criminal conduct in addition to other charges.
Some defendants, including Erickson, have argued that even though they are entitled to bail as locals before the court, this has not been granted.
However, the court has ruled on several occasions that bail is not an automatic right or entitlement and several considerations have to be made before bail could be granted.
Another five men, Earl Delville Hodge aka Bob Hodge; Roberto ‘Tico’ Harrigan; Chad Skelton; Carlston Beazer and Juan Valdez, who are wanted by the United States of America in connection with an alleged 13-year drug ring have also seen several adjournments in their matter.
Over two years have elapsed since the men were first arrested.
The five men were issued with local charges following their incarceration but these had been discontinued since October 2012 and a fresh extradition process had been restarted after the US had tendered additional evidence in its extradition case against the men.
Many in the legal and indigenous classes have been outraged that the five men are still in prison after over two years with no local charges pending against them, and no bail granted. Many see this as a blatant example of injustice and a violation of their human rights.
Attorneys for the men have filed an application in the High Court to be granted leave for judicial review and this has since been granted.
Magistrate Richards has registered her criticism on delays that have been attributed to the Crown in this and other matters on several occasions in the past.
When approached, attorneys for the men before the court said they had no comment to offer at this time, giving an indication that they would prefer to have any issues resolved before a court of law instead.
Attempts to solicit comments on the issue of delays from the DPP’s office and the Governor’s office were unsuccessful.
Recommendations had previously been made and implemented for Night Court sessions at the Magistrate’s Court in an attempt to alleviate delays being experienced.
However, DPP Wayne Rajbansie had put an immediate end to night court sessions upon his appointment in 2012 as he did not feel the territory had benefitted from the implementation of this measure.
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27 Responses to “Defendants fume at long delays in court hearings”
The justice system need to appoint balanced magistrates, I've sit in court many times where magistrates don't even wish to hear someone make a point, and even feel that they are GOD , why are these pple with no logical thinking are giving these post , no common knowledge whatsoever a prosecutor in a magistrate seat
We need justice BVI , let's unite to see justice prevails .
Think we need magistrates who will leave there personal business @ home and be more proffessional & just , always try to manupulate others .
Young children are sent up to the jail for first offenses, there needs to be some sort of juvenile detention center, everybody can't go to jail. Look at the crimes, and decide the course of action. The jail is over crowded, let's just build another, because persons are not being granted bail, when they very well could be. Police aren't ready with the cases, so persons sit in jail at the prosecution's pleasure. That cannot be right. Say what you want about America, which has the most jails, they grant persons bail for bailable of fences. As far as I am aware, only murderous of fences, persons wouldn't get bail, but I stand to be corrected. The BVI's court system needs some serious attention, too many abuses going on.