Jomo Jack fails to secure bail for co-accused, ‘Chris’ in conspiracy trial
Erickson, who has been unrepresented ever since the departure of his former attorney, Herbert McKenzie in July, had made two prior bail applications before the Magistrate’s Court in addition to another before Justice Vicki Ann Ellis in the High Court, all of which were denied.
The accused in the alleged conspiracy include James Telesforde John, a 62-year-old captain from Tortola, who is facing charges of unlawful importation of cocaine 114 kg; possession of the proceeds of criminal conduct ($391,780); possession of the proceeds of criminal conduct ($178,060); possession of proceeds of criminal conduct ($81,585); and unlawful possession of cocaine with intent to supply.
Jomo Jack and Leon King, were jointly charged with possession of the proceeds of criminal conduct ($178,060), with Hugh Erickson and Gerry Freeman also facing a joint charge of possession of proceeds of criminal conduct ($37,040.25).
The court is yet to ascertain legal representation for John, who was absent from proceedings today due to a reported toothache.
When the men assembled in the prisoner’s dock today, Jack rose to say that he will no longer be represented by attorney, Ruthilia Maximea, but would instead lead his own defence and that of his co-accused, Erickson. Freeman is represented by attorney Dale Hamilton, QC while King is being represented by Maximea.
Jack argued among other things, that Erickson had seven (7) dependent children and was out of funds to pay for a lawyer, even as there were pending contracts waiting for him outside of prison walls. Erickson also argued that making phone calls from HMP were difficult.
However, Senior Magistrate Tamia Richards related that it was for the defendant’s family to make calls but Erickson who earlier stated that he was still trying to source an attorney said, “Your Honour, I stand alone.”
Jack cited a case involving Asif Glasgow where defendants had received pre-trial liberty and said “This court should take precedence of such matters.” He also expressed that if the prosecution objected to his co-accused’s liberty it would mean they were condemning him.
Principal Crown Counsel Tiffany Scatliffe said the prosecution’s objection to bail remained in the circumstances, given the serious nature of the matter and the fact that the defendant had been refused bail on previous occasions and was told that bail would only be considered if his circumstances had changed.
She also pointed out that bail had already been refused in the High Court. Scatliffe said she had no objections to Erickson’s request for additional time to source representation as it was his legal right to do so. She also said Erickson remained a flight risk and asked the court to also consider that there was a high quantity of drugs and large amount of money involved.
Magistrate Richards refused bail to Erickson and noted among other things, that his right to bail was not absolute or set in stone. “Maybe you have a right to breathe air,” she said. She also noted that Erickson’s lack of counsel could not be considered as a change in circumstance that works in his favour adding that this flies in the face of reasoning.
Magistrate Richards also mulled having the trial re-started but Jack was in stern objection to this, repeatedly requesting that the trial proceed in two weeks’ time as he claimed all defendants were ready to proceed.
Ms Richards said while she understood Jack’s frustration, there were other persons involved as well, including Freeman’s lawyer (Hamilton) who is reportedly unavailable until December. She further noted that while Jack was well-meaning, seemingly well prepared after doing some amount of research and also well spoken, he was not trained in law.
She then set the matter for report until November 8, 2013 when it is expected that John and Erickson’s representation will be settled.
23 Responses to “Jomo Jack fails to secure bail for co-accused, ‘Chris’ in conspiracy trial”
Really, Rasta? You ain't thinking on that one at all.
He deserve bail. Just recently two persons were arrested for having cocaine in their home and they go bail then why shouldn't Chris? Flight risk my a--. strupsssssssssssssss
That evil you did there,is going to come back at you,because if I Knight Rider had to comment on this topic as "Legal Team", I would say that I support the D.P.P to exercise his Constitutional Authority under section 59 of the V.I Constitution, and prosecute ALL drug dealers in the BVI,who are charged for any drug offence;and to deny them bail in the interest of the public! When I was a prosecutor in the BVI,I objected to the granting of bail to all drug-dealers.
After retirement from Her Majesty's Royal Police Force,I continue to support lawenforcement officials to fight drugs in BVI society.
You want to use the blog-name legal team to make your foolish point?Go ahead,set your own trap;because I live my life after policing,feeling free in the BVI.The reason why I sometimes blog under my known nick-name,is because I put my trust in god:I fearno earthly man and my phylosophy is "The evil that you plan and do to others will come at you: You false legal team
I think the m...e have a personal vendetta against Erickson, how can a born Bvi islander be a flight risk,come on people where is the justice,it has been more than a year he has been in jail, what goes around come around. Justice delayed is justice denied!!!!!!!
We already see what's going onn wit the system regarding c**s , its personal and it is been shown , but as always everything happen for a reason soon get out bro , u always a winner , the coruption will be open soon what's been going onn ,