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Magistrate denies application for Evans’ case to be heard in HC

Evans is currently on remand. His lawyer is fighting for him not to spend any time in prison. Photo: VINO/file
Dr. Archibald’s submission for the matter to be heard in the HC was denied. Photo: VINO
Dr. Archibald’s submission for the matter to be heard in the HC was denied. Photo: VINO
ROAD TOWN, Tortola, VI – After a lengthy submission by Dr. J S Archibald, QC on behalf of Gary Evans, a former high school teacher found guilty of fondling a student in 2010, to have the matter transferred to the High Court for human rights reason – it was denied yesterday afternoon, February 20, 2012 by Magistrate Tamia Richards.

The reason for the submission, Virgin Islands News Online understands is that Dr. Archibald pointed out that Evans’ right to maintain proper health has been breached.

Two doctors on Friday February 17 had testified that the former Elmore Stoutt High School (ESHS) teacher is seriously ill, and that prison was not the best option for him. The court heard that Evans suffers from Sickle Cell.

The 53 year-old is currently on remand since December 2011, and is awaiting sentencing by Magistrate Tamia Richards. At the conclusion of his trial, Evans, who was a pastor for 16 years, was found guilty of indecently assaulting a then 13 year-old student.

But in turning down his submission for the matter to be heard in the High Court, Magistrate Tamia Richards, who it seems is bent on giving the defendant a custodial sentence, firmly stated that since Evans’ incarceration she did not receive any complaints regarding his health.

Against this backdrop, she will hand down her decision regarding sentencing on March 1, 2012.

Evans’ sickly background

Dr. Marjorie Yee-Sing, a medical practitioner since 1978 revealed on February 17, 2012 that Evans is diagnosed with full blown Sickle Cell, which he has since he was younger.

The doctor, who was at Peebles Hospital from 1994 to 2011, told the court that the defendant has infection of the bones, which is difficult to treat, and has affected both of Evans’ feet. In 2010, she told the court that Evans was admitted to Peebles Hospital with ulcers to both of his feet oozing with pus. Surgery was carried out to “somewhat” clear the infection.

After that, he was readmitted on February and December 2011 with further complications.

To this end, Dr. Yee-Sing opined that it would have been better if he was not in prison. She explained to the court that if Evans was experiencing a painful crisis, he would have to be treated promptly or he could die.

She also noted that because the prison is on a hill and the temperatures are cold would not be conducive to Evans’ condition, coupled with the fact that the prison Nurse is not available round the clock and a doctor only visit once per week.

She also reiterated that Evans be kept comfortable at the prison and will need a plethora of medical supplies including an oxygen tank, be given the right foods, kept warm hence the need for an electrical blanket, dressing sets for his wounds, a suction machine, among others.

Dr. Heskith Vanterpool of Eureka Medical Lab also testified.

7 Responses to “Magistrate denies application for Evans’ case to be heard in HC”

  • Edmund (21/02/2012, 09:24) Like (0) Dislike (0) Reply
    me sick of he
    • you too (21/02/2012, 11:58) Like (0) Dislike (0) Reply
      me sure there are people sick of you too "edmund"...lol yea this whole thing is bad news
    • billy b (21/02/2012, 15:23) Like (0) Dislike (0) Reply
      hmmm, well sah. Only in the BVI. Since when we looking for the "best option" for offenders???? If you know yuh sick and cant tek jail, leave deh people dem pikney!!!!! Just by what you have admitted, what you hand doing round the girl waste talking bout you giving her a hug???? She told you she wanted a hug??? What she wanted was help with her work, not a hug. Stick to your duty and leave the hugging for parents or puppy lover!!!! JAIL HIM!!!!!!!!!!!!!
  • Not2Sure (21/02/2012, 12:19) Like (0) Dislike (0) Reply
    It seems to me that if the prison is incapable of caring for people who have a potential health risk, then the proper solution is to fix the prison. Not to stop sending convicted criminals to prison. Just my opinion.
    • billy b (21/02/2012, 15:25) Like (0) Dislike (0) Reply
      That's what it would seem to me too, but not when the dwarf is on the loose.
  • for keeps (21/02/2012, 23:43) Like (0) Dislike (0) Reply
    keep the man locked up..think of the child people


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