Got TIPS or BREAKING NEWS? Please call 1-284-442-8000 direct/can also WhatsApp same number or Email ALL news to:newsvino@outlook.com;                               ads call 1-284-440-6666

Magistrate tells Police Officer to get papers & prepare for trial

Petranella Frett was told to come prepared to defend herself with or without an attorney at her next court appearance as a result of the constant delays in her trial. Photo: facebook
ROAD TOWN, Tortola, VI – Police Officer, Petranella Frett was yesterday, March 19, 2013 told to come prepared to defend herself with or without an attorney at her next court appearance as a result of the constant delays in her trial.

Frett is charged with two counts of using indecent language during an incident allegedly involving a missing cell phone which occurred at the Elmore Stoutt High School (ESHS) on June 1, 2011. The defendant pleaded not guilty to the charges.

During the defendant’s appearance at the court yesterday, Crown Counsel Leslie Ann Faulkner stated that the two security guards to be called as Crown witnesses in the matter had turned up to court dutifully on several occasions but the trial continues to be stalled as a result of the continued absence of the defendant’s attorney. The matter was reportedly before the court for some time now.

Frett's trial was scheduled to start on February 4, 2013.

Faulkner added that the witnesses were present during yesterday’s hearing and were frustrated given the fact that she was hopeful of starting the trial at the time.

According to the court records Frett and a Kadeem Maynard went to the ESHS on June 1, 2011 after receiving a call from Ms. Frett’s daughter, who had her mobile phone stolen sometime during the day.

The duo had a conversation with one of the Assistant Principals and then proceeded to the classroom where Frett’s daughter was. There, the pair began to conduct searches of the students and their belongings. Following this, one of the students objected to the search and a dispute ensued between the student and the defendants.

Thereafter, Frett and Maynard allegedly went to the main gate in order to block students from leaving the campus. The court heard that Maynard allegedly ran to a parked jeep, got a baseball bat, returned and with it started to chase the students back inside the school yard.

A report was made to the Road Town Police Station on June 2, 2011. Maynard pleaded guilty to the offence and was fine $2000 on July 23, 2012.

Frett indicated that her attorney, Patricia Archibald-Bowers, had made prior contact with the Magistrate’s court to indicate her absence.

Meanwhile, Senior Magistrate Tamia Richards expressed that a look through her notes would indicate that the attorney seemed to always be at the High Court which prompted the defendant to ask whether the High Court takes precedence over the Magistrate’s Court. The Magistrate responded in the negative.

Frett disputed the fact that the defence was responsible for the delays in the trial but the Magistrate indicated most of the delays were as a result of her lawyer’s absence.

Magistrate Richards suggested that it was perhaps a good time to seek new counsel but the defendant replied that she had already paid her money to the law firm. Magistrate Richards then suggested that maybe the client should retrieve her payment for not being represented in court.

“Either get your lawyer, or come prepared to defend yourself, ” said Magistrate Richards.

She added that the Court has to function and lawyers needed to schedule their diaries to ensure that conflicts were minimised in the best possible way.

Magistrate Richards then told the defendant that she may very well have to get her papers and come prepared to defend herself at her trial as the case would be proceeding at the next hearing with or without the presence of her attorney.

The trial is scheduled to continue on May 7, 2013.

23 Responses to “Magistrate tells Police Officer to get papers & prepare for trial”

  • egg face (20/03/2013, 08:10) Like (3) Dislike (0) Reply
    The BVI legal system have as much problem as any where.
    • Chris (20/03/2013, 13:23) Like (0) Dislike (0) Reply
      @egg face...yes they do but they never have a case for two years...your in with or without your lawyer...that case ends that day.. It take a week or less for you to be found guilty.
  • rat tail (20/03/2013, 08:44) Like (1) Dislike (0) Reply
    ........guess we will just have to wait and see what Part 2 on this case reveals ...........interesting
  • Music (20/03/2013, 09:00) Like (8) Dislike (0) Reply
    Two years to bring a case of indecent language! If lawyers are stretched they should not take on small cases. What is the fine if guilty? Surely far less than the case will have cost!
  • day in court (20/03/2013, 09:09) Like (1) Dislike (0) Reply
    she lawyer could run but yuh cyar hide.
  • ... (20/03/2013, 09:22) Like (1) Dislike (0) Reply
    Yawn.
  • chad (20/03/2013, 09:32) Like (22) Dislike (0) Reply
    Nella its just a cell phone. it school why your daugther had it there in the first place.
  • . (20/03/2013, 09:45) Like (1) Dislike (18) Reply
    She married that lil guy?
  • Popo (20/03/2013, 11:11) Like (8) Dislike (0) Reply
    she always like to play she is a bully. Let her represent herself.
    • @ Popo (20/03/2013, 20:18) Like (0) Dislike (3) Reply
      ...........I do not understand why some people (like you) dislike others because they are different. Why is discrimination so rampant in our society?
  • mother hen (20/03/2013, 11:49) Like (0) Dislike (0) Reply
    Justice delayed is justice denied. Why is this continuously being adjourned. Just get it done!

  • Angry Birds (20/03/2013, 12:26) Like (2) Dislike (12) Reply
    Using Indecent language is a criminal offence? o.O Honestly I dont think we should clog up the assizes with such petty grievances
    • Chris (20/03/2013, 13:20) Like (7) Dislike (1) Reply
      @Angry Birds ....I think its a good idea that indecent language is a criminal offence...it shows respect..A lot of US states are looking into indecent language in public.. Some states you cant say the word sth in public you will be arrested.. I would gladly arrest anyone using foul language on any school campus or goverment street, building.... so you could stay angry all you want becuase all angry birds do is say and poop out a bunch of bull sth.

      Need to say that Ms Frett is a POLICE OFFICER...she along should know that law.
  • Chris (20/03/2013, 13:12) Like (3) Dislike (0) Reply
    Now I don't see why half the people that goes to court need a lawyer ...you don't need a lawyer when the truth is the best way... speak up for yourself...and I know Nella her mouth is hot so she just might as well say she's guilty..,. wasting time spending money on those lawyer in tola ...they don't even know who the're repersenting these days, hope you all see that money don't talk in tola...lawyers in tola need to be put out of business with their lack of knowledge for the laws.
  • pope john paul (20/03/2013, 16:48) Like (2) Dislike (0) Reply
    Reminds me of "you can take a horse to the river but you cannot make it drink."
  • in the news (20/03/2013, 16:51) Like (3) Dislike (0) Reply
    I would to shake the hand of that magistrate.
  • billiyb (20/03/2013, 17:43) Like (2) Dislike (0) Reply
    That new lawyer is well on her way to following in daddy's footsteps.delay, delay, delay.
  • simple (20/03/2013, 21:09) Like (1) Dislike (0) Reply
    I would of ask back for me $$$$$ and take the Magistrate's advice. Girl get your receipt and go get your money.
  • bvi (21/03/2013, 08:12) Like (4) Dislike (0) Reply
    As a police officer, that was a dumb thing to do, come on, do think because you are a police officerand a local you could do that?, think again, gone are the days when you could get away with that, a deferent captain is in control of the ship now, i know you nella, and frankly you not suppose to be in the force and you knows that, buti guess you collecting a sallary to pay the bills, now you have a criminal charge before the court, why you not interdicted, you should, standard regulations, its never too late to interdict someone, it shows a bad example that a few is interdicted and a few remain on the job and they are all in the same situation, come on mr david morris.
  • legal team (22/03/2013, 11:05) Like (0) Dislike (0) Reply
    THE LAW!Section 13 Schedule 1 of the Police Act,Cap.165 of the laws of the Virgin Islands,is the form of oath taken by a police officer,before entering into a contract with Her The Queen-The Queen.This is the OATH-" I [legal team] do swear that I will well and truly serve Our Sovereign Lady the Queen,Her Heirs and Successors as a member of the Police Force in the Territory of the Virgin Islands without favour or affection,malice or ill-will;and that I will cause Her Majesty's peace to be preserved,and will prevent to the utmost of my power,offences against the same;and that,during any time that I do or may hereafter hold any appointment in the Police Force I will to the best of my knowledge and skill discharge all the duties thereof faithfully according to LAW" so help me god.Then the officer signs the Contract:And section 4 (1) (a to f) advised police officers of the objects(Objectives) of the force! And they are as follow: "The maintenance of law and order-the preservation of peace-the defense of the territory from external aggression or threat thereof-the protection of life and property-the prevention and detection of crime;and-the enforcement of ALL LAWS that it[the force] is required to enforce".BVI police officers,I say to you;don't accept stereo-typing discrimination,when some people in the BVI call you Island-man,or you en't born here,and all other nonesence trash-talk!The Territory of the BVI belongs to Her Majesty-The Queen,and according to chapter 1 interprestation 2,there are certain classes of persons who BELONG TO THE BVI:The Constitution advises that a person BELONGS to the BVI,if he/she was born into this WORLD of a BVI parent,or if after application to the appropriate authorities of Her Majesty;that person becomes a citizen(so it's not necessarily,where you born;because persons born in the BVI from expatriate parents ARE NOT BVIslanders,but a person OUTSIDE the BVI of BVI parent(s) is a BV-Islander, according to Her Majesty's V.I Constitution.Her Majesty's Constitution tells me,that Legal Team,though not born in the BVI,is a PROUD citizen of the BVI,under the Constititution!I said all this,to say to my Police Officers-"All of you took the same OATH to serve Her Majesty-The Queen,in Her Majesty's BVI.Please officers;REMEMBER THAT OATH! Don't put yourselves in such situation,to bring Her Majesty's force into disrepute! The allegation against the WPC,is an allegation:So,For now,I will call it an ALLEGATION.
  • LEGAL TEAM TO DPP (22/03/2013, 18:42) Like (0) Dislike (0) Reply
    Dear DPP:I read section 23 of the V.I Constitution-[Protection of Freedom of Expression] where Her Majesty's V.I Constitution states "(1) No person shall be hindered in the enjoyment of his or her freedom of expression.(2) A person's freedom of expression includes Freedom to hold opinions without interference,freedom to receive information and ideas without interference,Freedom to disseminate information and ideas without interfernce[whether to the PUBLIC generally or to any person or class of persons] and Freedom from interference with his or her correspondence or other means of communication".Now DPP,you are HIGHLY educated,while Legal Team is a Coal-Pit-School-Graduate,with NO Education.I am not Bright! DPP,You anxiously charged the WPC for the offence of Indecent Language:From my background Knowledge of BVI Laws,Indecent Language is an offence created pursuant to the provisions of section 289 of the Criminal Code,of 1997.Section 289 states "(1)Any person who uses any abusive,blasphemous,INDECENT,insulting,profane or threatening language (a)in any public place,(b)in any place to the annoyance of the public,or(c)in any circumstances likely to cause a breach of the peace,commits an offence and is liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred and fifty dollars.But where is the term "Indecent" defined in LAW?Just a legal tecnicality sir:In June 2007,the NEW-V.I Constitution declared for the First Time,Fundamental Rights and Freedoms of the Individual,which includes,[Protection of Freedom of Expression!]Since then,while serving Her Majesty,2007,as a member of the DPP's Legal Team,I lobbied for the DPP to take a closer look at Section 289 of the Criminal Code,because Section 23 of the Supreme Constititon,could now have a legal Superior effect on section 289 of the Code!New-DPP,I hope you didnt charge the WPC for Indecent Language, to wit "F-"? for example:Because sir,the term "F-"is now Freedom of Expression under section 23 of the Constitution,and the term "F-" is not defined as an OFFENCE in section 289 of the Code:The latter Inferior Law, is a Statuatory, BUT,Existing-Law! While I believe in Public Morality and Decency,in our Community,I also would like people in Authority,to pay more attention to the Constitution:I will join the legal-team of the WPC,because I want to see,how a Magistrate can Convict a person in a court of LAW [after the new Constitution] for Indecent Language-"F-" under section 289 of the Code,when that Term "F" is not defined in section 289 of the LAW! Legislators "Go to the Parliament,and AMEND the Statutory Existing Laws,and bring these laws into Conformity with the V.I Constution,as provided for in section 115 of the said Constitution".WPC,you have no charge to answer-Case dismissed on a Constitutional point-of-Law!Parliament must INSERT,sub-section(D) after sub-section (c) in the principal-section 289,that the word "F" notwithstanding freedom of expression in the Constituion,is nevertheless,an offence under section 289 of the Code!!But WPC,in the future, remember the Oath of your office.Respect Her Majesty's Badge..
  • abuse of office (23/03/2013, 20:12) Like (0) Dislike (0) Reply
    Firstly cell phones at school is WRONG.... The teacher should be suspended who allowed that search for an "illegal cellphone"
    Secondly I applaud the student... You were exercising your right.
    Thirdly that is not conduct of a police officer. That is the example that is being set for our kids? How are these children suppose to respect that police officer again? in my opinion she should be suspended. we do not need these kind of people as police officers.
  • WPC FRETT vs COP&DPP (24/03/2013, 13:34) Like (0) Dislike (0) Reply
    INDECENT:The oxford english dictionary defines the word Indecent-an adjective,to mean"(1)causing offence by showing TOO MUCH OF THE BODY or involving SEX(2) Not appropriate".
    LANGUAGE:Language is defined as a noun,meaning"(1)Human communication through the use of spoken or written words".Indecent-Language?Section 289 of the Criminal Code of 1997? Where is it defined in section 289,that a [set of words],including the "F" word is criminalized as an offence in law?Section 289 SUB-SECTION (5) states"A prosecution for an offence under this section[289] SHALL-NOT be brought except with the CONSENT of the ATTORNEY GENERAL".However,In June 2007,the new V.I Constitution,made provision under section 59 for a Director of Public Prosecutions-DPP,who took away the power of Criminal Prosecution from the Attorney General:But sub-section (5) of 289 of the Criminal Code,remained Un-Amended! WPC FRETT,let the Legal-Team and his attorneys represent you.Bring a lawsuit against the COP & DPP for Malicious Prosecution;because the law[section 289] does not declare-as a definition,that the "F" word or other similar-words,practically called "indecent language" is,when used in public,makes its usage to be a Criminal Offence.I have asked this question for 25yrs and I will ask it again;"Who determines what word is Indecent?The law-books or the Magistrate?" Further more,the law-sub-section(5) of the said code,declares,that for the COP to charge you for this offence,he must first seek the Consent of the A.G:You already pay a lawyer?Ok,tell the lawyer,don't come to court:You will Just plead Not Guilty!If the Magistrate fines you guilty,because she determined what Indecent Language is; appeal to the High Court of Justice on a point of Law:WHEN you win the Appeal,Sue the Crown-DPP & COP,and give the money to Charity!Law-is-Law,and they Must follow the DAAAM-LAW!!


Create a comment


Create a comment

Disclaimer: Virgin Islands News Online (VINO) welcomes your thoughts, feedback, views, bloggs and opinions. However, by posting a blogg you are agreeing to post comments or bloggs that are relevant to the topic, and that are not defamatory, liable, obscene, racist, abusive, sexist, anti-Semitic, threatening, hateful or an invasion of privacy. Violators may be excluded permanently from making contributions. Please view our declaimer above this article. We thank you in advance for complying with VINO's policy.

Follow Us On

Disclaimer: All comments posted on Virgin Islands News Online (VINO) are the sole views and opinions of the commentators and or bloggers and do not in anyway represent the views and opinions of the Board of Directors, Management and Staff of Virgin Islands News Online and its parent company.