New Magistrate grants two accused Xmas wishes to be with family
In August 2013 the two men were charged for failing to declare monies after $100,000 was allegedly found on a cargo vessel.
When they were initially placed before Senior Magistrate Tamia Richards, Caines was placed on $80,000 and was required to surrender his passport to the Royal Virgin Islands Police Force (RVIPF). DaSilva was, however, remanded to prison.
The new magistrate granted the requests of both accused today as DaSilva was granted bail to the sum of $80,000 for which he was required to have two qualified sureties at the request of his lawyer.
The court heard that it would be totally an injustice to have DaSilva remain incarcerated until the re-commencement of the trail scheduled for January 28-29, 2014. This was based on the fact that the penalty for jail time, if found guilty, would be much less than the time of six months that he would have spent prior to the re-commencement of the trial.
Considering that the accused was likely to return to his job as a seaman, he was allowed to continue to be in possession of his passport but is required to report to the RVIPF every time the vessel he works on docks in the Virgin Islands (VI)
The magistrate also noted that it was in the goodwill of the Christmas spirit that the man should be allowed to spend the season with his family, which includes a new born baby he has not yet been allowed to see.
Caines, on the other hand, was granted the request to retrieve his passport from the RVIPF for the period of December 17 – 30, 2013 to allow him to travel to St Kitts to visit his grandmother.
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36 Responses to “New Magistrate grants two accused Xmas wishes to be with family”
Who is looking out for us natives?
Thank u madam chief justice , mr john this is a new communist , clean it up , , please clean up this country thank u madam chief justice , let ms ********* sit by some desk .
Thank you god and madam cheif justice, this magistrate seems to be going by law
GOD has answers this country pray for justice , justicie vickii ellis and mr john clean this place up , justice is now gonna serve thank GOD
Mr velon john its good to see u are of different calibre compare , this country need pple like u and vikii ellis to stop the injustice that's going onn in this country for the past few years
At last justice is in this country , we welcome u mr velon john , am glad to know u go by the law , to many pple hav been suffering for to long . We welcome in this territory
Dear VINO, a senior Queen's Counsel-QC-attorney-at-law of the UK read your news and asked me to express his good wishes to you and the bloggers on your credible and responsible news-site:
Earlier today,a good & admirable citizen 9a local) of Her Majesty in the BVI,rang my phone to inform me of this breaking news on VINO,but I had already read the news and saw 1 blogg,so I decided,that I will wait to see more free persons exercising their free and democratic right to blogg on a free and democratic news site-VINO,before I myself decide to express my freedom to blogg:
I am not VEX!
In the legal profession,there are persons such as Magistrates & Judges who look at law and follow law:
Unfortunately;however,there are also persons in authority[?] who disregard law and who have no respect for the rule of law and the rights of citizens/residents under BVI Statutory laws and the V.I Constitution:
Having read VINO's news on the topic; I went to my mini-law-library to research the BVI law which deals specifically with Granting of bail by a Magistrate,in cases of summary/misdemeanor offences:
The BVI law is the Magistrate's Code of Procedure Act,Chapter 44,laws of the Virgin Islands:
And the Section is, section 60 (1) of that BVI law which guides a Magistrate on the [Right of accused persons to bail].
Section 60 states:-
""(1) Where the offence with which the accused person is charged is a misdemeanor punishable with fine or with imprisonment,with or without hard labour,for any term NOT EXCEEDING two years ,the accused person SHALL be entitled to be admitted to bail as is hereinafter mentioned""].
There are many offences for which a Magistrate Shall NOT grant bail:
The Magistrate's Code of Procedure(Amendment) Act,2001, no.10 of 2001-
made mention and defined 15 serious offences for which a Magistrate SHALL NOT grant bail.
The offence with which these men was charged,that offence is not defined or described in the Amendments.
Therefore,I will agree with the Magistrate,on a [point-of-law] that his decision to grant bail was lawful and Constitutional:He acted in accordance with BVI laws:
I personally, love and appreciate God's children:I do not support persons in authority based on my liking and appreciation for their public work:ok.
I support persons in authority who support and obey the law and who respect the rights of Her Majesty's citizens and residents under the BVI Statutory laws and under Her Majesty's V.I Constitution!
We have see the light @ the end of the tunnel , mr john we welcome you, to many bias court rooms thing that has been existed I could have swear our senior magistrate was the prosecutor in the court room , not even sometimes the chance to explain oneself.
This island had suffer 4 to long now for justice , the sm is a disgrace to this country legal proffession , acting like t"liban in court room , GOD do answers prays last week my neighbhor was complaining that this lady have no heart this week GOD send justice , I welcome u to this island of ours , thank u madam chief justice , mr john and ms ellis will do the clean up , too many wrongs , let the sm sell ticket with speedys something like that ,
Let them stay home and baby sit now , done enough damage to this government wasting tax payers hard earn dollar , my husband always ask why them taking the road they going ,, wish them well but they does not deserve a post in our court room .
I've went court to support my brother and that sm was a pain in the @$$, always asisting the prosecution , not even to remain neutral , hope they had kno that GOD allow things for a certain time , I don't mind if he found guilty afterwards but GOD sake be impartial and listen then make a conclusion , let them work wit the prosecution , hope the chief justice remove them from this post , not even simple cases get done infront them , they need help , maybe them had child hood issues so now taking it out on everyone , hope them child be perfect if by then thmem is not immune to the law , hahah haha thumbs up 4 justice thank u madam chief justice let them prosecute now
the lady is a past prosecutor in office of dpp, but good thing some person can explain a tortola law.good thing mr john may be a mag who believe in law.is a surety that suppose to ensure a bailout person come back to court that is why the surety have to sign a bond.ppl travel from country to country to go to court.why keep a bvislander in prison without conviction saying dem is flight takers and will runway.with new tecnology you think you can hide from lawenforcement
Her Majesty-The Queen,will be pleased to have learnt the Her Citizens and Her residents in the BVI are all enjoying the freedom which Her Majesty bestowed upon Her citizens and residents of Her BVI:
Parliamentarians/Ministers of Government,whom we voted for at our Constitutional General Election;can go into Her Majesty's Honourable House-of Assembly and say whatever they want about talkshow host,media personnel and bloggers;and when we blogg,they are VEX? Who vex-stay VEX!
VINO;thank you for keeping democracy alive in the BVI:
The comments I read here on your news site are legal,lawful and constitutional,without insults and desrespect for anyone in authority:
Bloggers have a fundamental/constitutional RIGHT to criticise persons in public life,because we have a reasonable expectation,for them[those in public life] to obey the BVI laws and to respect the Citizens'/residents' RIGHTS under BVI law and most importantly under the supreme law [The V.I Constitution].
That is what Her Majesty-The Queen declared in the V.I Constitution:Respect,[under the law] for Her Citizens/Residents:
Let FREEDOM REIGN-VINO;the world[United Kingdom,Great Britain and Northern Ireland] are reading your bloggs!
There is another breaking news:Bloggers; let's go and blogg;it's our RIGHTS to blogg...............................
What fatal mistake u idiot , all over the world pple travel to go court , we are one pple stupidy , on caribbean nation talking bout island pple , with discrimination everyday , once a man is treated fair he have no problem holding his part of conditions , we are one pple stop hating , stop the discrimination , stop dividing our pple there is no island person and I am sure he will return court otherwise his @$$ will be extradited back here , u all jus making pple life like hell , justice 4 1 justice for all . Smh