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New Magistrate grants two accused Xmas wishes to be with family

Antonio J. Caines was granted his 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. Photo: VINO
Osrick DaSilva has been granted bail to the sum of $80,000 for which he was required to have two qualified sureties at the request of his lawyer. Photo: VINO
Osrick DaSilva has been granted bail to the sum of $80,000 for which he was required to have two qualified sureties at the request of his lawyer. Photo: VINO
New Magistrate at John's Hole, Velon John. Photo:
New Magistrate at John's Hole, Velon John. Photo:
ROAD TOWN, Tortola, VI – Antonio Joseph Caines, 34, of Duffs Bottom and Osrick DaSilva, 37, a native of St. Vincent both got their Christmas wishes granted by Magistrate Velon John when they appeared before him earlier today December 4, 2013.

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.

36 Responses to “New Magistrate grants two accused Xmas wishes to be with family”

  • Pleased (04/12/2013, 14:26) Like (33) Dislike (3) Reply
    NOw there is a magistrate with a conscience. I like him already.
    • to pleased (04/12/2013, 17:16) Like (4) Dislike (0) Reply
      the issues were much wider and deeper
    • SUSS (05/12/2013, 07:46) Like (4) Dislike (0) Reply
      yea man dat sound good .all ayu do go spend time with ayu family and return to court .don't abuse it .so others can have the same prelivage to go and spend time to god bless mr john hole bless up
  • cold (04/12/2013, 14:27) Like (7) Dislike (2) Reply
    they always feeing the deeds island man while bob dem look up for nothing
  • son of the soil (04/12/2013, 14:37) Like (10) Dislike (2) Reply

    Who is looking out for us natives?

  • Eagle Eye (04/12/2013, 15:40) Like (4) Dislike (1) Reply
    just in time to eat turkey and pork
  • Why (04/12/2013, 16:40) Like (0) Dislike (6) Reply
    Pleased why u say that. Don't the Senior Magistrate have conscience? I think she is the best practicing attorney in the BVI right now. So she must have a conscience.
  • Concern 1 (04/12/2013, 16:47) Like (4) Dislike (1) Reply
    a very good gesture my Lord. Thanks for being so considerate. May God bless you
  • freejud (04/12/2013, 16:54) Like (0) Dislike (1) Reply
    He once ordered a puclic flogging for a crime that was committed in his homeland ST lucia
    • jail bird (04/12/2013, 19:32) Like (5) Dislike (0) Reply
      You have 1/2 of the story. He ordered public flogging in his homeland and wanted it to be done immediately without giving the accused man his legal right to appeal. How much goodwill is that!!! Welcome bro but let's wait and see. BVI bloggers sway depending on the occasion. Today they are for you; tomorrow they will be against you.
    • Yo (05/12/2013, 12:12) Like (0) Dislike (0) Reply
      leh he come try that flogging nonsense here nuh.....
  • Music (04/12/2013, 17:06) Like (2) Dislike (0) Reply
    Do you really think they will show up for trial?
    • Uh huh (04/12/2013, 20:01) Like (2) Dislike (0) Reply
      I believe they will or Vincentian Prime Minister Gonsalves will send the vincy right back here. That is a policy of his government.
  • man from east (04/12/2013, 17:41) Like (0) Dislike (0) Reply

    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 .

  • scatliffe (04/12/2013, 17:49) Like (2) Dislike (0) Reply

    Thank you god and madam cheif justice, this magistrate seems to be going by law

  • Ghost (04/12/2013, 18:07) Like (1) Dislike (0) Reply

    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

  • cat walk (04/12/2013, 18:11) Like (1) Dislike (1) Reply

    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

  • blaze (04/12/2013, 18:16) Like (1) Dislike (1) Reply

    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

  • drake (04/12/2013, 18:20) Like (1) Dislike (0) Reply
    To many senseless bail denial , now we'll see sense , when presumption of innocence should apply before anything , justice will be serve now
  • Lega team & BVI law. (04/12/2013, 19:11) Like (4) Dislike (1) Reply
    It's 6.20pm Eastern Caribbean time & 11.20pm UK time:

    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!
    • Colleague (05/12/2013, 07:30) Like (0) Dislike (0) Reply
      my colleague legal team,ah jus about to finish de late night shift but you have me reading all the news clippings on vino looking for a legal blog from legal team.i dont know how you does do it but my bro this is pro research on bvi law meh son.people say you giving fre consultation and lawyers nah like dat. some of them want us to stay in the dark but u always call yourself a man of justice of the law that is why u take the alfred frett case to the govornor looking for social justice in a democrat country.i admire you mah boy.gifted with legal talent.i never stand in court before and hear a magistrate tell a acuse person,'its your rite to bail under section 60 of the magistrate court act'.magistrate does say'i wil use my discretion to grant u bail'.they want us to be doom on de us the law,the light of a good country.they want us to be ignorant of the law but u vow to expose bvi law for all to read.let dem tek dat-booom
  • oohlala (04/12/2013, 21:56) Like (1) Dislike (0) Reply
    i dont know about law so i canot talk about law but this blogger legal team seem to know every law in the it or not i admire reading those blogg on the law
  • son of the soil (04/12/2013, 22:37) Like (0) Dislike (3) Reply
    These island people are looking out for each other..We locals doomed
  • Amen (04/12/2013, 22:41) Like (1) Dislike (0) Reply

    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.

  • HAHA (04/12/2013, 22:53) Like (1) Dislike (0) Reply

    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 ,

  • Well Sah (04/12/2013, 22:59) Like (1) Dislike (0) Reply
    Is it to say we can expect a change , am happy that justice will prevail , thanks to the many pple who speak out about this , our voices hav been heard , madam chief justice we thank u from the bottom of our heart , u acted swiftly to protect our interest , we adore u .
  • Safari (05/12/2013, 05:17) Like (1) Dislike (0) Reply
    Just last week I had a coversation about having the senior magistrate remove frm her post , to much non sense and look someone with a mind is here , well my pple this is good otherwise by next year like balo would have full and my tax dollars would have gone down the drain on unecessary inmate ,
  • cane garden bay (05/12/2013, 05:25) Like (1) Dislike (0) Reply
    Well my tax dollars would be use for something constructive , rather than feeding overcrowding inmates, with the nonesense Ms perfect been doing, thank u our chief justice , this was a concern to me , wasting unecessary money , give bail sir , pple deserve it its ones rite according to the constitution , bail ! Bail ! Bail ! Bail! Bail !
  • asura (05/12/2013, 06:00) Like (1) Dislike (0) Reply
    Just happy the men dem would not be eating ham on the tax payers dime
  • justine (05/12/2013, 06:47) Like (1) Dislike (0) Reply

    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 .

  • Shaé (05/12/2013, 06:56) Like (1) Dislike (0) Reply

    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

  • Check (05/12/2013, 08:07) Like (1) Dislike (0) Reply

    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 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

  • legal team (05/12/2013, 10:10) Like (0) Dislike (0) Reply
    It brings me great joy to read the opinions and comments of the bloggers exercising their [freedom of expression,in the form of written speech,which is a [Fundamental Right and Freedom of an Individual] in accordance with Chapter 2,section 23 of the V.I Constitution:

    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...............................
  • born here (05/12/2013, 13:57) Like (1) Dislike (2) Reply
    we all know them Island man aint returning to the BVI to face charges. that in itself is a fatal mistake.
  • walks (06/12/2013, 04:58) Like (3) Dislike (0) Reply

    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

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