UPDATE: Attn. Daniels cites embellishment & disingenuousness by Crown
Mr Daniels is currently representing James Telford John in the high profile multi million dollars drugs bust of 2012 in the Virgin Islands. Over the past week the case at the Magistrate’s Court level has seen very heated debates between some of the men’s lawyers and the Crown.
Yesterday October 27, 2014 Mr Daniels had cause to step forward publicly in defense of his client John who he said had pleaded guilty to the charge that was affixed to him and has been and continues to be behind bars from the onset to present.
Mr Daniels took offense to the Crown stating in yesterday’s notice of application for a stay of the continuation which stated, “That the Learned Magistrate’s decision to grant bail to John on his own recognizance without any surety and conditions and to grant bail to the remainder of the Respondents with a signed surety of US$1,000.00 with no conditions is injudicious.”
“1. I did not apply for bail for Mr John, he is not a candidate for bail because he has already pleaded guilty and I am not aware that he was granted bail,” said Mr Daniels.
Speaking with this news site Mr Daniels expressed that his client John’s sentencing is being prolonged consequent to the appeal matters filed by the Commissioner of Police especially in the instance of the notice of application for a stay of the continuation of the complaints numbered 460/2012, 463/2012, 465/2012 and 470/2012.
“This (the notice of application for a stay of continuation…) here now is going to affect his sentencing because now he will have to wait, if this is stayed, he will have to wait… it’s highly unfair..” said Mr Daniels.
He made it abundantly clear that, “The Crown hasn't done anything wrong but what I am saying is that we didn’t make any application for bail, Mr John was not part of any application that day.”
See previous story published on October 27, 2014:
COP appeals bail granted by Dr Velon L. John
-Magistrate Dr Velon L. John granted bail to Jomo Jack, Hugh Erickson, Gerry Freeman and Leon King on October 24, 2014
ROAD TOWN, Tortola, VI – Today October 27, 2014 Commissioner of Police (COP) David Morris submitted to the Eastern Caribbean Court of Appeal of the Virgin Islands a notice of appeal in the matter of Jomo Jack, Hugh Erickson, Gerry Freeman, Leon King and James Telford John after four of the five were granted bail in the Magistrate’s Court on October 24, 2014.
According to a copy of the notice of appeal received by this news site the Commissioner of Police stated his reasons for the appeal as being that the legal evidence substantially affecting the merits of the case was rejected by the court; that the decision to sever Jomo Jack from all complaints, adjourn the matter sine die, and grant bail to all Respondents is unreasonable or cannot be supported having regard to the evidence.
The notice of appeal said too that some other specific illegality, not herein mentioned, and substantially affecting the merits of the case was committed in the course of the proceedings; “and I seek leave to amend the grounds of appeal when the record of appeal becomes available.”
In another document also secured by this news site the COP also issues the appeal court a notice of application for a stay of the continuation of the complaints numbered 460/2012, 463/2012, 465/2012 and 470/2012.
In the latter application the COP said that his grounds for the application are:
a. The Learned Magistrate’s decision of 24th October 2014 to serve the respondents Jomo Jack from the matter and to adjourn the matter of Respondent Jomo Jack Sine Die is erroneous.
b. That the Learned Magistrate’s decision to grant bail to John on his own recognizance without any surety and conditions and to grant bail to the remainder of the Respondents with a signed surety of US$1,000.00 with no conditions is injudicious.
According to the COP he intends to enter and prosecute the appeal to the Court of Appeal to be held in January 2015 against Magistrate Dr John’s decision to offer bail the respondents bail and to sever the trial of the Respondents based of specified complaints numbers for the charges of Possession of the Proceeds of Criminal Conduct, Importation of Cocaine and being concerned in the supply of a controlled drug.
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32 Responses to “UPDATE: Attn. Daniels cites embellishment & disingenuousness by Crown”
2. I have never heard white people using racist language around me in the BVI (not that it never happens).
3. I daily hear black people using racist language in the BVI and talking about skin colour.
4. The UK (where Mr Morris is from) is multi-cultural. Racism is dieing there - it is growing here, led by black people.
I will also agree with you that black people talk more of racism than white agreement.
I have never met Mr Morris but believe he is doing a good job for the Territory in a very difficult situation where so many people are hoping he fails and people protect their criminal friends and family.
I personally know someone who was locked up on remand for more than 2 years and was found not guilty after the fact. All that man did was give a family member a place to stay temporarily,not thinking or knowing the person was into drugs. We need to stop judging people just because you heard a talk on the street. Remember all talk are not true.